HomeMy WebLinkAboutP&Z Agenda Pkt. 2-8-2012NEW BUSINESS:
City of Cape CanaverA
Community Development Department
PLANNING & ZONING BOARD
REGULAR MEETING
:1E CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
FEBRUARY 8, 2012
7:00 P.M.
F.l,TeTdI "IT,
1. Approval of Meeting Minutes: January 11, 2012
2. Recommendation Re: Proposed Ordinance Regarding Restaurants that
Serve Alcohol.
3. Discussion Re: Donation Bins.
1
4. Election of Chairperson and Vice Chairperson.
OPEN DISCUSSION:
ADJOURNMENT:
Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person
decides to appeal any decision made by the Planning and Zoning Board with respect to any
matter rendered at this meeting, that person will need a record of the proceedings, and for
such purpose that person may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be
based. This notice does not constitute consent by the City for the introduction or admission
into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges
or appeals not otherwise allowed by law. This meeting may include the attendance of one or
more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement
and/or Community Appearance Board who may or may not participate in Board discussions
held at this public meeting. Persons with disabilities needing assistance to participate in any of
these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of
the meeting.
7.510 N. Atlantic Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Building & Code Enforcement: (321) 868-1222 - Planning & Development (321) 868-1206 - Fax & Inspection: (321) 868-1247
www.cicyofcapecanaveral.org - email: ccapecanaveral@cfl.ri-.coni
PLANNING & ZONING BOARD
MEETING MINUTES
JANUARY 11, 2012
A Regular Meeting of the Planning & Zoning Board was held on Wednesday, January 11, 2012,
at the City Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Lamar Russell,
Chairperson, called the meeting to Order at 7:00 p.m. The Secretary called the roll.
MEMBERS PRESENT
Lamar Russell
Harry Pearson
Donald Dunn
John Fredrickson
Ron Friedman
OTHERS PRESENT
Susan Chapman
Kate Latorre
Barry Brown
NEW BUSINESS
Chairperson
Vice Chairperson
1 st Alternate
Secretary
Assistant City Attorney
Planning & Development Director
Approval of Meeting Minutes: December 14, 2011.
Motion by Harry Pearson, seconded by Donald Dunn to approve the meeting minutes of
December 14, 2011, as written. Vote on the motion carried unanimously.
NEW BUSINESS
Recommendation Re: Proposed Ordinance Regarding Restaurants that Serve Alcohol.
Barry Brown, Planning & Development Director, summarized the discussion held at the last two
meetings pertaining to proposed revisions to the Code for restaurants that serve alcohol.
Following discussion at the last meeting, the Board directed Staff to: 1) perform additional
research of other cities requirements, specifically: Rockledge, Titusville, Palm Bay, and
Melbourne Beach; 2) verify with the fire department calculation for restaurant seating vs.
occupancy load; 3) return to the Board with a proposed ordinance for further consideration.
The Board members reviewed and discussed the additional research results. Barry Brown
pointed out that the research results supported the proposed changes to the City's code.
Barry Brown reported that the fire department uses a formula to calculate maximum occupancy,
based on the type of use and floor area.
The Board members reviewed the proposed draft ordinance. Discussion was focused on the
proposed wording in Section 110-171 (a), pertaining to the list of establishments which
dispense, sell, serve, store or permit consumption of alcoholic beverages. Following a lengthy
discussion, the Board agreed that Staff should revise the wording in that Section; and then bring
the proposed ordinance back to the Board for further consideration.
By a majority consensus, with Harry Pearson voting against, the Board was in favor of removing
the requirement for a special exception for restaurants, hotels and motels to serve alcohol.
Planning & Zoning Board
Meeting Minutes
January 11, 2012
Page 2 of 2
OPEN DISCUSSION
Barry Brown announced that an Economic Development Open House will be held on Tuesday,
February 21, 2012, at the Public Library meeting room, for citizen input on community
development, A1A Overlay, and Brownfields.
Harry Pearson, advisory member, Brevard County Transportation Planning Organization (TPO),
reported on plans to restore passenger service on the East Coast Railroad. Construction on
this $118 million dollar project is scheduled to begin on July 13, 2013.
Ron Friedman announced that he will be out of town on the first two weeks in February.
There were no comments from the audience.
OPEN DISCUSSION:
Motion by Ron Friedman, seconded by Donald Dunn to adjourn the meeting at 8:18 p.m.
Approved on this day of , 2011.
Lamar Russell, Chairperson
Susan L. Chapman, Secretary
MEMORANDUM
Date: February 3, 2012
To: Planning and Zoning Board members
From: Barry Brown, Planning and Development Director
RE: February 8, 2012 P&Z Board Meeting
At the last meeting there was general consensus in support of the following changes to
the Code regarding regulation of establishments that sell or serve alcohol.
1. Revise requirements for restaurants that serve alcohol — 1) remove requirement for a
Special Exception for restaurants that serve alcohol, 2) remove requirements for a
minimum separation distance, 3) eliminate the minimum seating requirement, and 4)
eliminate the requirement for a minimum building area of 2000sf.
2. Revise definition for restaurant.
1) Revise definition for restaurant to include language requiring that 51% of sales are
from food and non-alcoholic beverages, and
3. Revise requirements for Special Exception Application — Staff proposes that the
requirement for a vicinity map per Sec. 110-171(a)(5)a be deleted. This requirement is
onerous for the applicant and is information that more easily prepared in house and
provided to the P&Z by Staff.
In addition to the above changes, the P&Z Board discussed elimination of the 300 ft.
separation from a church, school, or playground as it applies to establishments that sell
alcohol such as grocery stores, pharmacies, etc. and some establishments that serve
alcohol such as restaurants and hotels.
While there was support for the changes, the revised language as presented in the
ordinance left room for multiple interpretations. Attempts during the meeting to find
appropriate language were not successful, so Staff was charged with "wordsmithing" the
proposed changes and returning with a revised ordinance.
I believe an approach that separates establishments that sell alcoholic beverages for
off -premise consumption from those that allow for on -premise consumption will allow us
to achieve our objectives. Establishments that sell alcoholic beverages for off -premise
consumption will be exempt from requirements for a Special Exception. Establishments
that allow for on -premise consumption will still require a Special Exception with the
exception of restaurants and hotels.
In addition, establishments that sell alcoholic beverages for off-site consumption will be
exempt from the 300ft. separation from churches, schools, and playgrounds. The 300ft.
separation will still apply to establishments that allow for on -premise consumption with
the exception of restaurants, hotels, and chapters or incorporated clubs or veteran's
fraternal organizations conforming to section 565.02(4).
Also, I am proposing we eliminate the requirement for establishments that sell or serve
alcoholic beverages to be setback 300ft. from the mean high-water line of the Atlantic
Ocean and Banana River. This will allow for the realization of the Visioning objective
that envisions "open shorelines and rivers accessible to the public including amenities
that take advantage of the water, such as limited and quaint water -view
establishments". Current zoning will not allow for an establishment that serves alcohol
to locate along the Atlantic Ocean and in only a few locations along the Banana River.
However, when we develop mixed-use zoning and the market supports redevelopment
of waterfront properties we want to be able to accommodate waterfront or water -view
restaurants that serve alcoholic beverages.
A revised ordinance has been included in the packet. Call me at 321 868-1206 with
questions or comments.
We are beginning to see an increase in the number of Donation Bins in the City. It is
probably time for us to develop regulations regarding permitting, location, number, and
nature of Donation Bins in the City. Attached is an ordinance from the City of Cocoa.
We will use this to begin our discussion of this issue.
ORDINANCE NO. -2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 110, ZONING, OF THE CAPE
CANAVERAL CODE OF ORDINANCES RELATED TO
SPECIAL EXCEPTIONS FOR ALCOHOLIC BEVERAGES;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City 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, section 110-171 of the City Code sets forth the operating terms and conditions
under which establishments may dispense, sell, serve, or store alcoholic beverages, or permit
consumption of alcoholic beverages on the premises within the City of Cape Canaveral; and
WHEREAS, the City Council desires to amend certain provisions of the City Code to
exempt restaurants and hotels from the provisions of section 110-171; and
WHEREAS, given the extensive regulation and licensing requirements imposed on such
establishments by the Florida Beverage Laws, the City feels that its strict local regulations should
be somewhat relaxed in order to make Cape Canaveral a more inviting community for new business
prospects; and
WHEREAS, the City's Planning & Zoning Board has analyzed and discussed the City's
ordinances regarding special exceptions for establishments serving alcoholic beverages and
recommends approval of this Ordinance to the City Council; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, 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. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City
City of Cape Canaveral
Ordinance No. _-2012
Page 1 of 7
of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and
strHmat type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of
text existing in Chapter 110. It is intended that the text in Chapter 110 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
ARTICLE I. IN GENERAL
Sec. 110-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Restaurant means any building or structure or portion thereof in which food is prepared and
served for pay to any person not residing on the premises and which, at all times, derives not less
than 51 percent of its gross income from the sale of nonalcoholic beverages and food prepared sold
and consumed on the premises (such percentage shall be determined by calculating the average
monthly gross revenue from the sale of food and nonalcoholic beverages for the immediately
previous 12 -month period).
ARTICLE IV. SPECIAL EXCEPTIONS
DIVISION 2. ALCOHOLIC BEVERAGES
Sec. 110-171. Establishments serving alcoholic beverages.
(a) Establishments which shall require a special exception under this chapter by the
board of adjustment are those, whether or not licensed by the state Department of Business
and Professional Regulation, Division of Alcoholic Beverages and Tobacco, which dispense,
sell, serve, store or permit consumption on the premises of alcoholic beverages, with the
exception of restaurants and hotels. In consideration of a special exception application, the
board of adjustment shall not approve the application unless it is totally consistent with all
the conditions as set forth in this section and also the following:
(1) The establishment shall not be permitted to locate -
City of Cape Canaveral
Ordinance No. _-2012
Page 2 of 7
fA) —Within 300 feet of any existing church, school grounds or
playgrounds nor shall a church, school or playground be permitted to locate
within 300 feet of any existing establishment which dispermes, sells, serves,
stores ar permits the on -premises consumption of alcoholic beverages, with
the exception of restaurants, hotels, and chapters or incorporated clubs or
veteran's fraternal organizations conforming section 565.02(4), Florida
Statutes. The distance shall be measured as the shortest linear distance
between the property line of the establishment which provides or proposes to
provide for the sale and consumption of alcoholic beverages and the property
line of the church, school grounds or playground.
(2) The establishment, if licensed by the state division ofalcoholic beverages and
tobacco to permit on -premises consumption of beverages, shall not be located within
2,000 feet of another licensed establishment. The distance shall be measured as the
shortest linear distance between the property line of the establishment which
proposes to provide for the sale and consumption of alcoholic beverages and the
property line of any establishment which currently provides for the sale and
consumption of alcoholic beverages. Further, the establishment shall be in
compliance with the Florida beverage laws (F.S. chs. 561 through 568). Provided,
however, exceptions to this subsection are:
a. Restaurants=
b. Hotels and motels which are approved in accordance with City Code.
r. 11Ir.11 •1. • 11 /. • 1 • : 1
if
IMI
■t � 1••11: :1 \ 1• � 71
� t 1 •
• ■ ■ .1 ■ 1 7•
■ 1 7 1 . ■ M...
■y.111117/71U!
City of Cape Canaveral
Ordinance No. _-2012
Page 3 of 7
AN
=0-I.
t 11WL-10000
■1
040-1401,
II
t t •
\ 1 t
t .
• t1 • •
• t■
t •If
t
■
1 •
X11 1 • .li
• • \ • t \ • 1
DAL • t
• : 1 I .1 I
- t �1
t 1t ■ •
• t
n • t r 1t
1 .w t 1
41 • •
. ...
In
I
11 . •
■ I :JI
-
•
1 • •
.
• Int•
/ • . I
-
•
-
• I • I�
I ■ 1
• •
/ tl
•
• 1 ■
- ••
MAN
- L"119 • • 1
-
1 . / \ /
1 �• ■ ■1
: 11 1 •I
• / 1 .1 ■ /
• 1t ■ •
./ 111111111 11111 11111n I III I III 111
--
• ■ ■ It orli..Wllvjt•
I
..
•1
• • r
• II
- -
• 1 ►
•'
11 11
■ 111
I • •
•
11 t .'• It - 1f
1 1 . • I •
-
11 • ■ .IIn • • .M.
... -
M. •• • 1 I
• • ■111'. ■ 1 .■
. 1 • • • t •' ■
•• 1 t .
-
.It ■ • 1n t1 • • t
• .11 ■ 1 • • 1 •
-
•1 • 1 •nn
• t •
. • • • •1
t1 I/ • •
I
•' IIt t AI
\ \ ■111
t •Iff ILIA
11 t 1
-
• -
•\ •
' It .1 ■
L ■1 .11
•
-
• 1111
1
-
I • •
- -
• •
i11
1 -41 MolJ
•w •
■ ■ ■ . t •
-
• •
• • • •
•
-
1 11 • ••
-
■r
•
1 1 t . • 1 •
-
1 It 1
.11 • / •
-
• •1 • • IN1•
1 • It
- - - -
Mt • . y 1
.11 •
t
1
• 1 •
•
I II .1/
I 1 I •
111 • •1 t
• J • II
I 1 •
- -
t• 1 1 J•
• • 1
- - --1- -.
• ■ • • l4llk 91 . A
-
1 . I • 1 •
I • IIn . • • • •
• ■111 ■
• 1 • 1 1
r t . •
1 1 I•
1 11 1 11
1 K10K ok • A A A 4t n■1
.
..
■ t • It
.1 • • •
t 11
1 11
11
• 1 `
1 / .11
• • It
■ •
/ t
Ir11 • \1 • `• t
Y
• t • • 1 .
• 1 1 .1
• . t1
MI II ■
■ t • ■
1114 ill 1
1
• I 1 VIA A 1
\ • 1 ■
1 . •J
-
• A • 11111 VIA 11 I VIA 1
■ 111 • •
-
r,1 .1 A•1
• • / • 11
- . .
oil
-
moima�.18 lialomkim".%�-s-
14
111
•■ It
i 1
I I•
r ■11114 1
■ t 1
i•
1
i 1. •. 1
•
t t 1 .1 �
i i X11 1 i
i �1 • i
E. d Chapters or incorporated clubs or veteran's fraternal organizations
conforming to F.S. § 565.02(4).
City of Cape Canaveral
Ordinance No. _-2012
Page 4 of 7
(3) Package retail sales of alcoholic beverages for carryout, except for beer and
wine sales, shall comply with subsections (a)(1); and (a)(4), . and
of this section only.
(4) One parking space shall be provided for each three seats or seating places. All
seats or seating places, whether located within a restaurant area or a bar/lounge area,
will be included in the calculation ofthe required number ofparking spaces. Package
retail sales establishments shall provide parking as determined by the building
official, who shall use the ratios established in article IX of this chapter.
(5) Each application for a special exception shall be accompanied by a vicinity
map, a site plan map and a building floor plan.
f�Y• wwlfIMI
• • 1 • • 111 •lit 11 - 111 1 :MGM `vIv
• 11 / • :A
• • • • 1 • 1 ■ • • • 111 / • • • • . • 11 1 • • •
• • • • • 111 1 11 1 1 • • • 111 • •
- - - - - -
• L • ■1 • 11 .1 1111• •• 111 11 •11 •1 w 1• •
• .11 • 1 • • • • • r� • 11 1 1 • • • 1 • •
i1w1311 t.�.1K4q lvJ 1.
• • 1 • • .1/ ■ • / . • 11 1 ■111 / . I.
TARIP I M 1 .1 4 1111111111 11 • 111 • 1 1 1 : / :1 •/ ■ 11
•j MR I 1 MII kill
a. lr. The site plan map shall be drawn at a scale not less than one inch
equals 100 feet and shall indicate the following information:
1. Location and dimension of the proposed establishment's
property lines, all existing and proposed structures, driveways,
parking spaces and ingress/egress points.
City of Cape Canaveral
Ordinance No. _-2012
Page 5 of 7
2. The following information shall be presented in tabulated
form:
I. Number of parking spaces.
ii. Number of restaurant seats.
iii. Number of bar/lounge seats.
iv. Building area.
V. Lot area.
b. c The building floor plan shall be of a scale appropriate for the
establishment, but in no case shall the scale be less than one-eighth inch
equals one foot and shall detail room layouts and exits to include a depiction
of all seats inside or outside of the building for restaurant and bar/lounge.
(b) Any special exception granted under this section may be temporarily suspended or
absolutely revoked by majority vote of the board of adjustment at a public hearing, when the
board of adjustment has determined by competent substantial evidence that either:
(1) The establishment has obtained the special exception upon false statements,
fraud, deceit, misleading statements, or suppression of material facts;
(2) The establishment has committed substantial violations of the terms and
conditions on which the special exception was granted;
(3) The establishment no longer meets the requirements of this section or the
Florida Beverage Code; or
(4) The management of the establishment knowingly allowed illegal activities to
be conducted on the premises including, but not limited to, possession or sale of
illegal substances, racketeering, prostitution, lewd and lascivious behavior, and
unlawful gambling.
Prior to any special exception being revoked, the establishment shall be provided
with minimum due process including notice of the grounds for revocation and
hearing date, an opportunity to be heard, the right to present evidence, and the right
to cross-examine adverse witnesses.
:1 LWJ V -7W tvVNIre
..
•.711111111.111117.1111111111';• 1l+_ • 7U lt.].I I r t l -f l�i�l7'• 11 \. � 7.1� 171.15 1.!• t91 �'L./ � \.l.�.I.711V 1 A
City of Cape Canaveral
Ordinance No. _-2012
Page 6 of 7
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 day of
12012.
ATTEST:
Rocky Randels, Mayor
For Against
John Bond
ANGELA APPERSON, City Clerk Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. _-2012
Page 7 of 7
I
WHEREAS, the City is granted the authority, under Section 2(b), Article VM, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WEEREAS, large dumpster-like donation bins for clothing and other tangilble personal
property are oftentimes located on various prpperties throughout the City with no regulation or
oversight as to their location or purpose, and
WHEREAS, the City Council believes the City should regulate and monitor the location
and maintenance of donation bins within the City though formal permitting procedures as a
matter of public concern; and
V*MREAS, information regarding the charitable entities receiving the donations should
be available to residents ni�'gdonati6fiito such bn's';"a"n'd
WHEREAS, the City Council of the City of Cocoa, Florida, hereby finds this ordinance
to be in the best interests of the public health, safety, and welfare of the citizens of Cocoa.
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
Cocoa.
City of Cocoa
Ord, No, 20-2011
Page I of 8
06-
Section 2. Coale Amendment. Chapter 14, Offenses and Miscellaneous Provisions,
of the Cocoa Code of Ordinances is hereby amended to create a new Article VII, entitled
"Donation. Bins" as follows:
AR'T'ICLE VII. DONATION BINS
Section 14-167. Intent; Definitions.
(a) Intent. The intent of this Article is to regulate the placementof donation bins
within the City to promote the.health, safety,, and general welfare of citizens of the City.
(b) Definitions. As used in this Article, the following words or phrases shall have the
meaning ascribed to them below unless the context clearly indicates otherwise.
(1) Donation bin Shall mean any unattended container, receptacle or similar
device that is located on any property within the City used for the solicitation and
collection of donations of clothing or other salvageable personal property. This
term does not include recycle bins for the collection of recyclable materials.
(2) Permittee — Shall mean the person or entity in whose name a permit to
operate a donation bin has been issued under the terms and provisions of this
Article.
(3) Permit — Shall mean a. permit issued by the city manager or designee to
operate a donation bin pursuant to this Article.
(4) Solicitation — Shall be as defined by section 496.404, Florida Statutes, as
may be amended.
Sec. 14-168. Permits required.
(a) No person shall place, use or operate a donation bin without obtaining a permit
pursuant to this Article.
(b) Permits shall only -be issued, to charitable organizations, as defined by section
496:404, Florida Statutes, as maybe amended, and consistent with the following:
(1) The charitable organization must receive at least fifty percent (50%) of the
personal property deposited into the bins or, if such property is`processed and sold
by another person or entity that is a for-profit business, the charitable. organization
must receive at least. fifty percent, (50%) of the proceeds from the sale of such
property.
Ordinance No. 20-2011
City of Cocoa
Page 2 of 8
(2) The charitable organization shall provide a local community benefit. by
ensuring that the donated items are sold or distributed within the City of 9X4 as
first preference, or otherwise distributed within Brevard County. permiffies shall
submit a semi-annual report to the city'manager or designee verifying compliance
with this subsection.
(3) No sale or distribution of donated property shall be permitted outside of
Brevard County without approval of the City Council. The City Council shall
consider the following when determining whether to grant such a request:
(A) Whether the permittee has demonstrated a compelling reason why
the donated property cannot be sold or distributed within the City of
C or Brevard County;
(B) The distance outside of Brevard County where the donated items
are to be sold or distributed; and
( C) Any other benefits the permittee provides demonstrating a
commitment to serving the local community.
See. 14-169. Permit application.
(a) An application for a permit shall be made to the city manager or designee on a
form prescribed by the city manager. Such application shall include, at a minimum, all
of the following information:
(1) A map or sketch showing the location where the donation bin will be
situated.
(2) Drawing or manufacturer's specification of the donation bin and
information regarding the size and color of the donation bin.
(3) The name, address and telephone number of the applicant;
(4) The name of the bona fide office of any person or entity which may share
or profit from any clothing or other donations collected via the donation bin, and
the telephone number at which such person or entity can be reached during
normal business hours. For the purposes of this subsection, an answering
machine or service unrelated to the person or entity does not constitute a bona
fide office.
Ordinance No. 20-2011
City of Cocoa
Page 3 of
(5) Written consent from the property owner to place the donation bin on the
property.
(6) A description of the manner in which the applicant anticipates any
clothing or other donations collected via the donation bin will be used, sold, or
dispersed, and the method by which the proceeds derived from the collected
donations will be allocatedorspent.
(b) Within thirty (30) days of receipt of a completed application, the city manager or
designee shall issue a letter to the applicant either approving or denying the permit
application.
See. 14-170. Standards and criteria.
(a) No permit application shall be approved to place, use or employ a donation bin if
it is determined by the city that the placement of the bin could constitute a safety hazard.
Such hazards shall include, but not be limited to, the placement of a donation bin within
fifty (50) yards of any place which stores or sells large quantities of fuel or other
flammable liquids or gases; or the placement of a bin where it interferes with vehicular or
pedestrian circulation.
(b) Donation bins shall be maintained in good condition and appearance with no
structural damage, holes, or visible rust, and shall be free of graffiti.
( c) The permittee shall maintain dr cause to be maintained the area surrounding the
donation bin free of junk, garbage, trash, debris or other refuse material.
(d) The permitteeand property owner shall be individually and severally responsible
for abating and removing all junk, garbage, trash, debris and other refuse material in the
area; surrounding the donation bin within 24 hours of written or verbal notice from the
City.
(e) The permittee and property owner shall be individually and severally responsible
for all costs related to abating and removing any junk, garbage, trash, debris and other
refuse materials from the area surrounding the donation bin.
(f) Donation bins shall only be permitted in non-residential zoning districts.
Donation bins shall comply with accessory structure setbacks. Exterior colors of
donation bins shall be solid, neutral or white in color.
(g) There shall be a limit of one (1) donation bin per property, unless the city
manager or designee grants approval for additional donation bin(s) on such property.
Ordinance No. 20-2011
City of Cocoa
Page 4 of 8
(h) Donation bins shall not be located in the following areas:
(1) Required parking,spaees.
(2) Drive aisles.
(3) Landscaped areas.
Sec. 14-171. Misplay of permit.
The following information shall be clearly and prominently displayed on the exterior of
the donation bin:
.. ...............................
(a) The permit number and date of expiration.
(b) The name of the permittee and the permittee's, logo, trademark or service mark,
local physical address, telephone number, and e-mail address.
( c) Where persons or entities other than the permittee share or profit from:any
clothing or other donations collected via the bin, such information shall" be visible in a
i clear and easily understandable manner, indicating that the donations, the proceeds
therefrom, or both, may be shared, or given entirely to, an entity or persons other than the
permittee. Any entity sharing in the donations or proceeds therefrom shall be identified.
(d) A statement, consistent with the information provided to the City in the most
recent permit application, indicating the manner in which the permittee anticipates any
clothing, or other donations collected will be used, sold, or dispersed, and the method by
which the proceeds of collected donations would be allocated or spent.
(e) The following language asrequiredby section 496.411(3), Florida Statutes:
A COPY OF THE OFFICIAL REGISTRATION AND
FINANCIAL INFORMATION MAY BE OBTAINED FROM
THE DIVISION OF CONSUMER SERVICES BY CALLING
TOLL-FREE WITHIN THE STATE. REGISTRATION DOES
NOT IMPLY ENDORSEMENT, APPROVAL, OR
RECOMMENDATION BY THE STATE.
The statement must include a toll-free number for the state Division of Consumer
Services that can be used to obtain the registration information.
Sec. 14 172. Issuance; forms and conditions of permit.
Ordinance No. 20-2011
City of Cocoa
Page 5 of 8
(a) The permit shall be issued on a form prescribed by the city manager. The permit
shall identify the exactly location of the donation collection bin.
(b) The permit shall not be transferable.
( c) The permit shall be effective for one (1) year, subject to annual renewal.
Sec. 14-173. Permit fee.
An annual permit fee of twenty-five dollars ($25.00) is hereby established. There shall
be no proration for permits less than one (1) year in duration or for permits suspended or
revoked pursuant to this Article.
Sec. 14-174. Denial, revocation or suspension or permit.
The city manager shall have the authority to immediately suspend or revoke a donation
bin permit for the following reasons:
(a) A necessary business permit or state registration has been suspended, revoked or
cancelled.
(b) Failure to correct violations of the city donation bin ordinance or conditions of the
permit within three (3) days of receipt of a Code Enforcement Notice of Violation.
( c) The permittee provided false or misleading information on the application which
was material to the approval of the permit.
Upon suspension or revocation, the city manager or designee shall give notice of such
action to the permittee in writing stating the action which has been taken and the reason
therefore. If the action of the city manager is based on subsection (a) of this section, the
action shall be effective upon permittee's receipt of notice. Otherwise, such action shall
become effective ten (10) days following permittee's receipt of notice, unless such action
is appealed to the city council pursuant to this article. Nothing in this section shall be
construed to otherwise limit the City's police powers.
Sec. 14-175. appeals.
(a) The city manager's decision to suspend or revoke a donation bin permit may be
appealed to the city council. The permittee shall submit a written notice of appeal to the
city clerk within ten (10) days of receipt of the city manager's decision. The city clerk
shall schedule a hearing before the city council within thirty (30) days of receiving said
notice. The city council shall conduct the hearing in substantial conformance with the
Ordinance No. 20-2011
City of Cocoa
Page 6 of 8
suspension and revocation procedure set forth in section 12-10 of this Code related to
local business tax receipts. Any decision of the city council shall be final.
(b) The filing, of a notice of appeal by a permittee shall not stay an order of the city
manager to remove the donation bin. The donation bin shall be removed as required by
the city manager pending disposition of the appeal and final decision of the city council.
Sec. 14.176. Penalties.
(a) Any person who operates or causes to be operated.a donation bin without a valid
permit or any person or permittee in violationofany provision of this article, regardless
of whether the donation bin is permitted under this article, shall be subject to the
following penalties and/or remedies:
(1) Enforcement procedures and penalties provided in Chgpter..6„-iv4sion-2..
of this Code.
(2) pursuant to section 6420-otthis Code, a violation of this Section shall
constitute a class I citation violation ($100.00 civil penalty).
(3) In addition to the penalties and remedies above, the city may institute any
i appropriate action or proceedings, at its sole and absolute discretion, to prevent,
restrain, correct or abate a violation of the donation bin ordinance.
(b) Each day a violation of this Section exists shall constitute a distinct and separate,
offense.
Section 3. Existing Donation Bins. This Ordinance shall apply to existing donation
bins located within the City of Cocoa. The owners or operators of donation bins in existence on
[ADOPTION DATE] shall have sixty (60) days from said date to remove the donation bin or to
obtain apermit consistent with the requirements of this Ordinance.
Section 4. 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 5. incorporation Into Code, This Ordinance shall be incorporated into the
Cocoa 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 maybe freely made.
Ordinance No. 20-2011
City of Cocoa
Page 7 of 8
Section 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cocoa, Florida.
ADOPTED by the City Council of the City of Cocoa, Florida, in a regular meeting
assembled on the 22nd day of November, 2011.
0. i
C. lake,U-r—
Mchaelayor
ATTEST:
4,I��OLA-,cL
J Clark, City Clerk
First Reading: November 8, 2011
Second Reading: November 22, 2011
EffectiveDate: November 22, 2011
Ordinance No. 20-2011
City of Cocoa
Page 8 of 8
IDONA rl,,l ON BINS
REGLIL.,ATION RESEARCH
as-80OW01
Brevard County and ten (10) cities were researched regarding
regulations pertaining to donation bins.
The following Cities were researched:
Rockledge
Cocoa Beach
Cocoa
St. Augustine
Palm Bay
Titusville
Orlando
Naples
Melbourne Beach
Melbourne
Conclusion of Findings: Brevard County does not regulate donatio
bins. The City of Cocoa is the only city of the (10) cities researche
that regulaa
te dontion bins. I