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HomeMy WebLinkAboutOrdinance No. 12-2014 ORDINANCE NO. 12-2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CITY CODE CHAPTER 22, COMMUNITY DEVELOPMENT, RELATED TO ADMINISTRATIVE EXTENSIONS OF COMMUNITY APPEARANCE BOARD APPROVALS; AMENDING CITY CODE CHAPTER 110, ZONING, RELATED TO ADMINISTRATIVE EXTENSIONS OF SITE PLAN APPROVALS; 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 desires to improve the quality and efficiency of its development review process in an effort to make it less costly and time consuming, and to support economic development in the City; and WHEREAS, in order to facilitate these improvements, the City desires to streamline its development review process by modifying certain development review procedures as set forth herein;and WHEREAS,the City Council desires to authorize the city manager or designee to grant justified extensions of community appearance board approvals and additional site plan approvals; and WHEREAS, the City Council believes that these modifications 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 22, Community Development, and Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows (underlined type indicates additions and stfikeeut type indicates deletions,while asterisks (***)indicate a deletion from this Ordinance of text existing in Chapter 22 or Chapter 110. It is intended that the text in Chapter 22 or Chapter 110 that is denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance 12-2014 Page 1 of 3 CHAPTER 22.COMMUNITY DEVELOPMENT *** ARTICLE III.COMMUNITY APPEARANCE REVIEW *** Sec.22-43.Notice of approval or denial. (a) Promptly after the community appearance board has rendered a decision on a particular application, the board shall prepare and deliver to the applicant thereof a formal written notice which indicates its decision on the application (approval, approval with conditions, denial). If the application is approved with conditions, the notice shall contain a statement which clearly indicates the conditions. If the application is denied,the notice shall contain a statement which indicates the rationale for denial. (b) Approvals by the board shall be valid for a maximum of 12 months from the date the board renders its approval at a public meeting. If the applicant fails to obtain a building permit within the 12- month period, the board's approval shall expire at the end of the period. Upon written request of the applicant,the city manager or designee mav,at his or her sole discretion, grant a request for an additional 12-month period only if justifiable cause is demonstrated. Anv extension granted by the city manager or designee shall remain subject to all terms and conditions imposed as part of the board's original approval. However Notwithstanding the aforesaid, once a building permit is issued, the board approval shall be valid for a time period equal to the permit and shall expire only if the building permit expires. CHAPTER 110 *** ARTICLE VI. SITE PLANS *** Sec.110-224.Expiration. All site plans approved under this article shall expire 12 months after the date of final approval unless the building permit for construction of the principal structure is issued. Upon written request, the city manager or designee may authorize one or more extensions of time for additional periods not exceeding twelve (12) months each, provided that the applicant demonstrates justifiable cause for the extension and there have been no changes in any applicable city regulations since the date of final site plan approval. Anv such extension authorized by the city manager or designee shall remain subject to the terms and conditions imposed as part of the final site plan approval. : •- . .. •.. -- - -- • City of Cape Canaveral Ordinance 12-2014 Page 2 of 3 sole discretion, grant the request for extension only if justifiable cause is demonstrated and there have been no changes in any regulations in the interim. If granted, there shall be a one time extension for no 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. ADOPTED by. s City Council of the City of Cape Canaveral, Florida, this 20th day of January, 2015. ,e, (3.0 C/V ►— �J �— ROCKY RAND LS, Mayor • „ For Against ATTES'It ,l i OD vE C�� `` John Bond Second IY` Bob Hoog X ANG IT7APPERSO , ity Clerk,MMC Buzz Petsos Motion First Reading: December 16,2014 Legal Ad published: December 26,2014 Rocky Randels X Second Reading: January 20,2015 Betty Walsh Absent Approved . to legal form and sufficiency for the 'Pity • Cape Canaveral only by: 411.11i Y A.GARGAN E,City Attorney City of Cape Canaveral Ordinance 12-2014 Page 3 of 3