HomeMy WebLinkAboutOrdinance No. 11-2005ORDINANCE NO, 11-2005
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CODE OF ORDINANCES; PROVIDING FOR REVISED AND
ADDITIONAL APPLICATION AND P
REQUIREMENTS FOR REZONINGS, VARIANCES,
SPECIAL EXCEPTIONS, AND ADMINISTRATIVE
APPEALS; MAKING CONFORMING AMENDMENTS TO
CHAPTER58, PLANNING; PROVIDING FORT E .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 cx Pressly prohibited by
law; and
WHEREAS, Chapter 163, Florida Statutes, requires the City of Cape Canaveral to adopt,
amend, and enforce land development regulations that are consistent with and implement its adopted
comprehensive plan; and
WHEREAS, the City Council and Planning and Zoning Board, as part of a comprehensive
review of the City's Code of Ordinances, has reviewed Chapter 110, Zoning, and determined that
significant revisions are required to simplify and streamline the requirements and procedures relevant
to land use decisions; and
WHEREAS, the City has the police power to establish comprehensive zoning districts and
regulations in order to preserve and protect the public welfare. Euclid v. Ambler Realty Co., 272
U.S. 365 (1926); and
W HEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Or dinance 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:
sectl*on Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative fin9 d ins and the intent and purpose of the City Council of the City of Cape
Canaveral.
Sectl'on Code Amendment. Chapters 58 and 110 of the Code of Ordinances, City of Cape
City of Cape Canaveral
Ordinance No. 11 -2005
Page 1 of 27
Canaveral,, Florida, are hereby amended as follows (underlined type indicates additions and �t
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapters 58 and 110. It is intended that the text in Chapters 58 and 110 denoted by the
asterisks and set forth in this Ordinance shall remain unchanged from the language exist ing prior to
adoption of this Ordinance):
CHAPTER 58. PLANNING
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City of Cape Canaveral
Ordinance No. 11 -2005
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Secs. 58- 326-- 58 -55. Reserved.
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CHAPTER 110. ZONING
ARTICLE I. IN GENERAL
Sec. 110 -2. Board of Adjustment.
(a) Aboard of adjustment is established and shall consist of five (5) members.
fb)M The board of adjustment shall have the powers and duties to consider the aDDroval
of ai) for special exceptions, variances, and administrative appeals under this a-
Chapter.
(C) The board of adjustment shall not incur anAv debts or enter into any contracts or
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obliEations which would be enforceable against the city. unless prior aDr)roval has been
obtained from the city council.
Sec. 110 - 3. Planning and Zoning Board.
(a) The Dlanmniz and zoning board is established and shall consist of five (5) members.
City of Cape Canaveral
Ordinance No. 11--2005
Page 3 of 27
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Secs. 58- 326-- 58 -55. Reserved.
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CHAPTER 110. ZONING
ARTICLE I. IN GENERAL
Sec. 110 -2. Board of Adjustment.
(a) Aboard of adjustment is established and shall consist of five (5) members.
fb)M The board of adjustment shall have the powers and duties to consider the aDDroval
of ai) for special exceptions, variances, and administrative appeals under this a-
Chapter.
(C) The board of adjustment shall not incur anAv debts or enter into any contracts or
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obliEations which would be enforceable against the city. unless prior aDr)roval has been
obtained from the city council.
Sec. 110 - 3. Planning and Zoning Board.
(a) The Dlanmniz and zoning board is established and shall consist of five (5) members.
City of Cape Canaveral
Ordinance No. 11--2005
Page 3 of 27
The planning and zoning b y in an advisory capacity to
oard shall operate exclusivel
the city council and the board of adjustment for variances and sT)ecial exceptions, and no
ruling, decision or recommendation of the board shall be b on the council.
(C) The board shall Pe rform such duties as are conferred on it bv and this Code and the
city council and shall, from time to time, make studies on planning and zoning matters
affecting the health, welfare, safety and morals of the Deo of the ci*tX
(d) No problem or situation relating to zoning shall be submitted to the ci*tv council prior
the to being submitted to and acted upon by , and zoni board. Such problems or
situations relative to zoning shall include but not be limited to the following
Changes in zone classification.
(2) Changes in zonn district boundaries and zoning maps. awftw�
OWEEMMEMME0
Review and revision of zoning sections.
( 4) Recommendation concerning a master and periodic review thereof.
(e) vlanning and The , zoning board shall make recommendations to the board of
adjustment concerning special exctions � and variances in accordance with this chapter. - MMM
(f) The board secretary shall, after each meetin of the planning and zoninRboard, - MM
transmit a copy of the board's minutes to each member of the cit"V council, the city clerk and -- - the city attorney. Such minutes shall include the board's recommendationsonanv matter
coming before it, includinza short statement setting forth the facts up-on which the board's
recommendations were based as well as the board's reasons for the recommendation.
iz) The planning and zoning board shall not incur anv debts or enter into any contracts
or obligations which would be enforceable against the city, unless prior approval has been
obtained from the city council.
ARTICLE II. PRO CEDURE: LAND USE DECISIONS " d"N A " T% d�t 17 JL T4k TV T C1 r1rA Arlmn, XTrV
DIVISION 1. GENERALLY
Sec. 110 -26. £stab Intent and Purpose.
The intent and P U ose of this article is to set forth the procedure and requirements for
an p1Yin� for v ariances, S pecial exe c ptions, reoninc�s z and adml*nistrative appealforth i thi*s s, as set n MEEMP
article P'l f) V al k I CU L U 3 U I I UL A "I S C ;.5st a-... b n7S1 LQU, win%wn za mi i tou ustst U f I rVt7-=1 FMdl 1�b %W1 a 6
City of Cape Canaveral
Ordinance No. 11--2005
Page 4 of 27
Sec. 110 -27. Authority. -- -
(a) Unless otherwise provided in this chapter, the city council shall render all final
decisions recardin2 rezoninas and the board of adjustment shall render all final decisions
r v special exceptions and administrative appeals.
(b) The respective board renderiniz final decisions may impose reasonable conditions and
s afeguards on any approved rezoning, vaziance, special exception or administrative appeal
to the extent deemed necessary and relevant to ensure co mpliance with applicable cn'ten"a and
other applicable provisions of the city code and comprehensive plan. Such conditions and
safeguards, when made part of the terms under which the rezoning, variance, special
exception, or administrative appeal is zranted, have the same force and effect as any other
provision of this Code, and violation of same shall be deemed to be a violation of this Code
and punishable by this Code.
(c) All formal decisions shall be based on competent substantial evidence and the
AM licable criteria set forth in this article.
(d) The city council mqy adopt, by jesoluti"on rules and procedures to
implement this chapter. Mmwmwwft�
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j� All final decisions rendered under this Chapter must be consistent with the City's
Comprehensive Plan.
�f All final permits issued under this chapter may be teml)OT&Mniv suspended or
absolutely revokcd aiority vote of the board that rendered the final decision if the board
later determines at a public heannR that either:
L 1,� the avplicant has obtained the final permit upon false s fraud, deceit,
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misleading o statements, or suppression of material facts.; --
(2) the applicant has committed substantial violations of the terms and conditions
o a ny final permit; or
(3.1 the applicant has used any final permit to knowinE:1Y allow illegal activities
to be conducted on the property which is subject to said permit.
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Ordinance No. 11 -2005
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S 1 .Due process; special notice requirements.
(a) All applicants shall be afforded minimal due process as required by law, including
the n Crht to receive notice, be heard, present evidence. cross - examine witnesses. and be
represented bra duly authorized representative.
(b) In addition to anvnotice req provided by state law, all public hearings under --
this article shall be publicly noticed for at least ten (10) calendar davS prior to the date of the
hearinig.r., Said notice shall include the address of the subject property, matter to be considered
and the time, date and place of the hearing. The notice shall be posted 1"n the following
manner:
Posting the affected property
(2)� Posti n at � city hall,,
(3)1W Notifying, bv certified mail, all owners of realproperty (i'ncludin&
homeowner's and condominium associations) to and within
five hundred (5001 feet of the subLect property.
(4), Noti*fvinz, biv certified mail. the owner(s) of the subject property for
which the application is being m ade.
The notice requirements set forth in subsections (1) (2), and (3) above are hereby deemed to be
COUTtesy notices. The failure to provide such c ourtesy notices shall not be a basis of appealing an y
decision made under this chapter.
(C) When an Yp�osed zoning: district boundary change, variance, or special exception
lies within 500 feet of the, boundarv anv vrovertv under another government's jurisdiction.
Go notice shall be forwarded to the zoveming of the appropriate government authority i
order to afford such body an oj2Dortunitv to appear at the hearing and express its opinion on
the effect of said proposed district boundary change. variance or special exception.
Sec. 110 - 29. . A��lications.
The city mangger or the city manager's desmiee is hereby authorized to prepare applications
in furtherance of this chapter. At a minimum, all applications for rezonin�s, variances, special
exceptions, and administrative appeals shall be accompanied by the applicable application fee
adopted by the city council and shall contain the following, information:
fa A ,eneral description of the relief sought under this chapter.
City of Cape Canaveral
Ordinance No., 11 -2005
Page 6 of 27
X2 A brief explanation as to whIvthe �!Rpli satisfies the relevant criteria set
forth in this article.
(3) � The name(s) of the owners) of the particular real property.,
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If the ainDlicant is other than all of the owners of the P. articular proIP eftqv,
written consent signed bv all owners of the particular real nroDertv shall be attached.
(5) The lecral description of the particular real Drovertv, accompanied by a
certified s ' ury ev or that port ion o f the map maintained bathe B rev ard County Property
Appraiser reflecting the boundaries of the real Dro Perty_
( 6) The current and future land use and the zoning designations on the real
p
(.7). Certified survey or scaled sketch drawing deinctng the property boundaries
and all structures thereon,.
(8), For r variances, and special exceptions, applicants shall provide to
the city. at least 30 days i*n advance of the 0 p lannng and zoning board meeting„ the
names and addresses of all affected property owners. For the Purpose of this
requirement, an affected property owner or owners shall mean any proQerty owner
EMEMEMEPOMbEft or agent of record owninvpropert� which lies within a adius of 500 feet from any
boundarvofthe property for which the apklication is sought, as reflected in the survey
or that portion of the map maintained by the Brevard County vroDertv tax gpDraiser
reflecting the boundaries of t affected.
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City of Cape Canaveral
Ordinance No. I1 -2005
Page 7 of 27
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Sec. 110 -30. hrde Staff
(a) The city staff shall be required to review all applications for rezonings. variances,
Special exceptions and administrative appeals and make written recommendations to the
aT)iDlicable city b
(b) Uipon completion of the written recommendation, city staff shall forwardthe
Dlicatil'on along with the to either the lolanning and zoning board or the
board ofAja*ustment, as required bv this article a duly noticed public hearing.
Sec. 110 -31. .Reconsideration of rezoninQS,
variances, special exceptions or administrative appeals.
When a Detition for rezoning variance special exception or admin1*strative has been
acted on bv the city council or board of adjustment and was disapproved or failed tO pass, such
petition in the same or substantially si'mi'lar form shall not be reconsidered bythe city council or
board of adjustment for a period of two (2) years. This section shall not Qply the property owner
if the onginal request was an administrative application initiated b any official, department, board
or agency of the city actin in anv official capacity. This section shall not apply to any initial petition
or petition for reconsideration filed bv the city council.
WMEMO
City of Cape Canaveral
Ordinance No. 11 -2005
Page 8 of 27
Sec. 110 -32. DEA.13.1unr. Expiration of variance or special exception: abandonment.
(a) Any variance or special exc�tion approved bv the board of adjustment pursuant to
this article shall exl)lre 12 months after the effective date of such approval unless a building
permit based upon and into orating the variance or special expiration is issued bv the city
- 04 within said time Denod. Upon written request of the property owner, the board of adiustment
may extend the expiration date, without public heannR,b�an additional 12 -month veriod,
provided the property owner demonstrates good cause for the extension. Such request shall
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be submitted to the board of adjustment prior to expiration of the first 12a-month period.
In addition, if the aforementioned building permit is timeliv issued, and the buildinR--p it
subsequently expires and the subject development project is abandoned or discontinued for
a period of six Months,the variance or special exception shall be deemed expired and null
and void.
(b)M Thereafter., a variance or special exception shall expire and become null and void if
the use granted thereunder is abandoned or otherwise ceases to exist for a period of 18
consecutive months. As used herein., abandoned shall mean that the applicant has gone out
of business, let all business licenses lapse or has otherwise changed the of the pTO erty
in conformance with this Code. Once a variance or sDecial exception has lapsed due to
abandonment., the applicant must resubmit its request for variance or special exception
pursuant to this article
EMONW-MOMMEMMO
City of Cape Canaveral
Ordinance No. 11 -2005
Page 9 of 27
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City of Cape Canaveral
Ordinance No. 11 -2005
Page 9 of 27
Sec. 110 -33. , mom oft
CP uvu U Jk Val lisju LC.
Appellate review.
Any party aiz!zu'eved by any final decision of the city council or board of ad
. justment made
under this chapter shall have the right to file an r nate action in a court of competent
jurisdiction.
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DIVISION 2. REZONINGS
Sec. I 10 -34. Rezoning applicant
obligations.
� Any
ofthe following may fill e an application for rezoning rea uest in g that the sections,
restrictions and boundaries set forth in this chapter be amended, supplemented, changed or
eDealed:
(1) 1 Any person or entity.
(2), The city council.
(31 The planni"nia and zoninizboard. I=
,(4 The city manager.
(b) Rezoning applications shall be submitted at least 30 days prior to the planning and
zoning board meeting at which P-MlicatiOT1 such
is to be considered.
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City of Cape Canaveral
Ordinance No. 11.-2005
Page 10 of 27
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Sec. 110 . Procedure.
(a) The i)Ianninv�and zoning board shall be required to review all rezoning applications
and make a written recommendation to the city council. Such recommendation shall include
the reasons for the b oard's recommendation and show the board has considered the
0 applicable rezoninE� criteria set forth in this section.
(b), Upon receipt of the i)Iannine and zoning boardss ' recommendation, the ci ty council
shall make a final decision on the application. Iftheci*ty DlMning
council determines that the
and zoni"na board has not made a recommendation on an lication within a reasonable
period of the city council may, at its discretion, consider an application without the
planniong and zoning board's recommendation.
LCI All rezoning applications shall be reviewed for compliance with the following
standards:
The p M( ro sed rezoning change is io n c12 mliance with all procedural
requirements established bIv the city code and law: 3
(2) The proposed rezoning change i*s consistent with the city's comprehensive
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plan includine, but not limited to, the Future Land Use Map and the proposed chance .. -
would not have an effect on the comprehensive plan;
(3)iiiiiiiiiiii� The proposed rezonin-i� c han�e is consi stent with any m applicable
to the. Two 12erty: - ---
(4)iiiiiiiiiiiii� The i p roposed rezonng change is not contrary to the land use pattern
City of Cape Canaveral
Ordinance No. 114--2005
Page 11 of 27
established by the city's comprehensive ii),lan ;
(5), The proposed rezoning change would not create a spot zone prohibited bv law,
(6) The proposed rezoning change would not materially alter the population
densi't attem 1"n a manner that would overtax the load on public facilities and
services such as schools utilities, streets, and other municipal services and
infrastructure;
C71 The proposed rezonins would not result in ex i*stin Pr zonin a district boundaries
that are illogically drawn in relation to exi"stinia conditions on e th T)roperty and the
Surroundi - area and the land use pattern established b y city's comprehensive
p13ri;
(8 Chanced or chanp-a"na conditions make the proposed rezoning necessal
9 The proQosed rezoning changewillnoserous� t il reduce li Rht or air to adjacent
areas;
( 10) Should the city be presented with competent substantial evidence indicating
that pro values will be adverseliv affected bv the proposed rezoning, the
at must demonstrate that the proposed rezoniniz-chan�;e will not adversely
affect property values in the surroundinR area
11 The proposed rezoniII2 will not be a substantial detriment to the future
improvement or development of vacant adjacent property;
(12) The proposed rezoning will not constitute a grant of special privilege to an
individual owner as contrasted with the public welfare;
( 13) The �rovosed rezoni"
ng change is not out of scale or 1*nCOmpatible with the
needs of the neighborhood or the city;
(14) The proposed rezoning does not violate any applicable land use regulations
adopted bv the city.
,(d) In ui)rovinz a change in the zoning classification on a lot or parcel of land, at the
request of or with the concurrence of the owner(s) of said lot or parcel, the city council may
approve a rezoning subiect to restrictions provided such restrictions do not confer anv special --- T)nvile,Q�epon the owner(s) or subiect�roperty that would otherwise be denied bv the city's
land development regulations in the same zoning district. Such restrictions may include one
or more of the following:
City of Cape Canaveral
Ordinance No. 11 -2005
Page 12 of 27
Use restrictions greater than those otherwise S pecified for that particular
district;
(2) Density restrictions areater fie than those otherwise pecid for the Varticular
district;
3 Setbacks greater than those otherwise ST)ecified for the particular district
includi*n setbacks from lakes and major arterial roadways;
(4) H eight limits more restrictive than othrewise permitted in the district;
Minimum lot areas or minimum widths greater than otherwise, specified for
the particular district;
(6) Minimum floor area greater than otherwise specified for structures in the
particular district,
(7) Qp space requirements greater than otherwise specified for structures in the
j2articular district:
Parking, loading driveway or traffic requirements more restrictivethan
otherwise required for the,particular district;
(9) Fencing or screenin2 requirements greater than otherwise requi for the
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particular distri ct;
( 10) Restrictions on any other matters which the city council is authorized to
regulate.
Upon approval of such restrictive rezomnas. the city shall enter a reference to the restrictions
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on the city's official zoning map, and a notice of zoning restrictions shall he recorded 1*n the public
records of Brevard County. Restrictions shall run with the land, without regard to transfer of
ownership or o and may be removed gnlilvupon further amendment to the zoning
clas,sl*fication of thesubi ect property in accordance with the procedures prescribed herein
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City of Cape Canaveral
Ordinance No. 11 -2005
Page 13 of 27
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City of Cape Canaveral
Ordinance No. 11 -2005
Page 13 of 27
DIVISION 3. VARIANCES
Sec. 110a=36. Rr,�vrmvxed Variance a.2RIneanto bligations.
(a) of the following may file a variance application requesting variance from this MMMMMMW�
chapter for their real property:
(1), The owner(s) of the property described in the application.
(2) Tenants, with the owner's sworn consent.
3 L Duly authorized agents ofthe owners oft he property evidenced b1v a written PWMMMMP�
dower of attorney
(4) The city council.
(5) The Planning and z onin2 board.
(6,) The cit manager.
(b) Variance at)plications shall be submitted at least 34 days prior to the planning and MEMMEMEMEM
zoning board meeting at which such application i's to be considered.
Sec. 110 -37. Res �*ed-. Procedure.
(a) The DlgRpng i L and zoning board shall be required to review all variance applications
and make a written recommendation to the board of adiustment. Such recommendation shall
include the reasons for the board's r ecommen d ation and show the board has considered the
applicable variance criteria set forth in this section.
(b) U pon receipt of the planning and zoning board's recommendation, the board of
adjustment shall make a final decision on the application.
(c,).
All variance recommendations and final decisions shall be based on an affirmative
MEMEMEME.01b"
finding as to each of the following criterion:
(1,) That special conditions and circumstances exist which are peculiar to the lan d,
structure or building, involved and which are not applicable to other lands. buildings
or structures in the same zoning distnet.
(2) That literal interpretation of this woul d derive the appl of rights
City of Cape Canaveral
Ordinance No. 11 -2005
Page 14 of 27
commonly enioved bv other properties in the same zoning district under the terms of
this chapter and would work unnecessary and undue hardshiD on the gpDlicant.
(31 That the special conditions and circumstances referred to in subsection (e)(1)
of this section do not result from the actions of the an
DIicant.
(4) That approval of the variance requested will not confer on the aDD11"cant
special privilege that is denied bby this chapter to other lands, bul"Idinas , or
in the same zoning district.
, That the requested variance is the minimum vari
(5) ance from this chaster
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necessary to make possible the reason of land, building or structure.
(6) That approval of the variance will be in harmony with the general intent and
purpose of this chapter, and will not be injurious to the neighborhood or otherwise
detrimental to the public welfare.
Under no circumstances shall the board of adjustment tav gra n ariance to permit a use
not izenerallv or b �pecial exception permitted in the district involved ar anv use expressly
orb implication prohibited by this chapter.
DIVISION 4. SPECIAL EXCEPTIONS
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Section I 10 -38. �eser�ed� S pecial exception avioDlicant obligations.
(a) Anv of the following; may file a special exception application requesting a special
exception from this chapter for their real property:
The owner(s) of the rovertv described in the application.
X2,2 Tenants., with the owner's sworn consent.
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(3) DUIV authorized agents of the owners) of the P ro perty evidenced bya written en
power of attorney.
(4) The city council.
(5) The Dlannili)z zoni"nz board.
(6) The city manazer-
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Special exception applications shall be submitted at least 30 days prior to the
p lanning and zoning board meeting at which such application is to be considered.
City of Cape Canaveral
Ordinance No. 11-w2005
Page 15 of 27
(C) In addition to the application requirements set forth in this article, sT)ecial exception
applications shall indicate the section of this code under which the special exception is
s and state the grounds upon which the special exception is sought.
Sec. 110 -39. �ed: Procedure.
a) The jplanmng and zoning board shall be required to review all special exception
applications and make a written recommendation to the board of adiustment. Such
recomm shall include the reasons for the board's recommendation and show the
board has considered the applicable special exception criteria set forth in this section.
(b) Upon receipt of the r)ianniniz and zoning board's recommendation, the board of
adjustment shall make a final decision on the application. If the board of adjustment
determines that the planning and zoning board has not made a recommendation on an
aDDIication within a reasonable period of time, the board of adjustment mav, at its discretion,
consider an application without the olanning and zoning., board's recommendation.
(C) All special exception recommendations and final decisions shall be based on the
following criteria to the extent applicable:
Whether the applicant has demonstrated the special exception, includi*ngl"ts
proposed scale and intensity, traffic - generating offsite iMpacts. characteristics, and
is compatible and harmonious with adjacent land uses, and will not adversely
impact land use activities in the immediate vicinii3L
(2) Whether the applicant has demonstrated the size and shape of the site, the
proposed access and internal circulation,,, and the design enhancements to be adequate
to accommodate the Drop scale and intensity of the special exception requested.
The site shall be of sufficient size to accommmmodate e d sign amenities such as
screening, buffers, landscaDinc�,, oDen space, off - street narking, and other similar site
plan improvemens n
teeded to mitigate aiz impacts ainst potential adverse of the
provosed special exception.
(3) Whether the proposed special exception will have an adverse impact on the
local economy, includinggoveimental fiscal impact, employment, and property
values'.
(4) Whether the proposed special exception will have an adverse impact on the
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natural envi air, water.,, noise pollution, vegetation and wildlife,
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open space, noxious and desirable vegetation, and flood hazards.
(5)MINEW Whether the DrODosed special exce�,tion will have an adverse impact on
City of Cape Canaveral
Ordinance N 11 -2005
Page 16 of 27
historic, scenic, and cultural resources views and vistas, and loss or
degadaft'on cultural and historic resources.
(6)w Whetherthe rODOSedapeCialexception will have an adverse impact on public
services., including watersewer, surf-lace water management, police, fire, parks and
recreation, streets, public transportation, marina and watemrays, and bicycle and
pedestrian facilities.
(7) Whether the proposed special exception will have an adverse impact on wwompow—mmo housing and social conditions, including variety of housing unit types and i3rices• '- "
qFqEFEEM0ftEq and neighborhood quality..
DIVISION 5. ADMINISTRATIVE APPEALS
Sec. 110 - 40. RiCaUl VC% 47 Administrative avveals.
(a). AM final administrative decision regarding the enforcement or interpretation of t his
chapter, where i*t iOs alleged there is an error by an administrative official, can be appealed as
set forth i this s AM of the following mav seek review of an administrative decision
pursuant to this section:
(1� City council;
( 2 ) Planning and zoning board;
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( 3)� An y R aggrieved or affected biv any decision of the building official in
the interpretation of an y portion of this chapter. .
(b) Appeals shall be taken within thirty (30) days after such administrative decision is
made by filing a written notice of appeal with the building official and the board of
ad }name ustment stating the of the decision maker, date of the decision, applicable code
irovisions and the specific grounds for appeal. Upon receipt of the notice of gpiDeal the
building official schedule the appeal before the board of adjustment and transmit all
documents, plans, papers or other materials consti*tutinR the record on which the action
appealed from was taken.
(C) The board of adjustment shall be required to review all administrative appeals and
prepare written findings constituting its final decision on the administrative appeal based on
the criteria set forth i this section.
Review of administrative decisions shall be based on the following criteria:
�. Whether the applicant was T)ranerllv afforded procedural due process;
City of Cape Canaveral
Ordinance No. 11 -2005
Page 17 of 27
(2 Whether the decision under review is supported bIv competent, substantial
evidence and
(3) Whether the decision under review coMT)lied NNrith g=licable law, including
a proper interpretation of any provision under this chapter.
e An administrative appeal filed pursuant to this section stays all proceedings in
furtherance of the action appealed from, unless the building official from whom the appeal
is taken certifies in writing to the board of adjustment after the notice of appeal is filed that,
because of facts stated in the certificate, a stavwouldlInthe building official's ouinion, cause
imminent peril to life and property. In such case where the building official makes such
C ertification, proceedings shall not be staved other than by an injunction, which may be
Granted bv the board of adjustment or issued by a court of competent iunsdiction.
f� The board of adjustment shall have the right to reverse or affirm, wholIv or in prt
or may modify the order,, decision or determination as ought to be made, and
to that end.. shall have all the powers of the officers from whom the appeal is taken. The
concumn2 vote of four (4) members of the board of adjustment shall be necessary to reverse PE-EMEMEMEEMPft 4' " any order, requirement, decision or determination of the building official.
Secs. 110 -41 -- 110 -45. Reserved.
Sec. 110 -46. , .Reserved.
City of Cape Canaveral
Ordinance No. 11 -2005
Page 18 of 27
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Sec. 110 -47. .Reserved.
City of Cape Canaveral
Ordinance No. 11 -2005
Page 19 of 27
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City of Cape Canaveral
Ordinance No. 11 -2005
Page 19 of 27
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Sec. 110 on: Reserved.
City of Cape Canaveral
Ordinance No. 11 -2005
Page 20 of 27
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Sec. 110 on: Reserved.
City of Cape Canaveral
Ordinance No. 11 -2005
Page 20 of 27
Secs. 110 -49 -- 110 -60. Reserved.
Sec. 110-61119 Reserved.
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Sec. 110-61119 Reserved.
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City of Cape Canaveral
Ordinance No. 11 -2005
Page 21 of 27
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City of Cape Canaveral
Ordinance No. 11 -2005
Page 21 of 27
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City of Cape Canaveral
Ordinance No. 11 -.2005
Page 22 of 27
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Secs. 110 -63 -- 110 -85. Reserved.
ARTICLE III. ADMINISTRATION AND ENFORCEMENT
Sec. I 10 -136. �atkm Reserved.
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Sec. 110 -137. e: Reserved.
City of Cape Canaveral
Ordinance No. 11--2005
Page 23 of 27
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Secs. 110 -63 -- 110 -85. Reserved.
ARTICLE III. ADMINISTRATION AND ENFORCEMENT
Sec. I 10 -136. �atkm Reserved.
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Sec. 110 -137. e: Reserved.
City of Cape Canaveral
Ordinance No. 11--2005
Page 23 of 27
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City of Cape Canaveral
Ordinance No. 11 -2005
Page 24 of 27
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City of Cape Canaveral
Ordinance No. 11 -2005
Page 24 of 27
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S ec. I 10 -139. g -V3; R eserved.
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City of Cape Canaveral
Ordinance No. 11 -2005
Page 25 of 27
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S ec. I 10 -139. g -V3; R eserved.
wwwowwwal
City of Cape Canaveral
Ordinance No. 11 -2005
Page 25 of 27
Secs. 1 Reserved.
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 t
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. Gramm atical, tylographical, and like
errors maybe corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code maybe freely made.
Section 5. Severabill'ty. 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 Capp, Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21 stday of
June , 2005.
{Signature page follows}
City of Cape Canaveral
Ordinance No. 11 -2005
Page 26 of 27
• I 'Me 16
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Secs. 1 Reserved.
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 t
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. Gramm atical, tylographical, and like
errors maybe corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code maybe freely made.
Section 5. Severabill'ty. 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 Capp, Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21 stday of
June , 2005.
{Signature page follows}
City of Cape Canaveral
Ordinance No. 11 -2005
Page 26 of 27
ROCKY)aDELS,Mayor
ATTEST: For Against
Burt Bruns Absent
Bob Hoog X
Jim Morgan Second
��► l�� Rocky Randels _X_
SUS STILLS, City Clerk Buzz Petsos Motion
First Reading: 06-07-05
Legal Ad published: 06-11-05
Second Reading: 06-21-05
Approve, to legal form and sufficiency for
the Ciy of C:pe Canaveral only:
C L7 r
THONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 11-2005
Page 27 of 27