HomeMy WebLinkAboutOrdinance No. 19-19961
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ORDINANCE NO. 19 -96
AN ORDINANCE OF '1'11.E CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING SECTION
110 -195, NONCONFORMING USES OF STRUCTURES OR OF
STRUCTURES AND PREMISES IN COMBINATION, PROVIDING FOR
THE CONVERSION OF A NONCONFORMING USE; ESTABLISHING
PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral ( "City") has determined that certain uses
of properties within the city have existed since before the adoption of the city's zoning
code; and properties within the City have existed since before the adoption of the City's
zoning code; and
WHEREAS, these pre - existing uses are not consistent with the principal uses
permitted within its zoning districts; and
WHEREAS, the nonconforming uses of the properties are many times used in
conjunction with structures, which themselves are not in conformance with the building
and zoning codes of the City; and
WHEREAS, the City has determined that a re- zoning of these parcels would not
be in the best interests of the City and might be considered "spot zoning;" and
WHEREAS, the City has determined that the granting of a change of
nonconforming uses is more appropriate for these properties where it can be determined
that a change in nonconforming use is in the best interests of the surrounding community
and the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
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City of Cape Canaveral
Ordinance No. 19 -96
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SECTION 1. Chapter 110, Zoning, Section 110 -195, Nonconforming Uses of
Structures or of Structures and Premises in Combination, is hereby amended by the addition
of a new subparagraph (8) as follows:
(8) Notwithstanding subparagraph (7), the board of adjustment may grant a
change of use (used in conjunction with a nonconforming structure and premises)
from one nonconforming use to another nonconforming use which is equally or
more restrictive, less intensive, and more compatible with the surrounding area. A
petition for a change shall be submitted to the building official and shall contain or
be subject to the following:
a. The property owner's name and address, a recorded deed indicating ownership and
the legal description of the property.
b. An affidavit executed before a notary public under penalty of perjury attesting to
the existing use and the date the use was established.
c. A sealed, as -built survey or a scaled drawing of the site along with a notarized
affidavit that the drawing is true and correct. such survey shall show the dimensions, height,
number of units and square footage of all structures, setback of all structures, and distances
between structures.
d. An application fee as established by the city council to be set forth in appendix B
to the zoning code.
e. Clear and convincing evidence that demonstrates that the proposed nonconforming
use (used in conjunction with a nonconforming structure and premises) is as equally or more
restrictive, less intensive, and more compatible with the surrounding area than the present
nonconforming use.
f. All proposed applications shall be submitted to the planning and zoning board for
study and written recommendation. Such proposal shall be submitted at least 14 days prior to the
planning and zoning board meeting at which it is to be considered.
g. The Board of Adjustment shall consider the recommendation of the Planning and
Zoning Board as part of the official record when hearing an application.
h. Notice shall be given at least 15 days in advance of the public hearing. The owner
of the property for which approval is sought or his agent shall be notified by certified mail. Notice
of such hearing shall be posted on the property for which the change of nonconforming use is
sought and at the city hall.
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City of Cape Canaveral
Ordinance No. 19 -96
Page 3
i. A courtesy notice may be mailed to the property owners of record within a
radius of 500 feet; provided, however, failure to mail or receive such courtesy notice shall
not affect any action or proceedings taken under this article.
j. Any party may appear in person or be represented by an attorney at the
public hearing.
k. The Board of Adjustment shall make written findings certifying compliance
in the same manner that is provided for in Section 110-47 of this Chapter. In addition to
the criteria contained in Section 110 -47, the board of adjustment shall also determine if the
proposed nonconforming use is more restrictive, less intensive and more compatible or
appropriate than the present nonconforming use and in its determination the board of
adjustment may consider, including, but not limited to, the following: Will the requested
use (i) use less space; (ii) have fewer employees; (iii) require less parking; (iv) create less
traffic,; (v) have fewer deliveries; (vi) create less noise; (vii) create a better benefit to
surrounding area than previous use; (viii) be more acceptable with the existing and future
use or makeup of the area, (ix) be more normally found in a similar neighborhood; or (x)
be of a less impact than the present nonconforming use?
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.
SECTION 4. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts
of an ordinance or resolution, in conflict herewith are repealed.
SECTION 5. EFFECTIVE DATE. This ordinance shall take effect immediately upon its
adoption.
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City of Cape Canaveral
Ordinance No. 19 -96
Page 4
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ADOPTED BY the eityrCouncil of the City of Cape Canaveral, Florida, this 3rd day of
September; 1996.
ATTEST:
Sandra O. Sims, CITY CLERK
Approved as to Form:
Kohn Bennett, CI /ATTORNEY
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John K. Porter, MAYOR
Name
Burt Bruns
Leo Nicholas
Buzz Petsos
John Porter
Rocky Randels
For Against
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First Reading: August 20, 1996
Posted: August 21, 1996
Published: August 27, 1996
Second Reading: September 3, 1996