HomeMy WebLinkAboutOrdinance No. 15-2014 ORDINANCE NO. 15-2014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110
ZONING, RELATED TO SETBACK ENCROACHMENTS;
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 Local Government Comprehensive Planning and Land Development Regulation
Act set forth in Chapter 163 of the Florida Statutes provides for the ability of the City of Cape Canaveral
to plan for its future development and growth and provide necessary regulations for same; and
WHEREAS, the City Council finds a need to modify the City Code to permit air conditioner
units and pool equipment components to encroach into side and rear setbacks; and
WHEREAS, the City of Cape Canaveral Planning and Zoning Board reviewed the proposed code
amendment at two duly noticed public hearings held on August 27, 2014, and October 8, 2014,
respectively, and said Board and city staff recommended approval of such amendment; and
WHEREAS, the City Council of Cape Canaveral, Florida, hereby finds this Ordinance to be in
the best interest 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 of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions 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
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ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
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DIVISION 5. SETBACKS
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City of Cape Canaveral
Ordinance No. 15-2014
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Sec.110-538. Encroachments.
Every part of every required setback shall be open and unobstructed from the ground to the sky,
except as follows or as otherwise pennitted in this chapter:
(1) Sills or belt courses may project not over 18 inches into a required setback.
(2) Movable awnings may project not over three feet into a required setback.
(3) Chimneys, fireplaces or pilasters may project not over two feet into a required setback.
(4) Fire escapes, stairways and balconies which are unroofed and unenclosed may project not over
five feet into a required rear setback or not over three feet into a side setback and shall not project
into a required front setback of a multiple dwelling,hotel or motel.
(5) Hoods, canopies or marquees may project not over three feet into a required setback.
(6) Fences,walls and hedges shall be permitted in the required setback, subject to this chapter.
(7) Open, unenclosed porches, platforms or paved terraces not covered by a roof or a canopy and
which do not extend above the level of the first floor of the building may extend or project into
the required setback.
(8) Signs for on-site advertising shall be in conformance with chapter 94 pertaining to signs.
(9) Roof overhangs(eaves)may project not over two feet into a required setback.
(10) Air conditioner units and pool equipment may project not over five feet into a required rear or
side setback.
(11) Emergency pad-mounted generators as provided for in section 110-484.
(12) Conveyor systems may be located within setbacks in the M-1 light industrial and research and
development district by special exception, for purposes of moving aggregate and other materials.
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.
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.
City of Cape Canaveral
Ordinance No. 15-2014
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ADOPTED by the City Council of the City of Cape Canaveral, Florida this 16th day of
December,2014.
yt
ROCKY RANDELS,Mayor
ATTEST:
For Against
_ John Bond Second
11 . emOnoet
AN ELA APPS N,City Clerk,MMC Bob Hoog X
Buzz Petsos X
First Reading: November 18, 2014
Legal Ad published: December 4, 2014 Rocky Randels X
Second Reading: December 16, 2014
Betty Walsh Motion
Approved as to legal form and sufficiency 7for the Cit of Cape Canaveral only by:
A T N A.GARGANESE,City Attorney
City of Cape Canaveral
Ordinance No. 15-2014
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