It is not intended by this article to repeal, abrogate, annul or in any other way impair or interfere with existing provisions of other laws, or ordinances, except those specifically repealed by this article, or with private agreements, or with restrictive covenants running with the land to which the city is a party. Where this article imposes a greater restriction upon land, buildings or structures than is imposed or required by such existing provisions of law, ordinance, contract or deed, the provisions of this article shall control.

(Ord. No. 22-2007, § 2, 8-14-07)

(a)

Intent and purpose. Pursuant to Article III, Section 3 of the City Charter, all powers are vested in the city council unless otherwise provided in the City Charter or by law. The city is also granted the authority, under Section 2(b), Article VIII of the state Constitution and Article II of the City Charter, to exercise any power for municipal purposes, except when expressly prohibited by law. In furtherance of this power and authority, it is the intent and purpose of this section to establish the city council's plenary authority over local zoning issues unless otherwise provided by law. It is also the intent and purpose of this section to provide that the city council, as the elected representatives of the city, shall be exclusively responsible and accountable for the use of land which is owned, leased, or controlled by the city and for development projects that are related to the provision and placement of city facilities on said lands.

(b)

Exclusive authority. The city council shall have the exclusive legislative authority to establish, amend, or repeal the zoning laws of the city. The city council shall also have the exclusive authority to approve or deny all uses of land and development projects on any and all lands owned, leased, or controlled by the City of Cocoa.

(c)

Procedural requirements. In furtherance of the authority granted to the city council by the City Charter, the Florida Constitution, and under this section, the city council shall be required to authorize all uses of land and development projects on any and all lands owned, leased, or controlled by the City of Cocoa within and outside the boundaries of the city. Public notice and hearing shall be required before the city council authorizes any said land use and development project, except the installation and maintenance of city water, sewer, stormwater, and reuse utility infrastructure within rights-of-way and easements are hereby expressly authorized.

(d)

Planning and zoning board/LPA recommendations. The planning and zoning board/LPA shall be required to make a recommendation to the city council regarding all proposed uses of land and development projects on lands owned, leased, or controlled by the city of Cocoa within the boundaries of the city.

(e)

Exemptions. Nothing in Appendix A—Zoning or the city code shall prevent any use of land or any development project on land owned, leased, or controlled by the city of Cocoa, provided said use of land or development project has been approved by the city council. The city council may over-ride any provision of Appendix A—Zoning or the city code which may be applicable to any said use of land or development project upon a finding that the public interest favoring the proposed over-ride outweighs the strict application of Appendix A—Zoning or the city code.

(f)

Conflicts. To the extent that any provision contained in this section conflicts with any other provision of Appendix A—Zoning or the city code, the provisions of this section shall prevail.

(Ord. No. 22-2007, § 2, 8-14-07)