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Home My WebLink AboutOrdinance No. 17-2006ORDINANCE NO. 17-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CITY CODE RELATING TO THE REGULATION OF NONCONFORMING USES AND STRUCTURES; PROVIDING FOR INTENT; PROVIDING FOR CONTINUANCE AND REGULATION OF LAWFUL NONCONFORMITIE S UNDER THE REQUIREMENTS SET FORTH HEREIN; PROVIDING FOR THE ISSUANCE OF SPECIAL PERMITS BY THE CITY COUNCIL FOR THE CONTINUANCE OF SOME NONCONFORMITIES THAT WOULD OTHERWISE BE TERMINATED WHEN CIRCUMSTANCES DEMONSTRATE THAT THE OVERALL COMMUNITY AND PUBLIC POLICY OBJECTIVES OF THE CITY WILL BE PROMOTED AND ENHANCED; 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 pourer 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, Article V, regarding nonconformities, and determined on March 7 and 21, 2006, that revisions are required to clarify this article; and WHEREAS, the City recognizes the interests of property owners in the continuation of otherwise lawful uses and structures prior to the adoption of the City Code or lawfully permitted under the City Code, but which would be prohibited, regulated or restricted under the terms of the current City Code or subsequent amendments thereto; and WHEREAS, the City desires a clear, concise and uniform regulation regarding the continuation of lawful nonconforming uses and structures unless otherwise more specifically regulated under the City Code; 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. 17 -2005 Page 1 of 14 Section 1. Recitals. The foregoing recitals • g g als are hereby fully incorporated herein b this reference as legislative findings and the intent and y purpose of the City Council of the City of Ca e Canaveral. p Section 2. Code Amendment. Chapter 11 � ofth p e Code of Ordinances, City of Cape Canaveral Florida, is hereby amended as follows underli ned type p ' ( indicates additions and indicates deletions, while asterisks * * * � type ( } indicate a deletion from this Ordinance of text in Chapter 110. It is intended that the text existing t 1n Chapter 1 I � denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language anguage exYS tang prior to adopts on of this Ordinance): CHAPTER l 10. ZONING ARTICLE V. NONCGNFGRMITIES Sec. 110 -191. Intent• rules of inter retation• buiidi • • n and fire .codes • de�n�t�ons. (a) Intent. This article is intended to Dermit the continuation of those lots structures uses characteristics of use or combinations thereof which were lawful before the assa e of the City Code or which at one time had been lawfullYpermitted under the Citv Code but which would be nrohibited. re ulated or restricted under the terms of the current Citv Code or future amendments thereto. This article is desi ed to Drovide standards and Fruldelines for the control and many ement of nonconformin2 uses and non -com 1 'n buildin sand structures especially Lin remlatine chap es in the use of land or in the buildin s or structures including auality volume or intensity location ownership or tenancy accessory and incidental uses extension enlar ement replacement or any other chap e in characteristic. It is the intent of this article to ermit these nonconformities and non -coin liances to continue until thev are removed throu h discontinuance abandonment or amortization but not to encoura e their continuation unless otherwise authorized under this article either expressly or by special hermit Such nonconformin uses and structures are declared by this article to be incom atible with iDermitted uses in the zonin2 districts involved unless the Ci Council issues a s ecial ermit based upon evidence that s ecial circumstances exist in accordance with the standards set forth in this article. It is further the intent of this article that nonconformin uses and structures shall not be enlar ed u on ex anded increased or extended nor be used as Parounds for addin other structures or uses vrohibited elsewhere in the same zoning district Ulu L 041 ro I 04. City of Cape Canaveral Ordinance No. I7 -2006 Page 2 of 14 (b) Rules f or inte CR retation. Nothina in this article shall be irate retell as authonzation for or a royal of the continuation of an illegal use of a building, structure or land or 6 - 1 structure or buildin that was in violation of an ordinance ' �n effect at the time of the assn a of this article or an amendments thereto. The casual intermi ttent tem or or ille al use of land buildin or structure or construction of an u.nl awful structure shall not be a basis to establish the existence of a nonconformin use or struc tore. A lawful buxld' �n ermit issued for an buildin or structure rior to the enactor ' ent of this article the construction of which is in conformi with a roved site Inns if a I' ' cable and buZldin fans shall be deemed nonconformin under this article if the bu' ' xld�n or structure is built in full coin liance with the Cit Code as it existed at the time oft ' he issuance of the bu�ld�n ennit. In the event there is a conflict with the rovisivns of thi ' s article and a s eclf c amortization rovision re uirin the removal or modification of a n onconformin structure or discontinuance of a nonconformin use of land the rovisio - n which re uires the nonconformi to come into coin liance with the current Ci Code th e early est shall a l . .. 0% mp 11 IL 10 UL;;ZLI%j rep , same- ist q mot . . %J1 LUIS twila ,pL%.,i Mid tv, w1v (c) B uilding and fire codes No provision contained in this article or elsewhere in the City Code, shall nulhfv void abroeate or supersede an Yrequirement contained in a buildi or fire code that is duly enacted by law 1100:2 Mimi q11 1- 4:0 1- ICL aS UJL 0U (d) De znitions. As used in this article the followin words shall have the meaning ascribed unless the context clearly indicates otherwise• W Destroved or destruction shall mean damage by any means except by vandalism or other cnminal or tortious act b someone other than the roe owner such that the cost to repair or reconstruct the structure exceeds fifty ercent (50 %) of the fair market value of the structure at the time of destruction as established b the Brevard County Pronerty Annraiser or by a licensed appraiser whichever is g reater Q Dwelling unit shall mean a residential living unit which serves as a erson's City of Cape Canaveral Ordinance No. 17 -2006 Page 3 of 14 ■ ■ ■� ■ .R • ■ - ■ ■ ■ ■ ■ ■ ■ ■ / ■ TV 4 ■ Dow r ■ ■ ! ■ M 9 r i We K. - (b) Rules f or inte CR retation. Nothina in this article shall be irate retell as authonzation for or a royal of the continuation of an illegal use of a building, structure or land or 6 - 1 structure or buildin that was in violation of an ordinance ' �n effect at the time of the assn a of this article or an amendments thereto. The casual intermi ttent tem or or ille al use of land buildin or structure or construction of an u.nl awful structure shall not be a basis to establish the existence of a nonconformin use or struc tore. A lawful buxld' �n ermit issued for an buildin or structure rior to the enactor ' ent of this article the construction of which is in conformi with a roved site Inns if a I' ' cable and buZldin fans shall be deemed nonconformin under this article if the bu' ' xld�n or structure is built in full coin liance with the Cit Code as it existed at the time oft ' he issuance of the bu�ld�n ennit. In the event there is a conflict with the rovisivns of thi ' s article and a s eclf c amortization rovision re uirin the removal or modification of a n onconformin structure or discontinuance of a nonconformin use of land the rovisio - n which re uires the nonconformi to come into coin liance with the current Ci Code th e early est shall a l . .. 0% mp 11 IL 10 UL;;ZLI%j rep , same- ist q mot . . %J1 LUIS twila ,pL%.,i Mid tv, w1v (c) B uilding and fire codes No provision contained in this article or elsewhere in the City Code, shall nulhfv void abroeate or supersede an Yrequirement contained in a buildi or fire code that is duly enacted by law 1100:2 Mimi q11 1- 4:0 1- ICL aS UJL 0U (d) De znitions. As used in this article the followin words shall have the meaning ascribed unless the context clearly indicates otherwise• W Destroved or destruction shall mean damage by any means except by vandalism or other cnminal or tortious act b someone other than the roe owner such that the cost to repair or reconstruct the structure exceeds fifty ercent (50 %) of the fair market value of the structure at the time of destruction as established b the Brevard County Pronerty Annraiser or by a licensed appraiser whichever is g reater Q Dwelling unit shall mean a residential living unit which serves as a erson's City of Cape Canaveral Ordinance No. 17 -2006 Page 3 of 14 domicile and said Derson has reLyistered the unit with the Brevard Countv tax collector as homestead pronerty Lot of record shall mean a lot which is Dart of a subdivision recorded in the official record books of Brevard Countv. Florida or a Darcel of land described b metes and bounds le al description the description of which has been recorded in the official record books of Brevard Countv., Florid4 and com lies with the subdivision of land regulations of the City L41 Nonconforming or Nonconformity shall mean any lot structure use of land or structure or characteristic of anv use or structure which was lawful at the time of subdivision construction or commencement as the case mav be which over time no loner complies with the City Code or other ap plicable law due to a subsequent change of the City Code or other law — on C1 CAIJ ANSI- --I- 'Joel is— FV 1"kc V LLI 1116 UUL Structural materials shall mean an art material or assemblv of a buildin or structure which affects the safety of such building or structure and/or which supports any dead or desiened live load and the removal of which Dart. material or assembly could cause, or be expected to cause all or any portion to collapse or fail Sec. 110 -192. Mobile home parks and single-family � y borne districts. (a) Mobile home parks and single - family mobile home districts in existence on October 28 1975, shall be permitted, provided the number of spaces shall not exceed those licensed or previously platted to such mobile home parks or districts on that date and provided further that such mobile home parks shall not exceed the limits of property also on that date under unity of title and shall be in accordance with state law. (b) Removal and installation of a mobile home unit shall be done only after a permit is issued for this purpose by the building official. Sec. 110 -193. Continuance of Nonconforming structur e5. The lawful use of a nonconforminR structure mav be continued sub'ect to the followin provisions: La) No such structure mav be enlarged or altered in a wav which increases its nonconformity• fb) Any structure or portion thereof maybe altered to decrease its nonconformity, City of Cape Canaveral Ordinance No. 17 -2006 Page 4 of 14 Lcj Should such structure be destro ed it shall not be re aired or reconstructed exce t in conformity with the provisions of the City Code and Ld_J Should such structure be moved for anv reason for any distance whatsoever it shall thereafter conform to the re ulations of the zonin2 district in which it is located after it is moved. r ■ WMA 18 0 ■ i■ r ■ ■ / S ■ ■ ■ ■ /■ ■ ■� I IM I to g I I M of ■ ! ■ ■ ■ ■ ■A : / ■ ■ ■ ■ . q ■ ! _ - LTA ■ ■ • ■ ■ • ■ ■ : • ■ ■ .A ' ■ ■ r ■ r .■ ■ V r ■ � ■ ■ ! ■ rR r A ■ :A ■ LAS t s � ■ ■ NO ■■ I PRIM 4 r ■ ■ .A • ■ .A ■■ r ■ - � ' ! . ■ r ■ ■ ■ ■ ■ r ■ ! ■ / ■ ■ ■ ■ . q ■ ! _ - ■A go ■ NO ■■ I PRIM ■ ■f ■ ■ ■ ■ ■ R ■ ■ ■ VIA . Axp R ■ lost ■ ■ ■ 1 On , ■. ■ '■ , r r • ■ - ■ 1 ■ ■ ■ ■ ■ r - - ■ /A • r A q ILWJ % ■ I I ■ r : ■ • ■ :A ! ■ ■ ■ ! * - ■ See. 110 -194. Continuance of Nonconforming ses g of hand. A nonconformin2 use lawfally existinR at the time of the enactment of the Citv Code or an subsequent amendment thereto maybe continued subject to the following provisions Laj No such nonconforming use shall be enlar ed or increased nor extended to occu a greater area of land than was occupied at the adoption or subsequent amendment of the City Code unless such use is than ed to a use permitted in the district in which such use is City of Cape Canaveral Ordinance No. 17 -2006 Page 5 of 14 Iocated• f—b) No such nonconformin use shall be moved in whole or in part to any other portion of the lot or pazcel occupied by such use at the adoption or subsequent amendment of the Citv Code; Lcj No additional structures which do not conform to there uirements of the Ci Code shall be erected in connection with such nonconformin use of land. §ffiF F0111% Allot • ■ ■ L RK'Aff 4 11 ■ 4 @ ■ nu .. ■ rA ■ ■ ■ ■ Sec.11 0-1 95. Nonconforming uses of structures or of strut • du and premises in combinationi chap a of use. If a lawful use involving individual structures or of structures and premises in combination exists at the ado tion or subsequent amendment of the - Cily Code that would not be allowed in the zoning district under the terms of the City Code the lawful use ma be continued so Ion as it remains otherwise lawful, subiect to the following provisions• Laj No existing structure devoted to a use not permitted by the City Code in the district in which it is located shall be enlar ed extended constructed reconstructed moved or _structurally altered except in changine the use of the structure to a use DerMitted in the distract in which it is located• City of Cape Canaveral Ordinance No. I7 -2006 Page 6 of 14 r. ■ ■ ■ ■ ■• M&MIS rd - r■ ■ ! ■ ■ ■4 to ■ .A ! ■■ ■ ■ Iva V : :# : ■ :A :# •• : ■ ■ ■ ! IP ■ ■ ! ■ ■ ■ -11 ■ ■A ■f ■ — §ffiF F0111% Allot • ■ ■ L RK'Aff 4 11 ■ 4 @ ■ nu .. ■ rA ■ ■ ■ ■ Sec.11 0-1 95. Nonconforming uses of structures or of strut • du and premises in combinationi chap a of use. If a lawful use involving individual structures or of structures and premises in combination exists at the ado tion or subsequent amendment of the - Cily Code that would not be allowed in the zoning district under the terms of the City Code the lawful use ma be continued so Ion as it remains otherwise lawful, subiect to the following provisions• Laj No existing structure devoted to a use not permitted by the City Code in the district in which it is located shall be enlar ed extended constructed reconstructed moved or _structurally altered except in changine the use of the structure to a use DerMitted in the distract in which it is located• City of Cape Canaveral Ordinance No. I7 -2006 Page 6 of 14 b�..� Anv nonconfornung use maybe extended throu any parts of a buildin which were mamfestly arranged or designed for such use at the time of ado lion or amendment of this article but no such use shall be extended to OCCOV anv land outside such buildin Uc Anv structure or structure and land in combination in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the distract in which such structure is located and the nonconformin use mav not thereafter be resumed; and Ud Where nonconformin use status annlies to a structure and premises in combination removal or destruction of the structure shall eliminate the nonconfonnin2 status of the land. s Mill do ! .. j ■t ■ ! ■ ■. r r ■■ ■ pillow I VI twill MILS 'Lei Will pml ■ •■ ■ ! r ■ ■ ■ ■ ■ i mWits nil I t ■ ■ ■ ■ .� ■ ■ :t ! . i J IM #wltzq A L 'REP-Imp, mi will r ■■ .t ■ .� ■ ■ - r "' ! ■ ■ ■ " ■ - p or ! ■ i ■ f ■t *t ■ ■ �■ i ■ •■ ■ I Ro ■ ■ r ■ r ■ ■ ■ ■ ■ ■ ■■ .t I L st I t ! ■ i ■ ■ ■ ■ ■ i M991q1twIwwp * - ■t ! � + i ■ Mol .. ■ ■ i ■ ' ■t i ■ ! i ■ r � ■ r _ Wj ■ ■ ■ * ■ s ■ _ :� Jill � �■ " ■ ■ i .. ■ t+ ■ . ■ ■ ■ w * ■ a q ■ NX 4 i Mil ON ■ All ■ ■ ■ ■ i ■ i ■ ■ t - i i _ r a ■ r ■ t ■ i ■ + ■ +t • ■ ■ wArp ■ ■ ■ rt► City of Cape Canaveral Ordinance No. 17 -2005 Page 7 of 14 ■ ■R ■ ■ ■ ■ ■R .R ! i ■ 0 a ■ 6Q 8 • ■ r ■ f = ■ ■ ■ ■ live NMI - ■:■ _ L qq I Cars aja g! on an a ciao no 4a 09310 ' + W fe)f&) Notwithstanding subparagraph s a throw h d of this section f7}, the board of adjustment may grant a change of use (used in conjunction with . .] h a nonconforming structure and premises) from one nonconforming use to another nonconforming use which ' �s equally or more restrictive, eq ually or less intensive, and eg ually or more compatible with the surrounding area. • . .�,� An for a change of use shall be submitted to the building official and shall include the followin a. The property owner's name and address, a recorded deed indicating ownership and the legal description of the property. p rty. b• An affidavit executed before a notary public under penalty of perjury attesting to the existing use and the date the use was established. C. A sealed, as -built survey or a scaled drawing f the site along g with a notarized affidavit that the drawing is true and correct. Such survey shall show the dimensions, height, number of units and square q e footage of all structures, setback of all structures, and distances between structures. City of Cape Canaveral Ordinance No. 17 -2006 Page 8 of 14 d. An application fee as established b the city co • Y y unc�l to be forth �n appendix B to the zoning code. e. Clear and convincing evidence that demonstrates that the proposed nonconforming use (used in conjunction with a nonconforming structure and premises) is as equally or more restrictive, equally or less intensive, and e ually or more compatible with the surrounding area than the present nonconforming use. fQ The due process and notice provisions set forth in section 110-28 shall apply to all applications for change of use Wf All proposed applications for char e ofuse shall 11 be submitted to the and zoning board for ,'ts study and written recommendation ndatlon to the of ad ustment. Such proposal shall be submitted at least 14 days prior to the planning and zoning board meeting at which it is to be considered. k4k Upon receipt of the ulannine and zoning board's recommendation the board of adjustment shall issue a written order certifyin whether or not the proposed nonconformm use is eaually or more restrictive equall or less intensive and equally or more compatible than the present nonconforming use The board of adjustment shall consider the written recommendation of the planning and zoning board as part of the official record when hearing an application for change of use. fQ All change of use recommendations and final orders shall be based on the following relevant factors, includmz but not limited to whether the requested use a. uses less space: b. has fewer em to ees • C. requires less parkin• d. creates less traffi e. has fewer deliveries; f. creates less noise• 9-- creates a better benefit to the surroundin2 area than the revious use• h. is more acce table with the existinLy and future use or make u of the area; City of Cape Canaveral Ordinance No. I7 -2006 Page 9 of 14 i_. is more normally found in a similar neighborhood- or creates less of an impact than the present nonconformina use i ■ # r � ■R' ■R ! ■R rR 011 LWD I I r ; A tmwj U R 9 Mp ■ i ■ • ■ : ■ : ■ ■ WAIW4 ■ A _. - 51 _ - r ■ .A lot ■ r ■ ■ ■ ■ : R II I 419 ■ : ej ■ ■ ■ : 1"3 21 8 NIMN ANN 2 1 M IN ■ _ ■ rA ■ ■ i .. WIMMI took W 01 i ■ ■ t ■ :R - ■ r r p ". see I I Lei ■ ■ r Sec. 110 -196, Nonconforming lots of record. In any zoning district in which single-family dwellings Y � g or ,duplexes are permitted, a single- family t' dwelling or duplex,, and customary accessory buildings gs maybe erected, expanded, or altered on any single lot of record, notwithstanding hat such lot fa' • g fails to meet the requirements for area width, and/or depth for the applicable zonun district. T provision . g his shall only apply where and dimensions and requirements other than area width y andlor depth conform in all other respects with zoning district. the land development regulations for the applicable p . Sec. 110 -I97. . Abandon meat. Laj A nonconforming use of a buildine or premises which has been abandoned shall not thereafter be returned to such nonconformin2 use. A nonconformin2 use shall be considered abandoned: City of Cape Canaveral Ordinance No. 17 -2006 Page 10 of 14 LD When the intent of the owner to discontinue the use is a anent• or When the characteristic e ui inept and the furnishin s of the nonconforniin use have been removed from the Drenlises and have not been replaced bv similar equipment within one hundred eizhty (180) unless other facts show intention to resume the nonconformi _ MR use: or M When it has been replaced by a conformin use: or G) Where the use is discontinued or abandoned fora eriod of more than one hundred eighty (180) consecutive days or for ei hteen 1 S months ( 545 days during - ) any three -year Period, except where the use constitutes a dwelling unit In the case of dwelhnR amts the discontinuance or abandonment period shall be seven hundred thirty (730) consecutive s (2 years). The city council may grant extensions of time for a nonconforming use of a building or premises which would otherwise be considered abandoned pursuant to subsection (a) to continue if the abandonment was directIv caused by an. act of God or other emer enc situation outside of the control of the �ropertv owner LC) In the event a more specific abandonment discontinuance or amortization Drovision is stated elsewhere in this Cit Code for a s ecific nonconformine structure, land use or land area, the more specific provision shall apply Ud No provision contained in this article or elsewhere in the City Code reizarding the abandonment discontinuance or amortization ofnonconforminja structures or land uses shall nullify, void or abrogate any similar provision contained in a duly executed bmdm� development aereement approved by the City Council prior to October 17 2006 Sec. 110 -198. uses; Repairs and maintenance City of Cape Canaveral Ordinance No. I7 -2006 Page I 1 of 14 WWA U Von& - a ■ mull ■ ■ ■ ■ lay I 10 9 R L r. ■ • # ■ ■ ! ! ! ■ - ■ • . ■ ! ■ ■• ` ■ ■ ■� * # ■ Ramp _ ■ # ev Mrs PWNFPpqplqp ■ Ulm w " ■ Sec. 110 -198. uses; Repairs and maintenance City of Cape Canaveral Ordinance No. I7 -2006 Page I 1 of 14 La) Reasonable routine repair and maintenance of nonconforming structures is permitted and is not a change which would terminate a nonconformin status provided the work is necessary to keen the structure in a state of good repair. The work ma include the replacement of exishn� materials with like materials However. repairs and maintenance may only be authorized by the city council pursuant to section 110-2 00 or b the building official provided that the building official determines compliance with the following X1,2 The repairs and maintenance comply with applicable building and fire codes Q No violation of Sections 110 -193 110 -194 110 -195 110 -197 exists. The nermittee shall be in compliance with all other a plicable provisions of this article. (J4 There are no nending code enforcement actions or liens existina on the subject property ( Ifre lacement materials are involved such re lac ement mav not exceed fi p ercent 50% of the fair market value of the structure as establis b the Brevard Counly Prop= AMraiser orb a licensed a raiser whichever h�chever is 2reater. 02) Nothing in this article shall be deemed to prevent the stren heninjz or restorin�to a safe condition of anv buildm or Dart thereof declared to be unsafe bv gny official char ed with protecting the public safety upon order of such official However, this subsection shall not be construed as a means of circumventing the intent of this article callin2 for the elimination of nonconforminiz structures bv allowing a nonconfomling structure to be substantially rebuilt so as to extend the ordina and natural life of a nonconforming structure. LCJ The building official is authorized to permit structural alterations to nonconforming structures in instances where the Occu ational Safe and Health Administration "OSHA" requirements necessitate alterations provided the alterations shall not be authorized pnmarilv to replace deteriorated materials. Permittees shall be required to produce verification that said alterations are required bv OSHA includinz but not limited to a citation to all applicable OSHA resulations and any OSHA notifications re uiring the alterations This section does not a 1 to structures used for sin le -famil dwellin or two- family dwelling purposes which structures may be renovated repaired or re laced in accordance with a lawfully issued buildin permit City of Cape Canaveral Ordinance No. I7 -2006 Page 12 of 14 • ! ■ ■ * •• ■ ■ City of Cape Canaveral Ordinance No. I7 -2006 Page 12 of 14 Umommempapa See. I 1 D -199. . lemyoEM Uses. The casual intermittent temporary or illegal use of land or structures or construction of an unlawful structure shall not be sufficient to establish the existence of a nonconformin use or structure. Such use or structure shall not be validated b the ado tion of this article or amendments hereto,_ unless it complies with the terms of the City Code Sec. 1I0-200, Special i2ermit, Ua The intent and purpose ofthis section is to reco that there are limited ands pecial circumstances where overall_ community and public policy objectives of the City encourage and shall be served by the continuation of some nonconforming uses ofresidential buildings for human occunancvprovided said uses are not detrimental to the surrounding neiphborhood and to the community values established in the City's Comprehensive Plan and Citv Codes The Crtv Council desires to establish suecific standards for this category of special permit in order to allow the continuation of some nonconformin uses of residential buildings for human occupancy notwithstanding any Contrary provisions of this article or ON Code. th) The City Council at a duly held public hearing may rant a s ecial permit to allow the continuation of a nonconforming use of a residential buildin2 for human occu anc provided the following terms and conditions are strictly satisfied Q) The owner of the property on which said nonconforming use exists files a special nermrt Mphcation provided by the Cit and (Q The applicant demonstrates that the continuation of said nonconformin use a. is ca able of contributinR in a msitiove wav to the character and serves the needs of the commm �V includin re-occupangy re-occupancy for the accommodation of nei hborhood walk -to- service uses walk -to -work o ortun' 1t�eS and 1zVe- work s aces• reuse ofbuildin s with architectural or historic value• and reuse o f buildin s that 2enerate a sianificant economic benefit to the ' commune and b. is compatible with and not detrimental to the surrounding neighborhood in terms of traffic noise narking odor light intensit and land uses. hours of operation landscapin aesthetics structural design density, public safety and fire hazard: and c is consistent with the commune values ob'ectives and Dolicies established in the Ci 's Com rehensive Plan and Citv Code. f The City Council may impose conditions and safe ards as a condition of approval of any special permit granted under this section City of Cape Canaveral Ordinance No. 17 -2006 Page 13 of 14 Secs. 110499201--110-220. Reserved. 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 lorida, this 7th day of October, 2006. ROCKY RANDELS, Mayor ATTEST: For Against Burt Bruns Motion Bob Hoog Second Leo Nicholas X SUSAN STILLS, City Clcrk Rocky Randels X Buzz Petsos X_ First Reading: October 3,2006 Legal Ad published: October 7,2006 Second Reading: October 17,2006 Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 17-2006 Page 14 of 14