HomeMy WebLinkAboutOrdinance No. 03-2005AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF
ORDINANCES, ZONING; AMENDING THE PROCEDURE
BY WHICH SITE PLANS ARE REVIEWED AND
APPROVED; GRANTING THE CITY COUNCIL FINAL
DECISION- MAKING AUTHORITY REGARDING SITE PLAN
APPLICATIONS; 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, pursuant to the Cape Canaveral City Code, the Planning and zoning Board
currently reviews all site plans for final approval; and
WHEREAS, the City Council, as the City's elected body, desires to be held accountable to
the citizens of the City of Cape Canaveral with regard to final approval of development projects
within the City; and
WHEREAS, the City Council believes that amending the City Code so that the Planning and
Zoning Board reviews and makes recommendations for approval or denial of proposed site plans to
the City Council, while the Council maintains the final approval authority over any proposed site
plan, would ensure that the Council remains responsible to the citizens with respect to their desires
regarding development within the City; 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
City of Cape Canaveral
Ordinance No. 03 -2005
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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 VI. SITE PLANS
See. 110 -223. Review procedures.
(f) All plans shall be made available to the planning and zoning board for its review and
recommendation to the city council.
. The building official shall prepare
a site plan checklist to be submitted to the planning and zoning board when a site plan is
reviewed.
(g) The planning and zoning board, following public hearing and review of any
submitted site plan, shall make a written recommendation to the city council recommendin
approval, approval with conditions, or denial of ,
the a lication based upon the site plan 's compliance with the city's Code and
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comprehensive plan. Such recommendation shall include the reasons for the board's
recommendation and show the board has considered the applicable site plan criteria set forth
to this Article. a
Upon receipt of the planninR and zoning board's recommendation, and following
a public hearing and review of the submitted site plan the city council shall make a
final decision on the application If the city council determines that the planning and zoning
board has not made a recommendation on an implication within a reasonable period of time,
the city council may at its discretion consider an application without the planning and
zoning board's recommendation And decision of the city council is final and subiect to
judicial review.
(iii) If the cites council elects to grant conditional approval of
a site plan subject to any conditions or contingencies, the applicant shall have 90 days from
the date of conditional site plan approval to satisfy any such conditions and/or contingencies.
City of Cape Canaveral
Ordinance No. 03 -2005
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If all conditions and/or contingencies are satisfied, the final site plan approval date shall be
either the expiration of the 90-day period; or the date the building official certifies by
notation on all city site plan copies, that all conditions and/or contingencies are satisfied,
whichever first occurs. If the conditions and/or contingencies are not satisfied before the
expiration of the 90-day period the conditional approval shall be automatically withdrawn
and the application shall stand as denied. The 90-day compliance period may be extended
at the discretion of the city council , upon written request of the
applicant prior to the expiration of the 90 -day compliance period, and where the applicant
demonstrates unusual circumstances or undue hardship.
(ji) The planning and zoning board and city council shall have no authority to consider
a proposed site plan unless:
(1) The applicant has adequately and completely addressed all items on the site
plan checklist prepared by the building official; and
(2) The applicant has otherwise complied with all matters contemplated under
this section.
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council the city clerk IV oard'ssccreLmq shall send to the applicant,
by certified mail, return receipt requested, written notice of the action taken and the right to
judicial review
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City of Cape Canaveral
Ordinance No. 03 -2005
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council hcaring.
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pnn,edures-and i ..mcdhs-set forth-iirthis section havc bcen cxhausted.
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. 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 5thda of April,
2005 ti a�v Er Y� 0C-
6
ROCKY RANDkLS, Mayor
ATTEST: For Against
Bob Hoog Second
Jim Morgan Absent
Rocky Randels X
SU ST LLS, City Clerk Buzz Petsos Motion
Steve Miller X
City P of Cape Canaveral
Ordinance No. 03-2005
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First Reading: March 15, 2005
Legal Ad published: March 25, 2005
Second Reading: April 5, 2005
Approv Ta to legal form and sufficiency for
the C' o ape Canaveral only:
ANTHON A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 03 -2005
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