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Home My WebLink AboutOrdinance No. 01-2007ORDINANCE NO. 01-2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; PROVIDING FOR A DEFINITION OF "LIQUIFIED PETROLEUM GAS;" REPEALING THE DEFINITION OF "FIRE DISTRICT;" REPEALING THE SPECIAL EXCEPTION FOR STORAGE OF LIQUIFIED PETROLEUM IN THE M -1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT; CREATING SECTION 110 -485 TO LIMIT THE TANK CAPACITY FOR STORAGE OF LIQUIFIED PETROLEUM GAS FOR DISTRIBUTION PURPOSES TO 1000 GALLONS PER LOT OF RECORD; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLU'T'IONS; INCORPORATION INTO THE CODE AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the storage of liquified petroleum gas has been the subject of several meetings of the Planning and zoning Board in recent months during which the Planning and zoning Board has heard and considered the input of citizens and staff; and WHEREAS, the City has certain safety concerns regarding the storage and distribution of liquified petroleum gas within the City; and WHEREAS, the City Code currently allows by special exception storage of liquified petroleum products in the M-1 Light Industrial and Research and Development zoning district subject to certain restrictions; and WHEREAS, the City's Fire Chief has provided extensive information at Planning and Zoning Board meetings evidencing that the storage of liquified petroleum is heavily regulated by both state and national fire safety codes which address proper location and volume of liquified petroleum tanks and other concerns of the City and its citizens; and WHEREAS, the City desires to repeal the special exception for the storage of liquified petroleum in the M -I zoning district and leave regulation of the same the state and national fire safety codes already in place; and City of Cape Canaveral Ordinance No. 01 -2007 Page 1 of 7 WHEREAS, the City instead desires to generally limit the maximum amount of liquified petroleum gas that may be stored in the City for distribution purposes to a total of 1000 gallons per parcel of land; and WHEREAS, the City desires to repeal the term "fire district" from its zoning regulations as the term is antiquated and no longer practical as used in the City's zoning regulations; 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. Cade 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 I. IN GENERAL Sec. I10 --1. Definitions. / • lint CAM ■ s ■ 1 ■ ■ ■ ! ! r ■ ■ ■ ■ r "Iw�a qkwrf IMM City of Cape Canaveral Ordinance No, 01 -2007 Page 2 of 7 ■ 101 ■ - F4 0J I INJIIII WME - s r : i ,r s r■ 18 - ! Pi Log W-1401 L"NUVIN FLWI"INI III " W?A Liquified petroleum gas (LPG) means any material haviny, a vapor pressure not exceeding that allowed for commercial propane that is composed predominantly of the followinghydrocarbons, either by themselves or as mixtures: propane, propylene, butane (nvrtnal butane or isobutane), and butylenes. ARTICLE VII. DISTRICTS DIVISION 6. M -1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 1 10 - 354. Special exceptions permissible by board of adjustment. (c) Special exceptions maybe granted for the following: (� -7) Recycling activities for the collection of nonhazardous materials, provided that all storage of such materials shall be in approved structures, containers or trailers. (7 $) Radio and TV studios. 9) Shopping centers, provided the shopping center is on a minimum ten -acre plot and has a minimum of 75,000 square feet of interior space under the roof. All shopping centers shall be built in conformance with the criteria for the classification City of Cape Canaveral Ordinance No. 0 1-2007 Page 3 of 7 101 ■ LIN : ■- : r bi - - (� -7) Recycling activities for the collection of nonhazardous materials, provided that all storage of such materials shall be in approved structures, containers or trailers. (7 $) Radio and TV studios. 9) Shopping centers, provided the shopping center is on a minimum ten -acre plot and has a minimum of 75,000 square feet of interior space under the roof. All shopping centers shall be built in conformance with the criteria for the classification City of Cape Canaveral Ordinance No. 0 1-2007 Page 3 of 7 of shopping centers as set forth in the building code adopted in section 82 -31. (2+6) Public utility equipment; uses and rights -of -way essential to serve the neighborhood in which it is located. (10 +2) Permanent security living facilities, subject to an annual review and the following: a. Maximum size not to exceed 800 square feet. b. Security personnel only; no children allowed. c. Facility to be used exclusively for security purposes. (11 +5) Restaurants. (12 1-4) Public buildings. (L3+-5) Telecommunications towers, subject to the provisions of section 110 -482. (143 -6) Conveyor systems for purposes of moving aggregate and other materials, subject to the following: ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY See. 110 -455. Liquified etroleum eas . The tank cgaacity for stora e of li uified etroleum gas for distribution u ores shall not exceed 1000 total gallonsper lot of record. To the extent that this section conflicts with a more restrictive provision of any aDplicable fire safety code or law the more restrictive code or law shall ggply. For ma2oses of this section the term "lot of record" shall have the same meanie set forth in section 110 -1 and shall also include a combination of conti ous lots of record that are either under sin le ownership unified in title or used for common development puEposes. Section 3. Conforming Amendments to Chapter 110, Zoning. The following conforming City of Cape Canaveral Ordinance No. 41 -2007 Page 4 of 7 amendments are made to Chapter 110, zoning, of the Cape Canaveral Code of ordinances ( underlined type indicates additions and type indicates deletions, while asterisks indicate a deletion from this Ordinance of text existing in Chapter I 10. It is intended that the text in Chapter 11 o 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 DIVISION 5. C -1 LOW DENSITY COMMERCIAL DISTRICT Sec. 110-331. Intent. The requirements for the C- I low density commercial district are intended to apply to an area adjacent to major arterial streets and convenient to major residential areas. The types of uses permitted are intended to serve the consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. Lot sizes and other restrictions are intended to reduce conflict with adjacent residential uses and to minimize the interruption of traffic along thoroughfares. DIVISION 6, M -1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT See. 110 -351. Intent. The requirements for the M -1 light industrial and research and development district are intended to apply to an area located in close proximity to transportation facilities and which can serve light manufacturing, research and development, distribution and other industrial functions. Restrictions in this division are intended to minimize adverse influences of the industrial activities. dq it 4 14 All principal uses permitted in this zone shall be contained in an enclosed structure. All luultultl a DIVISION S. C -2 COMMERCIALIMANUFACTURING DISTRICT City of Cape Canaveral Ordinance No. 0I -2007 Page 5 of 7 Sec. 110-380. Intent. The requirements for the C-2 commercial/manufacturing district are intended to apply to an area adjacent to major arterial streets,located adjacent to existing commercial or manufacturing uses and convenient to major residential areas.This district would be associated with a mix of low density commercial and light industrial. The types of uses permitted are intended to serve employment and consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. All principal uses permitted in this zone shall be contained in an enclosed structure. All and shall be built in confonnancc with the rulcs and rcgulations of fire districts. * * * 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. 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 20`h day of February, 2007. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog X Leo Nicholas Second SUSA STILLS, City Clerk Buzz Petsos X Rocky Randels X C. Shannon Roberts Motion City of Cape Canaveral Ordinance No. 01-2007 Page 6 of 7 First Legal Ad published: First Reading: Second Legal Ad published: Second Reading: _ January 29, 2007 February 6,_ 2007 February 13, 2007 February 20 2407 Approve as t le al form and sufficiency for the C' e Ca averal only: ANTHONY-k. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 01 -2007 Page 7 of 7