HomeMy WebLinkAboutOrdinance No. 02-2011 ORDINANCE NO. 02-2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110-
486 OF THE CODE OF ORDINANCES RELATED TO
RESORT DWELLINGS AND RESORT CONDOMINIUMS;
REQUIRING NONCONFORMING RESORT DWELLINGS
AND RESORT CONDOMINIUMS TO BE LICENSED BY THE
STATE IN ORDER TO OPERATE; PROVIDING THAT
NONCONFORMING RESORT DWELLINGS AND RESORT
CONDOMINIUMS SHALL BE CONSIDERED ABANDONED
AND LOSE THEIR NONCONFORMING STATUS IF THEIR
STATE LICENSE LAPSES FOR MORE THAN 180 DAYS;
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
the City Council adopted Ordinance 04-2007, which
WHEREAS, in 2007, th y p provided that p
resort dwelling and resort condominium uses were permitted uses in the City's C -1 Low Density
Commercial District only; and
WHEREAS, Ordinance 04 -2007 also provided that existing resort dwelling and resort
condominium uses located outside of the City's C -1 District may be considered legally
nonconforming and continue operation subject to certain licensing and permitting requirements; and
WHEREAS, currently, legally nonconforming resort dwellings and resort condominiums
automatically lose their nonconforming status with the City if their state - issued license is revoked
by the Florida Department of Business and Professional Regulation for any reason, or if the license
otherwise expires or lapses for more than 30 days; and
WHEREAS, the City Council desires to relax this standard by providing owners of resort
dwellings and resort condominiums a reasonable period of time to renew or restore their state - issued
license in the event the license is revoked, or otherwise expires or lapses; 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
City of Cape Canaveral
Ordinance No.02 -2011
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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.
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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 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
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ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1. GENERALLY
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1 Sec. 110 -486. - Resort dwellings; resort condominiums; nonconforming use status; expiration.
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(c) All resort dwellings and resort condominiums deemed nonconforming pursuant to
this section shall remain licensed at all times by the Division of Hotels and Restaurants of
the Florida Department of Business and Professional Regulation. Should said license be
revoked for any reason, or otherwise lapse or expire, the resort dwelling or resort
condominium shall not be permitted to operate as a resort dwelling or resort condominium
until said license is renewed or restored. Should any nonconforming resort dwelling or resort
condominium license lapse for more than 180 days, said resort dwelling or resort
condominium shall be considered abandoned pursuant to section 110 -197 of this Code, and
shall lose its nonconforming status,
(d) Any resort dwelling or resort condominium deemed nonconforming pursuant to this
section shall lose its nonconforming status if any one of the following occurs:
(1) The resort dwelling or resort condominium use is abandoned pursuant to
section 110 -197 of this Code;
(2) ; - - _
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City of Cape Canaveral
Ordinance No.02 -2011
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(3) The resort dwelling or resort condominium unit has been repeatedly found to
be in violation of applicable building, fire and zoning code requirements on more
than three separate occasions within the previous three -year period commencing on
the date that the most recent violation was cited. For purposes of this subsection, the
term violation shall include those violations declared by the state or the city or a
combination of violations declared by the state and city.
(eel) It shall be unlawful for an owner to operate a resort dwelling or resort condominium
in a zoning district other than C -1 (low density commercial district) unless the owner has
obtained a certificate of nonconforming status under this section. In furtherance of the public
health, safety and welfare of the public that occupy resort dwellings and resort
condominiums, the city manager is hereby authorized to take whatever lawful steps are
necessary, with the assistance of the building official and fire chief, to require that the
operation of a resort dwelling or resort condominium within with-ii the city is in compliance
with the city's zoning and certificate of occupancy requirements. Said steps may include, but
are not limited to, seeking injunctive relief in a court of competent jurisdiction.
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 l'
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.
[EXECUTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance No.02 -2011
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of May,
2011.
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±' 'C'-P+4v {,, , Bob Hoog, Mayor Tem
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NEST: For Against
Bob Hoog X
1N LA APPity Ji Morgan Secon d
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Buzz Petsos Motion
.' pi i' Rocky Randels Absent
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Betty Walsh — X
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First Reading: April 19, 2011
Legal Ad published: April 25, 2011
Second Reading: May 17, 2011
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Approved . s • egal form and sufficiency
pt ,se y y for the t • . Canaveral only b :
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ANTHONY A. GARGANESE, City Attorney
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City of Cape Canaveral
Ordinance No.02 -2011
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