HomeMy WebLinkAboutOrdinance No. 26-1993ORDINANCE NO. 26 -9!
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING 641.33 B. OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE CANAVERAL; BY PROHIBITING
THE PARKING OF COMMERCIAL VESSELS IN RESIDENTIAL AREAS OF
THE CITY; AMENDING THE LENGTH OF RECREATIONAL VEHICLES
WHICH MAY BE PARKED IN RESIDENTIAL AREAS OF THE CITY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR
AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Section 641.33 B. of the Code of Ordinances of the
City of Cape Canaveral is amended to read as follows:
641.33 LOCATION OF RECREATIONAL VEHICLES CAMPING
EQUIPMENT. BOATS AND BOAT TRAILERS
Boats, boat trailers, utility trailers, campers (trailers
and nonmounted pickup), travel trailers and motor homes
l ess th e qu a l te V L- (21 ) feet i l one
shall be allowed in the R -1, R -2 and R -3 zoning
classifications of the City of Cape Canaveral as follows:
In one -, two- and three -unit structures,
shall be allowed in the rear yard or side
yard tl fenced or screened from view, in any
setback abutting a street if fenced or screened
from view and in the front yard or front setback
under covered parking +
ear per t. These shall be
the only areas for these vehicles to be parked, and
all other recreational vehicles that do not comply
` € In those developments of four through nine units,
the parking of the recreational vehicles described
in subsection B. 49904W abeve shall be
allowed only in an areawic 'o scures visibility
from abutting streets or drives by a fence, wall or
planting. These shall be the only areas for these
vehicles to be parked, and all other recreational
vehicles that do not comply with the listed
vehicles shall be disallowed.
Developments which consist of ten or more units
must provide special parking or storage facilities
for the recreational vehicles described in
su B. abeve.
-':. _ ... ai=agr k
Specia parking shall consis o a eas "ten (10)
percent additional parking spaces. These areas
shall be fenced or screened from the general
public. These shall be the only areas for these
vehicles to be parked and all other recreational
vehicles that do not comply with the listed
vehicles shall be disallowed.
City of Cape Canaveral, Florida
Ordinance No. 26 -93
Page 2
In townhouse developments, the parking of the
recreational vehicles described in
su B. ._. shave shall
be a owed only in areas"' w"hic►"i�`aie fenced or
screened from the general public and shall be
specifically in areas set aside and there shall be
no front, side yard or intrusion of setback parking
or storage. These shall be the only areas for
these vehicles to be parked and all other
recreational vehicles that do not comply with the
listed vehicles shall be disallowed. '..
C. In commercial and industrial zones, all recreational
vehicles shall be allowed to be parked in accordance with
Section 641.01 and Section 641.21.
SECTION 2 . Severability. If any section, paragraph, phrase,
or word of this Ordinance is held to be unconstitutional or
invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent
to pass this Ordinance without such unconstitutional or invalid
part.
SECTION 3 . Conflicting Provisions. Any ordinance, or parts
of an ordinance, in conflict herewith are repealed.
SECTION 4 . Effective Date. This ordinance shall take effect
immediately upon its adoption.
ADOPTED BY the City of Cape Canaveral, Brevard County, Florida
this day of , 1993.
Joy C. Salamone, MAYOR
ATTEST:
Faith G. Miller, CITY CLERK
APPROVED AS TO FORM:
John R. Kancilia, CITY ATTORNEY
F /ur
ity of Cape Canaveral
ling Boardmembers
FROM: Faith Miller, City Clerk
DATE: August 12, 1993
SUBJECT: Proposed Ordinance Nos. 26 -93 and 27 -93
In order to eliminate any confusion that may have been present with
regard to the intent of the proposed ordinances regarding location
of boats and boat trailers and changes to political sign
requirements, the minutes of the City Council meeting at which both
these ordinances were discussed have been transcribed verbatim. A
copy of these verbatim minutes is attached for your review.
For the past several months, Council and City staff have been
involved in an extensive recodification process in conjunction with
Municipal Code Corporation. During the Special City Council
workshop meeting held on June 24, 1993, Council was in the process
of reviewing the recodification draft of the Code of Ordinances,
Land Development and Zoning Regulations. During this review
process, Mayor Salamone initiated discussion relative to changes
needed to the political sign requirements and the location of boats
and boats trailers in residential zoning. Council discussion
pertaining to both these matters is contained in the attached
verbatim transcript.
If you should have any additional questions regarding this matter,
please advise.
fgm
Attachments
cc: Bennett Boucher, City Manager
106 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920 -0326
TELEPHONE 14071 868 -1200 • FAX 14071 7993170
City of Cape Canaveral, Florida
The following is
a verbatim transcript of a portion of the City Council Special
Workshop Meeting
held on June 24, 1993:
i
I
In reference to Chapter 94 Signs, Section 94 -76 Temporary on-premises signs I P � 9 . , P Y Old Code P 9 (
Section No. 653.19 (A):
I
Mayor Salamone:
"I'm on types of signs. In reading this, types of signs ordinance ,
no where do we have a provision for allowing an information sign.
For instance, one that might have been very timely recently was
letting people know perhaps about a recall. I had several calls and
we have no provision for someone to put up a sign about information
on a recall vote or on anything like that. We don't allow for
that."
Mr. Boucher:
"Political signs ?"
Mr. Kancilia:
"Yeah, it is. What you can put up on private property and basically
not be regulated."
Mayor Salamone:
"But what I'm saying is, no, this is my problem is yes, I cou�d
probably, but there's no provision unless you're a candidate f r
putting up $40.00."
Mr. Kancilia:
"Or on your own property."
Mayor Salamone:
"Yeah, but that's not, I mean, if I wanted to put them all over torn
I couldn't do it because I wouldn't be a candidate for office.
Mr. Kancilia:
"Right, you can't, not on just any place."
Mayor Salamone:
"Exactly. Well, I couldn't put them anywhere because you gota
have, there's no place to go in and get a permit to do, there's o
provision for it. A political sign not to, to be a political si n
I have to run for office, I have to be a candidate."
Mr. Boucher:
"Well, that's what it says." '..
Mayor Salamone:
"No, that's what it says here, it's very specific in this Code."
j Mr. Boucher:
"Section 94 -78" (Old Code Section No. 653.21)'..
Mr. Kancilia:
"But there's, I think, a constitutional problem with that as well.l"
Mayor Salamone:
"I know, but I'm saying shouldn't we allow for it then. How could
we allow for that, by, where it says political sign, it said t,e
only way you can do that is to be a candidate for office."
Mr. Kancilia:
"Well, it probably shouldn't be."
Joan Calvert:
"I can just see us..." '..
I
Mr. Kancilia:
"I wrote a memo on that, there was that case down in Miami that '',I
wrote you a memo on that very issue."
Mayor Salamone:
"Well, I know so let's fix it in the Code."
Mr. Kancilia:
"OK, I agree. "',
Mayor Salamone:
y
"OK let's fix it. He's
, going to fix it."
j John Porter:
"You're talking about that one case."
j Mr. Boucher:
"Time of erecting signs, yeah. Just take that section out, then t e
rest is sensible. ".
Verbatim Transcript - June 24, 1993
Page 2
Mayor Salamone:
"Because you see it allows for temporary on- premises signs and it' 1
allow me to go in and put a $40.00 deposit down, oh no, where's t e
deposit money because that says you had to be qualifying too." Ii
Mr. Boucher:
"Appendix B ".
Mayor Salamone:
i
"Okay"
Mr. Porter:
I
"SO you could put up, if somebody was going to run this Novembet,
I , I
they could put up the signs now, according to the new ruling."
Joan Calvert:
"I don't think that's a good idea."
Mayor Salamone:
"See that's the problem." ,
Mr. Kancilia:
"On your own property, you get private property and you put it up
John Porter:
"If I ask, Ok, Joe, I'm running this November and I want to get l l�a
jump on my competition will you put a sign out for me."
Joan Calvert:
"And fifty other of your closest friends."
Mayor Salamone:
"Here it is, each candidate shall sign and obtain a sign permit from
the Building Department, its in d."
Mr. Kancilia:
"There's that one down in Miami, it was exactly on this point, t e
American Civil Liberties Union had that suit against the City f
Miami or Dade County on this very issue because a candidate puta
sign up on his own property prior to the qualification period a d
they said you can't prohibit that on private property. You c n
prohibit it on public property, but you can't prohibit it on priva e
property."
Mayor Salamone:
"Okay, what we need to do is find a way to still allow the time
erecting because there ought to be, if you were going to put up a
of
political sign it shouldn't be allowed up prior to getting a perm t
and we shouldn't allow it unless its permitted."
Mr. Kancilia:
"NO, its, once you go through the permit and all that stuff,
permitting is a reasonable requirement."
Mayor Salamone:
"I know, but we keep saying candidate and in this case where peop e
called me and wanted to put up a recall sign, there were, we have no
provisions in this City for that and so that's what we need to to k
at. Okay, so he's going to look at the whole political signs thing,
but you understand what we're looking for right."
Mr. Kancilia:
"No, but you couldn't out here and use one of the utility poles for
a sign as an example."
Mayor Salamone:
"No, no, you can't do that anyway. But could I put it in any
neighbor's yard ?"
Mr. Kancilia: "If they gave you permission.
Mayor Salamone: "That's right, but we don't allow for that, we don't allow for you
to put anything up other than a candidate running for office sign
and we need to have something else, in case, because taxes even.
You know, if we want to raise the taxes or something and put up an
informational sign, we just don't allow for that. So there ought to
be a way to do that." '..
Verbatim Transcript - June 24, 1993
Page 3
"Someone needs to open all
In reference to
Chapter 110, Zoning, Section 110 -551, Location of recreation4i
vehicles, camping
equipment, boats and boat trailers (Old Code Section 641.33):
Mayor Salamone:
"This is one I've been dying to tackle since I became Mayor. Pa e
"That's not what we have now. The only thing I want to change s
is
CD 110:65 (new Code), boats, boat trailers. i just want to to k
right here where we are playing the game of that it can be less th n
about it, add something its not there yet. I want a change. In,II,I
or equal to 21 feet in length and the problem we have are people who
forgot the classification, single family homes, thank yo ,
brought the boat that's a little bigger than that but still would
specifically because we take care of it in R -3 in the Code here. e
fit in a yard. They already don't allow them on sidewalks, I don t
say how, that a trailer can only be 21 feet. Instead of th t
want to change any of those."
specific, specificity, why can't we say that it fits the side of the
"But they're already out there I'm telling you, those townhouses
house or the back of the house without obstructing the neighbor s
they've got them hanging out over the side. ".
view or whatever. So it could be the length of the house, either
"Well, then what's her name needs to go and fix that and tell them
the side or the back, rather than 21 feet because that seems to e
that you can go on the side or the back or you can't have it. B t
the biggest problem that we have. They can't put it in their
the problem that I've had the most calls on is how can you tell e
driveway and be out in the road, that's not the same, what Ifm
how big my boat can be."
saying is keep the Code the way it is, but allow it on the side r
obstruct the neighbor's, I think, it was view that
the back if it does not extend beyond the length of the hous�.
That's what I'd like to see."
Joan Calvert:
"If it doesn't extend beyond the length of the house. Are we
"Someone needs to open all
allowing for any setback on the side, I mean, or are we?
',.. Mayor Salamone:
"NO, we don't have that now."
Joan Calvert:
"Or are we going to push it right up against their"
Mayor Salamone:
"That's not what we have now. The only thing I want to change s
is
to park it."
right here where we are playing the game of that it can be less th n
Mayor
or equal to 21 feet in length and the problem we have are people who
"That's what I'm saying to you."
brought the boat that's a little bigger than that but still would
Joan
fit in a yard. They already don't allow them on sidewalks, I don t
"That's why they have boat yards and stuff, where
want to change any of those."
Joan Calvert:
"But they're already out there I'm telling you, those townhouses
go.
they've got them hanging out over the side. ".
Mayor Salamone:
"Well, then what's her name needs to go and fix that and tell them
"Anyway, would you agree that we could at least do that, take a lo}k
that you can go on the side or the back or you can't have it. B t
the problem that I've had the most calls on is how can you tell e
he
t back and n}b�t
how big my boat can be."
John
Porter;
"Someone needs to open all
Joan
Calvert:
"Nobody can tell them how big it can be, but we can
tell them where
to park it."
'..
Mayor
Salamone:
"That's what I'm saying to you."
Joan
Calvert:
"That's why they have boat yards and stuff, where
these big boats
go.
Mayor
Salamone:
"Anyway, would you agree that we could at least do that, take a lo}k
at fixing it so that its the length of the side or
he
t back and n}b�t
obstruct the neighbor's, I think, it was view that
was used in t e
past.
John
Porter:
"I don't have a problem with that, but you're gonna, it's veky
.'
subjective and the people that live next door, I
mean, you won't
allow a structure within four feet of the property
line, correct,,"
Joan
Calvert:
"Eight"
Verbatim Transcript - June 24, 1993
Page 4
Art Berger:
"Mine house is narrow, but its 50 feet long so I can get a yacht out
there."
Mayor Salamone:
"That's right. But you're never gonna fit it back there, the leng h
it won't fit, I've already seen yours. See that's the problem th t
we got when we first did this."
Art Berger:
"It will."
Joan Calvert:
"He just said it will."
Mayor Salamone:
"You can fit yours in the side of your house ?"
Art Berger:
"I put 14 feet on the sides, I've got plenty of side back, so I can
go get"
Mayor Salamone:
"I don't have any problem with that."
Joan Calvert:
"He can have a 50 foot yacht back there."
Mayor Salamone:
"He's got a pink house, who cares. I mean the man's house is pi k
pink. Not light pink, PINK, I've got to check that house out one f
these days. Anyway I would really like them to look at that."
Joan Calvert:
"I think we might run into problems with that, you might have t e
Queen Mary sitting out there if somebody's got a, and you know e
can't, are we saying single family house ?"
Mayor Salamone:
"Um hum." !,
Joan Calvert:
"This is only referring to single family house ?"
Mayor Salamone:
"Yes, because see in townhouses and places like condos they have o
have recreational, they have to have space for them, that allows t
here."
Joan Calvert:
"Townhouses don't, where's the recreational space at townhouses.'
Mayor Salamone:
"OK, we need to take a look at that too."
Art Berger:
"I think you have a valid point, I don't think 21 feet is adequatel
Mayor Salamone:
"It really isn't, its bothered me for a long time."
Art Berger:
"I think though that we can do, is, you're on the right point, f
going adjacent with the Bide of the home not to exceed 35 or 40 fe t
or a reasonable length. I agree with her because a 24 or 25 fo t
boat's a nice decent boat that you take out of the water."
Mayor Salamone:
"Yeah, and that's not an eyesore." !.
Joan Calvert:
"But what is going to hang out the front of the house?"
Mayor Salamone:
"But I'm saying to you, it can't, that's why I'm saying to you. "
John Porter:
"It can't exceed the length of the house. "'
Joan Calvert:
"We presently allow a boat to be parked in the front of the housed
Mayor Salamone:
"We're gonna fix it, that's why I want the whole thing, no actualIly
we don't in the front yard or under the covering of any carport, b t
that's why we need to rewrite it."
Verbatim Transcript - June 24, 1993
Page 5
John Porter:
Joan Calvert:
Art Berger:
Mayor Salamone:
John Porter:
Joan Calvert:
Mayor Salamone:
Joan Calvert:
Mayor Salamone:
John Kancilia:
Mayor Salamone:
John Kancilia:
Mayor Salamone:
John Porter:
"Its being reasonable in giving them some options and I think that s
a good thing to do and if that won't work then it is time to
"Ok, think of someone on a corner lot, let's say on Ridgewood, t e
house is facing the street and people driving by there's a great b
boat on the side of the house from Ridgewood and the problem wi h
this boat ordinance started was when they were dragging the e
crummy, old fishing boats home from the Port. I particular y
remember a group of people coming in from Harbor Heights, this g y
had this thing dismantled, it was an old shrimp boat or somethi g
like that, it looked, it smelled, it was horrible and it was Harb r
Heights and he brought this boat home and they were workin ,
rebuilding the thing out there on the side yard."
"Say its recreational."
"Well, its supposed to be screened or fenced from view. I mean, ce
have a lot of things that fix that."
"Let's get something that's reasonable and then we can enforce it
"But let's think of the upside and the down side, let's remember
that that you can agree with something"
"Oh, yeah, I'm going to get calls on it whatever why you do thi ,
but I do believe we are in a beach community and we need to look t
the boatowners a little more effectively than our Codes have."
"But you see these old fishing, working boats and stuff that coq�s
home and start scraping the bottom and stuff, we got a problem. "Il
"Well, let's take a look at it and allow the Planning and Zoni�q
Board to look at it, ok ?"
"Don't they register it by recreation versus commercial ?"
"Yes"
"So we'll just put registered recreational"
"Make sure we have registered recreational"
"Then what happens if we do have one of these fishing types ?"
Mayor Salamone: "Then they need to be out paying the big bucks to have them wN
they can clean them and do that kind of thing. I'm only talk:
about recreational people, I'm not talking about allowing commerc:
fisherman to bring in their boats. It really is for the homeowner
for the people who live here and boat and fish, is what I'm look:
at."
Bennett Boucher: "Because that would violate the home occupation, anyway."
Mayor Salamone: "That's right, we don't want to do that. OK, will you take a
at that for us (to John Kancilia). All right, thank you."
City of Cape Canaveral, Florida
City Council special Workshop Meeting
June 24, 1993
Page 4
There was discussion regarding the following section in Chapter 90,
Floods:
1. Division 3, Flood Hazard Reduction, Section 90 -61, General
standards. Mrs. Calvert questioned the last sentence in item
no. 10 of this section. Council concurred to change the last
sentence to read: "Any alteration, repair, reconstruction or
improvement to a building which is not in compliance with this
article shall be undertaken only if such nonconformity is not
furthered or extended." Mr. Boucher stated he wanted to check
with Mr. Kleving to ensure that this change would not violate
any provisions of DCA or FEMA.
There was discussion regarding the following section in Chapter 94,
signs:
Division 2, Types of signs, Section 94 -76, Temporary on-
premises signs. Mayor Salamone stated that this chapter in
the code did not provide a provision for allowing information
signs for a topic such as a recall vote. Mr. Kancilia stated
political signs could be placed on private property. Mayor
Salamone stated that an individual would have to be a
candidate for political office to erect such signs. Mr.
Kancilia agreed to further review and revise Section 94 -78,
Political signs, of the Sign Code to allow for informational
type signs. He explained a recent lawsuit in Dade County
which stated that the County could not prohibit an individual
from placing a political sign on private property prior to
qualifying for political office. Mayor Salamone stated that
the individuals that had contacted her about placing recall
signs were not candidates and she gave her opinion that a
provision to allow individuals, who were not political
candidates, to erect temporary signs was needed.
Mr. Kancilia advised that Chapter 98, Subdivision, would be changed
in accordance with Ordinance No. 22 -93 which was scheduled for
adoption in July.
There was discussion regarding several sections in Chapter 110,
Zoning, including:
1. Article II, Board of Adjustment, Division 1, Generally,
Section 110 -33, Reconsideration of administrative review,
special exception or variance. Council concurred to change
the last sentence of this section to the following two
sentences: "This section shall not apply to the property owner
if the original request was initiated by any official,
department, board or agency of the city acting in any official
capacity. This shall not apply to any petition initiated by
the city council."
2. Article III, Administration and Enforcement, Section 110 -87,
Interpretation and enforcement of chapter. Mr. Kancilia noted
that this section needed to be changed and explained his
reasons for same. He stated that the Council did not want the
City bound by an interpretation of the building official. The
first sentence was changed to read, "It is the intent of this
chapter that all questions of enforcement shall be first
presented to the building official... ".
Article IX, Supplementary District Regulations, Division 1,
Generally, Section 110 -478, Earth station antennas. There was
general discussion regarding whether or not this section
needed any changes.
City of Cape Canaveral, Florida
City Council Special Workshop Meeting
June 24, 1993
Page 5
Article IX, Supplementary District Regulations, Division 6,
Vehicles and Vessels, Section 110 -551, Location of
recreational vehicles, camping equipment, boats and boat
trailers. Mayor Salamone stated that specifically item (b)
provided that boats and other recreational vehicles had to be
less than or equal to 21 feet in length in order to be located
in R -1, R -2, and R -3 zoning classifications. She questioned
if the wording could be changed to allow that the boat and
trailer length could not exceed the length of the house, side
or back yards, without obstructing their neighbor's view.
There was extensive discussion regarding this issue.
Mr. Kancilia stated that this section would be revised and it
would include the distinction for a registered recreational
boat vs. a commercial fishing boat.
There was general discussion regarding the City Charter, the
changes that were still needed, and bold printing or bracketing
current provisions of the Charter. Ms. Miller advised that
Municipal Code Corporation had suggested placing brackets around
the outdated information concerning elections in the Charter with
editors' notes explaining why the wording no longer applied.
Council concurred to bracket the outdated information in the
Charter. Also, once the Attorney General's opinion was received
regarding degenderization of the Charter, the generic term of
"Councilmember" would replace "Councilman" in the Charter if the
opinion received was that this would constitute ministerial changes
only.
Ms. Miller advised that the proofs would be sent back to Municipal
Code with all the recommended changes and Municipal Code would also
incorporate all adopted ordinances through Ordinance No. 22 -93 into
the new Code. Council asked that a list of all the proposed
changes be prepared and submitted to them. Council concurred to
schedule the July 20th regular Council meeting at 6:30 P.M. to
review all the changes to the recodified Code.
There being no further business, the meeting adjourned at 8:00 P.M.
Faith G. Miller, AAE
City Clerk
ity of Cape Canaveral
FROM:
DATE:
gilding Official
Faith Miller, City
July 30, 1993
Clerk
SUBJECT: Planning & Zoning Board Agenda Items
In accordance with the City Council workshop meeting held on
July 29, 1993, Council has requested that the Planning and
Zoning Board at its next regularly scheduled meeting review
proposed Ordinance Nos. 26 -93 and 27 -93. Copies of the
ordinances are attached for your use.
The revisions included in the subject ordinances were
discussed during Council's review of the recodification draft
of the Code of Ordinances, Land Development and Zoning
Regulations as prepared by Municipal Code Corporation.
Following the next Board meeting, please advise my office as
to whether or not any changes are recommended to the
ordinances by the Board. If you should have any questions
regarding this matter, please advise.
fgm
Attachments
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 329200326
TELEPHONE 14071868.1200• FAX 14071 799 -3170