HomeMy WebLinkAboutOrdinance No. 01-19961
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ORDINANCE NO. 01 -96
AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY
PERMITTING ADULT ENTERTAINMENT ESTABLISHMENTS IN THE
M -1 ZONING DISTRICT BY CREATING A NEW SUBPARAGRAPH (7)
TO SECTION 110 -352; PROVIDING. DEFINITIONS; PROVIDING FOR
THE AMORTIZATION OF NON- CONFORMING USES; PROVIDING FOR
A MEASUREMENT OF DISTANCES BETWEEN ADULT
ENTERTAINMENT ESTABLISHMENTS AND OTHER USES;
ESTABLISHING A PROVISION FOR WAIVERS; PROVIDING FOR
SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
WHEREAS, this Ordinance is for the purposes of promoting the health, safety, morals
and welfare of the inhabitants of the City of Cape Canaveral, Brevard County, Florida; and
WHEREAS, the City of Cape Canaveral Planning and Zoning Board has reviewed and
recommended this Ordinance for approval at a public hearing to the City Council; and
WHEREAS, the City Council has previously made certain findings of fact relating to the
adverse secondary affects of adult entertainment establishments as codified in Cape Canaveral
Code Section 10 -90, which are hereby fully incorporated herein by reference and attached hereto
as Exhibit "A "; and
WHEREAS, at a public hearing on January 30, 1996, the City Council was provided
additional evidence relating to the adverse secondary affects of adult entertainment establishments
by the Brevard County Sheriff's Department; and
WHEREAS, the City Council has studied all areas of the City of Cape Canaveral in
which adult entertainment establishments could be located, and has determined that the zoning
set aside in this Ordinance is the one within the City where the adverse secondary effects
associated with adult entertainment may most effectively be minimized. It has also determined
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City of Cape Canaveral
Ordinance No. 01 -96
Page 2
that the proposed zoning will best serve to shelter its children, its residential properties and its
commerce from those adverse effects and will best serve to promote the health, safety and
welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. Section 110 -352, Principal Uses and Structures, is hereby amended by
the addition of the following subsection (7):
Section 110 - 352(7) - Adult Entertainment Establishments, providing it complies
with the following provisions:
a. Definitions - Where applicable, words or phrases used in this subsection shall be
defined according to Chapter 10, Article IV of the Cape Canaveral City Code.
b. Prohibited Locations - Notwithstanding any other provision of the Zoning
Ordinance of the City of Cape Canaveral, no person shall cause or permit the
establishment of an adult entertainment establishment within 1,000 feet of another
such establishment or within 1,000 feet of any pre- existing religious institution,
school, public park, or any residentially zoned district (R -1, R -2, R -3). This
provision shall also apply to adult entertainment establishments, religious
institutions, public parks and areas zoned for residential use that lie outside of the
City of Cape Canaveral.
c. Permissible Locations - Notwithstanding any other provisions of the Zoning
Ordinance of the City of Cape Canaveral, except those contained in subparagraph
(b), Prohibited Locations, above, adult entertainment establishments shall be
allowed in the M -1 zoning district.
d. Measurement of Distance - The distance between any two adult entertainment
establishments shall be measured in a straight line, without regard to intervening
structures, from the closest exterior structural wall of each such establishment.
The distance between any adult entertainment establishment and any residential
zoning district, religious institution, public park or school shall be measured in
a straight line, without regard to intervening structures, from the closest exterior
structural wall of the adult entertainment establishment to the nearest boundary
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City of Cape Canaveral
Ordinance No. 01 -96
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of the area zoned for residential use, or nearest property boundary of any
religious institution, public park or school.
e. Amortization of Nonconforming Uses - The operation of an adult entertainment
establishment which, on the effective date of this Ordinance, is operating, or is
found by a court of law to have had a right to operate, within 1,000 feet of
another such establishment; within 1,000 feet of any pre - existing religious
institution, school, public park, or area zoned for residential use, shall be
discontinued by September 1, 1999, if such business continues to be within 1,000
feet of another such business or within 1,000 feet of any religious institution,
school, public park, or area zoned for residential use.
In the event two or more adult entertainment establishments are located within
1,000 feet of each other and qualify under this Section as nonconforming uses,
the first of said establishments to have initiated operations within the City of Cape
Canaveral, provided it otherwise complied with all applicable zoning regulations,
shall be permitted to continue operation at its established location and the location
of all other adult entertainment establishments that continue to be within 1,000
feet of said establishment shall be discontinued by September 1, 1999.
f. Waiver - The City Council of the City of Cape Canaveral, Florida, may waive
the distance requirements of subparagraph (4) above if it finds:
a. That the proposed use will not be contrary to the public interest or
injurious to nearby properties, and that the spirit and intent of the Zoning
Ordinance will be observed;
b. That all applicable provisions of this Ordinance and the City of Cape
Canaveral Adult Entertainment Code will be observed; and
c. That the proposed use will not be contrary to any adopted land use plan.
SECTION 2. If any provision of this Ordinance or the application thereof to any person
or circumstance is held invalid, the invalidity shall not affect other provisions or applications of
the Ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this Ordinance are declared severable.
SECTION 3. All portions of the Code in conflict herewith are hereby repealed.
City of Cape Canaveral, Florida
Ordinance No. 01 -96
Page 4
SECTION 4. This Ordinance shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape
of January, 1996.
ATTEST:
ra 41, °'X6s! C`, ,LRK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
NAME FOR AGAINST
BRUNS
x
NICHOLAS ABSENT
PETSOS x
PORTER
x
RANDELS x
First Reading: 1/16/96
Posted: 1/17/96
Published: 1/05/96 &
Second Reading :1 /30/96