HomeMy WebLinkAboutOrdinance No. 02-1990ORDINANCE NO. 2 -90
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, ESTABLISHING CHAPTER 660, LAND
DEVELOPMENT CODE; PROVIDING SEVERABILITY,
REPEALING ALL PORTIONS OF THE CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, in compliance with Section
163.3202, Florida Statutes, must adopt, amend, and enforce land development
regulations which are consistent with and implement its Comprehensive Plan;
and
WHEREAS, Section 163.3202, Florida Statutes, further requires that
these regulations be combined and compiled into a single land development
code; and
WHEREAS, the City Council has determined that it shall adopt these land
development regulations into this Chapter 660 by reference and said action is
in compliance and is consistent with the goals and objectives of the City of
Cape Canaveral Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of
Cape Canaveral, Florida, as follows:
SECTION 1. Chapter 660, Land Development Code is hereby
established as follows:
Sec. 660.01. Authority: Intent.
A. Chapter 163.3202, Florida Statutes, The Local Government
Comprehensive Planning and Land Development Regulation Act (LGCPLDRA)
of 1985, requires each local government to adopt or amend and enforce Land
Development Regulations (LDR's) that are consistent with and implement its
adopted Comprehensive Plan. It also specifies that these regulations shall be
combined and compiled into a single Land Development Code.
The Statute requires that the Land Development Regulations contain specific
and detailed provisions necessary or desirable to implement the adopted
Comprehensive Plan and that they encompass at a minimum the following
subject matter:
(1) Regulating the subdivision of land;
(2) Regulating the use of land and water for those land use categories
included in the land use element; ensuring the compatibility of adjacent
land uses; and providing for open space;
(3) Providing for the protection of potable water wellfields;
(4) Regulating areas subject to seasonal and periodic flooding and
providing for drainage and stormwater management;
(5) Ensuring the protection of environmentally sensitive lands designated
in the Comprehensive Plan;
(6) Regulating signage;
(7) Providing that public facilities and services meet or exceed the
standards established in the capital improvements element and are
available when needed for development, or that development orders and
ORDINANCE NO. 2 -90
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permits are conditioned on the availability of these public facilities and
services necessary to serve proposed development;
(8) Ensuring safe and convenient on -site traffic flow, considering needed
vehicle parking.
B. The City of Cape Canaveral intends, through the adoption of this
Chapter 660, to combine and compile the necessary Land Development
Regulations (Code) as required by the LGCPLDRA and described herein. This
effort includes some changes in and additions to existing LDR's which are
based upon Policies contained in the City's Comprehensive Plan as adopted in
October, 1988 and as amended. Although some elements of existing applicable
Land Development Regulations are located in other chapters of the City Code,
all such elements are cited here and are by reference, adopted herein and
made a part of the single Land Development Code.
No regulations have been included for the protection of potable water wellfields
since no such wellfields exist either within the City Limits or nearby. Potable
water is obtained from the City of Cocoa.
Since Chapter 163.3202 (g) F.S. requires that public facilities and services be
available when needed (concurrently with project impact) for proposed
development, the City's Land Development Regulations have been revised to
include a mechanism, the Concurrency Management System (CMS), which is
intended and designed to ensure compliance with the stated "concurrency"
requirement.
Sec. 660.03 Land Development Regulations.
The following Chapters of the City Code contain regulations which, in
whole or in part, fall within the definition of Land Development Regulations and
are hereby adopted together with any subsequent amendments by reference as
are more fully set forth herein.
1) Chapter 257: Planning & Zoning Board.
2) Chapter 261: Local Planning Agency.
3) Chapter 265: Code Enforcement Board.
4) Chapter 501: Establishment of Streets.
5) Chapter 503: Subdivision of Land.
6) Chapter 535: Sewer Impact Assessment.
7) Chapter 537: Impact Fees.
8) Chapter 547: Building Permit and Development Fees.
9) Chapter 611: Building Code.
10) Chapter 620: Standard Unsafe Building Abatement Code.
11) Chapter 622: Land Clearing Boring.
12) Chapter 624: Flood Damage Prevention.
13) Chapter 625: Standard Excavation and Grading Code.
14) Chapters 631 -647: Zoning Regulations (including Planned
Unit Development and Board of Adjustment regulations).
15) Chapter 651: Beaches and Dunes.
16) Chapter 652: Aesthetic Regulations.
17) Chapter 653: Sign Code.
18) Chapter 655: Birds Protected.
19) Chapter 657: Tree Protection.
20) Chapter 662: Concurrency Management System.
21) Chapter 664: Stormwater Management.
22) Chapter 667: Wetlands Protection.
23) Chapter 673: Garbage and Trash Removal.
24) Chapter 675: Litter and Waste.
25) Chapter 683: Off- Roadway Regulations.
26) Chapter 685: Parking Regulations.
27) Chapter 713: Spill -Over Lighting Control.
ORDINANCE NO. 2 -90
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In addition, the Comprehensive Plan (Chapter 630) and the City Charter
contain certain provisions which may be considered to constitute a part of the
Land Development Regulations.
SECTION 2. Severability. If any section, paragraph, phrase or word of
this Ordinance for any reason is held to be unconstitutional or invalid, such
holding shall not affect the remaining portions hereof and it shall be construed
to have been the legislative intent to passthis Ordinance without such
unconstitutional or invalid part..
SECTION 3. Repeal. All ordinance parts of ordinance in conflict
herewith are hereby repealed.
SECTION 4. Effective Date. This Ordinance shall take effect immediately
upon adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida this
25thday of January , 1990.
City Attorney
1
NAME
YES
NO
ARABIAN
X
PORTER
X
RANDELS Absent
SALAMONE
X
THURM
X
First Reading 1 -11 -90
Posted: 1 -12 -90
Advertised: 1 -15 -90
Second Reading: 1 -25 -90
ORDINANCE NO. 2 -90
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