HomeMy WebLinkAboutOrdinance No. 04-2008ORDINANCE NO. 04-2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, REGARDING NOTICE OF
PUBLIC HEARINGS; AMENDING CHAPTER 58, PLANNING,
TO REQUIRE NOTICE OF PUBLIC HEARINGS RELATED
TO AMENDMENT OF THE CITY'S FUTURE LAND USE
MAP; AMENDING CHAPTER 110, ZONING, TO AMEND
THE DEFINITION OF "COURTESY NOTICE;" AMENDING
SECTION 110 -28 REGARDING THE TIMING AND MANNER
IN WHICH THE CITY SHALL PROVIDE NOTICE OF
PUBLIC HEARINGS; MAKING CONFORMING
AMENDMENTS; 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 amend Chapter 58, Planning, of the City Code to
implement notice requirements in addition to those set forth in Chapter 163, Florida Statutes, for
future land use map amendments; and
WHEREAS, Chapter 110, Zoning, of the City Code currently requires that all courtesy
notices of public hearings related to land use decisions be delivered by certified mail; and
WHEREAS, the City Council recognizes that the certified mail requirement is expensive
to applicants and time consuming to prepare, and that sending courtesy notices by regular mail for
certain land use applications would be less expensive for applicants, less time consuming, and may
reach more affected property owners; and
WHEREAS, the City Council desires to extend the duration for which public notices shall
be posted to create greater public awareness in regard to land use applications being processed in the
City; 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. 04 -2008
Page I of 5
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 58, Planning, 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 58. It is intended that the text in Chapter 58 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
CHAPTER 58., PLANNING
ARTICLE I. IN GENERAL
Sec. 58 -1. Notice requirement for amendments to future land use maw
In addition to @Lny notice requirements provided by state law, all public hearings for future
land use map amendments shall be publicly noticed for at least fourteen. (14) calendar days prior to
the date of the hearing. Said notice shall include the address or le al descri tion of the subject
propga, matter to be considered and the time, „date and place of the hearing. The city shall post
notice of public hearin s in the following manner:
( 1 ) . Posting the affected property.
(2) Posting hall and on the city's official website.
(3) Noti _ ing, -by certified mail, all owners . of real property (includin
and condominium as adjacent to and within 500 feet of the subject
property. A pplicants shall solel res ponsible for the costs incurred for notification
under this subsection.. Further, unless .otherwise provided by law, notices required
by this subsection 3) shall b e provided as follows :
.. .
Notice of small-scale future land use may amendments shall only be
mailed for the first public hearing before each board required to conduct a
hearing on the small -scale future land use map amendment.
Notice of large-scale future land use map amendments shall be mailed
at least once before the land plannin2j&cncy hearing, the transmittal hearing
and the adoption hearing on the large -scale future land use map amendment.
(4) Notifying, by certified mail, the owners of the subject property for which the
application is being made.
City of Cape Canaveral
Ordinance No. 04 -2008
Page 2 of 5
The notice re uirements set forth in subsections 1 1 (2), and 3 above are herebv deemed to be
courtesy notices. The failure to provide such courtesy notices shall not be a basis of appeal= an
decision made under this chapter.
Section 3. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, Cit
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 I. IN GENERAL
See. 110-1. Deflnitions.
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:
Courtesy notice means a notice of a public hearing, not required by law, mailed at the city's
discretion pursuant to the provisions of this „chapter to property owners within 500 feet of property
which is the subject of the public hearing. Courtesy notices ma be sent . by re ular or certified mail
as set forth herein.
ARTICLE II. PROCEDURE; LAND USE DECISIONS
DIVISION L GENERALLY
Sec. 110 --28. Due process; special notice requirements.
(b) In addition to any notice requirements provided by state law, all public hearings under
this article shall be publicly noticed for at least fourteen ten calendar days prior to the
City of Cape Canaveral
Ordinance No. 04 --2008
Page 3 of 5
date of the hearing. Said notice shall include the address of the subject property, matter to
be considered and the time, date and place of the hearing. Thecit shall nost notice of ublic
hearin s in the following manner:
(1) Posting the affected property.
(2) Posting at city hall and on the city's official website.
(3) Notifyin�rec�mai� all owners of real property (including homeowner's
and condominium associations) adjacent to and within 500 feet of the subject
property. All notices required by this subparagraph may be sent by regular mail
except that public hearines related to applications for rezoning shall be sent by
certified mail, return receipt requested. Further unless otherwise provided b law
notices required by this subsection shall only be mailed for the first public hearing
before the first board required to hear an application under this article Subsequent
hearings on the same application shall not be required to be noticed by this
subsection. Applicants shall be solely responsible for the costs incurred for
notification under this subparagraph.
(4) Notifying, by certified mail, the owner(s) of the subject property for which the
application is being made.
The notice requirements set forth in subsections (1), (2), and (3) above are hereby deemed to be
courtesy notices. The failure to provide such courtesy notices shall not be a basis of appealing any
decision made under this chapter.
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.
City of Cape Canaveral
Ordinance No. 04 -2008
Page 4 of 5
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 Ca e Canaveral,Florida this 6th day May,
2008.
ROCKY RAND LS, Mayor
ATTEST: For Against
Bob Hoog X
fir Leo Nicholas X
Buzz Petsos Second
Rocky Randels X
SUSAN STILLS, City Clerk C. Shannon Roberts Motion
First Reading: 04/15/08
Legal Ad published: 04/26/08
Second Reading: 05/06/08
Approved .s to legal form and sufficiency for
the Cit . Canaveral only:
41111/46)
A THONY A. GARGANESE, City Attorney
• City of Cape Canaveral
Ordinance No.04-2008
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