HomeMy WebLinkAboutOrdinance No. 01-2018 ORDINANCE NO. 01-2018
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING SECTION 110-296 OF THE LAND
DEVELOPMENT CODE TO INCREASE THE MAXIMUM
HEIGHT FOR PUBLIC OR RECREATIONAL BUILDINGS
AND STRUCTURES LOCATED ON PROPERTIES WITH A
FUTURE LAND USE DESIGNATION OF
PUBLIC/RECREATION TO 35 FEET; 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, currently, Section 110-296 of the City of Cape Canaveral's
Land Development Code ("Land Development Code") provides that the maximum height
shall not exceed 25 feet in the R-2 medium density residential district; and
WHEREAS, Section 110-251 provides that no building or other structure shall be erected
or altered to exceed the maximum height in the applicable zoning district; and
WHEREAS, exceptions to the maximum height are only permitted by variance or
by Section 110-471 for spires, belfries, cupolas, antennas, water tanks, solar panels,
ventilators, chimneys, elevator equipment, and air conditioning or other necessary equipment
rooms usually required to be placed above the roof level and not intended for human occupancy;
and
WHEREAS, public and semi-public parks, playgrounds, playfields and recreation
facilities are a permitted use in the R-2; and
WHEREAS, the land upon which Canaveral City Park, the Brevard County Public
Library and Cape View Elementary School is located has a Future Land Use designation of
Public/Recreation and is zoned R-2; and
WHEREAS, the City desires to amend Section 110-296 to allow for a maximum height
of 35 feet for public or recreational buildings and structures on properties with a Future Land
Use designation of Public/Recreation (PUB) within the R-2 zoning district; and
WHEREAS, the City Council has determined that this amendment will allow building of
larger public or recreational facilities that will promote the residency of families and enhance and
maintain the residential character and integrity of the R-2 zoning district in accordance with the
intent of the district; 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.
City of Cape Canaveral
Ordinance No.01-2018
Page 1 of 4
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREYARD 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 VII.—DISTRICTS
* * *
DIVISION 3.— R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
* * *
Sec. 110-296.— Area and dimension.
In the R-2 medium density residential district, the following area and dimensions shall be
required:
(1) Minimum lot area shall be as follows:
a. One- and two-family, 7,500 square feet.
b. Multiple-family, 10,000 square feet.
(2) Minimum lot width shall be 75 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 35 percent.
(5) Minimum living or floor area shall be as follows:
a. One-family, 1,100 square feet per dwelling unit.
b. Two-family, 750 square feet per dwelling unit.
c. Multiple family, as follows:
1. Efficiency,450 square feet per dwelling unit.
2. One bedroom, 650 square feet per dwelling unit.
City of Cape Canaveral
Ordinance No.01-2018
Page 2 of 4
3. Two bedrooms,additional bedrooms,750 square feet per dwelling unit (plus 200
square feet for each additional bedroom).
(6) Maximum height shall not exceed 25 feet, except that maximum height of public or
recreational buildings and structures on land with a future land use designation of
Public/Recreation (PUB) shall not exceed 35 feet.
(7) Maximum length or width of a structure shall not exceed 185 feet.
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.
[Adoption and Signature Page Follows]
City of Cape Canaveral
Ordinance No.01-2018
Page 3 of 4
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 20th day
of February, 2018.
Signature
Bob Hoog, Mayor
ATTEST: For Against
Signature Mike Brown x
Mia Goforth, CMC Robert Hoog x
City Clerk
Wes Morrison x
1st Reading: January 16, 2018
Advertisement: February 8, 2018 Rocky Randels Motion
2nd Reading: February 20, 2018
Angela Raymond Second
Approved as to legal form and sufficiency
for the of Cape Canaveral only by:
Signature
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No.01-2018
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