HomeMy WebLinkAboutcocc_ordinance_no_20-2019_202001211 ORDINANCE NO. 20-2019
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE
5 CITY CODE CHAPTER 110 — ZONING REGARDING TATTOO
6 ESTABLISHMENTS AND BODY PIERCING SALONS REQUIRED TO
7 BE LICENSED UNDER CHAPTER 381, FLORIDA STATUTES;
8 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
9 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE
10 CODE, SEVERABILITY, AND AN EFFECTIVE DATE.
11
12 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
13 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
14 law, and the City's inherent police power to establish zoning regulations within the jurisdictional
15 limits of the City of Cape Canaveral; and
16 WHEREAS, the City Council recognizes that tattooing is a form of expressive activity
17 afforded First Amendment protection. Buehrle v. City of Key West, 813 F.3d 973 (11th Cir. 2015)
18 (City failed to meet its burden of demonstrating that its ban on tattoo establishments in historic
19 district served its alleged significant governmental interest of protecting historic district from
20 deterioration, and thus ordinance was not narrowly tailored to serve a significant governmental
21 interest); See also, Anderson v. City of Hermosa Beach, 621 F.3d 1051 (9th Cir. 2010)( holding that
22 the City's total ban on tattoo parlors was not a reasonable 'time, place, or manner' restriction
23 because it is substantially broader than necessary to achieve the City's significant health and safety
24 interests and because it entirely forecloses a unique and important method of expression); and
25 WHEREAS, the City Council also recognizes that the City may impose reasonable time,
26 place, and manner restrictions on tattooing establishments and body piercing salons, See Ward
27 ' v. Rock Against Racism, 491 U.S. 781, 791 (1989); United States v. O'Brien, 391 U.S. 367, 377 (1968)
28 including, but not limited to, generally applicable laws such as taxes, health regulations, or
29 nuisance ordinances; and
30 WHEREAS, due to modern trends in siting and recent demand expressed to the City
31 Council, for safe and licensed tattoo establishments and body piercing salons required to be
32 licensed under Chapter 381, Florida Statutes within the City, the City Council finds it to be in the
33 City's best interest to provide for additional limited commercial locations for licensed tattoo
34 establishments and body piercing salons pursuant to the requirements set forth in this Ordinance;
35 and
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Ordinance No. 20-2019
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1 WHEREAS, the City Council also recognizes that the City is currently undergoing a
2 comprehensive rezoning study and project that will maintain and preserve certain portions of the
3 C-1 Zoning District for commercial related uses (especially along the State Road A1A corridor) and
4 also address numerous preexisting residential uses located within current C-1 Zoning areas that
5 will likely be rezoned residential for purposes of making said residential uses conforming, and
6 therefore, there is a substantial government interest within City of Cape Canaveral to ensure that
7 any future tattoo establishments and body piercing salons within the C-1 Zoning District, as a
8 commercial use, be located within a commercial building located adjacent to and fronting the
9 commercial corridor State Road A1A and not within 100 feet of preexisting residential uses; and
10 WHEREAS, the City's Land Planning Agency conducted a public hearing to consider this
11 Ordinance on December 4, 2019, and after receiving testimony and evidence and deliberating
12 about the merits of the Ordinance, recommend that the City Council adopt the Ordinance; and
13 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
14 Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
15 Cape Canaveral.
16 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE
17 CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
18 Section 1. Recitals. The foregoing recitals are hereby incorporated herein by this reference as
19 legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
20 Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City of Cape Canaveral,
21 Florida, is hereby amended as follows: (underlined type indicates additions to the City Code and
22 strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of
23 text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks
24 and set forth in this Ordinance shall remain unchanged from the language existing prior to
25 adoption of this Ordinance):
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27
28
29 ARTICLE VII. — DISTRICTS
30
CHAPTER 110 — ZONING
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31 DIVISION 5. - C-1 LOW DENSITY COMMERCIAL DISTRICT
32 Sec. 110-331. - Intent; applicability.
33 (a) The requirements for the C-1 low density commercial district are intended to apply to an
34 area adjacent to major arterial streets and convenient to major residential areas. The types of uses
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Ordinance No. 20-2019
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1 permitted are intended to serve the consumer needs of nearby residential neighborhoods, as well
2 as the commercial needs of the motorist. Lot sizes and other restrictions are intended to reduce
3 conflict with adjacent residential uses and to minimize the interruption of traffic along
4 thoroughfares.
5 (b) The provisions of this division shall apply to all property designated as C-1 low density
6 commercial on the city's official zoning map. Further, those properties zoned C-1 that are located
7 within the boundaries of the A1A Economic Opportunity Overlay District, established pursuant to
8 article X of this chapter, shall be subject to the guidelines and standards of that article.
9 Sec. 110-332. - Principal uses and structures.
10 In the C-1 low density commercial district, the following uses and structures are permitted:
11
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12 20. Tattoo establishments and body piercing salons required to be licensed under Chapter
13 381, Florida Statutes, provided however, the establishment or salon must be located within a
14 building adjacent and fronting State Road A1A (Astronaut Blvd.) or the west side of N. Atlantic
15 Avenue south of Church Lane and no such establishment or salon shall be permitted to locate
16 within 100 feet of any property with a pre-existing residential use or designated residential on the
17 city's comprehensive plan future land use map and/or official zoning map. Said 100 feet shall be
18 measured by following a straight line, without regard to intervening structures, from the building
19 or portion thereof in which the establishment or salon is occupying to the nearest boundary of
20 the residential property.
21
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22 DIVISION 6. - C-2 COMMERCIAL/MANUFACTURING DISTRICT
23
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24 Sec. 110-340. - Intent; applicability.
25 (a) The requirements for the C-2 commercial/manufacturing district are intended to apply to
26 an area adjacent to major arterial streets, located adjacent to existing commercial or
27 manufacturing uses and convenient to major residential areas. This district would be associated
28 with a mix of low density commercial and light industrial. The types of uses permitted are intended
29 to serve employment and consumer needs of nearby residential neighborhoods, as well as the
30 commercial needs of the motorist. All principal uses permitted in this zone shall be contained in
31 an enclosed structure.
32 (b) The provisions of this division shall apply to all property designated as C-2
33 commercial/manufacturing on the city's official zoning map. Further, those properties zoned C-2
34 that are located within the boundaries of the A1A Economic Opportunity Overlay District,
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Ordinance No. 20-2019
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1 established pursuant to article X of this chapter, shall be subject to the guidelines and standards
2 of that article.
3 Sec. 110-341. - Principal uses and structures.
4 In the C-2 commercial/manufacturing district, the following uses and structures are permitted:
5 ***
6 25. Tattoo establishments and body piercing salons required to be licensed under Chapter
7 381, Florida Statutes, provided however, the establishment or salon must be located within a
8 building adjacent and fronting State Road A1A (Astronaut Blvd.), and no such establishment or
9 salon shall be permitted to locate within 100 feet of any property with a pre-existing residential
10 use or designated residential on the city's comprehensive plan future land use map and/or official
11 zoning map. Said 100 feet shall be measured by following a straight line, without regard to
12 intervening structures, from the building or portion thereof in which the establishment or salon is
13 occupying to the nearest boundary of the residential property.
14 ***
15
16 DIVISION 7. — M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT
17
18 ***
19
20 Sec. 110-352. - Principal uses and structures.
21
22 In the M-1 light industrial and research and development district, the following uses and structures
23 are permitted, provided any use or group of uses that are developed, either separately or, if
24 developed as a unit with certain site improvements, shared in common, meet requirements of
25 article IX of this chapter:
26
27 ***
28 11. Tattoo establishments and body piercing salons required to be licensed under Chapter
29 381, Florida Statutes, provided however, no such establishment or salon shall be permitted to
30 locate on property adjacent to N. Atlantic Avenue or within a building located within 100 feet of
31 any property with a pre-existing residential use or designated residential on the city's
32 comprehensive plan future land use map and/or official zoning map. Said 100 feet shall be
33 measured by following a straight line, without regard to intervening structures, from the boundary
34 of the property or building or portion thereof, as applicable, on which the establishment or salon
35 is occupying to the nearest boundary of the residential property. Tattoo establishments and
36 those body piercing establishments required to be licensed under F.S. § 381.0075, provided
37 however, no such establishment shall be permitted to locate within 100 feet of any prc existing
38 residential use or any property designated residential on the city's comprehensive plan future land
39 usc map and/or official zoning map..
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Ordinance No. 20-2019
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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.
ADOPTED by the City Council of the City of Cape C, 1 veral, Florida, this 21st day of January, 2020.
First Reading: December 17, 2019
Advertisement: January 9, 2020
Second Reading: January 21, 2020
Approved as to legal form and sufficiency
for the y of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
Bob Hoog, Mayor
Mike Brown
Robert Hoog
Mickie Kellum
Wes Morrison
Angela Raymond
City of Cape Canaveral
Ordinance No. 20-2019
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