HomeMy WebLinkAboutOrdinance No. 22-1965-A•� M._: 9, REPEALED
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ORDINANCE NO. r4 -- 1, S - 1)
AN ORDINANCE PRESCRIBIN:; RULES OF PROCEDURE
FOR THE ZONING AND PLANNING BOARD OF THE CITY
OF CAPE CANAVERAL, FLORIDA; PROVIDING All EFFECTIVE
DATE; REPEALING SECTION NO. 5 OF ORDINANCE 110.,18 -63
AND ORDINANCE N0, 22 -65..
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL:
SECTION 1. There Is hereby prescribed and adopted
rules of procedure for the conduct of the meetings and business
of the Zoning and Planning as follows:
SECTION 2 The term "Board" shall hereinafter be used
to indicate the Zoning and Planning Board of the City of Cape
Canaveral, Florida..
SECTION 3. The Board shall hold Regular Meetings on
the I•lednesday immediately preceding the First and Third. Tuesday
of each month excepting legal holidays.
SECTION 11. i•leetings shall be called to order at 8 :00 P.I.I.
SECTION 5. Business may be conducted when a Quorum of
three members are Present.
SECTION 6. Official action may be taken only when at
least three member-., are in agreement and cast indentleal votes.
SECTION 7. The Chairman shall conduct all meetim c when
he in present. The Vice - Chairman shall conduct mcetings when the
Chairman is absent. In the absence of the Chairman and the Vice -.
Chairman, the three members present shall select one of the members
to preside.
SECTION 8. Special meetings may be called by the Chairman,
or, in his absence, by the Vice - Chairman, or upon written notice
by any two Board members, at any tlmc after a minimum of forty -
eight hours advance notice has been given to all Board members. In
case of an emergency, a 3peclal meeting may he called as prescribed .
above at any time after notice has been given to all members..
SECTION 9. Official notice of Special meetings is to be
L;Iven to the Board's secretary by the Board Chairman or In his
absence by the Vice - Chairman or by written notice with the ^igna-
tureu of any two Board members. Tne Board's secretary shall then
make dilii,ent effort to notify each Board membe ry the :zoning and
Planniin, Councilman, the Press and other interested parties at the
earliest practical time. Should the Board's secretary be unable
to notify any person or persons, by all reasonable means, such
Inability to notify shall be communicated to the party or parties
calling the mecting.
SECTION 10. Members of the Press desiring notice of :,pedal
meetings may request the board's secretary to place their, name on
the list of those to be notified of all such meetings.
SECTION 11. The agenda for each Regular or Special meet -
ingn shall be posted at City Hall, a minimum of forty -eight hours
before meetini; time. Ai--cnda for Emer,;ency session.. with short
notice may be handed to members at meeting. The agenda is to be
written :::nd shall include all properly submitte.l requests for
Special :;enln- Action and other items scheduled for action or dis-
cussion in the normal con:iuct of the affairs of the Boar,l. The
aLenda is to be or,ani::ed by the Chalr:r -;n, or in his absence b
the Vice- Chalniian of the Dour] and hin si_nat:ure is to anpear on
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.the agenda as posted. Special meetings called by two or nore-
❑:en�bers of the Board shall bear the nignatures of the two or more
members callln;; said meeting.
SECTION 12. Meetings will be held at either the City Hall
of City Hall Annex within the City.. Meeting procedure shall follow
the following outline:
I. Call to Order
II. Roll Call (including the lining of all guests)
III. Reading of Previous Meeting Minutes
IV. Action on Special Zoning Requests (if any)
A. Public Hearing Phase (procedure to be outlined
by Chairman)
1. Case No. 1..
a. Description of Case by Chairman
b. Verification of Proper Notification and
Advertisement by Board secretary
c. Public Statements
SS1 By Proponents
2 By Objectors
(3 Reading of all letters received
by Board secretary
d. Questions by Board members and ex- officio
members of Proponents and Objectors
e. Public Hearing Phase of Case No. 1 closed
2. Case No. 2. (if any), etc.
After Public Hearing phase of all cases, the meeting shall recess
for a period of time not exceeding five (5) minutes.
B. Deliberation Phase After the recess, the members
of the Board ,.ex- officio members, the Press, City Council members
and any city employees or city consultants directly concerned with
the business at hand shall 'convene for the deliberation phase of
Lire meeting.
1. Case No. 1.
a. Restatement of Case by Chairman
b. Discussion. of Case. After approximately
fifteen (15) minutes of discussion, a vote to terminate the d1s-
csssion of the case will be taken by the Chairman.. If Board elects
to continue the discussion, an additional fifteen (15) minutes of
discussion shall be alloted, after which time the case shall be
automatically tabled by the Chairman until the next meeting.
c. Polling of the Board to obtain individual
opinions of Case. Information derived from this poll to be used
in summary of Board b recommendations.
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d. Statement by Chairman of Board's options.
Tneae options will be: Recommend Approval, Recommend Disapproval,
Table for further investigation or consideration.
e. Voting on Options. The Chairman shall
call for a show of hands on the .various options listed above. If
the minimum number of votes required by these rules of procedure
cannot be obtained for one of the options on a first vote, the
Chairman shall call for anothervote. This second vote shall be
taken after a five (5) minute discussion. If the second vote does
not produce the required majority for asingle option, the matter
will be automatically tabled by the Chairman until the next meet-
ing.
f. Summary of Board's recommendations. The
Chairman with the Board's assistance, shall briefly summarize for
the record the Board's reasoning and philosophy leading to the
final action. This summary will be made if the case is approved,
disapproved or tabled. The Board's recommendation and summary
shall be entered in the appropriate space on the Special Zoning.
:Action Request 'Form. A copy of this form with the Board's action
shall be posted In the City Hall prior to 10:00 A.M. the day
following the meeting.,
S. In the event that this case is tabled for
any reason, the case shall then automatically become a part of the
agenda of the next Regular meeting of the Board and all subsequent
meetings thereafter until a recommendation on the case in made to
City Council or Board of Adjustment.
h. The Board shall take action upon any
request for variance, conditional use, special exception or re-
zoning classification, within thirty (30) days from the first Public
Hearing conducted by the Board on the said request, and cause the
name to beagendadfor Council or Board of Adjustment consideration,
provided however, that if the applicant consents in writing, the
Board may take such additional time an consented to by saidappll-
cant.
2. Case No. 2., etc.
(same as Cane No. 1.)
V. Work Session
If there are no Special Zoning Requests on the
a,,enda, the meeting shall consist entirely of a Mork Session an
outlined below:
A. Description of Item by Chairman
B. Discussion of Item by all members and
ex- officio members of the Board
C. Opening of Floor for i8otlon if formal action
is required
VI. Additional Items on ,:i;cndL
Additional Items of business may be added to the
x _,enda by a duly made and seconded Motion which received a majority
:etc of those present. These additional Items shall follow the
same procedure outlined above.
VII. . ^,djourni.ent
SECTION 13. Method of Voting. Voting on all matters shrill
be by snow of hands. The vote on Special Zoning Request cases shall
be as outlined in PuragruphIV above. The vote on all matters shall
follow the discussion of a properly made and seconded Motion.
SECTION 14. Tne Board's secretary shall transmit a copy
of the 1.11nutes of all meetings to all members of the Board, the
- ,�oning and Planning Councilman and or,- offlclo members of the Board
within 24 hours of the meetin,;.
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SECTION 15. The Board shall keep minutes of its proceed-
Ingo. The minutes shall be reviewed and signed by the Chairman
or in his absence, the Vice- Chairman. All actions by the Board
requiring a vote shall be briefly summarized stating the Board's
reasoning and philosophy relating to the specific matter.
SECTION 16. The Board shall hear all requests properly
submitted according to the rules and procedures as hereby adopted
and attend to other duties as specified by the Charter and ord-
inances of the City.
SECTION 17. Attendance and voting records, Minutes of
meetings, a complete file of all posted agenda, action of the
Board, all requests, Special 'Zoning Action Request Forma, notices,
answers to notices, correa ondence, registered mall receipts, proof
of publication, plans nad or sketches, records of date, and any
other information or records relating to the activities of the
Board shall be filed as a part of the records of the Board.
.SECTION 16. Attendance: Members of the Board shall not
miss a Regular or Special Meeting without the advance permission
of the Chairman of the Zoning and Planning Board. The Chairman
of the Board shall not excuse a member from attending a Regular,
or Special meeting without Just and sufficient cause. Such
cause shall be related to the other members at the meeting where
said Member is absent and made a part of the Minutes of said
meeting.
SECTION 19. Conduct: The Chairman of the Board shall
report any misconduct in office or neglect of duty by its members
to the Councilman In charge of Zoning and Planning, who shall
report same to the City. Council. Misconduct shall Include the
acceptance of gifts, gratuities, or service intended to influence
the memberla consideration, vote or action upon any Zoning action.
Neglect of duty shall Include unauthorized absenteeism of two
consecutive Regular meetings, and failure to divulge any pecuniary
interest in any matter pending before it. Should any Board member
have a pecuniary interest In any matter pending before it, he shall
divulge his interest to the Board and abstain from voting.
SECTION 20. All requests for a Special Exception,
Conditional Use, Variance or Re- Zoning shall be submitted in
duplicate to the Chairman of the Board on the standard form entitled
"SpeclalZoning Action Request Form ", a copy of which is attached
hereto as Appendix "A" and made a part of this ordinance.
SECTION 21. All actions of the Board and the Board's
secretary shall be in conformance to and as prescribed by the
Charter and Ordinances or amendments thereto, of the City.
SECTION 22. Requests for Special Exceptions, Conditional
Use, variance or Re- Zonini; shall be limited to one application
per plot or building carrying an Identical request per year.
SECTION 23. Each applicant filing a Special Zoning Action
Request Form with the Board under the provisions described herein
shall pay to the city $25-00 to defray the City's expenses in
processing and advertising the said application. Said advertis-
ing shall provide proof of public notice by clippim* of such
notice advertising the public hearing at least ten �10) days prior
to the said public. hearing. Said advertising must appear at least
one day In a newspaper that has enjoyed local circulation In the
City of Cape Canaveral for a minimum period of one year.
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SECTION 24. Proof that written notice has been given to
all .property owners of record within 500 feet of the plot or lot
in question must be furnished to the Board at the time of filing
the Special Zoning Action Request Form. Sall notice must have
been furnished to the above property owners at least ten (10) days
prior to the public hearing. An additional fee of $35.00 will be
charged by the City if the applicant desires the City to make a
search of the land owners and duly notify them in accordance with
with this provision.
SECTION 25. Regular meetings are established in Section 3
herein; however, should any applicant wish to have a Special
(fleeting of the Board called for the applicant's convenience, an
additional fee of $50.00 will be charged by the City to defray
expenses of the special session.
SECTION 26. This Ordinance shall take effect immediately
upon its adoption.
SECTION 27. Section No. 5 of Ordinance No. 18 -63 is hereby
repealed and Ordinance No. 22-65 is hereby repealed in its entirety.
A OPTED by the�6�it� Council of the City of Cape Canaveral
on the .day of ((- 2�..c[. , 1965, as amended.
mayor
,TTEST:
City e C
MICROFILMED • CASE o.
3.13.80
Al
-0---171') B
REQUEST FOR SPECIAL ZO?i2'.i3 ACTION CLOSnD TH
CITY OF CAPE CANAVERAL
CAPE CANAVERAL, FLA.
BASIC FEE $25.00
NOTIFICATION BY CITY $35.00
SPECIAL HEARINGS $50-00
PART A.
(The Applicant must execute this form in duplicate completing all
applicable space of Part A. All attachments must also be furnished
in duplicate.)
A previous application for the intended usage and specific property
covered by this form ( p was filed with the City on
( 0 has not been filed with the City prior tothis t me. )
1. 0WNER OF RECORD (As of the opening Date of this form)
ADDRESS CITY
2. LEW L DESCRIPTION
Section No. Township Range
Size of Area covered by this request
Also known as (give street address or highway address)
3. I1 ?ROV ': P' 9 TO PROPERTY
a. y Plot Plan or Sketch drawn to scale showt _ in eastinS
andp. ^oposed roads and .,treats, property bound -rtes, place-
ment on property of all proposed and existing buildin;,s.
:.".ark this attachment "Attachment No. 1" and check
.his block signifying satisfactory completion of
this requirement .
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b. attach builder's plans of sketck to scale, of building floor
plans and elevations.
ark this attachment "Attachment No. 2" and cheek
this block signifylnG satisfactory completion of
this requirement
4. NOTIFICATION OF ADJOII•]INC PROPERTY O:dhnRS:
You may elect to notify adjacent property owners within 500'
of the property in question or you may elect to have the City
notify these adjacent property owners for you at an additional
fee of $35.00
If you elect to notify adjacent property owners, Section A5 below
must be complied with. Indicate your choice here:
I 1•:111 notify adjacent property owners in accordance
with Section A5 below.
Q I hereby request the City to advertise and notify the
adjacent property owners for which an additiena'_ fee of
$35.00 is included herewith. (Section A5 ' +T-' -1 not be
completed by applicant under this option.)
5. PROOF OF NOTIFICATION:
If you elect to notify all property oi•:ners of record within
5C0' of the property covered by this request, you must accom-
plish the following:
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prepare a list of all property owners of record ••it i
5001 of all boundaries of the property covered by this
application.
b. Send a registered letter, return receipt requested to
each property owner stating in detail the location of
your property and describing the intended use. (L> samples
of notification letters may be obtained from BulldinZ
Official for guidance.) These letters must be received
by property owners at least 10 days prior to .scheduled
public hearing.
c. Attach above described list and return receipts marking
same "Attachment No. 3" and check this block. C1 .
6. SPECIAL °SANDLIM,
If you desire, a special meetin;; of the Zoning and Planning
Board :rill be called for the purpose of conducting a public
hearin;; in this case and recommending a course of action, to
City Council or Board of Adjustment. This special mcat_r.Z
°111 be called at the earliest reasonable time after the
10 day minimum advance notice required under Section A5 above.
An additional fee of $50.00 is required to help defray c4pense
of this special meeting.
you desire this special meeting, check this block
7. PRO =ER7Z 0 ::1ir'D BY OTHZR THAN P,PPLICLi'.T
the property covered by this request is owned by person
or persons other than applicant of this request, a si,:nca
letter from the owner of record must be attached 'hereto.
T:nis letter trust state that the owner is aware of t-.in
request for Special ZoninZ Action and has no objection to
the intended usage.
b. if the applicant is the owner, please check here L..1
c. If the applicant is not the owner, attach letter from o•wncr
outlined above, mark letter "Attachment 2:0. 5" and cho.k
this block signifying satisfactory completion of this
action C1 .
c.
0=171CATE
e unaerci,:ncd understands that this application must be
cmplete and accurate before action by the City of Cape Canaveral
can be initiated.
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cow"Tv-
whose address is
and telephone ::umber
is bein3 first duly sworn, depose and say
that
(Chec'.c One)
am the 0-;mer of record of the property covered by this
request.
Cj Z a, the Lessee of the property covered by this request
and have approval for this request from the 0,aner.
I am the JcZal representative of the (Owner) (Lessee)
an that 1-11 information provided by me either on this form or
,:tacked hereto and made a part of this form is honest, accurate,
true to the best of my knowledGe and belief.
S:orn and subscribed before :rte this day of
-yam
MICROFILMED
P-'.-:!T B. ACTIO:! BUILD1113 OFFICIAL
1. ?.,,sort ?one Classification is
2. Type of action required:
Variance
Re"onin,- to Classification
Conditional Use.
Special Exception.
Other (Describe)___
3. rae Received:
ri Basic Go
LI Notification by City 35 C.')
cj Special Lndlln;; 150-CO
T3TAL FEE REC-"-TVFD
4. No-.--ication has been accomplished by the
r? Applfcant ED City (See ittacn,-.r-nt :To.
`vc!vtl�c.nc:nt waz r.,.ada on in (see "tt--chmun.t 7:0.
6. on C7 roLXIa
r C3 Special of
anal PlanninO Board for
? Cooks of thi. form cove in this case have been du,,)!!�Lto an-
to a-'1 rmberz of zno Zonin, and Plann!-- Boura ana t:la
and Plannin, Board Councilman on 19
SIGN'ED
LU L -;,j
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3.13-80
1-11 AND PL..::NIN�;
1. D--tc r- MOcze-�11Z
constituten M Birgit Action Action
LoninZ; and Plannin,, Board on thiz aPPli7CU—,-O-1-
arjn, waz not conducted at thin
. T .
-tion obtained and a -'-i-t of LI-1-1 L- "u
o- �hc� infonm-
,;::.o !,.o:.,2d is attached ,jercto a6 Attacnmcnt tTo. 6.
cellboratod on with the folluain[; action cb=�-*r-oa:
C3 neii
.0 Board of Adjustmont/City cou r�.co. --
;,F?:,IOV;',L with colments ac outlined below.
to Board of ;,djuatment/City Council :-eco=c-na-
D-SAPEiGVAL with co=,.cnts a2 outlined below.
until for additional zzu'Y by Z'-O
"o ;" -n:, "nd
7 L; Ze a—, a. 1,,cazons for arc..
,�Ivc:n bulo.i.
SIC"=
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7 D. ;.CTION B'-✓ BOARD OF I DJUST'•T "T /CS"Y COU" C -L
1. C-0 __accd on work shoo agenda for 1� -
_rltial
Cace rorlc -:pop neeting on -,g
�. Cuce : _..ced on agenda for 19_ meeting Ini`i,`-
4. =;e refer_'ed bac!< to Zonin„ and plannin3 Board without action
fa' auditicnal inforaation as follo:va:
5. Case acted coon at 19_ raeet1w, of the City
Council/Board of ,;c,7ustr..ent as :ol o:a
E' Re:lucst ,Approved.
0 Request Denied.
L Recue ^t rctu:• cd to ZoninZ and i
Plannn
._oral info: _ti a n (a .. Boar" for
uo-
C, lieque.at tabled until 1j_ . ^..c C,:-'nz fO�
LJditiOn.._ study
SIG. �D
D;TS
M I CROF I WED
3-13-80
3:11rl1nr, official)
cant notified of official action by the mailin„ of dupllcatu
ccpy of this Rcquost complete with all attachments on
2.
Official copy filed in Zoning and Planning Board flicz on
mo0,-; clozad on by
for.,., praparod under applicable portions of Ordinance-- No. 81-64
Cn4
as .--EZ'
z form ref- red to in Ordinance No. the wUL T
_0. .,._Cl?. ZCN-I:Z3 ACTION form.
So.--:...may be L.mended as required by reco=endation from the
Zor.'- r n Plianni.-.Z Board and approved at one rc.,;-.d-'nz by City
A ----mncnt log of all cases ;,hall be kept by the ZonlnL; and Plann!.n:;
zec�,ctary. This lo-- will indicate the foUo,,-.,!nZ:
�. Ca6e No.
u . Uza;;c.
c. G:erad Open"'.
Dy.
D-�c CICSed.
clol;cd By
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