HomeMy WebLinkAboutOrdinance No. 16-2005ORDINANCE NO. 16m=2005
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ARTICLE VII,
SECTION 110-534" OF THE CODE OF ORDINANCES
RELATING TO SPECIAL EXCEPTIONS IN T E M -1 LIGHT
INDUSTRIAL AND RESEARCH AND DEVELOPMENT
DISTRICT; PROVIDING FOR SPECIAL EXCEPTION
CRITERIA FOR CONVEYOR SYSTEMS; AMENDING
ARTICLE IX, SECTION 110 -538, OF THE CODE OF
ORDINANCES RELATING TO ENCROACHMENTS@
ALLOWING CONVEYOR BELTS WITHIN SETBACKS IN
THE M -1 LIGHT INDUSTRIAL AND RESEARCH AND
DEVELOPMENT
IN BY SPECIAL EXCEPTION;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES
AND 9 SOLUTIONS INCORPORATION
INTO THE CODE; E VERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City is ed rant 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 Canaveral Port Authority is a major port on the eastern seaboard and
borders the City of Cape Canaveral; and
WHEREAS, various materials and aggregate shipped to the Canaveral Port Authority must
be transported to the City of Cape Canaveral M -1 Light Industrial and Research and Development
District; and
WHEREAS, transporting the materials and aggregate through the use of conveyor belts may
reduce the need for heavy trucking vehicles within the City and thereby reduce the burden on City
roads; and
RE AS, the City desi VVHE res to allow conveyor belts within setbacks by special exception
in the M -1 Light Industrial and Research and Development District only; and
WHEREAS, the City Council of the City'of Cape Canaveral, Florida, hereby finds this
In 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 fo llows:
City of Cape Canaveral
Ordinance No. 16-w2005
Page 1 of 4
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, i s hereby amended as follows (underlined type indicates additions and stl J*. 1 116Aeatrt
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
0
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
CHAPTER 110. ZONING
ARTICLE VII. DISTRICTS
DIVISION 6. M -1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT
i - & 1 i - 9 -1 - --
l-03- -1-14ko - 01-1
Sec. 110 -354. Special exceptions permissible by board of adjustment.
(c) Special exceptions maybe granted for the following:
(16 Conveyor systems for purposes of movi*nR aggegate and other materials,
subject to the following
a Convelvor systems must be connected and adj* ac ent to Port Canaveral.
b. Convevors ems crossing the setback must be constructed in a north-
south direction, perpendicular to Port Canaveral.
ce Conveyor systems must be completely enclosed where located within
a setback.
d. Conveyor systems shall not exceed 30 feet in height, where located
City of Cape Canaveral
Ordinance No. 16 -2005
Page 2 of 4
within a s
e. Conveyor systems i*n the setbacks shall not b e located within 750 feet from
any other existing or approved conveyors stem(s). This measurement shall
be drawn as a straight line connecting the conveyors std
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 5. SETBACKS
Sec. 110 -538. Encroachments.
Every part of every required setback shall be open and unobstructed from the ground to the
sky,, except as follows or as otherwise permitted in this chapter:
(16 Conveyor systems maybe located within setbacks in the M -1 Light Industrial and
Research and D'*evelopment Di"strict bV exception, for purposes of moving a ��re� ate
and other materials.
Section 3. Repeal of Prior Inconsistent Ordinances and R 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 e ffectuate 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 maybe freely made.
Section 5. Severabi'll"ty. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional b y 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
City of Cape Canaveral
Ordinance No. 16 -2005
Page 3 of 4
by the City Council of the City of Cape Canaveral, Flori
da.
ADOPTED by the City Council of the City of Cape Canaveral, FIon da, this
,'2005--,I
Cm aA
i
ATTEST:
L i
First Reading: 9 -20 -OS
Legal Ad published: 9 -24 -OS
Second Reading: 10 -04 -OS
Burt Bruns
Bob Hoog
Jim Morgan
Rocky Ra
Buzz Petsos
Approved legal form and sufficiency for
the City f C Canaveral only:
ANTHONY A. G City Attorney
C: Building Official
Building Department
BOA Board Secretary
City Manager
City Attorney
City of Cape
Ordinance No. 16m-2005
Page 4 of 4
L l I*..
ocamp.
ay of
For Against
X
X
Second
Absent
Motion
ROCKY RANDE S, Mayor