The URL can be used to link to this page

Home My WebLink AboutMay 26, 2010 - Board PacketMA11onOWN Wv»c� ROLL CALL: NEW BUSINESS: City of Cape Canaveral Community Development Department NING & ZONING BOARD MEETING E CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE MAY 26, 2010 7:00 P.M. AGENDA 1. Continued Discussion & Recommendation to City Council Re: Proposed Ordinance Amending Section 110-557, to Allow Commercial Parking Facilities by Special Exception in the C-1, M-1 and C-2 Zoning Districts (tabled at previous meeting). OPEN DISCUSSION: ADJOURNMENT: 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 ndevidence 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 may or 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. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www.cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida Planning and Zoning Board May 12, 2010 STAFF REPORT Request: To revise the City code to add commercial parking facilities as a principal use. Applicant: Banana River LP, John and Bob Porter History: Mr. Porter approached staff and asked if he could provide parking, for a fee, on the former Azteca Restaurant property. He wanted to be able to have commercial parking to support other uses in the area; uses such as overflow parking for restaurants, parking for beach goers and those on cruise ships, etc. Staff researched the request and determined that our code does not expressly address commercial parking facilities either as a principal or special exception use. Mr. Porter was advised that the code would have to be revised to accommodate his request and he therefore filed the attached "Application for Amendment to Zoning Ordinances". Please see the application for reasons and support for the request. Mr. Porter's research reveals that Cocoa Beach, Melbourne, Malabar, Vero Beach, and New Symrna Beach allow for commercial parking facilities as a permitted use in commercial zoning districts. This request was brought the P&Z Board on April 14, 2010 as a discussion item. P&Z discussed the issue and it was the Board's consensus that commercial parking should be a special exception rather than a principal use and that requirements for visual barriers, minimum distance separations, etc. should be expressly addressed in the code. The Board recommended using the criteria for vehicle rental facilities and outside storage in preparing criteria for parking facilities. In addition to allowing for commercial parking in C-1 and C-2, the Board asked staff to consider parking garages in M-1. Analysis: Pursuant to review of Sec. 110-556, Vehicle rental facilities and other sections of the code staff proposes the following criteria for commercial parking facilities: (1) A commercial parking facility shall not be located within one-third of a mile from an existing commercial parking facility, as defined under this section. For the purposes of this subsection, all measurements of distances shall be along a straight line from the closest property boundary of the existing use to the closest property boundary of the proposed use; (2) Minimum lot area for facilities shall be 12,000 square feet; (3) Minimum lot width for facilities shall be 100 feet; (4) That a continuous, densely planted, greenbelt of not less than 15 feet in width, penetrated only at points approved by the Cape Canaveral Planning and Zoning Board, under site plan approval, for ingress and egress to the property, shall be provided along all property lines abutting public rights-of-way or properties zoned residential or in residential use. Said greenbelt shall be in conformance with the requirements of section 110-566 et seq. of the City Code, as may be amended from time to time. Where a wall or fence is to be used as screening, as may be provided within this Code, the greenbelt will be located between the property line and the wall or fence such that greenbelt is adjacent to the bordering property; (5) Outside areas where the motor vehicles are to be parked shall be paved and striped in accordance with the city's off-street parking regulations; (6) All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street and shall not be placed so as to endanger pedestrian traffic; (7) Servicing or repair of vehicles is prohibited; (8) All outdoor paging or speaker systems are expressly prohibited; and (9) The hours of operation for such facility shall be limited to 7:00 a.m. to 9:00 p.m. daily. (10) Each application for a special exception under this subsection shall be accompanied by a site plan drawn to scale depicting the parking lot, any buildings, landscape buffers, and driveways. Commercial parking facilities shall be required to submit site plans and undergo review per "Article VI. Site Plans" of the Code of Ordinances. Staff recommendation: Staff recommends that commercial parking facilities be allowed as a special exception use in C-1, C-2, and M-1 pursuant to the criteria listed in the proposed ordinance. ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING OF THE CAPE CANAVERAL CODE OF ORDINANCES TO AUTHORIZE COMMERCIAL PARKING FACILITIES BY SPECIAL EXCEPTION IN THE C-1, M-1 AND C-2 ZONING DISTRICTS SUBJECT TO CERTAIN MINIMUM REQUIREMENTS; 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 WHEREAS, the City Council desires to amend the City Code to authorize commercial parking facilities by special exception in the C-1, M-1 and C-2 zoning districts; 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: 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 VII. DISTRICTS City of Cape Canaveral Ordinance No. _-2010 Page 1 of 5 DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT Sec. 110-334. Special exceptions permissible by board of adjustment. (c) Special exceptions may be permitted for the following: 22 Commercial parking facilities as provided in section 110-557 of this Code All special exception applications for commercial parking facilities shall be accompanied by a site plan drawn to scale depicting the parking lot any buildings landscape buffers and driveways. Commercial parking facilities shall be subject to the City's site plan review procedures set forth in Article VI Site Plans of this Chapter. DIVISION 6. M-1 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: Commercial parking facilities, as provided in section 110-557 of this Code All special exception applications for commercial parking facilities shall be accompanied by a site plan drawn to scale depicting the parking lot any buildings landscape buffers and driveways. Commercial parking facilities shall be subject to the City's site plan review procedures set forth in Article VI Site Plans of this Chapter. City of Cape Canaveral Ordinance No. _-2010 Page 2 of 5 DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT Sec. 110-383. Special exceptions permissible by the board of adjustment. (c) Special exceptions may be permitted for the following: (14) Commercial parking facilities, as provided in section 110-557 of this Code All special exception applications for commercial parking facilities shall be accompanied by a site plan drawn to scale depicting the parkin lot, of any buildings landscape buffers and driveways. Commercial parking facilities shall be subject to the City's site plan review procedures set forth in Article VI Site Plans of this Chapter. ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 6. VEHICLES AND VESSELS Sec. 110-557. Commercial parking facilities. La,2 Commercial parking facilities shall mean facilities primarily engaged in the commercial enterprise of providing_ parking space for motor vehicles usually on an hourly, daily, or monthly basis. Commercial parking facilities may be authorized by special exception in the C-1 M-1 and C-2 zoning districts subject to the general conditions for special exceptions and the following minimum requirements: A commercial parking facility shall not be located within one-third (1/3) of a mile from an existing commercial parking facility. For the purposes of this subsection, all measurements of distances shall be along a straight line from the closest property boundary of the existing use to the closest property boundary of the roposed use, City of Cape Canaveral Ordinance No. _-2010 Page 3 of 5 Minimum lot area for commercial parking facilities shall be 12,000 square feet; Minimum lot width for commercial parking facilities shall be 100 feet, A continuous, densely planted. greenbelt of not less than 15 feet in width penetrated only for ingress and egress to and from the property at points approved b� the City during site plan review, shall be provided along all property lines abutting public rights-of-way or properties zoned residential or containing residential use Said greenbelt shall be in conformance with the requirements of section 110-566 et seq. of this Code, as may be amended from time to time. Where a wall or fence is proposed as screening, as authorized by this Code the greenbelt will be located between the property line and the wall or fence such that greenbelt is adjacent to the bordering property; Parking areas shall be paved and striped in accordance with the city's off- street parking regulations, (6) All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street and shall not be placed so as to endanger pedestrian traffic; On-site servicing or repair of vehicles is prohibited; Outdoor paging or speaker systems are expressly prohibited; Hours of operation shall be limited to 7:00_a.m. to 9:00 mm. daily; and LL01 The parking of boats, trailers recreational vehicles and special purpose vehicles shall be prohibited. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or City of Cape Canaveral Ordinance No. _-2010 Page 4 of 5 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption 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 .2010. ATTEST: Mia Goforth, Acting City Clerk I" Legal Ad published: First Reading: 2"d Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No. _-2010 Page 5 of 5 Against �ro > •� W s4 Nm°W 'a + P. k H � U � fu U +U 0 0 s4 ' z 9b w c -P C4 o C U - >10 -ru+ U)m ra > o o a C (6 .-{ 1' .,1 -ri .,y U O �4 r❑ 3 > r c LL1JURm i 0 0 fu bi rU s4 o +) �4 9b w c -P C4 C U QUA >10 -ru+ U)m ra > o o a C (6 .-{ a3 .,1 -ri .,y U O �4 r❑ 3 > a) O M�4 fu bi rU c 4a -H M O C >' �4 -P C4 4-3 a7 c m `H w° -ru+ U)m N .-i o o a C (6 .-{ a3 _ U 4-) U O O C >' -i 'D . C4 4-3 a7 }O2�' >1 o a N .-i C (6 .-{ 0 0o r❑ 3 V C olzr R1 ro to + as u ul X U C a) O U ,-+ O � al -ri N 4 •,y ro M ro Q � a. a-) U C • CL U) U Nlz H r. U f a} (1 d-) M aJ u u «s p, as �40�5 a.1 3-) 44 -i� fA S4 a) N � cwo �H 44-°� >,UU o a) N �rir ',x 0, •ri bl 1� t6 Si ro r~ N M rC a) -�4 a U d 4-I fu M� (0 Q i 0 + � •� N fa Z • M M a) y .0 N 10 N O rt N -rH � •rli 8 ri •ri C (1 :-1 -r1 4.) a) 10 9 H O O � - S4 44 0) ro to i4 ki .Sa w C - 1 4a m >, P O O 44 O2 ,--i N N .-� z O rd 4.) m > � O (6 :j as O O °O bi U X 43 0 bl 4-3 O E N moi) >. CO Ua) C N + •. O P3U m - E ror "O U>r O O � N _ a) �U -H lq>10 � UALL 1 U UKllLK: ROLL CALL: NEW BUSINESS: City ®f Cape Canaveral Community Development Department NING & ZONING BOARD MEETING E CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE MAY 26, 2010 7:00 P.M. AGENDA Continued Discussion & Recommendation to City Council Re: Proposed Ordinance Amending Section 110-557, to Allow Commercial Parking Facilities by Special Exception in the C-1, M-1 and C-2 Zoning Districts (tabled at previous meeting). OPEN DISCUSSION: ADJOURNMENT: 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 may or 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. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247 www.cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida Planning and Zoning Board May 12, 2010 5:5151 Request: To revise the City code to add commercial parking facilities as a principal use. Applicant: Banana River LP, John and Bob Porter History: Mr. Porter approached staff and asked if he could provide parking, for a fee, on the former Azteca Restaurant property. He wanted to be able to have commercial parking to support other uses in the area; uses such as overflow parking for restaurants, parking for beach goers and those on cruise ships, etc. Staff researched the request and determined that our code does not expressly address commercial parking facilities either as a principal or special exception use. Mr. Porter was advised that the code would have to be revised to accommodate his request and he therefore filed the attached "Application for Amendment to Zoning Ordinances". Please see the application for reasons and support for the request. Mr. Porter's research reveals that Cocoa Beach, Melbourne, Malabar, Vero Beach, and New Symrna Beach allow for commercial parking facilities as a permitted use in commercial zoning districts. This request was brought the P&Z Board on April 14, 2010 as a discussion item. P&Z discussed the issue and it was the Board's consensus that commercial parking should be a special exception rather than a principal use and that requirements for visual barriers, minimum distance separations, etc. should be expressly addressed in the code. The Board recommended using the criteria for vehicle rental facilities and outside storage in preparing criteria for parking facilities. In addition to allowing for commercial parking in C-1 and C-2, the Board asked staff to consider parking garages in M-1. Analysis: Pursuant to review of Sec. 110-556, Vehicle rental facilities and other sections of the code staff proposes the following criteria for commercial parking facilities: (1) A commercial parking facility shall not be located within one-third of a mile from an existing commercial parking facility, as defined under this section. For the purposes of this subsection, all measurements of distances shall be along a straight line from the closest property boundary of the existing use to the closest property boundary of the proposed use; (2) Minimum lot area for facilities shall be 12,000 square feet; (3) Minimum lot width for facilities shall be 100 feet; (4) That a continuous, densely planted, greenbelt of not less than 15 feet in width, penetrated only at points approved by the Cape Canaveral Planning and Zoning Board, under site plan approval, for ingress and egress to the property, shall be provided along all property lines abutting public rights-of-way or properties zoned residential or in residential use. Said greenbelt shall be in conformance with the requirements of section 110-566 et seq. of the City Code, as may be amended from time to time. Where a wall or fence is to be used as screening, as may be provided within this Code, the greenbelt will be located between the property line and the wall or fence such that greenbelt is adjacent to the bordering property; (5) Outside areas where the motor vehicles are to be parked shall be paved and striped in accordance with the city's off-street parking regulations; (6) All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street and shall not be placed so as to endanger pedestrian traffic; (7) Servicing or repair of vehicles is prohibited; (8) All outdoor paging or speaker systems are expressly prohibited; and (9) The hours of operation for such facility shall be limited to 7:00 a.m. to 9:00 p.m. daily. (10) Each application for a special exception under this subsection shall be accompanied by a site plan drawn to scale depicting the parking lot, any buildings, landscape buffers, and driveways. Commercial parking facilities shall be required to submit site plans and undergo review per "Article VI. Site Plans" of the Code of Ordinances. Staff recommendation: Staff recommends that commercial parking facilities be allowed as a special exception use in C-1, C-2, and M-1 pursuant to the criteria listed in the proposed ordinance. ORDINANCE NO. -2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING OF THE CAPE CANAVERAL CODE OF ORDINANCES TO AUTHORIZE COMMERCIAL PARKING FACILITIES BY SPECIAL EXCEPTION IN THE C-1, M-1 AND C-2 ZONING DISTRICTS SUBJECT TO CERTAIN MINIMUM REQUIREMENTS; 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 WHEREAS, the City Council desires to amend the City Code to authorize commercial parking facilities by special exception in the C-1, M-1 and C-2 zoning districts; 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: 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 VII. DISTRICTS City of Cape Canaveral Ordinance No. _-2010 Page 1 of 5 DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT Sec. 110-334. Special exceptions permissible by board of adjustment. (c) Special exceptions may be permitted for the following: 22 Commercial parking facilities as provided in section 110-557 of this Code All special exception applications for commercial parking facilities shall be accompanied by a site plan drawn to scale depicting the parking lot an buildings,� landscape buffers and driveways. Commercial parking facilities shall be subject to the City's site plan review procedures set forth in Article VI Site Plans of this Chapter. DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT * x k Sec. 110-354. Special exceptions permissible by board of adjustment. (c) Special exceptions may be granted for the following: Commercial parking facilities, as provided in section 110-557 of this Code All special exception applications for commercial parking facilities shall be accompanied by a site plan drawn to scale depicting the parking lot any buildings landscape buffers and driveways. Commercial parking facilities shall be subject to the City's site plan review procedures set forth in Article VI Site Plans of this Chapter. City of Cape Canaveral Ordinance No. _-2010 Page 2 of 5 DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT Sec. 110-383. Special exceptions permissible by the board of adjustment. (c) Special exceptions may be permitted for the following: 14I Commercial parking facilities, as provided in section 110-557 of this Code All special exception applications for commercial parking facilities shall be accompanied by a site plan drawn to scale depicting the parking lot any buildings landscape buffers and driveways. Commercial parking facilities shall be subject to the City's site plan review procedures set forth in Article VI Site Plans of this Chapter. ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 6. VEHICLES AND VESSELS Sec. 110-557. Commercial parking facilities. Laj- Commercial parking facilities shall mean facilities primarily engaged in the commercial enterprise of providing parking space for motor vehicles usually on an hourly, daily, or monthly basis. Commercial parking facilities may be authorized by special exception in the C-1 M-1 and C-2 zoning districts subject to the general conditions for special exceptions and the following minimum requirements: A commercial parking facility shall not be located within one-third (1/3) of a mile from an existing commercial parking facility. For the purposes of this subsection, all measurements of distances shall be along a straight line from the closest property boundary of the existing use to the closest property boundary of the roposed use: City of Cape Canaveral Ordinance No. _-2010 Page 3 of 5 Minimum lot area for commercial parking facilities shall be 12,000 square feet; Minimum lot width for commercial parking facilities shall be 100 feet; (4,) A continuous, densely planted, greenbelt of not less than 15 feet in width penetrated only for ingress and egress to and from the property at points approved by the City during site plan review, shall be provided along all property lines abutting public rights-of-way or properties zoned residential or containing residential use Said greenbelt shall be in conformance with the requirements of section 110-566 et seq. of this Code, as may be amended from time to time Where a wall or fence is proposed as screening, as authorized by this Code the greenbelt will be located between the property line and the wall or fence such that greenbelt is adjacent to the bordering_ property; Parking areas shall be paved and striped in accordance with the city's off- street parking regulations; All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street and shall not be placed so as to endanger pedestrian traffic; La On-site servicing or repair of vehicles is prohibited,• (8,) Outdoor paging or speaker systems are expressly prohibited; Hours of operation shall be limited to 7:00 a.m. to 9.00 p.m. daily: and 10 The parking of boats, trailers, recreational vehicles, and special purpose vehicles shall be prohibited. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted bythe City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or City of Cape Canaveral Ordinance No. _-2010 Page 4 of 5 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption 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 , 2010. ATTEST: Mia Goforth, Acting City Clerk I" Legal Ad published: First Reading: 2nd Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No. _-2010 Page 5 of 5 Against M O 00 OM 1 �r N O '4 N O U U Kc p- E% 2 O � a 44 c O y i ro fu rZ CN O l4 N M v n •� -O E �4 W U U N U M O 00 OM 1 �r N O '4 N O U U Kc p- E% M (z1 O � a 44 c of O ro fu rZ CN O l4 N M v n •� -O U �4 W � ro 0,ro N U U .} N V (TSU � O44A.., � N ro O +� Q O U 4-)M ,� -.�+ ro G jrt N 7 0 O Z cn U - E. > V ; sl 14 GJ M U N � ,q Lnn �p {7 W C) r-- q o +) a 44 c a) ro >1 0 ra v n •� -O � ro 0,ro O V (TSU � ro w bt ,� -.�+ ro jrt N 7 N --P > V ; sl 14 GJ M �4aan ¢im O O O N ,-q U 43 Ur - rdG r0. O a) a �11 0 ) �+ C 4-3 rq O c N ro r O � ro ro � N a kaXi�� v.Q1u°ro 104 G rt r�-i U ro U O U rd m. i a) Ut ,C "-i (A +� w•� s� 4-1 2 C to ,� U ict �4 O M C }a VI W 40-+ 4-) U7 �4 N N 44 P O0aa)i Awa m H U O a-) s) -� -,4 10 •Ui 'a $ 0, � g N N t71 ro OroO o f-v8'j ro -r�i Uf N ,C Ui •p •r�i aroi aro1 'O C .--Ii O O 14 O N (C �• PJ Sa ! y, O rn 4-3 .ma) 4-) r t) U)-� ro -A 3 CN ' 6 U H r. r N