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HomeMy WebLinkAboutOrdinance No. 22-1972MICROF {LIMED 3-I443o ORDINANCE NO. 22-72 AN ORDINANCE AMENDING ORDINANCE NO. 12 -71 BY AMENDING SECTION VII, SCHEDULE OF DISTRICT REGULATION BY THE ADDITION TO THE AREA AND DIMENSION REGULATIONS, R -3 DISTRICT; CHANGES TO THE MINIMUM LOT REQUIREMENTS, C -1 DISTRICT; CHANGES TO THE MINIMUM YARD REQUIREMENTS, C- 2DISTRICT; ADDITIONS TO SECTION XII PERTAINING TO LOCATION OF BUSINESS PLACES LICENSED BY THE FLORIDA BEVERAGE DEPARTMENT AND TO SIZE AND SEATING CAPACITY OF RESTAURANT OR COCKTAIL LOUNGES IN ALLOWING ON- PREMISES CONSUMPTION OF LIQUORS; AND REVISION OF SECTION XIII, PERTAINING TO REVIEW AND APPLICATION OF BUILDING PERMIT PROCEDURE; PROVIDING FOR INCORPORATION INTO. A CITY CODE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: SECTION 1. Ordinance No. 12 -71, Zoning Regulation of the City of Cape Canaveral, Florida, be and the same is hereby amended as follows: (a) Section VII, R -3, paragraph 5, by the addition of the following provision under Area and Dimension Regulations: "Single and Two - Family Residential - Same as R -2 ". (b) Section VII, R -3, paragraph 5, by deleting the heading "Residential and Offices" and substituting therefor the heading "Multi- Family, Residential and Offices ". (c) Section VII, C -1, paragraph 6, by deleting the following language under the heading "Side Interior Lot 0 ft.„ 25 ft. when abutting a residential lot" and substituting therefor the following: "0 ft. , 25 ft. when abutting a residential zoned district ". (d) Section VII, C -2, paragraph 5, by deleting the following language under the heading "Minimum Yard Requirements, Side Interior Lot, None; 25 ft. when abutting a residential lot" and substituting therefor the following: "None; 25 ft. when abutting a residential zoned district". OR 22/2 PAGE 1 OF* MICROFItMED 3.14.80 (e) Section XII, Supplementary District Regulation; by the addition of the following paragraphs: "21. LOCATION OF PLACES OF BUSINESS LICENSED BY THE FLORIDA BEVERAGE DEPARTMENT CONTROLLED. A vendor licensed by the Florida Beverage Department shall not be permitted to conduct his place of business in a location delineated below; and no license shall be granted for said place of business. (a) Within three hundred (300) feet of any existing church, school grounds, or play grounds. (b) Where a vendor licensed by the Florida Beverage Department permits on- premise consumption of beverages, within two thousand (2,000) feet of the front door of the place of business of any other licensed vendor permitting on- premise consumption of beverages. (c) Exceptions to (a) and (b). Restaurants seating 200 or more, hotels and motels with 50 or more guest rooms are exempt from distance requirements specified above. (d) In applying distance requirements under this Section, the specified distance shall be measured following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of said places of business to the main entrance of the church or other place of business licensed by the Florida Beverage Department. In the case of a school or play ground, the nearest property point shall be used. 22. RESTAURANT OR COCKTAIL LOUNGES SIZE AND SEATING CONTROLLED IN ALLOWING ON- PREMISE CONSUMPTION OF LIQUORS. For on- premise consumption of liquors, restaurants or cocktail lounges shall have a building area of two thousand (2, 000) square feet and a seating capacity of one hundred (100) patrons. " (t) Section XIII, paragraph 3 "Application for Building Permit" by the deletion of the first paragraph and substitution therefor of the following paragraph: "3. Applidation for Building Permit. All applications for building permits for any structure and its accessory buildings shall be accompanied by five copies of a structural drawing at a scale acceptable to the building official, in duplicate, showing the following:" (g) Section XIII, paragraph 3, "Application for Building Permit" by the deletion of the last paragraph of sub - paragraph (g) thereof and by substituting therefor, the following: OR 22-72 PAGE Z OF* M ICROFILME© 344-80 "All plans other than single and two - family residences shall be reviewed by the following departments: 1. City Engineer 2. Building Department 3. Zoning and Planning Board Chairman 4. Beautification Board Chairman *5. Florida Department of Natural Resources 'All phases calling for buildings located on the Atlantic Ocean and Banana River are to be reviewed by this Department. (a) The Building Official shall transmit the copies to the various city department heads or chairmen of the various boards involved, for their review and comment, within twenty -four (24) hours of filing. The review by the Building Department shall include, but not be limited to the following areas: To insure that the size and spacing of water mains and fire hydrants are adequate; to ensure that an orderly and safe traffic flow is permitted within the site; and that no traffic problems are created by the proposed ingress and engress routes; and that the plans provide adequate parking; and to ensure that the plans comply with the Southern Standard Building Code and all other applicable Codes and standards which the City has enacted by Ordinance or Resolution. (b) The City Engineer shall review the plan to ensure that Sanitary, Drainage, Paving, Grading facilities are adequate, and other review as may be requested by the Building Official. (c) The Zoning and Planning Board Chairman shall review the plan to see that it is in conformance with the Zoning Ordinance. (d) The Beautification Board Chairman shall review the plan to assure that required landscaping is provided for. (e) Within two weeks from the time said plan is received by the various department heads and chairmen of the various boards, they shall submit, in writing, to the Build- ing Official, a report commenting on the factors relating to the plan which bear upon the public interest. (f) Based upon these reports, the Building Official shall approve, approve subject to conditions, or disapprove the plans. Upon approval, or approval subject to conditions, an appropriate building permit shall be issued. (g) Three copies of the plans shall be returned to the applicant by the Building Official, after he shall have marked such copies either as approved or disapproved, and attested same by his signature on such copy. The original copy and one additional copy of the plan, similarly marked, shall be retained by the Building Official. (h) In the event any of the above department heads or board chairmen are not available to review said plans, the City Manager shall have the authority to review plans in their behalf and submit the required report, or otherwise delegate said authority to review, as he may deem adequate ". OR 22-72 PAGES D MICROFILMED 3.14 40 (h) Section XXVI shall be added as a new section and shall read as follows: "XXVI. INCORPORATION OF ZONING ORDINANCE IN A CODE PROVIDED. This Ordinance may be incorporated in a Code of the City of Cape Canaveral with such changes in subdivision . heading and identification as the codifier deems appropriate and without the notice procedures usually required for zoning ordinance changes. However, in no case shall the substance of a zoning requirement be changed. SECTION 2. This Ordinance shall become effective immed- iately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, on this 5TH day of DECEMBER , 1972. First reading: NOVEMBER 21, 1972 Posted: NOVEMBER 22, 1972 Second reading: DECEMBER 5, 1972 OR 22.72 PAGE'' OF*