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Home My WebLink AboutOrdinance No. 04-2005FAILED AT FIRST READING, 3/15/2005 REGULAR COUNCIL MEETING ORDINANCE NO. 04-2005 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, TONING, OF THE CITY CODE; PROVIDING A LIMITED EXEMM FOR VEHICLE RENTAL FACILITIES WITH LIMITED OUTDOOR STORAGE; PROVIDING A LIMITED EXEMPTION FOR RENTAL FACILITIES LEASING SCOOTERS AND OTHER LIKE DEVICES FROM CERTAIN VEHICLE RENTAL FACILITY REQUIREMENTS; 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 Council wishes to clarify its intent under Section 110-556 of the City Code by providing exemptions for certain automotive vehicle rental facilities; and WHEREAS, upon its adoption, Section 110 -556 was not intended to restrict the location and operation of vehicle rental facilities primarily leasing scooters and other like devices; and WHEREAS, the City Council believes thatproviding scooters and other like devices forrent will promote tourism and the economic well -being of the City of Cape Canaveral; 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. Seetion 2. Code Amendment. Chapter 110 ofthe Code ofOrdinances, City ofCape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and str*cont type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 1 10. 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 City of Cape Canaveral Ordinance No. 04 -2005 Page 1 of 4 ORDINANCE NO. 04-2005 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CITY CODE; PROVIDING A LIMITED EXEMPTION FOR VEHICLE RENTAL FACILITIES WITH LIMITED OUTDOOR STORAGE; PROVIDING A LIMITED EXEMPTION FOR RENTAL FACILITIES LEASING SCOOTERS AND OTHER LIKE DEVICES FROM CERTAIN VEHICLE RENTAL FACILITY REQUIREMENTS; 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 Council wishes to clarify its intent under Section 110 -556 of the City Code by providing exemptions for certain automotive vehicle rental facilities; and WHEREAS, upon its adoption, Section 110 -556 was not intended to restrict the location and operation of vehicle rental facilities primarily leasing scooters and other like devices; and WHEREAS, the City Council believes that providing scooters and other like devices for rent will promote tourism and the economic well -being of the City of Cape Canaveral; 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 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 City of Cape Canaveral Ordinance No. 04 -2005 Page 1 of 4 Ordinance): CHAPTER 114. ZONING ARTICLE Ix. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 5. VEHICLES AND VESSELS Sec. 114 -555. Vehicle Rental Facility. (a) Definition of vehicle rental facility. Vehicle rental facilities shall be defined as commercial establishments where motor automotive vehicles are kept and maintained for lease, where such vehicles are dropped off or picked up and where customers complete all transactions necessary for the short term lease of such vehicle. This definition shall not include those vehicle rental facilities which limit outdoor storage to five (5) or less motorized scooters or other similar devices, as described in subsection (c) of this section (b) Limitations on vehicle rental facilities. Subsequent to March 4, 2003, , vehicle rental facilities may only be permitted by special exception in C -1 and C -2 zoning districts subject to the general conditions for special exceptions and the following minimum requirements: (1) A vehicle rental facility shall not be located within one -third of a mile from an existing vehicle rental facility, as defined under this section. For the purposes of this subsection, all measurements of distances shall be along a straight line from the closest property boundary of the existing use to the closest property boundary of the proposed use; (2) Minimum lot area for facilities shall be 12,000) square feet; (3) Minimum lot width for facilities shall be 100 feet; (4) That a continuous, densely planted, greenbelt of not less than 15 feet in width, penetrated only at points approved by the Cape Canaveral Planning and Zoning Board, under site plan approval, for ingress and egress to the property, shall be provided along all property lines abutting public rights -of -way or properties zoned residential. Said greenbelt shall be in conformance with the requirements of § § 110- 566 et seq. of the City Code, as may be amended from time to time. Where a wall or fence is to be used as screening, as may be provided within this Code, the greenbelt City of Cape Canaveral Ordinance No. 04 -2005 Page 2 of 4 will be located between the property line and the wall or fence such that greenbelt is adjacent to the bordering property; (5) Outside areas where the motor automotive vehicles are to be displayed or stored shall be paved and striped in accordance with the city's off - street parking regulations; (6) All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street and shall not be placed so as to endanger pedestrian traffic; (7) Servicing or repair of vehicles is prohibited except within a fully enclosed structure; (8) All outdoor paging or speaker systems are expressly prohibited; and (9) The hours of operation for such facility shall be limited to 7:00 a.m. to 9:00 p.m. daily. (c) Vehicle rental facilities which primarily lease the following devices are exempt from the requirements of subsections (b)(1) - (4): (1) Mopeds, as defined in Chapter 316 Florida Statutes (2) Motorized scooters as defined in Chapter 316 Florida Statutes• (3) Electrical personal assistive mobility devices as defined in Chapter 316 Florida Statutes; and ( 4) __ "Ves a" and like scooters. 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 City of Cape Canaveral Ordinance No. 04 -2005 Page 3 of 4 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 day of , 2005. ROCKY RANDELS, Mayor ATTEST For Against Bob H o o g Jim Morgan _— _-- -_— _— _�� — Rocky Randels SUSAN STILLS, C i ty Clerk 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 City of Cape Canaveral Ordinance No. 04 -2005 Page 4 of 4