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HomeMy WebLinkAboutOrdinances that did not pass %NO' N400 ORDINANCE AN ORDINANCE AMENDING THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SECTION 645.05, "SITE PLAN SUBMITTAL AND REVIEW PROCEDURES" , BY PROVIDING FOR A ONE-TIME SIX-MONTH EXTENSION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Section 645. 05 of the Code of Ordinances is hereby amended by adding the following sub-section: Sec. 645.05(D) - Expiration of Site Plans All Site Plans shall expire six ( 6 ) months from the date of final approval unless the Building Permit is issued. Site Plans shall only be valid for this time period and for the term of the Building Permit; pro- vided, however, for just cause, the Building Official may grant one, and only one, ninety (90 ) day extension. Said extension shall be in writing. SECTION 2. All portions of the Code in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1986. Mayor ATTEST: City Clerk Approved as to Form: City Attorney rd ,l;2 41100 410 ORDINANCE NO. 12-86 AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL, FLORIDA, A STRAW BALLOT REFERENDUM QUESTION REGARDING POLICE SERVICES; ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council of the City of Cape Canaveral wish to ascertain the community of Cape Canaveral 's feelings regarding Police Services; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Straw Ballot Police Services Referendum shall be submitted to the electors of the City of Cape Canaveral, Florida, on the scheduled November 4, 1986 election. SECTION 2 . The Straw Ballot Police Services Referendum shall consist of the following referendum question, which shall be in the following form: STRAW BALLOT POLICE SERVICES REFERENDUM Would you like to see the City establish it' s own Police Department? Yes No SECTION 3. The City Clerk shall advertise the proposed referendum pursuant to Florida Statutes. SECTION 4 . All portions of the code in conflict herewith are hereby repealed. SECTION 5. This ordinance shall take effect immediately upon its adoption. 10 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1986. Mayor ATTEST: City ClerkT)664)"°11:,(41j Approved as to Form: City Attorney 4 ORDINANCE NO. 22-86 AN ORDINANCE SUBMITTING TO THE ELECTORS OF THE CITY OF CAPE CANAVERAL, FLORIDA, A REFERENDUM QUESTION TO REDUCE THE DENSITY FROM FIFTEEN (15 ) DWELLING UNITS PER ACRE TO TWELVE (12 ) DWELLING UNITS PER ACRE FOR SINGLE AND MULTI-FAMILY RESIDENTIAL UNITS (EXCEPT FOR HOTELS AND MOTELS) IN ALL ZONING DISTRICTS; ESTABLISHING LANGUAGE FOR THE PROPOSED REFERENDUM QUESTION; ESTABLISHING THE DATE FOR THE REFERENDUM ELECTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Density Referendum shall be submitted to the electors of the City of Cape Canaveral, Florida, on the scheduled November 4 , 1986 election SECTION 2. The Density Referendum shall consist of one question which shall be in the following form: Density Referendum Shall the City of Cape Canaveral, Florida, reduce the density from fifteen (15) dwelling units per net acre to twelve (12) dwelling units per net acre for single • and multi-family residential units in all zoning districts, with the exception of hotels and motels which shall remain at thirty (30 ) rental units per net residential acre? Yes No SECTION 3 . The City Clerk shall advertise the proposed referendum pursuant to Florida Statutes. SECTION 4. All portions of the Code in conflict herewith are hereby repealed. SECTION 5. This Ordinance shall become effective immediately 1110 upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1986 . Mayor ATTEST: NAME YES NO 1/>)". " FISCHETTI jeCity Clerk KIDD `1_LEE )1/4/ 1 Approved as to Form: MARCHETTI X 2:!CHOLAS City Attorney 0202'74 ONCE -44.4 al. A I rz:H C ,, ' City of Cape Canaveral ? 105 POLK AVENUE • P.O. BOX 326 .. - CAPE CANAVERAL, FLORIDA 32920 ,, TELEPHONE 305 783-1100 CITY OF CAPE CANAVERAL August 5, 1986 MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: CITY MANAGER w RE: EFFECT OF REDUCED DENSITY ON IMPACT FEES 4 A reduction in the maximum allowable density from 15 units per acre to 12 units per acre will result in a reduction in impact fee collections by 20% . Based upon a review of undeveloped property within the residential zoning classifications, Sewer Impact Fee collections have the potential of falling from approximately $4, 300, 000 to $3, 440 , 000 or a loss of $860, 000. Fire Impact Fee collections have the potential to fall from approximately $490, 000 to $392 , 000, or a loss of $98, 000 . The proposed change in density would not affect the impact fee collections from industrial or commercial developments. i05;4i((4( i(of Aick C. Nutt FCN:ab 41110 ORDINANCE NO. 31-87 AN ORDINANCE AMENDING CHAPTER 311, COUNCIL COMPENSATION, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL , BREVARD COUNTY, FLORIDA , BY ELIMINATING COMPENSATION FOR THE MAYOR AND COUNCIL MEMBERS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH ; PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Council has by adoption of Ordinance No. 25-87 eliminated the compensation for the Mayor and Council LW Members; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1 . Chapter 311, Council Compensation, is hereby repealed in its entirety and replaced with the following: CHAPTER 311 COUNCIL COMPENSATION Sec . 311 . 01 Compensation for Mayor . Commencing with October 1, 1987 and effective thereafter , the com- pensation for the Mayor of the City of Cape Canaveral shall be eliminated. Sec . 311 . 02 Compensation for Council. Commencing with October 1, 1987 and effective thereafter , the compensation for the members of the City Council of the City of Cape Canaveral shall be eliminated. SECTION 2 . All portions of the Code in conflict herewith '! are hereby repealed. SECTION 3 . This Ordinance shall become effective immediate- ly upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1987. Mayor ATTEST: City Clerk / ( b / mia, APPROVED AS TO FORM: NAME YES NO1172.414.44"4-1 $--F, " HOOG OAd-d• 12° • 6 KIDD __ f/t t effY/9�Z^'__" City Attorney LEE L.—' MARCHETTI ✓/ MURPHY ✓ 41100 ORDINANCE NO. 2-88 AN ORDINANCE AMENDING THE ZONING REGU- LATIONS OF THE CITY OF CAPE CANAVERAL , BREVARD COUNTY , FLORIDA BY AMENDING SECTION 637.51 TO ALLOW RETAIL SEAFOOD SALES IN THE C-1 ZONE BY SPECIAL EXCEPT- ION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH ; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Section 637 . 51 of the Zoning Regulations , "C-1 Special Exceptions Permissible by Board of Adjustment" , is hereby amended by adding the following sub-section. Sec. 637. 51(P) Retail Seafood Sales, with any process- ing incident to the retail sale . The processing area shall not exceed 400 square feet. SECTION 2 . All portions of the Code in conflict herewith are hereby repealed. SECTION 3 . This Ordinance shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1988. Mayor ATTEST: City Clerk Approved as to Form: City Attorney °)A]t1 (,' ipaV 6 n AP 15f A rt/ } ORDINANCE NO. 8-88 AN ORDINANCE AMENDING CHAPTER 653 , SIGN CODE , OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY , FLORIDA, BY AMENDING SECTION 653 . 04 , THE DEF- INITION OF "OFF-PREMISE SIGN" ; BY AMENDING THE SUB-SECTION TITLE OF SECTION 653 . 05 ; BY AMENDING THE SUB -SECTION TITLE OF SECTION 653 . 06 ( G ) ; BY AMENDING SECTION 653 . 20 , OFF-PREMISE SIGNS AND SIGNS ON VACANT LAND; RENUMBERING SECTION 653.22; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING [W AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1 . Chapter 653, Sign Code, of the Code of Ordinances is hereby amended by amending Section 653 . 04 , "Definitions" , by establishing the following definition: Off-Premise Sign - A sign not related in its subject matter to the premises , or the use of the premises, on which the sign is located. SECTION 2 . Section 653 . 05 is hereby amended by changing the sub-section title to read Excluded Signs. SECTION 3 . Section 653 .20 is hereby repealed in its entirety and replaced with the following: Sec . 653 . 20 Off-Premise Signs and Signs on Vacant Land Generally Prohibited A . No off-premise signs or signs on vacant land shall be erected , posted , painted , tacked , nailed or otherwise placed or located anywhere in the City of Cape Canaveral. Any off-premise sign is defined as a sign not related in its subject matter to the premises, or the use of the premises , on which the sign is located . The only exceptions to this prohibition of off-premise signs shall be ( 1 ) real-estate signs used solely for the sale or lease of property on which the sign is located, and ( 2) political signs . A political sign shall be any sign used solely to present (W information suggesting a candidate ' s suitability for elected public office , or presenting an issue to be voted upon in the upcoming election . SECTION 4 . Section 653 . 22 , Off-Premise Signs , is hereby renumbered to sub-section 653.20(B) . SECTION 5 . All portions of the Code in conflict herewith are hereby repealed. SECTION 6 . This Ordinance shall become effective immediately upon its adoption. ORDINANCE NO. 8-88 PAGE 1 OE 2 ‘0o, 1400 ADOPTED BY the City Council of the City of Cape Canaveral , Florida, this day of , 1988. Mayor ATTEST: (110 City Clerk Approved as to Form: City Attorney (1, fct)7') ) 4 10 ,2, 1 ORDINANCE NO. 8-88 PAGE 2 OF 2 11.0 ORDINANCE NO. 19-88 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL , BREVARD COUNTY, FLORIDA ; ESTABLISHING PLANNED UNIT DEVELOPMENT REGULATIONS AS SECTION 640 OF THE ZONING CODE; ESTABLISHING RULES AND REGULATIONS; PROVIDING GUIDELINES ; PROVIDING FOR SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH ; PROVIDING AN EFFECTIVE DATE. (11, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Section 640 of the City of Cape Canaveral Code of Ordinances is hereby established as follows: 640. 01 PLANNED UNIT DEVELOPMENT (PUD) PURPOSE AND INTENT The Planned Unit Development is a concept which encourages and permits variation in residential development by allowing deviation in lot size, bulk or type of dwellings, density, lot coverage, and open space from that required in any one residential land use classification under the Zoning Reg- ulations of Cape Canaveral . The Purpose of a Planned Unit Development is to encourage the development of planned res- idential neighborhoods and communities that provide a full range of residence types as well as commercial uses designed to serve the inhabitants of the Planned Unit Development . It is recognized that only through ingenuity, imagination and flexibility can residential developments be produced which are in keeping with the intent of this Section, while departing from the strict application of conventional use and dimension requirements of other zoning districts of Cape Canaveral. This Section is intended to establish procedures and stand- ards for Planned Unit Developments within the city, in order that the following objectives may be attained: A. Accumulation of large areas of usable open spaces for the preservation of natural amenities. B. Flexibility in design to take the greatest advantage of natural land, trees, historical and other features. C. Creation of a variety of housing types and compatible 11110 neighborhood arrangements that give the home buyer greater choice in selecting types of environment and living units. D. Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical development, as well as , utilizing innovative techniques to enhance the visual character of Cape Canaveral. E. Efficient use of land which may result in smaller street and utility networks and reduce development costs. F. Establishment of criteria for the inclusion of compat- ible associated uses to complement the residential areas within the Planned Unit Development. �st ORDINANCE NO. 19-88 t°DU'f ti9 PAGE 1 OF 20 / . 3 G. Simplification of the procedure for obtaining approval of proposed developments through simultaneous review by the City of proposed land use, site consideration, lot and setback considerations , public needs and require- ments, and health and safety factors. 640.03 PUD DEFINITIONS For the purpose of this Section, certain words and terms used herein shall be defined as follows: Words used in the present tense shall include the future tense, words used in the singular number shall include the 111, plural number and words used in the plural number shall in- clude the singular number; and the word " shall " is man- datory , not directive . The word "person" includes any individual , group of persons , firm, corporation , asso- ciation, organization, and any legal public entity. All Suite Resort Complex - A development located on at least twenty (20) acres in which all living units contain kitchen facilities; is licensed under the Department of Business Regulations - Division of Hotels and Restaurants (Chapter 509 Florida Statutes ) ; and which units may be rented for a period of less than one week. Block - An area delineated within a Stage which is sub- divided into lots for single units and individual ownership. Common Open Space - A parcel or parcels of land, or a combination of land and water within the site designated as a Planned Unit Development, and designed and intended for the use or enjoyment of residents of the Planned Unit Development . Common open space shall be integrated through- out the Planned Unit Development to provide for a linked recreational/open space system. Developer - A person, firm, association, syndicate, partner- ship or corporation, who owns land which is developed into a Planned Unit Development and who is actually involved in the construction and creation of a Planned Unit Development. Development Plan - The total site plan of the Planned Unit Development drawn in conformity with the requirements of this Section . Said development plan shall specify and clearly illustrate the location , relationship , design , nature and character of all primary and secondary uses, public and private easements , structures, parking areas , public and private roads and common open space. Development Schedule - A comprehensive statement showing the type and extent of development to be completed within the various practicable time limits and the order in which devel- opment is to be undertaken . A development schedule shall contain an exact description of the specific buildings , facilities, common open space, and other improvements to be developed at the end of each time period. Final Development Plan Application - The application for approval of the final development plan and for approval of the required exhibits as specified in this Section. Final Development Plan - The development plan approved by the City Council of the City of Cape Canaveral and recorded with the Clerk of the Circuit Court of Brevard County ac- cording to the provisions of this Section. ORDINANCE NO. 19-88 PAGE 2 OF 20 410 Lot - A portion of a Block intended for the construction of one dwelling or the transfer of ownership, or both. Planned Unit Development or PUD - An area of land developed as a single entity, or in approved stages in conformity with a final development plan by a developer or group of developers acting jointly, which is totally planned to pro- vide for a variety of residential and compatible uses and common open space. Preliminary Development Plan Application - The application for approval of the use of a site as a Planned Unit Develop- (' ment and for approval of the required exhibits as specified in this Section. Preliminary Development Plan - The development plan ap- proved by the City Council of Cape Canaveral and filed with approval by the City of a Planned Unit Development Zone. Site - The actual physical area to be developed as a Planned '113 ---.t Development, including the natural and created char- acteristics of said area. Site Plan - Detailed, dimensional plan at a reproducible scale providing information and graphic depiction of all physical development relationships to occur within a tract of a PUD. Stage - A specified portion of the Planned Unit Development that may be developed as an independent entity that is de- lineated in the preliminary and final development plan and specified within the development schedule. Tract - An area delineated within a Stage ( except single unit lots) which is separate unto itself having a specific legal description of its boundaries. A "tract" will delin- eate all land uses such as common open space, recreational area , residential areas ( except single unit lots ) , com- mercial area and all other applicable areas. 640. 05 PUD PERMITTED USES Uses permitted in the Planned Unit Development may include and shall be limited to the following: A. Primary Residential Uses . Single family detached; multi-family residential dwelling units ( including apart- ments ) in semi-detached, attached, and multi- storied structures; and an all suite resort complex. B. Secondary Non-Residential Uses. Non-residential uses of a religious , public or semi-public, cultural , recrea- tional or commercial character and personal service centers , offices and professional centers providing services to residents of the Planned Unit Development. Said non-residential uses shall be compatible with and secondary to, the primary residential use. No building devoted primary to a commercial use shall be built or established prior to the primary residential buildings or uses to be designed or intended to serve. C. Hotels , Motels , Restaurants . Hotels , motels and/or restaurants may be permitted upon a consideration of the following criteria: 1. The site of the Planned Unit Development shall con- tain a minimum of twenty ( 20) acres. ORDINANCE NO. 19-88 PAGE 301' 20 ‘010 N400 2. The total acreage used for said hotel, motel and/or restaurant, including necessary parking , support buildings, grounds and appurtenances , shall not be considered within the maximum total acreage percent- age permitted under this Section for commercial uses. 3. The proposed streets and traffic flow and the streets thoroughfares and traffic plan in the area adjacent to the site plan shall be adequate to sup- port the anticipated traffic to be generated by the proposed hotel, motel and/or restaurant. (00 4. Said proposed hotel , motel and/or restaurant use is compatible with the proposed primary residential uses , secondary non-residential uses, and common open space within the Planned Unit Development. 5. Said proposed hotel , motel and/or restaurant use is compatabile with the existing land use classi- fications in the surrounding vicinity. 6. The area of said use shall be calculated as part of the total commercial acreage permitted , and the density shall not exceed thirty (30) units per gross acre as per specific area delineated on the developed plan. 640. 07 PUD COMMON OPEN SPACE, DRAINAGE SYSTEMS, PRIVATE ROADS, AND OTHER RELATED COMMON FACILITIES A. All of the above common facilities shall be maintained for their intended purpose as expressed in the final development plan. One method, or a combination of the following methods , shall be utilized for maintaining common facilities: 1. Public dedication to the City. This method is sub- ject to formal acceptance by the City in its sole discretion. 2. Establishment of an association or non-profit cor- poration of all individuals or corporations owning property within the Planned Unit Development to in- sure the maintenance of all common facilities. 3. Retention of ownership, control and maintenance of common facilities by the developer. B. A privately owned common open space shall continue to 11. conform to its intended use and remain as expressed in the final development plan through the inclusion in all deeds of appropriate restrictions to insure that the common open space is permanently preserved according to the final development plan . Said deed restrictions shall run with the land and be for the benefit of present as well as future property owners and shall con- tain a prohibition against partition. C. All common open space, as well as public and recrea- tional facilities, shall be specifically included in the development schedule and be constructed and fully im- proved by the developer at an equivalent or greater rate than the construction of residential structures. D. If the developer elects to administer common open space through an association or non-profit corporation, said organization shall conform to the following require- ments: ORDINANCE NO. 19-88 PAGE 4 OF 20 1. The developer must establish the association or non-profit corporation prior to the sale of any lots, parcels or tracts. 2. Membership in the association or non-profit cor- poration shall be mandatory for all residential property owners within the Planned Unit Development and said association or corporation shall not dis- criminate in its members or shareholders. 3. The association or non-profit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the trpublic , shall provide for the maintenance, admin- istration and operation of said land and any other land within the Planned Unit Development not publicly or privately owned , and shall secure adequate liability insurance on the land. 4. If the developer elects an association or non-profit corporation as a method of administering common open space, the title to all residential property owners shall include an undivided fee simple estate in all common open space or appropriate shares in the assoc- iation. 640. 09 PUD LAND USE REGULATIONS A. Minimum Sizes 1. The minimum size for a PUD shall be ten (10) acres. 2. The minimum size with commercial uses in a PUD shall be at least twenty ( 20 ) acres and fifty-six ( 56 ) dwelling units. B. Maximum Density The average density permitted in each PUD shall be estab- lished by the City Council , upon recommendation of the Planning and Zoning Board. The criteria for establish- ing an average density includes existing zoning , adequacy of existing and proposed public facilities and services , site characteristics , and the recommended density of any land use involving the area in question. In no case shall maximum density permitted exceed fif- teen ( 15 ) dwelling units per acre and in no case shall the overall number of dwelling units permitted in the PUD be inordinately allocated to any particular portion of the total site area. IP Where a developer elects to develop the property in stages , the cumulative density with each subsequent stage must be approximately the same as the overall density approved for the entire project in that such cumulative density shall not vary upward more than two ( 2 ) units per acre, and that upon completion of all stages, the final density shall be equal to the density approved in the Preliminary Development Plan. C. Minimum Common Recreation and Open Space 1. Twenty-five percent ( 25% ) of the gross site acreage shall be delineated as tracts for common recreation and open space. ORDINANCE NO. 19-88 PAGE 5 OF 20 4100 11.11) 2. "Common recreation and open space" shall be defined as the total amount of improved usable area , in- cluding outdoor space, permanently set aside and designated on the site plan as recreational or open space for use by residents of the PUD. Common open space shall be integrated throughout the Planned Unit Development to provide for a linked recrea- tional/open space system. Such usable space may be in the form of active or passive recreation areas including but not limited to: playgrounds , golf courses , beach frontage, nature trails, and lakes. Common open space shall be improved to the extent necessary to complement the residential uses and may tro contain compatible and complementary structures for the benefit and enjoyment of the residents of the PUD. Easements , parking areas , perimeter setback areas , road rights-of-way and minimum yards , and minimum spacings between dwelling units may not be included in determining open space. Perimeter set- back areas may be included as open space if improve- ments such as bikeways , pedestrian ways, equestrian trails are provided. Water bodies may be used to partially fulfill common open space requirements; calculations for such may not exceed fifty percent of the required open space. The exclusion of water bodies which are in whole or part drainage easements may be waived by the City Council after adequate measures are provided which guarantee in perpetuity a level of water quality acceptable for recreational purposes . Private navigable canals shall not be utilized in fulfilling the common open space require- ment. If golf courses are used to partially fulfill common open space requirements, calculations for such may not exceed sixty percent of the required open space . Where a golf course is utilized to partially fulfill the open space requirement, other facilities to meet the active residential needs of children and adults shall be provided. All water areas included as part of the open space requirement shall be permanent water bodies and shall be im- proved with 3 : 1 minimum sloped edge extending at least 20 feet into the water areas, and planted with grass and maintained around all sides so as not to harbor mosquitoes, insects and rodents, unless it is determined by an environmental review of the water body that such slope or improvements would be detri- mental to the ecology of such water body site. D. Minimum Lot Area, Frontage and Setbacks; and Accessory Uses 1. Minimum lot size for detached single-family structures : An area not less than six thousand ( 6 , 000 ) square feet and having a width of not less than sixty (60 ) feet. The minimum lot size require- ment may be waived by the City Council if the proposed lot( s) all have substantial relationship to the common open space ( e .g . directly adjacent or abut a common open space area) and the arrangement of dwelling units provides for adequate separation of units and the living area of the dwelling unit( s ) is properly related to the configuration of the pro- posed lots . All lots to be platted at less than seven thousand five hundred ( 7 , 500 ) square feet shall be required to have the location of structures set forth on the final development plan. ORDINANCE NO. 19-88 PAGE 6 OF 20 4me vi) 2. Each dwelling unit or other permitted use shall have access to a public street either directly or in- directly via paved road, pedestrian way, court or other area dedicated to public or private use of common easement guaranteeing access. Permitted uses are not required to front on a public dedicated road. The City shall be allowed access on privately owned roads, easements and common open space to insure the police and fire protection of the area to meet emer- gency needs , to conduct City services , and to generally insure the health and safety of the residents of the PUD. 3. Minimum distances between structures and setback shall be : Single-family detached structure - structure shall set back not less than eight ( 8 ) feet from the side lot lines and not less than fif- teen ( 15 ) feet from the rear lot line. On a corner lot, the side street setback shall be not less than twenty-five ( 25 ) feet. However, if a corner lot is contiguous to a key lot, then the side setback shall be in accordance with the front setback provided in part (4) below. The City Council may, upon recom- mendation of Planning and Zoning Board, reduce the required side setbacks and the distances between structures provided that proposed structures do not abut utility easements or otherwise affect the ability to provide and maintain utility service to each lot to provide the usage of zero lot line appli- cation and other innovative building techniques. Between structures of 2 stories or less - 15 feet. Between structures of 3 stories - 20 feet. Between structures of 4 stories - 25 feet. Between structures over 4 stories - 5 feet for each additional story. Between structures of varying heights, the larger distance separation shall be required. 4. Setbacks required between the nearest part of any building wall and the edge of any public right-of-way or private street pavement shall be twenty-five ( 25 ) feet unless waived by the City Council based on the recommendation of the Planning and Zoning Board. A minimum twenty-five ( 25 ) foot setback shall be maintained between the walls of all structures and the property line along the perimeter of the PUD unless waived by the City Council. 5. On property bordering the ocean , a minimum of twenty-five ( 25 ) percent of the frontage shall be left open as breezeway. 6. On property bordering the ocean , all structures shall be set back at least fifty ( 5 0 ) feet from the bluff line or vegetation line, whichever is greater, provided such setback is also subject to the Coastal Setback Line established by the Department of Natural Resources of the State of Florida . On all property bordering other major waterways , all structures shall be setback at least twenty-five ( 25 ) feet from the established shoreline. This set- back shall be free of all uses. ORDINANCE NO. 19-88 PAGE 7 OF 20 41110 *0) E. Maximum Length of Structures One hundred eighty-five ( 185 ) feet unless an excess is specifically authorized by the Planning and Zoning Board. F. Maximum Commercial Use Area 1. The maximum commercial use area permitted within a PUD shall be five ( 5 ) percent of the total gross acreage of the site. If the PUD contains more than five hundred (500) dwelling units , the maximum com- mercial area may be increased to ten (10) percent of the total gross acreage . Said areas shall be sit- uated and buffered so as not to create a detrimental effect on residential areas. 2. Commercial uses area shall be specifically included in the development schedule and shall be constructed and fully improved by the developer at a rate equi- valent to the construction of residential structures. G. Minimum Floor Area Per Unit Single family dwellings ( attached or detached) - 1100 square feet unless waived by the City Council. Duplex - 750 square feet per unit. Multi-family dwellings: Efficiency - 450 square feet One bedroom - 650 square feet Two bedroom - 750 square feet Three bedrooms - 950 square feet Hotel and motel units (where permitted ) - 300 square feet Hotel and motel units with cooking facilities - 400 square feet All Suite Resort Complex - Units shall have the same minimum floor area applicable to multi- family residential units The internal design of the structure shall be compatible with the lot and adjacent single-family dwellings. H. Off-street parking 1. Primary residential uses : A minimum of three ( 3 ) parking spaces per dwelling unit shall be provided. Each space must contain at least 200 square feet of area and be convenient to residential use. Parking areas shall not be separated from associated structures by any public right-of-way . Parking areas shall be landscaped in accordance with Section 639 . 44 of the Zoning Ordinance of Cape Canaveral , Florida. 2. Where the Planned Unit Development consists of single-family detached dwellings on platted lots of less than 6 , 600 square feet, the developer may be ORDINANCE NO. 19-88 PAGE 8 OF 20 410 *110 required to provide an approved designated common area for the parking of campers , travel trailers , recreational trailers and vehicles, boats and boat trailers, and other similar vehicles. I. Underground Utilities Within the PUD, all utilities including telephone, tele- vision cable, and electrical systems shall be installed underground. Primary facilities providing service to the site of the PUD may be exempted from this require- ment. Large transformers shall be placed on the ground and contained within pad mounts , enclosures or vaults . The developer must provide landscaping with shrubs and plants to screen all utility facilities permitted above (W ground. The Planning and Zoning Board may require that substations be screened by trees and shrubs or walls resembling a structure which is compatible with the de- sign of the buildings within the PUD. J. Development Standards The minimum construction requirements for streets or roads , sidewalks , sewer facilities , utilities and drainage shall be in compliance with the requirements of the City Zoning and Building Regulations . Design re- quirements with respect to streets , sidewalks , and drainage may be waived by the City Council upon the rec- ommendation of the Planning and Zoning Board. K. Preservation of Trees Within the Planned Unit Development, all trees of four (4 ) inch diameter or larger shall be preserved unless they exist within: 1. proposed public or private easement or drainage facility 2. proposed structure dimensions 3. five ( 5 ) feet of a proposed structure 4 . proposed driveway 5. proposed golf course or active recreational area 640. 11 PUD CLASSIFICATION OF APPLICATIONS The application sequence and nomenclature for each appli- cation level shall take the form as outlined below. These outlines reflect the Procedures for Preliminary Plan Applica- tion and Final Plan Application. (This outline shows a two stage example) . Planned Unit Development A. Preliminary Development Plan B. Final Development Plan 1. Final Development Plan, Stage One a. Stage One, Tract A Site Plan b. Stage One, Tract B Site Plan c. Stage One, Tract F Site Plan 2 . Final Development Plan, Stage Two a. Stage Two, Tract E Site Plan b. Stage Two, Tract C Site Plan c. Stage Two, Tract D Site Plan ORDINANCE NO. 19-88 PAGE 9 OF 20 4110 '44100 640. 13 PUD PROCEDURE FOR RECEIVING APPROVAL OF A PRE- LIMINARY DEVELOPEMNT PLAN AND TENTATIVE ZONING A. Tentative Development Plan Before submission of a preliminary application for ap- proval as a Planned Unit Development zone, the developer and his registered engineer, architect, and site planner are encouraged to meet with the Building Official and such other personnel as necessary to determine the feasibility and suitability of his application. This step is encouraged so that the developer may obtain in- formation and guidance from City personnel before entering into any binding commitments or incurring sub- stantial expenses of site plan preparation. B. Preliminary Development Plan Application 1. Preliminary Application. A preliminary application shall be submitted to the Planning and Zoning Board by the developer requesting approval of the site as a Planned Unit Development zone , see sub-section ( 3 ) below. Said preliminary application shall con- tain the name of the developer , surveyor and engineer who prepared the development plan and topo- graphic data map , and the name of the proposed Planned Unit Development. 2. Exhibits . The following exhibits shall be attached to the preliminary application: a. Vicinity map indicating the relationship between the Planned Unit Development and its surrounding area including adjacent streets and thorough- fares. b. Development plan that shall contain, but not be limited to, the following information: (1) Proposed name or title of project, and the name of the engineer , architect , and developer. (2 ) North arrow, scale ( 1" - 200 ' or larger ) date and legal description of the proposed site. (3 ) Boundaries of tract shown with bearings, distances , closures and bulkhead lines . All existing easements, section lines, and all existing streets and physical features (110 in and adjoining the project , and the existing zoning. (4 ) Name and location of adjoining developments and subdivisions. (5 ) Proposed parks , school sites , or other public or private open space. (6) Vehicular and pedestrian circulation systems , including off-street parking and loading areas , driveways , and access points. (7 ) Site data , including tabulation of the total number of gross acres in the project, ORDINANCE NO. 19-88 PAGE 10 OF 20 41109 44111) the acreage to be devoted to each of the several types of primary residential and secondary non-residential uses , and the total number of dwelling units. (8 ) Proposed common open space, including the proposed improvements and any complementary structures and the tabulation of the per- cent of the total area devoted to common open space. Areas qualifying for common open space shall be specifically designated on the site plan. 111, (9 ) Delineation of specific areas designated as a proposed stage. (10) General statement, including graphics, in- dicating proposed corridors of drainage and direction, natural drainage areas, specific areas which are to function as retention lakes/ponds, anticipated method for accommo- dating run-off (curb/gutter, swales , other ) and treatment methods for discharge into area waterways for the site to insure con- formity with natural drainage within the vicinity area or with the drainage plan established within the vicinity area. (11) General location within site of each primary residential and secondary non-residential use , and the proposed amount of land to be devoted to individual ownership. (12) Schematic drawing of the elevation and architectural construction of the proposed primary and secondary non-residential structures. (13) The proposed method of dedication and admin- istration of proposed common open space. c. Topographic data map drawn to a scale of two hundred (200) feet to one ( 1 ) inch or larger by a registered surveyor and/or engineer showing: (1) The location of existing property lines both for private property and public property , streets , buildings , water courses , transmission lines , sewers , bridges , culverts and drain pipes, water mains, and any public utility easements. (2) Wooded areas , streams , lakes, marshes, and any physical conditions affecting the site. (3 ) Existing contours based on U. S. Coast and Geodetic data with a contour interval of two ( 2 ) feet and proposed finished ele- vations. 3. Submittal a. The PUD Zoning Application and Preliminary Devel- opment Plan shall be submitted to the Planning and Zoning Board at least 45 days prior to any regularly scheduled meeting of the Board. ORDINANCE NO. 19-88 PAGE 11 OF 20 460 b. The application shall include six ( 6 ) black or blueline prints of the development plan of the proposed Planned Unit Development and a minimum of two ( 2 ) copies of the required exhibits. 4. Application Review. The preliminary development plan shall be reviewed formally by the Building Official and City Council to determine the feasi- bility and suitability of the plan prior to the submission of the PUD zoning application to the Planning and Zoning Board. The Planning and Zoning Board shall then review said preliminary development plan to determine its conformity with the official plans and policies of the City of Cape Canaveral and the requirements of this Section. Upon completion of its review, the Planning and Zoning Board shall recommend to the City Council , the approval , approval subject to conditions, or disapproval of the preliminary development plan application. 5. Review Criteria . The decision of the Planning and Zoning Board on the preliminary development plan application shall include the findings of fact that serve as a basis for its recommendation. In making its recommendation, the Planning and Zoning Board shall consider the following facts: a. Degree of departure of proposed Planned Unit Development from surrounding residential areas in terms of character and density. b. Compatibility within the Planned Unit Develop- ment and relationship with surrounding neighbor- hoods. a. Prevention of erosion and degrading of sur- rounding areas. d . Provision for future public education and recreation facilities , transportation , water supply, sewage disposal, surface drainage, flood control and soil conservation as shown in the preliminary development plan. e. The nature, intent and compatibility of common open space, including the proposed method for the maintenance and conservation of said common open space. f. The feasibility and compatibility of the specified stages contained in the preliminary development plan to exist as an independent development. g. The availability and adequacy of water and sewer service to support the proposed Planned Unit Development. h. The availability and adequacy of primary streets and thoroughfares to support traffic to be gen- erated within the proposed Planned Unit Development. i. The benefits within the proposed development and to the general public to justify the requested departure from the standard land use require- ments inherent in a Planned Unit Development classification. ORDINANCE NO. 19-88 PAGE 12 OF 20 j . The conformity and compatibility of the Planned Unit Development with any adopted development plan of the City. k. The conformity and compatibility of the proposed common open space , primary residential and secondary non-residential uses within the pro- posed Planned Unit Development. 6. Review by the City Council of Cape Canaveral. Upon receiving the recommendation of the Planning and Zoning Board, the City Council shall, at a regularly scheduled public meeting, review said recommendation and preliminary development plan and either approve, approve subject to conditions , or disapprove the preliminary development plan application. Approval of the preliminary development plan indicates ap- proval of the PUD Zoning subject to acceptance of the final development plan . The decision of the City Council shall be based upon a consideration of the facts specified as review criteria for the Planning and Zoning Board in Sub-section "5" above. 7. Recordation of Preliminary Application. In the event the preliminary development plan application is approved by the City Council, a copy of said ap- plication and required exhibits shall be filed with the City Clerk as a permanent record. 640. 15 PUD PROCEDURE FOR SECURING APPROVAL OF A FINAL DEVELOPMENT PLAN The developer shall have two (2 ) years from the approval of the preliminary development plan for a Planned Unit Develop- ment zone in which to file a final development plan application for the entire property or any stage thereof . At the request of the developer , and for good cause shown, the City Council may extend said period required for filing of said application for a time certain. A. Application Procedure. 1. Pre-Application Conference - The applicant shall meet with the Building Department to discuss the basic final development plan requirements outlined herein before submittal of the Final Development Plan. 2. Submittal - The final development plan shall be sub- mitted to the Planning and Zoning Board at least 45 111, days prior to any regularly scheduled meeting of the Board. 3. The Planning and Zoning Board shall recommend the approval , approval subject to conditions , or dis- approval of the final development plan based upon substantial conformity with the preliminary develop- ment plan, the sufficiency and accurateness of the required exhibits, and the requirements and purposes of this Section and the Ordinances and Regulations of Cape Canaveral. If the Planning and Zoning Board determines that the Final Development Plan is not substantially in conformance with the approved Pre- liminary Development Plan, the Planning and Zoning Board shall review the Final Development Plan and determine the acceptability of said plan in view of the preliminary concept as approved and recorded. ORDINANCE NO. 19-88 PAGE 13 OF 20 400 The Planning and Zoning Board shall recommend the approval, approval subject to change, or disapproval of the Final Development Plan. 4. The City Council of Cape Canaveral shall review the recommendations of the Planning and Zoning Board at a regular public meeting of the City Council and shall approve, approve subject to condi- tions , or disapprove the applicable Final Development Plan. B. The Final Development Plan application may request approval for the entire Planned Unit Development or any stage designated in the Preliminary Development Plan containing a minimum of ten (10) acres. 1. Required exhibits: The following exhibits shall be attached to the Final Development Plan application: a. Engineering Plans: The following engineering drawings depicting the detailed plans for services and utilities to serve all tracts , blocks, and other areas shall be provided. (1) Drainage Plan : The Drainage Plan shall indicate: - One foot interval contours based upon coast and geodetic datum. - Proposed finished elevation of each building site and first floor level. - All existing and proposed drainage con- trol and treatment facilities , including the method ( s ) for non-point pollution source treatment, with sizes , grades , and other appropriate structural or non- structural specification. - Proposed orderly disposal of surface water runoff. - Centerline elevations along adjacent streets. (2 ) If deemed necessary by the City, subsurface conditions within property including the location and results of tests made to ascer- tain the conditions of subsurface soil , rock , and groundwater , and the existing depth of groundwater. (3 ) Typical cross-section of proposed grading, streets and sidewalks , swales , retention ponds/lakes, canals, and waterways. (10, (4 ) Proposed type of pavement in accordance with City specification. (5 ) Layout of water distribution , sanitary sewer and storm drainage systems , with grades and sizes indicated. (6 ) Final engineering drawing of water, sani- tary sewer and storm drainage systems and sidewalks , streets, bulkheads, street name signs, and adequate lighting. Said engineering plans shall be in conformity with the requirements and specifications of the City. All dimensions shall be 1" = 50 ' and all angles to the nearest minute. ORDINANCE NO. 19-88 PAGE 14 OF 20 b. A Final Development Plan containing the following information: (1) Dedication by owner and completion of certificate of surveyor. (2 ) The location and dimensions of each primary residential, secondary non-residential , and open space/recreational tract, including each tract's points of ingress and egress. The legal description of each of the afore- mentioned tracts and the specific number of units, including the range of unit types to be constructed within each tract . These items will be affixed to the original linen drawing for recording purposes. (3 ) Location and width of canals and waterways. (4 ) The location, dimensions, and legal descrip- tion of each reservation, easement, street, or any area to be dedicated to public use. (5) Sufficient data to determine readily and reproduce on the site the location, bearing and length of every street, line, lot line, boundary line, block line, and tract line whether curved or straight. (6 ) The radius , central angle, point of tan- gent, tangent distance and arcs and chords of all curved property lines. (7 ) A legal description of the Planned Unit Development boundaries with bearings , distances and tie point. (8 ) Accurate location and description of all monuments and markers. An original linen drawing in india ink of the Final Development Plan shall be filed plus five ( 5 ) black or blueline prints. All dimensions should be 1" = 100 ' , and angles to the nearest second. The Final Development Plan shall be properly signed and executed by the developer as required for recording. The Final Development Plan shall meet the platting requirements of Florida Statutes , Chapter 177 , and all requirements and conditions of the City ' s Regulations applicable to sub- division plats required to be performed or met prior to recordation including, but not limited to, installation and completion of improvements or posting of applicable performance and main- tenance bonds. c. Development schedule: The development schedule shall contain the following information: (1) The order of construction of the tracts and blocks as delineated in the stage develop- ment plan. ORDINANCE NO. 19-88 PAGE 15 OF 20 41100 "4010 (2 ) The proposed dates for the beginning of construction of said tracts and blocks. The proposed date for the completion of construction of said tracts and blocks. (4 ) The proposed schedule for the construction and improvement of common open space with the stage including any complementary buildings. d. Deed restrictions: Deed restriction proposals to preserve the character of the common open space as set forth above. Said deed restric- tions shall include a prohibition against partition by any residential property owner. e. Association or non-profit corporation: If the developer elects this method of administering common open space, the proposed by-laws of the association or the certificate of incorporation and the corporate by-laws of the non-profit cor- poration shall be submitted for approval by the City. f. Instruments : Instruments dedicating all rights-of-way, easements and other public lands shown on the Final Development Plan from all persons having any interest in said land. g. Bill of sale: A bill of sale, conveying to the applicable authority, water and sewer utility lines , mains , lift stations , and other personal property required to be installed by this Section. h. Instruments : Indicating that all necessary off-site easements or dedications have been ac- quired. In lieu of originals , "certified true copies" will be accepted if the recording infor- mation from the public records of Brevard County, Florida is included thereon. i . Title opinion: A title opinion from an attorney showing the status of the title to the site en- compassed by the Final Development Plan and all liens, encumbrances and defects, if any. 2. Recording of Final Development Plan a. After approval by the City Council of the City of Cape Canaveral of the Final Development Plan application , the Developer shall record said plan in the public records of Brevard County , Florida. No Final Development Plan of a Planned Unit Development within the City of Cape Canaveral shall be recorded unless it shall have the approval of the City Council of Cape Canaveral inscribed thereon. b. The transfer of , sale of, aggreement to sell, negotiation to sell land by reference to or exhibition of, or other use of a Final Develop- ment Plan of a Planned Unit Development , or portion thereof that has not been given final approval by the City Council is prohibited. The description by metes and bounds in the instru- ment of transfer or other documents shall not exempt the transaction from such prohibition. ORDINANCE NO. 19-88 PAGE 16 OF 20 3. Site Plans . Submittal and approval of a Site Plan in conformity with the requirements of this Sub- section shall be required of the developer or owner at the same time he is applying for a Final Develop- ment Plan. a. Site Plan Requirements : The Site Plan shall contain the following information, however , the information required may not be limited to these information items . No site plan shall be accepted for review which does not contain all the information stated below: tr (1) The site plan shall have a title affixed which is consistent with the application nomenclature outlined in Subsection 640. 13. (2 ) The name of the owner and the designer/engi- neer/architect responsible for the design of the proposed tract development. (3 ) Each tract site plan shall have a vicinity map indicating the tract' s general location within the total area of the PUD. (4 ) Special requirements specified at either the Preliminary or Final Development Plan application steps, if any. (5) Date , north arrow and graphic scale ( not less than one ( 1 ) inch equals fifty ( 50 ) feet. (6 ) A tabulation of certain data shall be pro- vided: - gross acreage - density - number of units proposed - percent of the tract covered by structures - floor area of dwelling units - number of proposed parking spaces (7 ) Location of the tract in relation to properties adjacent to it which are not part of the PUD and the location of any screening or buffers on such properties. (8) Location and dimensions of all property Ir lines , existing rights-of-way , utility drainage easements and existing streets. (9 ) Location and dimension of all existing and proposed pavement driveway approaches, side- walks, bikeways, curbs and gutters. (10) Location and dimension of all existing and proposed parking areas and loading areas. (11) Location and dimensions of all existing and proposed fire hydrants , meters , water and sewer lines, and subsurface power lines. (12) Location , size, and design of landscaped areas, including any existing trees. (13 ) Location and size of any lakes , ponds , canals or other waters or waterways. ORDINANCE NO. 19-88 PAGE 17 OF 20 (14) All structures and major features fully dimensioned including setbacks and distances between structures. (15) Location and dimensions of all solid waste disposal sites for placements of recep- tacles. (16) Engineering plans as described in the Final Development Plan procedures . The Drainage Plan shall be consistent with the overall drainage plan approval for the Final [110 Development Plan. b. Final Approval . The City Council shall approve a PUD Site Plan if it meets all the requirements stated herein and is consistent with the Final Development Plan as approved by the City Council of the City of Cape Canaveral . Upon the Site Plan being approved and a building permit being issued , the development shall be built sub- stantially in accordance with the Site Plan and the associated specifications . If after such approval , should the owner/applicant or his successors desire to make any changes to said Site Plan, such changes shall first be submitted to the Building Official . If the Building Official deems that there is a substantial change or deviation from that which is shown on the approved Site Plan, the owner/applicant or his successors shall be required to return to the Planning and Zoning Board and the City Council where it is determined that the public interest warrants same. Upon final approval of the Site Plan, a design- ation of such approval shall be incorporated on the Official Zoning Map of the City of Cape Canaveral and said approval shall become a binding condition on the use of the land encom- passed by the approved Site Plan under the applicable PUD Zone. c. Upon approval of the Final Development Plan, the developer may sell or transfer any separately identified parcel or tract of land within the boundaries of the Final Development Plan not designated as common open space or areas specified for the use of all owners with the PUD. (IP 640. 17 PUD PHYSICAL REVIEW The City shall have the right to evaluate the physical lay- out, architectural characteristics, and amenities of the Planned Unit Development and to suggest changes or modifications designed to create compatibililty and con- formity in the variety of uses within the development to insure, protect and promote the health , safety and general welfare of the property owners of the Planned Unit Develop- ment and the residents of the City of Cape Canaveral. 640. 19 PUD BUILDING PERMIT No building permit shall be issued by the City of Cape Canaveral until the final development plan and the appli- cable Site Plan have been approved and duly recorded as provided in this Section. ORDINANCE NO. 19-88 PAGE 18 OF 20 410 640. 21 PUD BONDING Prior to the commencement of construction within a tract or block of a Planned Unit Development , the developer shall file with the City of Cape Canaveral the following contracts and bonds: A. A performance, labor and material payment bond for the completion of the construction of all public improve- ments specified in the final development plan within one ( 1 ) year from the date of commencement of construction. B. A performance, labor and material payment bond for the completion of the construction of all common open areas designated in the final development plan within one (1) year from the date of commencement of construction. C. A maintenance warranty bond in the amount of ten (10) percent of the total cost of the construction of all public improvements to be in force for a period of two (2) years following acceptance by the City of the final construction of said public improvements. D. In lieu of any bond, the developer may use an escrow account to insure the performance of the construction as planned if said account and the administration thereof is approved by the City Council of Cape Canaveral. Performance bonds may only be accepted for public im- provements or for the following private improvements: streets, drainage and common usable open space. All such bonds shall be from a company licensed as a surety in the State of Florida , listed by the U . S . Treasury Department and rated A:AAA in Best' s Insurance Guide. Upon acceptance of all improvements described in Sub-sections "A" and "B" above, said performance and payment bonds shall be released. All of the provisions relating to bonding contained in the Subdivision Regulations of the City of Cape Canaveral shall be fully applicable to the bonds re- quired under this Section. 640. 23 PUD TERMINATION ZONE A. Any owner of all or a portion of land that has been designated a Planned Unit Development under the provisions of this Section can apply to the City for the termination of that portion of a state within an (10 approved final development plan within which his property is located if construction has not been commenced pursuant to said final development plan. The procedure for said termination shall be that applicable to a land use classification change under the Zoning Regulations of the City of Cape Canaveral. B. Failure of the developer to submit a final development plan for the entire development or a stage within the time periods specified in Sub-section 640. 11 shall auto- matically revoke approval of the complete preliminary development plan filed under Sub-section 640. 13 and the site shall revert to the previous Zoning Classification and the Official Zoning Map shall be changed accordingly to reflect such revocation. ORDINANCE NO. 19-88 PAGE 19 OF 20 4111110 640. 25 PUD ENFORCEMENT In addition to any other method of enforcement , the City shall have the power to enforce the provisions of this Section by an appropriate suit in equity. SECTION 2 . If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or ir applications of the ordinance which can be given effect without the invalid provision or application and to this end the provisions of this ordinance are declared severable. SECTION 3 . All portions of the Code in conflict herewith are hereby repealed. SECTION 4 . This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1988. Mayor ATTEST: City Clerk Approved as to Form: City Attorney iv ORDINANCE NO. 19-88 PAGE 20 OF 20 41•00 told ORDINANCE NO. 20-88 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL , BREVARD COUNTY, FLORIDA; RENUMBERING CERTAIN SECTIONS OF THE ZONING CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1 . Section 640 , Townhouse Regulations , of the Zoning Code is hereby renumbered as Section 639. SECTION 2 . Section 639 , Performance Standards , of the Zoning Code is hereby renumbered as Section 641. SECTION 3 . Section 641 , Schedule of Special Exceptions Permissible by Board of Adjustment, is hereby renumbered as Section 642. SECTION 4 . All portions of the Code in conflict herewith are hereby repealed. SECTION 5. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1988. Mayor ATTEST: City Clerk Approved as to Form: City Attorney ,jf 7, D EMERGENCY ORDINANCE NO. AN EMERGENCY ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE ELECTION OF COUNCIL MEMBERS TO PROVIDE FOR A SEAT ELECTION FOR VACANCIES IN AN ELECTED OFFICE; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: (10 Section 1 . Section 231 . 01 The Council. , of the Code of Ordinances is hereby amended as follows: All powers and duties of the City of Cape Canaveral specified in House Bill No. 167 , Laws of Florida, Regular Session 1963, as amended, and of municipal corporations in the General Laws of the State of Florida are vested in the Council . The Council is composed of five ( 5 ) members who are elected at large by the registered electors of the city. Two ( 2 ) members are elected each year to three ( 3 ) year terms except on every third year only one ( 1 ) member, who is also the Mayor, is elected to a three ( 3) year term. Further, should any general election include the election of a Council person due to a vacancy in that office pursuant to Article 3, Section 4, of the Cape Canaveral Charter, then in that event the candidate who wishes to run for that specific vacancy and its remaining term shall so declare and that candidate may not participate in the at large election of the regular three ( 3 ) year term seats. Section 2 . All portions of the Code in conflict herewith are hereby repealed. Section 3. This Ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 1989. [100 Mayor Attest: City ClerkntAx__ C.Ir6'..¢-- 7' ,aco Approved As to Form: j . oc a.a W, E11ALA Q . i1 . /0 - City Attorney ti✓ 1019 ORDINANCE NO. 14-90 AN ORDINANCE AMENDING CHAPTER 654, ALARM SYSTEMS, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY AMENDING THE FEES CHARGED; REPEAL- ING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH ; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1 . Chapter 654, Alarm Systems , of the Code of Ordi- nances of the City of Cape Canaveral, Brevard County, Florida, is hereby amended by repealing Sub-section 654.05 (A) in it' s entirety and replacing with the following: Sec. 654. 05 (A) Owners or lessees of any alarm system shall provide response to the alarm location, when requested, in order to reset or disable the alarm system within forty-five ( 45) minutes of notification. Failure to provide such response shall result in a charge as specified in Section 654. 17 (C) . SECTION 2 . Sub-section 654. 17 (C) of the Alarm System Code is hereby repealed in its entirety and replaced with the follow- ing: Sec. 654. 17 (C) There shall be a service fee charged for any occurrence set forth in Section 654 .05 (A) or Section 654. 17 (A) ( 1 ) according to the following schedule: 1 . First Response (None in last 6 months) : Written Warning 2. Second Response: $ 75 .00 3. Third or Subsequent Response: 150.00 SECTION 3. All portions of the Code in conflict herewith are hereby repealed. SECTION 4. This Ordinance shall take effect immediately 10 upon its adoption. Mayor ATTEST: � jLt City Clerk Approved as to Form: City Attorney imi 114110 ORDINANCE NO. 30-90 AN ORDINANCE AMENDING CHAPTER 541, UTILITY TAX, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY AMENDING THE TAX RATE; PROVIDING SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Cana- veral, Brevard County, Florida, as follows: SECTION 1 . Chapter 541, Utility Tax, of the the Code of Ordinances is hereby amended by repealing Section 541 .02, in its entirety and replacing it with the following: Sec. 541 .02 Utilities Service Tax Established. There is hereby imposed and levied by the City of Cape Canaveral, Florida, on each and every purchase in the City of Cape Canaveral of electricity, metered or bottled gas (Natural, liquified petroleum gas or manu- factured) , water service, telephone service and telegraph service, hereinafter called utilities service, a tax based upon the charge made by the seller to the purchaser for such utilities service at the rate of ten percent (10%) of the total charge. This utility tax shall be applied uniformly to all utilities upon which a tax is levied by the City of Cape Canaveral, Florida. SECTION 2 . SEVERABILITY: If any section, paragraph, subdiv- ision, clause, sentence, or provision of this Ordinance shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this Ordinance, but the effect thereof shall be con- fined to the section, paragraph, subdivision, clause, sentence, or provision involved in said controversy in which such judgment shall be rendered. SECTION 3 . All portions of the Code in conflict herewith are hereby repealed. SECTION 4. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, IP Florida, this day of , 1990. Mayor (� ATTEST: AftdU ( 4t°� a V City Clerk l ,n/` i,c0 Approved as to Form: City Attorney