HomeMy WebLinkAboutOrdinance No. 02-2014 ORDINANCE NO. 02-2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 110, ZONING, RELATED TO
VARIANCES AND SPECIAL EXCEPTIONS;AUTHORIZING
THE CITY MANAGER TO EXTEND VARIANCE AND
SPECIAL EXCEPTION APPROVALS FOR A PERIOD OF 12
MONTHS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE;SEVERABILITY;AND
AN EFFECTIVE DATE.
WHEREAS,the City is granted the authority,under Section 2(b),Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Code currently provides that variances and special exceptions
approved by the Board of Adjustment shall expire 12 months after the effective date of approval
unless a building permit is issued based upon and incorporating the approved variance or special
exception; and
WHEREAS,the Board of Adjustment is currently authorized to extend the expiration date
for variances and special exceptions for good cause shown upon request of the applicant; and
WHEREAS,the City Council desires to modify the extension procedures to authorize the
City Manager to grant extensions of approved variances and special exceptions; and
WHEREAS, the City Council believes that delegating this extension authority to the City
Manager instead of the Board of Adjustment, as set forth herein, will expedite the processing of
extension requests and preserve the City's resources; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety,and welfare of the citizens of Cape
Canaveral.
NOW,THEREFORE,THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS
FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City
City of Cape Canaveral
Ordinance No. 02-2014
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of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strikeout type indicates deletions,while asterisks(* * *) indicate a deletion from this Ordinance of
text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance):
CHAPTER 110. ZONING
ARTICLE II.PROCEDURE; LAND USE DECISIONS
DIVISION 1. GENERALLY
Sec. 110-32. Expiration of variance or special exception; abandonment.
(a) Any variance or special exception approved by the board of adjustment pursuant to
this article shall expire 12 months after the effective date of such approval unless a building
permit based upon and incorporating the variance or special expiration is issued by the city
within said time period.Upon written request of the property owner,the city manager board
of adjustment may extend the expiration date, without public hearing,by an additional 12-
month period,provided the property owner demonstrates good cause for the extension. Such
request shall be submitted to the city manager board of adj tmciut prior to the expiration of
the first 12-month period.Any extension granted by the city manager pursuant to this section
shall not increase the scope or intensity of the special exception or variance. Further, the
approved special exception or variance shall remain subject to any applicable terms and
conditions imposed as part of the board of adjustment's original approval. In addition,if the
aforementioned building permit is timely issued, and the building permit subsequently
expires and the subject development project is abandoned or discontinued for a period of six
months, the variance or special exception shall be deemed expired and null and void.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council,or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph,number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical,typographical,and like
errors may be corrected and additions, alterations, and omissions,not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
City of Cape Canaveral
Ordinance No.02-2014
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Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of
January
, 2014. gip a
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Rocky Rand s, Mayor
ATTEST: For Against
John Bond Second
AN G 'LA APPE''S S N, Bob Hoog X
City Clerk/Assistant City Manager
Buzz Petsos g
Rocky Randels Absent
Betty Walsh Motion
First Reading: December 17,2013
Legal Ad published: January 2,2014
Second Reading: January 21,2014
Approved as to legal form and sufficiency
for the4 of Cape Canaveral only by:
ANTHON A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No.02-2014
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