HomeMy WebLinkAboutOrdinance No. 43-1993AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY AMENDING
SECTION 645.23 "WRITTEN FINDINGS OF VIOLATION OF
SAFEGUARDS "; ADDING NEW SECTION 645.25(I) TO "VARIANCES:
CONDITIONS GOVERNING APPLICATIONS; PROCEDURES "; ADDING
NEW SECTION 645.32 "VIOLATION OF CONDITIONS OF SPECIAL
EXCEPTION OR VARIANCE: PROCEDURE "; PROVIDING FOR THE USE
OF FORMS IN MAKING WRITTEN FINDINGS AND AMENDMENT THEREOF
BY RESOLUTION OF THE CITY COUNCIL; PROVIDING AN
ENFORCEMENT PROCEDURE; PROVIDING FOR LEGISLATIVE INTENT;
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH;
ESTABLISHING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, Florida, in an effort to
promote compliance by City Advisory and Appointed Boards with City
Ordinances, State law, and judicial precedent, continues to develop
tools to assist in that endeavor; and
WHEREAS, the City Council finds that it will be in the best
interests of the City and its citizens to encourage the proper
documentation of Advisory and Appointed Board findings, orders and
other decrees; and
WHEREAS, the City Council desires that certain forms, which
may be amended from time to time by resolution of the City Council,
will assist in achieving the ends herein contemplated.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Cape Canaveral, Brevard County, Florida as follows:
SECTION 1 . Section 645.23 "Written Findings: Violation of
Safeguards ", Code of Ordinances is hereby amended to read as
follows:
"645.23 WRITTEN FINDINGS: VIOLATIONS OF SAFEGUARDS
It is the intent of this Ordinance to promote compliance by
the City Board of Adjustment with the City Code, State law,
and judicial precedent which provide for written findings of
City of Cape Canaveral, Florida
Ordinance No. 43 -93
Page 2
fact in support of Board decisions. Such findings should be
more than mere conclusory statements or recitations of
legislative language. Before any Special Exception shall be
issued, the Board of Adjustment shall make written findings
on forms attached to this ordinance as Schedule A, which forms
may be amended from time to time by a resolution duly adopted
by the City Council. Said written findings shall certify
compliance with the specific rules governing individual
Special Exception, and that satisfactory provision and
arrangement has been made concerning the following, where
applicable:
(A) Adequate ingress and egress may be obtained to
and from the property, with particular
reference to automotive and pedestrian safety
and convenience, traffic flow and control, and
access in case of fire or emergency.
(B) Adequate off - street parking and loading areas
may be provided without creating undue noise,
glare, odor, or other detrimental effects upon
adjoining properties.
(C) Adequate and properly located utilities are
available or may be reasonably provided to
serve the proposed development.
(D) Adequate screening and /or buffering will be
provided to protect and provide compatibility
with adjoining properties.
(E) Signs, if any, and proposed exterior lighting
will be so designed and arranged so as to
promote traffic safety and to eliminate or
minimize any undue glare, incompatibility, or
disharmony with adjoining properties.
(F) Refuse and service areas, with particular
reference to the items in (a) and (b) above.
(G) Required setback and other open space.
(H) Height.
(I) Landscaping.
(J) Renewal and /or termination dates.
(K) That the use will be reasonably compatible
City of Cape Canaveral, Florida
Ordinance No. 43 -93
Page 3
with surrounding uses in its function, its
hours of operation, the type and amount of
traffic to be generated, the building size and
setbacks, its relationship to land values and
other facts that may be used to measure
compatibility. In granting any Special
Exception, the Board of Adjustment may
prescribe appropriate conditions and
safeguards in conforming with this Ordinance.
Violation of such conditions and safeguards,
when made a part of the terms under which the
Special Exception is granted, shall be deemed
to be a violation of this Ordinance and
punishable as provided by this Ordinance.
SECTION 2. Section 645.25 "Variances: Conditions Governing
Applications; Procedures" Code of Ordinances, is hereby amended by
adding new subsection (I) as follows:
"(I) It is the intent of this Ordinance to promote
compliance by the City Board of Adjustment
with the City Code, State law, and judicial
precedent which provide for written findings
of fact in support of Board decisions. Such
findings should be more than mere conclusory
statements or recitations of legislative
language. All findings made by the Board of
Adjustment in accordance with this Section
645.25 shall be in writing on the forms
attached to this Ordinance as Schedule B,
which forms may be amended from time to time
by a resolution duly adopted by the City
Council."
SECTION 3. New Section 645.32, "Violations of Conditions of
Special Exception or Variance: Procedure" is hereby created as
follows:
11 645.32 VIOLATION OF CONDITIONS OF SPECIAL EXCEPTION
OR VARIANCE: PROCEDURE
(A) Should the Building Official determine that a
violation has occurred of any condition
imposed by the Board of Adjustment upon a
Variance or Special Exception, the Board of
City of Cape Canaveral, Florida
Ordinance No. 43 -93
Page 4
Adjustment, upon receipt of an affidavit by
the Building Official as to the nature and
extent of the violation, shall provide the
petitioner/ owner with an opportunity for
hearing to demonstrate that the alleged
violation does not exist.
(B) Notice shall be given at least fifteen (15)
days in advance of public hearing. The owner
of the property (or his designee, if appointed
by a power of attorney, the original or
certified copy of same being on file with the
City Clerk) for which the Special Exception or
Variance was granted shall be notified by
certified mail.
(C) A courtesy notice may be mailed to property
owners of record within a radius of five
hundred (500 feet, provided, however, that
failure to mail or receive such courtesy
notice shall not affect any action or
proceedings taken hereunder.
(D) Any party may appear in person or be
represented by an attorney at the public
hearing. After considering the evidence,
including testimony from the Building Official
and the owner, the Board of Adjustment shall
determine whether any condition placed upon a
Special Exception or Variance has not been
fulfilled. The Board shall have the option to
provide an opportunity to cure any violation
found to exist, but is not obligated to do so.
The Board shall make written findings in
support of its decision. The City shall have
the authority to seek legal action in a court
of competent jurisdiction to obtain compliance
with any condition placed upon a Special
Exception or Variance, or seek revocation of
the Special Exception or Variance.
SECTION 4. All portions of the Code in conflict herewith are
hereby repealed.
SECTION 5 . If any provision, paragraph, word, section or
article of this Ordinance is invalidated by any court of competent
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City of Cape Canaveral, Florida
Ordinance No. 43 -93
Page 5
jurisdiction, the remaining provisions, paragraphs, words, sections
and articles shall not be affected and shall continue in full force
and effect.
SECTION 6. This ordinance shall take effect immediately upon
its adoption.
ADOPTED BY the City of Cape Canaveral, Brevard County,
Florida, this L day of December 1993.
�l
J y . Salamone, MAYOR
ATTEST:
aith G. Miller, CITY CLERK
APPROVED A SSTOTOFOFORM:
John Kan .ilia, CITY ATTORNEY
First Reading 11/16/93
Posted: 11/17/93
Advertised: 11/19/93
Second Reading 12/7/93
cc: 12/8/93 - Jim Morgan, Building;
Municipal Code Corp.
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City of Cape Canaveral, Florida
Ordinance No. 43-93
Page 5
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jurisdiction, the remaining provisions, paragraphs, words, sections
and articles shall not be affected and shall continue in full force
and effect.
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SECTION 6. This ordinance shall take effect immediately upon
its adoption.
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ADOPTED BY the City of Cape Canaveral, Brevard County,
Florida, this 7th day of December , 1993 .
(j) `•-__. ?"72./ Ct.---r-VT.C)---s-e__--
J `t_J Salamone, MAYOR
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ATTEST: .--- -_-- Ci ar#t!e f�,t
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Eai G. ]xi J1 r„ CI.T,, CLERK
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APPROVED AS TO FORM: .,
Joh, R. H4�"' �-CITY ATTORNEY
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Second Real,,~ is 12/7/93 SALAMONE X
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CITY OF CAPE CANAVERAL
HOARD OF ADJUSTMENT
CASE NO_
IN RE: PETITION OF
For A Variance.
QRDER
This cause coming forward on lgg ,'
for an administrative hearing before the Cape Canaveral Hoard o£'
Adjustment, hereinafter called "Hoard ", on the application of the
above -named Petitioners) for a Variance as more particularly
described in said Petition and the Board having heard the testimony
of the Petitioner(s), staff officials of the City, and other
interested parties as reflected by the verbatim record of this
proceeding hereby renders its Findings of Fact, Conclusions of Law,
and Order as follows:
I. Findings of Fact:
(A) Petitioner(s) own(s) the real property described in
the Petition, said real property being hereinafter referred to as
the "Property ", or is otherwise lawfully a Petitioner as follows:
(H) The Property is located in the
zoning classification of the City and is subject to the Land
Development Regulations pertaining to said district.
(C) That the following special conditions and circum*
stances exist which are peculiar to the Property, structure or
building involved and which are not applicable to other lands,
structures or buildings in the same zoning district:
(D) That said special conditions and circumstances do
not result from actions of the Petitioner(s):
(E) That granting the Variance requested will not confer .
on the Petitioners) any special privilege that is denied by the
Cape Canaveral Land Development Regulations to other lands,
buildings or structures in the same zoning district:
(F) That literal interpretation of the provisions of the
Cape Canaveral Land Development Regulations would deprive the
Petitioner(s) of rights commonly enjoyed by other properties in the
same zoning district under the terms of these regulations, and'.
C,
would work unnecessary
particular:
and undue hardships on the applicant, in
(G) That the
that will make possible
structure:
Variance granted is the minimum Variance
the reasonable use of the land, building or
(H) That the granting of the Variance will be in harmony
with the general intent and purpose of these regulations and that
such Variance will not be injurious to the area involved or
otherwise detrimental to the public welfare:
(I) That the granting of the Variance will not be
contrary to the public interest:
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II. ¢QNCLUSIONS OF LAW:
(A) That the Board has lawful power and authority to
grant Variances under special conditions and circumstances as sett
forth in Section of the Cape Canaveral Code.
(B) That Fetitioner(s) has /have met the minimum
requirements for the requested Variance and has /have demonstrated,
entitlement to the Variance subject to the special restrictions,l
limitations, and conditions hereinafter set forth, if any.
(C) That the requested Variance will not permit any use
of the Property that is not generally, or by a spacial exception,:
permitted in the zoning district where the Property is located.
III. ORDER:
(A) Petitioner Ia(s') application for Variance is hereby]
granted.
(B) Unless the Variance hereby granted is fully imple -I,
mented on or before , this''
Variance and the rights hereby granted shall expire on said last'
mentioned date and thereafter be of no force or effect whatsoever.
(C) This Variance refers specifically to the Land',
Development Regulation(s) set forth in Section of the',
Cape Canaveral Code, and permits the Petitioner(s) to deviate from'
the provisions of said Section only to the following extent:
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(D) The following additional limitations, rest,
and conditions are hereby imposed upon the Variance
described:
DONE AND ORDERED this
ATTEST:
day of
199
CAPE CANAVERAL BOARD OF AD.7USTMENT
By:
Chairman
Secretary of Said Board
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing
Order was furnished by mail to Petitioners)
at
this day of ,
Secretary of the Cape Canaveral
Board of Adjustment
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