HomeMy WebLinkAboutOrdinance No. 03-2018I ORDINANCE NO. 03-2018
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
5 AMENDING SECTION 110-372 OF THE CITY CODE;
6 PROVIDING FOR A 20 -FOOT MINIMUM TOWNHOUSE
7 UNIT WIDTH; INCREASING THE MINIMUM LOT
8 WIDTHS AND ADJUSTING THE MINIMUM LOT AREAS
9 ACCORDINGLY; ESTABLISHING PROVISIONS
10 GOVERNING NONCONFORMING TOWNHOUSE
11 STRUCTURES AND LOTS; PROVIDING RELIEF FOR
12 MULTIPLE -FAMILY AND TWO-FAMILY DWELLINGS
13 EXISTING PRIOR TO OCTOBER 4, 1988 WHICH WERE
14 BUILT IN ACCORDANCE WITH TOWNHOUSE
15 STANDARDS FROM CERTAIN MINIMUM LOT WIDTH
16 AND SETBACK REQUIREMENTS; PROVIDING FOR THE
17 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
18 RESOLUTIONS, INCORPORATION INTO THE CODE,
19 SEVERABILITY AND AN EFFECTIVE DATE.
20
21 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
22 State Constitution, to exercise any power for municipal purposes, except when expressly
23 prohibited by law; and
24
25 WHEREAS, Section 110-372 of the Code of Ordinances, City of Cape Canaveral,
26 Florida ("Code") was amended on October 4, 1988 via Ordinance 9-88 to change the minimum
27 lot width for a townhouse lot from 16 feet to 20 feet; and
28
29 WHEREAS, currently, the Code does not provide a minimum unit width for
30 townhouses, which has resulted in the proliferation of very narrow townhomes due to the
31 application of setbacks; and
32
33 WHEREAS, the City Council desires to establish a minimum townhouse unit width of
34 20 feet and increase the minimum lot widths where end units will be built, including a 28-
35 foot minimum lot width for side, end unit lots and a 45 -foot minimum lot width for side, corner
36 unit lots, to ensure that all newly -built townhome units will be at least 20 -feet in width; and
37
38 WHEREAS, the City Council intends to modify the regulations relating to
39 nonconforming structures and nonconforming lots to allow for rebuilding of nonconforming
40 townhouses in the event they are destroyed; and
41
42 WHEREAS, the City Council further desires to provide relief from the 20 -foot minimum
43 lot widths for existing multiple -family and two-family dwelling units built prior to October 4,
44 1988, which were built in accordance with townhouse standards at the time of construction, but
45 were not built on individually platted lots; and
46
47 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds
48 this Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
49 Cape Canaveral.
City of Cape Canaveral
Ordinance No. 03-2018
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1
2 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
3 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
4
5 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
6 reference as legislative findings and the intent and purpose of the City Council of the City of Cape
7 Canaveral.
8
9 Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape
10 Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
11 strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
12 of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks
13 and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption
14 of this Ordinance:
15
16 Chapter 110 —ZONING
17
18 ***
19
20 ARTICLE VII. — DISTRICTS
21
22 ***
23
24 DIVISION 8. — TOWNHOUSES
25
26 ***
27
28 Sec. 110-372. - Area and dimensions.
29 Townhouse area and dimensions shall be as follows:
30 (1) Minimum area to be developed shall be 6,250 square feet.
31 (2) Minimum lot area shall be (begining of strikeout text) 1,600 (end of strikeout text) (begining of underlined text) 1,400 (end of underlined text) square feet.
32 (3) (begining of underlined text) For all townhouse subdivisions approved after April 17, 2018, the (begining of strikeout text) M (end of strikeout text) (begining of underlined text) minimum (end of underlined text) lot width
33 shall be 20 feet (begining of underlined text) for interior lots, 28 feet for end lots, 45 feet for a corner lot and 35 feet
34 for a corner lot on a nonconforming lot of record.
35 a. Should a townhouse structure built on a lot that has become nonconforming after
36 April 17, 2018 be destroyed, a new townhouse may be rebuilt on such
37 nonconforming lot, notwithstanding the provisions of Section 110-196 relating to
38 nonconforming lots of record. (end of underlined text)
39 (4) Minimum lot depth shall be 70 feet.
40 (5) Maximum lot coverage by all buildings shall be 40 percent of the site area.
41 (6) Minimum floor area shall be as follows:
42 a. One bedroom, 650 square feet per dwelling unit.
43 b. Two bedrooms, 750 square feet per dwelling unit.
44 c. Additional bedrooms, 200 square feet per bedroom.
City of Cape Canaveral
Ordinance No. 03-2018
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1 (7) Maximum building length or width shall be 185 feet.
2 (begining of underlined text) (8) For all townhouse units built after April 17 2018 the minimum townhouse unit width
3 shall be 20 feet.
4 a. Should a townhouse unit that has become nonconforming after April 17, 2018 be
5 destroyed a new townhouse unit may be rebuilt provided that it is in conformity with the
6 provisions of this Division to the maximum extent possible, notwithstanding the
7 provisions of Section 110-193(c) relating to the continuance of nonconforming structures. (end of underlined text)
8 Until December 31, 1993, 50 and 75 -foot -wide nonconforming lots of record may have 16-
9 foot -wide townhouse lots. (begining of underlined text) Further, notwithstanding the above, for multiple -family dwellings
10 and two-family dwellings existing prior to October 4, 1988 that, although not located on
11 individually platted lots, were otherwise built in accordance with townhouse standards, such
12 dwellings may be converted to townhouses with lot widths and unit widths of 16 feet or more
13 as necessary to allow for the existing footprint of each dwelling unit to remain. In addition,
14 notwithstanding any provision of Chapter 98 of this Code, such existing dwellings shall be
15 allowed to remain in their existing location, irrespective of an encroachment into a yard
16 setback, except that such encroachment must be remedied upon the destruction of the
17 encroaching unit.
18 With any application for a townhouse subdivision that proposes to convert an existing
19 multiple -family or two-family dwelling unit into a townhouse, the applicant must submit a
20 certified report from a registered state professional engineer that such dwelling was built in
21 accordance with townhouse standards and such units shall also be subject to inspection by the
22 building official. Townhouse standards shall mean that the multiple -family dwelling or two -
23 family dwelling was built in accordance with the applicable Townhouse provisions of the
24 adopted Building Code at the time of its construction.
25
26 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
27 inconsistent Ordinances and Resolutions adopted by the City Council, or parts of prior
28 Ordinances and Resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
29
30 Section 4. Incorporation into Code. This Ordinance shall be incorporated into the Cape
31 Canaveral City Code and any section or paragraph, number or letter and any heading may be
32 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
33 like errors may be corrected and additions, alterations and omissions, not affecting the construction
34 or meaning of this Ordinance and the City Code may be freely made.
35
36 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
37 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
38 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
39 be deemed a separate, distinct and independent provision, and such holding shall not affect the
40 validity of the remaining portions of this Ordinance.
41
42 Section 6. Effective Date. This Ordinance shall become effective immediately upon
43 adoption by the City Council of the City of Cape Canaveral, Florida.
44
45 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th day of
46 May, 2018.
City of Cape Canaveral
Ordinance No. 03-2018
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1 Signature
2 Bob Hoog, Mayor
3 Seal of Cape Canaveral, Florida
4
5 ATTEST: For Against
6
7 Signature Mike Brown Motion
8
9 Mia Goforth, CMC Robert Hoog x
10 City Clerk
11 Wes Morrison x
12 First Hearing: April 17, 2018
13 Advertisement: May 3, 2018 Rocky Randels x
14 Second Hearing: May 15, 2018
15 Angela Raymond Second
16
17 Approve as to legal form and sufficiency
18 for the City of Cape Canaveral only by:
19
20 Signature
21 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 03-2018
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