HomeMy WebLinkAboutOrdinance No. 03-2010ORDINANCE NO. 03-2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 98,
SUBDIVISIONS, OF THE CAPE CANAVERAL CODE OF
ORDINANCES RELATED TO PLATS; AMENDING AND
CLARIFYING THE CRITERIA REQUIRED FOR
PRELIMINARY AND FINAL SUBDIVISION PLAT REVIEW
AND APPROVAL; PROVIDING A PROCEDURE FOR
REVIEW AND CONSIDERATION OF LOT SPLITS;
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 Council desires to streamline and update the requirements and
procedures for consideration and approval of subdivision preliminary and final plats consistent with
the requirements of Chapter 177, Florida Statutes; and
WHEREAS, the City Council desires to create an abbreviated lot split procedure for the
subdivision of one lot into two lots; 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 98, Subdivisions, 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 98. It is intended that the text in Chapter 98 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance):
Ic City of Cape Canaveral
Ordinance No. 03 -20 10
Page 1 of 18
Chapter 98. SUBDIVISIONS
ARTICLE I1. PLATS & LOT SPLITS
DIVISION 1. GENERALLY
Sec. 98 -31. Division of land; review and approval required; zoning. Reserved:
Lal Anv subdivision of land into two (2) or more parcels shall be subject to the
requirements of this article.
No owner of real property shall sell, offer to sell or lease lots or tracts of land from
such property without first having divided such property in accordance with the requirements
of this article. Before such lot or tract is divided, the lots or tracts proposed to be divided
shall be surveyed by a duly licensed Florida surveyor and approved b the city council by plat
or lot split resolution in accordance with the specific applicable provisions of this article and
Chapter 177, Florida Statutes. No permit shall be issued for the construction of any building
or structure or for an electrical or sewer hookup on an y lot or tract sold in violation of this
article; provided, however, that any such violation can be remedied by complying with the
provisions of this article. Additionally, any subdivision or lot split approved pursuant to this
article shall in every respect meet the criteria established elsewhere in this article and the City
Code for the category f zoning and other relevant codes under which the property is zoned.
Secs. 98 -32+ — 98 -35. Reserved.
DIVISION 2. PREAPPLICATION
Sec. 98 -36. Submittal and review procedures.
(a) In order to promote development of land within the municipal boundaries of the City
that is harmonious with and otherwise in compliance with the comprehensive plan,
surrounding development and all applicable Codes, applicants for site plan plat or lot split
approval shall meet with staff in a preapplication conference. are encouraged to utilize the
preapplication conference and scree available to all site plan applicants. The
preapplication screening and conferences are intended to assist the applicant in becoming
more aware of and, therefore, more likely to comply with guidelines applicable to the project
for which a site plan plat or lot split will be submitted. However, the applicant is cautioned
that the preapplication screening process is not intended to be a substitute for the formal l�at
or lot split site plat submittal and review procedures. Nor is it expected that the applicant can
rely upon conditional approvals received during the preapplication process as binding the
City in any manner during subsequent site plan plat or lot split submittal and review
procedures.
City of Cape Canaveral
Ordinance No. 03 -2010
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(b e) The applicant will provide five copies preliminary drawings of the proposed plat or lot
split sketch plan -to the planning official. The number of copies required to be submitted
shall be determined by the planning official. Upon submittal of the copies of the proposed
plat or lot split, a preapplication conference shall be scheduled building department five days
prior to the preapplication conference.
(c d) The proposed plat or lot split sketch p! so provided shall contain a location map
showing the relationship of the proposed subdivision to existing and proposed facilities as
indicated in the comprehensive plan, and shall contain general information including, but not
limited to, the following:
(1) General information on the existing site conditions, water management facilities,
soil conditions, floodplain data, topography, trees and vegetation, adjacent
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community facilities, utilities and surrounding property conditions.
(2) General description of the proposed development including proposed number of
lots, approximate lot width and depth, building size and type. Proposed stages of
development, if appropriate, should be shown.
(3) in sketch fbint, A plan showing the proposed pattern of streets, lots and water
management facilities in relation to existing natural conditions of the site and its
surroundings.
Secs. 98 -37 — 98 -40. Reserved.
DIVISION 3. PRELIMINARY PLAT
Sec. 98 -41. Information required.
The following information shall be provided to the community development department:
A completed application on a form prescribed b t� manager requesting review
City of Cape Canaveral
Ordinance No. 03 -2010
Page 3 of 18
of the preliminga plat under this Division.
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(b) The preliminM plat, which shall:
W Conform to the requirements of Chapter 177, Florida Statutes, this Code, and
M other applicable statutes and regulations.
Q Bear the certification of a registered Florida surveyor certifying the accuracy
of the plat.
(33) Be drawn at a uniform scale not smaller than one (1) inch equals one hundred
100 feet.
ffi Indicate the title, scale, north arrow and date on each sheet.
(Q Show, at a minimum, the followin existing x�g conditions on the plat:
CA) Primary control points or descriptions and ties to such control points,
to which all dimensions, angles, bearin sg and similar data on the plat shall be
referred.
Boundary lines (including bearings earings and distances), lot lines, lot
numbers and block number.
Q Location and description of monuments.
M Easements, including location, width and purpose.
Q Location, width, and names of all streets, waterways, or other rights-
of way shall be shown, as applicable.
Minimum building setback lines.
Size data including total acreage, number of lots typical lot size in
acres, parks, public open space, etc.
(W Location map showing the site in relation to the existing; community,
including; the name of the development and its location and main traffic
arteries.
fc) Topographic survey showing ground elevations of the tract, based on a datum plane
approved by the City engineer as follows:
For land that slopes less than approximately two percent (2 %), show spot
C w City of Cape Canaveral
Ordinance No. 03 -2010
Page 4 of 18
elevations at all breaks in grade, along all drainage channels or swales and at selected
points not more than one hundred feet (100' )qpart in my direction.
For land that slopes more than approximately two percent (2 %), either show
contours with an interval of not more than five feet (5) if around slope is regular, and
such other information as is sufficient for planning purposes, or show contours with
an interval of not more than two feet (2'), if necessary because of irregular land or
need for more detailed data for preparing plans and construction drawings.
Other conditions on tract, including water courses, marshes, rock outcrom
wooded areas, houses, barns, shacks and other significant features.
ffi Other conditions on adjacent land, including_ approximate direction and
gradient of rg ound slope and any embankments or retaining walls; character and
location of buildings_ power lines, towers and other nearby nonresidential land uses
or adverse influences; owners of adjacent unplatted land; abutting platted land, with
reference to subdivision plat by name, recording date and number; and approximate
percent buildup, typical lot size and dwelling We.
(Q Zoning designation on and adjacent to tract.
Proposed public improvements, including roadwayys = space reserved or
dedicated for parks, playgrounds or other public uses or other major improvements
planned by public authorities for future construction on or near tract.
CQ Photographs of the tract, at the request of the planning and zoning board.
oard.
(ej A filing fee, as established by resolution of the city council.
(f Other preliminpa plans, if available, which clarify the application.
(gj_ A current title opinion of an attorney licensed in Florida or a certification by an
abstractor or a title compM showing that record title to the land as described and shown on
the plat is in the name of the person or legal entity executing the dedication. The title
opinion or certification shall also show all mortgages not satisfied, released or otherwise
terminated by law and shall be current within 180 days of submittal.
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Ordinance No. 03-201C
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City of Cape Canaveral
Ordinance No. 03 -2010
Page 6 of 18
(5) Ground eievations. On the tract, based on a datttm p1mile approved by theeity engin
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Sec. 98 -43. , proposals. Reserved.
City of Cape Canaveral
Ordinance No. 03 -20 10
Page 7 of 18
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C w (9) Other data. Owner, scale, north arrow mid date—.
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Ordinance No. 03 -20 10
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See. 98 -44. O ther preliminary plai Reserved.
See. 98 -45. City review.
(a) The applicant shall submit copies of the preliminary plat and other information as
prescribed in section 98 -41 for review b the staff. City staff shall determine the number
of copies to be submitted for review. Upon receipt of the documents
Division being presented to theeiI the building offi planning official shall review and
forward to the appropriate City reviewing staff_ engineer a copy of
topographic map, prelim all documents submitted and such other documents as
deemed he deems appropriate to enable the City reviewing staff engineer to review the
application subdivision and either find approve the application to be sufficient, subdivision
or point out areas that are inadequate or improper. The City Attorney shall review the title
opinion or certification, protective covenants, articles of incorporation and bylaws and shall
make recommendations, if necessary.
(b) Within ten thirty (30) days, the City reviewing staff taff engineer will return in writing
all comments, recommendations and questions to the applicant. fhe applicMit shall then !=M
ten working days to comply with the E3ity engineer's written re and submit
information as corrected an&or modified to theeit
(c,) Should any comment or recommendation made by a member of the City reviewing
staff require the applicant to revise its submittal, the City reviewing staff shall review the
revised submittal and return all comments, recommendations and questions to the planning
official, who shall then forward all documents to the applicant.
(d) Upon receiving satisfactory reviews from all of the City reviewing staff, the applicant
shall submit revised copies of the plat and other information as prescribed in section 98 -41.
The number of copies required shall be determined by city staff. Upon receipt of all
City of Cape Canaveral
Ordinance No. 03 -2010
Page 9 of 18
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See. 98 -45. City review.
(a) The applicant shall submit copies of the preliminary plat and other information as
prescribed in section 98 -41 for review b the staff. City staff shall determine the number
of copies to be submitted for review. Upon receipt of the documents
Division being presented to theeiI the building offi planning official shall review and
forward to the appropriate City reviewing staff_ engineer a copy of
topographic map, prelim all documents submitted and such other documents as
deemed he deems appropriate to enable the City reviewing staff engineer to review the
application subdivision and either find approve the application to be sufficient, subdivision
or point out areas that are inadequate or improper. The City Attorney shall review the title
opinion or certification, protective covenants, articles of incorporation and bylaws and shall
make recommendations, if necessary.
(b) Within ten thirty (30) days, the City reviewing staff taff engineer will return in writing
all comments, recommendations and questions to the applicant. fhe applicMit shall then !=M
ten working days to comply with the E3ity engineer's written re and submit
information as corrected an&or modified to theeit
(c,) Should any comment or recommendation made by a member of the City reviewing
staff require the applicant to revise its submittal, the City reviewing staff shall review the
revised submittal and return all comments, recommendations and questions to the planning
official, who shall then forward all documents to the applicant.
(d) Upon receiving satisfactory reviews from all of the City reviewing staff, the applicant
shall submit revised copies of the plat and other information as prescribed in section 98 -41.
The number of copies required shall be determined by city staff. Upon receipt of all
City of Cape Canaveral
Ordinance No. 03 -2010
Page 9 of 18
documents, the planning official shall schedule the application for consideration by
C W planning and zoning board.
Sec. 98 -46. Planning and Zoning Board and City Council review.
(a) The planning and zoning board shall review the soon preliminary plat and
other material submitted for conformity with this Code and may negotiate on changes
deemed advisable and shall recommend, in writing, its approval or disapproval to the city
council within 30 days. All recommendations, conditions and changes shall be noted on two
copies of the preliminary plat by the chairman of the Board or designated representative.
(b) Upon receipt of the planning and zoning board's recommendation, the city council,
at their next regularly scheduled meeting, shall vote to either accept, or reject or modify the
Board's recommendation.
Sec. 98 -47. General criteria for approval. Time limit.
Prior to the planning and zoning board recommending approval to the citv council, applicants
shall demonstrate to the planning and zoning board, and the planning and zoning board must find,
that the proposed preliminary plat meets the criteria listed in subsections (a) through (d below.
Further, prior to approving My proposed preliminary plat, the applicant must demonstrate to the city
council, and the city council must find, that the proposed preliminary plat meets the criteria listed
in subsections (a) through (d) below.
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(a) The application in compliance with the provisions of this article and applicable law.
The application is consistent with the Ci 's comprehensive plan.
(c) The application does not create any lots, tracts of land or developments that do not
conform to the City Code.
LL The application provides for proper ingress and egress through a public or approved
private street or perpetual cross access easements.
Sec. 98 -48. Reserved. Time limit.
The city council's approval of a preliminM plat shall be valid for a period of six (6) months
unless a one (1) time six -month extension has been granted b the city council for good cause shown
City of Cape Canaveral
Ordinance No. 03 -2010
Page 10 of 18
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Sec. 98 -48. Reserved. Time limit.
The city council's approval of a preliminM plat shall be valid for a period of six (6) months
unless a one (1) time six -month extension has been granted b the city council for good cause shown
City of Cape Canaveral
Ordinance No. 03 -2010
Page 10 of 18
b theapplicant. If the final plat approval is not obtained within the time period provided in this
section, the city council's preliminary plat approval shall be revoked and the applicant must re -apply
under the provisions of this article.
Secs. 98 -498 — 98 -55. Reserved.
DIVISION 4. FINAL PLAT
Sec. 98 -56. Conformance to preliminary plat.
The subdivision final plat shall conform substantially to the preliminary plat, as approved by
the city council. Plamfing and Zoning Board and if desired by the subdivider, it may constittft oni
that portion of the approved preliminary plat which he proposes to record and develop at the finir;
provided, ljowever, that such portion conforms to all requirements of this . The plat may
contain only that portion of the approved preliminn plat the subdivider intends to record and
develop at the time. An such uch portion shall meet the requirements of this article. The final plat shall
correct any inaccuracies indicated on the preliminary plat.
Sec. 98 -57. Number- of copies.. Reserved.
Sec. 98 -58. Data required for final approval.
Ua� The subdivision final plat shall be drawn by the subdivider to conform to the
requirements of the city council mid the Board of eotnity cormnissioners for approval and
filing with the County clerk.
�bZ Six One 1 transparencyies (Mylarl or printable copyies of the final recorded plat
shall be prepared by the subdivider for the records of the City and shall be submitted to the
City clerk with all appropriate fees to enable the City clerk to record the documents in the
public records of the County.
(cj The final plat shall comply with Chapter 177, Florida Statutes, and shall additionally
show the followincr include a dedication statement by the owner(s), if dedicating streets or
rights -of- -way for public use The dedication must be executed by all persons or legal entities
whose signature would be required to convey record fee simple title to the lands being
dedicated in the same manner in which deeds are required to be executed. The dedication
shall include the name of the plat an the tvped names of any witness, notary. or other person
required to sign dedication.
C W City of Cape Canaveral
Ordinance No. 03 -2010
Page 11 of 18
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Sec. 98 -59. Documents required prior to approval.
La) The following items shall be required before for subdivision final plat approval can
be granted:
(1) Documentation Acme from the City reviewing g taff engineer certifying
the proposed subdivision is acceptable.
C W City of Cape Canaveral
Ordinance No. 03 -2010
Page 12 of 18
(2) £itherxAn irrevocable letter of credit, performance bond or certified check,
CW in a form acceptable to the CitXAttorney which will enable the City to complete any
ail unfinished improvements that are to be dedicated to the public, including but not
limited to streets, drainage facilities, street signs, sewer facilities, sidewalks and other
improvements as shown on the final plat accomplished by the eity, if .
(3) Draft of protective covenants, if applicable, whereby the subdivision proposes
to regulate land use in the subdivision and otherwise protect the proposed
development. If there is to be a homeowners' association established, copies of the
articles of incorporation, declarations and restrictions, and the bylaws shall be
provided. Protective covez=its in fbrin for recording, if .
(4) Certification of approval by the Board city council
(5) Other data as may be necessary which shall be determined by the city council
Pimming and Zoning Board.
Prior to the city council's consideration of the final plat, the subdivider shall submit
to the Cijy an updated title opinion of an Attorney licensed in Florida or a certification by an
abstractor or a title company showing that the record title to the land described and shown
on the plat is in the name of the person or legal ity executing the dedication. The title
opinion or certification shall also show all mortgages not satisfied, released or otherwise
terminated by law. The City Attorney shall review the title opinion or certification prior to
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the cites council meeting
Lc,Z All mortgagees having a record interest in the lands subdivided shall execute, in the
same manner in which deeds are required to be executed, either the dedication contained on
the plat or a separate instrument joining in and ratifying the plat and all dedications and
reservations thereon.
Sec. 98 -60. Application for approval.
Application shall be made for subdivision final plat approval as follows: -if tVV0
weeks prior to the ineeting at whieh it is to be considered.
La) Upon the documents required under this Division being_ presented to the City, the
planning official shall review and forward to the appropriate City reviewing staff a copy oof
all submittals and such other documents as he or she deems appropriate to enable the City
reviewing staff to review the subdivision and either find the application to be sufficient, or
point out areas that are inadequate or improper. The City Attorney shall review the title
opinion or certification, protective covenants, articles of incorporation and bylaws and shall
make recommendations, if applicable.
Within 30 das, the reviewing staff will return in writing all comments,
City of Cape Canaveral
Ordinance No. 03 -20 10
Page 13 of 18
recommendations and questions to the planning official, who shall then forward all
documents to the applicant.
(c) Should any comment or recommendation made by member of the City reviewing
staff require the applicant to revise its subdivision submittal, the City reviewing staff shall
review the revised submittal and return all comments, recommendations and questions to the
planning official, who shall then forward all documents to the applicant.
Upon receiving satisfactory reviews from all of the City reviewing staff and revised
copies of the plat, the planning official shall schedule the application for consideration by the
planning and zoning board.
Sec. 98 -61. Planning and Zoning Board and City Council Review; General Criteria for
Approval. Recommendations of Plannin and Zonin Bo
U When all requirements under this Division have been satisfied, the planning and
zoning board will vote to recommend approval or disapproval of the subdivision final plat,
and these recommendations will be submitted to the city council at the next regularly
scheduled Council meeting. The city council shall vote, in resolution form, to either accept,
or reject or modify the Board's recommendation.
a Prior to the planning and zoning board recommending approval to the city council,
applicants shall demonstrate to the planning and zoning board, and the planning and zoning
AWN board must find, that the proposed final plat meets the criteria listed in subsections (1)
through (4) below. Further, prior to approving any proposed final plat, the applicant must
demonstrate to the city council, and the city council must find, that the proposed final plat
meets the criteria listed in subsections (1) through (4) below.
The application is in compliance with the provisions of this article and
applicable law.
La The application is consistent with the Ci 's comprehensive plan.
a The application does not create any lots, tracts of land or developments that
do not conform to the Ci , Code.
a The application provides for proper ingress and egress through a public or
approved private street or perpetual cross access easements.
Sec. 98 -62. Recording.
The City shall be responsible for recording approved subdivision final plats. The final plat
shall be recorded with the Co= prior to any certificate of occupancy being issued for the
applicable plat The city manager shall be responsible for adopting administrative procedures for
City of Cape Canaveral
Ordinance No. 03 -201a
Page 14 of 18
ensuring that all final plats approved b t� he city are recorded within fifteen (15) dgys of the
date of the subdivider's updated title opinion or certification. developer must recoid the subdivision
final plat with the eounty =d supply the ENty with written proof of the recording, befbre a certificate
of occupancy will be granted.
Secs. 98 -633 — 98 -65. Reserved.
DIVISION 5. LOT SPLITS
Sec. 98 -66. Lot splits.
U Lot split review and approval. An application for lot split shall be processed by
combining the review and approval procedures of this article applicable to preliminary and
final plat applications into one (1) consolidated process as set forth in this section.
(1& Definition. For purposes of this section, the term "lot split" shall mean a division of
a tract of land or lot that will result in the creation of exactly one (1) additional tract of land
or lot provided the following conditions are met:
LL The lot or tract of land to be split is a previously platted lot or legal
description of record.
La Each lot or tract of land created hereunder shall abut a public or approved
private street, unless perpetual cross - access easements already exist on the lot to be
split or are determined not to be necessary, or, if necessary, are provided by separate
instrument.
Lcl Application. Applicants seeking lot split approval shall provide the following to
communi - development department:
La A complete lot split application on a form prescribed b, the he city manager.
Q The information required for preliminary plat approval set forth in section 98-
41 of this article.
Q1 A filing fee established by resolution of the city council.
(dj City staff review.
W Upon receipt of a complete lot split application, the planning; official shall
review and forward to the appropriate City reviewing staff a copy of same and such
other documents to enable the City reviewing staff to review the application and
either find the application to be sufficient or point out areas that are inadequate or
improper. The City Attorney shall review the title opinion or certification.
City of Cape Canaveral
Ordinance No. 03 -2010
Page 15 of 18
City reviewing staff shall return in writing all comments, recommendations
Cw and questions to the applicant within 30 days of receipt of applicant's complete
application.
(D Should any comment or recommendation made by the Cijy reviewing staff
require the applicant to revise its submittal, the Cily reviewing staff shall review the
revised submittal and return all comments, recommendations and questions to the
planning official, who shall then forward all documents to the applicant.
W Upon receiving satisfactory reviews from all of the City reviewing staff, the
applicant shall submit revised copies of the lot split and other information required
by this section. The number of copies required shall be determined by City staff.
Upon receipt of all documents, the planning official shall schedule the application for
consideration by the planning and zoning board.
oard.
Le Public hearings.
The planning and zoning board shall consider an application for lot split at
a duly noticed public hearing and shall vote to recommend approval or disapproval
of the lot split to the city council.
La Upon receipt of the planning and zoning board's recommendation, the city
council shall, at a duly noticed public hearing, review and consider the planning and
ce zoning board's recommendation and shall either approve or deny the proposed lot
split. Any pproval of a lot split shall be by resolution of the citycouncil.
ft Review criteria. Before any split is recommended for approval by the planning
and zoning board or approved by the city council, the applicant must demonstrate, and the
planning and zoning board or city council must find, that the proposed lot split meets the
following_ criteria:
M The proposed lot split is in compliance with the provisions of this article and
applicable law.
The application is consistent with the Ci , 's comprehensive plan.
The application does not create any lots, tracts of land or developments that
do not conform to the Ci , Code.
a The application provides for proper ingress and egress through a public or
4pproved private street or perpetual cross access easements.
(& Special notice for residential lot splits. Any ,Proposed lot split of a residentiallX
zoned property shall require special notice be provided to adjacent property owners at least
City of Cape Canaveral
Ordinance No. 03 -2010
Page 16 of 18
fourteen (14) days prior to the planning and zoning boar hearing on the proposed residential
lot split. Said notices shall be provided by regular mail to adjacent property owners within
500 feet of the DropeM subject to the lot split application and shall include the address and
legal description of the subject property, and the date, time and location of the planning and
zoning board hearing. Notices provided under this subsection are hereby deemed to be
courtesy notices only and the failure to provide or receive said notices shall not be a basis of
appealing any decision made under this section Applicants shall be solely responsible for
the cost of the notices required by this subsection.
Qh,Z Recording. Upon approval of an lot split by resolution of the city council the plat
documents shall be duly recorded in the public records of Brevard County in accordance with
section 98 -62 and the lot split shall be reflected on the appropriate City mUs and documents
Restriction on additional lot split. No further division of an approved lot split is
permitted under this section except through the preliminary and final plat review procedures
of this article.
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.
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance No. 03 -2010
Page 17 of 18
�I
A
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this th day of
March, 2010.
ROCKY RAN ELS, Mayor
EST: ,
Bob Hoog
Buzz Petsos
4rGO�IFFOIRTIf, ng City Clerk Rocky Randels
C. Shannon Roberts
Betty Walsh
First Reading: February 16, 2010
Legal Ad published: March 1, 2010
Second Reading: March 16, 2010
Approve legal form and sufficiency for
the Ci e Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 03 -20 10
Page 18 of 18
For Against
Second
Absent
x
Motion
x