HomeMy WebLinkAboutOrdinance No. 04-2006ORDINANCE NO. 04-2006
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CODE OF ORDINANCES, CLARIFYING THE PERMITTED
USES AND STRUCTURES IN THE C--1 LOW DENSITY
COMMERCIAL ZONING DISTRICT WITH REGARD TO
HOTELS AND MOTELS; 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 and Planning and zoning Board, as part of a comprehensive
review of the City's Code of ordinances, has reviewed Chapter 110, Zoning, and determined on
February 21, 2006, that revisions are required to clarify Chapter 110 with regard to hotels and motels
as a permitted use in the C -1 Low Density Commercial zoning district; and
WHEREAS, it is the City's desire that any hotels or motels constructed in the C- l Low
Density Commercial zoning district have a minimum of 150 units; 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
type indicates deletions, while asterisks (* * *) indicate a deletion from this ordinance of text
existing in Chapter 110, zoning. It is intended that the text in Chapter 110, Zoning, denoted by the
asterisks and set forth in this ordinance shall remain unchanged from the language existing prior to
adoption of this ordinance):
City of Cape Canaveral
Ordinance No. 04 -2006
Page 1 of 4
CHAPTER 110. ZONING
ARTICLE VII. DISTRICTS.
DIVISION 5. C -1 LOW DENSITY COMMERCIAL DISTRICT
Sec. 110 -332. Principal uses and structures.
In the C -1 low density commercial district, the following uses and structures are permitted:
(4) Hotels; or motels with a minimum of 150 rental units. In no case shall there
be more than 30 rental units per net acre nor shall a rental unit have a floor area less
than 300 square feet. Hotel and motel units containing provisions for cooking or
light housekeeping shall have a minimum floor area not less than 400 square feet.
Motels and hotels may not be converted to other types of dwellings at more than the
density required in this chapter for such dwellings.
Section 3. Conforming Amendments to Chapter 110, Article IV, Division 2. The following
amendment to section 110 -171, City Code, is made in conformance with the above- referenced
amendment and is necessary to implement the clarification set forth in Section 2 of this ordinance
(underlined type indicates additions and type indicates deletions).
CHAPTER 110. ZONING
ARTICLE IV. SPECIAL EXCEPTIONS
DIVISION 2. ALCOHOLIC BEVERAGES
City of Cape Canaveral
Ordinance No. 04 -2006
Page 2 of 4
Sec. 110 -171. Establishments serving alcoholic beverages.
(a) Establishments which shall require a special exception under this chapter by the
board of adjustment are those, whether or not licensed by the state Department of Business
and Professional Regulation, Division of Alcoholic Beverages and Tobacco, which dispense,
sell, serve, store or permit consumption on the premises of alcoholic beverages. In
consideration of a special exception application, the board of adjustment shall not approve
the application unless it is totally consistent with all the conditions as set forth in this section
and also the following:
(2) The establishment, if licensed by the state division of alcoholic beverages and
tobacco to permit on- premises consumption of beverages, shall not be located within
2,000 feet of another licensed establishment. The distance shall be measured as the
shortest linear distance between the property line of the establishment which
proposes to provide for the sale and consumption of alcoholic beverages and the
property line of any establishment which currently provides for the sale and
consumption of alcoholic beverages. Further, the establishment shall be in
compliance with the Florida beverages laws (F.S. chs. 561 through 568). Provided,
however, exceptions to this subsection 110 - 171 }(a )(2) are:
(b) Hotels and motels which are approved in accordance with City Code
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 -2006
Page 3 of 4
Section 70 Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the Council of the City of Cape Canaveral, Florida, this 20 da y of June,
ROCKY RANDELS, Mayor
ATTEST:
SUSAN STILLS, City Clerk
Burt Bruns
Bob Hoag
Leo Nicholas
Rocky Randels
Buzz Petsos
For Against
x
Second
x
x
Motion
First Reading: June 6, 2006
Legal Ads published: May 26, 2006 and June 12, 2006
Second Reading: June 20, 2006
Approvaasegal form and sufficiency for
the Ci Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 04 -2006
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