HomeMy WebLinkAboutOrdinance No. 24-2006ORDINANCE NO. 24 -2006
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING OF THE
CAPE CANAVERAL CODE OF ORDINANCES; REPEALING
THE PHRASE "MOTELS AND MOTELS" FROM SECTION
110- 336(1)a TO MAKE SECTION 110 -336 CONSISTENT
WITH OTHER PROVISIONS OF THE CITY CODE
REGARDING HOTELS AND MOTELS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SE VERABILITY; 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 -336 of the Cape Canaveral City Code currently provides that hotels
and motels shall have a minimum lot area of 12,000 square feet; and
WHEREAS, section 110 -336, as it currently exists, is inconsistent with other provisions of
the City Code, specifically, sections 110- 332(4) and 110 -1; and
WHEREAS, the City Council desires to cure this inconsistency within the City Code so as
to properly reflect its legislative intent regarding the area and dimension required for lots upon which
hotels and/or motels will be constructed; 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 Mrcecat
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 I 10 denoted by the asterisks and set
forth in this ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance ):
City of Cape Canaveral
Ordinance No. 24 -2006
Page 1 of 3
CHAPTER 110. ZONING
ARTICLE VII. DISTRICTS
DIVISION 5. C -1 LOW DENSITY COMMERCIAL DISTRICT
See, 110 -336. Area and dimensions.
In the C-1 low density commercial district, the following areas and dimensions shall be
required:
(1) Minimum lot area shall be as follows:
a. Service stations, , 12,000 square feet.
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. SeveraNity. 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 2 nd day of
January, 2007.
City of Cape Canaveral
Ordinance No. 24 -2006
Page 2 of 3
C K� ( > . - -
ROCKY RAND LS, Mayor
First Reading: December 19, 2006_
Legal Ad published: December 23 2006
Second Reading: . _January 2, 2007_��
Approv to legal form and sufficiency for
the of ape Canaveral only:
ANTHO , GA.RGANESE, City Attorney
Bob Hoag
Leo Nicholas
Buzz Petsos
Rocky Randels
C. Shannon Roberts
For Against
Second
x
X
x
Motion
City of Cape Canaveral
Ordinance No. 24 -2006
Page 3 of 3