HomeMy WebLinkAboutOrdinance No. 05-19961
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ORDINANCE NO. 05-96
AN ORDINANCE OF '111E CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, ESTABLISHING SECTION 110 -48, EXPIRATION,
PROVIDING FOR AN EXPIRATION OF SPECIAL EXCEPTIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of Cape Canaveral, Florida, as
follows:
SECTION 1. Section 110 -48, Expiration, Code of Ordinances of the City of Cape
Canaveral, Florida, is hereby established as follows::
110 -48. Expiration. Any Special Exception granted under this Chapter shall
expire if the applicant has not obtained a certificate of occupancy or occupational
license as appropriate and utilized the special exception within twelve (12) months
of the date of its issuance; provided, however, the Board of Adjustment may
extend this time period by an additional twelve (12) month period if the applicant
can show good cause for the delay. If the applicant desires an extension, the
applicant shall submit its request directly to the Board of Adjustment prior to the
expiration of the first twelve (12) month period. Additionally, a special exception
shall expire and become null and void if the use granted thereunder is abandoned
or otherwise ceases to exist for a period of eighteen (18) consecutive months. As
used herein, abandoned shall mean that the applicant has gone out of business, let
all business licenses lapse or has otherwise changed the use of the property in
conformance with the Code of Ordinances of Cape Canaveral, Florida. Once a
special exception has lapsed due to abandonment, the applicant must resubmit its
special exception request pursuant to Section 110-46 of the code of Ordinances of
Cape Canaveral, Florida.
SECTION 2. Severability. If any section, paragraph, phrase, or word of this ordinance is
held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof,
and it shall be construed to have been a legislative intent to pass this Ordinance without such
unconstitutional or invalid part.
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City of Cape Canaveral, Florida
Ordinance No. 05 -96
Page 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 4th day of June,
1996.
SECTION 3., Conflicting Provisions. Any ordinance, or parts of an ordinance, in conflict
herewith is repealed.
SECTION 4. Effective Date. This Ordinance shall take
adoption.
SaMiira,O. Sims, CITX CLERK
iD t
APPROVED AS TO FORM:
Kohn Bennett, ' TTORNEY
limed' pon its
hn K. Porter, MAYOR