HomeMy WebLinkAboutOrdinance No. 05-2010ORDINANCE NO. 05-2010
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CODE OF ORDINANCES; PROVIDING A DEFINITION OF
"CHILD CARE FACILITY;" PROVIDING THAT CHILD
CARE FACILITIES MAY BE PERMITTED BY SPECIAL
EXCEPTION IN THE R -2 MEDIUM DENSITY RESIDENTIAL
DISTRICT SUBJECT TO CERTAIN CONDITIONS;
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 R -2 Medium Density Residential District currently includes as permitted
uses residential dwellings and public schools; and
WHEREAS, the City Council believes that permitting child care centers as a special
exception use in the R -2 District subject to certain conditions is consistent with and will compliment
the existing R -2 District uses; 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
strikeattt 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
City of Cape Canaveral
Ordinance No. 05 -2010
Page 1 of 4
ARTICLE 1. IN GENERAL
Sec. 110 -1. Definitions.
The following words, terms and phrases, when used int his chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Child care faciliU means anted care center or child care arrangement as defined by
section 402.302. Florida Statutes, as may be amended.
ARTICLE VII. DISTRICTS
DIVISION 3. R -2 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110 -294. Special exceptions permissible by board of adjustment.
In the R -2 medium density residential district, the following special exceptions shall be
permissible by the board of adjustment:
(W Child care facilities licensed and operated consistent with Florida law, subject to the
following conditions:
C& The child care facility _must be located in a multi - family codex and any
such complex shall not be an age - restricted community:
MI There shall be an adequate drop -off and pick -up area onsite located outside
of the public right -of -way;
El One 1) parking space per employee plus one (1 ) parking space for every
eight (8 )children shall be required, with a minimum of five (5) total spaces:
MJ Adequate visual screening and noise buffers from adjacent areas shall be
provided.
City of Cape Canaveral
Ordinance No. 05 -2010
Page 2 of 4
Each application for a special exception under this subsection shall be
accompanied by a site plan drawn to scale depicting the child care building, drop -off
and pick -up area, parking play area and adjacent buildings.
Adequate lighting in the pick -up and drop -off area shall be provided.
For purposes of this subsection, the term "child care facility" shall not include a "family day
care home," as defined by Florida law.
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
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 2jkh day of
April, 2010. \,
41 6r
ROCKY RANDELS, Mayor
$T: For Against
Bob Hoog X
Buzz Petsos Motion
MIA 4KOFORTH, Acti g'City Clerk Rocky Randels X
C. Shannon Roberts Second
Betty Walsh X
1 st Legal Ad published: March 29, 2010
First Reading: April 6, 2010
2nd Legal Ad published: April 13, 2010
Second Reading: April 20, 2010
City of Cape Canaveral
Ordinance No. 05 -2010
Page 3 of 4
Approved as to legal form and sufficiency for
the C' e Canaveral only:
A HONY . GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 05 -20 10
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