HomeMy WebLinkAboutOrdinance No. 06-2005DISCUSSED AT 5/17/2005 REGULAR COUNCIL MEETING. NO ACTION TAKEN.
ORDINANCE NO. 06-2005
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;
CREATING A NEW DIVISION REGARDING THE
PRESERVATION OF RESIDENTIAL AREAS; PROHIBITING
TRANSIENT COMMERCIAL USES SUCH AS BED AND
BREAKFASTS, HOSTELS, HOTELS, INNS, LODGINGS,
MOTELS, OR RESORTS IN RESIDENTIAL DWELLING
UNITS FOR PERIODS OF LESS THAN SEVEN (7)
CONSECUTIVE CALENDAR DAYS; MAKING
CONFORMING 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 V111, 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 (1926); 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 Cape 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 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
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Ordinance No. 06 -2005
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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 110. ZONING
ARTICLE VII. DISTRICTS
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
oveEpopulation to promote the permanent residency of sin le families and to enhance and maintain
the residential character and integrity of the area.
DIVISION 3. R -2 MEDIUM DENSITY RESIDENTIAL DISTRICT
See. 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 rovisions herein are intended
to promote areas free from congestion and oveEpopulation to promote the permanent resident of
families and to enhance and maintain the residential character and integlity of the area.
DIVISION 4. R -3 MEDIUM DENSITY RESIDENTIAL DISTRICT
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Ordinance No. 06 -2005
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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 overpopulation, to promote the permanent residency of
families and to enhance and maintain the residential character and integrity of the area.
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 8. SWIMMING POOLS
Secs. 114- 585 -110 -589. Reserved.
DIVISION 9. PRESERVING RESIDENTIAL AREAS
Sec. 110 -590. Intent.
It is the intent of this division to promote and protect residential development that is free
from congestion and overpopulation, to promote the permanent residency of families, and to enhance
and maintain the residential character and integrity of residential areas. This division is intended to
apply within the City's residential zoning districts, including the R -1, R -2, and R -3 zoning districts.
Sec. 110 -591. one family per residential dwellinp_unit.
Each residential dwelling unit shall not be occupied by more than one family,
Sec. 110 -592. Transient commercial use prohibited.
a For purposes of this section "transient commercial use" shall mean the rental or use
of a residential dwelling unit as a bed and breakfast hostel hotel inn' lodging motel resort
or other transient lodging uses for com ensation money., rent or other bar ained for
consideration given in return for occupancy, ossession or use of the residential dwellin
unit.
(b) The transient commercial use of a residential dwelling unit for less than seven (7)
consecutive calendar days is prohibited.
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Ordinance No. 06 -2005
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Sec. 110 -593. Violation.
It is unlawful for any person to use or allow the use of a residential dwelling unit in violation
of this division and for any agent real estate broker real estate sales agent, property manager
reservation service or otherwise to arran e or negotiate for the use of a residential dwelling unit in
violation of this division.
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
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;
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Ordinance No. 06 -2005
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(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
Sec. 110 -312. Principal uses and structures.
In the R-3 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,
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 5. 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
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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 day of
.2005.
ATTEST:
SUSAN STILLS, City Clerk
ROCKY RANDELS, Mayor
For
Bob H o o g
Jim Morgan
Rocky Randels
Buzz Petsos
Steve Miller
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
Against
City of Cape Canaveral
Ordinance No. 06 -2005
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