HomeMy WebLinkAboutOrdinance No. 08-2017 ORDINANCE NO. 08-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 98 OF THE CAPE CANAVERAL
LAND DEVELOPMENT CODE RELATING TO
SUBMITTAL, REVIEW PROCEDURES AND CRITERIA
FOR PRELIMINARY PLATS, FINAL PLATS AND LOT
SPLITS; CREATING A PROCEDURE FOR LOT LINE
ADJUSTMENTS; 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 Council desires to streamline and update the requirements and
procedures for consideration and approval of preliminary and final plats and lot splits consistent
with the requirements of Chapter 177, Florida Statutes; and
WHEREAS, the City Council desires to update the criteria for approval of preliminary
and final plats consistent with the requirements of Chapter 177, Florida Statutes; and
WHEREAS, the City Council also desires to create a process for lot line adjustments,
which shall not result in the creation of any additional lots; and
WHEREAS, the Planning and Zoning Board has reviewed these proposed amendments
at a duly noticed public hearing held on May 24,2017, and said Board has recommended approval
of the amendments to the City Code; and
WHEREAS, the City Council hereby finds that this Ordinance is in the best interests of
the public health, safety and welfare of the citizens of Cape Canaveral, Florida; and
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS
AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated
herein by this reference.
Section 2. Code Amendment. Chapter 98, Zoning, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
stfikeeut type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of
text existing in Chapter 98. It is intended that the text in Chapter 98, denoted by the asterisks and
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set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance):
Chapter 98 Subdivisions
***
Article I In General
Sec. 98-1. - Definitions.
Planning Official means the Community Development Director or his or her designee.
***
Subdivision means the division of a tract of land into two three or more lots or parcels for
the purpose of transfer of ownership or building development or, if a new street is involved, any
division of a tract of land. The term "subdivision"includes resubdivision and replatting, and,when
appropriate to the context, shall relate to the process of subdividing or the land subdivided.
***
Sec. 98-3. - Powers of planning and zoning board.
The city council delegates to the planning and zoning board the advisory powers expressed
in this chapter.
Sec. 98-4. -Variance.
(a)Hardship. Where Whenever the planning and zoning board finds that hardship may result from
strict compliance with this chapter, based on applicable criteria and requirements set forth in this
chapter, it may recommend to the city council that the regulations be varied so that substantial
justice may be done and the public interest secured; provided that such variance will not have the
effect of nullifying the intent and purpose of the comprehensive plan or these regulations.
(b) Application. Any person owning an interest in any real property may apply to the board
adjustment city council for a variance from these regulations. The application shall first be
submitted to the planning and zoning board for study and written recommendation, and shall be
accompanied by a fee established by the city council. The application shall be submitted at least
11 days prior to the board meeting at which it is to be considered. The b city
council shall consider the recommendation of the planning and zoning board as part of the official
record when hearing an application for a variance. The application shall be in such form as
approved by the planning an zoning bo rd official and shall contain the following minimum
information:
(1) The name of the owner of the particular real property.
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(2)If the applicant is other than all the owners of the particular property,written consent signed
by all owners of the particular real property shall be attached.
(3) The legal description of the particular real property, accompanied by a certified survey of
that portion of the map maintained by the tax assessor reflecting the boundaries of the
particular real property.
(4) The current zoning classification, special use classification, with any specified conditions,
or conditional use designation as recorded on the official zoning maps.
(5) The variance from the provisions of this chapter requested plus the basis for the request.
(6) Names and addresses of all property owners owning property within 200 feet of the
particularly property, accompanied by a certified survey or that portion of the map
maintained by the tax assessor reflecting the boundaries of the parcels affected.
(c)Public hearing; notice. Upon receipt of the executed application and recommendation from the
planning and zoning board, , the city council shall forthwith schedule a
hearing on the application. Notice of the time and place of the public hearing shall be given to the
applicant at least 15 days prior to the public hearing. Notice of the time and place of the public
hearing on the application shall be published once at least 15 days prior to the public hearing in a
newspaper of general circulation within the county. The notice shall contain the name of the
applicant, the legal description of the affected property, the existing zoning classification, special
use classification or conditional use designation and requested variance from the provisions of this
chapter. In addition, a notice containing the aforementioned information shall be posted in the city
hall by city officials, and a notice containing the information mentioned in this subsection,
excluding the legal description but including total affected acreage,shall be posted by the applicant
for the variance on the affected property at least 15 days prior to the public hearing. If the property
abuts a public road right-of-way, the notice shall be posted in such a manner as to be visible from
that road right-of-way. An affidavit signed by the owner or applicant evidencing posting of the
affected real property must be received by the city prior to the time that such matter is heard by
the b city council. Failure to provide such affidavit prior to the hearing shall
result in tabling the application for one meeting at cost to the applicant or denial of the request. It
shall be unlawful for any person to remove the notice containing the information mentioned in this
subsection from the affected property or from the city hall. Any person found guilty of violating
this section shall be subject to legal action.
(d)Prerequisites to granting. A variance may be granted when it will not be contrary to the public
interest where, owing to special conditions, a literal enforcement of the provisions of these
regulations will result in hardship; provided specifically, however, that economic or personal
medical reasons shall not be considered as grounds for establishing hardship sufficient to qualify
an applicant for a variance. In order to authorize any variance from the terms of these regulations,
the b city council shall find all of the following factors to exist:
(1) Special conditions and circumstances exist which are not applicable to other lands,
structures or buildings in the applicable zoning classification; and
(2) The special conditions and circumstances do not result from the actions of the applicant;
and
(3) Granting the variance requested will not confer on the applicant any special privilege that
is denied by the provisions of this chapter to other lands or structures in the identical zoning
classification; and
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(4) Literal interpretation of the provisions of these regulations would deprive the applicant of
rights commonly enjoyed by other properties in the identical zoning classification under
the provisions of this chapter and will constitute unnecessary and undue hardship on the
applicant; and
(5) The variance granted is the minimum variance that will make possible the reasonable use
of the land,building or structure; and
(6) The granting of the variance will be in harmony with the general intent and purpose of this
chapter and such variance will not be injurious to the area involved or otherwise
detrimental to the public welfare.
In no case shall the . . - . • . - ... - -. - -- - . - - . - _ city council grant a
variance which will result in a change of land use that would not be permitted in the applicable
zoning classification.
(e) Conditions. In recommending the greeting granting of any variance, the
board city council may prescribe appropriate conditions and safeguards in conformity with this
chapter and any ordinance enacted by the city. The city council may also, as
a condition of approval,recommend compliance with any site plan or other specification submitted
by the applicant when it has relied upon such site plan or specifications in granting the variance.
Violation of such conditions and safeguards, when made a part of the terms under which the
variance is granted, shall be deemed a violation of this chapter. Variances granted from a specific
requirement of this chapter shall be in full force only as long as that specific requirement is in
effect. Furthermore, the boar-' of ad;ustment city council may prescribe a reasonable time limit
within which the action for which the variance is required shall be begun or completed, or both.
Sec. 98-5. -Appeals and arbitrations.
(a) " • •- . . . • . - . - - ... . . ..• --
may appeal the decision to the city council pursuant to section 110 33 of this Code. Any party
aggrieved by any final decision of the city council made under section 98-4 shall have the right to
file an appropriate action in a court of competent jurisdiction.
(b) The b city council shall not rehear a variance once decided unless an error
in substantive or procedural law is found following the decision, or unless the
city council makes a finding based on a presentation by the applicant that new evidence, not
discoverable by the applicant prior to the initial hearing, is found. A different or more effective
presentation or clarification of the same evidence or matters considered at the initial hearing shall
not be grounds for a rehearing before the b city council.
Article II Plats and Lot Splits
Division 1.—Generally
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Sec. 98-31. - Division of land; review and approval required; zoning.
(a) Any subdivision of land into two or more parcels shall be subject to the requirements of
this article.
(b) No owner of real property shall sell, offer to sell or lease lots or tracts of land from such
property without first having divided such property in accordance with the requirements of this
article.Before such lot or tract is divided,the lots or tracts proposed to be divided shall be surveyed
by a duly licensed Florida surveyor and approved by the city council by plat or lot split resolution
in accordance with the specific applicable provisions of this article and F.S. ch. 177. No permit
shall be issued for the construction of any building or structure or for an electrical or sewer hookup
on any lot or tract sold in violation of this article; provided, however, that any such violation can
be remedied by complying with the provisions of this article. Additionally, any subdivision or lot
split approved pursuant to this article shall in every respect meet the criteria established elsewhere
in this article and the City Code for the category of zoning and other relevant codes under which
the property is zoned.
Division 3.—Preliminary Plat
***
Sec. 98-45. - City review.
(a) The applicant shall submit copies of the preliminary plat and other information as
prescribed in section 98-41 for review by the city staff. City staff shall determine the number of
copies to be submitted for review. Upon receipt of the documents the planning official shall review
and forward to the appropriate city reviewing staff a copy of all documents submitted and such
other documents as deemed appropriate to enable the city reviewing staff to review the application
and either find the application to be sufficient, or point out areas that are inadequate or improper.
The city attorney shall review the title opinion or certification, protective covenants, articles of
incorporation and bylaws and shall make recommendations, if necessary.
(b) Within 30 days, the city reviewing staff will return in writing all comments,
recommendations and questions to the applicant.
(c) Should any comment or recommendation made by a member of the city reviewing staff
require the applicant to revise its submittal, the city reviewing staff shall review the revised
submittal and return all comments, recommendations and questions to the planning official, who
shall then forward all documents to the applicant.
(d) Upon receiving satisfactory reviews from all of the city reviewing staff,the applicant shall
submit revised copies of the plat and other information as prescribed in section 98-41. The number
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of copies required shall be determined by city staff Upon receipt of all documents, the planning
official shall schedule the application for consideration by the planning and zoning board and city
council as required by this chapter. The planning and zoning board shall recommend, in writing,
approval, approval with conditions or disapproval to the city council. All recommendations.,
conditions and changes of the planning and zoning board shall be noted on the preliminary plat,
which shall be provided to the city council.
Sec. 98-46. - Planning and zoning board and city council review.
( } The planning and zoning board and city council shall review the preliminary plat and other
material submitted for conformity with this Code and may negotiate on changes deemed advisable_
The planning and zoning board and city council shall vote to either accept, reject or modify the
planning official's recommendation. All conditions and changes shall be noted on the preliminary
plat by the planning official as directed by the city council. . • : • . -. • •• • :, '• - '•_ •,
. . . . . • . ..
next regularly scheduled meeting, shall vote to either accept, reject or modify the board's
Sec. 98-47. - General criteria for approval.
Prior to the planning and zoning board recommending approval to the city council,
applicants shall demonstrate to the planning and zoning board, and the planning and zoning board
must find, that the proposed preliminary plat meets the criteria listed in subsections (a) through
(di) below. Further, prior to approving any proposed preliminary plat, the applicant must
demonstrate to the city council, and the city council must find, that the proposed preliminary plat
meets the criteria listed in subsections (a) through (di) below.
(a) The application in compliance with the provisions of this article and applicable law.
(b) The application is consistent with the city's comprehensive plan.
(c) The application does not create any lots,tracts of land or developments that do not conform
to the City Code.
(d) The application provides for proper ingress and egress through a public or approved private
street or perpetual cross access easements.
(e) The application is compatible and in harmony with the surrounding neighborhood
including with respect to the size of existing surrounding lots and development trends in
the neighborhood which have been previously approved by the city council.
(f) The application does not create burdensome congestion on the streets and highways.
(g) The application promotes the orderly layout and use of land.
(h) The application provides for adequate light and air.
(i) The application does not create overcrowding of land.
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(j) The application does not pose any significant harm to the adequate and economical
provision of water, sewer and other public services.
***
Division 4.—Final Plat
***
Sec. 98-60. - Application for approval.
Application shall be made for subdivision final plat approval as follows:
(a) Upon the documents required under this division being presented to the city, the planning
official shall review and forward to the appropriate city reviewing staff a copy of all submittals
and such other documents as he or she deems appropriate to enable the city reviewing staff to
review the subdivision and either find the application to be sufficient, or point out areas that are
inadequate or improper. The city attorney shall review the title opinion or certification,protective
covenants, articles of incorporation and bylaws and shall make recommendations, if applicable.
(b) Within 30 days, the reviewing staff will return in writing all comments, recommendations
and questions to the planning official, who shall then forward all documents to the applicant.
(c) Should any comment or recommendation made by a member of the city reviewing staff
require the applicant to revise its subdivision submittal, the city reviewing staff shall review the
revised submittal and return all comments, recommendations and questions to the planning
official, who shall then forward all documents to the applicant.
(d) Upon receiving satisfactory reviews from all of the city reviewing staff and revised copies
of the plat, the planning official shall schedule the application for consideration by the planning
and zoning board.
Sec. 98-61. - Planning and zoning board and city council review; general criteria for
approval.
(a) When all requirements under this division have been satisfied, the planning and zoning
board will vote to recommend approval, approval with conditions, or disapproval of the
subdivision final plat, and these recommendations will be submitted to the city council at the next
regularly scheduled council meeting or as soon as possible thereafter. The city council shall vote;
to either accept, reject, or modify the board's recommendation.
(b) Prior to the planning and zoning board recommending approval to the city council,
applicants shall demonstrate to the planning and zoning board, and the planning and zoning board
must find, that the proposed final plat meets the criteria listed in subsections (1) through {4}(10)
below. Further, prior to approving any proposed final plat, the applicant must demonstrate to the
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city council, and the city council must find, that the proposed final plat meets the criteria listed in
subsections (1) through(4}(10) below.
(1) The application is in compliance with the provisions of this article and applicable law.
(2) The application is consistent with the city's comprehensive plan.
(3) The application does not create any lots, tracts of land or developments that do not
conform to the City Code.
(4) The application provides for proper ingress and egress through a public or approved
private street or perpetual cross access easements.
(5) The application is compatible and in harmony with the surrounding neighborhood
including with respect to the size of existing surrounding lots and development trends
in the neighborhood which have been previously approved by the city council.
(6) The application does not create burdensome congestion on the streets and highways.
(7) The application promotes the orderly layout and use of land.
(8) The application provides for adequate light and air.
(9) The application does not create overcrowding of land.
(10) The application does not pose any significant harm to the adequate and economical
provision of water, sewer and other public services.
***
Division 5.—Lot Splits
Sec. 98-66.—Lot splits.
The city council may by resolution at a public hearing grant waivers from the platting
requirements of this chapter for divisions of land that constitute a lot split.
(a) Definition.Lot split review and approval. An application for lot split shall be processed by
. . . . • . . • - •. . . - - •- - . . For purposes of this
section, the term "lot split" shall mean a division of a tract of land or lot that will result in the
creation of exactly one (1) additional lot or tract of land provided the lot or tract of land to be split
is a previously platted lot or legal description of record.
(b) Definition. For purposes of this section, the term "lot split" shall mean a division of a tract
of land or lot that will result in the creation of exactly one additional tract of land or lot provided
record.
- . - . - shall abut a public or approved private
street, unless perpetual cross access easements already exist on the lot to be split or are
determined not to be necessary, or, if necessary, are provided by separate instrument.
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(b)Lot Split Review and Processing. Every lot split shall be processed in the following manner:
(1) Application. An application form provided by the community development
department shall be completed and filed with the department, accompanied with the
following:
a. An application fee approved by the city council by resolution;
b. One or more paper copies of the proposed lot split as specified in the application
form and an electronic copy if requested by the depaitmenti
c. A statement indicating whether new streets, water, sewer, drainage structures or
other infrastructure are required off-site to provide sufficient access or municipal
services to the subject land; and
d. Legal descriptions and acreage of the two proposed lots or tracts of land and a
scaled drawing showing the intended division shall be prepared by a duly
licensed land surveyor registered in the state. If a lot or tract of land contains any
principal or accessory structures, a survey showing the structures on the lot or
tract of land shall accompany the application.
e. A title opinion or report of the affected land verifying the record owner(s) and
any mortgage holders.
(c) Application. Applicants seeking lot split approval shall provide the following to tho
. S. .
(3)A filing fee established by resolution of the city council.
(2)(}City Staff Review.
a. {-14 Upon receipt of a complete lot split application, the planning official shall
review and forward to the appropriate city reviewing staff a copy of same and
such other documents to enable the city reviewing staff to review the
application and either find the application to be sufficient or point out areas
that are inadequate or improper. The city attorney shall review the title opinion
or certification.
b. (2 City reviewing staff shall return in writing all comments, recommendations
and questions to the applicant within 30 days of receipt of applicant's complete
application.
c. (-3-} Should any comment or recommendation made by the city reviewing staff
require the applicant to revise its submittal,the city reviewing staff shall review
the revised submittal and return all comments,recommendations and questions
to the planning official, who shall then forward all documents to the applicant.
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d. (-4)Upon receiving satisfactory reviews from all of the city reviewing staff, the
applicant shall submit revised copies of the lot split and other information
required by this section. The number of copies required shall be determined by
city staff. Upon receipt of all documents, the planning official shall schedule
the application for consideration by the planning and zoning board.
(3) Ee}Public hearings.
(1) The planning and zoning board shall consider an application for lot split at a duly
noticed public hearing and shall vote to recommend approval or disapproval of the lot split
to the city council. Upon receipt of the planning and zoning board's recommendation,
_ .. - • • . . • ..• :' __. - .. . . . -, • _ Tthe city council
shall, at a duly noticed public hearing, : _. - . . - . • . _ ...
recommendation and shall either approve, approve with conditions, or deny the proposed
lot split. Any approval of a lot split shall be by resolution of the city council.
(4)(-0 Review criteria. Before any lot split is recommended for approval by the planning
and zoning board or approved by the city council, the applicant must demonstrate,
and the planning and zoning board or city council must find, that the proposed lot
split meets the following criteria:
a. (1)The proposed lot split is in compliance with the provisions of this article and
applicable law. The proposed lot split shall in every respect meet the criteria
established elsewhere in this chapter and the city code for the category of
zoning and other relevant codes and applicable law under which the property
is zoned.
b. ( }The application is consistent with the city's comprehensive plan.
c_( }The application does not create any lots, tracts of land or developments that
do not conform to the City Code.
d_(4}The application provides for proper ingress and egress to all affected
properties through a public or approved private street or perpetual cross access
easements.
e. The application is compatible and in harmony with the surrounding
neighborhood including with respect to the size of existing surrounding lots
and development trends in the neighborhood which have been previously
approved by the city council.
f. The application does not create burdensome congestion on the streets and
highways.
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g. The application promotes the orderly layout and use of land.
h. The application provides for adequate light and air.
i. The application does not create overcrowding of land.
j. The application does not pose any significant harm to the adequate and
economical provision of water, sewer, and other public services.
(5) 16 Special notice for residential lot splits. Any proposed lot split of a residentially
zoned property shall require special notice be provided to adjacent property owners
at least 14 days prior to the planning and zoning board and city council hearings on
the proposed residential lot split. Said notices shall be provided by regular mail to
adjacent property owners within 500 feet of the property subject to the lot split
application, and shall include the address and legal description of the subject
property, and the date, time and location of the planning and zoning board and city
council hearings.Notice of the planning and zoning board and city council hearings
may be consolidated into one notice. Notices provided under this subsection are
hereby deemed to be courtesy notices only and the failure to provide or receive said
notices shall not be a basis of appealing any decision made under this section.
Applicants shall be solely responsible for the cost of the notices required by this
subsection.
(1300 Recording. Upon approval of any lot split by resolution of the city council, the plat
doeuments resolution of the city council shall be duly recorded in the official public records of
Brevard County '• : --- . -- ' • -- •- . •: and the lot split shall be reflected on the
appropriate city maps and documents.
(idd) Restriction on additional lot split minor plat. No further division of an approved lot split is
permitted under this section, except through the plat review and approval
process procedures of this article.
Division 6. —Lot Line Adjustments
Sec. 98-67.—Lot Line Adjustments.
(a)Lot Line Adjustment. An adjustment of a lot line between contiguous lots or parcels(hereinafter
"lots" or"lot") which may be platted or unplatted and which are under separate ownership or the
same ownership shall be exempt from the platting requirements of this chapter if the lot line
adjustment does not create any additional lot and meets all of the following conditions.
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(1) It is demonstrated that the request is to correct an engineering or surveying error in
a recorded plat or is to permit a boundary change between adjacent lots; and
(2) Both landowners whose lot lines are being adjusted provide written consent to the
lot line adjustment; and
(3) Instrument(s) evidencing the lot line adjustment shall be filed in the official records
of Brevard County, Florida, upon approval, and shall indicate that the result of the lot line
adjustment will meet the standards of, and conforms to,the requirements of the city code,including
the dimensional requirements of the zoning district and the subdivision in which the lots are
located. However, in cases of an existing nonconforming lot of record, the adjustment shall not
increase the nonconformity of the lot; and
(4) It is demonstrated that the lot line adjustment will not affect the development rights
or permitted density or intensity of use of the affected lots by providing the opportunity to create
a new lot(s) for resale or development or by making the density or intensity of any lot
nonconforming.
The aggregation of multiple lots under common ownership shall not be considered a lot line
adjustment and may be accomplished through a unity of title agreement with the city.
(b) Lot Line Adjustment Review and Processing. Every lot line adjustment shall be processed in
the following manner:
(1) Application. An application form provided by the community development
department shall be completed and filed with the department, accompanied with the following:
a. An application fee approved by the city council by resolution;
b. A narrative describing the reason(s) for the lot line adjustment and proposed
reconfiguration:
c. An affidavit by all property owners that they consent to the lot line adjustment and
resulting lot formation;
d. A survey of the original and proposed reconfigured lots prepared by a duly licensed
land surveyor registered in Florida. The survey shall also include:
i. The location of any principal or accessory buildings or structures and the
existing and proposed setbacks on each lot;
ii. The existing location of all utilities serving the lots; and
iii. The location of proposed access to the lots, including the location of
proposed access easements;
e. A title opinion or report of the affected land verifying the record owner(s) and any
mortgage holders;
f. Where required by the planning official, a joinder and consent from any affected
mortgage holders; and
g. Proposed deeds appropriate to accomplish any necessary property conveyances to
effectuate the lot line adjustment if the lots are under separate ownership.
(2) Review and Criteria. The planning official shall approve, approve with conditions, or
deny the lot line adjustment using the criteria established below:
a. The lot line adjustment shall not result in the creation of any additional lot;
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b. The lots resulting after the lot line adjustment shall meet all dimensional requirements
specified for the applicable district as outlined in Chapter 110,Article VII of this Code,
except that in cases of an existing nonconforming lot of record, the adjustment shall
not increase the nonconformity of the lot;
c. The lot line adjustment shall not create a nonconforming setback for any existing
building or structure-,
d. All lots modified by the lot line adjustment procedures shall have access in compliance
with the standards established by the City;
e. The lot line adjustment shall not cause lot lines to bisect on-site sewage disposal
systems, prevent adequate access to water supply, obstruct fire lanes or otherwise
interfere with the provision of utilities or emergency services.,
f. The lot line adjustment shall not violate an applicable requirement or condition of a
previous land use action, subdivision, plat or site plan:,
g. All lot line adjustments shall be recorded surveys consistent with the requirements of
applicable law. All lot lines being adjusted shall be surveyed, and newly established
lot corners shall be determined;
h. All conditions for a lot line adjustment as established in subsection (a) shall be
satisfied.
(c) Unity of Title. In most cases, the planning official shall require the affected property owners
to enter into a unity of title agreement with the city for purposes of creating the new developable
lots resulting from the lot line adjustment. The city manager shall be required to execute the unity
of title agreement on the city's behalf provided the application is in compliance with the provisions
of this section. The planning official may determine not to require a unity of title agreement for
insubstantial boundary changes.
(d) Recording. No lot line adjustment shall be recorded unless approved as provided in this
section. The lot line adjustment shall be recorded with the Clerk of Court within 12 months of
approval by the planning official, and one reproducible copy shall be furnished to the community
development department.
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.
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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 18th day of
July, 2017.
•
..t
Bob Hoog, Mayor
ATTEST: -% iL For Against
Mia Gofort, C1Vt f ); Mike Brown x
City Clerk' t•,r)-1 k, A ��=�
Robert Hoog x
Brendan McMillin Motion
Rocky Randels x
Betty Walsh Second
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
A hony A. Garganese, Ci ttorney
1st Reading: June 20, 2017
Advertisement: July 6, 2017
2nd Reading: July 18, 2017
City of Cape Canaveral
Ordinance No.08-2017
Page 14 of 14