HomeMy WebLinkAboutOrdinance No. 08-2004 ORDINANCE NO 08 -2004
Cor AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110 OF THE CITY
CODE RELATING TO THE SALE OF FIREWORKS;
PROVIDING DISTANCE REQUIREMENTS FOR
FIREWORK SALES FACILITIES WITHIN THE LIGHT
INDUSTRIAL (M -1) ZONING DISTRICT; 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 State Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
WHEREAS, the City Council finds the sale, display, and storage of fireworks is
inherently hazardous, as evidenced by the U.S. Consumer Products Safety Commission
"2002 Fireworks Annual Report" and Chapter 791, Florida Statutes (2003); and
WHEREAS, the proliferation of the sale of fireworks in the City would be a
danger and detriment to the community; and
C or WHEREAS, the grouping of fireworks sales facilities in close proximity to each
other or to residential areas poses an unreasonable potential safety hazard in the event of
fire; 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:
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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.
Section 2. Code Amendment. That Chapter 110, entitled Zoning, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined
type indicates additions and stfikeeut type indicates deletions, while asterisks (* * *)
indicate a deletion from the 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).
City of Cape Canaveral
Ordinance No. 08 -2004
Page 1 of 3
CHAPTER 110 — ZONING
r ie :' * * *
ARTICLE VII. DISTRICTS
* * *
DIVISION 6. M -1 LIGHT INDUSTRIAL AND RESEARCH AND
DEVELOPMENT DISTRICT
* * *
Sec. 110 -352. Principal uses and structures.
In the M -1 light industrial and research and development district, the following
uses and structures are permitted, provided any use or group of uses that are developed,
either separately or, if developed as a unit with certain site improvements, shared in
common, meet requirements of article IX of this chapter:
* * *
(9) Fireworks sales facilities subject to the following distance requirements:
(a) They shall be at least 1,000 feet from any pre - existing fireworks sales
facilities;
(b) They shall be at least 1,000 feet from any pre- existing residential use or
property designated residential on the City's Comprehensive Plan Future
Land Use Map and/or official zoning map;
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(c) The distance shall be measured as the shortest linear distance between the g'
property line of the proposed fireworks sales facility and any pre - existing
fireworks sales facilities or any pre- existing residential use or property
designated residential on the City's Comprehensive Plan Future Land Use
Map and/or official zoning map.
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
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City of Cape Canaveral
Ordinance No. 08 -2004
Page 2 of 3
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 4th
day of May 2,994.
CaS CCX""Cafk
ROCKY RAND LS, Mayor
q (TEST 5 } r
: L For Against
Bob Hoog X
_!'_ ; Steve Miller Second
S STILLS, � pityClerk Jim Morgan Motion
jon r ��'� Rocky Randels X
Richard Treverton X
First Reading: April 20, 2004
Legal Ad published: April 24, 2004
Second Reading: May 4, 2004
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Approved as to legal form and sufficiency for
the Ci ape Canaveral only
(lue
ANTHONY A. GARGANESE, City Attorney
t ee
City of Cape Canaveral
Ordinance No. 08 -2004
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