HomeMy WebLinkAboutOrdinance No. 08-2012 1
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ORDINANCE NO. 08-2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER
110, ZONING, OF THE CODE OF ORDINANCES; ADDING TATTOO AND
BODY PIERCING ESTABLISHMENTS TO THE LIST OF PRINCIPAL
USES AND STRUCTURES IN THE M-1 LIGHT INDUSTRIAL AND
RESEARCH AND DEVELOPMENT DISTRICT; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
I RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY;
AND AN EFFECTIVE DATE.
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1 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 Code does not currently regulate the location of tattoo and/or
1 body-piercing establishments within the City; and
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WHEREAS, in recent years there has been a proliferation or concentration of tattoo
studios and body piercing establishment in neighboring municipalities; and
WHEREAS, the City Council desires to amend the City Code to expressly designate the
M-1 Light Industrial and Research and Development District as the zoning district within which
tattoo and body piercing establishments may locate; and
WHEREAS, the City of Cape Canaveral Planning and Zoning Board has reviewed the
proposed zoning amendment and recommended approval of this Ordinance; 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 this
reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
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Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of
Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strikeetit 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):
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City of Cape Canaveral
Ordinance 08-2012
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CHAPTER 110. ZONING
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ARTICLE VII.DISTRICTS
71
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DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT
DISTRICT
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Sec. 110-352. Principal uses and structures.
1 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:
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(11) Tattoo establishments and those body piercing establishments required to be
licensed under section 381.0075, Florida Statutes, provided however, no such
establishment shall be permitted to locate within 100 feet of any pre-existing residential
use or any property designated residential on the city's comprehensive plan future land
I use map and/or official zoning map.
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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 1
resolutions in conflict herewith, are hereby repealed to the extent of the conflict. !,
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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. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
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
1 validity of the remaining portions of this Ordinance.
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Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
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1 City of Cape Canaveral
' Ordinance 08-2012
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19 thlay of
June , 2012.
, •` ,., -,, C--.- ----,t)C._, ..i\(7-1CA/NA.C/
Rocky RandeIs,Mayor
ATTEST: �
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FOR AGAINST
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John Bond Second
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Angel" Ape> o ,'E-i� erk Bob Hoog x
I Buzz Petsos Motion
Rocky Randels X
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Betty Walsh Absent
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First Legal Ad Published:May 3 , 2012
First Reading: May 15, 2012
Second Legal Ad Published: May 24, 2012
t Second Reading: June 19, 2012
Approved as to legal form and sufficiency for
the City pe Canaveral only:
Anthony A. Garganese,City Attorney
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City of Cape Canaveral
1 Ordinance 08-2012
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C CITY OF CAPE CANAVERAL
NOTICE OF PENDING ORDINANCE
On November 4, 2010, the City Council directed the City staff and City
Attorney to prepare an ordinance regulating tattoo studios and body -piercing
establishments within the City of Cape Canaveral. Such ordinance will
likely impose zoning regulations applicable to the location and operation of
tattoo studios and body -piercing establishments.
You are hereby advised that any building permit or other application related
to tattoo studios or body -piercing establishments submitted after November
4, 2010 shall be subject to the pending ordinance currently being prepared
by the City Attorney and City staff at such time the Ordinance is adopted by
the City Council at a duly noticed public hearing.
Posted 11/12/2010
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