HomeMy WebLinkAboutOrdinance No. 22-2006NICI ACTION
ORDINANCE NO. 22-2006
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CAPE CANAVERAL CODE OF ORDINANCES; AMENDING
THE R -1, R -2, AND R -3 ZONING DISTRICTS TO MAKE
PUBLIC RECREATIONAL AREAS AND FACILITIES
PRINCIPLE USES; REPEALING THOSE SUBSECTIONS IN
THE R -1, R -2, AND R -3 ZONING DISTRICTS WHICH
PROVIDE THAT PUBLIC RECREATIONAL AREAS AND
FACILITIES MAY BE PERMITTED BY SPECIAL
EXCEPTION; AMENDING THE R -1, R -2, R -3, C -1, M -1 AND
C -2 ZONING DISTRICTS TO MAKE PUBLIC UTILITY
EQUIPMENT, USES AND RIGHTS -OF -WAY PRINCIPLE
USES WHEN SUCH USES ARE ESSENTIAL TO THE
NEIGHBORHOOD IN WHICH THEY ARE LOCATED;
REPEALING THOSE SUBSECTIONS IN THE R -1, R -2 R -3,
C -1 M -1 AND C -2 ZONING DISTRICTS WHICH PROVIDE
THAT PUBLIC UTILITY EQUIPMENT, USES AND RIGHTS -
OF -WAY MAY BE PERMITTED BY SPECIAL EXCEPTION;
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 Code currently provides for public recreational areas and facilities in
the R -1, R -2 and R -3 zoning districts by special exception only; and
WHEREAS, the City Council desires to establish public recreational areas and facilities as
principle uses within the City's residential zoning districts; and
WHEREAS, the City Code currently provides for public utility equipment, uses and rights -
of -way to be located in the City's zoning districts by special exception only; and
WHEREAS, the City Council desires to establish public utility equipment, uses and rights -
of -way as principle uses in all of the City's zoning districts when such public utility uses are essential
to the neighborhood in which they are located; 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
City of Cape Canaveral
Ordinance No. 22 -2006
Page 1 of 8
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 sua
type indicates deletions, while asterisks * *
yp ( ) 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 2. R -1 LOW DENSITY RESIDENTIAL DISTRICT
Sec. 110 -272. Principal uses and structures.
The principle uses and structures in the R -1 low density residential district are as follows:
f al Single - family dwellings. In no case shall there be more than one principal structure
per lot or parcel;-
Public recreational areas and facilities:
Publlc utilltV ^ ecluipment, uses and rights -of- -way essential to serve the nihborhood
- .. _g
in which it is located.
Sec. 110 -274. Special exceptions permissible by board of adjustment.
City of Cape Canaveral
Ordinance No. 22 -2006
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In the R- l low density residential district, the following special exceptions shall be permitted
by the board of adjustment:
� 1 ) _dult
congregate living facilities.
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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:
(3) Multifamily dwellings; or
(4) Public schools;,-
Public recreational areas and facilities:
Public utility equipment, uses and rights- of -way essential to serve the neighborhood
in which it is located.
Sec. 110 -294. Special exceptions permissible by board of adjustment.
In the R -2 medium density residential district, the following special exceptions shall be
permissible by the board of adjustment:
( Public and nonprofit private schools with conventional curriculums; public libraries.
(2-a) Churches and other places of worship; parish houses.
City of Cape Canaveral
Ordinance No. 22 -2006
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(34) Public safety structures and equipment, such as fire substations, civil defense
facilities and the like.
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DIVISION 4, R -3 MEDIUM DENSITY RESIDENTIAL DISTRICT
See. 110-312. Principal uses and structures.
In the R -3 medium density residential district, the principal uses and structures shall be:
(3) Multifamily dwellings; or
(4) Public schools;,:
f Public recreational areas and facilities:
Public utility equipment, uses and ri2hts -of -way essential to serve the neighborhood
in which it is located.
Sec. 110 -314. Special exceptions permissible by hoard of adjustment.
In the R -3 medium density residential district, special exceptions permissible by the board
of adjustment shall be as follows:
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(1-2) Public and nonprofit private schools with conventional curriculums; public libraries.
(2�) Churches and other places of worship; parish houses.
(34) Public safety structures and equipment, such as fire substations, civil defense
facilities and the like.
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City of Cape Canaveral
Ordinance No. 22 -2006
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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:
Public utility eauinment, uses and rights -of -way essential to serve the neighborhood
in which it is located.
Sec. 110 -334. Special exceptions permissible by board of adjustment.
(c) Special exceptions may be permitted for the following:
( 123) Theatres, drive -in theatres, photographic studios, bookstores and dance
studios, unless such uses fall within the scope and restrictions of section 10 -86 et seq.
(134) Carwashes, including polishing, and sale of related materials.
(145) Vehicle rental facility, as provided in § 110 -556 of this Code.
DIVISION 5. M -1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT
DISTRICT
City of Cape Canaveral
Ordinance No. 22 -2006
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Sec. 110 -352. Principal uses and structures.
In the M -1 light industrial and research and development district, the following uses and
structures are permitted, provided any use or group of uses that are developed, either separately or,
if developed as a unit with certain site improvements, shared in common, meet requirements of
article IX of this chapter:
Public utility eouiment, uses and rights-of-way essential to serve the neighborhood
in which it is located.
Sec. 110 -354. Special exceptions permissible by board of adjustment.
(c) Special exceptions may be granted for the following:
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GQ2) Permanent security living facilities, subject to an annual review and the
following:
(113) Restaurants.
(124) Public buildings.
(135) Telecommunications towers, subject to the provisions of section 110 -482.
(146) Conveyor systems for purposes of moving aggregate and other materials,
subject to the following:
DIVISION S. C -2 COMMERCIALIMANUFACTURING DISTRICT
City of Cape Canaveral
Ordinance No. 22 -2006
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Sec. 110-381. Principal uses and structures.
In the C -2 commercial /manufacturing district, the following uses and structures are
permitted:
13. Public utility equipment, uses and rights -of -way essential to serve the neighborhood
in which it is located.
Sec. 110-383. Special exceptions permissible by the board of adjustment.
(c) Special exceptions may be permitted for the following:
89. Theaters, drive -in theaters, photographic studios, bookstores and dance
studios, unless such uses fall within the scope and restrictions of section 10 -86, et
seq.
9+0. Carwashes, including polishing and sale of related materials.
10+. Mini - storage and storage warehouses.
112. Commercial establishments which sell, dispense, serve or store alcoholic
beverages or which permit the consumption of alcoholic beverages on their premises
subject to section 110 -171.
123. Vehicle rental facility, as provided in § 110 -556 of this Code.
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.
City of Cape Canaveral
Ordinance No. 22 -2006
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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 S. 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, Florida, this
, 2006.
ATTEST:
SUSAN STILLS, City Clerk
1 st Legal Ad Published:
First Reading:
2d 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. 22 -2006
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