HomeMy WebLinkAboutcocc_ordinance_no_11-2021_no action At the March 16,2021, Regular City Council Meeting,a motion was made by Council Member
Brown,seconded by Mayor Pro Tem Raymond,to take no action on Item No.5,Ordinance No.
11-2021,at first reading.The Motion carried 5-0.
1 ORDINANCE NO. 11-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
4 CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 98,
5 SUBDIVISIONS, DIVISION 5. — LOT SPLITS TO AUTHORIZE
6 CERTAIN UNAPPROVED LOT SPLITS OCCURRING PRIOR TO
7 MARCH 16, 2010 UNDER THE REQUIREMENTS SET FORTH
8 HEREIN; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE
9 CODE, SEVERABILITY AND AN EFFECTIVE DATE.
10
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 is expressly authorized to regulate the subdivision of land under Chapter 177, Florida
15 Statutes; and
16
17 WHEREAS, the City of Cape Canaveral has regulated and required property owners to
18 obtain City approval of the subdivision of land into two or more parcels since its incorporation in
19 1963; and
20
21 WHEREAS, on March 16, 2010,the City Council adopted for the first time, detailed lot split
22 regulations permitting property owners of a tract of land or lot that was previously platted or of
23 record to divide that land without platting and create one additional lot or tract; and
24
25 WHEREAS, notwithstanding the City's land subdivision regulations,City staff has observed
26 on official maps and records that several property owners, prior to the adoption of the lot split
27 regulations in 2010, may have divided a tract of land or platted lot into two tracts or lots without
28 technically complying with the City's land subdivision regulations by recording deeds on their own
29 accord in the official land records; and
30
31 WHEREAS, some of these unauthorized lot splits prior to 2010 appear to have been
32 conveyed to subsequent owners that may not have been aware that the lot or tract of land was
33 divided by the previous property owner without complying with the City's subdivision regulations;
34 and
35
36 WHEREAS, rather than requiring these subsequent owners of the property to obtain
37 "after-the-fact" lot split or plat approval, for the tracts or lots subdivided prior to March 16, 2010,
38 the City Council desires to afford these subsequent property owners equitable relief and recognize
39 such unauthorized lot splits, provided such previous subdivisions of land satisfy certain terms and
40 conditions stated herein; and
41
42 WHEREAS, the City's Planning and Zoning Board has reviewed and made a
43 recommendation regarding this Ordinance at a duly held public meeting as required by law; and
44
City of Cape Canaveral
Ordinance No. 11-2021
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