HomeMy WebLinkAboutChapter 660: Land Development CodeHistory File
Chapter 660
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
TELEPHONE 407 783-1100
April 12, 1990
MEMORANDUM
TO: Mayor and City Council
FROM: City Clerk
RE: ORDINANCE NO. 19-90
Recently Ordinance No. 7-90 was adopted which established the
Coastal Construction Building Code as Code Chapter 612. This
Chapter needs to be included in the City' s Land Development Code,
which would be accomplished by adoption of Ordinance No. 19-90.
I would appreciate it if you would consider adopting Ordinance
No. 19-90 because we are in the process of preparing the Land
Development Code at this time and would like to include the
Coastal Construction Building Code in the document.
Your consideration of this request is appreciated.
[signature]
Janet S . Leeser
City Clerk
jl
[illegible] Gile History File Chapter 660 50019'7
BRILEY, WILD
AND ASSOCIATES
May 11 , 1990
Ms. Janet Leeser
City Clerk
P.O. Box 326
Cape Canaveral, Florida 32920
Re: Land Development Regulations.
Dear Jan:
You have brought to my attention that Ordinance 2-90, Chapter 660 of the City's
Land Development Code, does not include a reference to Chapter 671-Sewer
Service-of said Code. This is obviously an inadvertent error and should be
corrected inasmuch as Chapter 671 definitely involves "regulating the use of
land and water..." as specified in Section 163.3202 (2) (b) F.S. I recommend
that Chapter 671 be referenced in Chapter 660 the next time that the latter is
revised to include reference to those relevant Ordinances enacted by the City
after the initial adoption of Chapter 660.
If I can be of further help, please advise.
Sincerely
[signature]
John C. Schoch, AICP-Planner
Briley, Wild & Associates
JCS/is
Briley, Wild and Associates, Inc.
Consulting Engineers and Planners
1040 North U.S. Highway One
P.O. Box 607
Ormond Beach, FL 32175
904/672-5660•FAX 904/673-8264
Offices in Bradenton, Clearwater,
Daytona Beach, Orlando & Ormond Beach,FL
Codified Sept 91
ORDINANCE NO. 8-91
AN ORDINANCE AMENDING CHAPTER 660 , LAND
DEVELOPMENT CODE, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, TO INCLUDE
CHAPTER 670, DISCHARGE OF WATERS AND
WASTES INTO CITY SEWER SYSTEM; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
WHEREAS , the City Council, by the adoption of Ordinance No.
2-90, has established Land Development Regulations as Code
Chapter 660; and
WHEREAS, it is now desirous to incorporate an additional
Chapter into said Land Development Code;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral , Brevard County, Florida, as follows :
SECTION 1 . Chapter 660, Land Development Code, of the Code
of Ordinances is hereby amended by adding the following to
Section 660 .03, Land Development Regulations :
Chapter 670, Discharge of Waters and Wastes into City
Sewer System
SECTION 3. All portions of the Code in conflict herewith
are hereby repealed .
SECTION 4. This Ordinance shall take effect immediately
upon its adoption .
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 21st day of May , 1991 .
[signature]
Mayor Pro Tem
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO
KEDZIERSKI X
PORTER X
RANDELS X
SALAMONE absent
THURM X
First Reading: May 7, 1991
Posted: May 8, 1991
Advertised: May 10, 1991
Second Reading: May 21, 1991
To be codified
ORDINANCE NO. 31-90
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 660, LAND DEVELOPMENT
CODE, OF THE CODE OF ORDINANCES TO
INCLUDE CHAPTER 668, FLOODPLAIN PROTECT-
ION AND CHAPTER 671, SEWER SERVICE;
REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN EFFEC-
TIVE DATE.
WHEREAS, the City Council has, by the adoption of Ordinance
No. 2-90, established Chapter 660, Land Development Code, of the
City of Cape Canaveral; and
WHEREAS, it is now desirous to incorporate additional Chap-
ters in said Land Development Code;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Brevard County, Florida, as follows:
SECTION 1 . Chapter 660, is hereby amended by adding the
following Chapters to Section 660.03, Land Development Regula-
tions:
Chapter 668, Floodplain Protection
Chapter 671, Sewer Service
SECTION 2. All portions of the Code in conflict herewith
are hereby repealed.
SECTION 3. This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 18th day of December , 1990.
[signature]
Mayor
ATTEST:
[signature]
Deputy City Clerk
Approved as to Form:
[signature]
City Attorney
First Reading: 12/04/90
Posted: 12/05/90
Advertised: 12/07/90
Second Reading: 12/18/90
NAME YES NO
KEDZIERSKI X
PORTER X
RANDELS X
SALAMONE X
THURM X
Codified May 1990 LDR
ORDINANCE NO. 2-90
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, ESTABLISHING CHAPTER 660, LAND
DEVELOPMENT CODE; PROVIDING SEVERABILITY,
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, in compliance with Section
163.3202, Florida Statutes, must adopt, amend, and enforce land development
regulations which are consistent with and implement its Comprehensive Plan;
and
WHEREAS, Section 163.3202, Florida Statutes, further requires that
these regulations be combined and compiled into a single land development
code; and
WHEREAS, the City Council has determined that it shall adopt these land
development regulations into this Chapter 660 by reference and said action is
in compliance and is consistent with the goals and objectives of the City of
Cape Canaveral Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of
Cape Canaveral, Florida, as follows:
SECTION 1 . Chapter 660, Land Development Code is hereby
established as follows:
LAND DEVELOPMENT CODE CHAPTER 660 LAND DEVELOPMENT CODE
Sec. 660.01. Authority; Intent.
A. Chapter 163.3202, Florida Statutes, The Local Government
Comprehensive Planning and Land Development Regulation Act (LGCPLDRA)
of 1985, requires each local government to adopt or amend and enforce Land
Development Regulations (LDR's) that are consistent with and implement its
adopted Comprehensive Plan. It also specifies that these regulations shall be
combined and compiled into a single Land Development Code.
B. The Statute requires that the Land Development Regulations contain specific
and detailed provisions necessary or desirable to implement the adopted
Comprehensive Plan and that they encompass at a minimum the following
subject matter:
1Regulating the subdivision of land;
2 Regulating the use of land and water for those land use categories
included in the land use element; ensuring the compatibility of adjacent
land uses; and providing for open space;
3 Providing for the protection of potable water wellfields;
4 Regulating areas subject to seasonal and periodic flooding and
providing for drainage and stormwater management;
5 Ensuring the protection of environmentally sensitive lands designated
in the Comprehensive Plan;
6 Regulating signage;
7 Providing that public facilities and services meet or exceed the
standards established in the capital improvements element and are
available when needed for development, or that development orders and
ORDINANCE NO. 2-90
PAGE 1 OF 3
permits are conditioned on the availability of these public facilities and
services necessary to serve proposed development;
(8) Ensuring safe and convenient on-site traffic flow, considering needed
vehicle parking.
The City of Cape Canaveral intends, through the adoption of this
C. Chapter 660, to combine and compile the necessary Land Development
Regulations (Code) as required by the LGCPLDRA and described herein. This
effort includes some changes in and additions to existing LDR's which are
based upon Policies contained in the City's Comprehensive Plan as adopted in
October, 1988 and as amended. Although some elements of existing applicable
Land Development Regulations are located in other chapters of the City Code,
all such elements are cited here and are by reference, adopted herein and
made a part of the single Land Development Code.
D. No regulations have been included for the protection of potable water wellfields
since no such wellfields exist either within the City Limits or nearby. Potable
water is obtained from the City of Cocoa.
E. Since Chapter 163.3202 (g) F.S. requires that public facilities and services be
available when needed (concurrently with project impact) for proposed
development, the City's Land Development Regulations have been revised to
include a mechanism, the Concurrency Management System (CMS), which is
intended and designed to ensure compliance with the stated "concurrency"
requirement. Ord. no . -5a 1, c2S Tayk c]
Sec. 660.03 Land Development Regulations.
A. The following Chapters of the City Code contain regulations which, in
whole or in part, fall within the definition of Land Development Regulations and
are hereby adopted together with any subsequent amendments by reference as
are more fully set forth herein.
1 Chapter 257: Planning & Zoning Board.
2 Chapter 261 : Local Planning Agency.
3 Chapter 265: Code Enforcement Board.
4 Chapter 501 : Establishment of Streets.
5 Chapter 503: Subdivision of Land.
6 Chapter 535: Sewer Impact Assessment.
7 Chapter 537: Impact Fees.
8 Chapter 547: Building Permit and Development Fees.
9 Chapter 611 : Building Code.
10 Chapter 620: Standard Unsafe Building Abatement Code.
11 Chapter 622: Land Clearing Boring.
12 Chapter 624: Flood Damage Prevention.
13 Chapter 625: Standard Excavation and Grading Code.
14 Chapters 631-647: Zoning Regulations (including Planned
Unit Development and Board of Adjustment regulations).
15 Chapter 651 : Beaches and Dunes.
16 Chapter 652: Aesthetic Regulations.
17 Chapter 653: Sign Code.
18 Chapter 655: Birds Protected.
19 Chapter 657: Tree Protection.
20 Chapter 662: Concurrency Management System.
21 Chapter 664: Stormwater Management.
22 Chapter 667: Wetlands Protection.
23 Chapter 673: Garbage and Trash Removal.
24 Chapter 675: Litter and Waste.
25 Chapter 683: Off-Roadway Regulations.
26 Chapter 685: Parking Regulations.
27 Chapter 713: Spill-Over Lighting Control.
ORDINANCE NO. 2-90
PAGE 2 OF 3
To be codified
Codified May 1990 LDR
ORDINANCE NO. 19-90
AN ORDINANCE AMENDING CHAPTER 660,
LAND DEVELOPMENT CODE, OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA,
BY INCORPORATING CHAPTER 612, COASTAL
CONSTRUCTION BUILDING CODE, INTO THE
LAND DEVELOPMENT REGULATIONS ; REPEAL-
ING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH ; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council recently established Land Develop-
ment Regulations at Code Chapter 660 ; and
WHEREAS, by adoption of Ordinance No. 7-90 the Coastal
Construction Building Code was established as a separate Code
Chapter 612 ; and
WHEREAS, it is desirous to incorporate said Code into the
Land Development Regulations;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the
City of Cape Canaveral, Brevard County, Florida, as follows:
SECTION 1 . Chapter 660, Land Development Code, of the Code
of Ordinances of the City of Cape Canaveral, Brevard County,
Florida, is hereby amended by addition of the following:
Chapter 612, Coastal Construction Building Code
SECTION 3. All portions of the Code in conflict herewith
are hereby repealed .
SECTION 4 . This Ordinance shall take effect immediately
upon its adoption.
ADOPTED this 1st day of May , 1990 .
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
First Reading: 4/17/90
Posted: 4/18/90
Advertised: 4/19/90
Second Reading: 5/1/90
NAME YES NO
ARABIAN X
PORTER X
RANDELS absent
SALAMONE X
THURM X
B. In addition, the Comprehensive Plan (Chapter 630) and the City Charter
contain certain provisions which may be considered to constitute a part of the
Land Development Regulations. [Ord. No. 2-90, §1, 25 Jan 90]
SECTION 2. Severability. If any section, paragraph, phrase or word of
this Ordinance for any reason is held to be unconstitutional or invalid, such
holding shall not affect the remaining portions hereof and it shall be construed
to have been the legislative intent to passthis Ordinance without such
unconstitutional or invalid part..
SECTION 3. Repeal. All ordinance parts of ordinance in conflict
herewith are hereby repealed.
SECTION 4. Effective Date. This Ordinance shall take effect immediately
upon adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida this
25thday Of January , 1990.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO
ARABIAN X
PORTER X
RANDELS Absent
SALAMONE X
THURM X
First Reading: 1-11-90
Posted: 1-12-90
Advertised: 1-15-90
Second Reading: 1-25-90
ORDINANCE NO 2-90
PAGE 3 OF 3