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HomeMy WebLinkAboutOrdinance No. 11-2015 ORDINANCE NO. 11-2015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREYARD COUNTY, FLORIDA; AMENDING SECTIONS 110-334, 110-352 AND 110-381 OF THE CITY CODE REGARDING AUTOMOTIVE SERVICE STATIONS; PERMITTING AUTOMOTIVE SERVICE STATIONS IN THE M-1 ZONING DISTRICT; PROHIBITING AUTOMOTIVE SERVICE STATIONS IN THE C-1 AND C-2 ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City of Cape Canaveral is a City encompassing approximately 1.9 square miles and is surrounded on the East by the Atlantic Ocean and on the West by the Banana River Aquatic Preserve; and WHEREAS, due to the compact geographical area comprising the City limits, multiple land uses are co-located which would in larger areas be set further apart; and WHEREAS, due to the location of residential neighborhoods throughout the City, careful planning as to the location of certain non-residential uses is desirable to protect both the non- residential use as well as the residential character of the neighborhoods and residential uses within the City; and WHEREAS, the City Council of the City of Cape Canaveral finds that due to the natural incompatibility between gas filling stations and residences due to the noise, odors, and substantial traffic generation caused by the filling station use, that it is appropriate to put in place certain protections which will protect and preserve the residential character of any property zoned residential but abutting a filling station; and WHEREAS, the City Council finds that limiting the number of fueling stations at any filling station facility in the City, due to the close proximity of residential uses to any such proposed filling station facility would further the City of Cape Canaveral's Comprehensive Plan Future Land Use Goal LU-1 which provides that the overall goal for the City is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to ensure general compatibility among the land uses; and WHEREAS, the City Council further finds that the proposed amendments are consistent with the City of Cape Canaveral's Comprehensive Plan Future Land Use Objective LU-1.3, which provides that the City will work toward the elimination or reduction of uses inconsistent with the community's character and future land uses, and with Policy LU-1.3.2 which provides that the City will require new development to be compatible with adjacent land uses; and City of Cape Canaveral Ordinance No. 11 -2015 Page 1 of 8 WHEREAS, the City Council has determined that the current regulations regarding the location of gasoline pumps and storage facilities are in need of modification and revisions related to their location within the City,number and location in proximity to certain other uses; and WHEREAS, the Planning and Zoning Board has reviewed these proposed amendments at a duly noticed public hearing held on October 7, 2015, and said Board has recommended approval of the amendments to the City Code; and WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Chapter 110, Article VII. Chapter 110, Article VII, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 110, Article VII. It is intended that the text in Chapter 110, Article VII denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Chapter 110 Zoning * * * Sec. 110-334. Special exceptions permissible by board of adjustment. * * * (3) Automotive service stations that were lawfully approved and permitted by the City pursuant to a special exception prior to the effective date of Ord. No. 11-2015 [November 17, 20151 shall be considered a lawful, conforming use subject to all applicable conditions and requirements imposed by the City when said use was previously permitted. In addition, such automotive service stations may be modified to allow no more than ten (10) fueling stations (where one vehicle can be accommodated for refueling) within any one filling station property or location, whether said filling station is located on one lot or comprises more than one lot. An automotive service station may be modified to allow up to sixteen (16) fueling stations on a single lot of at least one acre with at least two- hundred and seventy-five feet of single street frontage. City of Cape Canaveral Ordinance No. 11 -2015 Page 2 of 8 Any request for a modification to such special exception is subject to Chapter 110, Article II Division 4, City Code, and all other applicable provisions of the City Code. _„ . .•- . . a. All setbacks shall be no less than 25 feet from any portion of the building, b. Underground storage is required for all receptacles for combustible materials in excess of 55 gallons. Such storage shall comply with all Environmental c. The accumulation and storage of waste petroleum products is forbidden, d. Curb cuts shall be made in accordance with section 110 193. c. No service stations shall be erected or located within 150 feet of the property line of any church, hospital, school or park. f. A visual screen, meeting the specifications of section 110 566, shall be g. Services and sales permissible include only the following: 1. Spark plugs, batteries, distributor parts, ignition system parts, vehicle wiring and the like. 2. Exhaust system components, engine cooling components, automotive air lighting system components, radios, steering assembly parts, fuel system 3. Tire servicing and repair, but not recapping. 5. Greasing, oil changes and other lubrication. for service station customers. 7. Road maps, informational materials, restroom facilities. S. Truck and trailer rentals. h. Vehicles shall not be parked outside the building for more than four days, such four days to be considered as an accumulated parking time, whether consecutive or accumulated. i. Uses permissible at a service station do not include body work, straightening of body parts, painting, welding (other than minor repairs), storage of fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a body shop. City of Cape Canaveral Ordinance No. 11 -2015 Page 3 of 8 j. Automotive parts, new or used, shall not be stored outside. k. Vehicles are not to be dismantled or scrapped for parts. 1. Engine and transmission overhaul may be performed only inside the service bays. m. A minimum of two enclosed service bays and a customer waiting area must be n. A minimum building size of 2,000 square feet shall be provided. o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement. P. Landscaping shall conform to section 110 566. q. Service stations shall not be erected or located within 2,000 feet of the Sec. 110-352. Principal uses and structures. * * * (12) Automotive services stations, subject to the following: a. All setbacks shall be no less than 25 feet from any portion of the building, including pump island, but in no case shall a lot have less than 100 feet of street frontage. b. Underground storage is required for all receptacles for combustible materials in excess of 55 gallons. Such storage shall comply with all Environmental Protection Agency standards. c. The accumulation and storage of waste petroleum products is forbidden, unless in compliance with Environmental Protection Agency standards. d. Curb cuts shall be made in accordance with section 110-493. e. No service stations shall be erected or located within 150 feet of the property line of any church, hospital, school or park. f. No main accessory building, and no gasoline pump shall be located within 25 feet of the lot line of a property that is residentially zoned. A finished concrete wall of at least 8 feet in height shall be provided along any property line abutting a residential district or residential use. City of Cape Canaveral Ordinance No. 11 -2015 Page4of8 g. Primary services and sales permissible include fueling stations and electric charging stations, and include only the following accessory uses: 1. Tire servicing and repair,but not recapping. 2. Car wash services. 3. Oil changes and other engine lubrication. 4. Sale of convenience goods for service station customers. 5. Restroom facilities. 6. Accessory fast food services without a drive-through. 7. Truck and trailer rentals. h. Vehicles shall not be parked outside the building for more than four days, such four days to be considered as an accumulated parking time, whether consecutive or accumulated. i. Uses permissible at a service station do not include body work, straightening of body parts, painting, welding (other than minor repairs), storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a body shop. j. Automotive parts,new or used, shall not be stored outside. k. Vehicles are not to be dismantled or scrapped for parts. 1. Engine and transmission overhaul may be performed only inside the service bays. m. A minimum of two enclosed service bays and a customer waiting area must be provided if maintenance and repairs are a part of the business. n. A minimum building size of 2,000 square feet shall be provided. o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement. P. Landscaping shall conform to section 110-566. q. A minimum distance of 2,500 feet by shortest airline measurement shall be maintained between the nearest point of a lot or lots used for filling stations or automotive stations. r. Lighting on a service station shall be so designed and installed so as to prevent glare or excessive light on adjacent property. No source of illumination shall be allowed if such source of illumination would be visible from a residentially-zoned district to the extent that it interferes with the residential use of that area. City of Cape Canaveral Ordinance No. 11 -2015 Page 5 of 8 s. No gasoline pump shall be located within 25 feet of a street right-of-way line. t. There shall be no more than ten (10) fueling positions (where one vehicle can be accommodated for refueling) within any one filling station property or location, whether said filling station is located on one lot or comprises more than one lot. However, up to sixteen (16) fueling stations may be permitted on a single lot of at least one acre with at least two-hundred and seventy-five feet of single street frontage. * * * Sec. 110-381. Principal uses and structures. * * * (11) Automotive service stations that were lawfully approved and permitted by the City pursuant to a special exception prior to the effective date of Ord. No. 11-2015 [November 17, 20151 shall be considered a lawful, conforming use subject to all applicable conditions and requirements imposed by the City when said use was previously permitted. In addition, such automotive service stations may be modified to allow no more than ten (10) fueling stations (where one vehicle can be accommodated for refueling) within any one filling station property or location, whether said filling station is located on one lot or comprises more than one lot. An automotive service station may be modified to allow up to sixteen (16) fueling stations on a single lot of at least one acre with at least two- hundred and seventy-five feet of single street frontage. Any request for a modification to such special exception is subject to Chapter 110, Article II Division 4, City Code, and all other applicable provisions of the City Code. a. All setbacks shall be no less than 25 feet from any portion of the building, b. Underground storage is required for all receptacles for combustible materials c. The accumulation and storage of waste petroleum products is forbidden, d. Curb cuts shall be made in accordance with section 110 193. c. No service stations shall be erected or located within 150 feet of the property City of Cape Canaveral Ordinance No. 11 -2015 Page 6 of 8 f. A visual screen, meeting the specifications of section 110 566, shall be use. g. Services and sales permissible include only the following: 1. Spark plugs, batteries, distributor parts, ignition system parts, vehicle and the l:ko conditioning system components, braking system components, vehicle lighting system components, radios, steering assembly parts, fuel system 3. Tire servicing and repair, but not recapping. 5. Greasing, oil changes and other lubrication. for service station customers. 7. Road maps, informational materials, restroom facilities. S. Truck and trailer rentals. h. Vehicles shall not be parked outside the building for more than four days, such four days to be considered as an accumulated parking time, whether consecutive or accumulated. i. Uses permissible at a service station do not include body work, straightening of body parts, painting, welding (other than minor repairs), storage of fumes, smoke or other characteristics to an extent greater than normally found j. Automotive parts, new or used, shall not be stored outside. k. Vehicles are not to be dismantled or scrapped for parts. 1. Engine and transmission overhaul may be performed only inside the scrise bays. m. A minimum of two enclosed service bays and a customer waiting arca must be n. A minimum building size of 2,000 square feet shall be provided. o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement. P. Landscaping shall conform to section 110 566. City of Cape Canaveral Ordinance No. 11 -2015 Page 7 of 8 Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this l7Th day of November , 2015. c?-0aI Rocky Randels, Mayor ATTEST: For Against nil John Bond Second AN ELA APPE ON, Bob Hoog x . r City Clerk ^ '� Buzz Petsos • . Motion --- A 1 Rocky Randels x Betty Walsh x "4414 COD # U T R t Appro -• . to legal form and sufficiency fo :'- of Cape Canaveral only by: ANTHONY A.GARGANESE, City Attorney 1st Legal Ad published: October 13,2015 First Reading:October 20,2015 2nd Legal Ad published:November 5, 2015 Second Reading:November 17,2015 City of Cape Canaveral Ordinance No. 12-2015 Page 3 of 3