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Home My WebLink AboutOrdinance No. 18-2006NO ACTION WORKING DRAFT December 5, 2006 ORDINANCE NO, 15 -2 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 ;" PROHIBITING THE STORAGE OF LIQUEFIED PETROLEUM GAS IN EXCESS OF GALLONS IN THE R -1, R -2 AND R -3 ZONING DISTRICTS; PROVIDING FOR A SPECIAL EXCEPTION FOR THE STORAGE OF LIQUEFIED PETROLEUM GAS NOT TO EXCEED ONE THOUSAND (1,000) GALLONS IN THE C -1 AND C -2 ZONING DISTRICTS; REVISING THE SPECIAL EXCEPTION FOR THE STORAGE OF LIQUEFIED PETROLEUM GAS IN THE M -1 ZONING DISTRICT BY LIMITING SUCH STORAGE TO A MAXIMUM OF THREE THOUSAND (3,000) GALLONS, MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; 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 liquefied 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 several of the City's citizens; and WHEREAS, the City Code currently allows by special exception storage of liquefied petroleum products in the M -1 Light Industrial and Research and Development zoning district subject to certain restrictions; and WHEREAS, the City has certain safety concerns regarding the storage of liquefied petroleum gas throughout the City and wants to address such storage in all of the City's zoning districts; and WHEREAS, the City desires to limit the maximum amount of liquefied petroleum gas that City of Cape Canaveral Ordinance No. 18-2006 Page I of 7 WORKING DRAFT December 5, 2005 may be stored in each zoning district and require special exceptions for storage of same in the C -1, C -2 and M -1 zoning districts; 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 - M 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. 110 -1. Definitions. * ** •, f ! i I I Lei Lej I I I I I ! i r -.1 All 9 M ■ # "We LO W40 �i 0 h7M I113 I!AVJ I RP11 ■ ! ICIA I WIWM 1 11LIMM 1 ■ 1 1 LOW ! l; a I §LVJ 1 W41 4 • ■ r - ir 11 Le N4 t41 0 D1 q � F4ti ■ 1�� ■ Ef ■ ! ■ f w ■ ■ ■ ■ i . ■ r ■ r ! r as Cit of Cape Canaveral Ordinance No. 1 -2006 Page 2 of 7 WORKING DRAFT December 5, 2006 I +.K _ f , T k V ifs i 1 Ord 119 I D s 01 i = ri - It IM ILI 1 - - R iii i WN 1 Liquified etroleum czs LPG means apy material having a va or essure. not exceedin that allowed for commercial mopane that is cam sedd Woominantly of the following h drocarbons either bv themselves or as mixtures: p ropane, p Eopylene, butane normal butane or isobutane and butylenes. ARTICLE VII. DISTRICTS DIVISION 2, R -1 LOW DENSITY RESIDENTIAL DISTRICT Sec, 110 -275. Prohibited uses and structures, � Stora e� of liquified petroleum gas in excess of gallons is prohibited. left 6:14 a 0 JUJL I-11k., - All other uses not specifically or provisionally permitted in this division and any use not in keeping with the single- family residential character of the district, including two - family and multiple- family dwellings, townhouses and mobile home parks, are prohibited. DIVISION I R -2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 11 0- 295, Prohibited uses and structures. � Storage of liquified petroleum gas in excess of gallons is prohibited. .. - All other uses and structures not specifically or provisionally permitted in this division are prohibited. City of Cape Canaveral Ordinance No. 18-2006 Page 3 of 7 WORKING DRAFT December 5, 2005 DIVISION 4, R -3 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec, 110 -315. Prohibited uses and structures. � Storage of liquified petroleum has in excess of gallons is prohibited. ... All other uses and structures not specifically or provisionally permitted in this division are prohibited. DIVISION 5. C -1 LOW DENSITY RESIDENTIAL DISTRICT Sec. 110-334. Special exceptions permissible by board of adjustment. (c) Special exceptions may be permitted for the following: �16Z Stora e of liquified petroleum gas not to exceed one thousand (1,000) gallons. Storage of Jiquefied petroleum gas shall comply with all applicable fire safety codes and any other applicable law. DIVISION f. M -1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 110-354. Special exceptions permissible by board of adjustment. (c) Special exceptions may be granted for the following: WORKING DRAFT December 5, 2006 (6) Storage of liquefied Mtroleum aas not to exceed three thousand (3 00 g allons. Story a of liquefied petroleum gas shall coMply comply with all a licable fire safety codes and any other, applicable law. } . r } } . DIVISION S. C -2 COMMERCIALIMANUFACTURING DISTRICT Sec. 110 -383. Special exceptions permissible by board of adjustment. * ** (c) Special exceptions may be permitted for the following: 14. Storage of liguif ed petroleum as not to exceed one thousand (1,000) gallons. Storage of liquefied petroleum gas shall comply with all applicable fire safe1y codes and any other a licable law. Section 3. Conforming Amendments to Chapter 110, Zoning. The following conforming 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 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 VII. DISTRICTS * ** DIVISION 5. C -1 LOW DENSITY COMMERCIAL DISTRICT City of Cape Canaveral Ordinance No. 18 -2006 Page 5 of 7 WORKING DRAFT December 5, 2006 Sec. 110 -331. Intent. The requirements for the C -1 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. 7kH 131-tall LA-1 kolkililul DIVISION 5, M -1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 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. All principal uses permitted in this zone shall be contained in an enclosed structure. DIVISION 8, U -2 COMMERCIAL/MANUFACTURING DISTRICT 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. Aff 9 Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent City of Cape Canaveral 'I vrn�nance loo. 16 -ZWO Page 6of7 WORKING DRAFT December 5, 2006 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 2006. ATTEST: SUSAN STILLS, City Clerk I" Legal Ad Published: First Reading: 2' Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney day of ROCKY RANDELS, Mayor Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels C. Shannon Roberts For Against City of Cape Canaveral Ordinance No. 18-2006 Page 7 of 7