HomeMy WebLinkAboutOrdinance No. 12-2015 ORDINANCE NO. 12-2015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING SECTION 110-381 OF THE CITY CODE TO ALLOW
CRAFT DISTILLERIES IN THE C-2 ZONING DISTRICT;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY,
INCORPORATION INTO THE CODE, 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, on June 12, 2013 the Governor signed HB 347 which created a new category
for"craft distilleries"which produce 75,000 or fewer gallons of distilled spirits per year; and
WHEREAS, due to this and other regulatory easing, the number of craft distelleries, also
commonly known as microdistilleries, is growing throughout the State of Florida; and
WHEREAS, due to the City's proximity to Port Canaveral and the number of tourists that
are visiting the City on an annual basis, provisions must be put in place to provide appropriate
locations for this and other similar tourist related uses; and
WHEREAS, the City Council of the City of Cape Canaveral finds that in order to
encourage the location of these facilities, the City Code must be amended to provide for
appropriate zoning categories for craft or microdistilleries; 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 amendment 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
City of Cape Canaveral
Ordinance No. 12-2015
Page 1 of 3
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. 110-381. Principal uses and structures.
In the C-2 commercial/manufacturing district, the following uses and structures are
permitted:
* * *
(13) Craft distilleries, as defined by section 565.03, Florida Statutes, subject to the
following:
a. Onsite production of distilled spirits shall not exceed 75,000 gallons on an
annual basis; and
b. Tasting rooms and/or retail shops associated with the distillery shall be
permitted but shall not exceed 50 percent of the total square footage of the
operation; and
c. No alcohol consumption, other than that associated with the tasting room, shall
be permitted on-site; and
d. No by-product of the distilling operation shall be discharged into the City's
wastewater system, unless it is properly pre-treated as approved by the City; and
e. All materials and supplies related to the distillery operation shall be stored in an
enclosed structure.
* * *
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of
this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
City of Cape Canaveral
Ordinance No. 12-2015
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g. Service stations shall not be erected or located within 2,000 feet of the
* * *
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive,procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
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 17`h day of
November, 2015. '�.,
rte`
. -,, . Clit, CN(No\(13•Riv-04294-
--' L :.y., Rocky Randels, Mayor
•
ATTEST:'� •.
. . .. '`= For Against
i, ........
�►�O�D� lv Vs"'' 9 John Bond X
1't/l a,, j�-
AN LA APPER Bob Hoog Mor-inn
City Clerk, MMC
1st Legal Ad published: 10/13/15 Buzz Petsos X
1st Reading: 10/20/15
2nd Legal Ad published: 11/5/15 Rocky Randels X
2nd Reading: 11/17/2015
Betty Walsh Second
Approved as to legal form and sufficiency
for the , %f Cape Canaveral only by:
• NTHONY • . GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 11 -2015
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