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HomeMy WebLinkAboutOrdinance No. 41-2003 ORDINANCE NO. 41 -2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE V, CHAPTER 110 OF THE CITY CODE, ENTITLED NONCONFORMITIES; PROVIDING REGULATIONS FOR NONCONFORMING LOTS OF RECORD; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the Florida Constitution to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City recognizes there are lots of record within the City which are nonconforming for purposes of residential development, but which are conforming under the code for more intense uses, such as town house and commercial development; and WHEREAS, the City desires to amend its code such that where single family dwellings are permitted, they shall be allowed to erected, expanded or altered where such lot fails to meet the minimum area, width or depth criteria for the zoning district; 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: 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. Article V of Chapter 110 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Article V of Chapter 110. It is intended that the text in Article V of 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. 41 -2003 Page 1 of 3 3 I } * * * ( r E ARTICLE V. NONCONFORMITIES 1 * * * Sec. 110 -196. Nonconforming lots of record. In any zoning district in which single - family dwellings are permitted, a single - family dwelling and customary accessory buildings may be erected, expanded, or altered on any single lot , of record, notwithstanding that such lot fails to meet the requirements for area, width, and/or depth for the applicable zoning district. This provision shall only apply where yard dimensions and t` requirements other than area, width, and/or depth conform in all other respects with the land x development regulations for the applicable zoning district. i } Sec. 110-1 Repairs and maintenance. 1 (a) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding ten percent of the replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of the ordinance from which this section is derived shall not be increased and, provided further, that such repair or replacement shall not affect the assessed valuation -time allowance before termination setting the time limit for conformity, set forth in section 110 - 195(6). (b) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting t the public safety, upon order of such official. Sec. 110 - 197198. Temporary uses. t The casual, intermittent, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use. Such use shall not be validated by the adoption of the ordinance from which this section is derived, unless it complies with this chapter. i Sec. 110-1 -110 -220. Reserved. 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. i City of Cape Canaveral Ordinance No. 41 -2003, Page 2of 3 j , ' C 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 P 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 16th day of December, 2003. t , , © G i4 d2'tQ -2a { ROCKY RANDELS, Mayor ATTES y, 3 r , L For Against = Bob Hoog ABSENT Steve Miller SECOND 24.---- Jim Morgan MOTION SUS STILI,,S Clerk Rocky Randels X Richard Treverton X First Reading: 12/2/03 Legal Ad published: 12/6/03 Second Reading: 12/16/03 1 Approved as to legal form and sufficiency for 1' the City • Cap - Canaveral only: ANTHONY A. GARGANESE, City Attorney f t k City of Cape Canaveral ' C Ordinance No. 41 -2003 Page 3 of 3 I A 1 I i t