HomeMy WebLinkAboutOrdinance No. 17-2010ORDINANCE NO. 17 -2010
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110,
ZONING, OF THE CAPE CANAVERAL CODE OF
ORDINANCES TO ADD ASSISTED LIVING FACILITIES AS
A SPECIAL EXCEPTION USE IN THE R -3 MEDIUM
DENSITY RESIDENTIAL DISTRICT AND THE C -1 LOW
DENSITY COMMERCIAL DISTRICT SUBJECT TO
CERTAIN REQUIREMENTS; UPDATING DEFINITIONS;
PROVIDING FOR PARKING REQUIREMENTS; MAKING
CONFORMING AMENDMENTS TO CHAPTER 110;
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 believes the City of Cape Canaveral community and its
citizens would benefit from assisted living facilities and that assisted living facilities provide
important and beneficial services; and
WHEREAS, the City Council desires to amend the City Code to permit assisted living
facilities by special exception in certain zoning districts as set forth herein; 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 Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of
text existing in Chapter 110. It is intended that the text in Chapterl 10 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
City of Cape Canaveral
Ordinance No. 17 -2010
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this Ordinance):
CHAPTER 110. ZONING
ARTICLE I. IN GENERAL
See. 110 -1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Assisted living facility shall mean any building or buildings, section or distinct part of a
building. home, boarding home, home for the aged, or other residential facility, whether
operated for profit or not, which undertakes through its ownership or management to provide
housing meals, and one (1) or more personal services for a period exceeding 24 hours to one (1) or
more adults who are not relatives of the owner or administrator. For R umoses of calculating densit
2.5 assisted Iivin facility acility beds shall be equivalent to one (1) dwelling unit.
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ARTICLE VII. DISTRICTS
DIVISION 2. R -1 LOW DENSITY RESIDENTIAL DISTRICT
See. 110 -274. Special exceptions permissible by board of adjustment.
In the R -1 low density residential district, the following special exceptions shall be permitted
by the board of adjustment:
(1) Public and semipublic parks, playgrounds, playfields, and recreation facilities
adult congregate fiving f�rcifities.
City of Cape Canaveral
Ordinance No. 17 -2010
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DIVISION 4. R -3 MEDIUM DENSITY RESIDENTIAL DISTRICT
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See. 110-314. Special exceptions permissible by board of adjustment.
In the R -3 medium density residential district, special exceptions permissible by the board
of adjustment shall be as follows:
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Assisted living facilities, subject to the requirements of section 110 -488.
DIVISION 5. C -1 LOW DENSITY COMMERCIAL DISTRICT
Sec. 110 -334. Special exceptions permissible by board of adjustment.
(c) Special exceptions may be permitted for the following:
Assisted living facilities, subject to the requirements of section 110 -488.
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1. GENERALLY
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Sec. 110 -488. Assisted Living Facilities. Reserved:
Assisted living facilities may only be permitted by special exception in the R -3 and C -1
zoning districts subject to the general conditions for special exceptions and the following minimum
requirements:
(a) Front, side and rear setbacks shall be a minimum of 25 feet; setbacks from adjacent
City of Cape Canaveral
Ordinance No. 17 -2010
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residential lot lines shall be a minimum of 50 feet.
Minimum lot area shall be five (5) acres.
(c) Each assisted living facilit unit shall contain minimum living area of 400 square feet
for sin de e bed units and 700 square feet for double bed units.
Loading docks and dumpster areas shall conform to the following_
M Loading docks and dum ster areas shall be directed away from an residential
development adjacent to the assisted living facilit�r.
Dumpsters shall be visually screened from public view from an adjacenfi
public right -of -way or residential development b,T� fully enclosed screening that is a
minimum of six (6) feet in height, measured above finished rg ade.
M Each enclosure shall include a decorative opaque gate that is a minimum of
six 6 feet in hei ht measured above finished ade.
(4) Each dumpster enclosure shall be constructed as one (1) of the following;
A masonry wall at a minimum of six (6) feet in height, measured from
finished grade. The masonry wall shall be decoratively finished concrete
masonry unit, brick, stucco, pre -cast panels, split -face block or other material
matching the exterior of the principal building.
,(B) A combination of fencing and landscape buffer. Fencing shall be
fabricated from aluminum, wrought iron, vinyl, brick, or other approved
materials. The landscape buffer shall be a minimum of five (5) feet in width,
a minimum of three (3) feet in height. fifty percent (50 %) opaque at planting
and capable of attaining a height of six 6 feet and seventy-five ercent
(75 %) opaqueness within 24 months.
The dumpster shall be located so as to facilitate pickup by solid waste
collection agencies.
f The dumpster enclosure shall not be placed in drainage flow areas.
Adequate reinforced paved areas shall be provided for the dumpster and their
approaches for loading and unloading.
No part of a dumpster or materials stored within the screen area shall extend
above the dumpster enclosure.
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Ordinance No. 17 -2010
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Chain link painted or unpainted block walls barbed wire and wood are
prohibited as part of a dumpster enclosure.
Secs. if 0-488. 110-489. —110 -490. Reserved.
DIVISION 2.OFFSTREET PARKING
Section 110 -491. Number of spaces required.
There shall be provided at the time of the erection or change of use of any main building or
structure or at the time any main building or structure is enlarged or increased in capacity, by adding
dwelling units, guestrooms, floor area or seats, minimum offstreet automobile parking space with
adequate provisions for ingress or egress in accordance with the following:
x x x
(14) Assisted living facilities. One 1 space for each eml2loyce on the lar est workin
shift plus two (2) spaces for every three (3) units.
All other uses. To be determined by the building official, who shall use the ratios
established in this section as a standard for determining the requirements.
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.
City of Cape Canaveral
Ordinance No. 17 -2010
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 1 da of
November, 2010. � O a (a
ROCKY RANIbELS, Mayor
41`
ATTEST:
'
For Against
,
Bob Hoog
%
ANG LA APPERS , Ck Clerk
Jim Morgan
x
I i
Buzz Petsos
M otion
�f!
Rocky Randels
g
Betty Walsh
S econd
s
First Legal Ad Pu61i'shed :' October 27, 2010
First Reading: ` 'November 4, 2010
Second Legal Ad Published: November 9, 2010
Second Reading: November 16, 2010
Approve to legal form and sufficiency for
the Cit e Canaveral only:
ON A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 17 -2010
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