Loading...
HomeMy WebLinkAboutOrdinance No. 17-1986MICROFILMED AUG 87 ORDINANCE NO. 17 -86 AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY PERMITTING ADULT ENTERTAINMENT ESTABLISHMENTS IN THE M -1 ZONING DISTRICT BY SPECIAL EXCEPTION; PROVIDING DEFINITIONS; PROVIDING FOR THE AMORTIZATION OF NON - CONFORMING USES; PROVIDING FOR A MEASUREMENT OF DISTANCES BETWEEN ADULT ENTERTAINMENT ESTABLISHMENTS AND OTHER USES; ESTABLISHING A PROVISION FOR WAIVERS; REPEALING CERTAIN PROVISIONS _OF THE ZONING ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR SEVER - ABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, this Ordinance is for the purposes of promoting the health, safety, morals and welfare of the inhabitants of the City of Cape Canaveral, Brevard County, Florida, as more fully described in the Adult Entertainment Code of the City of Cape Canaveral, based on findings of facts contained therein and specifically adopted and incorporated herein by reference. WHEREAS, the City Council has studied all areas of the City of Cape Canaveral in which adult entertainment establishments could be located, and has determined that the zoning set aside in this Ordinance is the one within the City where the adverse secondary effects associated with adult entertainment may most effectively be minimized. It has also determined that the proposed zoning will best serve to shelter its children, its residential properties and its commerce from those adverse effects and will best serve to promote the health, safety and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Section 638.07, M -1, Special Exceptions Permissible by Board of Adjustment, of the City of Cape Canaveral, Florida, Zoning Ordinance is hereby amended by the addition of the following sub - section (L): ORDINANCE NO. 17 -86 PAGE 1 OF 3 MICROFILMED AUG 87 Sec. 638.07(L) - Adult Entertainment Establishments, subject to the following provisions: 1. Definitions - Where applicable, words or phrases used in this sub - section shall be defined according to Chapter 722 of the Cape Canaveral City Code. 2. Prohibited Locations - Notwithstanding any other provision of the Zoning Ordinance of the City of Cape Canaveral, no person shall cause or permit the establishment of an adult entertainment establishment within 500 feet of another such establishment or within 1,000 feet of any pre- existing religious institution, school, public park, or any residentially zoned distirct (R -1, R -2, R -3). This provision shall also apply to adult entertainment establishments, religious institutions, public parks and areas zoned for residential use that lie outside of the City of Cape Canaveral. 3. Permissible Locations - Notwithstanding any other - provisions of the Zoning Ordinance of the City of Cape Canaveral, except those contained in sub - paragraph (2) Prohibited Locations above, adult entertainment establishments shall be allowed in M -1 zoning district by Special Exception. 4. Measurement of Distance - The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such establishment. The distance between any adult entertainment establishment and any religious institution, public park or school shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the religious institution, public park or school. The distance between any adult entertainment establishment and an area zoned for residential use shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment to the nearest boundary of the area zoned for residential use. 5. Amortization of Nonconforming Uses - The operation of an adult entertainment establishment which, on the effective date of this Ordinance, is operating, or is found by a court of law to have had a right to operate, within 500 feet of another such establishment; within 1,000 feet of any pre- existing religious institution, school, public park, or area zoned for residential use, shall be discontinued by September 1, 1989, if such business continues to be within 500 feet of another such business or within 1,000 feet of any religious institution, school, public park, or area zoned for residential use. In the event two or more adult entertainment establish- ments are located within 500 feet of each other and qualify under this Section as non - conforming uses, the first of said establishments to have initiated operations within the City of Cape Canaveral, provided it otherwise complies with all applicable zoning regulations, shall be permitted to continue operation at its established location and the location of all other adult entertain- ments establishments that continue to be within 500 feet of said establishment shall be discontinued by September 1, 1989. ORDINANCE NO. 17 -86 PAGE 2 OF 3 MICROFILMED AUG 87 6. Waiver - The City Council of the City of Cape Canaveral, Florida, may waive the distance requirements of Sub - paragraph (4) above if it finds: a. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the Zoning Ordinance will be observed; b. That all applicable provisions of this Ordinance and the City of Cape Canaveral Adult Entertainment Code will be observed; and c. That the proposed use will not be contrary to any adopted land use plan. SECTION 2. Section 637.53 (C) and (D) of the Zoning Ordinance of the City of Cape Canaveral is hereby repealed. SECTION 3. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. SECTION 4. All portions of the Code in conflict herewith are hereby repealed. SECTION 5. This Ordinance shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th day of August , 1986. ATTEST: First Reading Posted: Advertised: Second Readhn NAME YES NO FISCHETTI X KIDD X LEE X MARCHETTI X NICHOLAS X August 5, 1986 August 6, 1986 August 9, 1986 August 19, 1986 ORDINANCE NO. 17 -86 PAGE 3 OF 3