HomeMy WebLinkAboutOrdinance No. 02-1994•
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ORDINANCE NO. 02 -94
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, BY AMENDING SECTION 645.05 "SITE PLAN
SUBMITTAL AND REVIEW PROCEDURES" BY ADDING NEW
SECTION 645.05(B)(8) PROVIDING THAT THE
PLANNING AND ZONING BOARD SHALL ONLY CONSIDER
COMPLETED SITE PLAN APPLICATIONS; ADDING NEW
SECTION 645.05(B)(9) PROVIDING TIME
LIMITATIONS FOR REVIEW OF SITE PLANS
PREVIOUSLY DENIED BY THE PLANNING AND ZONING
BOARD; REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; ESTABLISHING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of the City of Cape Canaveral, Florida,
finds that the practice of approval of site plans by the Planning
and Zoning Board subject to conditions has caused undue hardship
and confusion to site plan applicants, City staff and the Council;
and
WHEREAS, the City finds that site plan applicants have
sufficient guidance from their own engineers, applicable City Code
provisions, State and Federal laws, and City staff in order to have
a complete site plan ready for consideration by the City Planning
and Zoning Board and City Council.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City
of Cape Canaveral, Brevard County, Florida, as follows:
SECTION 1. Section 645.05(B)(8) of the City Code of
Ordinances is hereby enacted to read as follows:
"(8) The Planning and Zoning Board shall have no
authority to consider a proposed site plan unless:
(a) The applicant has adequately and completely
addressed all items on the site plan checklist
prepared by the Building Official; and
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City of Cape Canaveral, Florida
Ordinance No. 02 -94
Page 2
(b) The applicant has otherwise complied with all
matters contemplated under this Section 645.05.
At any meeting held for that purpose, the
Planning and Zoning shall table and reschedule any
site plan scheduled for consideration which is
determined by the Building Official not to have
complied with all of the foregoing requirements. A
finding by the Building Official that a site plan
is ready for consideration by the Planning and
Zoning Board shall not be construed as binding the
Board to approve the site plan."
SECTION 2. Section 645.05(B)(9) of the City Code of
Ordinances is hereby enacted as follows:
"(9) Should the Planning and Zoning Board elect to
deny any other site plan submitted for review, the
applicant shall have ninety (90) days from the
meeting date at which the site plan was considered
to address any changes or deficiencies. If any
site plan so revised is not considered by the
Planning and Zoning Board at or before the next
regularly scheduled meeting immediately following
the expiration of the ninety (90) day period, the
application shall be deemed withdrawn and the
applicant shall begin the application process anew,
including payment of another application fee."
SECTION 3. Severability. If any section, paragraph, phrase,
or word of this Ordinance is held to be unconstitutional or
invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent
to pass this Ordinance without such unconstitutional or invalid
part.
SECTION 4. Conflicting Provisions. Any ordinance, or parts
of an ordinance, in conflict herewith are repealed.
SECTION 5. Effective Date. This Ordinance shall take effect
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City of Cape Canaveral, Florida
Ordinance No. 02 -94
Page 3
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 1st day of February
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aith G. Miller, CIT 'VLERK
brm `--'
John .,s Kancilia, e,CIT°Y ATTORNEY
4i llt ...e
1994.
Salamone, MAYOR
NAME
BERGER
NICHOLAS
PORTER
Abs
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SALAMONE
X
First Reading: 1/18/94
posted: 1/19/94
Advertised: 1/21/94
Reading: 2/1/94