HomeMy WebLinkAboutOrdinance No. 01-2009ORDINANCE NO. 01-2009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING ARTICLE II OF CHAPTER 110 ZONING, OF
THE CAPE CANAVERAL CODE OF ORDINANCES
RELATED TO LAND USE DECISIONS; AMENDING
APPLICATION AND HEARING PROCEDURES; PROVIDING
PROCEDURES FOR HANDLING DEFICIENT
APPLICATIONS; SETTING FORTH SPECIFIC CRITERIA
AND TIME FRAMES FOR PROCESSING APPLICATIONS;
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
WHEREAS, the City processes land use applications for rezonings, variances, special
exceptions and administrative appeals pursuant to the procedure set forth in Article II of Chapter
110, Zoning, of the Cape Canaveral Code of ordinances; and
WHEREAS, once a land use application is submitted, the community has an interest in
seeing the application processed and considered in an efficient and timely manner; and
WHEREAS, the City desires to streamline and expedite the application process by
implementing more structured application review requirements; and
WHEREAS, the City Council believes that by requiring applicants to submit a sufficient and
complete land use application to city staff within a certain time period, and by requiring city staff
to schedule applications for public hearing in a timely and expedited fashion, the City will provide
a more effective method by which applicants can have their land use applications determined; 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
City of Cape Canaveral
Ordinance No. 01-2009
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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
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 II. PROCEDURE; LAND USE DECISIONS
DIVISION 1. GENERALLY
Sec. 110 -30. Staff review application deficiencies
(a) The city staff shall be required to review all applications for rezonings, variances,
special exceptions and administrative appeals, and make written recommendations to the
applicable city board.
In the event an application does not contain information reasonably necessary for staff
to complete its review and recommendation to the ap licable cit board staff shall provide
written notice to the applicant that the application is deficient. The written notice shall
s ecif the additional information necessa for staff to complete its review and
recommendation on the application. If the a licant fails to cure the deficiencies within 30
calendar days of the date of the written notice, the application shall be deemed abandoned
and administratively denied on the basis of an incomplete app ation. Upon written request
of the applicant, the city manager or the cit manager's designee mgy rg ant one ,(1 ) 30 -day
extension of time for the applicant to cure the deficiencies, provided the applicant
demonstrates good cause for the extension. Extension requests shall be submitted to the cit
manager prior to the expir ation of the initial 30 -day period._
' (b�c Upon completion _ _ staff s review_ and written recommendation on an , application,
the application shall be scheduled for consideration by the pl anning and zoning board or
board of adjustment as required by this article for a duly noticed ublic hearing at the
board's next available meetin , pa If 4-.1 F S
City of Cape Canaveral
Ordinance No. 01 -2009
Page 2 of 4
Sec. 110 -30.1. Attendance required at public hearin s• ost onement of hearings.
Applicants shall be required to attend all vublic hearings required by this article to
answer questions and to provide supplemental evidence and testimony on the applicable
review criteria. Failure of an applicant to appear at the public hearings ,may_ be a basis for
denial of an application where . the board determines that the .application on its face, as well
as any additional evidence and testimon resented during the public hearinR, do not provide
substantial cam etent evidence to soportgpproving the application.
Applicants ma re quest to postpone a scheduled public „hearing - ,n an application one
(I)time. Said reouest shall be submitted in writin th e city_ manager . prior to the scheduled
hearin . If posIponed, the hean*njz shall be scheduled for the board's next available meetin
and the applicant shall be responsible for the cost of any additional notices required by this
artirlP, -
During the course of a public, hearing, the board may, on its own motion or at the
request of staff, an applicant or interested person, table or postpone consideration of an
aimlication at any time for the followin reasons:
To obtain additional information relevant to the application;
(2) Because of time constraints;
(3) To afford interested parties an opportunity to testif and provide additional
relevant evidence;
(4) For lack of quorum;
5 For emergencies,
To seek legal counsel; or
For any other circumstances in furtherance of due process.
Section 3. Pending Land Use Applications. Any land use application subject to the
procedures set forth in Chapter 110, Article II of the Cape Canaveral City Code which is pending
on the effective date of this Ordinance shall be subject to the provisions set forth herein. City staff
shall provide written notice to applicants with deficient applications pursuant to the requirements
of section 110- 30(b), herein. Complete applications not yet scheduled for public hearing shall be
scheduled for the next available hearing of the applicable reviewing board pursuant to section 110-
30(c), herein.
City of Cape Canaveral
Ordinance No. 01 -2009
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Section 4. Repeal of Prior 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 3 rd day of
February, 2009.
ROCKY RANDELS, Mayor
ATTEST:
Bob Hoog
Buzz Petsos
SUSAK STILLS, City derk Rocky Randels
" . C. Shannon Roberts
Betty Walsh
First Reading: January 20, 2009
Legal Ad published: January 24, 2009
Second Reading: FebruaLy 3 2009
Approved as gal form and sufficiency for
the City =dap Canaveral only:
ANTHONY A. OAROANE S E, City Attorney
For Against
Second
Motion
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X
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City of Cape Canaveral
Ordinance No. 01 -2009
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