HomeMy WebLinkAboutOrdinance No. 18-2002 i s
ORDINANCE NO 18 -2002
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AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CODE SECTIONS 110 -46, 110 -62,
AND 110 -137; PROVIDING FOR NOTICE TO AFFECTED
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PROPERTY OWNERS IN LAND USE MATTERS;
ESTABLISHING PROCEDURES TO PROVIDE NOTICE;
PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORATION INTO THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law;
and
WHEREAS, the City currently provides courtesy notices to all property owners of record
falling within a radius of five hundred (500) feet from any property seeking a variance or special
exception under the zoning provisions of Chapter 110 of the City Code of Ordinances; and
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WHEREAS, the City adopted Ordinance No. 09 -2002 requiring that notice be given by the
City to any property owners of record whose property falls within five hundred (500) feet of any
L i proposed changes to a zoning district boundary in order to further allow the receipt of comments
from its citizens in the course of considering zoning matters; and
WHEREAS, the City believes that making such requirement mandatory for the consideration
of special exceptions and variances under the City Code of Ordinances will encourage citizens to
participate in the consideration of such matters and will further protect the health, safety, and general
welfare of the citizens of the City; and
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WHEREAS, although it is the City Council's desire to require the aforesaid public notice in
furtherance of the interests stated herein, it is not the intent and purpose of this ordinance to create
a cause of action against the City if the City or any person fails to provide the notice for any particular
variance or special exception application approved or denied by the City. t
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 reference as
legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
City of Cape Canaveral ,
Ordinance No. 18 -2002
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Section 2. Code Amendment That sections 110-46, 110-62, and 110-137 of the Code of
C., Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined type
indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion I
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from the Ordinance of text existing in sections 110-46, 110-62, and 110-137. It is intended that the ,
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text in sections 110-46, 110-62, and 110-137 denoted by the asterisks and set forth in this Ordinance c
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shall remain unchanged from the language existing prior to adoption of this Ordinance). f
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A. Sec. 110-46 is amended as follows: t
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Sec. 110-46. Application; procedures. i
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* * * i
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(3) The property owner for which a special exception is sought shall provide the names i
and addresses of all Affected Property Owners to the City at least thirty days in advance of /
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the planning and zoning board meeting. For the purpose of this section, an Affected Property
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Owner or Owners shall mean any property owner of record owning property which lies within
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a radius of five hundred (500) feet from any boundary of the property for which a special
exception is sought as reflected in the survey or that portion of the map maintained by the tax i
assessor reflecting the boundaries of the parcels affected.
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(4) A notice shall be prepared and mailed by the Office of the City Clerk using certified I
mail to all Affected Property Owners, stating the time, date, and location of the planning and t
zoning meeting and further indicating the role of the planning and zoning board is advisory 1
in nature and that final administrative approval or denial will be before the board of I
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adjustment at a subsequently scheduled meeting; provided however, that failure to receive [
such notice shall not affect any action or proceeding taken hereunder or constitute a defect 1
upon which any claim can be made against the City. 1
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al When any proposed special exception lies within five hundred (500) feet of the i
boundary of any property under another government's jurisdiction, notice shall be forwarded i
to the governing body of the appropriate government authority in order to afford such body
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an opportunity to appear at the hearing and express its opinion on the effect of said proposed I
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special exception. [
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(-5)(6) Notice shall be given at least 15 days in advance of the public hearing before the board
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of adjustment. The owner of the property for which a special exception is sought or his agent ,
shall be notified by certified mail. Notice of such hearing shall be posted on the property for 1
which the special exception is sought and at the city hall and shall be published in a newspaper i
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of regular circulation within the city. 1
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(4) , • . • • • .•11 a V V 11•1 •11'` . .
V 1111 I a aill V I
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•V ,V 11•11 1 II." , • V V a • • 1 UV • • a V a a •
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City of Cape Canaveral ,
Ordinance No. 18-2002 !
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(..., (5)(7) Any party may appear in person or may be represented by an agent or attorney at the
public hearing
(6)(8) The board of adjustment shall make such findings as it is empowered to make under
the various sections of this chapter, but in no case shall the board of adjustment grant a 1
special exception that in any way adversely affects the public interest. 1.
* * *
B. Sec. 110 -62 is amended as follows:
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Sec. 110 -62. Applications; procedures.
* * *
fil The property owner for which a variance is sought shall provide the names and
addresses of all Affected Property Owners to the City at least thirty days in advance of the
planning and zoning board meeting. For the purpose of this section, an Affected Property
Owner or Owners shall mean any property owner of record owning property which lies within
a radius of five hundred (500) feet from any boundary of the property for which a variance
is sought as reflected in the survey or that portion of the map maintained by the tax assessor
reflecting the boundaries of the parcels affected.
04 A notice shall be prepared and mailed by the Office of the City Clerk using certified
mail to all Affected Property Owners, stating the time, date, and location of the planning and
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zoning meeting and further indicating the role of the planning and zoning board is advisory
in nature and that final administrative approval or denial will be before the board of
adjustment at a subsequently scheduled meeting; provided however, that failure to receive
such notice shall not affect any action or proceeding taken hereunder or constitute a defect
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upon which any claim can be made against the City.
f5) When any proposed variance lies within five hundred (500) feet of the boundary of
any property under another government's jurisdiction, notice shall be forwarded to the f
governing body of the appropriate government authority in order to afford such body an
opportunity to appear at the hearing and express its opinion on the effect of said proposed
special exception.
(3) Notice of public hearing before the board of adjustment shall be given as specified for ,
a special exception in section 110 -46 et seq.
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• • , • • • • • • II" , , • • • • • • • 110 • • •, •
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City of Cape Canaveral
Ordinance No. 18 -2002
Page 3 of 6
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(5)0 Any party may appear in person or may be represented by an agent or by attorney at
the public hearing. i
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(6)0) The board of adjustment shall make findings that the requirements of subsection (a)(1)
of this section have been met by the applicant for a variance.
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(7)(9) The board of adjustment shall further make a finding that the reasons set forth in the
application justify the granting of the variance and that the variance is the minimum variance
that will make possible reasonable use of the land, building, or structure.
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('S)(10) The board of adjustment shall further make a finding that the granting of the variance
will be in harmony with the general purpose and intent of this chapter and will not be injurious t
to the neighborhood or otherwise detrimental to the public welfare.
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(9)(11) It is the intent of this subsection to promote compliance by the city board of i `
adjustment with this 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 shall be in writing on the forms which are on file in the city
clerk's office and which may be amended from time to time by a resolution duly adopted by
the city council.
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C. Sec. 110 -137 is amended as follows:
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Sec. 110 -137. Procedure.
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(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:
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* * *
(6) At least thirty days in advance of the planning and zoning board meeting, provided
for in subsection (g) below, the applicant shall provide the names Names and
addresses of all property owners (affected property owners) owning property which
lies within a radius of 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 t;
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(g) For proposed zoning changes, a notice shall be prepared and mailed by the Office of 1
the City Clerk using certified mail to all Aaffected Pproperty Oowners(as defined in
subparagraph (6) of paragraph (e) of this section), stating the time, date, and location of the
planning and zoning meeting and further indicating that role of the planning and zoning board
is advisory in nature and that final legislative approval or denial will be before the city council
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City of Cape Canaveral I t
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at a subsequently scheduled meeting; provided however, that failure to receive such notice
shall not affect any action or proceeding taken hereunder or constitute a defect upon which
any claim can be made against the City.
(h) When any proposed changes of a zoning district boundary lies within five hundred
(500) feet of the boundary of . • . ... . . ; . . . ., n
• • . . • • u _ • • . • : • _ .. • . any property under another
government's jurisdiction, notice shall be forwarded to the governing body ofthe appropriate
government authority in order to afford such body an opportunity to appear at the hearing and
express its opinion on the effect of said district boundary change.
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.
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.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
[Adoption next page] _'
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City of Cape Canaveral
Ordinance No 18 -2002
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of
December 2092: - i, • 1 10 1 '1
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litilli%* 416- gt 4 !
. d e ° 411 - ...
-I - Rocky Randels, Ma sr i.
ATTEST: i
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For Against
. Jim Morgan Motion I
. , .:— A _r, Buzz Pestos X
Susan Shf) , City Rocky Randels X
Richard Treverton Second
First Reading: 12/3/02 Bob Hoog X x°
Legal Ad published: 12/7/02
Second Reading: 12/17/02 1
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Approved as to legal form and sufficiency for
the City f Cape Canaveral only:
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Anthony A. Garganese, City Attorney
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F:\Doe \City of Cape Canaveral \ Ordinances \NoticeZoning_Amend_Sec 110.wpd
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City of Cape Canaveral
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Ordinance No. 18 -2002 r
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