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HomeMy WebLinkAboutP & Z Board Packet September 27, 2006 City of Cape Canaveral PLANNING & ZONING BOARD REGULAR MEETING CITY HALL ANNEX 111 POLK AVENUE SEPTEMBER 27,2006 7:30 P.M. Call to Order Roll Call NEW BUSINESS 1. Approval of Meeting Minutes: September 13, 2006. 2. Review and Recommendation to City Council Re: Proposed Ordinance Regarding Vacation Rentals - Kate Latorre, Assistant City Attorney. OPEN DISCUSSION ADJOURN Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and/or Community Appearance Board who 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 SEPTEMBER 13, 2006 A Regular Meeting of the Planning & Zoning Board was held on September 13, 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 Rocky Randels Mayor Robert Hoog Mayor Pro T em T odd Morley Building Official Brian Dennison Captain, CCVFD Kate Latorre Assistant City Attorney Todd Peetz City Planner Susan Chapman Secretary Chairperson McNeely advised the audience of the rules of the meeting. She announced that the meeting ';,vill adjourn by 10:00 p.m. NEW BUSINESS: 1. Approval of Meetinq Minutes: Auqust 23,2006. Motion by Harry Pearson, seconded by Lamar Russell, to approve the meeting minutes of August 23, 2006, with a minor correction. Vote on the motion carried unanimously. 2. Review and Recommendation to City Council Re: Final Repiat of Beachside Townhomes - 2nd Addition. Replat of Lot 13. Block 5, Avon bv the Sea Subdivision - John Johanson, Applicant. John Johanson declared a conflict of interest and submitted the appropriate form to the Secretary. Todd Peetz, City Planner, gave an overvie\^/ of the project. Brief discussion followed. Motion by Lamar Russell, seconded by Donald Dunn, to recommend approval of the Final Replat for Beachside Townhomes - 2nd Addition, as presented. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes September 13, 2006 Page 2 3. Review and Recommendation to City Council Re: Proposed Ordinance Repealinq Storaqe of Liquefied Petroleum Products - Section 110-354 (c)(6) of the Cape Canaveral Code of Ordinances - Anthony Garqanese, City Attorney. Kate Latorre, Assistant City Attorney, advised that this ordinance was prepared in response to the meeting on August 23rd, and it simply repeals the special exception for storage of liquefied petroleum from the M-1 industrial district. Donald Dunn questioned why the Board was considering removing liquefied petroleum products from the City code. Mr. Dunn then referred to Coastal Fuels application and previous testimony which held that what is being stored is not liquefied petroleum; they want to store gasoline which is liquid petroleum. He stressed the difference between the terms "liquefied" and "liquid". He clarified that changing the code does not apply to what is being stored there. Todd Morley, Building Official, distributed and explained the results of research performed by City staff since the last meeting. The Board members reviewed the provided information. He read definitions of liquefied petroleum from the NFPA 101, 2006 edition, Florida Building Code, Fuel Gas, and Dept. of Environmental Protection. He provided a general historical overview of the term LP gas from a series of articles from the New York Times written in 1962 entitled "The First Fifty Years of LP-Gas"; "NFPA Documents & Papers Written over the Past 1 00 Years" in which he noted that there are ten instances 'iNhere liquefied petroleum gas was written for the NFPA dating back to 1934. He provided a historical overview of the City code references to Liquefied Petroleum products, referring to June 7, 1966 City Council Meeting Minutes approving Ordinance 13-66, Adopting Section 15, The National Board of Fire Underwriters for the storage and handling of liquefied petroleum and gases cited as NBFU #58; a copy of Ordinance 13-66; a current print-out of NBFU #58; a copy of a 1962 City code which explained the uses permitted in M-1 and M-2 zoning districts. He noted that neither liquefied or liquid petroleum were mentioned; he read a 1964 City code, regarding prohibited uses and special requirements for uses in M-1 and M-2, (3) regarding the premises used by gasoline, oil and petroleum storage tanks; zoning regulations adopted by Ordinance 12-71, District and Intent of the M-1, M-2 and M-3 zoning districts pointing out that the previous language regarding the bulk storage of gasoline, oil and petroleum had been removed and that the City code now began regulating liquefied petroleum storage. He cited current code references to liquefied petroleum which contrasted the current references to liquid petroleum. Specifically, Ordinance 22-94, Section 38-4, Restriction on Storage and Dispensing of Flammable Materials and Liquids; Article III, Occupational License Tax, Section 70-66, Definitions; f\rticle II, Public Service Tax, Section 70~26, Definitions. Based on the definitions, general history and historical City code references, Mr. Morley maintained that previous City Councils intentionally removed the bulk storage provision of liquid petroleum from the City code, and likewise, subsequent City Councils have historically demonstrated a functional knowledge of the definition of liquefied petroleum. He advised that the City code does not provide a special exception for the storage of liquid petroleum. Mr. Morley stated that the City put in a code to regulate liquefied petroleum and they meant liquefied petroleum, He maintained that the special exception that was granted in 1991 to Coastal Fuels was based on an interpretation that he would not have made. He voiced his opinion that the ordinance presented to the Board is a good ordinance and should not be repealed. Planning & Zoning Board Meeting Minutes September 13, 2006 Page 3 He advised that the use has been granted to other properties that store and sell propane; if the ordinance is repealed, the City will be affecting and could cause a hardship on those merchants by making it a non-conforming use. He explained that what the City needs is to look at how they want to regulate liquid petroleum storage tanks. The Board members reviewed the ordinance. Discussion followed regarding defining a fire district, buffering, safety, and existing locations of liquefied petroleum. Werner Grewe, 8921 lake Drive, questioned what was discussed at the last meeting. He believed that the meeting clarified the difference between liquefied and liquid petroleum. Kate latorre, Assistant City Attorney, explained that as staff researched the definition of liquefied petroleum, they became smarter, and realized that the definition of liquefied petroleum was not applicable to what Coastal Fuels was seeking. She further explained that anyone can come forward with a request for an ordinance change but, there is a specific public hearing process. lamar Russell verified that there is nothing written in the City code that specifically allows for large storage of liquid petroleum however, an existing use would be grandfathered and not allowed to be expanded. Joe Glover, owner of Glover Oil, advised that he grew up in this area and he purchases all of his supply from Coastal Fuels. He advised that when there was a fuel supply shortage in the State of Florida a few years ago, it was because there were not enough petroleum product storage facilities. He stated that the State has only a three day supply if all the ports are shut off. He stressed that the one thing the State of Florida needs is additional storage facilities. Mr. Glover explained an alternative type of fuel which is Ethanol and Bio Diesel. In order for the Port to handle this product, they will need to put in additional storage. He noted that the State of Florida sells 23 million gallons a day in gasoline sales and the State has no pipe lines to supply the fuel. lamar Russell questioned if Coastal Fuels supplies Orlando International Airport with aviation fuel. Mr. Glover did not know but, commented that there is a pipeline of that type of fuel that runs from Tampa to Orlando. Brief discussion followed regarding fuel additives. Chairperson McNeely requested that staffs additional research should include all types of fuels. John Bond, 8931 lake Drive, advised that this issue originally started as a Coastal Fuels problem. Now it is a City issue. He stated that the Port has currently set aside 32 acres on the North side and is currently negotiating with VITal, Inc. to put a number of different fuels, including aviation fuel which will piped to Orlando International Airport. Mr. Bond questioned how many gallons of lP the existing merchants were using. Todd Morley responded that staff wil! be researching the quantity, placement and buffering of existing liquefied petroleum tanks currently located within the City, and would report back to the Board. Richard Evans, 8921 lake Drive, commented that Mr. Glover was correct that the State needs additional storage facilities just not in Cape Canaveral. He commented that a BLEV.E is possible, although unlikely, with storage of liquid petroleum products. !\~r. Evans stressed the concern that the City can not afford to have liquefied petroleum products in any quantity near residential homes. He urged the Board to consider the proposed ordinance from the standpoint of safety of the residents. Planning & Zoning Board Meeting Minutes September 13, 2006 Page 4 Evelyn "Annie" Tennenbaum, 8921 Lake Drive, advised that at the last meeting the residents tried to explain and document their concerns. She stressed that the issue is not the supply, the issue is buffering and safety. She commented that she was very disappointed this evening because the City Attorney at the last meeting put the wording together for the proposed ordinance and the information presented this evening is only to clarify the language which should have been concluded at the previous meeting. Chairperson McNeely responded that this issue will take a lot of research and study. She assured the audience that the City would not drop-the-ball on this issue. Marianne Brokus, 8911 Solana Lake Drive, advised that approximately 11 years ago, the City gave Coastal Fuels permission to expand and install two more tanks, and the Mayor at that time, had said that the City will allow these two tanks but that's the end of their expansion. Katie Mantuso, 8899 Solana Lake Drive, asked how the proposed ordinance had nothing to do with Coastal Fuels, when according to the City code liquid petroleum is a non- conforming use. Lamar Russell responded that the City code says that a non- conforming use can not be expanded. He explained that if someone wants to come in and ask for a code change to make that use conforming they could do that. He further explained that Coastal Fuels can not come in with an application to increase liquid storage because there is no City code that allows that use. Lee Ann Mann, resident of Port Canaveral Trailer Park, asked for clarification of the issue being discussed. She also asked for clarification of liquid petroleum and liquefied petroleum. She questioned where the existing merchants would receive their product if Coastal Fuels no longer existed. The Board members answered her questions. She voiced her concern regarding being on a barrier island and trying to evacuate in case of an emergency. Chairperson McNeely advised that there are established evacuation routes in place but yes, evacuation is always a concern. Scott Wiedermann, 202 Harbor City Boulevard, Melbourne, spoke on behalf of Coastal Fuels. He voiced his opinion that it is important to recognize all the corporate entities of Cape Canaveral that Coastal Fuels directly supplies. He advised that Coastal Fuels distributes 90% of the fuel to the cruise lines. He explained that if a regulatory agency should require Coastal Fuels to add an additive or some type of liquefied petroleum to their existing operation without such mechanism from the City they would have no way to supply or meet the regulatory agencies that could put pressure on them and the other corporate residents of Cape Canaveral. He voiced his opinion that at a minimum, it should be addressed to a determination of how this special exception will affect other merchants \vithin the City to abide by the numerous other regulatory agencies that are out there. He advised that Coastal Fuels not only supplies the cruise lines but, also NASA directly for their recovery of the solid rocket boosters, the barges and ships that are used for that purpose. Coastal Fuels also supplies directly to Exxon, Mobil, Pilot, RaceTrac, Cumberland Farms, and the United States Navy. He believed that there needs to be a special exception to allow the continuous supply to the corporate residents of the City that also bring in revenue and generate the economy of the Counties and throughout the State. Planning & Zoning Board Meeting Minutes September 13, 2006 Page 5 Mr. Wiedermann spoke about negative impacts to existing merchants if the City goes forward with the adoption of the proposed ordinance. He offered to facilitate a workshop with Coastal Fuels and other fuel merchants with the City to further outline the affect that this ordinance may have. He stated for the record that he was an employee of Coastal Fuels. A resident of the City questioned the Coastal Fuels representative as to why the facility has not complied with EPA regulations. Chairperson McNeely advised that the question was not part of what the Board was considering at this time but, it would be addressed. Evelyn "Annie" Tennenbaum commented that the reason why they are here is because Coastal Fuels is adjacent to their property and there is a conflict. She suggested that they find other places to expand. Discussion followed. Lamar Russell explained that in 1991 when the special exception was granted to Coastal Fuels for an expansion the Board thought that liquid and liquefied were both the same. Mark Morrison, 8931 Lake Drive, thanked the Board and Building Official. He reiterated what Lamar Russell had already said that the City code does not allow Coastal Fuels to expand. He advised that Coastal Fuels or anyone has a right to request a change in the City code. He stated that if Coastal Fuels does that the Board will see all of the residents again. He commented that the ordinance was exceptionally well done. Motion by Lamar Russell, seconded by Donald Dunn, that the Board make no recommendation at this time. That the Board will reconsider the proposed ordinance amending Section 11 O~354 (c) (6) at a later meeting after the City Attorney's office and City staff work together to redefine liquefied petroleum storage with clear unified appropriate definitions; define fire district(s) and where they should be applied; apply buffers and safety factors; and City staff identify the quantity, placement and buffering of existing liquefied petroleum tanks currently located within the City. Vote on the motion carried unanimously. 4. Review and Recommendation to City Council Re: Proposed Ordinance Clarifyinq Non-Conforminq Uses and Structures - Section 191-201 of the Cape Canaveral Code of Ordinances - Anthony Garqanese. City Attorney. Kate Latorre, Assistant City Attorney, advised that the proposed ordinance was a result of several workshops and all of the recommendations are incorporated into this ordinance. The Board members reviewed the proposed ordinance. Discussion followed. ~.1otion by Donald Dunn, seconded by Lamar Russell, to recommend approval of the proposed ordinance to City Council \vith the amendment that the wording "special permit" be changed to "special building permit". Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes September 13, 2006 Page 6 5. Discussion Re: Chapter 2006-88, Amendinq Florida Statute 166.033 - Written Notice Requirements for Denial of a Development Permit - Anthony Garqanese, City Attorney. Kate Latorre, Assistant City Attorney, advised that this amendment will go into effect starting on October 1 st, and affects several of the City Boards. She explained that the legislature amended Florida Statute 166.033 to require that when any request is denied, the denial must refer to the specific code or law in which the denial is based. Discussion followed regarding implementing the written criteria and findings to meet the requirement. Following discussion, Kate Latorre offered to work with the Building department in generating a check list to comply with the new code requirement. Motion by Bea McNeely, seconded by Harry Pearson to direct the City Attorney's office to work with the Building Official in creating a check list for compliance. Vote on the motion carried unanimously. 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: 9/27/06 AGENDA Heading Proposed Ordinance Item # No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Review and Recommend to City Council Proposed Ordinance regarding Vacation Rentals. DEPT.lDIVISION: Building Department Requested Action: Review and Recommend to City Council proposed ordinance regarding Vacation Rentals. Summary Explanation & Background: Several months ago we had a series of public meetings regarding Vacation Rentals also referred to as short-term rentals. The City Attorney is providing a draft ordinance for your review and recommendation. I I Exhibits Attached: I I I I 1) Proposed Ordnance. Planning Official's Office Department DRAFT September 21, 2006 ORDINANCE NO. - -2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; CLARIFYING THE INTENT OF THE R-1, R-2AND R-3 RESIDENTIAL ZONING DISTRICTS; DEFINING THE TERM "TRANSIENT COMMERCIAL USE;" PROHIBITING TRANSIENT COMMERCIAL USES IN THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS FOR SINGLE FAMILY DWELLINGS OR MULTIPLE FAMILY DWELLINGS WITH FOUR (4) OR LESS UNITS FOR PERIODS OF LESS THAN NINETY (90) CONSECUTIVE CALENDAR DAYS; MAKING CONFORMING AMENDMENTS TO CHAPTER 110, ZONING; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHERFAS, the maintenance of the character of residential neighborhoods is a proper purpose of zoning. See Village of Euclid v. Ambler Co., 272 US. 365 (1926); Miller v. Board of Public Works, 234 P. 381 (Cal. 1925); and WHEREAS, limitations on transient commercial uses of residential dwelling units serve a substantial governmental interest in preserving the character and integrity of residential neighborhoods. See Cope v. City of Cannon Beach, 855 P.2d 1083 (Or. 1993); Ewing v. City of Carmel-By-The-Sea, 286 Cal. Rptr. 382 (Cal Ct. App. 1991); and 'WHEREAS, the City seeks to maintain residential zoning districts that are free from congestion and overpopulation and that promote the permanent residency of families; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: City of Cape Canaveral Ordinance No. - -2006 Page 1 of 6 DRAFT September 21, 2006 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE I. IN GENERAL Sec. 110-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: *** Transient commercial use means the rental or use of a residential dwelling unit as a bed and breakfast- hosteL hoteL inn- lodge- moteL resort or other transient lodging uses for compensation. money. rent or other bargained for consideration given in return for occupancy. possession or use of the dwelling unit *** ARTICLE VII. DISTRICTS *** DIVISION 2. R-l LOW DENSITY RESIDENTIAL DISTRICT Sec. 110-271. Intent. The requirements for the R -llow density residential district are intended to apply to an area of single-family unattached residential development Lot sizes and other restrictions are intended to promote and protect a high quality of residential development free from congestion and over:population. to promote the permanent residency of single families and to enhance and maintain the residential character and integrity of the area. City of Cape Canaveral Ordinance No. - -2006 Page 2 of 6 DRAFT September 21, 2006 *** Sec. 110-275. Prohibited uses and structures. ll!l. The transient commercial use of a single-family dwelling for less than ninety (90) consecutive calendar days is prohibited. ilil In thc R-l low dcnsIty lcsldcntlal dlst1lct, all All other uses not specifically or provisionally permitted in this division and any use not in keeping with the single-family residential character of the district, including two-family and multiple-family dwellings, townhouses and mobile homes parks, are prohibited. *** DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-291. Intent. The requirements for the R-2 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further. the provisions herein are intended to promote areas free from congestion and overpopulation. to promote the permanent residency of families and to enhance and maintain the residential character and integrity of the area. *** Sec. 110-295. Prohibited uses and structures. ill The transient commercial use of a single-family dwelling or a multiple-family dwelling with four (4) units or less for a period of less than ninety (90) consecutive calendar days is prohibited. ilil III llIc; R 2 Ulc;JiuJll Jc;ll::.ily lc;::.iJc;lllial Ji::.LJid, all All other uses and structures not specifically or provisionally permitted in this division are prohibited. *** DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-311. Intent. City of Cape Canaveral Ordinance No. - -2006 Page 3 of 6 DRAFT September 21, 2006 The requirements for the R-3 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further. the provisions herein are intended to promote areas free from congestion and overpopulation. to promote the permanent residency of families and to enhance and maintain the residential character and integrity of the area. *** Sec. 110-315. Prohibited uses and structures. ill The transient commercial use of a single-family dwelling or a multiple-family dwelling with four (4) units or less for a period of less than ninety (90) consecutive calendar days is prohibited. ili2 In the R-J medium del1i>~ty lei>~de1lt~al J~i>tl~d, <111 All other uses and structures not specifically or provisionally permitted in this division are prohibited. *** Section 3. Conforming Amendments. The following conforming amendments are made to Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida (underlined type indicates additions and ~tl~kc;vut 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 2. R-l IJOW DENSITY RESIDENTIAL DISTRICTS *** Sec. 110-272. Principal uses and structures. The principal uses and structures in the R-llow density residential district are as follows: City of Cape Canaveral Ordinance No. - -2006 Page 4 of 6 DRAFT September 21, 2006 Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel. Dwdling nnitIcntah; of less than sCven da:)'s arc prohibited. *** DIVISION. 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT *** Sec. 110-292. Principal uses and structures. In the R-2 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more thai1 15 dwelling units per net residential acre, aud dwdliu~ uuit lcoirtah of let,t, nUlll "'covcou Jay", illCO coAJllco",,,,ly }lwlliLitcJ. *** DIVISION 4. R=3 MEDIUM DENSITY RESIDENTIAL DISTRICT *** Sec. 110-312. Principal uses and structures. 1'1 the R~3 medium density residential district, the principal uses and stnrctures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. City of Cape Canaveral Ordinance No. -2006 Page 5 of 6 DRAFT September 21,2006 Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre, and dwclling unit Icntah of less than SCvCl1 days ellC cxpIcssly prohibitcd. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. 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 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 6 of 6