HomeMy WebLinkAboutOrdinance No. 19-2006No Action
WORKING DRAFT October 12, 2006
ORDINANCE NO, 19 -2046
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CODE OF ORDINANCES; CLARIFYING THE INTENT OF
THE R -1, R -2 AND R -3 RESIDENTIAL ZONING DISTRICTS;
DEFINING THE TERM "TRANSIENT COMMERCIAL USE;"
PROHIBITING TRANSIENT COMMERCIAL USES IN THE
R -1, R -2 AND R -3 RESIDENTIAL ZONING DISTRICTS FOR
SINGLE FAMILY DWELLINGS OR MULTIPLE FAMILY
DWELLINGS WITH FOUR (4) OR LESS UNITS FOR
PERIODS OF LESS THAN NINETY (90) CONSECUTIVE
CALENDAR DAYS; ESTABLISHING AN AMORTIZATION
SCHEDULE FOR TRANSIENT COMMERCIAL USES IN
RESIDENTIAL ZONING DISTRICTS WHICH WERE IN
EXISTENCE, LICENCED BY THE STATE AND PAID
APPLICABLE STATE TRANSIENT RENTAL TAXES AS OF
(INSERT DATE); PROVIDING FOR EXTENSIONS; MAKING
CONFORMING AND MISCELLANEOUS AMENDMENTS TO
CHAPTER 110, ZONING; 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 maintenance of the character of residential neighborhoods is a proper
purpose of zoning. See Village of Euclid v. Ambler Co., 272 US. 365 (1925 ); Miller v. Board of
Public Works, 234 P. 381 (Cal. 1925); and
WHEREAS, limitations on transient commercial uses of residential dwelling units serve a
substantial governmental interest in preserving the character and integrity of residential
neighborhoods. See Cope v. City of Cannon Beach, 855 P.2d 1083 (or. 1993); Ewing v. City of
Carmel -By -The -Sea, 286 Cal, Rptr. 382 (Cal Ct. App. 1991); and
WHEREAS, the City seeks to maintain residential zoning districts that are free from
congestion and overpopulation and that promote the permanent residency of families; and
WHEREAS, the City Council has considered and relied upon, in part, studies entitled A
Rezoning Study, prepared by Tuttle- Armfield- Wagner dated May 2, 2005 and Brevard County
City of Cape Canaveral
Ordinance No. 19 -2005
Page 1 of 9
WORKING DRAFT October 12, 2006
Economic Analysis of Residential Rezoning Draft Report, prepared by Tindale- Oliver & Associates,
Inc. dated May 2005 for purposes of determining a reasonable time period, formula and procedure
for amortizing nonconforming transient commercial uses; 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
SM-
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.
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:
Transient commercial use means the rental or use of a residential dwelling unit as a bed and
breakfast hostel hotel inn lode motel or other transient lodginiz uses for com ensation
money, rent or other bargained for consideration given in return for occupancy, ossession or use
of the dwelling unit.
ARTICLE VII. DISTRICTS
City of Cape Canaveral
Ordinance No. 19 -2006
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DIVISION 2. R -1 LOW DENSITY RESIDENTIAL DISTRICT
Sec. 110 -271. Intent,
The requirements for the R -1 low density residential district are intended to apply to an area
of single- family unattached residential development. Lot sizes and other restrictions are intended
to promote and protect a high quality of residential development free from congestion and
overpopulation to promote the permanent residency of single families and to enhance and maintain
the residential character and integrity of the area.
Sec. 110 -275. Prohibited uses and structures.
The transient commercial use of a single-family dwelling for less than nines 9O
consecutive calendar days is prohibited. However any dwelling beimiz utilized as a transient
commercial use, which was in existence and licensed by the Division of Hotels and
Restaurants of the Florida Department of Business and Professional Re ulation on INSERT
DATE and that has 12aid a licable transient rental taxes ursuant to section 212.03 Florida
Statutes, shall be subiect to the amortization rovision in section 110 -485 of this Code.
2 ?l 111 LIA." JLX-1 I%JW W .o0JLU%,;U1L.1a1 ' 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 homes parks, are prohibited.
DIVISION 3, R -2 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110 -291. Intent.
The requirements for the R -2 medium density residential district are intended to apply to an
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further, the provisions herein are intended
to vromote areas free from can estion and overpopulation, to promote the permanent residency of
families and to enhance and maintain the residential character and integrity of the area.
City of Cape Canaveral
Ordinance No. 19 -2006
Page 3 of 9
WORKING DRAFT October 12, 2006
Sec. 110 -295. Prohibited uses and structures.
(a) The transient commercial use of a single- family dwelliniz or a multiple : family_
dwelling with four (4) units or less for a.period of less than ninety (90) consecutive calendar
days is prohibited. However, any dwelling being
utilized as a transient commercial use
—.-
which was in existence and licensed by the Division of Hotels and Restaurants of the Florida
Department of Business and Professional Regulation on (INSERT DATE) and that has paid
a licable transient rental taxes ursuant to section 212.03 Florida Statutes shall be sub j ect
to the amortization provision in section 110 -485 of this Code.
Dwelling unit rentals of less than seven (7) days shall be prohibited in multi - family
structures of five (5) units or more
LC-1
111 L11%.01 - All other uses and structures not
specifically or provisionally permitted in this division are prohibited.
DIVISION 4. R -3 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110 -311. Intent.
The requirements for the R -3 medium density residential district are intended to apply to an
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further, the provisions herein are intended
to promote areas free from congestion and ovelpopulation, to promote the permanent residency of
families and to enhance and maintain the residential character and integrity of the area.
Sec. 110 -315. Prohibited uses and structures,
La I The transient commercial use of asingle- family dwelling or amultiple - family
dwelling with four (4) units or less for a period of less than ninety (90) consecutive calendar
days is prohibited. However, any dwelling being utilized as a transient commercial use,
which was in existence and licensed by the Division of Hotels and Restaurants of the Florida
Department of Business and Professional Regulation on (INSERT DATE) and that has paid
a ble transient rental taxes pursuant to section 212.03 Florida Statutes shall be subject
to the amortization provision in section 110 -485 of this Code.
Dwelling unit rentals of less than seven (7) days shall be prohibited in multi - family
City of Cape Canaveral
Ordinance No, 19 -2006
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structures of five (5) units or more.
f - All other uses and structures not
specifically or provisionally permitted in this division are prohibited.
ARTICLE Ix. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1. GENERALLY
Sec. 110 -455. Dwellings; transient commercial use; amortization schedule; extensions.
Any dwelling which is subject to this section shall cease operating as transient
commercial uses within one 1 year from INSERT DATE and shall thereafter be used in
a manner consistent with the zoning district appli vable to the prop where the dwellin
i q l ncaterl _
Owners of any which is eligible for amortization under this section shall
p rovide written pro of of state license and payment of applicable state transient rental taxes.
ec� Extensions.
Owners of dwellings subject to this section who cannot reasonably recover
their allowable unrecoverable costs within one 1 ear after INSERT DATE ma
file a written request for an extension on the grounds that the one (11 vear
amortization period is insufficient with respect to an individual transient commercial
use. Such extension request shall be filed with the City Manager within ninety „(201
days from (INSERT DATE). Failure to file a request for an extension within said
time period shall bar the filing of an extension.
The amortization pe riod is to be determined by INSERT DECISION
MAKING BODYIPERSON} using the following formula: Allowable, unrecoverable
costs divided by annual transient commercial use income equals the .number of
amortization years or fraction thereof.
The owner of the dwellin burden of proof by preponderance of the
evidence to present sufficient documentation evidencing the values for allowable
unrecoverable costs and estimated annual income.
City of Cape Canaveral
Ordinance No. 19 -2005
Page 5 of 9
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Allowable unrecoverable costs means those costs that are specifically related
to managing a transient commercial use. Allowable unrecoverable costs must be
costs incurred for the sole use in the transient commercial use. Such costs include but
are not limited to: costs associated with state licensure (safety_ signs, fire
extinguishers etc.); kitchenware (silverware, pots, vans, dishes, etc) -, linens and
bedding tablecloths sheets pillows, etc and furniture beds couches chairs etc .
Such costs must have accrued within five (5).years before the effective date of this
ordinance. Additionally, such costs must be depreciated 20 percent 20 %n er year.
Allowable unrecoverable costs does not mean costs that add value to the
proverty despite its use. Such ineligible costs include but are not limited to: roofing
repairs landscaping, including avin ools hot tubs and Jacuzzis room
expansions; remodelin • and air conditioning system
Annual transient commercial use income means the income received from
rents of the transient commercial use minus expenses incurred solely _for _operation
of the transient commercial use. Expenses for operating the transient commercial use
include but are not limited to: mort a e interest for actual rental periods • commission
to a rental agent; utilities ordinga maintenance not major repair); and cleanin
services. Expenses not directly related to the operation of the transient commercial
use such as mort a e interest for non - rental Seriods are not to be included in the
calculation of transient commercial use income.
In determininiz the amortization period, the (INSERT DECISION MAKING
BODY/PERSON) shall consider any bona fide contracts entered into before
INSERT DATE) for violation with the Impairment of Contracts Clause Article
Section 10 of the Florida Constitution and adjust the amortization period to lawful)
address the term of the existing contract.
Section 3. Conforming Amendments. The following conforming amendments are made to
Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida (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
City of Cape Canaveral
Ordinance No. 19 -2006
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ARTICLE VII, DISTRICTS
DIVISION 2. R -1 LOW DENSITY RESIDENTIAL DISTRICTS
Sec. 110 -272. Principal uses and structures.
The principal uses and structures in the R -1 low density residential district are as follows:
Single - family dwellings. In no case shall there be more than one principal structure per lot
or parcel. .
DIVISION. 3. R -2 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110 -292. Principal uses and structures.
In the R -2 medium density residential district, the principal uses and structures shall be:
(1} Single - family dwellings;
(2) Two - family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre?
DIVISION 4. R -3 MEDIUM DENSITY RESIDENTIAL DISTRICT
City of Cape Canaveral
Ordinance No. 19 -2006
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Sec. 110 -312. Principal uses and structures.
In the R -3 medium density residential district, the principal uses and structures shall be:
Single - family dwellings;
(2) Two - family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net
residential acre,
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
2006.
day of
ROCKY RANDELS, Mayor
ATTEST: For Against
Burt Bruns
Bob Hoog
City of Cape Canaveral
Ordinance No. 19 -2006
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Leo Nicholas
SUSAN STILLS, City Clerk Rocky Randels
Buzz Petsos
First Reading:
Legal Ad published:
Second Reading:
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, 19 -2006
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