HomeMy WebLinkAboutOrdinance No. 23-2006ORDINANCE NO. 23-2006
AN ORDINANCE OF THE CITY OF CAPE CANAVE
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CAPE CANAVERAL CODE OF ORDINANCES, PROVIDING
THAT ESTABLISHMENTS WHICH REQUIRE A SPECIAL
EXCEPTION TO SERVE ALCOHOLIC BEVERAGES MAY
NOT BE PERMITTED TO LOCATE WITHIN THREE
HUNDRED (300) FEET OF THE SHORELINE OF THE
BANANA RIVER OR OF THE ATLANTIC COAST;
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, section 110 -171 of the City of Cape Canaveral Code of ordinances currently
regulates establishments requiring a special exception to serve alcoholic beverages; and
WHEREAS, the City Council desires to amend section 110 -171 to prohibit establishments
seeking such special exception from locating within three hundred (300) feet inland of the shoreline
of the Atlantic ocean or of the Banana River; and
WHEREAS, section 177.28, Florida Statutes, provides that the "mean high -water line" along
the shores of land immediately bordering on navigable waters is recognized and declared to be the
boundary between the foreshore owned by the state in its sovereign capacity and upland subject to
private ownership; and
WHEREAS, the City Council believes that the mean high -water line should act as the
technical benchmark for purposes of prohibiting special exceptions for serving alcoholic beverages
within three hundred (300) feet of the shorelines of the Atlantic Ocean and the Banana River; 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
City of Cape Canaveral
Ordinance No. 23 -200
Page 1 of 3
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. 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 I10. ZONING
ARTICLE IV. SPECIAL EXCEPTIONS
DIVISION 2. ALCOHOLIC BEVERAGES
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 asset forth in this section
and also the following:
(1) The establishment shall not be permitted to locate_
Within 300 feet of any existing church, school grounds or
playgrounds nor shall a church, school or playground be permitted to locate
within 300 feet of any existing establishment which dispenses, sells, serves,
stores or permits the on- premises consumption of alcoholic beverages. The
distance shall be measured as the shortest linear distance between the
property line of the establishment which provides or proposes to provide for
the sale and consumption of alcoholic beverages and the property line of the
church, school grounds or playground.
�B. Within three hundred 309 feet inland of the mean high-water line of
the Atlantic ocean or of the Banana River. The distance shall be measured
as the shortest linear distance between the DrUea line of the establishment
which rov*des or ro oses to movide for the sale and consumption of
City of Cape C anaveral
Ordinance No. 23 -2006
Page 2 of 3
alcoholic bevera es and the mean high -water line of the Atlantic ocean or of
the Banana River.
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. Sev+erability. 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 5. Effective Bate. 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 2n day of
January, 2007.
ATTEST:
SUSA TILLS, City, Clerk
First Reading: r December 19, 2006
Legal Ad published: - December 23, 2006
Second Reading: _ January 2, 2017
Approv d a to legal form and sufficiency for
the Canaveral only:
0 �
eo
ANTHO . GARGANESE, City Attorney
G
ROCKY RAN ELS, Mayor
Bob Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
C. Shannon Roberts
For Against
X -
X
Motion
X -
Second
City of Cape Canaveral
Ordinance No. 2.3 -2005
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