HomeMy WebLinkAboutOrdinance No. 10-1975 with Minutes of 10-28-1975AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS
FOR THE CITY OF CAPE CANAVERAL, FLORIDA AND PROVIDING FOR
THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF, IN
ACCORDANCE WITH THE PROVISIONS OF FLORIDA STATUTES, AND THE
CHARTER OF THE CITY OF CAPE CANAVERAL, AND FOR THE REPEAL
OF ALL ORDINANCES IN CONFLICT HEREWITH.
THE ORIGINAL FIRST EDITION IS FOLLOWING
ON MICROFILM,
FIRST EDITION HAS BEEN AMENDED BY THE FOLLOWING:
ORDINANCE NO. 29 -75 PASSED ON 3 -9 -76
ERRATA SHEET 5 -14 -76
ORDINANCE N0. 17 -76 PASSED ON 9 -27 -76
ORDINANCE NO. 24 -76 PASSED ON 1- -18 -77
ORDINANCE NO. 10 -77 PASSED ON 6 -21 -77
ORDINANCE NO. 14 -77 PASSED ON 10 -4 -77
ORDINANCE NO. 21 -7.7 PASSED ON 2 -7-78
ORDINANCE NO. 1 -78 PASSED ON 2-21-78
ORDINANCE NO. 2 -78 PASSED ON 2 -21 -78
ORDINANCE NO. 3 -78 PASSED ON 3 -4 -78
ORDINANCE NO. 8 -78 PASSED ON 6 -6 -78
ORDINANCE NO. 10 -78 PASSED ON 6 -20 -78
ORDINANCE NO. 19-78 PASSED ON 12 -5 -78
ORDINANCE NO. 21 -78 PASSED ON 2-6-79
ORDINANCE NO. 3 -79 PASSED ON 4-3-79
ORDINANCE NO. 8 -79 PASSED ON 7 -3 -79
ORDINANCE NO. 10 -79 PASSED ON 8-7 -79
REGULAR MEETING
CITY COUNCIL
OCTOBER 28, 1975
A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY
OF CAPE CA14AVERAL WAS HELD ON OCTOBER 28, 1975 AT CITY
HALL, 105 POLK AVENUE, CAPE CANAVLRAL, FLORIDA AT 7:30 P.M.
THE MEETING WAS CALLED TO ORDER BY MAYOR FRANKLYN P.
MACLAY.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS
PRESENT WERE: MAYOR FRANKLYN P. MACLAY, COUNCILMEN L.C.
NICHOLAS, E.H. RHAME, G.J. SALVAGGIO AND MRS. ANN TIHIRM.
CITY MANAGER ALBERT J. FRANCIS, ASSISTANT CTTY ATTORNBY
RICHARD F. SCOTT, SGT. AT ARMS CHIHF TWEEII,CITY CLERK
ANITA J. OSTROM.
MAYOR MACLAY 'MOVED TO DISPENSE WITH THE READLNG
.OF THE MINUTES. MR. SALVAGGIO SECONDED. VOTE AS FOLLOWS: 114 1- %Volt,
MAYOR, MR. SALVAGGIO, OPPOSED, MR, NICHOLAS, MR. RHAME,
MRS. THURM. MOTION FAILED.
MR. RHAME READ THE MINUTES OF OCTOBER 21 AND
OCTOBER 22. MR. RHAME AND MR. SALVAGGIO REQUESTED THAT
THE MINUTES OF OCTOBER 22 BE CORRF.CTF.D TO SHOW THEIR REASON
FOR NOT ATTENDING. MINUTES WERE APPROVED WITH CORRECTION.
UNFINISHED BUSINESS
ITEM 1. ORDINANCE 10 -75 ESTABLISHING COMPR£HF.NSIVR
ZONING
MR. RHAME WENT THROUGH THE ZONING ORDINANCE. NOTING
ERRORS IN THE TYPING AS WELL AS OTHER CHANGES TO BE MADE.
MR. RNAME MOVED, THAT SECTION 645.28 BE AMENDED
BY ADDING THE WORDS, "OR SHALL 140T APPLY TO A PETITION INITIATED
BY THE CITY COUNCIL ". MR. NICHOLAS SECONDED THE MOTTON.
MOTION CARRIED UNANIMOUSLY.
MRS. THURM MOVED 645.13. BE AMENDED TO ALLOW FOR TWO
ALTERNATE MEMBERS OF THE BOARD OF ADJUSTMENT AND THAT 14EI -IBERS
BE RESIDENTS OF THE CITY FOR ONE YEAR AND TERMS TO BE SET THE
FIRST YEAR: THREE YEARS FOR THREE MEMBERS, TWO YEARS FOR TWO
MEMBERS AND TWO YEARS FOR ALTERNATES. MR. SALVAGGIO SECONDED.
MOTION CAARRIED UNANIMOUSLY.
MR. RHAME MOVED THAT THE DEFINITION "REQUIRED YARD"
BE DELETED. MRS. THURM SECONDED MOTION. MOTION CARRIED
o
UNANIMOUSLY.
MR. NICHOLAS MOVED THAT THE DEFINITION FOR RESIDENTIAL
DISTRICT BE AMENDED TO READ, "THE R -1, R-2, R-3 OR 14H -1 DISTRICT ",
MR. RHAME SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
MR. NICHOLAS MOVED THAT SECTIONS 630 AND 630.01
BE AMENDED TO ADD AFTER THE WORDS "FLORIDA STATUTES "THE FOLLOWING
"AND THE CHARTER OF THE CITY. OF CAPE CANAVERAL ", MRS. THURM
SECONDED.. MOTION CARRIED UNANIMOUSLY.
MRS. THURM MOVED THAT THE FEE FOR VARIANCES AND SPECIAL
EXCEPTIONS BE CHANGED TO $100.00. MR. SALVAGGIO SECONDED MOTION.
MOTION CARRIED UNANIMOUSLY.
• MAYOR MACLAY MOVED THAT SECTION 645.05 PARAGRAPH
"B" BE AMENDED BY STRIKING THE FIRST WORD "APPLICABLE" AND
INSERT THE WORD "ALL ". MR. RRAME SECONDED MOTION. .MOTION
CARRIED UNANIMOUSLY.
MAYOR MACLAY MOVED SECTION 637.89 SUBPARAGRAPH "F"
EE AMENDED TO INCLUDE. THEATERS, BOOKSTORES AND PHOTOGRAPHIC
STUDIOS. MR. NICHOLAS SECONDED MOTION. VOTE WAS AS FOLLOWS:
IN FAVOR, MAYOR MACLAY, MR. NICHOLAS AND MR. SALVAGGIO, OPPOSED
MR. RHANE AND MRS. THURM. MOTION CARRIED.
MR. BRAME MADE A MOTION TO APPROVE ALL AMENDMENTS
AND CORRECTIONS PREVIOUSLY NOTED BY THE COUNCIL. MR. NICHOLAS
SECONDED MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MR. NICHOLAS,
MR. RHAME, MR. SALVAGGIO AND MRS. THURM, OPPOSED, MAYOR MACLAY.
MOTION CARRIED. VOTE ON THE MAIN MOTION FOR ADOPTION OF THE
NEW ZONING ORDINANCE, AS AMENDED, WAS AS FOLLOWS: IN FAVOR,
MR. NICHOLAS, MR. RHAME, MR. SALVAGGIO AND MRS.. THURM, OPPOSED
MAYOR MACLAY. MOTION CARRIED. ORDINANCE ADOPTED.
ITEM 2. REVIEW OF BUDGET INCOME 6 EXPENDITURE ITEMS
MR. SALVAGGIO EXPLAINED HIS PROPOSAL FOR BALANCING
THE BUDGET AND MOVED THAT THE CITY DELETE THE 3 -MILL TAX IN THE
GENERAL FUND EFFECTIVE JANUARY 1, 1976 AND START BILLING FOR
GARBAGE ON AN INDIVIDUAL BASIS. MR. RHAME SECONDED THE MOTION.
MR. RHAME MOVED TO AMEND THE MOTION TO DELETE 1 -MILL AND RETAIN
2 -MILLS FOR THE GENERAL FUND AND IMPOSE THE GARBAGE FEES AS OF
COUNCIL MINUTES
10 -28 -75
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• JANUARY 1, 1976. MR. SALVAGGIO SECONDED MOTION. VOTE WAS
AS FOLLOWS: IN FAVOR, MR. RHAME, OPPOSED, MAYOR MACLAY,
MR. NICHOLAS, MR. SALVAGGIO AND MRS. THURM. MOTION FAILED.
VOTE ON THE MAIN MOTION WAS AS FOLLOWS: IN FAVOR, MR. SALVAGGIO,
OPPOSED, MAYOR MACLAY, MR. NICHOLAS, FIR. RHAME AND MRS. THUP14.
MOTION FAILED.
MRS. THURM REVIEWED FOR COUNCIL HER PROPOSAL OF A
32 -HOUR WORK WEEK AND MOVED. FOR ADOPTION. MR. NICHOLAS
SECONDED. THE MOTION. REPRESENTATIVES OF THE PBA, NORMAN KLEIN
AND ATTORNEY MOSS,OFFERED STRENUOUS OBJECTIONS TO THIS PLAN.
VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR, MRS. THURM, OPPOSED,
MAYOR MACLAY, MR. NICHOLAS, MR. RHAME .AND MR. SALVAGGI'O. MO77ON
FAILED.
MR. RHAME MOVED THAT THE CITY SET UP EQUITABLE
AND PROPER CHARGES BASED ON SEWER RATE'S TO ACQUIRE .$50,000 314
REVENUE BETWEEN JANUARY 1 AND SEPTEMBER 30, 1976. THIS FER TO Up;
TEMPORARY AND ONLY FOR THE 9 -MONTH PERIOD WITH THE BALANCE: OP
DEFICIT TO BE TAKEN FROM THE CONTINGENCY FUND. MR. SA).VAGGI0
SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR, MAYOR
MACLAY, MR. RHAME, MR. SALVAGGIO, OPPOSED, MR. NICHOLAS AND
MRS. THURM. MOTION CARRIED. THE BUDGET WAS BALANCED.
BY MOTION OF MR. NICHOLAS, SECONDED BY MAYOR MACLAY,
MEETING ADJOURNED AT 11:40 P.M.
APPROVED THIS 4 DAY OF NOVEMBER , 1975.
MAYOR
CITY CLERKi/
COUNCIL MINUTES
10 -20 -75
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