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HomeMy WebLinkAboutOrdinance No. 05-1975MICROFILMED 3- 14-80. ORDINANCE NO. 5-75 AN ORDINANCE AMENDING ORDINANCE NO. 12 -71 AS AMENDED, BY AMENDING PRINCIPAL USES IN C -1 DISTRICT, T -1 DISTRICT, AND M -1 DISTRICT BY DELETING DRINKING ESTABLISHMENTS AS A PRINCIPAL USE, AND BY PROVIDING FOR A SPECIAL EXCEPTION FOR ESTABLISH- MENTS DISPENSING ALCOHOLIC BEVERAGES; BY DELETING DRINKING ESTABLISHMENTS AS AN ACCESSORY USE IN THE R -3 DISTRICT; BY PROVIDING THAT ESTABLISHMENTS DISPENSING ALCOHOLIC BEVERAGES, WHEN OPERATED WITHIN A SINGLE COMPLEX OF 35 OR MORE UNITS, MAY APPLY FOR A SPECIAL EXCEPTION IN THE R-3 DISTRICT; BY DELETING SUPPLEMENTARY DISTRICT REGULATION PROVISIONS REGARDING LOCATION OF BUSINESS LICENSED BY THE FLORIDA BEVERAGE DEPARTMENT CONTROL; BY PROVIDING STANDARDS FOR SPECIAL EXCEPTION BY BOARD. OF ADJUSTMENT FOR ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES;. REPEALING ALL ORDINANCES OR PARTS THERE- OF. IN CONFLICT HEREWITH; PROVIDING.AN EFFECTIVE DATE. I I I CR ©FILLED BE IT ORDAINED by the City Couneil of the City of Cape Canaveral, Florida, as follows: SECTION 1.. Ordinance No. 12 --71, as amended, is hereby further amended as follows: (1) Sub- paragraph f. of paragraph 1. Principal Uses and Structures, of the C-1 District, is deleted in its entirety, and the following new sub - paragaph substituted therefor s "l.f. Eating establishments;" (2) The following new.sub"- paragraph shall be added to paragraph 3. Special Exceptions Permissible by Board of Adjustment, of the. C -1 District: "3.j. Establishments dispensing alcoholic beverage (3). Sub- paragraph b. of paragraph 1. Principal Uses and Structures, of the T -1 District, is deleted in its entirety, and the following new' sub - paragaph sttbstituted therefor: "1.b. Eating establishments, provided, however, that in no case shall there be a seating capacity of less than 2004" (4) The following to paragraph 3. Special Exceptions Permissible T -1 District: new sub - paragraph shall be added "3.g. by Board of Adjustment; of the Establishments dispensing alcoholic bevera (5) Sub - paragraph d. of paragraph 1. Principal and Structures, of the M -1 District, is h reby deleted in its entirety, and the following new sub - paragraph substitute therefor: "l.d. Eating establishments." (6) The following new sub - paragraphs shall be added to paragraph 3. 1 M ,CROF LM L 3-14-80 Special Exceptions Permissible by Board of Adjustment, of the M -1 District: 113. . E•stablishments dispensing alcoholic beverages." (7) Sub - paragraph a. of paragraph 2. Accessory Uses and Structures, of the R -3 District, is hereby deleted in its entirety, and the following new sub - paragraph substituted therefor: "2.a. Limited retail and service establishments when operated within a single complex of 35 or more units, including. drug and sundry shops, ,confectionary and coffee shops; newsstands; personal. services; delicatessens; eating establishments; laundry and dry -c1eaning pickup stations and laundromats and similar uses, provided that no commercial display is visible from outside a principal building. Such accessory use shall not exceed five (5) percent of the gross floor area of a .principal use." . (8) The following new sub - paragraph shall be added to paragraph 3. Special Exceptions Permissible by Board of Adjustment, of the R -3 District: "3.e. Establishments dispensing alcoholic beverages, when operated within a single complex of 35 of more units." (9) Paragraph 20. Location of Business Licensed by the Florida Beverage Department Controlled, and-paragraph 21. Restaurant or Cocktail Lounges Size and Seating Controlled in Allowing On- Premise Consumption of Liquors of Section RII.' SUPPLEMENTARY DISTRICT REGULATIONS are hereby deleted in their entirety. (10) Section XV. BOARD OF ADJUSTMENTS: .POWERS AND DUTIES is hereby amended as follows: r DIED .` -14-30 MLCROFI __.. Paragraph 2. Special Excep't'ions: Conditions Governing Applications; Procedures shall be renumbered paragraph 2A. It is further amended by the addition of the ¶o11owin new sub- paragraph to paragraph 2: '2B. Establishments Serving 'Alcoh lic Beverages Establishments which shall require 4 Special Exception by the Board of Adjustment are those licensed by the .Florida Beverage Department. for the purpose of permitting the dispensing of alcoholic-beverages, whether for on- premises consumption or for package retail sales. In consideration of a Special Exceptia. application, the Board of Adjustment shall not approv• the application unless it is totally consistent with all of the conditions as set forth above, and also the following conditions: (1) (3) The establishment shall not be within three hundred (300) feet of any existing church, scho grounds or playgrounds; measurement shall be made from the main entrance df, the establishme to.the closest lot line of the church, school grounds or playgrounds by following the shortest: route to ordinary pedestrian travel along the public thoroughfare, street or road. The establishment of a vendor licensed by the 'Florida Beverage Department permitting on- premise consumption of beverages shall not be located within two thousand (2,000) feet ©f'another•establishment so licensed: The specific distance shall be measured following the "shortest route to ordinar pedestrian trave:`; along the.public thoroughfare, street or road from the main entrance of the establishment to the main entrance of another establishment(c similarly licensed by the Flolrida Beverage Department. Package retail sales of aicohplic beverages for carryout shall comply with 2.B(1), (4). and (5) ; 2.D and E, and 2.0 (3) (e) hereof only. (4) Parking: One (1) parking spaC.e shall be provided for each three (3) seats or seating places;' *ell seats or seating places, whether located within a restaurant area or a bar/loun area, will be included in the calculation of the required number of parking spaces'. Package retail sales establishments.shall provide parking as determined by the Building Official of the City of Cape Canaveral, who shall use the ratios established in Section IX. (5) ecia '14= 0 Each application for a Spec�.a shall be accompanied by a vicinity map, a ,site plan map and a building floor plan. ThVicinity map shall be drawn at a scale of 1" = 400' and shall indicate the following information: (a) The outer boundary of the vicinity map shall be at least 2,500 feet from the centroid of the proposed establishment's property. (b) Location of all existing public streets between the•proposed establishment and other establishments and land uses as described in sub — paragraphs (1) and (2). Location of all existing churches, school . grounds, or playgrounds which are within the vicinity map area with specific distance(s) to the proposed establishment affixed per sub — paragraph (1) .. (d) Location of all establishments licensed by the Florida Beverage Department (including package retail sales), which are within the required vicinity map area with specific distance(s) to the proposed establishment affixed, per sub-, paragraph (2). (e) • Existing zoning for all properties within 300 feet to the property of the proposed establishment shall be indicated. The site plan map shall be drawn at a scale not leas than 1" = 100' and shall indicate the following information& (a) Location and dimension of the proposed establishment's property lines, all existing and proposed structures, driveways, parking .spaces and ingress /egress points. (b) The following information. shall be presented in tabulated form: - number of parking spaces — number of restaurant seats — number ` of - bar /lounge-seats building area — lot area The building floor plan shall be of a scale of.not less than 1/8" = 1' and shall detail room layouts and exits. 2C.' Exceptions to the requirement of paragraph 2B (2) are: (1) Restaurants seating 200 or more; (2) Hotels and motels, with 50 or more guest rooms and (3) Restaurants licensed by the Florida Beverage Department for malt beverages only or malt beverages and /or wine only, provided the following conditions are complied with: 4 M ICROFtLMED 3.14.80 • ta) Seating capacity of the establishment shall be at least fifty (50) or more for restaurant purposes only; no area within the establishment may be specifically designed-for a bar /lounge operation; (b) Wine or malt beverages'shall b served with meals only (c) Consumption of food an malt beverages or wine shat be on- premise • only; however, food ca ryout without said alcoholic beverags.may be permitted; (d) Fifty percent (50 %) or more of income shall be from the on- premise consumption of food; periodic sworn statements accompanied by appropriate sales records shall be submitted _ to the City Clerk, at ime periods and.in a form set by t e Board of Adjustment, verifying he major source, of income is consisten with the re-» quirements of this par graph; Sale or consumption of.malt beverages and /or wine shall be limited to the time period between 7:00 A.M. and 12:00 midnight, consecutively. £2D. The Special Exception may be subject to cancellation by the Board of Adjustment if the Board finds that the establishment has been deleterious to the heal h, safety, welfare and morals of the pu lic and that all laws pertaining to the estab ishment's operation have not been comp ied with. (e) ")2E. The Special. Exception shall b apply to the licensee listed Beverage Department only. • =2F. For on- premise, consumption of restaurants or cocktail loung a minimum building area of tea -square feet and a- seating •cap hundred (100) patrons.1•' SECTION 2. All ordinances or:resol parts thereof, in conflict herewith, are he SECTION 3. This Ordinance shall be immediately upon its adoption by the City C of Cape Canaveral, Florida. e limited to by the Florida liquors,. es 'shall have o thousand (2,000) ' acity of-one utions, or reby repealed. come effective I/ ouncil of the City MICROFILMED 344-80 ADOPTED by the City Council of the City of Cape Canaveral, Florida, thi$ lstday of April, 1975. FIRST READING: POSTED: ADVERTISED: SECOND READING: 6 MARCH.I8, 1975 MARCH 5, 1975 APRIL 1,' 19975