HomeMy WebLinkAboutOrdinance No. 05-2014 removed from Agenda
Removed from 4/15/2014 Agenda. Never adopted
ORDINANCE NO. 05-2014
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING CHAPTER
110, ZONING, OF THE CODE OF ORDINANCES;
PROVIDING FOR THE REVISION OF THE
DEFINITION OF A VARIANCE; 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 of Cape Canaveral believes that under certain limited conditions
and circumstances, the literal interpretation of the Code may deprive a property owner of rights
commonly enjoyed by other properties in the same zoning district; and
WHEREAS
, when such circumstances occur, the City of Cape Canaveral currently
allows a variance from the various zoning district standards for height, area, size of structure or
size of yards and open space; and
WHEREAS,
the City of Cape Canaveral desires to expand the definition of a Variance to
include the ability to request relief from the lot width requirement established for the respective
zoning districts; 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. Amendment to Section 110-1. Definitions.
Section 110-1 of the City Code is hereby
amended as follows (underlined type indicates additions and strikeout type indicates deletions):
Variance
means a relaxation of the terms of this chapter when such variance will
not be contrary to the public interest and when, owing to the conditions peculiar
City of Cape Canaveral
Ordinance No. 05-2014
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to the property and not the results of the actions of the applicant, a literal
enforcement of this chapter would result in unnecessary and undue hardship. As
used in this chapter, a variance is authorized only for height, area, width, size of
structure or size of yards and open spaces; establishment or expansion of a use
otherwise prohibited shall not be allowed by variance nor shall a variance be
granted because of the presence of nonconformities in the zoning district or used
in an adjoining zoning district.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions.
All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in
conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code.
This Ordinance and all Exhibits hereto shall be
incorporated into the City of 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 the City Council of the City of Cape Canaveral, Florida this _____ day of
_______, 2014.
________________________
ROCKY RANDELS, Mayor
For Against
ATTEST: John Bond _____ _____
______________________________ Bob Hoog _____ _____
ANGELA APPERSON, City Clerk
Buzz Petsos _____ _____
Rocky Randels _____ _____
Betty Walsh _____ _____
City of Cape Canaveral
Ordinance No. 05-2014
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First Reading: _____________
Legal Ad published: _____________
Second Reading: _____________
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
______________________________________
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 05-2014
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