HomeMy WebLinkAboutOrdinance No. 03-2011 ORDINANCE NO. 03 -2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING CHAPTER 110 ZONING,
ARTICLE VII, DISTRICTS, OF THE CODE OF ORDINANCES TO
PERMIT BREWERIES WITH OR WITHOUT TASTING ROOMS AND
ASSOCIATED RETAIL SALES IN THE M -1 LIGHT INDUSTRIAL AND
RESEARCH AND DEVELOPMENT DISTRICT; 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, Florida Statutes Chapter 163, Local Government Comprehensive Planning
and Land Development Regulation Act provides for the ability of the City of Cape Canaveral to
plan for its future development and growth and provide necessary regulations for same; and
WHEREAS, the City Code does not currently regulate the location of breweries with
tasting rooms and retail sales within the City; and
WHEREAS, the City Council finds a need to modify the City Code to provide for the
regulation of placement of breweries, and further finds that such regulation is a desirable option
for the City; and
WHEREAS, the City of Cape Canaveral Planning and Zoning Board has reviewed the
proposed amendment at a duly noticed public hearing held on March 23, 2011, and said Board
and City Staff have recommended approval of this Ordinance; 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, Article VII, Districts, Division 6, M -1 Light
Industrial and Research and Development District, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and it is
intended that the text in Chapter 110 denoted by the asterisks and omitted from this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance):
1
City of Cape Canaveral
z
Ordinance 03 -2011
Page 1 of 3
1
1
3
1
S
1
CHAPTER 110
* * *
ARTICLE VII
DIVISION 6. M -1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT
DISTRICT
t
1
* * *
Sec. 110 -352. Principal uses and structures.
In the M -1 light industrial and research and development district, the following uses
and structures are permitted, provided any use or group of uses that are developed, either
separately or, if developed as a unit with certain site improvements, shared in common, meet
requirements of article IX of this chapter:
i * * *
(10) Breweries, with or without tasting rooms and associated retail sales.
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.
i
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.
i Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
1
1
1
1
I
1
i City of Cape Canaveral
Ordinance 03 -2011
1 Page 2 of 3
1
i
I
1
i
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of
May, 2011.
z -6Z I
Bob Hoog, May Pro Tem
ATTEST
, 1T /
FOR AGAINST
Bob Hoog X
�_ C : _
Angela Apperso , ity Clerk Jim Morgan X
' i, { Buzz Petsos Second
Rocky Randels Absent
1
Betty Walsh Motion
1
{
A
{
ii
First Legal Ad Published: April 9, 2011
First Reading: April 19, 2011
Second Legal Ad Published: April 23, 2011
Second Reading: May 17, 2011
Approved as legal form and sufficiency for
the City of'Ca e Canaveral only:
f .
Anthony A. Garganese, City Attorney
1
i
f
i
1
1
1
1
City of Cape Canaveral
Ordinance 03 -2011
Page 3 of 3
1
i
i