HomeMy WebLinkAboutcocc_ordinance_no_09-2019_201905211 ORDINANCE NO. 09-2019
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
5 AMENDING SECTION 110-28 OF THE CITY CODE
6 RELATED TO DUE PROCESS AND SPECIAL LOCAL
7 NOTICE REQUIREMENTS FOR CERTAIN ZONING
8 HEARINGS; PROVIDING FOR THE REPEAL OF PRIOR
9 INCONSISTENT ORDINANCES AND RESOLUTIONS,
10 INCORPORATION INTO THE CODE, SEVERABILITY
11 AND AN EFFECTIVE DATE.
12
13 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
14 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
15 law; and
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17 WHEREAS, the City Council desires to amend City special local notice requirements for
18 certain zoning hearings to streamline local notice requirements by balancing various legitimate
19 public interests and taking into consideration common sense, practical concerns such as public
20 expenses and limited resources, efficient and timely decision making by the City on land use
21 matters and unreasonableness; and
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23 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
24 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape
25 Canaveral.
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27 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
28 OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
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30 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein
31 by this reference as legislative findings and the intent and purpose of the City Council of the City
32 of Cape Canaveral.
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34 Section 2. Code Amendment. Section 110-28 of the Code of Ordinances, City of
35 Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
36 strikeout type indicates deletions):
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38 Sec. 110-28. - Due process; special notice requirements.
39 (a) All applicants and interested parties shall be afforded minimal due process as required by
40 law, including the right to receive notice, be heard, present evidence, cross-examine witnesses,
41 and be represented by a duly authorized representative.
42 (b) In addition to any notice requirements provided by state law, all public hearings under this
43 article shall initially be publicly noticed for at least 14 calendar days prior to the date of the
44 hearing. Public hearings that are postponed or continued by the City shall be publicly noticed
45 for at least 3 calendar days unless otherwise required by the board. Said notice shall include
46 the address of the subject property, matter to be considered and the time, date and place of the
47 hearing. The city shall post notice of public hearings in the following manner:
City of Cape Canaveral
Ordinance No. 09-2019
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1 (1) Posting the affected property.
2 (2) Posting at city hall and on the city's official website.
3 (3) Notifying all owners of real property (including homeowner's and condominium
4 associations) approximately adjacent to and within 500 feet of the subject property. All
5 notices required by this subparagraph may be sent by regular mail except that public
6 hearings related to applications for rezoning shall be sent by certified mail, return receipt
7 requested. Further, unless otherwise provided by law, notices required by this subsection
8 shall only be mailed for the first public hearing before the first board required to hear an
9 application under this article. Subsequent hearings on the same application shall not be
10 required to be noticed by this subsection. Applicants shall be solely responsible for the
11 costs incurred for notification under this subparagraph.
12 (4) Notifying, by certified regular mail or email, the owner(s) of the subject property for
13 which the application is being made.
14 The notice requirements set forth in subsections (1), (2), and (3) above are hereby deemed to
15 be courtesy notices. The failure to provide such courtesy notices shall not be a basis of appealing
16 any decision made under this chapter.
17 (c) When any proposed zoning district boundary change, variance, or special exception lies
18 within approximately 500 feet of the boundary of any property under another government's
19 jurisdiction, notice shall be forwarded to the governing body of the appropriate government
20 authority in order to afford such body an opportunity to appear at the hearing and express its
21 opinion on the effect of said proposed district boundary change, variance or special exception.
22 (d) Comprehensive administrative rezoning, variance, or special exception applications
23 initiated by the City affecting more than one noncontiguous parcel of land and more than five acres
24 of land shall not be subject to the notice requirements set forth in this section. Unless otherwise
25 required by state law, all public hearings under this subsection (d) shall initially be publicly noticed
26 for at least 14 calendar days prior to the date of the hearing. Public hearings that are postponed or
27 continued by the City shall be publicly noticed for at least 3 calendar days unless otherwise
28 required by the board. In addition to any notice requirements provided by state law, public notice
29 of the hearing of such applications shall include the address of the subject property, matter to be
30 considered and the time, date and place of the hearing and shall be posted in the following manner:
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32 (1) Posting at city hall and on the city's official website.
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34 (2) Notifying, by regular mail, the owner(s) of the subject parcels of land for which the
35 administrative application is being made by the City.
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37 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
38 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
39 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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41 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
42 Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be
43 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
44 like errors may be corrected and additions, alterations, and omissions, not affecting the
45 construction or meaning of this Ordinance and the City Code may be freely made.
46
City of Cape Canaveral
Ordinance No. 09-2019
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1 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
2 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
3 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
4 be deemed a separate, distinct and independent provision, and such holding shall not affect the
5 validity of the remaining portions of this Ordinance.
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8 adoption by the City Council of the City of Cape Canaveral, Florida.
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10 ADOPTED by the City Council of the City of ape Canaveral, Florida, this 21st day of
11 May, 2019. _:... _,- V a,--•�,,
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Section 6. Effective Date. This Ordinance shall become effective immediately upon
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14
15
16 ATTEST:-
17
TTEST:17
18
19
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20 Mia Goforth;,CMCTE
21 City Clerk
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23 First Reading: April 16, 2019
24 Planning & Zoning Board
25 Hearing: April 24, 2019
26 Advertisement: May 09, 2019
27 Second Reading: May 21, 2019
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29 Approved as to legal form and sufficiency
30 for th-i of Cape Canaveral only by:
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32
33 Anthony A. Garganese, City Attorney
Mike Brown, Mayor Pro Tem
For
x
Mike Brown
Robert Hoog
Wes Morrison
Against
Absent
Rocky Randels Motion
Angela Raymond Second
City of Cape Canaveral
Ordinance No. 09-2019
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x