HomeMy WebLinkAboutOrdinance No. 10-2013 ORDINANCE NO. 10-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREYARD COUNTY, FLORIDA,
AMENDING CHAPTER 110, ZONING, OF THE CAPE
CANAVERAL CODE OF ORDINANCES RELATED TO
VACATION RESORT CAMPUSES; PROVIDING
REQUIREMENTS FOR VACATION RESORT CAMPUSES;
EXCLUDING VACATION RESORT CAMPUSES FROM THE
RENTAL RESTRICTIONS ON DWELLING UNITS SET
FORTH IN SECTION 110-487; 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, section 110-487 of the City Code currently prohibits the rental of dwelling
units for less than seven(7) consecutive days except for hotels and vacation rentals located in the
C-1 zoning district; and
WHEREAS,the City recognizes that a vacation resort campus,as defined herein, can help
to promote economic development and tourism in the City of Cape Canaveral; and
WHEREAS, the City desires to authorize dwelling unit rentals for less than seven (7)
consecutive days when such rentals occur as part of a"vacation resort campus,"as further described
herein, and subject to certain requirements; 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.
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
strikeout type indicates deletions,while asterisks(* * *)indicate a deletion from this Ordinance of
City of Cape Canaveral
Ordinance No. 10-2013
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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 IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1. GENERALLY
* * *
Sec. 110-487.—Rental restrictions on dwelling units.
It shall be unlawful for any person to rent a dwelling for less than seven consecutive days in
any zoning district, excluding hotels and motels under subsection 110-332(4) and vacation rentals
in the C-1 zoning district, and a vacation resort campus under section 110-491.
* * *
Sec. 110-491.—Vacation resort campus.
A vacation resort campus is a multiple building property that includes a hotel,condominium,
cooperative or timeshare plan, or any combination thereof, and is also a transient public lodging
establishment duly licensed pursuant to Chapter 509, Florida Statutes, and in which the units are
master planned and organized in a campus arrangement that meets the following requirements:
The campus shall be master planned pursuant to the terms and conditions of a
negotiated development agreement approved by the city council;
The campus,as used herein,shall contain a minimum of 25 contiguous acres of C-1
zoned property or a combination of C-1 and R-3 zoned property in which a hotel operation
must exist within the campus;
(c) The campus shall have direct access on a thoroughfare or high capacity roadway;
(d) The campus shall provide indoor and outdoor recreational amenities customarily
provided by a resort for their guests, such as a pool, theater, restaurant, daycare, etc.;
The campus shall include a food service facility that is open to the general public;
f� The total number of units in the campus shall not exceed the maximum density of the
City of Cape Canaveral
Ordinance No. 10-2013
Page 2 of 4
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underlying zoning category; and
All development criteria shall be governed by the underlying zoning category,
including but not limited to building setbacks,building separation,required parking,height
limits and density,unless otherwise agreed by the city in the master development agreement
required by this section.
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 or
, meaning of this Ordinance and the City Code may be freely made.
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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,r'�N4.i 11ective Date. This Ordinance shall become effective immediately upon
adoption=bS'the City-C9i` if%f the City of Cape Canaveral, Florida.
ADOPTED by the ei ,Council of the City of Cape Canaveral, Florida, this 16th da of
f July 9 3 ,
i ‘A (a‘44.%
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%,� Rocky Randels,Mayor
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ATTES��4.• --. .,.• , — g
�c\; - For Against
�� John Bond X
4 % .' roc �-
WAN
i AN LA APPER I Bob Hoog Motion
City Clerk/Assistant City Manager
I Buzz Petsos X
Rocky Randels X
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Betty Walsh Second
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First Reading: June 18, 2013
City of Cape Canaveral
Ordinance No. 10-2013
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\ Legal Adp published: June 27 2013
Second Readi m: July 1, 7011
} Approved as to legal fo rm and s f cie c
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ANTHONY A. GARGANESE, City Attorney
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