HomeMy WebLinkAboutOrdinance No. 05-2013 ORDINANCE NO. 05-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL,FLORIDA,AMENDING CHAPTER 110,
ZONING, OF THE CODE OF ORDINANCES RELATED TO
OUTSIDE STORAGE; PROVIDING FOR A DEFINITION;
REPEALING THE SPECIAL EXCEPTION IN THE C-1 AND
C-2 ZONING DISTRICTS FOR THE COMMERCIAL
ESTABLISHMENTS FOR THE STORAGE OR PARKING OF
RECREATIONAL VEHICLES, TRAILERS AND
TRAILERABLE ITEMS;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, in 2009, the City conducted a community-based, citizen driven Visioning
process to develop a vision and strategy for future development and redevelopment of underutilized
areas located in the City; and
WHEREAS, in order to encourage future development consistent with the principles
developed during the Visioning process, the City desires to amend the actual list of special
exceptions permitted in the C-1 Low Density Commercial and the C-2 Commercial/Manufacturing
Districts to repeal special exceptions for commercial facilities for the storage or parking of
recreational vehicles, trailers and trailerable items; and
WHEREAS,it is the City Council's intent that the outside storage or parking of recreational
vehicles,trailers and trailerable items be generally considered as outside storage,which is permitted
by special exception in the City's M-1 Light Industrial and Research and Development 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.
NOW,THEREFORE,THE CITY OF CAPE CANAVERAL HEREBY ORDAINS,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.
City of Cape Canaveral
Ordinance No.05-2013
Page 1 of 5
Section 2. Amendment to Chapter 110. Zoning. Chapter 110, Zoning, 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 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
ARTICLE I. IN GENERAL
Sec. 110-1. Definitions.
The following words,terms and phrases,when used in this chapter,shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
* * *
Outside storage shall mean the commercial storage of licensed recreational vehicles,trailers,
and trailerable items, goods, wares, merchandise, commodities, or any other item outside of a
completely enclosed building for a continuous period of longer than 24 hours.
* * *
ARTICLE VII.DISTRICTS
* * *
DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT
* * *
im
Section 110-334. Special exceptions permitted by board of adjustment.
* * *
(c) Special exceptions may be permitted for the following:
(11) Reserved. . . ' . . _ . ..
traik,s and tlaikiable iten's,p,ovidrd it i iect the following,
City of Cape Canaveral
Ordinance No.05-2013
Page 2 of 5
}
..,E
a. Minimum lut size of 10,000 squareff,ct.
b. Vehicle stuiagv aiva iimA b ubbel.ud fium view—by cithr-walls,
fk,iik,Ls or hedges.
. . NIP I ' ... . . . . . . . .. . .
fiuin view.
* * *
DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT
DISTRICT
* * *
Sec. 110-354. Special exceptions permissible by the board of adjustment.
* * *
(c) Special exceptions may be granted for the following:
(1) Outside storage,subject to section 110-566,where applicable.
* * *
DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT
* * *
Sec. 110-393. - Special exceptions permissible by the board of adjustment.
* * *
(c) Special exceptions may be permitted for the following:
* * *
(7) Reserved. . • . . . '. •
minimum-
a. Minimum lut size of 10,000 square fcct.
City of Cape Canaveral
Ordinance No.05-2013
Page 3 of 5
4
First Legal Ad Published: February 7,2013
First Reading: February 19,2013
Second Legal Ad published: February 28,2013
Second Reading: March 19,2013
Approved as to legal form and sufficiency for
the City , pe Canaveral only:
/r)
ANTHONY A. GARGANESE, City Attorney
}
City of Cape Canaveral
Ordinance No.05-2013
Page 5 of 5
fiuir vit.v.
* * *
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto 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 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 19th day of
March, 2013.
C4C,CX
ROCKY RA1DELS,Mayor
For Against
ATTEST: - John Bond Second
Bob Hoog X
ANG LA APPE N, City Clerk
Buzz Petsos Motion
Rocky Randels X
Betty Walsh
City of Cape Canaveral
Ordinance No.05-2013
Page4of5