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HomeMy WebLinkAboutOrdinance No. 35-2003 { ORDINANCE NO 35 -2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CITY CODE, RELATING TO SITE PLAN REVIEW; PROVIDING FOR APPEAL TO THE CITY COUNCIL; 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, site plan review approval is a final quasi-judicial determination of the City of Cape Canaveral Planning and Zoning Board; and WHEREAS, the City Council desires to provide for an administrative appeal procedure for site plan review; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ihriv 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: 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 Chapter 110 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and steeut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110 - ZONING * * * City of Cape Canaveral Ordinance No. 35 -2003 Page 1 of 4 ARTICLE VI. SITE PLANS * Sec. 110 -223. Review procedures. * * * (g) The planning and zoning board, following public hearing and review of any submitted site plan, may approve, approve with conditions, or deny the application based upon the site plans compliance with the City's Code and Comprehensive Plan. All decisions of the planning and zoning board are final, subject to the right of appeal to the City Council provided below. (g)(h) If the planning and zoning board elects to grant conditional approval of a site plan, subject to any conditions or contingencies, the applicant shall have 90 days from the date of conditional site plan approval to satisfy any such conditions and/or contingencies. If all conditions and/or contingencies are satisfied, the final site plan approval date shall be either the expiration of the 90 -day period or the date the building official certifies by notation on all city site plan copies, that all conditions and/or contingencies as are satisfied, whichever first occurs. If the conditions and/or contingencies are not satisfied before the expiration of the 90 -day period the conditional approval shall be automatically withdrawn and the application shall stand as denied. The 90 -day compliance period may be extended at the discretion of the planning and zoning board, upon written request of the applicant prior to the expiration of the 90 -day compliance period, and where if the applicant demonstrates unusual circumstances or undue hardship. (mg) The planning and zoning board shall have no authority to consider a proposed site plan unless: (1) The applicant has adequately and completely addressed all items on the site plan checklist prepared by the building official; and (2) The applicant has otherwise complied with all matters contemplated under this section. At any meeting held for that purpose, the planning and zoning board shall table and reschedule any site plan scheduled for consideration which is determined by the building { official not to have complied with all of the requirements of this section. A finding by the building official that a site plan is ready for consideration by the planning and zoning board shall not be construed as binding the board to approve the site plan. City of Cape Canaveral Ordinance No. 35 -2003 Page2of4 - - • : • - . • • - • = • • : application fec. Following a public hearing on any application for site plan approval the planning and zoning board the board's secretary shall send to the applicant, by certified mail, return receipt requested, written notice of the action taken and the right to an appeal, as provided below. Sec. 110 - 223.5. Appeal. Any person(s) or the City aggrieved by the decision of the planning and zoning board to the city council in accordance with the following procedures. The filing of an appeal stays the action of the planning and zoning board until a decision by the city council is rendered. fa,) The applicant may, not later than ten (10) calendar days after receiving notice of final action by the board relating to site plan approval, file with the city clerk a written request for an appeals hearing before the city council. (b) If a written request is filed within the ten (10) day limit and as otherwise provided above, the city council shall consider the request. The city council shall hear, and make a ,, determination on, the appeal within thirty (30) days from the date the written request for an appeal is received by the city clerk. The applicant shall be provided notice of the city council hearing at least seven (7) days prior to the council hearing. The city council shall hear and consider evidence offered by any interested person to determine whether the planning and zoning board properly denied an application for site plan approval in accordance with the City Code and City Comprehensive Plan. The formal rules of evidence do not apply. The city council shall grant or deny the appeal by majority vote in accordance with the council's quorum requirements contained in the City Charter. Failure to reach a majority vote will result in denial of the appeal. Any dispute of fact must be decided on the basis of a competent and substantial evidence. The decision of the city council is final. Judicial review of the denial of site plan approval shall be available only after the administrative procedures and remedies set forth in this section have been exhausted. City of Cape Canaveral Ordinance No. 35 -2003 Page 3 of 4 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. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21 day of October, 2003. C Gk C- ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Second Jim Morgan X Buzz Petsos Motion SUS 'S riS City Clerk Rocky Randels X Richard Treverton X First Reading: 10/07/2003 Legal Ad published: 10/11/2003 Second Reading: 10/21/2003 Approved as to legal form and sufficiency for the City Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney • City of Cape Canaveral Ordinance No. 35 -2003 Page 4 of 4