HomeMy WebLinkAboutcocc_p&z_agendapkt_20060510 '4457g-
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a i1 _ Cityof Cape Canaveral
.s-' '_ PLANNING &ZONING BOARD REGULAR MEETING
ir
_1 - - CITY HALL ANNEX
111 POLK AVENUE
•
MAY 10, 2006
X44, 7:30 P.M.
~47
attCall to Order
`R Roll Call
4411:
s NEW BUSINESS
1. Approval of Meeting Minutes: April 26, 2006.
2. Recommendation to City Council Re: Final Replat Marbella Town Homes, Phase
II - Lot 6 & 1/2 Lot 7 , Block 9, Avon by the Sea, (Adams Avenue) - James E.
Morgan, Applicant.
3. Recommendation to City Council Re: Ordinance 03-2006 Amending Alcoholic
Beverage Regulations -Anthony Garganese, City Attorney.
4. Recommendation to City Council Re: Ordinance 04-2006 Amending C-1 District
Clarifying the Minimum Number of Required Hotel Units -Anthony Garganese,
City Attorney.
5. Recommendation to City Council Re: Ordinance 05-2006 Amending Certificate
of Occupancy Regulations for Clarification -Anthony Garganese, City Attorney.
6. Recommendation to City Council Re: Amending Sign Ordinance-Anthony
Garganese, City Attorney.
OPEN DISCUSSION
ADJOURN
Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person
decides to appeal any decision made by the Planning and Zoning Board with respect to
any matter rendered at this meeting, that person will need a record of the proceedings,
and for such purpose that person may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,
nor does it authorize challenges or appeals not otherwise allowed by law. This meeting
may include the attendance of one or more members of .the Cape Canaveral City
Council, Board of Adjustment, Code Enforcement and/or Community Appearance Board
who may or may not participate in Board discussions held at this public meeting.
Persons with disabilities needing assistance to participate in any of these proceedings
should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral,FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www myflorida.com/cape • email:ccapecanaveral@cfl.rr.com
PLANNING & ZONING BOARD
MEETING MINUTES
APRIL 26, 2006
A Regular Meeting of the Planning & Zoning Board was held on April 26, 2006, at the
City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea
McNeely called the meeting to order at 7:33 p.m. The Secretary called the roll.
MEMBERS PRESENT
Bea McNeely Chairperson
Lamar Russell Vice Chairperson
John Fredrickson
Donald Dunn
Harry Pearson
John Johanson 1st Alternate
OTHERS PRESENT
Duree Alexander Acting Recording Secretary
Todd Peetz City Planner
Anthony Garganese City Attorney
Robert Hoog Mayor Pro Tern
Leo Nicholas Council Member
All persons giving testimony were sworn in by Anthony Garganese, City Attorney.
NEW BUSINESS:
1. Approval of Meeting Minutes: April 12, 2006.
Motion by Donald Dunn, seconded by Lamar Russell, to approve the meeting minutes of
April 12, 2006, as presented. Vote on the motion carried unanimously.
John Johanson informed the Board that he had submitted a form 8B, Memorandum of
Voting Conflict with the City Clerk regarding agenda item #4, recommendation to City
Council regarding request for extension of Beachside Townhomes.
2. Recommendation to the Board of Adjustment Re: Special Exception Request
No. 06-03 to Allow Outside Storage in the M-1 Zoning District, (400 Imperial
Boulevard), Section 15, Township 24S, Range 37E, Parcel 814 - Arthur Berger,
Designated Agent.
Todd Peetz, City Planner, gave an overview of the request. He testified that the
applicant was requesting a Special Exception to allow outside storage of boats, RV's
and trailers in the (M-1), Light Manufacturing and Research & Development District and
that the use was consistent and compatible with the adjacent properties. He pointed out
to the board on the concept drawing where the outside storage would be located and
explained that there would be eleven RV parking spaces with thirty-two vehicle parking
spaces; there is a proposed office building; proposed mini storage facility and another
building, the use of which is to be determine at a later date. He stated that the board was
only considering the request for the Special Exception. He outlined the current existing
surrounding uses, and noted that the proposed concept plan appears to sufficiently
buffer the residential uses from the subject site and that the buffering will be
1
Planning & Zoning Board
Meeting Minutes
April 26, 2006
Page 2
further evaluated during site plan review. In addition, the proposed Special Exception
would not appear to create additional noise, light, vibration, traffic, utility requirements, or
storm water runoff that would adversely impact the adjacent residential homes.
Brief discussion followed regarding the location of the property and access to the
property.
Arthur Berger, Designated Agent, stated that a larger site plan is available with a tree
overlay and numerous photos of the property.
Chairperson McNeely questioned which document showed the storage. Mr. Berger
explained that the conceptual drawing and the new site plan displayed the two-story,
30,000 square-foot office facility; the long slender building was the two-story mini
storage building and identified where the outside storage would be located.
The board members informed the applicant that the official record must be accurately
marked showing the outside storage.
Todd Peetz, City Planner informed the board that with the inclusion of the future building
facilities, the total number of vehicle parking spaces would be increased to fifty-two
spaces and eleven RV parking spaces. The board members agreed that this should be
reflected on future plans.
Chairperson McNeely expressed concerns regarding outside storage and requested a
specific list of the items that would be stored on the property. She suggested the
following conditions:
1. Parking spaces shall be clearly marked,
2. Outside storage shall be limited to licensed vehicles only, (i.e. RV's, boats,
camper, trailers)
3. No maintenance of the vehicles shall be allowed on property, and
4. All requirements of the zoning district shall be met and shown on the site plan
Mr. Berger stated that the building will have 24-hour security and storage will be
restricted to licensed vehicles; there will be no storage of construction debris,
miscellaneous items, or other materials.
A discussion was held regarding screening of the outside storage. The applicant
informed the board that there would be a chain link fence with a vegetative buffer.
The board members stated concerns regarding the application, which seemed to
address requests with existing structures located on the property and this particular
request was for vacant property. The board reviewed each item on the application with
the applicant.
The board members stated concerns regarding item #2 on the application which referred
to numerous small tanks of propane being stored on the property. Chairperson McNeely
stated that the fire department had addressed this issue in a staff memo provided and
indicated that there were no comments at this time. Vice Chairperson Russell stated that
this issue should be re-directed back to the fire department with the board's concerns
2
Planning & Zoning Board
Meeting Minutes
April 26, 2006
Page 2
regarding the storage of hazardous materials.
Motion by John Fredrickson, seconded by Donald Dunn to recommend approval of the
Special Exception request with the following conditions:
1. Parking spaces shall be clearly marked,
2. Outside storage shall be limited to licensed vehicles only, (i.e. RV's, boats,
camper, trailers)
3. No maintenance of the vehicles shall be allowed on property, and
4. All requirements of the zoning district shall be met and shown on site plan.
Vote on the motion carried unanimously.
3. Recommendation to the City Council Re: Site Plan Approval for the City
Maintenance Building, 601 Thumi Boulevard - Ed Gardulski, Public Works
Director.
Todd Peetz, City Planner, gave an overview of the request. He advised that this request
was for two maintenance buildings, which will be replacing five storage sheds at the
Public Works facility. The sheds being removed total approximately 1,100 square feet,
The new buildings will total 11,000 square feet of storage area. The buildings will be
constructed in two phases. Phase I proposes to construct a 9,600 square foot
maintenance building. Phase II proposes to construct a 1,500 square foot maintenance
building. The purpose of the maintenance buildings is for storage. The proposed
development will enhance the Public Works facility and will have no significant negative
impact on public services.
Ed Gardulski, Public Works Director, testified that this is a project they have been
working on for a number of years. There are numerous items that are presently being
stored outside, which need to be placed in an enclosed storage building. He stated that
the structures would meet all City codes on placement and wind load requirements.
He invited the board members to the Public Works open house, which will be held the
third week of May.
Chairperson McNeely questioned whether the buildings would be located in the storm
water drainage area. Mr. Gardulski responded that the water is routed through a storm
water treatment device which cleans up the water before it reaches the pond. This is part
of a pilot program which, with sufficient rain fall, some of the storm water is diverted
through the treatment facility to generate more re-use water.
Motion by John Fredrickson, seconded by Donald Dunn to recommend approval of the
City maintenance buildings. Vote on the motion carried unanimously.
3
Planning & Zoning Board
Meeting Minutes
April 26, 2006
Page 2
4. Recommendation to the City Council Re: Request for Extension of Beachside
Townhomes, 2nd Addition, Preliminary Replat, Replat of Lot 13, Block 5, Avon by
the Sea Subdivision - Preliminary Replat - John Johanson, Applicant.
Todd Peetz, City Planner, gave an overview of the request. He testified that Beachside
Townhomes received a preliminary plan approval from the City Council on November
15th, 2005 and this request was a for a six-month extension.
John Johanson testified that he is currently expecting to receive the Certificates of
Occupancy for the townhomes next door and that the hurricane season delayed the
progress of his current project. He respectfully requested an extension of the preliminary
replat on lot 13, Block 5, Avon by the Sea.
Motion by John Fredrickson, seconded by Donald Dunn to approve the request for a six-
month extension of the Preliminary Replat for Beachside Townhomes. Vote on the
motion carried unanimously.
5. Recommendation to the City Council Re: Proposed Ordinance Regarding
Preliminary Plat Approval through City Council - Anthony Garganese, City
Attorney.
City Attorney Garganese stated that this ordinance is a proposed change to the land
development code Section 98-46 and 98-47. This change provides for a specific time-
line of when the preliminary replat recommendations from the Planning and Zoning
Board are to be presented to City Council.
Motion by Donald Dunn, seconded by Lamar Russell to recommend approval of the
proposed ordinance regarding preliminary plat approval through City Council. Vote on
the motion carried unanimously.
OPEN DISCUSSION
None
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:30 p.m.
Bea McNeely, Chairperson
Duree Alexander for
Susan L. Chapman, Secretary
4
I
PRELIMINARY PLAT;REPLA :. FINATh PLAT RECEIPT
Project Name: c))/)2A v tr.)Ai D me--S
RESIDENTIAL:
1, 2 &3 Residential Units TOTAL: $37.50
Total # of Units?
(4) or more Residential Units $50.00 (1st (4) Units), $50.00
Plus Units @$7.50 per unit $
Total: $ S -
COMMERCIAL:
$150 per acre of land, or portion thereof.
Acres X$150 TOTAL. $
SITE PLAN EXTENSION• TOTAL. $150.00
SITE PLAN RESUBMISSION: 50% of original fee TOTAL. $
DEPOSIT TOWARDS REVIEW FEES:
RESIDENTIAL: 1 -4 Units .( $700.00 •
Over 4 Units. $1,500.00
COMMERCIAL: Up to 4 Acres $1,500.00
Over 4 up to 8 Acres $2,000.00
Over 8 Acres $3,000.00
Total Acres:
Office Use Only: Escrow Account#1-202.2400
TOTAL REVIEW DEPOSIT RECEIVED: $ 1 0 �' C`°
TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $ 3(1 . 5 0
PAID RECEIPT NO. DA'Z'E RECVD
•
July 18, 1995
CHECK LIST FOR PLAT APPROVAL
CITY OF CAPE CANAVERAL
I Pre-Application Screening (not mandatory)
Zoning
i
Concurrency Evaluation
Preliminary Plat (Section 98-41)
• Letter Requesting Review
• Location Map
• Topographic map (See Section 98-42)
• Plat (Showing Easements)
• Preliminary Plans
- existing ground
- proposed street grades
- cross sections proposed grades
- drainage plan (Section 98-43)
• • Draft Protective Covenants
• Tile and Certifications
Site Inspection
GENERAL NOTES:
• City will comment on plans within ten (10) working days.
• .Preliminary plat approval is valid for six (6) months from date of issuance.
CAW FWIH601CAP E.pLAT.FcR
•
• SUBDIVISIONS § 98.35
•
establishing hardship sufficient to qualify an ap- granting the variance. Violation of such condi-
plicant far a variance. In order to authorize any tions and safeguards, when made a part of the
variance from the terms of these regulations, the terms under which the variance is granted, shall
board of adjustment shall find all of the following • be deemed a violation of this chapter. Variances
factors to exist: granted from a specific requirement of this chapter
(1) Special conditions and circumstances exist shall be in full force only as long as that specific
requirement is in effect. Furthermore, the board
which are not applicable to other lands,
structures or buildings in the applicableof adjustment may prescribe a reasonable time
zoning classification; and limit within which the action for which the vari-
ance is required shall be begun or completed, or
(2) The special conditions and circumstances both.
do not result from the actions of the appli- (Code 1981, § 503.25(A); Ord. No. 22-93, §
cant; and 1(503.26(A)), 7-6-93)
(3) Granting the variance requested \vill•not • Sec. 98-5. Appeals and arbitrations.
confer on the applicant any special privi-
lege that is denied by the provisions of this (a) Any person or persons, jointly or severally
chapter to other lands or structures in the aggrieved by any decision of the board of adjust
identical zoning classification; and ment, may, within 30 days after the date of the
public hearing at which the decision was ren-
(4) Literal interpretation of the provisions of dered, but not thereafter, apply to a court of corn-
these regulations would deprive the appii petent jurisdiction for appropriate relief.
cant of rights commonly enjoyed by other
properties in the identical zoning ciaR=in" (b) The board of adjustment shall not rehear a
cation under the provisions of this chapter variance once decided unless an error in substan-
and will constitute unnecessary and undue five or procedural law is found following the de
mesion,hardship on the applicant; and ion, or unless the board of adjustment makes a
finding based on a presentation by the applicant
(5) The variance granted is the minimum val- that new evidence, not discoverable by the appli-
ance that will make possible the reason- cant prior to the initial hearing, is found. A dif-
ableuse of the land, building or structure; fez-ent or more effective presentation or clarifica-
and tion of the same evidence or matters considered at
the initial hearing shall not be grounds for a re-
(6) The granting of the variance will be in har•
hearing before the board of adjustment.
many with the general intent and pu_r✓ose • (Code 1981, § 503.25(B); Ord. No. 22-93, §
of this chapter and such variance will not 1(503.26(B)), 7 6-93)
be injurious to the area involved or other- -
wise detrimental to the public welfare. Sec. 98-6. Remedies.
In no case shall the plar,--4ng and zoning board In addition to any other remedy the city may
recommend the granting of a variance which will have at law or in equity, the city may seek tem-
result in a change of land use that would not be porary and:ermanent injunctive relief to prevent
permitted in the applicable zoning classification. or redress any violation of this chapter.
(e) Conditions. In recou.mending the greeting (Ord. No. 22 93, § 1(503.27), 7-6-93)
of any variance, the_planning andzoning_board- -Secs: 98.7-98-30. Reserved. -- - -- -
may prescribe appropriate conditions and safe-
guards in conformity with this chapter and any
ordinance enacted by the city. The board of ad- ARTICLE IL PLATS
justment may also, as a condition of approval,rec- •
ommend compliance with any site plan or other DIVISION 1. GENERALLY
specification submitted by the applicant when it
has relied upon such site plan or specifications in Secs. 98-31-98-35.. Reserved.
CD98:7
98-36 CAPE CANAVERAL CODE •
l ` •
DIVISION 2. PREAPPLICATION plan, and shall contain general information in-
cluding, but not limited to, the following:
sec. 98.36. Submittal and review procedures. (1) General information on the existing site
(a) In order to promote development of land conditions, water management facilities,
soil conditions,floodplain data,topography,
vithin the municipal boundaries of the city that
s harmonious with and otherwise in compliance trees and vegetation, adjacent community
facilities, utilities and surrounding prop
with the.comprehensive plan, surrounding devel
pment and all applicable codes, applicants for erty conditions.
ite plan approval are encouraged to utilize the (2) General description of the proposed devel-
,reapplcation conference and screening process opment including proposed number of lots,
.vat liable to all site plan applicants. The preappli• approximate lot width and depth, building
ation screening and conferences are intended to size and type. Proposed stages of develop-
.ssist the applicant in becoming more aware of . ment, if appropriate, should be shown.
_nd, therefore, more likely to comply with guide- - -
Ines applicable to the project for which a site plan (3) In sketch form, a plan showing the pro
ill be submitted. However, the applicant is a2.12.- posed pattern of streets,lots and water man
-
(ill
that the preapplication screening process agement facilities in relation to existing
s not intended to be a substitute for the formal natural conditions of the site and its sur
ite plan submittal and review procedures. Nor is rounding_.
expected that the applicant can rely upon con- (Ord. No. 22-93, § 1(503.03), 7-6-93)
itional approvals received during the preappli-
ation process as binding the city in any manner Secs. 98-3i-98-40. Reserved.
uring subsequent site plan submittal and review
rccedu_*es. DIVISION 3. PP.ELL•YIINARY PLAT
(b) Prior to the site plan submittal and review Sec. 98.41. Information required.
rocedures provided in section 110-221 et seq.,the
pplicant is encouraged to confer with the building (a) The following information shall be provided
epartment in order to review a preliminary cheek to the city a minimum of 30 days prior to the
st to assist the applicant in complying with cer meting at which the subdivision preliminary plat
lin requirements of the city Code. The checklist, will be reviewed by the planning and zoning board.
repared by the building department, will, at a (1) Letter requesting review of the prelimi-
Linimu:n, familiarize the applicant with state and nary plat under this division.
regulations and ordinances with which
site plan is expected to comply. This step does (2) Location map, sh_owi_ng the site in relation
of require an application fee nor the filing of a to the e ting community, including the
lat.While not mandatory,the preapplication prc- name of the development and its location
adur e, in order to be productive, should be uti- and main traffic arteries.
zed approximately ten days prior to formal site (3) Topographic;map, showing the proposed
Ian submittal by the applicant in accordance with layout of the streets,utilities,lots and other
ale provisions of this article. features, including a north arrow, in rela-
(c) The applicant will provide five copies of the tion to the existing conditions on a topo
rotosed sketch plan to the building departmer_. graphic survey.
ye days prior to the preapplication conference.• (4) Preliminary plat, sufficiently completed to
(d) The proposed sketch. planso provided shall
be recorded, showing easements, et
pntain a location map showing the relationship (5) Other preliminary plans, consisting of pro-
:. the proposed subdivision to existing and prof files showing existing ground surfaces and
used facilities as indicated in the comprehensive proposed street grades,including extensions
CD98:8
•
SUBDIVISIONS
§-98-42
•
for a reasonable distance beyond the limits (5) Ground elevations. On the tract, based on a
of the proposed subdivision; typical cross datum plane approved by the city engineer
sections of the proposed grading, drainage, as follows:
roadway and sidewalks; preliminary plan
of proposed sanitary sewers with grades and a For that land that slopes less than ap-
sizes included. proximately two percent, show spot el-
evations at all breaks in grade, along
(6) Draft of protective covenants, whereby the . all drainage channels or swales and at
subdivision proposes to regulate land use selected points not more than 100 feet
in the subdivision and otherwise protect the apart in all directions.
proposed development. If there is to be a b. For land that slopes more than approx.
homeowner's association established,copies imately two percent, either show con-
of the articles of incorporation and the by- tours with an interval of not more than
laws shall be provided. five feet,if ground slope is regular, and
•
(b) There shall be a minimum of nine copies of such information as is sufficient for
the documents listed in subsection (a) of this sec- planning purposes or show contours
with an interval of not more than two
tion submitted by the applicant.
feet, if necessary, because of irregular
(c) A.filing fee as established by the city in an land or need for more detailed data for
amount deemed necessary to cover the cost in- preparing plans and construction draw-
curred in reviewing and approving submittals ings.
shall accompany the application. (6) Subsurface conditions on tract.Location and
(Code 1981, § 503.03(A); Ord. No. 22-93, § results of tests made to ascertain subsur-
1(503.04(_A)), 7-6-93) face soil, rock and groundwater conditions;
depth to groundwater, unless test pits are
Sec. 98-42. Topographic data. dry at a depth of five feet; location and re-
sults of soil percolation tests, if individual
Topographic
ta, as required as a basis for the sewage disposalsystems are
subdivision preliminary plat in section 9843,shall
p proposed.
include existing conditions as follows,except when (7) Other conditions on tract. Watercourses,
otherwise specified by the planning and zoning marshes, rock outcrop, wooded areas, iso
board: lated preservable trees one foot or more in
diameter, houses, barns, shacks and other
(1) Boundary lines. Bearings and distances. significant features.
(2) Easements. Location, width and purpose. (8) Other conditions on adjacent land. Approx-
imate direction and gradient of ground
(3) Streets. On and adjacent to the tract; name slope, including any embankments or re-
and right-of-way width and for ion; type, -. taining walls; character and location of
width and elevation of surface--g; any le- buildings,railroads,power lines,towers and
gaily established centerline elevations; other nearby nonresidential land uses or
walks; curbs; gutters; culvers, etc. •
adverse influences; owners of adjacent un
(4) Utilities. On and adjacent to the tract; lo- platted land;for abutting platted land,refer
cation and size and invert elevation of santo subdivision plat by name, recording date
itary, storm and combined servers; location and number; and show approximate per
and size of water mins; location of gas cent buildup, typical lot size and dwelling
lines, fire hydrants, electric and telephone type.
poles and streetlights; if water mains and (9) Zoning. On and adjacent to the tract.
sewers are not on or adjacent to the tract, (10) Proposed public improvements. Highways
indicate the direction and distance to and or other major improvements planned by
size of nearest ones, showing invert eleva- public authorities for future construction
tion of sewers. on or near tract.
CD98:9
•
•
18-42 CAPE CANAVERAL CODE ' ;
•
11) Key plan. Showing location of the tract. (10) Vicinity map. Approximately 31/2 inches by
31/2 inches in size showingthe site in rela-
12) Photographs. Of the tract, at the request of
the planning and zoning board.
tion to the existing community. •
13) Title and certificates. Present tract desig (11) Drainage plan.
nation according to official records in office a. Proposed finished elevation of each
of appropriate recorder; title under which building site and the first floor level.
proposed subdivision is to be recorded with b. Proposed orderly disposal of surface
names and addresses of owners; notation water runoff with the system capabili-
stating acreage, scale, north arrow, datum, ties having a minimum ability to ac-
benchmarks, certification of registered civil commodate the first inch of rainfall; all
enzineer or surveyor, date of survey. swales and retention/detention areas
'ode 1981, § 503.07(A); Ord. No. 22-93, § will be located with grades and eleva-
503.0 7(A)), 7-6-93) tions provided. All swales and reten-
tion/detention areas shall bear a note
'c.
98-43. Scale; proposals. that they will be sodded.
c. All existing andIproposed drainage fa-
The preliminary plat (general subdivision plat) clities (culverts, pipes, etc.) with sizes
all be draw-n at.a uniform scale of not smaller and grades.
an one inch equals 100 feet. It shall show all d. Centerline elevation of any street con-
isting conditions required in section 98-42 and tigfous to the site. Unless waived by
all show all grades. The plat shall include the the city engineer and the building of-
(lowing:
£(lowing: . , ficial, first floor elevations shall be a
(1) Streets. Names, rights-of-way and roadway minimum of 12 inches above the crown
widths; approximate grades and gradient;
of the street.
similar ilaT data for alleys; if any. e. Location and method of linkage with
off-site drainage facilities/ditches to ac-
(2) Other rights-of-way or easements. Location, commodate the site's surface water
width and purpose. runoff outfall,including documents in-
(3) Location of utilities. If not shown on other dicating legal, access across private
property, if applicable. The city engi-
exhibits. neer and building official may vary the
(4) Lots. Lot lines, lot numbers and block num- detail required concerning subsections
hers. (11)a., c. and d. of this section.
(Code 1981, § 503.07(B); Ord. No. 22-93, §
(5) Flbiic use sites. If any, to be reserved or 1(503.07(B)), 7-6-93)
dedicated for parks, playgrounds or other -
public uses.
Sec. 98-44. Other preliminary plans.
(6) Other:sites. If any, for multi-family dwell-
ir_g_, shopping centers, churchesindustry The preliminary plat shall be accompanied by
proales showing the elevations of existing ground
or other nonpublic uses, exclusive of single
family dwellings. surface, proposed fill, proposed street grades, and
Proposed hornesites,including extensions for a rea-
r?) Setbacks. Minimum building setback lines.. sonanle distance beyond the limits of the proposed
(8) Size data. Including total acreage, numbersubdivision; typical cross sections of the proposed
acres in park.:, g:acing, roadway and sidewalk; the preliminary
of lots, typical lot size and •
plan of proposed sanitary and stormwater sewers
public open space, etc. with grades and sizes indicated; and information
(9) Other data. Owner, scale, north arrow and regarding the impact that a ten-year, 25-year and
date. 100-year flood with a 24-hour duration will have
CD98:10
• SUBDIVISIONS
§ 98-58
on the improved tract.All elevations shall be based obtained a construction permit, been granted one
on the N.G.V.D. of 1929. In addition, at the dis- six-month extension of time by the board on a
cretion of the planning and zoning board,a traffic demonstration of good cause, or made final plat
impact survey or analysis may be required. approval within six months of preliminary plat
(Code 1981, § 503.07(C); Ord. No. 22-93, § approval, the preliminary plat approval shall be
1(503.07(C)), 7-6-93) revoked and the applicant must re-apply under
the provisions of this chapter.
Sec. 98-45. City review. (Ord. No. 22-93, § 1(503.04(D)), 7-6-93)
(a) Upon the documents required under this di-
vision being presented to the city, the building Secs. 98.48-98-55. Reserved.
official shall review and forward to the city engi-
neer a copy of the location map, topographic map,
preliminary plat and such other documents as he . DIVISION 4. FINAL PLAT
deems appropriate to enable the city engineer to
review the subdivision and either approve the sub-
division or point out areas that are inadequate or Sec. 98.56. Conformance to preliminary plat.
improper. The city attorney shall review the pro-
tective covenants, articlesof incorporation and by- The subdivision final plat shall conform sub-
laws and shall make recommendations, if neces- stantially to the preliminary plat, as approved by
sary. • the planning and zoning board, and if desired by
the subdivider, it may constitute only that par-
(b) Within ten days, the city engineer will re- tion of the approved preliminary plat which he
turn in writing all comments,•recommendations proposes to record and develop at the time; pro-
and questions to the applicant.The applicant shall vided, however, that such portion conforms to all
• then have ten working days to comply with the requirements of this chapter.
city engineer's written request and submit the (Code 1981, § 503.05(_)(1); Ord. No. 22-93, §
inforn--ation as corrected and/or modified to the 1(503.05(A)(1)), 7-6-93)
city.
(Code 1981, § 503.03(B); Ord. No. 22-93, §
1(503.04(B)), 7-6-93) Sec. 98-57, Number of copies.
Nine copies of the subdivision final plat ex-
Sec. 98-46. Planning and zoning board pro-
cedure. hibits required for approval under this division
shall be prepared as s specified by this chapter and
The planning and zoning board shall review the by state statute.
subdivision preliminary plat and other material (Code 1981, § 503.05(A)(3); Ord. No. 22-93, §
submitted for conformity with this Code and may 1(503.05(A)(3)), 7-6-93)
negotiate on changes deemed advisable and shall
either express its approval or disapproval within
30 days. All recommendations, conditions and Sec. 98-58. Data required for final approval.
changes shall be noted on two copies of the pre-
liminary plat by the chairman of the board or The subdivision final plat shall be drawn by the
designated representative. Subdivider to conform to the requirements of the
(Code 1981, § 503.03(C); Ord. No. 22-93, § city council and the board of county commissioners
1(503.04(C)), 7-6-93) for approval and filing with the county clerk. Six
transparencies or printable copies of the final re-
Sec. 98.47. Time 1iTnit. corded plat shall be prepared by the subdivider
• for the records of the city and shall be submitted
The approval of a preliminary plat shall be valid to the city clerk with all appropriate fees to en-
for a period of six months. If an applicant has not able the city clerk to record the documents in the
CD98:11
•
§ 98.5.9. ` CAPE CANAVERAL CODE
public records of the county. The final plat shall standard scales and elevations and shall be
show the following: based on a datum plane approved by the
(1) Primary control points or descriptions and city engineer.
(Code 1981, § 503.08(A)(1)—(14), (B); Ord. No.
ties to such control points, to which all di
-
22-93,anles bearin 22-93, § 1(503.08(A)(1)—(14), (B)), 7-6-93)
g gs and similar data
on the plat shall be referred.
o Sec. 98-59: Documents required prior to ap-
(2) Tract boundary lines, right-of-way lines of proval.
streets, easements and other rights-of-way The following items shall be required before sub-
and property lines of residential lots and
other sites, with accurate dimensions, division final plat approval can be granted:
bear-
ings or deflection angles and radii, arcs and (1) A certificate from the city engineer certi-
central angles of all curves. fying the proposed subdivision is accept-
(3) Name and right-of-way width of each street • able.
•
or other right-of-way. (2) Either an irrevocable letter of credit, per-
•
(�) Location, dimension and purpose of anyformance bond or certified check which will
easement, p enable all unfinished improvements to be
accomplished by the city, if need be.
(5) Number to identify each lot and block. (3) Protective covenants in form for recording,
if
(6) Purpose to which sites are dedicated or re- required.
served. • (4) Certification of approval by the board
•
(7) Minimum building setback line on all lots council.
and other sites. (5) Other data as may be necessary which shall
(8) Location and desc_zption of monuments. be determined by the planning and zoning
board.
(9) Names of record owners of adjoining un- (Code 1981, §§ 503.05(B), 503.08(A)(15); Ord. No.
platted land, at the option of the planning 22-93, § 1(503.05(A)(15), (B)), 7-6-93)
and zoning board.
Sec. 98-60. Application for approval.
10) Reference to recorded subdivision plats of
adjoiningplatted land by record name,date Application shall be made for subdivision final
and number_ plat approval a minimum of two weeks prior to
the meeting at which it is to be considered.
11) Certification by redstered surveyor or reg- (Code 1981, § 503.05(A)(2); Ord. No. 22-93, §
istered engineer certifying to accuracy of 1(503.05(A)(2)), 7-6-93)
the survey or plat.
12) Certification of title showing that appli- Sec. 98.61. Recommendations of planning
cant is the land owner. and zoning board.
When all requirements under this division have
L3) Dedication statement by owner dedicating been satisfied,the planning and zoning board will
streets,rights-of-way, including waterways vote to recommend approval or disapproval of the
and all sites for public use. • subdivision final plat, and these recommenda-
tions will be submitted to the city council at the
I .4) Title, scale, north arrow and date on each
sheet. next regularly scheduled council meeting.The city
council shall vote, in resolution form, to either
.5) Cross sections and profiles of streets, accept or reject the board's recommendation.
showing grades approved by the dty engi- (Code 1981, § 503.05(C); Ord. No. 22-93, §
neer. The profiles shall be drawn to city 1(503.05(C)), 7-6-93) - ,
CD98:12
SUBDIVISIONS • § 98.73
•
Sec. 98-62. Recording. (2) Construction after final plat approval. The
The developer must record the subdivision final applicant shall submit construction plans
plat with the county and supply the city with and specifications as required in this
written proof of the recording, before a certificate chapter for subdivision improvements. The
plans and specifications shall be submitted
of occupancy will be granted.
(Code 1981, § 503.05(A)(4); Ord. No. 22-93, § with a final plat for approval and the ap
1(503.05(A)(4)), 7-6-93) plicant shall provide the security required
in section 98-59 for the performance of such
Secs. 98-63-98-65. Reserved. construction. This permit shall be for all
improvements which are to be constructed
after final plat approval.
(Ord. No. 22-93, § 1(503.09(1)), 7-6-93)
ARTICLE III. CONSTRUCTION
Sec. 98-71. Submission of construction plans
DIVISION 1. GENERALLY • .. and specifications.
The applicant requesting a permit under either
Secs. 98-66-98-68. Reserved. of the procedures described in section 98-70 shall
• furnish to the city five sets of plans and specifica-
DIVISION 2. PERMIT tions designed in accordance with the require-
ments of this chapter for the construction of the
Sec. 98-69. Required; penalty. roads, sidewalks, bikeways, drainage and water
It shall be unlawful for any.person to construct management facilities, utilities, lot filling and
other required improvements as described in sec
any improvement or any part of an improvement
ermit tion 98-86 et seq., including a master drainage
within a tract without a valid construction p
issued for such construction under the provisions map and subsoil investigation report.All consiruc
of this chapter. Each day a person constructs any tion plans and specifications must be designed,
subdivision improvement or part of an improve- signed and sealed by a professional engineer who
ment within the tract without a valid construc-
tion permit constitutes a separate offense under (Ord. No. 22-93, § 1(503.09(2)), 7-6-93)
this chapter. Sec. 98-72. Review.
(Ord. No. 22-93, § 1(503.09(8)), 7-6-93)
Upon receipt of the plans and specifications sub-
Sec. 98-70. Procedure. mitted pursuant to section 98-71, the city shall
forward two sets of the plans and specifications to
The applicant must obtain a single construction the city engineer. Within ten working days after
permit from the city for the construction of all receipt of such plans and specifications, the city
subdivision improvements. After approval of the engineer.shall review the submittal and submit
preliminary plat, the applicant may apply for a recommendations to the city. The city engineer
construction permit under either of the following shall review the plans and specifications for con-
procedures:: formity with the design of the preliminary plat
(1) Construction before final plat approval. The and the construction specification requirements
of this chapter and any other applicable policy,
applicant shall submit construction plans
and specifications, along with the security ordinance, law or regulation.
required in section 98-59,as required in this (Ord. No. 22-93, § 1(503.09(3)), 7-6-93)
chapter for subdivision improvements. A Sec. 98-73. Approval of plans and specifica
certificate of ownership shall accompanytions.
such plans and specifications.The improve-
ments covered under this permit shall be If a subdivision is to be provided potable water
completed prior to final plat approval; or or sanitary sewer service by an authority other
0 CD98:13
Meeting Type: Planning and
Zoning Board Meeting
Meeting Date: 5/10/06
AGENDA
Heading Final Replat
Item #2
No.
AGENDA REPORT
PLANNING AND ZONING
THE CITY OF CAPE CANAVERAL
SUBJECT: Final Replat Marbella Townhomes, Phase II
DEPT./DIVISION: Building Department
Requested Action:
Recommend to the City Council to approve/deny final replat.
Summary Explanation & Background:
The applicant has submitted a final replat for Marbella located on the south side of Adams Avenue between Magnolia and Orange
avenues. The replat will replat from one and a half lots into three lots.
Exhibits Attached: #1 Application, #2 Staff Reports and#3 Replat drawing.
City Planner's Office Department: Building Department
•
• APPLICATION FOR PLAT REVIEW
•
•
DATE OF SUBMITTAL: G -le---01,
•
. .
(NOTE: SUBMITTAL MUST BE SUBMITTED A mwar M OF 30 DAYS PRIOR TO
THE PLANNING & ZONING MEETING; PLAT MUST MEET THE REQUIREMENTS
OF SECTION 98-41 THROUGH 98-62).
IS THIS A PRELLMLNARY PLAT, RE-PLAT, OR FINAL PLAT? irr'i4 L
AMOUNT OF k LLLN-G FEE PAID: $.39 ,15 G
AMOUNT OF ENGINEERING DEPOSIT PAID: S 7GQ;Q 0 .
DID BREV ARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE
REQUEST FOR STREET NAME, IF APPLICABLE? (NOTE: THIS NEEDS TO BE
DONE PRIOR TO SUBMITTAL). YES NO • N.A. 4/
PROJECT NAME: 11l /J-.gi -- L L 4 () Li)10 M E S
PROJECT ADDRESS: 31') 3 19 -- 3a/ no,,,,, s .t.5F cc fz.
LEGAL DESCRIPTION: ILL a F 4-r- 6 ,--r#&-- L) AILr 0 ;4-
0 WNER(S)
4-0WNER(S) NAME: cL c, ...); S IZ SAV 4) ICE--7_
OWNER(S) ADDRESS: ; 322-1.5.-- ,D,9. 1i 5 4- c, E L. C /-1- 32-Y2U
PROJECT ARCHITECT/ENGL\iER: C41/ i= -��' 2 g Cor-47 ?;e4z-ze._ SC-,/L ve- ,��
I 6_
PHONE NO. OF ARCHITECT/ENGLNEER: `f S3-- SL c 'L75-3 --S8z
APPLICANT(S) (J____SIGNATURE: `- . .--)�, sem-- c_, .
/ OWIN-ERJAGENT
--PHONE NUM3ER OF-OWNER/AGENT-': 7,477 - :- f Y - - -
City of Cape Canaveral
Marabella Townhomes
Final Replat
Applicant: Jim Morgan
Location: Range: 37 Township: 24 Section: 23
Acreage: .21 +1- acres
Permitted Number of Units: 3 Dwelling Units
Proposed Number of Units: 3 Townhome Units
Current Future Land Use: Residential R-2
Current Zoning: Residential R-2
Description:
The applicant desires to use the property for residential townhome use in a residential R-2 zone.
The subject property itself is vacant located on the south side of Adams Avenue.
North South East West
Zoning R2 Residential R2 Residential R2 Residential R2 Residential
Comp Plan R2 Residential R2 Residential R2 Residential R2 Residential
Existing Residential Residential Residential Residential
Conditions
Townhome Requirements: Required Provided
Minimum Lot Area 6,250 sq. ft. 9,238 sq. ft.
Minimum Lot Area 1,600 sq. ft. 2,480 sq. ft.
Minimum Lot Width 20 feet 20.01 feet
Minimum Lot depth 70 feet 123.58 feet
Public Services and Facilities in Amendment Area:
The impact on public services for three (3) residential unit is, the Level of Service for parks and
recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24)
acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000
residents. The City's population as of April, 2003 was 9,496. This is still adequate park space
available.
The traffic on North Atlantic is operating at Level of Service "D" with 179 available peak hour
trips between North Atlantic and Central Blvd. North Atlantic south of Central Blvd is operating
at a level of service "D" with 224 available peak hour trips from Central Blvd to Al A. The
maximum peak-hour volume acceptable is 810 representing a LOS of "E". The proposed
development with 3 dwelling units could generate 1 or 2 additional peak hour trips per day and
this would not create a traffic deficiency.
The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity
is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity
of.54 MGD. The development would generate 750 gallons per day (GPD). There is adequate
wastewater treatment capacity available.
The City of Cocoa has a total potable water capacity of 56 MGD and currently provides 48
MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6
MGD available. The development would consume 900 GPD. There is adequate potable water
service available with the proposed change.
Brevard County provides facilities for solid waste disposal. At this time, the County does not
foresee any deficiency with their solid waste facilities.
Environmental Description of Amendment Area:
The subject parcel has Ga — Galveston Urban upland soil associated with urbanizing conditions
well drained. There are no known wetlands, floodplains or- endangered species currently
identified on site.
Historical and Archaeological Resources in Amendment Area:
There are no known historical or archeological resources on site.
Population Projections and Trends:
The average single family dwelling unit may contain 2.37 persons per unit or 7 persons. This
should not have a significant affect on the population projections.
65/03/2006 00:22 321-783-7065 STOTTLER PAGE 02
SSA
•
May 1, 2006
Mr, Todd Peetz, A,LC.P.
Miller-Legg &Associates, Inc..
631 South Orlando Avenue, Suite 200
Winter Park, FL 32789
RE: Final Plat Review—Marbella Townhomes Phase Two - Review#1
SSA Job No. 05-0025, Task 022-1003
Dear Mr, Peetz:
SSA has reviewed the submitted final plat for the above referenced project. Based on our review, SSA
recommends said plat for City approval.
This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction
over the project site. Should you have any questions regarding this letter, please do not hesitate to call.
• ncerely,'
David Roy nes, PLS
Chief Surveyor
DRJ:uIs
Cc: Susan L. Chapman
City Engineer's Review Fee For Review#1—$500.00
NOTICE OF ADDITIONAL FEES
As this project is being reviewed under the original City contract,
Engineering Fees for all reviews after 2nd review will be billed at$95.00 per hour.
STOYILER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS,INC.
8680 North Atlantic Avenue P.0.Box 1630 Cape Canaveral,Florida 32920 Tel 321-783-1320 Fax 321-783.7065
u:ljaan @ort aldrviAprejeclslcapoltmarhella lownhomes Lncl plat reidPAC000329 #EB0000762 #LB0006700
Todd Peetz
From: John Cunningham (jcunningham@ccvfd.org]
Sent: Monday, May 01, 2006 8:49 AM
To: Todd Peetz
Subject: Re: Final Replat Marballa
Todd,
I have reviewed the replat and have no comment at this time.
4
5/3/2006
MEMORANDUM
TO: Todd Morley,
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
RE: Marbella Town Homes
Re-Plat Review
DATE: April 4, 2006
The Public Works Department has reviewed the re-plat of the above project and
all previously comments has been addressed. The Public Works Department does
not have any further comments or concerns of the Re-Plat.
Memorandum
To: Todd Morley, Building Official
From: Todd Peetz, City Planner
Date: April 26, 2006
Re: Marbella Townhomes Final Replat
I have reviewed the Marbella Final Replat and do not have any further
comments at this time.
If you have any questions, or need further information please feel free to
contact me at 407-629-8880.
Meeting Type: Planning&
Zoning
Meeting Date: 5/10/06
AGENDA
Heading Review and Recommend
Item #3
No.
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANAVERAL
SUBJECT: Review and Recommend Ordinance 03-2006 Amending Alcoholic Beverage Regulations
DEPT./DIVISION: Building Department
Requested Action:
Review and recommend to City Council Ordinance 03-2006 allowing patrons to remove one unsealed bottle of wine when purchased
with dinner. Also allowing for temporary alcoholic beverage permits for convention halls, coliseums and similar type buildings.
Summary Explanation & Background:
The purpose of the first part of the ordinance change is to allow patrons to take home partially consumed bottles of wine to drink at
home. The idea is to discourage patrons from feeling the need to fmish a whole bottle of wine before heading home. The second
part of the ordinance which is being changed is to allow for temporary alcoholic beverage permits. These permits are temporary and
coincide with a special event like a convention and nonprofit civic organizations.
Exhibits Attached:
1) Proposed Ordinance 03-2006
Planning Official's Office Department
ORDINANCE NO. 03-2006
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA; AMENDING CHAPTER 110, ARTICLE IV,
DIVISION 2, REGARDING ALCOHOLIC BEVERAGES;
PROVIDING FOR PATRONS OF RESTAURANTS LICENSED
TO SELL ALCOHOLIC BEVERAGES TO REMOVE ONE
UNSEALED BOTTLE OF WINE FROM THE PREMISES IF
PURCHASED AND PARTIALLY CONSUMED WITH A FULL
COURSE MEAL; PROVIDING FOR THE ISSUANCE OF
TEMPORARY ALCOHOLIC BEVERAGE PERMITS FOR
CERTAIN CONVENTION HALLS, COLISEUMS, AND
SIMILAR TYPE BUILDINGS,AS WELL AS FOR CERTAIN
NONPROFIT CIVIC ORGANIZATIONS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS;INCORPORATION INTO 1'HE 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,the City Council and Planning and Zoning Board,as part of a comprehensive
review of the City's Code of Ordinances, has reviewed Chapter 110, Zoning, and determined on
February 21, 2006, that revisions are required to clarify Chapter 110 with regard to alcoholic
beverages; and
WHEREAS, section 546.09,Florida Statutes, allows for patrons of restaurants licensed to
sell wine on the premises to remove one unsealed bottle of wine for consumption off the premises
if certain requirements are met; and
WHEREAS, sections 561.421 and 561.422, Florida Statutes, allow for the temporary
issuance ofpermits for on-premises consumption of alcoholic beverages for certain convention halls,
coliseums, and similar type buildings, as well as for certain nonprofit civic organizations; and
WHEREAS,the City Council desires to amend Chapter 110 of the City Code with regard
to alcoholic beverages in order to make its code consistent with Florida law; 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.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County,Florida, as follows:
City of Cape Canaveral
Ordinance No.03-2006
Page 1 of 5
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,Zoning,of the Code of Ordinances,City of Cape
Canaveral,Florida,is hereby amended as follows(underlined type indicates additions and strikeeut
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 IV. SPECIAL EXCEPTIONS
* * *
DIVISION 2.ALCOHOLIC BEVERAGES
Sec. 110-171. Establishments serving alcoholic beverages.
(a) Establishments which shall require a special exception under this chapter by the
board of adjustment are those,whether or not licensed by the state Department of Business
and Professional Regulation,Division ofAlcoholic Beverages and Tobacco,which dispense,
sell, serve, store or permit consumption on the premises of alcoholic beverages. In
consideration of a special exception application,the board of adjustment shall not approve
the application unless it is totally consistent with all the conditions as set forth in this section
and also the following:
(2) The establishment,if licensed by the state division of alcoholic beverages and
tobacco to permit on-premises consumption of beverages,shall not be located within
2,000 feet of another licensed establishment. The distance shall be measured as the
shortest linear distance between the property line of the establishment which
proposes to provide for the sale and consumption of alcoholic beverages and the
property line of any establishment which currently provides for the sale and
consumption of alcoholic beverages. Further, the establishment shall be in
compliance with the Florida beverages laws(F.S. chs. 561 through 568). Provided,
however, exceptions to this subsection 110-171)(aX2) are:
City of Cape Canaveral
Ordinance No.03-2006
Page 2 of 5
(c) Restaurants licensed by the state division of alcoholic beverages and
tobacco for malt beverages only or malt beverages and wine only,provided
the following are complied with:
(2) Consumption of food and malt beverages err wine shall be on
• premises only; however, food carryout without the alcoholic
beverages malt beverages may be permitted. Further, in accordance
with Florida law, one unsealed bottle of wine may be removed for
consumption off premises if purchased and partially consumed with
a full course meal consisting of a salad or vegetable, entree, a
beverage, and bread. A partially consumed bottle of wine to be
removed from the premises must be securely resealed by the licensee
or its employees before removal from the premises and shall be
placed in a bag or other container that is secured in such a manner
that it is visibly apparent if the container has been subsequently
opened or tampered with. A dated receipt for the bottle of wine and
full course meal shall be provided by the licensee and attached to the
container. If transported in a motor vehicle, the container with the
resealed bottle of wine must be placed in a locked glove
compartment, a locked4k4r the area behind the last upright seat
of a motor vehicle that is not equipped with a trunk.
A00-
Sec. 110-172. Temporary Alcoholic Beverage Permits. Reserved:
Upon approval of the city manager or the city manager's designee:the Division of
Alcoholic Beverages and Tobacco may issue temporary permits without a special exception
for the on-premises consumption of alcoholic beverages for the following:
(1) Conventions. In convention halls, coliseums, and similar type buildings
where there is an existing beverage license,the director of the Division of Alcoholic
Beverages and Tobacco may,in his or her discretion,issue a permit for not more than
five(5) calendar days for the display by manufacturers or distributors of products
licensed under the provisions of chapters 561 through 568,Florida Statutes,and may
authorize consumption of such beverages on the premises only.
(2) Nonprofit civic organizations. Upon receipt of the appropriate city-issued
-194klins permit the director of the Division of Alcoholic Beverages and Tobacco
may issue-a peg authorizing a bona fide nonprofit civic organization to sell
alcoholic beverages for consumption on the premises only,for a period not to exceed
City of Cape Canaveral
Ordinance No. 03-2006
Page 3 of 5
• three(3)days. All net profits from sales of alcoholic beverages collected during the
permit period must be retained by the nonprofit civic organization. Any such civic
organization may be issued only three (3)such permits per calendar year.
(b) Any person or entity issued a temporary alcoholic beverage permit pursuant to this
section shall be subject to the provisions of Chapter 6 of the city code,Alcoholic Beverages,
as amended from time to time, including, but not limited to,hours of operation and nudity
on the premises.
Secs. 110-1713-110-190. Reserved.
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 otherreason,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.
ADOPTED by the City Council of the City of Cape Canaveral,Florida, this day of
, 2006.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog
Jim Morgan
Leo Nicholas
SUSAN STILLS, City Clerk Rocky Randels
Buzz Petsos
First Reading:
Legal Ad published:
Second Reading:
City of Cape Canaveral
Ordinance No.03-2006
Page 4 of 5
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No.03-2006
Page 5 of 5
Meeting Type: Planning&
Zoning
Meeting Date: 5/10/06
AGENDA
Heading Review and Recommend
Item #4
No.
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANAVERAL
SUBJECT: Review and Recommend Ordinance 04-2006 clarifying the number of hotel units required
in the C-1 Zoning District
DEPT./DIVISION: Building Department
Requested Action:
Review and recommend to City Council Ordinance 04-2006 clarifying the minimum number of hotel units permitted in the C-1
zoning district.
Summary Explanation & Background:
The purpose of the ordinance change is to clarify the minimum number of hotel units permitted on site. Presently a property owner
is required to have 150 hotel or motel units with a minimum of 5 acres. This number and amount was not clearly shown in the
code. The proposed change is for clarification purposes only and still requires 150 dwelling units minimum and 5 acres minimum
site.
Exhibits Attached:
1) Proposed Ordinance 04-2006
Planning Official's Office Department
ORDINANCE NO. 04-2006
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CODE OF ORDINANCES, CLARIFYING THE PERMITTED
USES AND STRUCTURES IN THE C-1 LOW DENSITY
COMMERCIAL ZONING DISTRICT WITH REGARD TO
HOTELS AND MOTELS; MAKING CONFORMING
AMENDMENTS;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,the City Council and Planning and Zoning Board, as part of a comprehensive
review of the City's Code of Ordinances, has reviewed Chapter 110, Zoning, and determined on
February 21,2006,that revisions are required to clarify Chapter 110 with regard to hotels and motels
as a permitted use in the C-1 Low Density Commercial zoning district; and
WHEREAS, it is the City's desire that any hotels or motels constructed in the C-1 Low
Density Commercial zoning district have a minimum of 150 units; 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.
BE IT ORDAINED 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,Zoning,of the Code of Ordinances, City of Cape
Canaveral,Florida,is hereby amended as follows(underlined type indicates additions and sti ikcout
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapter 110,Zoning. It is intended that the text in Chapter 110,Zoning,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
City of Cape Canaveral
Ordinance No. 04-2006
Page 1 of
* * *
ARTICLE VII. DISTRICTS.
DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT
* * *
Sec. 110-332. Principal uses and structures.
In the C-1 low density commercial district,the following uses and structures are permitted:
* * *
(4) Hotels;or motels with a minimum of 150 rental units. In no case shall there
be more than 30 rental units per net acre nor shall a rental unit have a floor area less
than 300 square feet. Hotel and motel units containing provisions for cooking or
light housekeeping shall have a minimum floor area not less than 400 square feet.
Motels and hotels may not be converted to other types of dwellings at more than the
density required in this chapter for such dwellings.
* * *
Section 3. Conforming Amendments to Chapter 110,Article IV,Division 2. The following
amendment to section 110-171, City Code, is made in conformance with the above-referenced
amendment and is necessary to implement the clarification set forth in Section 2 of this Ordinance
(underlined type indicates additions and strikeout type indicates deletions).
CHAPTER 110. ZONING
* * *
ARTICLE IV. SPECIAL EXCEPTIONS
* * *
DIVISION 2.ALCOHOLIC BEVERAGES
Sec. 110-171. Establishments serving alcoholic beverages.
(a) Establishments which shall require a special exception under this chapter by the
board of adjustment are those, whether or not licensed by the state Department of Business
City of Cape Canaveral
Ordinance No. 04-2006
Page 2 of 5
and Professional Regulation,Division of Alcoholic Beverages and Tobacco,which dispense,
sell, serve, store or permit consumption on the premises of alcoholic beverages. In
consideration of a special exception application, the board of adjustment shall not approve
the application unless it is totally consistent with all the conditions as set forth in this section
and also the following:
* * *
(2) The establishment,if licensed by the state division ofalcoholic beverages and
tobacco to permit on-premises consumption ofbeverages,shall not be located within
2,000 feet of another licensed establishment. The distance shall be measured as the
shortest linear distance between the property line of the establishment which
proposes to provide for the sale and consumption of alcoholic beverages and the
property line of any establishment which currently provides for the sale and
consumption of alcoholic beverages. Further, the establishment shall be in
compliance with the Florida beverages laws (F.S. chs. 561 through 568). Provided,
however, exceptions to this subsection 110-171)(a)(2) are:
* * *
(b) Hotels and motels which are approved in accordance with City Code
•
* * *
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.
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.
City of Cape Canaveral
Ordinance No. 04-2006
Page 3 of 5
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance No. 04-2006
Pa'te 4 of 5
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2006.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog
Jim Morgan
Leo Nicholas
SUSAN STILLS, City Clerk Rocky Randels
Buzz Petsos
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 04-2006
Page 5 of
Meeting Type: Planning&
Zoning
Meeting Date: 5/10/06
AGENDA
Heading Review and Recommend
Item #5
No.
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANAVERAL
SUBJECT: Review and Recommend Ordinance 05-2006 clarifying that no structure may be occupied
until the building official has issued a certificate of occupancy
DEPT./DIVISION: Building Department
Requested Action:
Review and recommend to City Council Ordinance 05-2006 clarifying that no structure may be occupied until the building official
has issued a certificate of occupancy.
Sununary Explanation & Background:
The purpose of the ordinance change is to clarify the building official's role of issuing a certificate of occupancy and that no
building or structure may be occupied without such certification minimum number of hotel units permitted on site. .
Exhibits Attached:
1) Proposed Ordinance 05-2006
Planning Official's Office Department
ORDINANCE NO. 05-2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA,AMENDING CHAPTER 110,
ARTICLE III,DIVISION 3,REGARDING CERTIFICATES OF
OCCUPANCY; CLARIFYING THAT NO STRUCTURE
SHALL BE USED OR OCCUPIED UNTIL THE BUILDING
OFFICIAL HAS ISSUED A CERTIFICATE OF OCCUPANCY
THEREFOR; 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,the City Council and Planning and Zoning Board,as part of a comprehensive
review of the City's Code of Ordinances, has reviewed Chapter 110, Zoning, and determined on
February 21, 2006,that revisions are required to clarify Chapter 110 with regard to certificates of
occupancy; and
WHEREAS,the City Council desires to amend Chapter 110 of the City Code with regard
to certificates ofoccupancy in order to make the code consistent with the Florida Building Code's
provision related to certificates of occupancy; 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.
BE IT ORDAINED 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,Zoning,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):
City of Cape Canaveral
Ordinance No.05-2006
Page 1 of 3
CHAPTER 110.ZONING
* * *
ARTICLE HI.ADMINISTRATION AND ENFORCEMENT
* * *
DIVISION 3.CERTIFICATE OF OCCUPANCY
Sec. 110-121. Required.
No building or structure shall be used or occupied,and no change in the existing occupancy
classification of a building or structure or portion thereof shall be made until the building official has
issued a certificate of occupancy therefor. Issuance of a certificate of occupancy shall not be
construed as an approval of a violation of the provisions of the city code or any other applicable law.
• • . ..' .' . .. . • I • . • . - Pp • . , . . •1
'
.• • •: . • - . . • - -- . - • ; - - . . ._ - . .. • • _ . . . . .., .• : : . ..
•
. .1 • 1 . ... . . I . - .. . . • • . . . • • ••• . • • . . . II• I .
•
• . ' . '. . . • ; .•' i'n:. . . ■ -- - . .., - , - - • • • . .- - • ...• - • . •--, ' - . ."
II • . . .. . _ • • • . ... • ,. . . . . . • . , • • - .
•
.- - • .; - ., •7 ••• i'n: . ... - - . ; a - . ...- - . .- . - . • .. .a . . . u •'
this chapt11 If issuance of such certificate is refused,the building official shall state such refusal in
writing with the reason.A temporary certificate of occupancy may be issued by the building official
for a period not exceeding six months during alterations or partial occupancy of a building pending
its completion,provided that such temporary certificate may require such conditions and safeguards
as will protect the safety of the occupants and the public.
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.
City of Cape Canaveral
Ordinance No. 05-2006
Page 2 of 3
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 day of
,2006.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog
Jim Morgan
Leo Nicholas
SUSAN STILLS, City Clerk Rocky Randels
Buzz Petsos
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for - ----
the City of Cape Canaveral only:
ANTHONY A. GARGANESE,City Attorney
•
City of Cape Canaveral
Ordinance No.05-2006
Page 3 of 3
Meeting Type: Planning&
Zoning
Meeting Date: 5/10/06
AGENDA
Heading Review and Recommend
Item #6
No.
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANAVERAL
SUBJECT: Review and Recommend Proposed Sign Code Ordinance
DEPT./DIVISION: Building Department
Requested Action:
Review and recommend to City Council the proposed sign code ordinance which provides for a review and
changes in definitions, amending certain regulations, amending and repealing inconsistent sections.
Summary Explanation & Background:
The purpose of the ordinance change is to further clarify the existing ordinance, amend and repeal
inconsistencies within the existing code.
Exhibits Attached:
1) Proposed Sign Code Ordinance
Planning Official's Office Department
D
/*
ORDINANCE NO. -2006
AN ORDINANCE OF THE CITY COUNCIL OF 1'HE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 94, SIGNS, OF THE CODE OF ORDINANCES;
REVISING THE PURPOSE AND SCOPE OF THE
CHAPTER; MODIFYING DEFINITIONS; PROVIDING
FOR THE REGULATION OF TEMPORARY SIGNS;
AMENDING THE SIGN APPLICATION AND PERMIT
PROCEDURES; AMENDING APPENDIX B SCHEDULE OF
FEES RELATED TO SIGN PERMIT FEES; MAKING
CONFORMING AMENDMENTS; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY,AND 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, through the enactment of this Ordinance, the City Council desires to
preserve and improve the quality of urban life and aesthetics within the City of Cape Canaveral.
See Members of the City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Metromedia,
Inc. v. City of San Diego,453 U.S. 490(1981); and
WHEREAS, the City Council finds that the limitations on temporary signage within the
City of Cape Canaveral, as provided herein, are unrelated to viewpoint and the content of any
message, and will further the City's legitimate and substantial government interest in minimizing
sight pollution and traffic and safety hazards to persons and property during high winds; and
WHEREAS, the City Council finds that the goals of this Ordinance are unrelated to the
suppression of free expression; and
,, WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake
Wales v. Lamar Advertising Ass'n of Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of
Douglasville, Ga., 975 F. 2d 1505 (11 Cir. 1992); and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is
in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
BE IT ORDAINED 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.
City of Cape Canaveral
Ordinance -2006
Page 1 of 16
Section 2. Code Amendment. Chapter 94 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 94. It is intended that the text in Chapter 94 denoted by the asterisks
and set forth in this Ordinance shall remain unchanged from the language existing prior to
adoption of this Ordinance):
CHAPTER 94. SIGNS
ARTICLE I. IN GENERAL
Sec. 94-1. 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:
* * *
Off-site or off-premises sign means a sign identifying an activity which is not on the premises
where the sign is located or products or services which are not available on the premises where
the sign is • . - . -. - . . - . - . ..- . - - : . - . .
located.
On-site or onpremises sign means a sign (1) identifying an activity conducted or products or
services available on the premises where the sign is located, or (2) displaying a noncommercial
message or (3) any combination of the first two. : . _. .. . . _. - . - . -- , -..• -
which it is located.
election,
* * *
* * *
lesated-
- - . .. .. ... .. .. ." • , - •., _ . .. • -
Sign means any surface, fabric, device or display, whether illuminated or non-illuminated,
designed to identify, announce, direct or inform, and that :.:: '.: ..- - - - : • I:,
City of Cape Canaveral
Ordinance -2006
Page 2 of 16
. . . .. _. - - - - .. -.. . - -: _-, .. ..
' ' placed out-of-doors in view of the general public. For purposes of this Chapter, the
term "sign"includes all structural members.
political or non political office, referenda, propositions, tit
_. - • - - - .•_ , 1F F es, levy or any other issue(s) that
Temporary signs means a sign displayed before, during or after an event or occurrence scheduled
at a specific time and place. .. _: .. . : ^' •_ _ _
- ... . .. _ - . - . , . . : ••:" , . . _ . . . . .
Sec. 94-2. Purpose and scope.
(a) The purpose of this chapter is to regulate the number, size, type, use, design, construction
and location of signs within the City. These regulations are established in order to promote the
overall economic well-being of the City,while at the same time providing for the health,that-will
protect the safety and welfare of the public by reducing the adverse effects of signs on safety,
property values, traffic,and the enjoyment of the scenic beauty of the City. These regulations
are intended to avoid excessive competition and clutter among sign displays in the demand for
public attention, eliminate dangerous, dilapidated and unsightly signs and provide for adequate
maintenance and inspection of signs within the corporate limits of the City, consistent with
constitutional guarantees and while providing for adequate opportunities for effective means of
communication. . .. . . ., _ • • _ - - • • . . . -- _ .. . _...•.
- , -- -
(e For purposes of Phis chapter, is also intended to permit ea promises pefrnanent signs
within the-eity;-and any lawful sign may display a noncommercial message in addition to, or in
lieu of, any other message. - : _ ,.,-_. - . • .•... ; _ noncommercial speech shall be
deemed to be an on-premises. Nothing in this chapter shall ho decmod to be an on premises.
Nothing in this chapter shall be construed to regulate the content of the message displayed on
any sign.
City of Cape Canaveral
Ordinance _-2006
Page 3 of 16
* * *
Sec. 94-4. Exemptions.
The following signs are excluded from the operation of this chapter unless otherwise noted:
(1) Decals affixed to or signs painted on equipment, fuel pumps or other types of vending
equipment ...-. _ - .' _. .
(2) Signs wholly within a building or enclosed space, excluding window signs (see section 94-
1, definitions);
(3) One sign or tablet per building, of four square feet or less when cut into any masonry
surface or when constructed of bronze or other incombustible materials and attached to the
surface of the building; • • ._- . ,, .. - , , ,, , _ „ - _ _, .. : .. : _ -
(5 4) Bulletin boards, not to exceed two, each not over eight square feet in area-fer pubfi-s
.•. : •- . . . . . .. - .... . . - . . '.
�'. , .•. • _ • . -• .- _. . .. - .. .. _ •• _ , - .. . . .. . .
nefi$
... _ . .. . . . . . .. .. ... . ... ... . . .. . .. -. •• •- •
and-94-98;
(10 Traffic control device sign .. .... . '.. . - . - . - ,., -- -
in, out, etc. when less than one square foot in size.and not exceeding two feet in height;
(4-1- Window signs that do not exceed 25 percent of the total individual glazed area and are
placed in the upper or lower half of the individual glazed area. Further, the sales transaction area,
City of Cape Canaveral
Ordinance -2006
Page 4 of 16
as well as any other areas that may be deemed as necessary for viewing for safety purposes by a
law enforcement agency, shall not be obstructed from view from the outside of the building; and
Sec. 94-6. Prohibited Signs and features.
The following signs and features are strictly prohibited:
(a) Signs on utility poles and trees. Signs, regardless of whether exempt from permit
requiremen , •- . : • • .. •=- , are prohibited on public utility poles or trees.
* * *
(g) Off premise signs. Merchandise displays on rights of way. Permanent, temporary,
portable or movable signs or displays of merchandise located on any street, sidewalk, alley, or
right-of-way are prohibited. • •- - - _ .. . - „ -- _ _ •- ..- • . . --
•
. . . . _ . . -, • ... . .. . . . . .., •_ - •- ..- . .. •- - . . - --
designed to attract attention thereto. However, t prel�itien against the use of the streets for
(h) Off-premise signs. •. - . . • • - . - , _ . -•• - _ . • .
* * *
(r) Temporary signs, unless specifically authorized under this Chapter mentioned in this
&ode.
* * *
ARTICLE H. PERMITS AND INSPECTIONS
* * *
City of Cape Canaveral
Ordinance -2006
Page 5 of 16
Sec. 94-32. Application for permit; review time limits.
Application for a permit required under this aftiele chapter shall be made upon forms
provided by the building department and shall contain or have attached the information required
on the form. The building official shall grant or deny the sign permit application within forty-
five (45)days from the date that a completed application and permit fee was filed with the City.
Sec. 94-33. Issuance of permit.
(a) Upon the receipt of a completed building permit application and upon payment of the
appropriate building permit fee by the applicant, the building official shall promptly conduct an
investigation of the application, the proposed sign and the premises. vaI is received
* * *
(d) Any person denied a building permit for signs may file as a matter or right a written
notice of appeal to the construction board of adjustment within ten calendar days after rendition
of the denial pursuant to the provisions of section 94-33. The construction board of adjustment
shall hold a hearing and decide the appeal within 30 calendar days from the date the notice is
received by the construction board of adjustment. The appellant shall be afforded minimum due
process including, but not limited to, the right to notice of the hearing, a fair opportunity to be
heard in person and through counsel, to present evidence, and to cross-examine witnesses. The
decision of the construction board of adjustment shall be final. No further exhaustion of
administrative remedies shall be necessary for judicial review of the administrative action. Any
person aggrieved by a final decision of the construction board of adjustment may immediately
appeal the decision as a matter of right by filing an appropriate pleading with a court of
competent jurisdiction. A prompt review and decision shall be rendered by the court. An
The record of the hearing shall consist of the complete record of the
proceedings before the construction board of adjustment.
Sec. 94-34. Revocation of permit.
The building official is authorized and empowered to revoke any permit issued under this article
for failure of the permittee to comply with any of the sections of this chapter. Such revocation
shall be in writing and shall show cause for the revocation notice. Within seven days after the
mailing of notice, the permit holder may request, in writing to the city manager, €er a hearing
before him the construction board of adjustment to show cause why the permit should not be
revoked. The construction board of adjustment shall hold a hearing and decide the appeal within
30 calendar days from the date the notice is received by the city manager. The permittee shall be
afforded minimum due process including, but not limited to, the right to notice of the hearing, a
City of Cape Canaveral
Ordinance _-2006
Page 6 of 16
fair opportunity to be heard in person and through counsel, to present evidence, and to cross-
examine witnesses. The decision of the construction board of adjustment shall be final. No
further exhaustion of administrative remedies shall be necessary for judicial review of the
revocation decision. Any person aggrieved by a final decision of the construction board of
adjustment may immediately appeal the decision as a matter of right by filing an appropriate
pleading with a court of competent jurisdiction. A prompt review and decision shall be rendered
by the court. The record of the hearing shall consist of the complete record of the proceedings
before the construction board of adjustment. Within ten days from the hearing date, the city
Sec. 94-35. Fees.
Permit and inspection fees for the erection alteration or relocation of a sign, exclusive of any
costs for an electrical permit, shall be set forth in appendix B schedule of fees to this Code and
shall include fees for the following:
(1) In addition, fees for signs are calculated by using contract amount consistent with
the city's schedule of fees;
(2) Re-inspection; and
(3) If any person commences any work before obtaining the necessary permit, all fees
shall be doubled.
For political signs, see section 94 78.
* * *
ARTICLE III. SIZE,LOCATION AND CONSTRUCTION
* * *
DIVISION 2. TYPES OF SIGNS
Sec.94-76. Temporary on-premises signs.
(a) Temporary on premises signs shall be permitted under the following conditions:
(1) Provided the temporary sign satisfies all the requirements of this section, no
permit shall be required under section 94-31.
(2) Temporary signs shall be non-illuminated, free standing signs.
(3) Temporary signs shall be removed within threej3) days after the date upon which
the sign has fulfilled its purpose(e.g., the scheduled event or occurrence has concluded).
City of Cape Canaveral
Ordinance -2006
Page 7 of 16
(4) Temporary signs greater than four (4) square feet shall be permitted for a period
of up to sixty (60) days once a year, per event or activity. The display period for
temporary signs greater than four (4) square feet shall not run consecutive with another
display period and must be separated by a period of no less than sixty(60) days.
(5) On residential property, no one temporary sign shall exceed six (6) square feet
and the total number of temporary signs on any one residential property shall not exceed
three (3).
(6) On non-residential property, no one temporary sign shall exceed thirty-two (32)
square feet and the total area of temporary signage on any non-residential property shall
not exceed ninety-six (96)square feet.
(7) Temporary signs may be double faced (back-to-back) and only one side of a
double faced sign shall be counted for sign area calculations.
(8) The maximum height of any temporary sian shall be four (4) feet on residential
property, or eight(8) feet on any non-residential property.
(9) Minimum setbacks for any part of the temporary sign structure shall be a
minimum of five (5) feet from any right-of-way and twenty-five (25) feet from any other
adjoining property line, except the streets listed below shall have the following set backs:
Minimum Setback
Street from Right-of-Way
Astronaut Boulevard(SR AlA) 50 feet
Old State Road 401 10 feet
Ridgewood Avenue 10 feet
(10) No temporary sign shall be placed within the right-of-way unless approved by the
city manager. No temporary sign shall be placed within the visibility triangle or posted
on a tree or utility pole.
(11) The temporary sign shall be constructed of sturdy material such as wood, hard
plastic, vinyl, masonite or particle board of sufficient thickness so as to withstand the
weather elements commonly experienced within the City. Cardboard and paper faced
temporary signs are strictly prohibited unless it is safely fastened, in its entirety, to a
backing made of material set forth in this section.
(b) In addition to the general requirements in subsection (a), the following requirements shall
apply to the specific types of signs listed below:
(1) Areas under development, such as shopping centers, apartments, condominiums
and subdivisions, shall be permitted one (1) non-illuminated sign not to exceed a sign
area of sixteen (16) square feet on residential property and thirty-two (32) square feet on
City of Cape Canaveral
Ordinance _-2006
Page 8 of 16
nonresidential property after a building permit is issued. In addition, each subcontractor
shall be allowed one (1) non-illuminated sign not to exceed a sign area of nine (9) square
feet and four (4) feet in height. Signs allowed hereunder shall be permitted for one (1)
year or until the building permits for the area under development have expired or been
revoked. If the project is not completed within one (1) year, the city manager may grant
an appropriate extension(s) not to exceed the removal date set forth under this subsection
(1). All signs must be removed from the property within seven (7) days of the date on
which the project is completed, suspended, or abandoned for at least three months. Signs
allowed under this subsection are exempt from subsections (a) (2) and (a) (3) above. The
primary contractor's licensing information shall be legibly displayed on at least one of
the signs located on the area under development.
(2) A maximum of one (1)on-premises banner sign may be erected on nonresidential
property not to exceed ninety-six (96) square feet, and on residential property not to
exceed twelve (12) square feet. A banner sign may be erected for a maximum of thirty
(30) days on nonresidential property and a maximum of fourteen (14) days on residential
property during any calendar year. A banner sign is exempt from the freestanding
requirement set forth in subsection (a) (1) above and the size restriction set forth in
subsection (a) (4) and (5) above, provided it is securely fastened to a structure in a
manner to withstand weather elements commonly experienced in the City.
(13) ' - .. . . .. . . -- , . .
• . . • .. - _ .. _ _ _...
- - •. •_ -
_.. _ . _. . . .. - ' .. . 9.- ,
Sec. 94-77. Reserved.
City of Cape Canaveral
Ordinance _-2006
Page 9 of 16
political signs. - •-• _ _ .. -
. Reserved.
(b) Specifications. The maximum size of a political sign shall not exceed 32 square feet in
paper shall be-used in the constructionpolitical -
of any P sign, except as a paper face if it rest:,
(d) Written consent. Any political sign placed on any commercial or industrial zoned
- e .. . • . .. .. " ..._ _ . - -
(1) The deposit shall be forfeited for any sign erected within the city, which is not
(2) If the signs are not removed within the five day allowance the actual cost of such
(f) District requirements. Political sites shall follow district requirements per table 94 96 1.
• • • • . - - : _ : • -- •_ . Reserved.
(a) There shall be a limit of one sip per business or activity erecting a temporary off
premises sign.
(b) Temporary off premises signs may be erected only by the following:
City of Cape Canaveral
Ordinance _-2006
Page 10 of 16
residential units; • • -
par,
. . . .. : - : . : . - .. . .. . ..
of a new housing project and shall be removed no later than 30 days afler the opening or after
(c) In the case of a public interest sign, a sign may be erected no more than once per year,
Street from Right of Way Maximum Height
(SR AlA) 50 feet 15 feet
Old State Road 401 10 feet 8 feet
Ridgewood Avenue 10 feet 8 feet
di-st:piets:
a.
and one to include all sub ceffiuctors of a project,-after the issuance-of a building g
permit a,
required in table 91- 96 1.
City of Cape Canaveral
Ordinance -2006
Page 11 of 16
DIVISION 3. DISTRICT REGULATIONS
* * *
Sec. 94-100. Shopping center or multi-tenant center in any district.
(a) Signs are permitted for shopping centers or multi-tenant centers in any district as listed in
table 94-96-1.
Table 94-96-1 District Restrictions
TABLE INSET:
District
Type of Sign R-1 R-2 R-3 C-1,C-2&M-1 Shopping pp $ Automotive
center/Multi-Tenant Service
Center in any district Station in C-1
Temporary Per Per
Per Per Section 94-76 Per Section 94-76 Per Section
On premises Section Section Section 94-76
Sign 94-76 94-76 94-76
Real-estate Ma*.-ne- 4- 4- -} frontage
ty ( istrict �ct
requffetnera) requirement)
Max.area 6 s.f 6 s.f. 32 6 s.f. 32 s.f.
Max.height 4' 4' 81 4' 8'
Political Matt-na 2 2. 2 -1-per-candidate-pen (per-district (pe—ist,et
lot,if*250 fl.of requirement-) FequiFement3)
Mat,-area S s.f. 5 s.f. 5 s.f. 32 s.f.
Grttistraetiert Mata-so: 4- 4- l- 2 (per-diseiet (per-thsthet
lfutar+e
improvements �) )
Max.area 16 s.f 16 s.f. 16 s.f. 32 s.f.
Max.height 3 4' 314' 3 4' 8'
Max.area 9 s.f. 9 s.f. 9 s.f. 9 s.f.
Max.height 4' 4' 4' 4'
Home Max.no. 1 I 1 1 n/a n/a
occupation
Max area 2 s.f. 2 s.f. 2 s.f. 2 s.f. n/a n/a
F.xceptions/notes for ground Not Apply to multi-family 2 of the following 3 options are permitted per parcel
and wall signs permitted only
Ground Max.no. 1 1 I per street frontage 1 per street frontage I on primary
street frontage
Max area 75 s.f. 75 s.f. 150 s.f. 15%of wall space (per district
height times business requirement)
frontage,max.128
City of Cape Canaveral
Ordinance -2006
Page 12 of 16
s.f.perpendicular&
160 s.f parallel to
Max hei htstreet
g 25' 25' 30' n/a , 30'
Max.width 25' 25' 25' n/a
Wall Max.no. I n/a
I (on 1 (on Perpendicular to 1 per tenant space I
main main street:1 on each end of
structure) structure) the building,parallel to
street:I sign
Max.area 50 s.f. 128 s.f. Perpendicular 1 s. .f
erpen per 15%of wall space (per district
lineal foot of building height times business requirement)
width,max.128 s.f. frontage,max.128
each sign,Parallel: 1 s.f. s.f.perpendicular&
per lineal foot of 160 s.f.parallel to
building frontage,max. street
160 s.f.
Banner Signs Max.no. 1 1 1 1 n/a
Max area 96 s.f. 96 s.f. 96 s.f. 96 s.f. >�
n/a n/a
*
Sec. 94-105. Enforcement.
(a) "'Removal of signs. Private signs on public property or public rights-of-way may be
removed by the City or its agents without notice to the sign owner.
(b) Should any sign be in danger of falling, or otherwise unsafe in the opinion of the Code
Enforcement Officer or the Building Official, the owner thereof, or person maintaining the sign,
shall, upon receipt of written notification from •the Building Official or Code Enforcement
Officer, immediately secure the sign,cause it to be placed in good repair or remove the sign.
(c) Removal of illegally erected signs. The owner, owner's agent, or person in control, of
any property where an illegally erected sign is located shall have the sign immediately removed.
(d) Termination of unlawful illumination. Upon receipt of written notification by the Code
Enforcement Officer or Building Official that a sign is illuminated in violation of this Chapter,
the owner, owner's agent, or person in control of the premises, shall immediately terminate the
prohibited illumination of such sign.
Sec. 94-110. Implied Consent.
Any person applying for, and the property owner upon which the sign will be erected, and
receiving a permit for any sign hereby consents to the following:
(1) consents to complying with all provisions of this code; and
(2) consents for City officials to come on private property to inspect all signage and
to remove illegally erected signs upon reasonable advanced notice by the city.
City of Cape Canaveral
Ordinance -2006
Page 13 of 16
94-115. Viewpoint Neutral.
Notwithstanding anything in this chapter or code to the contrary, no sign or sign structure shall
be subject to any limitation based upon the content(viewpoint) of the message contained on such
sign or displayed on such sign structure.
Sec. 94-120. Severability.
(a) General. If any part, section, subsection,paragraph, subparagraph, sentence,phrase, clause,
term, or word of this chapter is declared unconstitutional by the valid judgment or decree of any
court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any
other part, section,subsection, paragraph, subparagraph, sentence,phrase, clause, term, or word
of this chapter.
(b) Severability where less speech results. Without diminishing or limiting in any way the
declaration of severability set forth above in subsection(a), or elsewhere in this chapter, this
Code, or any adopting ordinance,if any part,section, subsection,paragraph,subparagraph,------------
sentence,phrase, clause,=term,or word of this chapter is declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, the declaration of such
unconstitutionality shall not affect any other part, section,_subsection,paragraph, subparagraph,
sentence,phrase, clause,term, or word of this article,_even if such severability would result in a
situation where there would be less speech,_whether by subjecting previously exempt signs to
permitting or otherwise.
(c) Severability of provisions pertaining to prohibited signs Without diminishing or limiting in
any way the declaration of severability set forth above in subsection(a), or elsewhere in this
chapter,this Code, or any adopting ordinance,if any part, section, subsection,paragraph,
subparagraph, sentence,_phrase,clause, term, or word of this chapter or any other law is declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the
declaration of such unconstitutionality shall not affect any other part, section, subsection,
paragraph, subparagraph, sentence,phrase, clause, term,or word of this chapter that pertains to
prohibited signs,_including_specifically those signs and sign-types prohibited and not allowed
under section 94-6 of this chapter. Furthermore, if any part, section, subsection, paragraph,
subparagraph, sentence,phrase,_clause, term, or word of section 94-6 is declared unconstitutional
by the valid judgment or decree of any court of competent jurisdiction, the declaration of such
unconstitutionality shall not affect any other part, section, subsection,paragraph, subparagraph,
sentence,phrase, clause, term, or word of section 94-6.
(d) Severability ofprohibition on Off-Premise Signs.
If any part, section, subsection,paragraph, subparagraph, sentence,phrase, clause, term, or word
of this chapter and/or any other Code provisions and/or laws are declared invalid or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the
declaration of such unconstitutionality shall not affect the prohibition on off-premise signs as
contained in this chapter and Code.
City of Cape Canaveral
Ordinance _-2006
Page 14 of 16
Section 3. Amendment to Appendix B Schedule of Sign Fees. Appendix B of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and seeutt type indicates deletions, while asterisks (* * *) indicate a
deletion from this Ordinance of text existing in Appendix B. It is intended that the text in
Appendix B denoted by the asterisks and set forth in this Ordinance shall remain unchanged
from the language existing prior to adoption of this Ordinance):
APPENDIX B SCHEDULE OF FEES
* * *
Chapter 94.Sips
(a) Permit fee shall be calculated on actual 30.00
contract cost.as subsection(a)of
Chapter 82 of Appends B with a
minimum fee
(b) Reinspection fee_........ 25.00 94-35
(d) For commencing work without a permit,
al fees shall be double
(a) 9478
_... 4&99
(f) Temporary signs and banners..._ 25.00
*
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.
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.
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.
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance -2006
Page 15 of 16
•
ADOPTED by the City Council of the City of Cape Canaveral,Florida, this day
of , 2006.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog
Jim Morgan
Leo Nicholas
SUSAN STILLS, City Clerk Rocky Randels
Buzz Petsos
First Reading:
Legal Ad published:
ammeniammenewSecond-Reading.
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE,City Attorney
City of Cape Canaveral
Ordinance -2006
Page 16 of 16
A
,1 1xCEqavv4
S 41'4 '
ii r
Fl " }1-t ' City of Cape Canaveral
,, -
%coy— ,
Date: May 11 , 2006
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson, Planning & Zoning Board
I
Re: Recommendation to City Council
Proposed Ordinance No. 04-2006
Clarifying Minimum Number of Required Hotel Units
At the Planning & Zoning Board meeting, held on May 10, 2006, by unanimous
vote, the Board recommended approval of the above referenced proposed
ordinance.
Please schedule this item for an upcoming City Council meeting.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
wwwmyflorida.com/cape • email:ccapecanaveral@cfl.rr.com
+
•
ORDINANCE NO. 04-2006
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CODE OF ORDINANCES,CLARIFYING THE PERMITTED
USES AND STRUCTURES IN THE C-1 LOW DENSITY
COMMERCIAL ZONING DISTRICT WITH REGARD TO
HOTELS AND MOTELS; MAKING CONFORMING
AMENDMENTS;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,the City Council and Planning and Zoning Board,as part of a comprehensive
review of the City's Code of Ordinances, has reviewed Chapter-110; Zoning, and determined on
February 21,2006,that revisions are required to clarify Chapter-11-0-with-regard-to hotels and motels
as a permitted use in the C-i Low Density Commercial zoning district; and
WHEREAS, it is the City's desire that any hotels or motels constructed in the C-1 Low
Density Commercial zoning district have a minimum of 150 units; 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.
BE IT ORDAINED 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,Zoning,of the Code of Ordinances,City of Cape
Canaveral,Florida,is hereby amended as follows(underlined type indicates additions and sit ikcuut
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapter 110,Zoning. It is intended that the text in Chapter 110,Zoning,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
City of Cape Canaveral
Ordinance No. 04-2006
Page 1 of 5
ARTICLE VII. DISTRICTS.
* * *
DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT
* * *
Sec. 110-332. Principal uses and structures.
In the C-1 low density commercial district,the following uses and structures are permitted:
* * *
(4) Hotels;or motels with a minimum of 150 rental units. In no case shall there
be more than 30 rental units per net acre nor shall a rental unit have a floor area less
than 300 square feet. Hotel and motel units containing provisions for cooking or
light housekeeping shall have a minimum floorarea-not-lesstharr4O0 square feet.
Motels and hotels may not be converted to other types of dwellings at more than the
density required in this chapter for such dwellings.
* * *
Section 3. Conforming Amendments to Chapter 110,Article IV,Division 2. The following
amendment to section 110-171, City Code, is made in conformance with the above-referenced
amendment and is necessary to implement the clarification set forth in Section 2 of this Ordinance
(underlined type indicates additions and strikeout type indicates deletions).
CHAPTER 110. ZONING
* * *
ARTICLE IV. SPECIAL EXCEPTIONS
* * *
DIVISION 2.ALCOHOLIC BEVERAGES
Sec. 110-171. Establishments serving alcoholic beverages.
(a) Establishments which shall require a special exception under this chapter by the
board of adjustment are those, whether or not licensed by the state Department of Business
City of Cape Canaveral
Ordinance No. 04-2006
Page 2 of 5
t
and Professional Regulation,Division of Alcoholic Beverages and Tobacco,which dispense,
sell, serve, store or permit consumption on the premises of alcoholic beverages. In
consideration of a special exception application,the board of adjustment shall not approve
the application unless it is totally consistent with all the conditions as set forth in this section
and also the following:
(2) The establishment,if licensed by the state division of alcoholic beverages and
tobacco to permit on-premises consumption ofbeverages,shall not be located within
2,000 feet of another licensed establishment. The distance shall be measured as the
shortest linear distance between the property line of the establishment which
proposes to provide for the sale and consumption of alcoholic beverages and the
property line of any establishment which currently provides for the sale and
consumption of alcoholic beverages. Further, the establishment shall be in
compliance with the Florida beverages laws (F.S. chs. 561 through 568). Provided,
however, exceptions to this subsection 110-171)(a)(2) are:
4
(b) Hotels and motels which are approved in accordance with City Code
* * *
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.
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.
City of Cape Canaveral
Ordinance No. 04-2006
Page 3 of 5
f
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance No. 04-2006
Page 4 of 5
F
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2006.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob bog
--------- Jim Morgan ---
Leo Nicholas
SUSAN STILLS, City Clerk Rocky Randels
Buzz Petsos
First Reading: _ ---
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
- the-C ty=of ape-Canavex-ni an —
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 04-2006
Page 5 of 5
54pCE q44
•
City of Cape Canaveral
Date: May 11, 2006
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson, Planning & Zoning Board
Re: Recommendation-to-Ci-y-Council
- Proposed Ordinance No. 05-2006
------�-�- Clarifying Certificate of Occupancy Regulations
At the Planning & Zoning Board meeting, held on May 10, 2006, by unanimous
vote, the Board recommended approval of the above referenced proposed
ordinance.
Please schedule this item for an upcoming City Council meeting.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com
ORDINANCE NO.05-2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA,AMENDING CHAPTER 110,
ARTICLE HI,DIVISION 3,REGARDING CERTIFICATES OF
OCCUPANCY; CLARIFYING THAT NO STRUCTURE
SHALL BE USED OR OCCUPIED UNTIL THE BUILDING
OFFICIAL HAS ISSUED A CERTIFICATE OF OCCUPANCY
THEREFOR; PROVIDING FOR 1'HE 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,the City Council and Planning and Zoning Board,as part of a comprehensive
review of the Clay sCodefOf�mances, has reviewed-Chapter 110, Zoning, and determined on
February 21, 2006,that revisions are required to clarify Chapter 110 with regard to certificates of
occupancy; and
WHEREAS,the City Council desires to amend Chapter 110 of the City Code with regard
to certificates of occupancy in order to make the code consistent with the Florida Building Code's
provision related to certificates of occupancy; 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.
BE IT ORDAINED 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,Zoning,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):
City of Cape Canaveral
Ordinance No.05-2006
Page 1 of 3
CHAPTER 110.ZONING
ARTICLE III.ADMINISTRATION AND ENFORCEMENT
* * *
DIVISION 3.CERTIFICATE OF OCCUPANCY
Sec. 110-121. Required.
No building or structure shall be used or occupied,and no change in the existing occupancy
classification of a building or structure or portion thereof shall be made until the building official has
issued a certificate of occupancy therefor. Issuance of a certificate of occupancy shall not be
construed as an approval of a violation of the provisions of the city code or any other applicable law.
• • . • ••• • • •. • • • • . . . .A • I • • . I • . • • I
•
•1
I .1 • t • ••• 4*11 .A I • h •111• • •w •'•.t I II •_.... ! ! bElQpkGl:Yi'-itfl-FFI=LIIIFi (
• • '
. 1 V - . • 1 : : .• • pi:. • • 11 - _ • •:. • : • • • • . •:1 • • •.. , . •
'
• • • • • •' •' _ • . • •• . • • - •
• • • • • • • . •
•
• . •: ' • : a, •.• a • •: • . • • ••• • P. 1 ••11 , • ••• • "•
If issuance of such certificate is refused,the building official shall state such refusal in
writing with the reason.A temporary certificate of occupancy may be issued by the building official
for a period not exceeding six months during alterations or partial occupancy of a building pending
its completion,provided that such temporary certificate may require such conditions and safeguards
as will protect the safety of the occupants and the public.
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.
City of Cape Canaveral
Ordinance No.05-2006
Page 2 of 3
p
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 day of
,2006.
ROCKY RANDELS,Mayor
ATTEST: For Against
Bob Hoog
--- ---- — Jim Morgan
Leo Nicholas
SUSAN STILLS, City Clerk Rocky Randels _
Buzz Petsos
First Reading: ----
Legal Ad published: _
Second Reading:
Approved as to legal form and sufficiency for
-the City of--Cape Canaveral only: _ __
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No.05-2006
Page 3 of 3
A .�<.
41‘" vNCE 444.
Al�� .c Cityof Capee Canaveral
N
__ _ .
Date: May 11, 2006
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson, Planning & Zoning Board
Re: Recommendation to City Council
Proposed Ordinance No. 03-2006
Alcoholic Beverages
At the Planning & Zoning Board meeting, held on May 10, 2006, by unanimous
vote, the Board recommended approval of the above referenced proposed
ordinance with noted corrections.
Please schedule this item for an upcoming City Council meeting agenda after the
new draft is received from the City Attorney.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com
A
f
ORDINANCE NO.03-2006
AN ORDINANCE OF 1'HE CITY OF CAPE CANAVERAL,
FLORIDA; AMENDING CHAPTER 110, ARTICLE IV,
DIVISION 2, REGARDING ALCOHOLIC BEVERAGES;
PROVIDING FOR PATRONS OF RESTAURANTS LICENSED
TO SELL ALCOHOLIC BEVERAGES TO REMOVE ONE
UNSEALED BOTTLE OF WINE FROM THE PREMISES IF
PURCHASED AND PARTIALLY CONSUMED WITH A FULL
COURSE MEAL; PROVIDING FOR THE ISSUANCE OF
TEMPORARY ALCOHOLIC BEVERAGE PERMITS FOR
CERTAIN CONVENTION HALLS, COLISEUMS, AND
SIMILAR TYPE BUILDINGS,AS WELL AS FOR CERTAIN
NONPROFIT CIVIC ORGANIZATIONS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS;INCORPORATION INTO IRE 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,the City Council and Planning and Zoning Board,as part of a comprehensive
review of the City's Code of Ordinances, has reviewed Chapter 110, Zoning, and determined on
February 21, 2006, that revisions are required to clarify Chapter 110 with regard to alcoholic
beverages; and
WHEREAS, section 546.09,Florida Statutes,allows for patrons of restaurants licensed to
sell wine on the premises to remove one unsealed bottle of wine for consumption off the premises
if certain requirements are met; and
WHEREAS, sections 561.421 and 561.422, Florida Statutes, allow for the temporary
issuance ofpermits for on-premises consumption of alcoholic beverages for certain convention halls,
coliseums, and similar type buildings, as well as for certain nonprofit civic organizations; and
WHEREAS,the City Council desires to amend Chapter 110 of the City Code with regard
to alcoholic beverages in order to make its code consistent with Florida law; 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.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County,Florida, as follows:
City of Cape Canaveral
Ordinance No.03-2006
Page 1 of 5
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,Zoning,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 IV. SPECIAL EXCEPTIONS
* * *
DIVISION 2.ALCOHOLIC BEVERAGES
Sec. 110-171. Establishments serving alcoholic beverages.
(a) Establishments which shall require a special exception under this chapter by the
board of adjustment are those,whether or not licensed by the state Department of Business
and Professional Regulation,Division of Alcoholic Beverages and Tobacco,which dispense,
sell, serve, store or permit consumption on the premises of alcoholic beverages. In
consideration of a special exception application,the board of adjustment shall not approve
the application unless it is totally consistent with all the conditions as set forth in this section
and also the following:
(2) The establishment,iflicensed by the state division of alcoholic beverages and
tobacco to permit on-premises consumption ofbeverages,shall not be located within
2,000 feet of another licensed establishment. The distance shall be measured as the
shortest linear distance between the property line of the establishment which
proposes to provide for the sale and consumption of alcoholic beverages and the
property line of any establishment which currently provides for the sale and
consumption of alcoholic beverages. Further, the establishment shall be in
compliance with the Florida beverages laws(F.S.chs. 561 through 568). Provided,
however, exceptions to this subsection 110-171)(a)(2) are:
* * *
City of Cape Canaveral
Ordinance No.03-2006
Page 2 of 5
(c) Restaurants licensed by the state division of alcoholic beverages and
tobacco for malt beverages only or malt beverages and wine only,provided
the following are complied with:
* * *
(2) Consumption of food and malt beverages or-vine shall be on
premises only; however, food carryout without the alcoholic
beverages malt beverages may be permitted. Further, in accordance
with Florida law, one unsealed bottle of wine may be removed for
consumption off premises if purchased and partially consumed with
a full course meal consisting of a salad or vegetable, entree, a
beverage, and bread. A partially consumed bottle of wine to be
removed from the premises must be securely resealed by the licensee
or its employees before removal from the premises and shall be
placed in a bag or other container that is secured in such a manner
that it is visibly apparent if the container has been subsequently
opened or tampered with. A dated receipt for the bottle of wine and
full course meal shall be provided by the licensee and attached to the
container. If transported in a motor vehicle, the container with the
resealed bottle of wine must be placed in a locked glove
J'ompartment,a locked +`V , or the area behind the last upright seat
of a motor vehicle that is not equipped with a trunk.
* * *
Sec. 110-172. Temporary Alcoholic Beverage Permits. Reserved
Lai Upon approval of the city manager or the city manager's designee, the Division of
Alcoholic Beverages and Tobacco may issue temporary permits without a special exception
for the on-premises consumption of alcoholic beverages for the following:
(1) Conventions. hi convention halls, coliseums, and similar type buildings
where there is an existing beverage license,the director of the Division of Alcoholic
Beverages and Tobacco may,in his or her discretion,issue a permit for not more than
five (5) calendar days for the display by manufacturers or distributors of products
licensed under the provisions of chapters 561 through 568,Florida Statutes,and may
authorize consumption of such beverages on the premises only.
(2) Nonprofit civic organizations. Upon receipt of the appropriate city-issued
,;:4ttilding permit, the director of the Division of Alcoholic Beverages and Tobacco
may issue a permit authorizing a bona fide nonprofit civic organization to sell
alcoholic beverages for consumption on the premises only,for a period not to exceed
City of Cape Canaveral
Ordinance No.03-2006
Page 3 of 5
three(3)days. All net profits from sales of alcoholic beverages collected during the
permit period must be retained by the nonprofit civic organization. Any such civic
organization may be issued only three (3)such permits per calendar year.
(b) Any person or entity issued a temporary alcoholic beverage permit pursuant to this
section shall be subject to the provisions of Chapter 6 of the city code,Alcoholic Beverages,
as amended from time to time, including,but not limited to,hours of operation and nudity
on the premises.
Secs. 110-1723-110-190. Reserved.
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.
ADOPTED by the City Council of the City of Cape Canaveral,Florida,this day of
,2006.
ROCKY RANDELS,Mayor
ATTEST: For Against
Bob Hoog _
Jim Morgan _
Leo Nicholas
SUSAN STILLS, City Clerk Rocky Randels
Buzz Petsos
First Reading:
Legal Ad published:
Second Reading:
City of Cape Canaveral
Ordinance No.03-2006
Page 4 of 5
. M
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE,City Attorney
City of Cape Canaveral
Ordinance No.03-2006
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