HomeMy WebLinkAboutOrdinance No. 03-1984 Emergency failed EMERGENCY ORDINANCE NO. 3-84
AN EMERGENCY ORDINANCE ESTABLISHING A MORATORIUM '
ON BUILDING WITHIN TWENTY-FIVE (25) FEET WEST OF /‘
THE COASTAL CONSTRUCTION CONTROL LINE; ADOPTING
A THIRTY (30) DAY TIME PERIOD; REPEALING ALL
PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING
AN EFFECTIVE DATE.
WHEREAS , severe beach erosion and dune damage has occured on
oceanfront properties located within the City of Cape Canaveral,
Florida, as a direct result of a severe storm during the week of
November 19 , 1984; and
WHEREAS, said severe beach erosion and dune damage has adversely
affected the efficiency of the State of Florida Department of
Natural Resources established coastal construction control line for
said properties; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida,
has determined that a serious threat to the public health, safety,
and welfare would be created if any construction were permitted
in those portions of oceanfront property within the City of Cape
Canaveral , Florida, already affected by the storm generated beach
erosion and dune damage until such time as beach and dune restoration
is accomplished or necessary adjustments to the established coastal
construction control line are effected by the State of Florida
Department of. Natural Resources; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida,
has determined that an emergency condition is existing along the
dune construction line; and
WHEREAS , the City Council of the City of Cape Canaveral , Florida,
desires to preserve and protect the public health, safety and
welfare.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Cape Canaveral , Florida, as follows :
SECTION 1 . The temporary moratorium established by this
Ordinance shall apply to all oceanfront property located within
the City of Cape Canaveral, Florida.
SECTION 2 . The City Council of the City of Cape Canaveral,
Florida, hereby declares that allowing further issuance of building
permits for that portion of oceanfront properties within twenty-five (25'
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feet of the established State of Florida Department of Natural
Resources coastal construction control line prior to beach and
dune restoration or appropriate adjustment of said coastal
construction control line will operate as and constitute a
detriment to the health, safety and general welfare of the citizens
of the City of Cape Canaveral, Florida, and that the imposition
of this temporary moratorium will enable the City Council and
the State of Florida to properly address their concerns regarding
future construction in the above described area of operation.
SECTION 3 . In recognition of the expression of the reasoning
and intent of the City Council as set forth herein, no building
permits shall be issued by the City of Cape Canaveral for any
new structures located, or proposed to be located, within twenty-
five (25) feet, in a westerly direction, of the coastal construction
control line as currently established by the State of Florida
Department of Natural Resources , for all oceanfront properties
abutting or adjacent to the Atlantic Ocean, within the City of
Cape Canaveral , Florida, for a period of thirty (30) days after
the effective date of this Ordinance. The only structures that
may be permitted to be built in this twenty-five (25) foot area
are repairs to already existing structures that in no way enlarge
the existing structures but merely bring it to its original
construction.
SECTION 4 . The provisions of this Ordinance shall not apply
in the following circumstances :
(a) A building permit has been issued by the City of Cape
Canaveral Building Official for the proposed construction on or
before the effective date of this Ordinance.
(b) A building permit may be issued by the City of Cape
Canaveral for any building permit for any portion of oceanfront
property in the City of Cape Canaveral which abuts or is adjacent
to the Atlantic Ocean, not within the above described twenty-five
(25) foot setback area, and where the natural configuration of the
primary or secondary dune system on the subject property has been
altered by removal of soil or vegetation materials , only where the
applicant for said building permit has submitted to the City of
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Cape Canaveral satisfactory proof of applicant' s application for
and receipt of an applicable permit for dune restoration and
revegetation from the State of Florida Department of Natural
Resources , including plans clearly indicating compliance by applicant
of all applicable State of Florida Department of Natural Resources
standards in regard to dune restoration and revegetation, provided,
however , that no certificate of occupancy for any construction
permitted under this exemption provision shall be issued by the
City of Cape Canaveral prior to complete beach and dune
restoration and revegetation, as deemed satisfactory by the City
of Cape Canaveral and the State of Florida Department of Natural
Resources after inspection. Provided, further, that no building
permit shall be issued by the City of Cape Canaveral under this
exemption provision prior to submittal to the City of Cape
Canaveral , by the applicant of a survey of the subject property,
certified and sealed by a State of Florida registered surveyor
or engineer, which said survey clearly indicates thereon the
established coastal construction control line as it relates to
the subject property, and the application has marked or establish-
ed on site by permanent monuments the location of said coastal
construction control line .
SECTION 5 . Any property owner may seek relief from this
Ordinance by petitioning the City Council at least ten (10) days
before the next regularly scheduled meeting requesting relief
from this twenty-five (25) foot setback. The City Council shall
consider the issue and, based on the welfare of the City as opposed
to the right of the property owner, either grant or disallow relief.
The Council shall have the right to postpone the decision for one
meeting, if so desired.
SECTION 6 . All portions of the code in conflict herewith are
hereby repealed.
SECTION 7 . This Ordinance shall take effect immediately upon
its adoption.
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ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this day of , 1984
1
Mayor
ATTEST:
City Clerk
Approved as to Form:
City Attorney
1
EMergency Ordinance No. 3E-r84
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