HomeMy WebLinkAboutOrdinance No. 06-2013 1
1
1
ORDINANCE NO.06-2013
li
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING CHAPTER 110, ZONING, OF THE CITY CODE
RELATED TO PARKING AND PAVING REQUIREMENTS;
1 AMENDING DEFINITIONS; PROVIDING FOR TEMPORARY
PARKING ON UNPAVED AREAS; 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 of Cape Canaveral City Council believes community events, such as
approved outdoor entertainment events, contribute to the general quality of life for the residents of
Cape Canaveral; and
WHEREAS, the City of Cape Canaveral City Council acknowledges that the successful
execution of such events may require the use of temporary parking on unpaved areas, as approved
by the City; and
WHEREAS, notwithstanding the provision for temporary parking on unpaved areas
outlined herein, the City of Cape Canaveral City Council desires to amend the definition of paving,
to clarify that a finished surface is a requirement of paving work; 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.
1
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.
1
i 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 stfikeeut
I 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
1
Ordinance):
City of Cape Canaveral
Ordinance No.06-2013
Page 1 of 3
i
A
3
1
1
i
i
i
i
I
1
1
ICHAPTER 110. ZONING
4 ARTICLE I. IN GENERAL
1
Sec. 110-1. -Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in the section, except where the context clearly indicates a different meaning:
* * *
p av
Finished surface, as it relates to the definition of"paving"in " in this section, means manipulated
by tool or machine to effectuate a uniform consistency and smoothness in accordance with industry
standards, in a workmanlike manner.
t * * *
I
Paving may consist of the following materials: macadam, asphalt, tar, cement, concrete,
3
pervious concrete, permeable paving, bricks, tile, pavestone, tilestone, flags, flagstone, flagging,
cobblestone, cobbles, curb, kerb, curbstone, kerbstone, edgestone and curbing. All paving material
shall have a fmished surface and must be contained by a permanent border and properly maintained.
i
i
* * *
i
1 ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
* * *
DIVISION 2. OFFSTREET PARKING
1
* * *
J
z
Sec. 110-492.-Location of spaces.
1
* * *
(f) Temporary parking on unpaved areas may be approved by the city manager or
1 designee as part of a permitted outdoor entertainment event or city special event. Such
approval shall apply only to properly licensed, operable motor vehicles for a specified
I limited duration.
i * * *
1
i
i
4
City of Cape Canaveral
1 Ordinance No.06-2013
4
Page 2 of 3
i
i
s
I
i
i
i 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
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 of meaning of this
1 ordinance and the City Code may be freely made.
I
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,
4 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
1
City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of
June , 2Q13.. . ` l
1
Rocky Randels, Mayor
i �° _ .
ATTEST ; L : For Against
4., Y John Bond Second
ANG A ��!_°
Bob Hoog X
City Clerk/Ass tl tj M inager
1 Buzz Petsos Motion
Rocky Randels X
Betty Walsh X
First Reading: May 21, 2013
Legal Ad published: May 30, 2013
Second Reading: June 18, 2013
1
Approv;• • legal form and sufficiency
forth ape Canaveral only by:
ook
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No.06-2013
i
Page 3 of 3
1
r
1