HomeMy WebLinkAboutOrdinance No. 04-2011 I
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING CHAPTER 110 ZONING,
RELATED TO SETBACKS; PROVIDING FOR THE REPEAL OF PRIOR
1 INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION
I 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
1 WHEREAS, Florida Statutes Chapter 163, Local Government Comprehensive Planning
a nd 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 Council finds a need to modify the City Code to permit parking
spaces, access drives and aisles, and dumpsters within setbacks; and
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WHEREAS, the City of Cape Canaveral Planning and Zoning Board has reviewed the
proposed amendment at a duly noticed public hearing held on May 25, 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:
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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 I, "In General "; and Article IX,
"Supplementary District Regulations ", Division 2 "Off- Street Parking ", and Division 5
"Setbacks "; of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as
i 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):
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CHAPTER 110
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ARTICLE I. IN GENERAL.
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Sec. 110 -1. Definitions.
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1 Setback means a required open space on the same lot with a principal building, which space is
1 unoccupied and unobstructed by buildings from the ground upward except as specified in
sections 110 -468, 110 -492, 110 -538 and 110 -567. All required setback areas shall be landseaped
• :: . • : - : : - properly maintained and open space areas within the setback
1 areas (except parking and other legal encroachments) shall be landscaped with greenery (sod).
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ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
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DIVISION 2. OFF-STREET PARKING
Sec. 110 -492. Location of Spaces.
(a) Parking spaces for all residential uses shall be located on the same property as the
main building, except that one -half the total number of required spaces for
multiple - family dwellings, townhouses and mobile homes may be located in a
common parking facility not more than 200 feet distant from the nearest boundary
of the site.
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(b) Parking spaces for other uses shall be provided on the same lot or not more than
500 feet distant.
(c) Parking requirements for two or more uses of the same or different types may be
satisfied by the allocation of the required number of spaces for each use in a
common parking facility.
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1 (d) Required offstreet parking areas for seven or more automobiles shall have
individual spaces marked and shall be so designed, maintained and regulated that
no parking or maneuvering shall be on any landscaped buffer, public street, walk
or alley and so that any automobile may be parked and unparked without moving
another, allowing, however, a driveway of not more than 24 feet total on any
street or alley for ingress or egress to the offstreet parking area.
(e) Parking spaces, access drives and aisles, and dumpster areas are permitted within
setbacks.
DIVISION 5. SETBACKS
Sec. 110 -538. Encroachments.
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Every part of every required setback shall be open and unobstructed from the ground
to the sky, except as follows or as otherwise permitted in this chapter:
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(8) In thc commercial and industrial zoning districts, with thc exception of any
:.. - . . . ... .. • . • • -. .. .
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(9) • . ..' . - : : : .. - -• -- -- . . : :. • •_ .. -.
backout arca, except as specified in subsections (7), (8) and (11) of this section.
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W(10) Open, enclosed porches, platforms or paved terraces not covered by a roof
or a canopy and which do not extend above the level of the first floor of the building may extend
or project into the required setback.
(11) ... • _ - . . . : .
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(8)(12) Signs for on -site advertising shall be in conformance with chapter 94
pertaining to signs.
(9)(13) Roof overhangs (eaves) may project not over two feet into a required
setback.
(10)(1.4) Air conditioner units may project not over five feet into a required rear
setback.
1 (11)(15) Emergency pad- mounted generators as provided for in section 110 -484.
fill(16) Conveyor systems may be located within setbacks in the M -1 light
industrial and research and development district by special exception, for purposes of moving
aggregate and other materials.
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1 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
3 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
3 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
I of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
3 jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be
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deemed a separate, distinct and independent provision, and such holding shall not affect the '
1 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.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of
t June, 2011.
1 C:::: 0 C.VnateApa_c2)._
Rocky Randels, Mayor
ATTEST:
FOR AGAINST
%( ' ® .;AO oile, Bob Hoog Motion
A l Ia`Apperson, Citj. (deck Jim Morgan Second
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� Buzz Petsos
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—4...,,,,,,,,A, .� Rocky Randels
Betty Walsh
Legal Ad Published: May 28, 2011
First Reading: June 7, 2011
Second Reading: June 21, 2011
Approved as to legal form and sufficiency for
the City ape Canaveral only:
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Anthony A. Garganese, City Attorney
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