HomeMy WebLinkAboutP & Z Packet September 13, 2006
City of Cape Canaveral
PLANNING & ZONING BOARD REGULAR MEETING
CITY HALL ANNEX
111 POLK AVENUE
SEPTEMBER 13, 2006
7:30 P.M.
Call to Order
Roll Call
NEW BUSINESS
1. Approval of Meeting Minutes: August 23, 2006.
2. Review and Recommendation to City Council Re: Final Replat of Beachside
Townhomes - 2nd Addition, Replat of Lot 13, Block 5, Avon by the Sea
Subdivision - John Johanson, Applicant.
3. Review and Recommendation to City Council Re: Proposed Ordinance
Repealing Storage of Liquefied Petroleum Products - Section 110-354 (c) (6) of
the Cape Canaveral Code of Ordinances - Anthony Garganese, City Attorney.
4. Review and Recommendation to City Council Re: Proposed Ordinance
Clarifying Non-Conforming Uses and Structures - Section 191-201 of the Cape
Canaveral Code of Ordinances - Anthony Garganese, City Attorney.
5. Discussion Re: Chapter 2006-88, Amending Florida Statute "166.033 - Written
Notice Requirements for Denial of a Development Permit - 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 v;fith 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 mayor 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) 868-1220 . SUNCOM: 982-1220 . FAX: (321) 868-1248
www.myflorida.com/cape . e-mail: ccapecanaveral@cfl.rr.com
PLANNING & ZONING BOARD
MEETING MINUTES
AUGUST 23, 2006
A Regular Meeting of the Planning & Zoning Board was held on August 23, 2006, at the
Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Board
Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called
the roll.
MEMBERS PRESENT
Bea McNeely Chairperson
Lamar Russell Vice Chairperson
John Fredrickson
Donald Dunn
Harry Pearson
John Johanson 1 st Alternate
OTHERS PRESENT
Susan Chapman Secretary
T odd Peetz City Planner
Anthony Garganese City Attorney
Rocky Randels Mayor
Robert Hoog Mayor Pro T em
T odd Morley Building Official
Jeffrey Ratliff Public Works
David Sargeant Fire Chief
Thomas Young Sheriffs Department
John Johanson declared a conflict of interest on the last two agenda items.
Chairperson McNeely advised the audience of the rules of the meeting. She announced
that the meeting will adjourn no later than 10:00 p.m.
NEW BUSINESS:
1. Approval of Meetinq Minutes: July 12, 2006.
Motion by Harry Pearson, seconded by Lamar Russell, to approve the meeting minutes
of July 12, 2006. Vote on the motion carried unanimously.
2. Discussion Re: Storaqe of Liquefied Petroleum Products.
Todd Peetz, City Planner, gave an overview of the agenda item. He explained that the
agenda item was a result of an application submitted for an expansion of an existing use
allowed under City code Section 10-354 (C) (6). He advised that buffering and setbacks
are considered in reviewing this type of request. He noted that fire districts and liquid
petroleum products are not defined in the City code.
Anthony Garganese, City Attorney, explained that this agenda item is an open
discussion. He advised that it was within the Board's purview to make recommendations
regarding the zoning code to City Council.
Planning & Zoning Board
Meeting Minutes
August 23,2006
Page 2
Todd Morley, Building Official, reminded the Board that the City Council asked the Board
to consider changing the code. He advised that there was currently no application. He
suggested that the Board may want to explore adding a definition of liquefied petroleum
products.
Chief David Sargeant, CCVFD, advised that the City should clarify and define liquefied
petroleum products, which he noted are propane and butane as stated in the City code.
He noted that if the City so desires to create a fire district, then buffer zones will need to
be established that are not covered by the National Fire Protection Association (NFPA)
when it comes to distances. He explained that the fire codes work with the zoning and
building codes. He advised that the definitions needed to be clarified. He explained that
a liquefied petroleum product is made into liquid only when under pressure, it is not
gasoline, diesel, or asphalt and that is what is being stored. He recalled that back in
1991 there were no condominiums abutting this property. He noted that this community
has changed since the tank farm was constructed, and the population has increased.
He commented that the publics concerns should be addressed. He reported that there
are currently security plans in place from the Brevard County's Sheriffs office and there
are plans in place from the Canaveral Fire department. He reviewed the existing plans
for evacuation. He explained that tanks typically burn for long periods of time and they
can release toxic and noxious fumes. He noted that tanks do not typically explode, they
are vented, and every tank out there is currently protected with a foam system with the
exception of the asphalt tank. He commented that terrorists can attack any where at any
time. He questioned if the City wants to add more hazard to this community. He
commented that adding gasoline or diesel is a hazard or it would not be regulated by a
code.
Lt. Thomas Young, Sheriff's Office Representative, advised that Coastal Fuels has gone
over and above what is required and is moving forward with added security measures.
He noted that safety issues can always be improved.
Jeffrey Ratliff, Public Works Representative, advised that there is soil and ground water
contamination at the site, the latest sampling revealed that it is contained on the site.
He explained that a remedial action plan has been approved by Brevard County and the
County is expecting the remediation to begin within a year.
Lamar Russell, Vice Chairperson, advised that he was on the Board in 1991, when the
Board created the language in the code. He noted that at that time the Board was
advised by the Building Official that LP products were being stored on the site, however
the Board knew they were liquid. The Board was also advised in 1991 that a fire district
was established and defined at that time. He stated that these issues will be addressed,
in the future, if they need to be.
Planning & Zoning Board
Meeting Minutes
August 23,2006
Page 3
Ruth Anders, representative and resident of Solana Lakes, advised that the City
received 439 petitions from residents against the special exception. She asked the
Board to consider recommending an immediate moratorium.
John Bond, representative and resident of Solana Lakes, requested that any type of
liquefied petroleum product storage be eliminated. He spoke of adverse impacts to the
citizens and requested the Board recommend an immediate moratorium. Mr. Bond read
the City's Mission Statement.
Mark Morrison, representative and resident of Solana Lakes, spoke of security concerns.
He advised that any proposal to add more capacity has the potential to adversely affect
the City. He explained that Coastal Fuels threats and security problems came into
existence before terrorism changed the world on 911. He advised that no mitigation
exists to remove the inherent threats of the tank farm's physical layout. Mr. Morrison
gave an overview of his expert credentials. He showed a slide of the physical layout of
the Coastal Fuels take farm which he explained showed inadequate security from a
deliberate terrorist attack. He showed another slide showing a diagram of the tank
farm's most dangerous vulnerabilities and access points. He explained that adjacent to
George King Boulevard on the tank farm's north side, there are no adequate standoff
space exists between live pipelines and active storage tanks to prevent a penetration.
He showed other slides of photographs he took on July 4th from outside the facility, and
highlighted various security concerns. In closing, Mr. Morrison commented that the
facility was built to minimize cost, not to maximize security. He further commented that
times have changed, and the City cannot afford to put security second to any other
consideration.
Rick Evans, representative and resident of Solana Lakes, spoke of fire safety issues.
Mr. Evans gave an overview of his expert credentials. He advised that Florida Statute,
Section 187.201, requires the City to protect lives and property by preventing activities
which could cause natural and man made disasters. He pointed-out that Section 38.4 of
the City code applies prohibitions to gasoline storage in residential areas of the City. He
read the definition of a special exception which states that "a use that would not be
appropriate generally, or without restriction, throughout the zoning division or district, but
which, if controlled as to number, area, location, or relation to the neighborhood, would
promote the public health, safety, welfare, morals, order, comfort, convenience,
appearance, prosperity, or general welfare". Mr. Evans showed slides of various tank
farm fires. He pointed-out that each of the facilities at the time of the fire was
determined to be in compliance with state and federal requirements. He commented
that regulations avoid controllable risks, but some risks are not controllable. In closing,
Mr. Evans stated that fire and explosion are devastating, fire and explosion are possible,
and a sufficient boundary of safety must exist.
Planning & Zoning Board
Meeting Minutes
August 23, 2006
Page 4
Mary Ann Brokus, representative and resident of Solana Lakes, read a speech for Gail
Duncan, another resident of Solana Lakes, regarding aesthetics. Ms. Brokus gave an
overview of Mrs. Duncan's expert credentials. She advised that their homes have a
buffer of approximately 800 feet from the existing tanks. If the current special exception
allowing liquefied petroleum tanks in the M-1 zoning district is allowed to continue, the
likely placement of tanks would be even closer and would change everything about their
quiet, peaceful, and view of the property. She commented that what was now a group of
neighborhoods with a predominant high value of between $300K and $700K would
become property blighted with external obsolescence, which would dramatically affect
the current value. She advised that according to a local property appraiser, there is no
place where fuel tanks are next to residential properties in the entire county of Brevard,
and probably the whole state. She pointed-out that Section 110-39 of the City code,
says that it must be considered whether a special exception would have an adverse
impact on views and vistas, prices, neighborhood quality, traffic-generating
characteristics, compatibility, and harmony with adjacent land uses. Additionally, it
further states that a special exception should not adversely impact land use activities in
the immediate vicinity. She then gave examples of numerous negative impacts. She
advised that the present tank farm was first built in the early 1950's, before there was
any residential development there. She explained that in 1990, two additional tanks
were approved by special exception. At that time, there were approximately 100 acres
of vacant land to the east, south, and north of the property. Ms. Brokus showed a
schematic of Coastal Fuels and surrounding existing properties and gave examples of
how Coastal Fuels was negatively impacting the residential properties. In closing, she
asked that the City maintain the integrity of the neighborhood and your constituents'
property values by repealing the special exception for M-1 zoning. She voiced the
concern that more tanks would not fit in with the profile of a residential, resort
neighborhood and would constitute an illogical and incompatible adjacency.
Evelyn "Annie" Tennenbaum, representative and resident of Solana Lakes, spoke
regarding environmental concerns. She spoke as a concerned resident who has a
strong interest in her community. She advised that for many years she taught in an area
in New York where a statistically significant number of children suffer from asthma, and
one of her co-workers died from emphysema which she did not believe that this was a
coincidence. She explained how the air quality index is monitored. She advised that
the air increasingly reeks with the stench of pollutants from the vapors that are
discharged when the storage tanks are filling. She explained that small amounts of
gasoline vapors affect the nervous system and can cause breathing difficulties. She
further explained that the noxious odors which emanate from the storage of asphalt acts
as a respiratory irritant that can trigger asthma attacks. She pointed-out that there are
currently 2,150 residences within a one-mile radius of the current tank farm. She voiced
her opinion that the increasing activity and growth of Coastal Fuels will surely affect the
health and quality of life of everyone within that one mile radius and the surrounding
community. She explained that with approximately 23% if Brevard's population age 60
and older and that percentage expected to increase during the next five to ten years,
social service agencies and local governments will be challenged to address a broad
range of age related issues. She advised that trees provide a natural barrier; they act as
a filter for pollutants, and are a principal source of oxygen. She explained how
destroying trees and other vegetation would affect the environment, and how ground
water contamination affects the environment.
Planning & Zoning Board
Meeting Minutes
August 23,2006
Page 5
In closing, Ms. Tennenbaum suggested that the City should consider creating a
conservation easement in this area to protect the environment and property values. This
will be more cost effective in the long run since taxpayer dollars account for 74% of the
cost to clean up the site, and Coastal Fuels only 26%.
Ruth Anders, representative and resident of Solana Lakes, gave an overview of her
expert credentials. She requested that Section 110-354 (C) (6) of the City code allowing
a special exception for liquefied petroleum tanks be repealed. She advised that she has
written petitions from many residents in the City to support the request. She stated the
reasons for their appeal request. She stated that the first reason was the serious safety
hazards, health hazards, and property damages new tanks would create; second reason
was that this special exception does not promote the public health, safety, welfare,
comfort, convenience, appearance, or prosperity but instead does just the opposite; the
third reason is that it would provide a permanent solution as no company, including
Coastal Terminals LLC, could come back in two or three years and put the residents
through this again; the fourth reason was that in the residents view, the present
requirements are virtually standard less and are thus arbitrary and capricious and
constitute the creation of a public nuisance. She explained that the special exception
allows the storage of liquefied petroleum products without any distance requirement from
residents or standards for safety, environmental, aesthetic, air, light, view, and noise or
pollution purposes. She noted that there are no special standards to be met other than
the fire prevention code; petroleum products in excess of 3,000 gallons should be in an
established fire district. The City is far too developed to allow this situation to continue.
She pointed-out that the existing tank farm was first implemented about 50 years ago
and the last request for a special exception to construct more tanks was granted in 1991.
At that time, Coastal Fuels was told no further expansion would be allowed. However,
the City did not address this issue in its zoning code in the interim 16 years. She noted
that none of the condominiums, townhomes, the Cape Caribe Resort, or other residential
homes was in existence in 1990. She questioned how the City could allow these high
rise density residential uses be developed so close to existing tanks. She commented
about the notification process that was sent to the residents regarding the special
exception request. In closing, she stated that the residents ask that the City to repeal
the special exception for liquid petroleum tanks in light industrial zones; and the citizens
request that the City put a moratorium on any new tank special exception requests in the
interim. She advised that the residents would appreciate notice of the City's decision as
soon as they have the opportunity to consider it.
John Grandlich, Representative for Cape Caribe Resort, commended the City's efforts
for listening to the residents' issues and concerns. He believed the code does need
clarification, at a minimum, and a repeal of the special exception would be preferred. He
agreed that, in the past, the location of the storage tanks were okay, however, now it just
does not fit into the City's plans. He advised that Cape Caribe Resort supports the
efforts of the City and the public trying to repeal the special exception.
Shannon Roberts, resident of Solana Shores, recognized and acknowledge the number
of residents present at the meeting from Solana Shores who are at the meeting to
support the issues that have been represented at this meeting.
Planning & Zoning Board
Meeting Minutes
August 26, 2006
Page 6
Lee Ann Mann, resident of Port Canaveral Trailer Park, advised that she has seen
suspicious things going on and has called the police. She voiced her concern for her
health due to the outside and inside of her mobile home is covered with black soot.
Anthony Garganese, City Attorney, explained to the Board their options to proceed. He
advised that the Board should consider compelling testimony, and decide if the use
should continue to be allowed in the M-1 zoning district, and should it be allowed any
where near a residential area. He suggested that at a minimum, the City should impose
more safeguards. He advised that the Board can make a recommendation at this
meeting to the City Council. He explained that they can use the moratorium rule to give
the City additional time to study the issue.
Chairperson McNeely asked for the Board members comments at this time.
Harry Pearson commented that the issue is liquefied petroleum products. If the Board
repeals that section of the code, someone may want to store propane tanks, and there is
nothing in the code that prevents that. He asked if special exception should be
repealed.
Donald Dunn commented that the issue is distance and compatibility during an extensive
population growth period of residential. He questioned if the existing tank farm or
expansion is compatible with residential.
John Johanson commented that a tank farm is an extreme use in the M-1 zoning district
and the City may need a transitional use between the existing tank farm and the
residential areas. He further commented that the special exception request is not a
public or City request, it is a private request.
John Fredrickson commented that he \llould like the Board to hear a response from
Coastal Fuels.
Lamar Russell commented that the City Council should repeal the special exception use
from the code. He advised that if the use is not allowed, then it is prohibited.
Brief discussion was held regarding requesting the City Attorney to draft a proposed
ordinance for the next agenda repealing the special exception.
Alan Galbreath, resident of Solana Lakes, questioned if the existing tank farm would be
affected. Anthony Garganese, City Attorney, responded that the existing use would
become non-conforming. Brief discussion followed.
Motion by Lamar Russell, seconded by Harry Pearson, to request that the City Attorney
draft an ordinance to repeal the special exception for review and make recommendation
at the next meeting. Vote on the motion carried unanimously.
Planning & Zoning Board
Meeting Minutes
August 23, 2006
Page 7
There being no further business the meeting was adjourned at 9:30 p.m.
Bea McNeely, Chairperson
Susan L. Chapman, Secretary
Meeting Type: Planning & Zoning
Meeting Date: 911 3/06
AGENDA
Heading Final Replat
Item #J-
No. \
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANAVERAL
SUBJECT: Beachside Townhomes Second Addition Final Replat
DEPT./DIVISION: Building Department
Requested Action:
Review and recommend to City Council the proposed final replat for Beachside Townhomes second additions.
Summary Explanation & Background:
This request is for a final replat of lot 13, Block 5 of Avon-by- the-sea on the north side of Adams Avenue.
Exhibits Attached:
I
I 1) Application by applicant
2) Site report by staff
3) Staff review comments
4) The Final Replat drawing
Building Official's Office I Department
I I I
L ~
~yt'Vrr :?-
~
CD
. .
.
-
APPLICA TION FOR PLAT REVIEW
-
DATE OF SUB~IITTAL:
(NOTE: SUB1\UTTAL rvmsT BE SUB:MlTTED A rv.fINThIUM OF 30 DAYS PRIOR TO
TIrE PLA.l'11'-ilNG & ZONmG l\-IEETING; PLAT lYfUST lYIEET THE REQUIRElYrENTS
OF SECTION 98-41 THROUGH 98-62).
f,' >L t\o ( "i !
IS THIS A PRELITYDNARY PLAT, RE-PLAT, OR FINAL PLAT? I ./" 't-
. --...."'" ~
~'10lTNT OF FJI.Jl\"G FEE PAID: $ 5'1.50'
~'lOUNT OF EKGThTEERJNG DEPOSIT PAID: S 1 DOl 00
DID BREVARD COtJNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE
REQUEST FOR STREET NA1\IE, IF APPLICABLE? (NOTE: THIS :N'"EEDS TO BE
DO~-:E PRIOR TO SUB~lITTAL). YES _ NO ~ N.A. /~ .
'n --' J
PROJECT NAt"1E: J) e . d ~ . J c;~ LL" /CZ- "'I. ?y V"'. ~. J 5el-c',1
S s "'C-
PROJECT ADDRESS: 5 0 ~21 'i" t{ . d ",,'7 JIIA. J (tve.. e.~?, (
LEGAL DESCRIPTION: led" /3 Bl k :5~ ;j4th:',L. t3y ."...-1 S ,,(- -......, ", . ,) .
I ~e. ,. (,',,~ :JC,' ;<"'. 7 l-Z.'/';2'j
, , I I ;;
OW?-i'"ER(S) NA..vIE: 1, G' . ,S'
c./ /l..''li; ",,(. v L ~~
OW~""ER(S) ADDRESS: -:3 I (.) ," .\. 9 { /' .,' ,". ( r'/ ":;,/",
" ,..-,? ~:-.3
it (. <t p,t ;) I i-'.\C. / ,c.'/ /) e C/?"t.. <?,'" ".' "', ,/ . ..... ~ I
r
PROJECT ARcmTECT/E.L~G:r?\"EER: l.'[f~ (;- ..,,) ;~- ~-
PHO~'"E NO. OF ARCHITECTIE.'\GTI'iEER: b'::J
.,
J(I~ rza
APPLICA.l'lT(S) SIGNATURE: ." " L,' /.' . /1-",'(."",-",,-,,
[,# ,( v -
/1 f . OVYN'"ERIAGEN'I'_ _
PHO:N"E t~lJl\.1EER OF OW'N"ERiMYEN"T: ~7 t:;) "~- / /.~j,-): I
it.. j ,-.. l> ;?- f
-
.
.
. - ,
CD
CITY OF CAPE CANAVERAL
-~~ r"'""
PRELIMINARY PLAT, REPLAT &FINAL PL~;\'!RECEIPT
",__._~.~",_~...'._" '.'~..,.,' '.'U'""'"."~>' .'
5:' ~f~ 127 w_~~. "5 fi!lICi i /i "1 "{" 'I~'
Project Name: I (,)' .fi A... >;c....,z e~") ,.~~ ;t.'- -'~r"-t ,,_. ' z_ C,- ~- {c~- oi.--^t...
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: $ D
COMMERCIAL:
$150 per acre of land, or portion thereof.
Acres X $150 TOT AL:...............$
SITE PLAN EXTENSION:.. ....... .......... .... ................... ........ TOTAL:.... ......... ...$150.00
SITE PLAN RESUBMISSION: 50% of original fee.........TOTAL:..............$
-----------------------------------------------------------
-----------------------------------------------------------
DEPOSIT TOVV",-<\RDS REVIEW FEES:
...,....."'"-.....---;::::,..,......
RESIDENTIAL: 1 - 4 Units ...................(_~?Qg:QO)
Over 4 Units.................. $1,500.00
COMMERCIAL: Up to 4 Acres.................$l,SOO.OO
Over 4 up to 8 Acres.....$2,000.00
Over 8 Acres..................$3,OOO.OO
T ota! Acres:
Office Use Only: Escrow Account # 1-202.2400
-------------------------------------~~=~==~~----~~====~~--
-------------~==~==--~-----~~====~-~-----------------------
TOTAL REVIEW DEPOSIT RECEIVED: $
TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $
PAID RECEIPT NO. DATE RECV'D_
- -'"
/<;;7 I
l?/
01 0804'06 10:43 00648 PLU PLU 2 $737~50
\ I ~t':t: '7 (C,
~ .~ ,;n \
.
City of Cape Canaveral
Site Plan
Beachside Townhomes Second Addition
Applicant: John Johanson
Location: Range: 37 Township: 24 Section: 23
Proposed Amendment Acreage: 0.14 +1- Acres
Permitted 15 DU per acre: 2 Residential Units
Proposed Number of Units: 2 Residential Units
Proposed Density: 14.28 DUlAC
Current Future Land Use: R-2 Residential
Current Zoning: R-2 Residential
Description:
The applicant proposes to build two (2), townhome units on a 0.14 acre lot. The subject
site is located north of Adams Avenue and east ofRosiland Avenue.
North South East West I
Zoning R-2 Residential R-2 Residential R-2 Residential R-2 Residential
Comp Plan R-2 Residential R-2 Residential R-2 Residential R-2 Residential
Existing Multi Family Single and Multi Multi Family Single Family
Conditions Residential Family Residential Residential Residential
Public Services and Facilities in Amendment Area:
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, 2006 was 10,034. This is still adequate park space available.
/-~
(:j)
AlA is operating at Level of Service "A" with 283 available peak hour trips between
North City Limits to Central Blvd. AlA from Central Blvd to North Atlantic has a level
of Service is "A" with 325 excess trips. If developed completely as residential, the site
could generate 1 or 2 peak hour trips.
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 amount the project could generate is 600 gallons.
However, there is adequate wastewater treatment capacity available.
The City of Cocoa has a total 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 amount the project could generate is 600 gallons. 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 site is a Galveston-Urban land complex (GA) soil type. The soils in this complex are
well-drained Galveston sand and sandy soils that consist of reworked and leveled sandy
materials that resemble Galveston sand. There appear to be no wetlands on site. Wetland
determinations or verification are permitted by St. Johns River Water Management
District. There is no known Aquifer Recharge or Floodplain areas associated with this
parcel. There are also 110 known endangered species living on the site.
Historical and Archaeological Resources in Amendment Area:
There are no known historical or archaeological resources on site.
Population Projections and Trends:
The average household size is 2.37 per household. The anticipated population increase
would be between 4-5 persons.
@
').
Memorandum
To: Todd Morley, Building Official
From: Todd Peetz, City Planner
Date: August 10, 2006
Re: Beachside Townhomes Final Replat
I have reviewed the Beachside Townhomes Second Addition Site Plan
and don't have any comments.
If you have any questions, or need further information please feel free to
contact me at 407-629-8880.
(j)
09/0512005 02:15 321-783-71355 STOHLER PAGE 132
August 14, 2006
Mr. Todd Peetz
Miller-Legg & Associates
631 South Orlando Avenue
Suite 200
Winter Park, FL 32789
RE: Preliminary Plat Review - Beachside Townhomes Second Addition - Review #1
SSA Job No. 05-0025, Task 034-1003
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.
Sincerely, Sll.iii ~f)A\JGi H)\VIO.5
, tL-.J~SI;;l.L ~. ""\-'oM-P.soN q/~/Df{;
David Roy Jones, PLS
Chief Surveyor
DRJ:jls
Cc: Susan L. Chapman
/' I
r 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.
(j)
u:~oan sottoM'cM\proj~~ts'~~pe\.L.beachsjde tCWr'11npmes ~ecoj'jd add final pfai reviEW i.dele
Page 1 of 1
T odd Peetz
From: John Cunningham [jcunningham@ccvfd.org]
Sent: Monday, August 14, 2006 10:11 AM
To: Todd Peetz
Subject: Re: Beachside Townhomes
Todd,
We have reviewed the plans and have no comment at this time.
~\
9/6/2006 (1)
MEMORANDUM
TO: Todd Morley,
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: September 1, 2006
RE: Beachside Townhomes Second Addition
Re-Plat, Lot 13 Block 5 Avon by the Sea
The Public Works Department has reviewed the Re-Plat ofthe above stated
project and all previous comments and concerns have been satisfied. There are not any
existing easement(s) that this re-plat will vacate. The Public Works Department does not
have any further comments or concerns.
ciJ
Meeting Type: Planning & Zoning
Meeting Date: 9/13/06
AGENDA
Heading Proposed Ordinance
Item # ~
No.
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANAVERAL
SUBJECT: Review and Recommend Proposed Ordinance for Repealing Section llO-354(c)(6) which
provides for Special Exceptions for the Storage of Liquefied Petroleum Products within the
M-l District
DEPT.lDIVISION: Building Department
Requested Action:
Review and Recommend to City Council proposed ordinance to repeal Section 110-354(c)(6), which provides
for special exceptions for the storage ofliquefied petroleum products within the M-l District.
Summary Explanation & Background:
At the August 23rd Planning and Zoning Board Meeting, the proposed special exceptions for liquefied petroleum
products was discussed. There was a large turn out of residents who provided information about the hazards and
concerns of allowing a special exception for liquefied petroleum products in the M-l District. The Planning and
Zoning Board Directed the City Attorney to develop language that "vould repeal the special exception for storage
ofliquefied petroleum products. The attached ordinance is what has been provided by the City Attorney for your
reVIew.
I
I I
Exhibits Attached:
1) Proposed Ordnance.
Planning Official's Office Department
, I I
1]< ~S
;.p.~
CD
( I
ORDINANCE NO. 15-2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANA VERAL, FLORIDA, REPEALING SECTION 110-
354(c)(6) OF THE CITY CODE WHICH PROVIDES FOR
SPECIAL EXCEPTIONS FOR THE STORAGE OF
LIQUEFIED PETROLEUM PRODUCTS WITHIN THE M-1
LIGHT INDUSTRIAL AND RESEARCH AND
DEVELOPMENT ZONING DISTRICT; MAKING
CONFORMING AMENDMENTS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under S 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section llO-354(c)(6) of the City Code currently allows by special exception
storage of liquefied petroleum products in the M-l Light Industrial and Research and Development
zoning district subject to certain restrictions; and
WHEREAS, the City has serious concerns regarding the storage of liquefied petroleum in
the City's M -1 zoning district given its close proximity to dense residential development, as well as
to Port Canaveral and the Kennedy Space Center; and
WHEREAS, special exceptions for the storage of liquified petroleum may be creating
incompatible land uses within the City; and
WHEREAS, at its August 15, 2006 meeting, the City Council directed the Planning and
Zoning Board to conduct a discussion at the Board's next meeting to hear the input and concerns of
all interested parties with regard to the special exception for the storage of liquified petroleum and
to consider the City's options regarding the special exception; and
WHEREAS, the Planning and Zoning Board discussed the special exception at length at its
August 23, 2006 meeting and considered extensive input from numerous interested parties; and
WHEREAS, the Planning and Zoning Board directed that an ordinance repealing the special
exception be prepared; 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
City of Cape Canaveral
Ordinance No. 15-2006
Page 1 of 4
cD
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 stllkGOut
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 VII. DISTRICTS
***
DIVISION 6. M-l LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT
DISTRICT
***
Sec. 110-354. Special exceptions permissible by board of adjustment.
***
(c) Special exceptions may be granted for the following:
* * *
(G) StOUlgC of lIquefied petIoleum pIoducts, pIovidcd that all such uses comply
w itb thc standards set out ill tllc National nIe r1 otcctiOll A5socIatl()(1, PilG rlGvcntIon
Code. Abo\e glouud stolageofliqoeEGd pGtlokum jJlVdu..t;; ill exce;;s vf J,OOO
gallolls shall be, ill CUI cstablisllcd fil e distdct.
City of Cape Canaveral
Ordinance No. 15-2006
Page 2 of 4
ciJ
(29-) Recycling activities for the collection of nonhazardous materials, provided
that all storage of such materials shall be in approved structures, containers or
trailers.
(1&) Radio and TV studios.
(Q9) Shopping centers, provided the shopping center is on a minimum ten-acre plot
and has a minimum of 75,000 square feet of interior space under the roof. All
shopping centers shall be built in conformance with the criteria for the classification
of shopping centers as set forth in the building code adopted in section 82-31.
(2.tB ) Public utility equipment; uses and rights-of-way essential to serve the
neighborhood in which it is located.
(11) RcsCA Ii cd.
(1(}f-Z) Permanent security living facilities, subject to an annual review and the
following:
***
(llB) Restaurants.
(12M) Public buildings.
(12+5) Telecommunications towers, subject to the provisions of section 110-482.
(14+6) Conveyor systems for purposes of moving aggregate and other materials,
subject to the following:
***
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 contlict 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
City of Cape Canaveral
Ordinance No. 15-2006
P<]'rT"'" -:t ".fA
.i. us........; Vi...
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
Burt Bruns
Bob Haag
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. 15-2006
Page 4 of 4
@
Meeting Type: Planning &
Zoning
Meeting Date: 9/13/06
AGENDA
Heading Proposed Ordinance
Item #
No.
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANA VERAL
SUBJECT: Review and Recommend Proposed Ordinance for Nonconforming Uses and Structures
DEPT.lDIVISION: Building Department
Requested Action:
Review and recommend to City Council proposed ordinance to amend Chapter 110-191 through 110-201, zoning of nonconforming
structures.
Summary Explanation & Background:
Proposed Ordinance is based upon joint workshops with the Planning and Zoning Board and City Council. The City Attorney has
prepared the proposed changes to Chapter 110-191 through 110-201. These proposed changes reflect the discussion at the joint
workshops.
Exhibits Attached:
I
I 1) Proposed Ordinancc
Planning Official's Office Department
I I
A- r i
f~ ::v Lf
CD
{.
J
DRAFf August 16, 2006
ORDINANCE NO. _ -2006
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CITY CODE RELATING TO THE REGULATION OF
NONCONFORlVllNG USES AND STRUCTURES; PROVIDING
FOR INTENT; PROVIDING FOR CONTINUANCE AND
REGULATION OFLA WFUL NONCONFORMITIES UNDER
THE REQUIREMENTS SET FORTH HEREIN; PROVIDING
FOR THE ISSUANCE OF SPECIAL PERMITS BY THE CITY
COUNCIL FOR THE CONTINUANCE OF SOME
NON CONFORMITIES THAT WOULD OTHERWISE BE
TERl'1INA TED WHEN CIRCUMSTANCES DEMONSTRATE
THAT THE OVER<\LL COlVIMUNITY AND PUBLIC POLICY
OBJECTIVES OF THE CITY WILL BE PROMOTED AND
ENHANCED; 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 Yill, 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, bas reviewed Chapter llO, Article Y, regarding
nonconformities, and determined on Marcb 7 and 21, 2006, that revisions are required to clarifY this
article; and
WHEREAS, tbe City recognizes tbe interests of property owners in the continuation of
otherwise lawful uses and stmctures prior to the adoption of the City Code or lawfully permitted
under the City Code, but which would be prohibited, regulated or restricted under the terms of the
current City Code or subsequent amendments thereto; and
WHEREAS, the City desires a clear, concise and uniform regulation regarding the
continuation of lawful nonconforming uses and structures unless otherwise more specifically
regulated under the City Code; 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 oftbe citizens of Cape
Canaveral.
City of Cape Canaveral
Ordinance No. - -2006
Page I of 15
\
CV
<
',../
DRAFT August 16, 2006
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Reci tals. 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 of the Code of Ordinances, City of Cape Canaveral,
Florida, is hereby amended as follows (underlined type indicates additions and lltIikcont 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 V. NONCONFORMITIES
Sec. 110-191. Intent; rules of interpretation; buildin2 and fire codes; definitions.
(a) Intent. This article is intended to permit the continuation of those lots. structures.
uses, characteristics of use, or combinations thereot~ which were lawful before the passa$!;e
of the City Code or which at one time had been lawfully pergiitted under the City Code, but
which would be prohibited, regulated or restricted under the terms of the current City Code
or future amendments thereto. This article is desi$!;ned to provide standards and guidelines
for the control and manar!ement of noncQJlforming uses and non-complying buildings and
structures, especially in regulating changes in the use ofland or in the buildin$!;s or structures.
including quality, volume or intensity, location, ownership or tenancy, accessory and
incidental uses, extension, enlargement, replacement, or any other change in characteristic.
It is the intent of this article to permit these nonconfOffilities and non-compliances to
continue until thev are removed through discontinuance, abandonment or amortization, but
not to encourage their continuation unless othenvise authorized under this article either
expressly or by special permit. Such noneonfonning uses and stmetures are declared by this
article to be incompatible with pennitted uses in the zoning districts involved unless the City
Council issues a speci81 permit based upon evidence that special circumstances exist in
accordance with the st8lic18rcls set forth in this article. II is further the intent of this article
that nonconforming lises and stmctures shall not be enlarged upon, expanded, increased or
extended, nor be uscd as grounds t:2;I:ilgding other stmctures or uses prohibited elsewhere in
the same zonirlg district unless otherwise provided by special permit under this fu'iic1e.
e,f)' of Cape Canaveral
Ordinance No. - -2006
Page 2 of 15
CD
'.:>
,
DRAFT August 16,2006
\Vitrull tIle di5tricts cstabliskd by tLis chaptel or subsequcnt amCncll11Gllb!, tll"l{; cxist lots,
ShdduIC5, placelllellt of stwctUlcS, LISCS of land and 5tluCtwcs illld Ghalactl;.listks of use
which ~c!cla\l9 ful prior to cnactmcnt ofth(. oIdinance fiom which this sGGtton i5 deli vcd or
amGnd:l.I:lCnt, but which would be }llOhibitcd, Iegulatcd 01 lestIic.ted wIde! th" tc!m~ of this
~apteI OI subsequcut amelldmcnt. It is the illtwt of this GhaptGl to pcr.mit these
norKOllfollllltte5 to Guntwue, but not to GllCOUIagG thGll GOntillUallL-G. Suc.h 1l01lconfurmltIes
arc JeeLllcd illeoIl1}1atibk. with pClluitted lot5, stmetUle5, placement of Ml uGtu1('5, USGS and
~~~~~:~;sti~~ of usc in appliCable districts. It is fur thcI the intwt of this C.hAptCl that
~l~~~o~~f~ll.l1i~~e" shallll~t b.c used as grounds fOl add11lg oth'l stwctun5 or USGS plolublted
elsewhere 111 the SaIlIL- d]stlleL
(b) Rules or inter retation. Nothin in this article shall be inte reted as authorization
for, or approval of, the continuation of any lllegal use of a building, structure or land or
lllegal structure or building that was in violation of any ordinance in effect at the time of the
passage of this article or any amendments thereto. The casual, intermittent, temporary or
illegal use of land, building or structure or construction of an unlawful structure shall not be
a basis to establish the existence of a nonconforming use or structure. A lawful building
permit issued for any building or structure prior to the enactment of this article, the
construction of which is in conformity with approved site plans, if applicable, and building
plans shall be decmed nonconforming under this article if the building or structure is built
in full compliance with the City Code as it existed at the time of the issuance of the building
permit. In the cvcnt there is a contlict with the provisions of this article and a specific
amortization provision requiring the removal or modification of a nOl],conforming structure
or discontinuancc of a nonconfonning use of land, the provision which requires the
nonconformity to come into conlpli;Ulce with the current City Code the earliest shall apply.
Any buildillg \vbich is lllddcnonconfoJJllillg by virtue of this chaptc.l shall bG allo..c.d t~ be
replaced, if it is clestIoycd, to-the-sctmc ..,tandalds thaHt ~as P1;Ol to the adoption of this
chaptG] (Stptcl!1bcl G, 19tH). Thi5 sll,ltl:-aIsv illcIudc tho&e }110jcctS whkharc. yet to be
compktcd, bLltfor-whic-ll.rpptication-fOl site plan approval has bceu!l1adc Pl;vl to adoption
of this chapk] ancf-ftrr--\vhicha-building peImit was obtaincd befOIc fcblUaIY 28, 1984.1fa
rebuilding is ] etl Uil ed;-ath::fforts-s-hatHJc made, yy here pI aGtiUlblc, to Gonfu11l1 to the eAistillg
l:Onlllg 01 dillJnce:-
(c) BuildtjJg and (ire CQd(,L_U~LProvjsion containcd iIlJhi.~ articie. or elsewhere in the
City Codc, shall nt.!lliIY-,-~~)jd, ilbFlgatc or supercedc any rgquirement contained in a building
or fire code that]s duly en:1ctecl by law, r\l1 nonCOnfOlltliIlg lots ofrGcOld as ofS'-}ltGmb~I
6, 1983, 511,,11 be ,dlowcd-to-bcu:;cd-in-comtlUetillg sil Lletule5 that have beell dcstloy,-d. The
rebuilt st] t!CtUIL IV ill-be-rcbtttlt-asdose-as pi aeticablc to the 0r igillal building and shall !liake
eve-]] effort io-confulul tu thc-cAistillg 2,onillg oldinallcc.
(d) Definitiol1,L----6sJ~s.(;iLinJhis article, the following words shall havc the meaning
ascribed unless the context c!earlv indicates othenvise:
Cily of Cape Canaveral
(""\rcIinancc No - -2006
Parce30f 15
...
(j)
.~ :
,
DRAFT August 16, 2006
ill Destroved or destruction shall mean damage by any means, except by
vandalism or other criminal or tortious act by someone other than the property owner,
such that the cost to repair or reconstruct the structure exceeds fifty percent (50%) of
the fair market value of the structure at the time of destruction, as established by the
Brevard County Property Appraiser or by a licensed appraiser, whichever is greater.
(2) Lot of record shall mean a lot which is part of a subdivision recorded in the
official record books of Brevard County, Florida, or a parcel of land described by
metes and bounds legal description, the description of which has been recorded in the
official record books of Brevard County, Florida, and complies with the subdivision
ofland regulations of the City.
ill NOl1conformillfj: or Nonconformitv shall mean any lot, structure, use ofland
or structure, or characteristic of any use or structure which was lawful at the time of
subdivision, construction, or commencement, as the case may be, which over time
no longer complies with the City Code or other applicable law due to a subsequent
change of the City Code or other law. Thi1> GhaJ!tGl 5hall11ot be construcd to allow f01
the cAtcllsiOIl 01 GIlHrrgcmcnt of a 1l01lG01ll011Hilll;> lot vi building but is merdy
inh:11dcd to altow--th-. rebuilding of stwctUlCS 2tfto tIte lG5ult ()f a C<ltMtI6flhc in as
neaI a Sillliliu f.:t511ioIT<t:, PI acticablc.
(4) Stmctural materials ShAll mean any part, material or assembly of a building
or structure which :11Tects the safety of such building or structure and/or which
Supports any dead or designed live load and the removal of which part, material or
assembly could cause, or be expected to cause, all or anv portion to collapse or fail.
Sec. 110-192. Mobile home parks and single-family mobile home districts.
(a) Mobile home parks and single- family mobile home districts in existence on October
28,1975, shall be pennittcd, provided the number of spaces shall not exceed those licensed
or previously platted to such mobile home parks or districts on that date and provided further
that such mobile home parks shall not exceed the limits of property also on that date under
unity of title and shall be in :','cordance with state law.
(b) Removal and instalLllion of a mobile home unit shall be done only after a permit is
issued for this purpose by the building official.
Sec. 110-193. Continuance of Nonconforming structures.
The lawful use of a noncoIl f(,rn1.inJ; structure may be continued subject to the following
provisions:
City of Cape Canaveral
Ordinance No. - -2006
Page 4 of 15
@
....-- <
)
.
DRAFT August 16, 2006
W No such structure may be enlarged or altered in a way which increases its
nonconformity;
(Q2 Any structure or portion thereof may be altered to decrease its nonconformity;
W Should such structure be destroyed, it shall not be repaired or reconstructed except
in conformity with the provisions of the City Code; and
@ Should such structure be moved for any reason for any distance whatsoever, it shall
thereafter conform to the regulations of the zoning district in which it is located after it is
moved.
'.Vhcre a la~ful stltletruc cxists at the cfketivc date. of adoption 01 alllwd:u..cnt of the
Oldina.Kc .Gom which th~" section is-dclived that could not be built Ulldcl tl~s chapter because of
restJ.ktiollS on alca, lot CuvCiagC, Lc,ight, sctb"ck 01 OthCl (,hiUaetC1~sties of the stil1a..u<.. VI its
location 011 the lot, such stI uctwe maybc continucd, 50 long as itrcIDains other ~ise la~fullj snbjeet
to th<.. folIo ~ ~Hg.
(1) Such stlUctwe UI<1} not be enlarged or altered ill a ~ay which incnascs its
nOllGOnroul1ity, but dlly stl uctule vI portion thereof may be altc-led to dcer<..ase its
nonconformity.
(2) Should such StIUctll! cbc-dcstlO}cd by allY means to an extent ofmOlc than SO percent
of-1is fair malket valuc <It tilHC of destltletion, it shall not be; I{,coru;t:lncted, except .in
conformity w~th this Ghapkt.
(3) Should such structure be mOved for any rcason fOl any distancc ~hatcvCl, it shall
thelcaftcl COnfOlll1 to the lL!:',uLttiollS orthe disti~ct in llihic.h it islvvatcd aft,r it is mot<..d.
(4) '."'hCl' a lawful dwcllim,; stmcturc, located on a single lot of recOId, exists at the
,[freti v c date-ofadoptioll ul ,\llJ~ndmcllt o[thc. ordinancc fiom >\Ill1Gh this section is dCiiv\;d
that could not be built undel this chaptel, such structure may be, lCpaired, enlargGd, extended,
rebuilt, 1 eGOllstlltetcd or str lTctttraHy <11t(,[ ed, pi ov idcd that setback dim,usiolls, maximum lot
cOvcrag,c., building sctJ"ld;; lines dllJ otbu 1 CqLrilemcnts oftbc additional stmcture confollH
to tIle lI-gulaticlTIs Eo! tIlG di:;trichn-which SUGh lotis locMed:Any additional construction to
an existillg stl uctulG that Cllll\"'JdChe5 OIl sctback lcquilements must conform to the setback
requ~l elllents of the zoning-distl iet. Aliy lc.gaIly established ellcroachment all setback
rcquilements m<l)' be lcpail ed;-rcbuilt, 1 cconstructed 01 stl uetUlally <lItel cd, but not elllalgc;d
or extended, plO, ided thecncmaching }!oltioli of the stluctme is an integIal part of the
structule.
Sec. 110-194. ~()!ltilJllanCe of Nonconforming uses of land.
City ofCapc Canaveral
Ordinance No. -2006
Page 5 0 f 15
.
-'
,
DRAFT August 16,2006
A nonconforming use lawfiJlly existing at the time of the enactment ofthe City Code or any
subsequent amendment thereto may be continued subject to the following provisions:
ill No such nonconforming use shall be enlarged or increased, nor extended to occupy
a greater area ofland than was occupied at the adoption or subsequent amendment of the City
Code; unless such use is changed to a use permitted in the district in which such use is
located;
Qll No such nonconforming use shall be moved in whole or in part to any other portion
of the lot or parcel occupied by such use at the adoption or subsequent amendment of the
City Code;
W No additional structures which do not conform to the requirements of the City Code
shall be erected in connection with such nonconforming use ofland.
In an} zoning distlict, at the effecti vC date of adoption 01 amendment oftllc oldhu1nc(, from
~1~~1 ~his scction is de1ivcd, ~hete Ia~ful use oflalld cxists 111at is madc no longel pe1mi~;:);ble
undcr t1<;; ordillallCC flOm which this section is dGl; v cd, a~ enacted 01 amended, and whele 511(,h use
invoh(,s liO individual stwcMe I"iith a Ieplacement cost exceeding $2,500.00, such use nUlY be
continued, so long a~ it l\;-llia;'l~ othcnvise lawful, subject to the follow;'lg.
(1) No such nonCOllfOInling use shall be cnlarged, Ine1ci1scd or GxtGndcd to OGGupy a
gt eat"l 211(,.'1 of!<llld than \hlS-crcC11pi(,d at tlle- eff"cti vC date of adoption 01 am"lldmcnt of the
ordi1ldlICC fi on, ,'v hich this sectiOll is del i v cd, unless Such lise is changed to a use PCllllitted
in tile d;stli(,t;n whi....L ~L1cL use is 10eatGd.
(2) No such l,oIlCOnfolll1il,g use shall be nloved ill \"vholc 01 in part to any othe1 portion
cftlle IcJt or p,llccI oG(,upiecf-by-sLlCh u:.C 'It the eff"ctivG date of adoption 01 amCn&Ucllt of
the c'IdiIIQHC'-' f, olll"v'Ihich thi:;-"cction is derived:-
(3) If <lilY SLIGh nonconKJl!1 Ling use of/and ccaSC5 fOI any leason for a PCttoJ vfmo..... tharl
90 COl1sccuti v c ct\ys, any sUb:qtlCllt use of SLIGh Lmd shaII conform to the SGcti01l5 spGdfied
b, this Ch,lptcI {(II tllc distric 11n~.vlIicll SLId Ll ad is located.
(4) No additional 5tlUcttHclvl,ich dues Ilot-conf01111 to this chapter shall bc elected ill
COllllcct;Oll \\>itll sLKh hon(,onfoll,ling use ofland.
Sec. 110-195. Nonconforming uses of S 1 ructures or of structures and premises in combinatioDi
chaD1!e of use.
If a lawfiI! use involving indiyid~):dsJructur~~. or of stmctures and premises in combination,
exists at the adopl ion or stJ bseouent ;lcndment of the Ci tv Code. that would not be allowed in the
City 0 f Cap e Cana vera I
Ordinance No. - .2006
Page 6 of 15
6J
)
1
DRAFT August 16,2006
zoning district under the terms of the City Code, the lawful use may be continued so long as it
remains otherwise lawful, subject to the following provisions:
fill No existing structure devoted to a use not permitted by the City Code in the district
in which it is located shall be enlarged, extended, constructed, reconstructed, moved or
structurally altered, except in changing the use of the structure to a use permitted in the
district in which it is located;
@ Any nonconforming use may be extended throughout any parts of a building which
were manifestly arranged or designed for such use at the time of adoption or amendment of
this article but no such use shal1 be extended to occupy any land outside such building;
~ Any structure, or stmcture and land in combination, in or on which a nonconforming
use is superseded by a pennitted use, shall thereafter conform to the regulations for the
district in which such structllre is located, and the nonconforming use may not thereafter be
resumed; and
@ Where nonconformi ng use status applies to a structure and premises in combination.
removal or destruction of the structure shall eliminate the nonconforming status of the land.
If a lawfclt-me-in ,01 viug illdiyidnal stl uctuws 01 of stwetwes and ple.mise,s in combination,
with a "..place-Himt cost of$2,500.00 OJ mOJe pCl iudi\' idualstl uctuJe., e.xists at the, GffGc.ti ve date of
adoptioH 01 ,U1IGlldmcllt of the oldin<lTIcc flam wl1;ch this Se.(,ti011 is de.1ind that \1Vould Hot be
al1o~ed in the. distlict Wider this cJnpter;-tl1e la_\'ful use may be ,-,ontinucd, 50 long as it lcmains
othelwise lawful, :>ubjcct to the. foHc)',ving:-
(1) No cxistil,g stme.tUn.. dCvotGd to a use. not pClJl~ttcd by this e.haptcl ~ll the distIl,t in
wL;eh it is located shall bc-cnldl gGd, extended, COllst1llCted, leColistt uGte.d, jhovcd 01
sttuetulaHy-tritcrcd, except in-changing the use of the stlUeturc to a use pelmitted in the
distIic! ill ,dJicb it is IUCdktt:-
(2) Aliy 1101leonformillgusc-may be extended throughout any parts of a buildins which
were n1<lJJifestly 2llliillgcd orcksi[,'11ed-fol'Stlch use at the tiJue of adoption or amendment of
the- 01 dinance-flLilu r. hich tbi:;,edlun is dcri ved, but no Well USL, shall bl.> c.xtc.lldEd to occup,
ally lilud outsid,., ::,uch lmitding.
f3]---Any-:s1nrctulc OJ stl uctmccmd land ill eumbinll.tion, ill OJ on which a nOllconfollUi.1lg
use is superseded by a pClHlittcd-usc-;-sh,,1l thCleafte.J cOllfullH to th" regulations [oj the
distJ ;et ill whit h 5 uch stl uct nc-1s located, "nd lloneollforllllllg use may not thenane.I be
rcSll!lIL.d.
(4) \Vhcn-:tlrollcoufoJ uli,"7;-nsc-ofastrncttll c 01 sti tlCtUl C and P1\:;Jll;SCS in '-VlllLillatiol1
is di5cClll/int1ecl o~b,1lld')llcJ-f,~!r :>i-x-t:unsectttivc mon/h5 01 for] 8 111011ths dUlihg any tlm~e-
City of Cape Canaveral
Ordinance No. -- -2006
Page of 15
.(j)
j
,
DRAFT August 16,2006
yea! pCliod, except when govCl1liucnt adieu impedes access to the, flIW:liscs, the sL1uGture
01 stwcturc and pI emis(,s in combination shall Hot ther carter bc used, e,xccpt in eOllrol1llanCe
with the 1cgulatio1l5 ofthc di5li~et ~1 ""hi(,11 it is IO\.-at(,d.
(5) Vihcl(, noncenrormiJ1g usc status applies to a SIT uctme and p1eHhscs in combination,
rcmo v al 01 dC5tI ltetion of tIle sl1 ueM e 5hall eliminate the noucollfOnu~lo status of the land.
The tCllli "destluetion," fOl tL\.- pwposc of this subse,ctiol1, uleatlS damage to an extGilt vf
mor(, than 50 p('lcent o[thc fa~l malkct valuc at time of desttuction.
(G) The following schedule shall b(, follow(,d in twninating nOnCOltfOlln1ng use of
sir uetul e5 01 of stI uetules Ztlld plemisGs, eXGept fOllesid",lltial uscs, such tClm~latioH pCliod
shall COUU1JellCC August 4, 1971.
TADLE INSET.
+ime
Assessed 'l aluation Allowance
ofImprovcmcnts T ellllillation
in Y calS
$ 1,000.00 $ 2, 199.00 ~
2,500.00 1,999.00- .w--
5,000.00 9,999.00 :W-
10,000.00 21,999.00- *
25,000.00 19, 999-000- 40-
50,000.00 o'/cr *
(7) AI !y~nc IV or addition,;[4:t$c ,\, hich is llOncOluolluing sha11110t b.... pelnutted.
~ Notwithstanding subparagraphs (a) through (d) of this section ffl, the board of
adjustment may grant a change of use (used in conjunction with a nonconforming structure
and premises) from one noneon[oTI11ing use to another nonconforming use which is equally
or more restrictive, equally or less intensive, and equaIlyor more compatible with the
surrounding area. A petitiol! for .1 chauge shall be ~ubl1litt(.d to the building official Md shall
contaijJ or 1.,c subj ect to th~ foltowing:-
(1 '\ :~n application for a change of use shall be submitted to the building official
L:..J.
and sl1:111 include the lullowing:
a. The property owner's name and address, a recorded deed indicating
Cily of Cape Canaveral
Ordinance No. -- -2006
Page 8 of 15
\ 6J
".
DRAFT August 16,2006
ownership and the legal description of the property.
b. An affidavit executed before a notary public under penalty of peIjwy
attesting to the existing use and the date the use was established.
c. A sealed, as-built surveyor a scaled drawing of the site along with a
notarized affidavit that the drawing is true and correct. Such survey shall
show the dimensions, height, number of units and square footage of all
structures, setback of all structures, and distances between structures.
d. An application fee as established by the city council to be set forth in
appendix B to the zoning code.
e. Clear and convincing evidence that demonstrates that the proposed
nonconforming use (used in conjunction with a nonconforming structure and
premises) is as equally or more restrictive, equally or less intensive, and
equally or more compatible with the surrounding area than the present
nonconforming use.
ill The due process and notice provisions set forth in section 110-28 shall apply
to all applications for change of use.
Q2f: All proposed appl ications for change of use shall be submitted to the planning
and zoning board for its study and written recommendation to the board of
adjustment. Such proposal shall be submitted at least 14 days prior to the planning
and zoning board meeting at which it is to be considered.
illg:- Upon receipt oflhe planning and zoning board's recommendation, the board
of adjus!l11ent shall issue a written order certifying whether or not the proposed
nonconfomling use is equally or more restrictive, equally or less intensive, and
equally or more C0111pa! ible..Jhan tbe present nonconforming use. The board of
adjustment shall consider the written recommendation of the planning and zoning
board as part of the official record when hearing an application for change of use.
ill Ail cbange of li< ' recommendations and final orders shall be based on the
following relevant factur;, including, but not limited to, whether the requested use:
a. uses less :-,pace;
bas fewer ','mployees;
c. requircL:.Jc';s parking;
C i:l' of Cape Canaveral
cd inanec No. - -2006
Page 9 of 15
G)
.
J
,
DRAFf August 16, 2006
d. creates less traffic;
e. has fewer deliveries;
f. creates less noise;
g. creates a better benefit to the surrounding area than the previous use;
h. is more acceptable with the existing and future use or make up of the
area;
l. is more nonnally found in a similar neighborhood; or
J. creates less of an impact than the present nonconforming use.
h. Notice shall be given at least 15 days in ad\>allee or the public heating. The
Owner of lhe plOpclty-for I'thlch applOval is sought or his agent shall be notified by
eGltified mail. Notice of stich hearing shall be posted on the prop<:-lt} for ~hich the
change. of nOllcollfol1nillg use, is sought and at the city hall.
l. A courtesy notice may be mailed to the plOpGlty O~llcr5 of record ~ithin a
radius of 500 fGet, .I:1rov dcd, howevel, failure to blaH Ollceeiv,- sueh COthte5Y notice
shall hot afket any aclion 01 ploeecdiIlgs takGn uudcr this ar tide.
J. Any parls llld] ,'ppe"r in.l:1Cr;',OJi or be 1 GflresGntcd by an atto.ui"J at the puLlk
hearing.
k. The, uoard ohrdjllstmel1t shall 111ilke wIitlcn findings Gcrlifyilig cOITlpliance
in-the same mal1l1CI tL,\l is pIOvided for in section 110-47 ofthischaptcr. In addition
to the, CI itcl;a cullta!!lLd in e>ediou 110-47, the hoald of adjustment shall also
dctCIlllillv ifthG plOposcd nOllcullfollning use is ulOrG rcsUictivc, less intcllshe and
mOle cOlllpatibk or ~lppropriMe tIM.Il the pIesent I1CJneOllformin~ US" and in it.5
determination the board of ddj Ll:stmentl11i1y cOllsidel, illcludill~, but not limited to,
the follov\ing. Will tLe lcquested usc 0) use less :space, (ii) hav" fC\\)CI cmployee5,
tiritrequir v k~" parking; (Tvl-cre at <.- ks:, II affic, ( v ) ha~ e fc~\ CI ddi velies, (v i) cnatc
kssl1ois-:, (, ii) C1 eak ,rbcttd benefit to SUB uunding alca than pI Cv ious U5C, (';I iii) be
mOl(: clu.cl't21blc v\iththe-existing ,me! futulc me or make up of the a1ea, eix) be more
norrn-:rttyiollnd in a s::nihtMlcighborlmod, 01 ex) be of a less illlpac..t than thG prCSGllt
n01lcollfu! !lling use'?
Sec. 110-196. Nonconforming lots of record.
In any zoning district in which single-family dwellings or duplexes are permitted, a single-
City of Cape Canaveral
(lrdinancc No. -1006
Page JOof 15
-
'"\
'0)
.,
..
DRAFT August 16, 2006
family dwelling or duplex, and customary accessory buildings may be erected, expanded, or altered
on any single lot of record, notwithstanding that such lot fails to meet the requirements for area,
width, and/or depth for the applicable zoning district. This provision shall only apply where yard
dimensions and requirements other than area, width, and/or depth conform in all other respects with
the land development regulations for the applicable zoning district.
Sec. 110-197. Repaits aliJ malulLmmce; Abandonment.
ill A nonconforming use of a building or premises which has been abandoned shall not
thereafter be returned to such nonconforming use. A nonconforming use shall be considered
abandoned:
ill When the intent of the owner to discontinue the use is apparent; or
ill When the characteristic equipment and the furnishings of the nonconforming
use have been removed from the premises and have not been replaced by similar
equipment within OJ ,C hundred eighty ( 180) days, unless other facts show intention
to resume the nonconforming use; or
ill When it has been replaced by a conforming use; or
ill Where the use is discontinued or abandoned for a period of more than one
hundred eighty (180) consccutive days or for eighteen (18) months (545 days) during
any three-vear period.
(b) The city council mavgrant extensions of time for a nonconforming use ofa building
orpremises, which would ot iccrwise be considered abandoned pursuant to subsection (a), to
continue if the 3b;mdonment was directly c3used by an act of God or other emergency
situatiQ!u~utside _QJ the contr\ I of the pro~rty owner.
if} In the eVe!lta more spe~ill~_abandonment, discontinuance, or amortization provision
is stated elsewhere in this Cil\ Code for a speci fie nonconforming structure, land use, orland
area, the ab,lIlclonment, disculltinuance. and amortization provision which requires the
nonconformity Lo corne into cumpliance with the current City C()cle the earliest shall apply.
@ . in this article,or elsewhere in the City Code regarding the
abandonmellt. d lseontinuanu flr amortiza t ion of nonconforming structures or land uses shall
nullify, void, or abrogate a similar provision contained in a duly executed binding
development af,UCCl1lcnt appr '/cd by the City Council.
(a) all <rnybuilding-devutC"cnn-whtrlc-ormVartto any nOllconfollJ1illg use, ~ork maJ be
dOul- ill 2l11fPcrioli of l2-con:; ut117Cl11onth:,-cn,)TdilJetl; lc:paiJs 01 olllcpairorrcplaceuleut
of noubcaJ ing:w~lb,;-fixtttrr$;'.':iTIng-t)lphlmbingto all cxtcnt not eAcccdil1g tell pClccnt of
CIty f Capc Canaveral
Ordinance No -.- .21i06
P:lgt' J i of l
"\
(fV
.
-
DRAFT August 16, 2006
the nplacelllcnt yalue oftLe buildillg, provided that the cubic Gontent ofthG buadillg as .it
existed at the time of pMs"ge or aUielldment of the ordinance flom which this sect.ion is
deri t'ed sbaIlnot bc iUGr cased and, pro v idcd further, that such repair orreplaee-lllent shall not
aired the assessed yaluation-tillie allowance before tel1nlnatioll setting the time limit :fur
conformity, set forth in sectioullO-195(G).
(b) Nothblg in this chapter ~hall be deemed to prcvent the strengthening or re-storing to
a safe condition of any builcIing or part therwf declared to be unsafe by an official eh<'i1gcd
with protecting the public safety, upon OlJU of such official.
Sec. 110-198. Tempol ;\1 ~ Repairs and maintenance.
!ill Reasonable routine repair and maintenance of nonconforming structures is permitted
and is not a chanl'e which would terminate a nonconforming status, provided the work is
necessary to keep the structure in a state of good repair. The work may include the
replacement of existing materials with like materials. However, repairs and maintenance
may only be authorized by the city council pursuant to section 110-200 or by the building
official provided that the building official determines compliance with the following:
ill The repairs 2nd maintenance comply with applicable building and fIre codes.
ill No violation of Sections I 10-J 93, 110-J 94,110-195,110-197 exists.
ill The permittee shaILge in compliance with all other applicable provisions of
this article.
-_.,.~--
ill Theft.' are no pending code e.r,forcement actions or liens existing on the
subject ProPlTty.
(2.} Ifrcpbccmeit materials are iny()Iycd, such replacement may not exceed fifty
percent (50%) of the fair market v.,due of the stmchlre, as established by the Brevard
County ~J.:gp:ilY ApI raiser or by a licc~n~cd appraiser, whichever is greater.
(Q} Nothing in this article shall be deemed to prevent the strengthening or restoring to a
safe corl~dition of 'I]' !jllildirH~ or part thereof declared to be unsafe bv any official charged
with protecting the r~D)!jc safety, upon order of $('ch official. However, this subsection shall
not be construed C'. a means of circllmventi',r the intent of this article calling for the
elimination of nOllCUIl forming stmctures by allowing a nonconforming structure to be
substantially reol!ilt--,"o as t) extend the ordinclfY and natural life of a nonconforming
structure.
ill I!1c bllildiil', cificii1l.i authorized to perl'/it strucllmtl alterations to nonconforming
structures in instanct:.s.~vhe!:.c:.the Occupational Si1.fcty and Health Administration ("OSHA")
City OfC:lpC Can;1\<Cri,[
Ordil1i1I1Cc No. ---^- .~ U(!6
1 '--. (, [ ]
CLy
~
"
DRAFT August 16, 2006
requirements necessitate alterations, provided the alterations shall not be authorized primarily
to replace deteriorated materials. Permittees shall be required to produce verification that
said alterations are required by OSHA including, but not limited to, a citation to all
applicable OSHA regulations and any OSHA notifications requiring the alterations.
(d) This section does not apply to structures used for single-family dwelling or two-
family dwelling purposes which structures may be renovated, repaired, or replaced in
accordance with a lawfully issued building permit.
The casual, inte] 111ittCIlt, tClliPO]a1) or illcgal me ofland 0] stI uetul (5 shall not be sufficient
to establish the cxistcnccuf,rnonconfollllillg u:se. Such use shall not be validated by the adOption
of the old';Hdnce UOlli \\hidTthis section is dcrivcd;-unkss it GOllipl';(" with this chapter.
Sec. 110-199. Reserved;; Temporary Uses.
The casual, intermittent, temporary or illegal use ofland or structures, or construction ofan
unlawful structure, sha II llot be sufficient to establish the existence of a nonconforming use or
structure. Such use or structure shall not be validated by the adoption of this article or amendments
hereto, unless it complies with the terms of the City Code.
Sec. 110-200. ReserveD: Lr cda! permit.
@} The intent and purpose of this section is to recognize that there are limited and special
circumstances where overall community and public policy objectives of the City encourage,
and shall be served Qy, the continuation of some nonconforming uses and structures provided
said llses (md_';lrlL~U:rcs are not detrimental to the surrounding neighborhood and to the
community v,')llC"~'st'lblished in the City's Comprehensive Plan and City Codes. The City
Council desires to establish specific standards for this category of special permit in order to
allow the conlinu,ition of some nonconfool1inL: uses and structures _~lQ!withstanding any
contrary provisioIlS_()Lthis_;!rticle or City Code,
{Q2 The City C~\J}~~il, at a duly held public hearing, may grant a special permit to allow
the contil1~J;ltiol1 ('L,!!lQ[l('onfoml,D~Kllse or ~trllcture provided the following terms and
conditions are stric! J v sa tisficd:
_"l}l.'r ()ftllepror~crtY(l-'l~\'l~ich the nonconfonnilll! use or structure exists
IJ1cnnit applicatiol1 provic!c:,I by the City; and
ill [ demonstrates lha1 the continuation of the nonconforming use
or structure
a, is caE'l bIg()Lc:()Iltr;l~lltil1L:j'l ;i positiye way to the character and serves
lhl'J~,',,'ds_nr!!ic COITllllllllily including re-occupancy for the accommodation
City of Cape Cal1il\'eral
OrJin:U1CC >Jo.
p;! I of ! 5
--:\
(tJ)
'-
,'.
,>>
DRAFT August 16, 2006
of neighborhood walk-to-service uses, walk-to-work opportunities, and live-
work spaces; reuse of buildings with architectural or historic value; and reuse
of buildings that generate a significant economic benefit to the community;
and
b. IS compatible with, and not detrimental to, the surrounding
neighborhood in terms of traffic, noise, parking, odor, light, intensity and
land uses, hours of operation, landscaping, aesthetics, structural design, and
density; and
c. is consistent with the community values, objectives, and policies
established in the City's Comprehensive Plan and City Code.
ffl The City Council may impose conditions and safeguards as a condition of approval
of any special permit granted under this section.
Sees. 1l0-f99201-110-720. 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. Incorpor;; ion 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 nccessary 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 ordinanc ;tr:rl tllc City Code may be freely made.
Section 5. Severabiliiy. If al:Y section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any r(',Lon held invalid or unconstitutional by any court of competent
jurisdiction, whether for ;;lbStanli\c, procedural, or any other reason, such portion shall be deemed
a separate, distinct and in!! i)(:mlent provision, and such holding shall not affect the validity of the
remaining portions oftbi; Drdinance.
Section 6. Effective Da ie. This Ordinance shall become effective immediately upon adoption
by the City Council of the City 0: Cape Canaveral, Floricl3.
ADOPTED by the City COUric;! of the City of Cape Canaveral, Florida, this _ day of
,2006.
_._~
ROCKY RANDELS, Mayor
ATTEST: For Against
City orCape Cana\'c,al
Ordinance No. - -2006
Pagcl4ofl5
6P
,
/'
,,-
DRAFT August 16, 2006
Burt Bruns --
Bob Hoog
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, - -2006
Page 15 of 15
'\
@
Meeting Type: Planning &
Zoning
Meeting Date: 9/13/06
AGENDA
Heading Discussion
Item # 6
No.
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANA VERAL
SUBJECT: Discussion Chapter 2006-88 - New Law that creates Section 166.033 F.S.
DEPT.lDIVISION: Building Department
Requested Action:
Discussion regarding new law in the Florida Statutes that requires written notices to applicants that cites
applicable sections of the ordinances, rules, statutes or other legal authority. This item is to be discussed for
informational purposes.
Summary Explanation & Background:
This new change to the Florida Statutes will affect how denied applications are processed. The City Attorney
will provide a brief overview of the changes to the Florida Statutes.
Exhibits Attached:
1) Letter from the City of Attorney with proposed change in the Florida Statutes. I
Planning Official's Office I Department
I I I
. j --
~~ #-)
(}J
(,
'-v Vv\
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attornrys at Law
Debra S, Babb-Nutcher' Offices in Orlando, Kissimmee, Cocoa, Scott J, Dornstein
Joseph E Blitch Ft. Lauderdale & Tampa Andrew M Fisher
Usher L Brown - Mitchell S, Haller
Suzanne D'AgrestaC Katherine W, Latorre
Anthony A Garganese" Amy J, Pitsch
J,W, Taylor -
Jeffrey S, Weiss
- Erin J, O'Leary
Catherine D, Reischmann
William E Reischmann, Jr.
-Board Certified Civil Trial Lawyer Of Counsel
uBoard Certified City, County & Local Government Law
.'~
June 16, 2006
Bennett Boucher
City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Re: Chapter 2006-88
Dear Bennett:
The Governor recently signed into law Chapter 2006~88 regarding the issuance of
development permits by municipalities. This new law creates Section 166,033 Florida
Statutes which provides:
When a municipality denies an appHcationfor a development permit the.
municipa,litj shall gi~'e' wr;t~c;l (.utloE; LV a'it::: 8fJtY!icant Ttle nolice tilust
include a citation to the applicable portions of an ordinance, rule, statute, or
other legal authority for the denial of the permit. As used in this section, the
term "development permit" has the same meaning as in s, 163.3164.
Section 163.3164 defines a development permit to mean any building permit, zoning
permit, subdivision approval, re-zoning certification, special exception, variance, or any
other official action of local government having the effecti\/e permitting the development
of land.
The new law is effective October 1, 200(3 Given the breath of the definition of
development permit, this small change to Chapter 166 wUI have a very significant impact
on the manner in which a municipality denies a development permit. As written, this new
law will apply not only to the City Council in their role of j-evie'vving development permits,
225 East Robinson Street, Suite 660 . P.O. Box 2873 . O,lando. Florida 32802-2873 ciJ
Orlando (407) 425-9566 Fax (407) 425-9596 . Kissimmee (321) 402-0144' Cocoa (8561425-9566. rt Lauderdale (954) 670-1979
Website: wwworlanaolaw,net. Ema": firm@crlanjcla;<!.net
Boucher, B.
June 16, 2006
Page 2
but the law will also apply to other quasi-judicial boards and administrative personnel (e.g.
buildingofficial) that have final decision making authority regarding development permits.
I recommend that this letter be provided to the members of the City Council, quasi-
judicial board members, and other City personnel who have authority to deny a
development permit. I also suggest that this letter be provided to advisory boards who
make recommendations regarding development permits, like the P & Z Board/LPA. These
boards should ensure that they clearly articulate the reasons for their recommendations,
(;SpaCi8;;~: rec:::;c,n-:Grldat0GS t(~.ce!'r):'. 3~9\;s!0prr.er.lt permit . .,~i':.': -
Please feel free to contact me should you wish to discuss this further.
Enclosure
AAG/slb
Q)
CHAPTER 2006-88
Committee Substitute for
Committee Substitute for Senate Bill No. 1112
An act relating to the denial of development permits; creating s.
125.022, F.S.; requiring a county to give written notice of its decision
to deny a development permit; specifying information that the notice
must include; defining the term "development permit"; creating s.
166.033, F.S.; requiring a municipality to give written notice of its
decision to deny a development permit; specifying information that
the notice must include; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 125.022, Florida Statutes, is created to read:
125.022 Development nermits.-When a countv denies an application for
a development permit. the county shall give written notice to the applicant.
The notice must include a citation to the applicable portions of an ordinance.
rule. statute. or other leg-al authority for the denial of the permit. As used
in this section. the term "development permit" has the same meaning- as in
s. 163.3164.
Section 2. Section 166.033, Florida Statutes, is created to read:
166.033 Development permits.-When a municipality denies an applica-
tion for a development permit. the municipality shall give written notice to
" the applicant. The notice must include a citation to the applicable portions
of an ordinance. rule. statute. or other leg-al authoritv for the denial of the
permit. As used in this section. the term "development permit" has the same
meaning- as in s. 163.3164.
Section 3. This act shall take effect October 1, 2006.
Approved by the Goyernor June 7, 2006.
Filed in Office Secretary of State June 7, 2006.
~
1
CODING: Words strickon are deletions; words underlined are additions.
c0