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HomeMy WebLinkAboutOrdinance No. 25-1983ORDINANCE NO. 25 -83 IVI I r° n" "ED A A I F. P 5 AN ORDINANCE AMENDING ORDINANCE NO. 2 -83, CODE CHAPTER 631, ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING SECTION 632.01 BY RE- DEFINING HEIGHT OF BUILDING; AMENDING SECTION 637.51(H) BY INCLUDING COMMERCIAL ESTAB- LISHMENTS WHICH SELL, DISPENSE, SERVE OR STORE ALCOHOLIC BEVERAGES AND ON WHICH PREMISES ALCOHOLIC BEVERAGES ARE CONSUMED; AMENDING SECTION 641.01(A) BY REQUIRING A SPECIAL EXCEPTION FOR ESTABLISHMENTS, WHETHER OR NOT LICENSED BY THE FLORIDA DEPARTMENT OF BUSINESS REGULATIONS, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, WHICH DISPENSE, SELL,SERVE, STORE OR PERMIT CONSUMPTION ON THE PREMISES OF ALCOHOLIC BEVERAGES; REPEALING ALL PORTIONS OF THE CITY CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Section 632.01, Definitions, shall be amended by deleting the definition of "Height of Building" in its entirety and replacing it with the following: Height of Building - The vertical distance from twelve (12) inches above the crown of the fronting road or natural grade at the building line, whichever is highest, to (a) the highest point of flat roof; (b) the deck line of a mansard roof; (c) the average height between the eaves and ridge for gable, hip and gambrel roofs. Measurement must be in compliance with the 100 year flood level, as determined by the Federal Emergency Management Agency. SECTION 2. Section 637.51(H) of the Zoning Code of the City of Cape Canaveral, Florida, is hereby deleted in its entirety and replaced with the following: Sec. 637.51(H)- Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the con- sumption of alcoholic beverages on their premises. SECTION 3. Section 641.01(A) of the Zoning Code of the City of Cape Canaveral, Florida, is hereby amended by deleting the the first paragraph in its entirety and replacing it with the following: Sec. 641.01(A)- Establishments which shall require a special exception by the Board of Adjustment are those, whether or not licensed by the Florida Department of Business Regulation, Division of Alcoholic Beverages and Tobacco, which dispense, sell, serve, store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the Board of Adjustment shall not approve the application unless it is totally consistent with all the conditions as set forth above and also the following con- ditions: SECTION 4. All portions of the City Code in conflict herewith are hereby repealed. Ord. No. 25 -83 Page 1 of 2 fCICRCFIL,J ED 4-15-85 SECTION 5. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of December 1983. Permission to Advertise: Nov. 15, 1983 First Reading, Dec. 6, 1983 Posted: Nov. 16, 1983 Advertised: Nov. 21, 1983 Second Reading: • 20, 1983 NAME YES NO CALVERT FISCHETTI X X NICHOLAS RUTHERFORD X WINCHESTER X Ord. No. 25 -83 Page 2 of 2