HomeMy WebLinkAboutOrdinance No. 01-2004 (6.,„) ORDINANCE NO. 01-2004
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL
CODE OF ORDINANCES, CHAPTER 82, BUILDINGS AND
BUILDING REGULATIONS, RELATING TO THE
PERMITTING, INSTALLATION AND LOCATION OF
TEMPORARY STORAGE UNITS; 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 Council finds that the use of temporary storage units by residents and
businesses of the City have dramatically increased in the past few years; and
WHEREAS, this increase in use of temporary storage units has posed new aesthetic and
safety concerns for the community which should be legislatively addressed by the City Council; and
(ipe WHEREAS, the City Council of Cape Canaveral recognizes the need to protect property
values by restricting the installation of temporary storage units; and
WHEREAS, the City Council hereby recognizes and finds that prohibiting the installation
of temporary storage units, except on a temporary basis for limited purposes, furthers the aesthetic
and historical character of the community, especially residential neighborhoods and furthers the
safety and security of property and life during serious weather situations; 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
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 01 -2004
Page l of 4
Section 2. Code Amendment. Chapter 82, Buildings and Building Regulations, 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 Chapter 82. It is intended that the text in Chapter 82 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
CHAPTER 82. BUILDINGS AND BUILDING REGULATIONS
* **
ARTICLE XVI. TEMPORARY STORAGE UNITS
Sec. 82 -400. Temporary storage units.
Definition. For purposes of this section, "temporary storage unit" shall mean a
structure designed and used primarily for storage of building materials, personal or commercial
goods and belongings, and other such material; and that is not intended for permanent installation.
Lb) Permit Required. A supplier of a temporary storage unit shall obtain a permit issued
by the building department prior to supplying and installing or allowing to be installed a temporary
storage unit within the City of Cape Canaveral. The permit shall be limited to a specific address and
shall allow the installation at such address pursuant to the requirements of this Section and
applicable provisions of the City Code including, but not limited to zoning provisions. A permit
fee shall be required by resolution of the city council and collected by the city. The permit shall
contain the dates and times of issuance, installation and removal, the name of the person to whom
the temporary storage unit is supplied, and the address at which the temporary storage unit will be
installed.
Residential Property. Temporary storage units are permitted on property zoned or
used for residential purposes under the following criteria:
11) A maximum of one (1) temporary storage unit is allowed per lot.
(2) The maximum size of the temporary storage unit is ten (10) feet wide,
twenty -four (24) feet long, and nine (9) feet high.
(3) The maximum time for the temporary storage unit to remain on the lot shall
be thirty (30) consecutive days with a maximum of two (2) placements per
year.
City of Cape Canaveral
Ordinance No. 01 -2004
Page 2 of 4
(d) Commercial and Industrial Property. Temporary storage units are permitted on
property zoned or used for commercial or industrial purposes under the following criteria:
(fl A maximum of one (1) temporary storage unit is allowed per half acre, not
to exceed three (3) temporary storage units per lot.
al The maximum time for the temporary storage unit to remain on the lot shall
be thirty (30) consecutive days with a maximum of two (2) placements per
year_
al The temporary storage units shall not be stacked on top of one another.
(e Exceptions. The regulations set forth in Subsections (c), (d)(1) and (d)(2) shall not
apply to temporary storage units that are:
W Installed for construction purposes and in conjunction with a valid and
unexpired building permit, in accordance with Section 553.73(8), Florida
Statutes; or
(2) Authorized by resolution of the City Council and installed during any period
declared an emergency within the City of Cape Canaveral by any
governmental authority.
(f� Weather Emergency Removal. In the event of a tropical storm or hurricane watch
issued by the National Weather Service, the city shall have the right to order the supplier and
property owner to remove the temporary storage unit by providing the supplier at least twenty -four
(24) hours notice of removal. In the event of a tropical storm or hurricane warning issued by the
National Weather Service, the temporary storage unit shall be immediately removed by the supplier
and property owner after the warning being issued. In such situations, the city shall have the right
to enter the property and remove the temporary storage unit if the supplier andproperty owner do
not remove the temporary storage unit as required by this subsection. The supplier and property
owner, jointly and severally, shall be liable for all removal costs incurred by the city and failure to
pay said costs, upon demand by the city, shall constitute a code violation and shall result in a lien
being imposed pursuant to Chapter 162, Florida Statutes, in the amount of said costs.
(g) Permit Extensions. For good cause shown by the owner of the property at which the
temporary storage unit will be supplied, the time periods set forth in subparagraphs (c) and (d) may
be extended by the city manager; provided an extension granted by the city manager shall not extend
more than thirty (30) consecutive days. Good cause being limited to emergencies and situations
where there exists a reasonable risk or threat to life and property damage.
City of Cape Canaveral
Ordinance No 01 -2004
Page 3 of 4
�h,� Liability. Notwithstanding any provision to the contrary, the supplier and property
, Le owner shall be jointly and severally liable for any violation under this Section 82 -400.
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.
I
.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
1
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 2 day of
March, 2004.
, ROCKY RAN Mayor
7
ATTEST ' -- For Against E
Bob Hoog X
Steve Miller SECOND
Jim Morgan MOTION
SUSA STII. SVCity Clerk Rocky Randels X
Richard Treverton X
First Reading: 02/17/04
Legal Ad published: 02/21/04
Second Reading: 03/02/04
Y
Approved as to legal form and sufficiency for fi
the Ci o Cape Canaveral only
k
40111 '
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
C Ordinance No 01 -2004
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