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Home My WebLink AboutOrdinance No. 02-2003 l t 1 ORDINANCE NO 02 -2003 1 fl n ,,,. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTIONS 110 -334 & 110 -383; ADOPTING A NEW SECTION 110 -556; PROVIDING FOR SUPPLEMENTARY REGULATIONS FOR VEHICLE RENTAL FACILITIES WITHIN THE C -1 & C -2 ZONING r DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; 4 PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. i , { WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State 4 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and 1 WHEREAS, the leasing or rental of motor vehicles within the City is permitted as a special . exception within the C -1 and C -2 zoning districts ; and WHEREAS, the City has recently received an increase in the number of applications for special exceptions to allow vehicle rental facilities; and it I' WHEREAS, the City Council finds that vehicle rental facilities can, if not properly regulated, p roduce negative visual impacts along its roads, thoroughfares, and abutting residential areas, causing increased traffic congestion and generation, and produces noise associated with the use; and 1 WHEREAS, zoning regulations placing conditions upon certain uses are enforceable where x it is determined that a rational relationship exists between a legitimate government objective, such as establishing aesthetically pleasing corridors, and whether the regulation furthers such purpose. Restigouche, Inv. V. Town of Jupiter, 59 F.3d 1208, 1214 (11th Cir. 1995)., and s WHEREAS, vehicle rental facilities pose distinctive aesthetic concerns for the Cape Canaveral community; and I l WHEREAS, zoning solely for aesthetic purposes is not outside scope of the City's police 1 of policy power. City of Lake Wales v. Lamar Advertising Association of Lakeland, Florida, 414 g So.2d 1030 (Fla. 1982). s. WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this i f 1 f i I i c City of Cape Canaveral t Ordinance No. 02 -2003 t I Page l of 5 I i i x i 1 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: i 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. Section 2. Code Amendment. That sections 110 -334 & 110 -383 of the Code of 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 from the Ordinance of text existing in sections 110 -334 & 110 -383. It is intended that the text in sections 110 -334 & 110 -383 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the } language existing prior to adoption of this Ordinance). Sec. 110 -334. Special exceptions permissible by board of adjustment. * ** (c) Special exceptions may be permitted for the following: * ** (9) New and used automobiles, major recreational equipment and mobile home sales or rentals with accessory services, subject to the following: * ** (14) Vehicle rental facility, as provided in § 110 -556 of this Code. * ** Sec. 110 -383. Special exceptions permissible by the board of adjustment * * * (c) Special exceptions may be permitted for the following: * ** 6. Sales, leasin acid i ental of new and used automobiles, major recreational equipment and mobile homes with accessory services, subject to the following: * ** 13. Vehicle rental facility, as provided in .§ 110 -556 of this Code. Section 3. Code Adoption. That section 110 -556 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby adopted as follows: (underlined type indicates additions and type City of Cape Canaveral Ordinance No. 02 -2003 Page 2 of 5 indicates deletions). s k Sec. 110 - 556. Vehicle rental facility. (a) Definition of vehicle rental facili0 . Vehicle rental facilities shall be defined as commercial establishments where motor vehicles are kept and maintained for lease, where such vehicles are dropped off or picked up and where customers complete all transactions necessary for the short term lease of such vehicle. al Limitations on vehicle rental facilities. Subsequent to March 4, 2003, vehicle rental facilities may only be permitted by special exception in C -1 and C -2 zoning districts subject to the general 1 conditions for special exceptions and the following minimum requirements: W A vehicle rental facility shall not be located within one -third (1/3) of a mile from an existing vehicle rental facility, as defined under this section. For the purposes of this subsection, all measurements of distances shall be along a straight line from the closest property boundary of the existing use to the closest property boundary of the proposed use pp k gg a) Minimum lot area for facilities shall be twelve- thousand (12,000) sq. feet. �3) Minimum lot width, for facilities shall be one - hundred (100) feet; That a continuous, densely planted, greenbelt of not less than fifteen (15) feet in width, penetrated only at points approved by the Cape Canaveral planning and zoning board, under site plan approval, for ingress and egress to the property, shall be provided along all property lines abutting public rights -of -way or properties zoned residential. Said greenbelt shall be in conformance with the requirements of § 110- 566 et seq. of the City Code, as may be amended from time to time Where a wall or fence is to be used as screening, as may be provided within this Code, the greenbelt ff will be located between the property line and the wall or fence such that greenbelt is adjacent to the bordering property; a) Outside areas where the motor vehicles are to be displayed or stored shall be paved and striped in accordance with the City's off - street parking regulations; O All ingress and egress points to abutting streets shall be marked clearly and placed not closer than one - hundred fifty (150) feet apart on the same street and shall not be placed so as to endanger pedestrian traffic; fl Servicing or repair of vehicles is prohibited except within a fully enclosed structure; City of Cape Canaveral Ordinance No. 02 -2003 Page 3 of 5 1 }y a) All outdoor paging or speaker systems are expressly prohibited, and f2) The hours of operation for such facility shall be limited to 7:00 A.M. to 9:00 P.M. daily Secs. 110 -5576 — 110 -565. Reserved Section 4. 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 5. 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 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. Coe [This are left intentionally blank, adoption on next page] 1 City of Cape Canaveral Ordinance No, 02 -2003 Page 4 of 5 pF! ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 4th day of March, 2003. c., C. ROCKY RAND LS, Mayor ATTEST: For Against Bob Hoog Motion Jim Morgan X - .. - "i/ Buzz Petsos Second S A , STILLS, City Clerk Rocky Randels X Richard Treverton X First Reading: • 2/4/03 Legal Ad published: 2/8/03 Second Reading: 3/4/03 Approved as to legal form and sufficiency for the Cit o I ape Canaveral only: ANTHONY A. GARGANESE, City Attorney { F:\Doc, \City of Cape Canaveral \ Ordinances\ Vehicle _Rental_Facilities_02- 2003.wpd City of Cape Canaveral Cre Ordinance No. 02 -2003 Page 5 of 5