HomeMy WebLinkAboutOrdinance No. 09-2002 t
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ORDINANCE NO. 09-2002
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AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION;
110 -137. Procedures For Amendments and Rezoning, BY
AMENDING THE NOTICE REQUIERMENTS TO PROVIDE FOR
WRITTEN NOTIFICATION TO ALL AFFECTED PROPERTY
OWNERS WITHIN A RADIUS OF 500 FEET; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
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BE IT ORDAINED by the City Council of Cape Canaveral, Brevard County, Florida,
as follows:
SECTION 1. Section 110 -137, Procedure for Amendments and Rezoning, is
hereby amended by the addition of written notice requirements to all affected
property owners within a 500 feet radius as follows: ,
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(a) Any amendment of this chapter may be proposed by
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(1) The City Council t'
(2) The Planning and Zoning Board
(3) Any department or agency of the City.
Cy (4) Any person or entities.
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(b) All proposed amendments shall be submitted to the Planning and
Zoning Board (in its capacity as both the Planning and Zoning Board t
and the local planning agency) for study and recommendation. The
Planning and Zoning Board shall study such proposals to determine:
(1) The need and justification for change;
(2) The relationship of the proposed amendment to the purpose of the
City's plan for development, with appropriate consideration as to 1
whether the proposed change will further the purposes of this I
chapter and the plan.
(c) The Planning and Zoning Board shall submit the request for change or
amendment to the City Council with written reasons for its
recommendation.
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(d) The procedure for the adoption of any ordinance amending this
chapter shall be in conformance with the notice and meeting
requirements as codified in Section 166.041, Florida Statutes, as
amended, and provided further that the procedures for zoning
classification changes and comprehensive plan amendments shall be
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City of Cape Canaveral, Florida
Ordinance No. 10 -2002
Page 2
in conformance with the requirements of Chapters 163 and 166,
; C Florida Statutes.
(e) Any proposal for a zoning amendment by any individual, corporation or
agency pursuant to this section shall be by application, which shall
contain the following information:
(1) The name of the owner of the particular real property.
(2) If the applicant is other than all the owners of the particular
property, written consent signed by all owners of the particular real
property shall be detached.
(3) The legal description of the particular real property, accompanied
by a certified survey or that portion of the map maintained by the
tax assessor reflecting the boundaries of the particular real
property.
(4) The current land use zoning classification, or special exception,
with any specified conditions, as recorded on the official zoning
map.
(5) The requested land use zoning classification or special exception
classification that constitutes an amendment to the official zoning
map.
`}< (6) Names and addresses of all property owners (Affected Property
Owners" — owning property which lies within a radius of five
hundred (500) feet of a boundary of the survey or that portion of the
map maintained by the tax assessor reflecting the boundaries of
the parcels affected.
(f) No recommendation for change or amendment may be made by the
Planning and Zoning Board until due public notice has been given or a
public hearing. Public hearing notice shall be given at least fifteen (15)
days in advance of the hearing by the publication in a newspaper of
regular and general circulation in the City Hall. No recommendation for
change shall be made by the Planning and Zoning Board unless and
until the public hearing has been advertised. Said notice shall contain
the names of the applicant, the legal description of the affected
property, the existing land use classification and special exception
designation, the request amendment to the official zoning map, and the
time and place of the public hearing on the consideration of said
application.
(g) For proposed zoning changes, a notice shall be mailed by the Office of
the City Clerk using Certified Mail to all affected property owners (as
defined in subparagraph (6) of paragraph (e) of this section); provided,
however, that failure to receive such notice shall not affect any action
or proceeding taken hereunder.
(h) When any proposed changes of a zoning district boundary lies within
five hundred (500) feet of the boundary of an incorporated or
unincorporated area, notice shall be forwarded to the planning board or
governing body of such body an opportunity to appear at the hearing
and express its opinion on the effect of said district boundary change.
SECTION 2. Severabilitv. If any section, paragraph, phrase or work 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 part of an Ordinance,
in conflict herewith is repealed.
SECTION 4. Effective Date. This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida this
21 st day of May, 2002.
Rocky Randels, MA OR
ATTEST: FOR AGAINST
Jim Morgan Motion
Susan StiH , CITY Ck.E K. = Buzz Petsos X
Rocky Randels X
Richard Treverton Second
APPROVED AS TO FORM:
Larry Weber X
Mark et CITY ATTORNEY
First Public Hearing: May 7, 2002
Legal Ad Published: May 11, 2002
(of Second Public Hearing: May 21, 2002