HomeMy WebLinkAboutOrdinance No. 04-2017 ORDINANCE NO. 04-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
ESTABLISHING MINIMUM DIMENSIONS FOR
AUTOMOBILE PARKING SPACES WITHIN THE CITY;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITY, INCORPORATION INTO THE CITY
CODE 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, currently, the City Code provides only that automobile parking spaces shall
have a minimum paved area of 200 square feet, without establishing minimum dimensions for
such parking spaces; and
WHEREAS,the City Council of Cape Canaveral desires to establish minimum dimensions
for automobile parking spaces within the City to ensure future parking spaces are consistent in size
throughout the City and large enough to accommodate average-sized automobiles; and
WHEREAS, the City's Planning and Zoning Board recommended approval of this
Ordinance at its February 22, 2017 regular meeting; 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.
NOW,THEREFORE,BE IT ENACTED 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 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. 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
City of Cape Canaveral
Ordinance No.04-2017
Page 1 of 4
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:
Parking space, offstreet, consists of a minimum paved area of 200 180 square feet for
parking an automobile, exclusive of access drives or aisles thereto. The minimum dimensions of
each offstreet parking space shall be as set forth in section 110-494.
* * *
ARTICLE VIII —RESIDENTIAL PLANNED UNIT DEVELOPMENTS
* * *
DIVISION 3.—LAND USE REGULATIONS
* * *
Sec. 110-442.- Offstreet parking.
In a residential planned unit development, offstreet parking shall be provided as follows:
(1) For primary residential uses, a minimum of three parking spaces per dwelling unit
shall be provided, unless a reduction in parking is specifically authorized by the city council as
recommended by the planning and zoning board. Each space must contain at least 200180 square
feet of area, shall conform to offstreet parking dimensional requirements as set forth in section
110-494, and shall be convenient to residential use. Parking areas shall not be separated from
associated structures by any public right-of-way. Parking areas shall be landscaped in accordance
with section 110-567.
* * *
ARTICLE IX.—SUPPLEMENTARY DISTRICT REGULATIONS
* * *
DIVISION 2.—OFFSTREET PARKING
* * *
Sec. 110-494. — Dimensions.
Offstreet parking spaces shall consist of a minimum paved area of 180 square feet for
parking an automobile, exclusive of access drives or aisles thereto. The minimum width of each
space shall be 10 feet and minimum length shall be 18 feet.
City of Cape Canaveral
Ordinance No.04-2017
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ARTICLE X.—AlA ECONOMIC OPPORTUNITY OVERLAY DISTRICT
* * *
DIVISION 5.—PARKING
* * *
Sec. 110-671.—Dimensions.
Each space must contain at least 180 square feet of area and shall conform to offstreet
parking dimensional requirements as set forth in section 110-494.
* * *
Section 3. Code Amendment. Chapter 80 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 80. It is intended that the text in Chapter 80 denoted by the asterisks and set forth in
this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
Chapter 80 Vehicles for Hire
* * *
ARTICLE IV.—REGULATIONS
* * *
Sec. 80-82.—Stands,depots, terminals and parking.
(a) Each owner or holder of a certificate of public convenience and necessity shall provide a
stand, depot or terminal at his place of business for off-street parking or garage space of
sufficient size to accommodate each vehicle authorized by such certificate. For the purpose
of this section, 299 180 square feet of lot or floor area meeting dimensional requirements
as set forth in section 110-494,together with approved means of ingress and egress thereto,
shall be deemed to be a minimum parking area or garage space for one vehicle.
* * *
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.
City of Cape Canaveral
Ordinance No.04-2017
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Section 5. 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 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 Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day
of April, 2017.
411`Fc, LA1Vny`Ar4;►►,,
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1 '' , r `_ Bob Hoog,Mayor
ATTEST: . For Against
Lf `cij;;;.,,0 gr. .`
L%%/� 7. Mike Brown x
Mia Goforth, CMC Robert Hoog x
City Clerk
Brendan McMillin Motion
First Reading: March 21,2017
Advertisement: April 6,2017 Rocky Randels g
Second Reading: April 18,2017
Betty Walsh Second
Approve, as to legal form and sufficiency
for the/ ii of Cape Canaveral only by:
410014)
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No.04-2017
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