HomeMy WebLinkAboutOrdinance No. 81-1964ZONING. •ORD INAN.cE.
NO. 81-64
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MICROFILMED 3.13.80
ORDINANCE NO. 81-64
AN ORDINANCE TO B33 KNOWN AS THE ZONING
ORDINANCE OF TM CITY OF CAPE CANAVERAL,
FLORIDA, Q2NDING ORDINANCE NO. I1-62
AND RTIL:ITING TD RrGU1,ATING TIti: NUMBER OF
STORIES AND SIZE OF STORIES AND SIZE OF
BUILDING AND OTHER STRUC'TUR':S: THE PER-
MITAGE OF IAT THAT MAY BE OCCUPED, THE
SIZE OF YARDS, COURTS AIID OTHER OPEN
SPACL0: TIV DENSITY OF POPULATION AND THE
U11; OF BUILDINGS, STRUCTURES, LAND AND
WATER AWA; FOR TRADE, INDUSTRY, RESIDENCE
OR OTHER PURPOSES: FOR SUCH PURP05E.5
MATING DISTRICTS AND ESTABLISHING THE
BOUNDARICS THER.;OF: WINING CERTAIN
TERMS USED IGREIN: PROVIDING FOR THE W71I0D
OF ADMINISTRATION AND AI0iMNT: I:,3TABLISH-
INC A BOARD OF ADJUSTI."' T AND PROVIDING
PENALTIES FOR VIOLATION: PRiOVIDING At,
EFFECTIVE DATE.
1J0R77.A5, for the purposes of promoting health, safety,
AMENDED
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morals and welfare of the inhabitants of the City of Cape Canaveral,
Florida, including among other things the lessening of congestion
in streets, securing safety from fire and other dangers; providing
adequate light and air; promotinu such distribution of the population
and distribution of land development as will tend to facilitate and
conserve adequate provisions for t ransporation, water supply,
sewerage, drainage, sanitation, recreation and other purposes,
Ordinance No. 11-62, the Zoning Ordinance of the City of Cape
Canaveral, Florida,is hereby amended:
NO'.t THER�-ORE, M; IT ORDAINED BY THE. CITY COUNCIL OF
THI, CI'T'Y OF CtWT, CANAVERAL, FLORIDA:
-SECTIOV 1. Ordinance No. 11-62 is hereby amended by
striking all Section, sub -sections, paragraphs, sub -paragraphs,
sentences, phrases and words following the enactinn clause and
substituting in lieu thereof the following:
OR 81-64
PAGE I OF 64
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IVAROFILMED 3.13-80
ARTICLE I. ESTABLISHWENT OF
DISTRICTS: PROVISION FOR OFFIC LlL ZONBJG FUP
1. The city is hereby divided into zones, or
districts, as shotim on the Official Zoning Map which,
together with all explanatory matter thereon, is hereby adopted
by reference and declared to be a part of this ordinance.
2. The Official Zoning Map shall be identified
by the signature of the Mayor attested by the City Clerk,
and bearing, the seal of the city under the following words;
"This is to certify that this is the Official Zoning Hap
referred to in Section 1 of the Ordinance !lumber ? I - Ly
of the City of Cape Canaveral, Florida," together with the
date of the adoption of this ordinance.
3. If, in accordance with the provisions of this
ordinance and Chapter 63-1187 Special Acts of Florida, 1963,
changes are made in district boundaries or other matter
portrayed on t he Official Zoning Map, such changes shall be
msde on the Official Zoning Map promptly after the amendment
has been approved by the City Council, together with an entry
on the Official Zoning Hap as follows: "On (date), by official
action of the City Council, the following (chance) changes were
made in the Official Zoning Map: (brief description of nature
of change), "which entry shall be signed by the Mayor and
attested by the City Clerk. The amending ordinance shall
provide that such changes or amendments sha.11 not become
effective until they have been duly entered upon the Official
Zoning flap. No amendment to this ordinance which involves
matter portrayed on the Official Zoning Map shall become
effective until after such change and entry has been made on
said map,
b. No changes of any nature shall be made in the
Official Zoning !1-tp or matter shown thereon except in conformity
with the procedures sct fort!- in this ordinance. Any unauthorized
OR 81-64
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MICROFILMED 3.13-80
change of whatever kind by any person or persons e:iall be
considered a violation of this ordinance and punishable under
Article �� of this ordinance.
5. Regardless of the existence of purported copies
of the official Zoning Hip which mom► from time of time+ be
made or published, the official Zoning Map which shall be
located in the office of the City Clerk shall be the final
authority as to tha current zoning status of lands, buildings,
and other structures in thu city.
ARTICLE II. 'ULLS POR INTERPMITATIc?': OF DISTRICT BOUNDAI 33
Whare uncertainty exists as to the boundaries of
districts as shown on the Official Zoning Map, the following
rules shall apply:
1. Boundaries indicated as approximately following
the center lines of structs, highways, or alleys shall be
construed to follow such center lines;
2. Boundaries indicated as approximately following
platted lot linos shall be construed as follo.ing such lot linos;
3. Boundaries indicated as approximately following
city limits shall be construed as following city limits;
4. Boundaries indicated as following railroad
lines shall be construed to be midway between the main tracks;
5. Boundaries indicated as folltwing shore lines
shall be conatrued to follow ahcu shore lines, and in the
event of change in the ah..ro line shall be construed as
moving with the actual shore line;
6. Boundaries indicated as parallel to or extenaions
of features indicated in subsections 1 through 5 above shall
be so construod. Distances not specifically indicated on the
Official Zoning Map shall be determined by the scale of the mip;
7. Where the street or property layout existing
on the ground is at variance with that shown on the Official
OR 81'64
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Pv 1C FOFIUMED 3.13.80
Zoning Asap, or in other circumstances not covered by Sections
1 through 6 above, the Board of Adjustment shall interpret
the district boundaries.
ARTICIF. III. APPLICATION OF DIMICT R MLATIONS
Except as hereinafter provided:
1. No building, structure, or wand shall hereafter
be used or occupied, and no building or structure or part
therof ehaU her. aft, .r be crectud, constructed, reconstructed,
moved, or structurally Altered unless in conformity with aU
of the regulations herein specified for the district in which
It is located.
2. No building or other structure shall hereafter
be erected or altered:
(a) to exceed the height;
(b) to necommodatc; or house a greater number
of families;
(c) to occupy a greater porcent,•e of lot .area;
(d) to have narrower or smaller rear yards,
front yards, side yards, or other open
spaces;
than heroin required; or in any other manner contrary to the
provisions of this ordinance.
3. No part of a yard, or other open space, or off..
street parking or loading space required about or in connection
with any building for the purpose of complying with this ordinance
shall be included as part of a yard, open space, or off-street
perking or loading spaca similarly required for any other
building.
4. No yard or lot exioting at the time of passage
of this ordtrnc• shall be reduced in size or ansa below the
minimum roquiremants set fo th herein. Yards or lots croat,d
after the effective date of this ordinance shall most at 3oa5t
the minimUM requirements established by this ordinance.
Whithin each district, the regulations set by this
OR 81.64
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160
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MICROFILMED 3.13.80
ordinance shall b� minimm regulations and shall apply
uniformly to each class or kind of structure or land.
All territory which may hereafter be annexed to
the City sh311 bu considered to be zoned in thu sane manner
as the contiguous territory inside previous city limits
until otherwise classified.
5. All Territory within bhe City which is not new
classified in zoning is hereby classified as G -C (gcnoral
classification). This provision specifically rl:fers to those
submerged lands within the city which aro West of the existing
bulkhead line i.o. present shore line of the Banana River.
ARTICLE IV. NON -COAT IUMIG LATS, NU-CONFORl BE U -M OF
UNO, NON-COMORMING STRUCTMI, AND N0N-M!TC'"::'TMG U"AES
OF STRUCTUMM AND i'.'EHISSS
1. INTENT -
(a) With the districts est:b!I-"^_' L•y this
ordinance or amendments that may later be adopted there
exist lots, structures, and uses of land and Q*�irfv n s which
were lawful before this ordinanco was passed or amended, but
which would be probibited under thu terms of this ordinance
or future vnendmunt. It is the intent of this ordinance to
permit those non-conformiti..e to continue until they nre
removod, but not to encourage their survival. Such uses are
doclired by this ordinance to be incoinnatible with permitted
uses in the districts involved. It is further the intent of
this ordinance that non -conformities shall not be enlarged
upon, expanded nor exWndod, nor be used as grounds for adding
other structures or uses prohibited elsewhere in the same
district.
(b) A non -conforming use of a atrueturo, a non-
conforming u;o of land, or a non -conforming use of a structure
and land shall not be extended or enlarged after passage of
this ordinanc, by attachment of additional signs to n building,
or the placemetnt of additional signs or display devises on the
land outsido the building, or by the addition of other uses,
OR 81-64
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MICROF{LMED3.13-80 r
if such additions am, of a naturo which would be prohibited
generally in the district involved.
(c) To aboid undue hardship, anything in this
ordinance shall be doomed to require a chinga in the plans,
construction, or designated use of .any building on which 1
building permit has b::cn issued nrior to the effective date
of adoption or amendment of this ordinance.
2. NON-COWOrZMBG LATS OF Z:CORD -
(a) In any district in which single-family
dwallings A" permitted, notwithstanding limitations imposed
by other provisions of this ordinance, singlo-family dwelling
and customary accessory buildings may b, erLetod on any single
lot of rocord at the affective dyne of adoption or nnendrmont
of this ordimmanco. Such lot must be in separate ownership
and not of continous frontage with other lots in thy, Sana
o-omership. This provision shall apply even though such lot
fails to nest the requirements for area or width, or both,
that Etre generally applicable in the district, provided that
y%rd dimensions and other requirements not involving arca or
width, or both, of lot shall conform to the regulations for
tho district in which such lot is located. Variance of arca,
width, and yard rcquirenanta shall be obtained only through
X
action of the Board of Ad jt stLwnt.
(b) If two or more lots or combinations of
lots and portions of lots with continuous frontage in single
ownership are of record at the time of p.asslge or amendment
of this ordinance, .and if mill or part of the lots do not meet
the requirements for lot width rutd %r a as established by this
ordinrmce, the lands involved shall be considered to be an
undivided parcel for the purposes of this ordinance, and no
portion of said parcel shall be used or sold which does not
moot lot width and are% requirements established by this
ordinance, nor shall any division of the parcol be mada which
leaves remaining any lot with width or area below the require -
OR 81.64
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monts stated in this ordinance.
3. NON-CONFORMDD USMS OF LAND -
More, at the effective date of -adoption of amand-
ment of this ordinance, lawful use of land exists that is
made no longer purmissibio under the terms of this ordinance
as enacted or amondod, such use may be continued, so long
as it n.m%ins otherwise lawful, subject to the following
provisions:
(a) No such non -conforming use shall be enlarged
or increased, nor extended to occupy a greater aro3 of land
than was occupied at the effective data of adoption or amend-
ment of this ordinance;
(b) No such non -conforming use shall be moved
in whole or in pr►rt to any other portion of thu lot or parcel
occupied by such use at the effective dite of adoption or
asrendmsnt of this ordinance;
(c) If any such non -conforming use of land ceneee
for any reason for a period of raore than thirty (34) days, wy
subsequent use of such land shall conform to the regullticns
specified by this ordinance for the district in which such
lvrd is located,
4. NON-COWORMING :STRUCTM8 -
Whern a lawful str,cture exists at the effective
date of adaption or amandnent of this ordinance that could not
be built under the terms of this ordinance by reason of
restrictions on area, lot coverage, hoight, yards, or other
characteristics of the structure rr its location an the lot,
such structure may be continued so long *vs it remains other-
wise lawful, subject to the fmllowing previsions:
(a) No such structure may be enlarged or
altered in a way which inerYaasos its non -conformity;
(b) Should such structure be destroyed by any
means to -tn extent of more than Fifty percent (SO%) of its
replacement cost at time of destruction, it shall not be
OR 81-64
PAGE -7-0F 64
MICROFILMED 3.13-80
reconstructed except in conformity with the provisions of ,
this ordinance;
(c) Should such structure bis mnved for any
reason for any distance whatever, it shall thereafter conform
to the regulations nfr the district in which it in located
after it is moved.
S. NON-GONFOMING UgES 0;P STRUCTURES -
If a lawful use of a structure, or of structures
and promises in combination, exists at the effective date of
ndoptinn or amondment of this ardin,nco, that would not be
allcwod in the district under the terms of this ordinanea,
the lawful use ma•, be continued so long as it rennins other-
wise lawful, subject to the following provisions:
(:a) No existing structure devoted to a use nest
permitted by this ordinance in the district in which it is
located shall be enlarged, extended, constructed, reconstructed,
moved, or structurwlly alturod except in changing the use of
the structure to a use permitted in the district in which it
is located;
(b) Any non-cnnforming use Char b.; extended
thr•)ughout any' m its of a building which were manifestly
arranged or designed for such use at the; time of ndoptinn or
amendment of this ordinance but no such use shill be extended
to occupy any land outside such building;
(c) If no structural alterations are made,
any non-cnnforming usU of a structure, or structure and
prenises, mly be chanted to another nnn-conforming use prnvided
that the Board of Adjustment either by gcneral rule or by making
findings in the specific else, shill find thIt the proposed use
In equally appropriate or more appropriate to the district than
the existing n•en-conforming use. In pr:tnitting such change the
Board of Adjustmtnt may require appropriate conditions and
safegu<erds in 'eccord with the provisions of this ordinance;
(d) Any structure, or structure and land in
OR 81-64
PAGE -8 -OF 64
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•.^; if
MICROFILMED 8.13.80
combination, in or on which •a non -conforming usu is supor-
seded by a permitted use, shall thereafter confnrm to the
regulations for tho district in which such structure fe
located, and tho non -conforming use Guy not thereafter be
resumed;
(e) 1 -.'hen a nrn-conforming use of a structuroi
or structure and premiscs in combination, is discnntinuud or
abandoned for six consecutive months or for 18 months during
any three year period, the structure, or structure and
premieus in combination shall nrt thereafter by used except
in conformance with the mgulations of the iistriet in which
it is located,
(f) Where non -conforming use status applies
to a structure and premises in combination, removal or
destruction of the structure shall eliminate the non -conforming
statue of the land.
6. REPAIRS 1d1D Mumma
On any building devoted in whole or in part to W
nen-con'..=-Lag use, work may be done in arty period of 1,2 con-
secutive months on ordinary repairs or on repair or rnplaeement
of non-bearing wills, fixturFse, wiring or plumbing, to an
extent not exceeding ten percent (10%) of the current replace-
ment value of the builiing, provided that the cubical content
of the building •^.s it existed at the time of passage or
amendment of this ordin urce shall not be increased.
Nothing in this ordinance shall be deemed to prevent
tho strengthening r.r restoring to a safe c.,ndition of any
building or part therLnf declared to be unsafe by any city
official ch7reed with protecting the public safety, upon order
of such official,
7. USES UNDAi EXCEPTION PROVISIO145 NOT NON-CONMRN-
MG USES -
Any use for which n special exception is permitted
as provided in this ordinance shall not be deemed a non -conforming
OR 81 - 5,1
PAGE -9 -OF 64
M ICROFII.MED 3-13.80
use, but shall without further actinn be deemed a conforming
use in such district.
ARTICLE V. ESTABL19NiMT OF DISTRICTS AND REGULATIM
TETE USE`S OF LAND AND minDINGS T100IN
1. ESTAUISIUVIP OF DISTRICTS
In order to classity, regulate and restrict
the uses of land, water, buildin::s and structuress, and to
regulate ani restrict the haight and bulk of buildings and
to regulate the area of yards and other open spaces about
buildings, the corporate arca of the City of Cape Canaveral
is divided intn seven (7) districts as follows:
R-1 A one (single) Family dwelling district,
R-1 one (single) Family Dwelling district,
H-3 ELltiple Family Dwelling District,
R-4 Katiple Family District,
C-1 Noighbnrhond Commercial District,
C-2 General Commorcial District,
M-2 Industrial District,
G -C General Clnssifieation.
2. R ZA ONE (SINGLE) FAMILY UdELLING DISTRICT
The lands included within this district are developed
predominantly with single family dwellings. The lot areas are
largo and the district is designated to preserve and protect
..•, characteristics of single family uses.
USFS PERMITTED - Within any R-1 One (Single)
Fwmily Dwelling District, no building, structures, land or
water shall be used except fnr nna or more of the following
uses:
(1) Single Family dwellings and their custnrLary
accessory Uses.
(2) lion -commercial piers, boat houses and
landing places, awned by adjoining property owners.
CONDITIONAL USES -
(1) Iftn, after review of an application and
OR �k6a
PDGF PP FQ 1v
MICROFILMEEB-13.80 v -
plans appurtenant thereto and hearing thereon, the Planning
-incl Zoning Heard finds as a fact that the proposed use or uses
aro consistent with the general zoning plan and with the public
interest, the fallowing may be rocommendcd to the Hoard of
Adjustment as permitted uses:
(a) Churches with their attendant Educational
buildings and recreational fneilities.
(b) Public Schools, but no correctional
institutions.
(c) Public Recreation area and facilities.
BUILDING HEIGHT HSGULATIONS -
No building or structure sh.►11 exceed twenty
five (25) foot or twr; stories in height,
13UILDRZ SITE R..GULATIONS -
Eaeh single family dwelling shall be located on
a Int or parcel of land having %n area of not loss 15,000 square
feet and having an average width of one hundred fu,t (1001).
FRONT, WAR AND SIZE YARD RDGULATIONS -
(1) Minimum setback from the front right-of-way
line shall be twenty-five (25) feet.
(2) Minimum setback from any side property line
abutting a street right -at -way shall be fifteen (15) feet.
(3) Minimum setback from an interior side
property line shall be fifteen (15) feet.
LOT COYE.U%GE -
Thirty (30) percent of the Int arca is the maximum
runount of land that may be covered by the principal an -1 accessory
buildings nr structures loc-tod thorecn.
HIMI M4 FLOOR AREA REQUIREHEIM -
In the R -IA One (Single) Farr ly Dwelling District
minimum requirements for floor arta per dwelling unit shall be
sixteen hundred and fifty (1,450) square feet of IV cable area
excluding carports, breozew-►ys and garages.
OR 81-64
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M IGROI=ILMED 3-13.80
3. R-1 M (SINGIL) FA14ILY MICLLRr, DISTRICT -
The lands in this district ire developed predominantly
with single family dwellings, however, the pmvailing; lot areas
are loss than thn,e of the R-1 A District. Then too, in this
district there 18 found a greater variety of uses.
USES PERI3ITTED - With Any R-1 (Single) Family
Dwelling District, no building, structure, land or witer,
shall be used except frr one or pore of the following uses:
(1) any use permitted in the R-1 A District.
(2) Home occupations.
(3) Parks, playgrounds nwnad and operztcd by
the City.
CONDITIONA1L US1;5 - Whon, after review of an application
for pians pertinent theroto and hearing; thereon, the Planning
and Zoning Board finds as a fact that the proposed use or uses
arc consistent with the general zoning plan and with the public
interest, tho fr.11owing may b.: rcconmeni:ed to the Marl of
Adjustment as permitted uses:
(1) Same as for the R-1 A Single Family Dwelling
District.
(2) Librnries, .art Galleries, Wscuns and Hon-
D,rmorcial Corraunity Centers.
(3) Any review of -in application .--r plan
shill cnnsid,:;r the character of the ncig;hbL)rhood in which the
pr•perty to be used is to be 1nc-tted and its effect on the
value if surrounrlini• lands, anr', further, the area r:f the site
Zs Canton particularly to the required open spaces and off
street parking facilities, and further, whether or not, the
rt,�ving of nn existing strurturc sh•1l bu h�L nunivus to the
area.
BUILDING REIGHT R£GULITIONS -
N„ building; or structure shall exceed twenty-five
(25 fe.t) nr two stf-ries in height.
BUILD111G SITU .R:., =UL'MONS -
Each single family dwelling shall be lncateri on a
lot nr parcel of Ian,] having an ar..a of not loss thin six
thousand tw--) hundred snrl fifty (6,250) square feet and i b�
PAGE -12- OF 64
OR 81.64 .,�
• MICROFILMED 3.13.80
having an average width of seventy-five (75) fact.
FRONT, MIA MID SID? YARD WMIULITIONS -
(1) FRONT YARD. There shall be a Yrr,nt yard
of nit less than twonty-five (25) feet in depth.
(2) RDAR YARD. There shall bo a roar yard of
not less than twonty-five (25) feet in depth.
(3) SIDE YARD. Side yards shall be provided
on each side of each dwelling of not loss than eight (8)
feet or ton (10A) percent of the average lot width, whichever
is the greater, exccpt that on eornor lots, ne building shall
extend beyond the cxtablishod setback on either the side nr
fronting strait.
LOT COVERWE -
Thirty (30) percent of the lot area is the maximum
amount of land that may be covered by the principal and
accosnnry buildings or structures roosted thereon.
MPHNUM FLOOR ATI, R:gUIR;Ifr't4TS -
In the R-1 One (Single) Family dwelling district
minimum rcquiraments for first floor area per dwelling shall
be: for a two story, seven hundred nn..! fifty (750) square feet,
for a one and one-half story dwelling, eight hundred and fifty
(650) square feet and for a -jno story dwelling; eight hundred
and fifth,+ (850) square feet.
k. R-3 MULTIPM FAMILY DtELLINO DISTRICT -
The lands within this district have alr,-ady been
developer) with nultiple family structures or by their location
or trend of development, and ar,: appropriate to such uses.
USES F14R.•, r.D - With any R-3 Miltiple Fruaily Nulling
District, nn buildings, structure, land nr water shall be used
except for one or more of the frillowing uses:
(1) Any use permitted in the R-1 A and R-1
districts.
access,lrYr uses.
(2) Two family dwellings including their customary
OR 81.64
PAGE-�3.OF 64
MICRO FILMED 3.13.8O
(3) Ratiple Frunily Dwellings (Apartments)
and their custon-try accessory uses.
(A) Apartment buildings and hotels.
(5) Restaurants, lounges and shops in structures
of more than thirty-fivo (35) dwelling units.
(6) Bearding and lodging; houses.
(7) Guest or tourist hemos.
(8) Court type structures.
(4) Witels.
(10) Hospitals, nursing and convalescent h,qws
but no animal hospitals, or mental institutions..
(11) Hume occupations. .
(12) Libraries, nc-n-c amrcinl coamnity ennters.
(13) Parks -tni playgrounds owned and nporated by
tine City.
CONDITIONAL UiE'T
When after re0iew of an application for plans
pertinent them -t, and hearin; thercon, the Planning and Zoning
Board fins as a fact th•it the prlposud use and uses are con-
sistent with the genural Zoning Plan and with tho pu,ilic intern-st
an:i the spirit of this ordinance, the &lard of ,adjustment may
prrmit such conditional use.
HEIGHT K.;GUL;:TIONS - (None)
BUILAIRG SITE A110, Jr GWiTIONS:
(1) Each two fan-dly dwelling shall be locatod
on a lot or parcel (if lami having; -in -iron r%f not less than nine
thousan*l (9,000) square feet -tn•t a width (if not less than seventy-
five (75) feet.
(2) For each dwelling; unit in excess of two (2)
afled t- the structure on the first and.second floor, five
hun+lrM (500) ad(litional square feet of lct area shall be added
for each r.f such twaning; units added.
(3) For each dwellings unit art -led t') the structure
air,ve the secr•nd flogs, thmw hundred (300) square feet of lot
OR 81.64 -
PAGE -14 -OF 64
MiCROF1LMED 3.13-80
area for each of such dwelling units.
(4) Provided, hf.wevor, that for each dwelling
unit in excess of two (2) added to the structure on the first
and second floor, three hundred (300) additional square feet
of lot area shall be added for each of such dwelling unite
added in the Avon -By -The -Sea subdivision located in the R-3
district.
(5) For structures necommndating four dwelling
units or more, the minimum width of lot or parcel of land
shill be one hunlrod (100) feet.
FRONT, RGnR AND SIDE YARD RGULATIONS -
(1) Foch two (2) family dwelling shAI have
the following frrnt, roar and side yard setbacks:
A. FRONT YARD - There shall be a front
yarn of not less than twenty-five (25) feet in depth.
B. REAR YARD Therc: shall be a mar yard
of not less than twenty-five (25) feet in depth.
C. SIDE YARD- Side yards shall havu pruvided•
en each side of every dwelling of rn:t loss than eight (8) feat
or ten (10) percent of the Overage let width, whichever is
the greater.
(2) For multiple family dwellings the following
front, rear anal siilo sotb-tcks shall be observed:
A. There shall be a front, ylyd of nvt less
than tvcnty-five (25) feet in depth.
B. A si,lu yard on each sVc rf the wall rf
the principal structure of n+ -.t less than ten (10) feet.
However, for a structure of more than two stories, (25) (feet)
in height, three (3) fe4rt shall be adder: to side yard far each
story above two. The ninirtua; setback from any street shall
be the established, setback line on any street or streets.
C. A rear y trod shall be provided of
fifteen (15) fact, however, for structurua in excess of two
(2) stnrics two feet shall be added to the rear yard for each
story aided.
OR 81-64
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MICROFILMED 3.13.80
D. In court style multiple dwellings
twenty-five (25) foot shall be required between buildings
and whore doors, windows er nther openings in the buildings
wall of a living unit face a wail amtaining doors, windows
or other openings X the wing of the salve building .and/or a
wall enntaining doors, windows nr either openings of another
building on the sumo site, there shill be providers a miniswm
clear distance of not loss than twenty-five (25) feet. Said
distance to he measured on a lino projected at right angles
at the opening, from the wall containing the opening to the
Opposite wall. These spacing requirements shall apply to
all structures on the site; provided further, that cantilevers
and open porches may project from the building wall into the
required open space (court only) not mare then four (4) feet
and that stairways may project from the building wall into, the
required open space (court only) not mare thzn seven and one-
half (7j) feet. Stairways when lccAcd in the required open
space (court) shall be supnnrteri b;; the nccos riry e.,lurms only,
support by a wall is strictly prohibitod. Accessory buildings
(where not in vielatinn with the foregoing requirements) may
bo Incited nut nearor thin fifteen (15) feet to the principal
structure or structures.
LOT COVB :,;Gw -
Fifty (50) percent of the lot area is the maximum
which may be covered by the principal and .accessnry builrtings
,r structuro.s lcc•.ted thertnn.
HItdlNVM FLOOR ARE". R"QU.IR.RIEWS -
(1) The minimum floor arca for o ane (1)
family dwelling shrill be eight hundrui an.1 fifty (850) square
fust.
(2) The rininara floor area far a two (2) family
dwelling shall be fifteen hundred (1500) square feet frr both
dwellinra.
OR 81-64
PAGE -16 -OF 64
' MICROFILMED 3.13.80
(3) The minimum floor area for multiple
family dwelling in excess of two (2) family dwelling shall
have at least three hundred (300) square feet per dwolling
unit.
5. R-4 MJLTIPL� FAMILY DISTRICT -
The lands included within this district are
developed prodrrtinatvly for multiple family dwellings such
as Hotels, apartment houses and hotels. The uses of this
district is further brnadenai to permit office buildings.
USES PERMITTED -
(1) Within any R-4 ILltiplo Family District,
nu buillinus, structures, land or water shrill be used except
for rine or as -ire of the following uses:
A. Any use permitted in the R-3 Two Family
Dwelling District.
B. Office Buildings.
C. Motels, apartment houses, Hotels, or
Court type structures containing a minimum of eight (8) rental
units having conformed to the following ddnimum requirements
as tn their location, construction and use, to -wit:
(a) The minimum lot areas per rental unit shall
conform to the minimum lot area per family fnr the R-3 HLltiple
Family Dwelling Districts.
D. Rostaurants, lunch r;•gyms, or fruit stands
when operated only in comiection with and on the smme lot as
hotels, apartment houses, motels or court type structures,
permitted horeunder and cont-tining a minimum of tight (8)
or rw)re rcnt,-d units, provided that such restaurants, lunch
r:nm or fruit display stands arc: within the confines of the
main building.
CONDITIONAL US%3 -
(1) When, after r.view of an applic'ttinn for plans
pertinent therato and hearing theruvn, the Planning and Zoning
Board finds as a fact that the proposed use or uses are con-
sistent with the general Zoning Plat and with the public interest
OR 81.64
PAGE -17-OF 64 ••:
MICROFILMED 3.13.8C)
it raay make cert'lin recom.en•Jatfrns to the b arl of aljust-
Ment as ennriitiunll uses, providod that due ccnsidaration
is giv'Jn the character of tha naighbnrhnod in which tho use
is permittai and its affect on the value of surrounding
properties, Ind further, the particular site '10.1t relat(..s
to the Mquircd open spice and off stro:t parking facilities.
FRONT, RLR .JJD SIDr, R_;CUL,TION'S -
(1) Each two (2) family rlwelling shall have the
frllo*ging fr-nt, roar and si''e yard setbacks:
i1• FRONT YARD - Thor, sh.
all be a front yard
^f n t less then twenty-five (25) fust in depth.
B. RS1.R YARD - 'Thera shall bu
3 har Y1M
of rn%t less than twenty-five (25) feat in dopth.
C. SIDE Yr1RD Sir1e
Parris shall, have provider!
on each sic!u of uvl-ry dwelling of n.jt loss than dight (g)
fc,:t or ton (10) pu -cent of the avorago lot I+irith, whichever
Is the greater.
(2) Fir 1Lltiplc fanny riwallin s
8 the frllaxing
fr,int, r..ar in l si'le setbacks sh111 bu observed:
A. There shill be a frnnt1 .
y r i of n•a lase
than twenty-five (25) feet in depth.
B. ,t side y„M on each silo of the wall• of
the principal structuro r>f n't less than ten (10) f, -et.
However, f'r a structuru (If more than two, stories, (25)
(feet) in height, threL (3) feet shall be adder{ to side
Yard f - ,r each story above two. The minimum 'setback from
"my struut shall b.; the established setback line on .any street
or streets.
C. A rear yard shall b+
' prrvidcd r.f fifteen
(15) feet, h•,wever, frr structures in execs of two (2)
storiestar feet shall be a irl "I toy the roar y:rei for each
story a•ldcri.
D. in a art style multiple rlweilinFs twenty-five
(25) foot shall be rerluir(.,i between buildings an•i where d �:•rs,
s+infiows 1 r •,thcr cpunings in the buil•lL�; wall of a living
unit face a wall cuntainindo„
ra, win�irnrs, . r ether npeniNs
Z
R 8.64
PAGE -18 -OF 64
MICROFILMED 3.13.80 ._.......-
of the wing of the suns building 'ind/or q wall containing
rite -re, windows r.,r ether openings of another building on tho
same site, there shill b.: provided s minimum clear distnnce
of nrt less than twunty-five (25) foot. Said distnnco to
M. measurcA on a line prrJumted at right angles at the
opening, frnm the wall cont-iining the opening to the npposits
w.al1. ;hose spacing ruquircments sahll apply to all structures
on the site; provirkil further, that cnntilovsrs and open porches
may project frim the building w. -al intra the requirod npen space
(court only) not mrc thln four (b) feat and that stairway
mzy prc.jeet from tho building wall into the required open
spaca (v urt only) n=t mons than soven 'end one-half W) fact.
Stairw.ys when lncltel in the rcquircd upon space (court) shill
be supported by the nacoss'iry cAumns only, support by a wall
is strictly prohibitsl. Accessory buildings (whurc not in
violation with the fisc.-ing r•-:quirements) may be lncatod
n -t nearer than fifteen (15) feet tri the principal structure
or structures.
LOT COVSIM -
Fifty (50) percont of the lot ttea is the mi ieun
which may by crvered by the principal nni accossory buildings
or atructursss located thereon.
MINIKIN FLOOR ARE.i RF:WIFEHENTS ,-
(1) The minimum floor area for a one (1) family
dwelling shall be eight hunlrod anit fifty (850) sgalrc fo..t.
(2) The mini= floor area for a two (2) f%mily
dwelling sh'tl.l 6- fifteen hundr, d (1500) squ-tre fact fur both
.1wellings.
(3) The minimun floor :rca for multiple f-mily
rlwellinp. in excess of two (2) PwAly dwelling shall have 1t
1u7st three hundr-A (300) squrirc fust per dwellin4; unit.
PAGE 1 64
MICROILMED
BUILDING HrIGHT R ZOLATIONS - (None)
6. C-1 ITRIGHBOM100D COILERCIAL D11TRICT -
The lan:ls in this District abut cert7in principal
streets, the frnntaF;e of which are adaptable to selected com-
rwrci.�l uses which serve primarily residential arca adjacent
and tributary thcr:,tt., and d,) m.>t disturb the peaca and tran-
quility of the neighboring area.
USES PSRHITTED -
1. Within any C-1 Ncighborh,irA District no
buildings, structure, 7-.nd ar water shall be used except
for one or mnre of the following uses.
A. Any use permitted in the R-3 and R-4
!•taltiple Family Dwelling Districts.
B. Apparel shops for men, women and
children.
C. B1kery, the products of whish are sold
only at retail an the promises.
D. Banks nn,1 office buildings.
E. Beauty salons an,l b-:rber shops.
F. Departmant stores, drug, variety and
sundrio strres.
G. Florist, interior decorating, gift
shops, antiques, china, luggage, jewelry and watch repair.
H. Grocery steres, meat markets, r.:tail
gift fruit stands with packing hruse as accessory, Super
markets.
I. H.•srdwnr.:, paint, wall paper, appliance,
radio and telavisi�n, furniture stures.
J. Self Service i. -sundries and dry cleaning
-ick up stations.
K. Motels.
L. Office supplies, books, news stands.
M. Ph-.tvgraphic supplies an' studios.
N. Public and private automobile parking lots.
OR 81.64
PAGE -20 -OF 64
co
MICROFILMED 3.13.80
0. Hestaurants, incluiinc, am -in fo-il shops.
P. Shoo repairing, hat cleaning.
Q. Service Stations which aru 2000 feat
apart by shr+rtcat driving niutcn.
R. Liquor Stur,s (rutail) and cocktail
lounges.
S. IInwling alleys, Ulliarel and pnnl halls.
T. Now automr:bile sales agency ani incidental.
survicing departments.
U. H.rtuariea.
Y. Printing, b"nk binding, lithography,
blue printing, phntnstating.
W. Theatre enclosed.
Any other retail stare :r service establish-
ment that in the judgamLnt of the Board of Adjustment are cnn-
sistunt with those included above, an,l further, that will be
in hamony with the spirit of this Ordinance akay be granted
a cenditional use up -n proper petition.
FRONT, M- AR AND SIM Y .RD R_XULATIONS -
(1) FRONT URD - 7Wcnty-five (25) feet set
back minimum, except as specifie4 in article 6, Paragraph 23.
(2) SIDE Y,.RDS - None except that when the
side f -f a lot in a Neighb-rho d Corzaercial District abuts
upr,n the side of a lot in a Msiluntial District, there shall
be a side yarn -f n•t less than ten (10) fact. The minimum
set -back from any street shall ba fifteen (15) fe,.t providorl,
h,wever, that tin corner lots n• building shall extend beyond
the ostabliahed act -back on said strout or strc,.ts.
(3) REAR YARD - There shall bu a roar yard
n•f at least ten (10) feet.
(k) K1SONRY WALL - When a lot in a C-1
Neighbnrhr-orl Cunmercial District abuts a lot, either to a side
yr to the rear in a R.:sidential District, than: shall be a masnnry
wall, a ninimum of six (6) feet in height built and maintained
by owner -f said ct:uwreial prnperty along the Cnmmereial line
01? 81.64
WAGE -21 -OF 64
1 a
Y
T
MICROFILMED 3,13.80
of nbutment opposite the Cormercial Building.
7. C-2 GEW, l..'.L COMMICL.L D111MICT -
The lands in this district are developed with
various types of general commercial servicing enterprises.
U5E5 PM4ITTED -
(1) Within any C-2 General Camiercial District
all buildings, structures, land or wall shall be used for one
or one or more of the following uses:
A. Any use permitted in the C-1 Neighborhood
Commercial District.
B. Business colleges, vocational, trade and
private schools operated as a cormercial enterprise.
C. Plumbing; sales rooms with services
stored within the building with no yard storll;e.
D. Publishing eatablishments,
E. Store+;e garage, public or private auto-
mobile parking;,
F. Drive -In Theaters.
G. Used car lot, except in conjunction with
new czr agencies.
H. libalesale Dyeing, Dry Cleaning and Laundry:
COAIOITIONZ U)7;5 -
(1) Any retail store or service establishment
that in the judgwnt of the Planning xd Zoning Board is
consistent with permitl.ed uses in this district and that is
in harmony with the spirit of this ordinance after public
hearing; it may be recora.ended to the Board of Adjustment as a
conditional use.
11MIGHT R'011LATION5 - (None)
FRONT, Rs,:R ANT) 91DF YARD R :G UMONS -
(1) FRONS Y.LRD - Twenty-five (25) feet set
back minimun except as specified in ARTICLE 14.-, Paracraph.17,_
(2) SIDE YARDS - gone except that when the
side of a lot in a Neighborhood Connercinl District abuts upon
the side of a lot in a Residential.District, there shall be a
OR 81-64
PAGE -22 -OF 64
MICROFILMED 3.13.80`
side yard of not less than ten (10) feet.
(3) RIiR YARD - There ahQ l be a rear yard
-f at least ten (10) feet.
(b) KSOMY WALL - Nhen a lot in a C-2
-sner!kl Conwrcial District abuts a lot, either to a side
or to the rear in a Residential District, there sh:a]l be a
masonry wall, a minimum or six (6) feet in height, built and
r.Aintnined by owner of aaid conmr rci-al property :along by the
cors-ercial line of abutment opposite the eommerci3l building.
BUILDING K:IGHT R:,GUL►TI0N5 (None)
8. M-2 MUTMI,sL DISTRICT •-
The lands in this district are used by a vlriety
ercial, storage and industrial oper'rtions. The purpose
of this district is to permit the normal operation of the
majority of industrial uses under such conditions of operation
as will protect the abutting residential and corzercial uses.
USSS P;: 61MD -
(1) Within any 14-2 Induetrial District no
Building, structure, land or water sh711 ba used except
for one or more of the following uses:
A. Any use permitted in the C-2 Cocmercial
District.
storage.
ceramic products.
B. Concrete Pipe and block manufaeutre and
C. Co-'".'. uixing plants.
D. Kxnufacture of pottery or other similar
E. Public Utility plants
F. Sheet metal working shop.
G. Steel stortCe •►nd f^briaation.
H. Automobile parts from Used Cars, provided
the area utilized for automobiles -and parts is enclosed by a
solid wall or fence not less than eight (8) feet high, to be
painted and maintained in an approved nonnar; but in no event
OR 81.64
PAGE -23 -OF 64
• M ICROFILMED 3,13.80 -F
shall dismantled cars be allowed to accumulate on the premises,
Blacksmith, Gas Steam -fitting shops; Boat or Yacht repairing
or overhauling, or Boat Building; Boai- Slips used for the tying
up of boats for the purpose of ovorhauling or repairing,
Brewery Canning Factories, Carpet Cleaning, Dredging Base or
Place where dredging supplies are kept and where dredges or
boats or machinery are stared, repaired or rebuilt, Fertilizer,
Fruit Packing and Fruit Pr serving, kltrniture Manufacturing,
Ice Y,anufacturing, of more than ten (10) tons daily capacity;
Insecticide Manufacturing; Food Products, including the
grinding, cooking, roasting, preserving, drying, smoking or
airing of meats, fruits or vegetables (where more than five
(5) persons are emploicd on premises); Machine Shops, Marine
Warehouses, Mattress Manufacturing and Renovating, Motaliting
Processes, Milk or Ica Distributing Stations from which ex-
tensive truck or wagon deliveries are customarily made; Mill
Work Shops, Motion Picture Production studios, Novelty Works,
Ornamental HAal-Work Shops; Power or Steam Laundries, Shipyards
and Drydocks, Storage Warehouse for food, fodder, otc.; Textile,
H.siery and Heaving Mills, not closer than two hundred (200)
feet to a single: or multiple f,unily residential district;
Welding, 4larehouses for storage or products in the form sold
in a general comtnorcial district,
CONDITIONA USES -
Manufacturing, processing, fabrication, repair
and servicing of any commodity or product that docs not croate
possible dangerous, smoky, odorous or other objectionable
conditions may be granted a conditional use when .'after review
of an application -,nd plans appurtenant thereto and public hearing
thereon, the Planning and Zoning Board finds aq a fact that the
proposed use or uses ar consistent with the zoning plan, the
public intor�at and the spirit of this ordinance the Board of
Adjustment may permit such conditional uses.
o R 81.64
PCGE-24-OF 64
1�
MECOFILMED 3-13.80
TIE TaiWIING U9FS .IRI; RMBT PRUNIHr=-
Acetylene Gas
Celluloid
Acid
Cellulose Products
Animal Reduction
Chlorine Gas
Plants
Coal Tar Products
Bleaching; Powder
Creosote
By-products of Fish
Slaughter House
By-products of hood
Soap Hanufacturing,
Distillation
All Types
Calcium Carbide
Fertilizer
Largo Scale Sewage
Snelting
Disposal Plants
blood Pulling
tiatches
Paper and Pulp Mills
Oil Refinery
Phenol
oil Wolfs
Potash
Size or Gelatine
SPECL�L
R:•:QUiR WENtI -
Fireworks
Fish Cannery
Glue
Guncotten
Cammercial Incineration
of refuse
Fxplosivos
Livestock Yards
Products of Compound
of Hydrocyanic Acid
Pyroxyllin Plastic
Refuse Disposal Plants
(1) No establishment or industrial use
permitted in this Section, however, shall be located within
one hundn:d (100) feet of any single or multiple residential
district, except after a public hearing.
(2) .'it all manufacturing establishments, or
rebuilding or repair places permitted in any industrial
district, all materials and products shall be stored and all
manufacturing; or r,.building;, repairing or renovating operations
carried on entirely within substantial buildin;-3 or completely
enclosed within substantial approvod walls or fences, excepting
only Sipyards, Ary Docks, Boat Slips and the like, where
necessary frontage on the water may be open.
(3) The prumisus used by gasoline, oil
and pctrolaum storax,+_ tanks shall be surrounded by ail unpierced
fire wall or dyke of such height and dimensions as to contain
the msximusn capacity of aforesaid tanks with twunty (20%) per
cent margin of safety. All atora;-.i tanks and adjacent
:structures shall meet the requirr_munts of thr. National Board
of Firc: Underwriters as issued for 1938 or later.
(14 ) The foregoing paragraph rQquiring; an
unpierced fire wall or dyke shall not apply to storage Lanka
containing liquified petroluusn, corvnonly known an bottled
Nas; such tanks my be vs•,:ctud without said wall and dyke.
BUILDI1l: N^;1:HT IU.iPJL'kTI0I49 - (Hone)
OR 81-64
r I r;E-25-0F 64
MICR'OF)LMED 3.13.80
FRONT, R -AR AND SIDE Y:1mm RrmuL TIONS - (Hone)
9. GENERAL CLdSSIFICATION DISTRICT.
The lands in this district are currently
submerged lands located in the Banana River. In the event
a bulkhead linu is established or re -located, thr: land so
embraced by the establishment or extunnion of a bulkhead
line in the Banana River shall bu classified as G -C Zoning
District, and no building; permit shall be issued in the
said district until the land so cl-isaifivd shall bo properly
zoned by the City Council either as:
R-1 A One (single) Family dwolling district,
R-1 One (single) Family Dwelling district,
R-3 Aultiple Family dwelling district,
R -k Multiple Family district,
G-1 Neighborhood Commercial District,
C-2 General Commercial District,
M-2 'Industrial District,
G -C Coneral Classification.
ARTICLE VI. GENS LILL PROVISIONS 41M EXCEPTIONS.
That the foregoir4; rug;ulations shall bw subject
to the following provisions and exceptions:
1. OCE ,lid BLUFF LIVID S';TB=.CK
No private buildings or structurQo, including
artificial screeninf, and fences, over four (4) feet in huight
shall h. constructed, installed or located loss than thirty
(30) fe-.t from the uastu. most top ud6c of the natural ocean
bluff hereby dusi,;nated as the Cc,�an Bluff Linc, provided,
howev,:r, construction of swimming. poole are sp,.cifically
excluded from this section. The City Enginui,r shall detur-
mina and designatu the Ocuan Bluff Linc prior to construction
on lots or parccls abuttir4• the Ocean B.ach.
2. DULKtC .US
A bulkhund rimy bo installed to protect land
from water action and erosion, but shall bu installed to
OR 81-64
P A GE -26-0 F 6 4
M1CRbFILMED 3-23-80
city requirements and a city permit shall be required and
approved by the City Engineer prior to construction. 'rho
Ocean Bluff Line shall be considered as the bulkhead line
for the Ocean Bluff.
3. FLNCES, HEDGES AND SC:i:.1dI\f:
r%. 1;0 fenco, wall, hedge, planting, screening
or structure over four (41) foot h%,h shall be maintained
within twenty (20) foot of any cornu intersection of stroct
right-of-way lines, unless it is the opinion of the building
inspector that such fence, wall, hedge, planting, screening
or structure is not an impediment to normal traffic..
B. No fence or wall shall be erected over
six (6) fw t in h,•ight in rear or side yard nor over four
(4) rout high in any front yard.
C. No fences, wall, or ntnicturc shall be
erected or installed on or across a public utility casement,
except that a temporary fence iray be erected or installed,
provided that it be erected or installed in sections that
will Allow for r..moval.
R. All fences, walls, screening or structures
shall be installed to city requirttaents and a city permit
shall be rcquir::d and a*,�nroved by the Building Inspector
prior to construction, orection or installation.
4. FRONT YARD EXCEPTIO14S 114 DIULING DISTRICTS
1lhure lots comprising forty percent or more of
the frontage on one sirto of a block are duvelopcd with buildings
at the tune: of the adoption of this Ordinance the avorago
alignment of the existing building along; such frontage shall
c
be the front yard line of said sad block and no building
hereafter orcct-:d or structurally altcr..d shall project
beyond it, provided, houuvur, that no front yards shall be
loss than tw6nty f+-Lt in depth.
5. . LUCATION OF WCS-31,0111 WILDING3 ;d:D USES M
RESIDENTIAL ;JU-S.
A. Accusuory buildings must be construct-.d
simultaneously with, or following the construction of the
main building. OR 81-64
PPG'E -n-0F r A �z'�
MICROFILMED 3.13.80
B. When an accossory building; is attached to
a principal structure by a breezeway, roofed passage or
otherwise, it shall comply with the dimensional requirements
of the principal building.
C. A detached accussori building, or a garage
apartment, shall not be closer than ton (10) fe,.t to the
principal building, nor closer than five (5) fo,:t to a side
or back lot line, nor closer than six feet to any other
accessory building; on the same lot.
D. No detached accessory building shall be
located on the front half of a lot.
E. An accessory building shall not exceed
twelve (12) fent in height nor racy occupy more than thirty-
five (35) percent of total area of a required roar yard.
b. YARDS
A. Every part of a required ,yard shall be open
from its lowest point of the sky, unabstructed, except for
the ordinary projection of sills, belt courses, cornices,
buttresses, ornamental fcalures, chimneys, flues, and caves,
however, no such projection shall exec -A thirty inches in
Width.
B. Can double frontage through lots, the
requirod front yard shall be provided on each struut.
C. lobonever a lot abuts Upon an alley, none
of the alley width uay be considered as a portion of the
required ruar •yard.
D. The narrow width of a corner lot shall
determine its front for purposes of mauting; the requirements
of front and sidu yards. In cases of ruvt.rsed frontages,
the detcrnination of front and side yard depths shall be
made by the Board of Adjustment.
7. CUT 03 B$ ,.KIf4G CUR%35, SID.{LICKS AND STIf, TS
It shall bu unlawful for any p,.rson, firm,
or corporation to cut or break any curb, sid.:walk or street
OR 81.64
PAGE -28 -OE 64
MICROFILMED 3.13.80
without first obtaining a permit from the: Blinding Inspector
of the City of Cape Canaveral,
B. It shall be: unlawful for any person, firm
or corporation to install on or under any curb, sidcwek or
.street any pipe, 3cwar, conduit, cabl+s, wird, hose, line,
or any other item, without first obtains g a permit from
the Building; Inspector of the City of Cape Canavural.
C. j'LiV person, firm or corporation desiring
a permit to cut or break any curb, sidewalk or straet, or
to lay on or under an;, curb, sidcwalk or street, .any sewer
pipe, conduit, cable, wire, hoses, line or any other item,
shall make written application therefor to the City Building
Inspector, stating the stre:ut, curb, or sidewalk involved,
the: work to be dont, and th.: tine and place that said person,
firm or corporation dosires to do the work described in said
application. Th,; building; Inspector after being satisfied
that the work desired in said application and the nuthod
of Wrforming said work will not b+. unduly injurious to tho
curb, sidcwalk or stmot, shall thcr,=upon issue a puridt to
the ap�)licant ,ved all work ,xrfomvd shall b,: in accordance
with the a-iplication and permit and all work done shall Ixs
under the inspection and supervision of the Building; Inspuctor
and th+. Binding; Inspector shall have full authority to see
that said work is purfom.d in a m-innur least injurious to the
curb, sidcwalk or street and in a mannar 3at.isfactory to hire.
The :said Inspector shall have authority to have the work
stopped at any tine, rcgirdlLs5 of the fact that purnit h -is
b,:en issued, if in hin opinion the tmannur in which said work
is beim, purform:d shall r,sult in unforusu,.n injury to thu
curb, siduw•elk or strc,:t..
8. DRIVIP G btu SIIyTw;;.LLKS
A. It shall ba unlawful for any person to drive
any automobile, motor trucks, or other motor vehicle on, upon,
or across any sidewalk within the City of Cape Canaveral,
except at permancntly ext,'tblish,.d driveways, without firlit
taking all prt.eaution necessary to prevent injury and breaking
of said sidevalk by thu„pilaci8T_Go of or other. protective
PAGE -290 64
r
MICROFILMED 3.13-80
coverinE of sufficient strength to pr.:vent injury or
brt.akaGut, over the sidewalks buforu driving on, upon or
across the same.
B. Any person, firm, or corporation deranging
and injuring a saidewalk by driving on, upon, or across the
same with an automobile, motor truck, or other motor vehicle,
shall repair or cause the same to be repaired within five
(5) da -is from the injury or breakage, and should the person
responsiblo for the breakage and the rr.sulting damanu fail
to repair thb n-anc within five (5) days, than and in that
event, thu City of Gapo Canaveral shall have the power and
authority to repair said breakrWc and recovor the cost
thorcof from the puraon, firm or corporation responsible for
the breakage.
9. SWIMMING MOI„S -
Swiraing pools shall be installed to City
requirements and a city permit shall be rcquirad :aid approved
by the Building Inspector prior to construction or installation.
A. Swimni.ng, pool aetbacks shall conform to the
zoning requirements if roofed or enclosed. If not so roofed
or enolosud by scrounip! or other rmatcrirl, the outside wall
of the pool shall not he cloner than fife (5) fa -t from any
casum,;nt or lot line. rkll setbacks shall be measured from
the part of the pool nLarust the: property lint; in question and
shill be the scum; an those provid,:d above for accessory building.
B. No swimming pool shall be no located, dcsigncd,
operat(d or miintainud as to interfcr, unduly with the enjoyment
of thUir property ri,;hts by owners of property adjoining swiniing
pool.
C. Lights used to illuminate an- nwirvning pool
shall be array-,wl or shaded as to reflect light away from
adjoining p:N;miscs.
10, AUMMOBILE SERVICE ST,MON RE(JU1.MENTS -
A. All gasoline pumps and 4;aanlinu stoat;;. tanks
:hall bL set back at least fifteen (15) fact from thu right-of-way
line, or to an t:st.ablinhud suthack line and all gsisolinu storage
0R sI•si= 64
PAGE-3
JA?
w�
MICROFILMED
tanks shall be installed under ground.
B. ltrc numbor of curb breaks or driveways
for one establishment shall not excoad two (2) sixty (60)
foot mmimun driveways for oach frontago road and located
not closer than fifteen (15) feet from a street intersection
or lot line. Curb breaks and driveways shall be made or
constructed to city specifications and a city permit shall
bo required and approved by thu Building Inspector prior
to broaking of any curb or installation of a driveway on
or across any right-of-way having a curb or sidewalk.
C. No gasoline and ail filling station
turd no service station (which shall mean tho main building)
shall be erected or located in a C-1 Neighborhood Corrrercial
District, within one hundred and fifty (150) feet of the
property of any existing church, hospital, or public or
parochial school or playgrounds, provided, however, that
nothing hcrcin shall prohibit:
(1) The operation of existing g-zaoline
and oil filling stations or survico stations, provided,
that no station is p).-mittod within 2000 feet of an existing
station by ahortost vehicle route.
ll. RUMISH ON SITE -
On all lots or acrcate there shall be no trash
or debris buried as a result of elcaaninL; the lots for building
or otherwise, uli d.:bris mist Ix, burntd or transported fron
the premises in ,accordance: with sound fire pMVLntion and
sanitary practices, There shall be no incincr;ttors installed
without Pcrr:isaiort by the Board of ;.d justmrtt.
12. 1j'a- .ily K?; ?UIREIfiN'S -
fll buildings nust comply frith the regulations
of the State Board of Hu alth as to all sinitary fzcilitiva or
usaru of said buildings.
PAGE -31 -OF 64
' r J
MICROFILMED 3.13.80
13. HCrfPL X ) X,0,T.iURJT RDFJIREM4TS
In addition to thu Ordinance of the City of
Cape C¢anavoral, all apartrx:nte, motels and buildings must
also comply with the Florida Hotel and Restaurant Commission
regulations provided the use of said buildinl,,s or building
can,. under the inspection of the Florida Hotel and Restaurant
Commission.
14. BUILDING MOVING -
No building sh111 be moved into the City of
Cape C•lnaveral piecemeal or in its untiruty, without permission
of the Board of Adjustmant after h::aring by the Planning and
Zoning Board. No art. --fabricated building shall b. erected
in. tha City of Cape Cenzvural except by parraission of the
Board of Adjustnent after hu;aring by the Plannin,, and Zoning
Board.
15. STMT COli"TRUCTION -
No public roade, or streets shall be constructed
in Cape Canavural by any pursons other than the City, County
or State without approval of their sit and specifications
by the Board of Adjustr-nt after hearing by the: Planning and
Zoning Board.
16. PUBLIC UTII.IMS -
Structures or uses required for such public
utilities as gas, water, electric, scwuraCu ;and telephone can
be loelted within any district upon a public hearing bl the
Planrairg ;and Zoning Hoard and a,proval of the Board of Adjustment.
17. LfJaDS -
All lends r clait%d :uid/or built up by drAging
and/or other mans fron the B-uaana Hivor ihall have •a minimum
grade of suvun and one-half (7l) feet above *r,un high water.
Road grade shall be six and one-half (6) feet above racnn high
water.
18. SHM141 DI1701AL (TsU ,TH.w) F-CLLIT.M3, -
4 sewcr:af;u djnposal (truatrl nt) facilitios
(temporary or pernancnt typo) shall not bt. loc:attd within nix
OR 81-64
PAGE PDF 64
�a�
■
MICROFILMED90
• hundred (600) feet of a residential district and/or trailer
park.
19. 1-1,%T]i MINS „ hD L,'.T:: L'.LS - 7.11 water mains •tnd
laterals shrill be a minimum of six (6) inches in diameter and
must be approved by the City Fngineer.
20. LIQUOR R.RUr"ITS -
Application for zoning permission for bars or
cocktail lounges or package stores shall be considered each
on its own merits by the Board of Adjustment after hearing by
the Planning and Zoning Board.
21. ADVERTI51140 BILLBO,tRD5 -
No advertising billboards will be permitted in
the City. Lighted signs will be authorized only to the extent
,approved by the Bo-ird of Adjustment after hearing by the
Planning and °oning Board. Under this Ordinance a billboard
is designated as any sign advertising or conveying information
of sorvicea that are not available within the limits of the City
of Cape Canaveral. 71iin Ordinance prohibits the use of signs
advertising a general product for wilich onl'1 an outlet is
provided except on the property on which the outlet is located.
22. C;.11;L «IDTH -
ltll canals constructed in the City of Cape Cnn,tverra
shall be a minimum of ei►;lity (80) feet wide.
23. SW B .CK 1EQUI}L MITFS - SpECE.L
(a) State Highway #401a Astranviut Blvd.
1. Set back on east side from southern city
boundary Horth to R-Lni;e Lime 23 will be fifty (50) fent from
highway right -of -wary and get b-Lck on E-tst side from Range
line 23 to Northern City Boundary shall be a minimum of
seventy-five (75) fret from highway right-cf-way.
2. Set back on !Jest side of }lighw:ty #401 from
Southern City Boundary, to Northern City Boundary shrill be .a
minimum of seventy-five (75) fEot from highway right-of-way.
(b) North r.tlantic ,venue (ra so known as State
OR 81-64
PAGE -33 -OF 64
MICROFILMED 3-13.8
Road #401) setback, each side, shall be a minimum of seventy-
five (75) feet from center line of road from the Southern
to Northern Boundary.
(c) Ridgewood Avenue - Setback, each side shall
be a minimum of twenty-five (25) feet from road right -of -wady
from the Southern to Northern Boundary.
2d,. M'14 MM&I P .RK4 .ND/OR SUBDIVISIONS -
There is hereby adopted and made a part hereof
Section 15 of Resolution No. Z-1, known as the "Brevard
County Zoning Regulations". Said action referring specifically
to trailer and trailer perks.
(a) for purposes of construction of said Section
15, Resolution No. Z-1 wherever Bravard County Zoning Department
is referred to, shall mean the Board of ,adjustment of the City
of Cape Canaveral and wherever Brevard County health Officer
is referred to in Section 15, for purposes of construction and
enforcement of this Ordinance, Brevard County flualth Officer
shall mean the Health Officer of the City of Gape Canaveral.
It is specifically provided that the Board of Adjustment sh111
not act upon any application for permits to the Planning Ind
Zoning Board for public hearin;; •.nd its rocommendntions.
ARTICLE VII. OFF SWEET P..RKING :. ND LO XING R:GUL.TIONS
1. DEFINITION -
For the purpose of this ordinance, one auto-
mobile p•.rking space shill be a minirmiM of nine (q) feet by
twenty (20) feet (one hundr.d and eighty (180) square feet
usable for the parking of an automubile and exclusive of ingress
and egress drivewa s to connect the p•irkim, space with a public
street or alley. Sidewalks, porches and landscalyad areas shall
not be consi4ered a pert of a parking space.
2. OFF .")TRrJ'.T P dMEG R'.GUL.TIONS -
A. There shlcll be provided at the tine of the
erection of Arty main building; or s tructure or at the time uW
main building or structure is enlarged or increased in c•zpaciLy
by adding dwellin,; units, guest rooms, floor area or sc,Lts,
OR 81-64
PAGE -34 -OF 64
131
i.
MICROFILMED
3-3.80
minium off street automobile parking space with adequate
provisions for ingress or egress in accordance with the
following requirements:
1. Auditorium, theaters or other places of
assemble - onr, space for each throe persons or seats.
2. Business or commercial buildings - one space
for each three hundred square feet of customer sales area.
3. Churches, temples or places of worship - one
space for each four persons or se-Lts.
4. Clubs or lodges - one space for each four seats
of persons accomodati!d in the assembly hall or auditorium.
5. Dwelling structur4•s shall have one parking
space per efficiency unit; one and o ter parking
space (14) per one bedroom unit; and one and one half (1j)
parking spaces per two bedroom unit. Any fractional parking
space shrill be considered a fully parking space.
6. Hospitals, sanitariums - one space for each
four patient beds, exclusive or spaces required for doctors,
attendants, nurses, and ambulances.
7. Hotels - one space for each bedroom.
9. Libraries, museums - a parki.n•. area equal to
fifty percent of the floor area open to the public.
q. Kanufacturing and industrial uses - one space
for each three employees on the largest working shift.
10. Medical or dental clinics - five spaces for
each doctor or dentist.
11. Mortuaries - one space for every six seats
of chapel capacity, plus one additional space for each three
employees.
12. Motels - one space far onch sleeping unit plus
one space for the owner or manager.
13. Kursing or convalescent homes - one space for
each four beds.
14. Office and professional buildings - one space
for each three hundred square feU of gross floor area.
OR 81.64
r-A,'E-35-nF
MICROFILMED 3,13.80
15. Restaurants or other aping places - one
space for each three seats.
16. Pnoming, boarding houses - one space for
each bed.
17. Cocktail Lounges - one space for each three
seats.
18. Schools - one sp-rice for a vory six salts in
the main auditorium.
3. IACATIiOH -
.1. Parking spaces for all dwellings shall be
located on the same property with the main building to be
served.
B. Parkin:; spaces for other uses shall be
provided on the same lot or not more than three hundred (300)
fact distance.
C. Parking requirem:nts for two or more uses,
of the sem or different types, may be satisfied by the
allocation of the required number of spaces of each use in
a common parking facility, provided that the total number of
spaces is not loss than the sum of the individual require-
ments and that the requirements of location nro complied with.
f,. OFF STRi; :T LOADING RFGUE:,TIOHS -
The following spaces shrill be provided for
the uses indica,tod.
A. Every hospital., institution, hotel, single
occupancy, commerci it or industrial building, or similar use
having a floor area in excess of ten thousand (10,000) square
feet requiring the receipt or distribution by vehicles of
materials and m.:rchandis-., shall have at least one permanently
maintained off stmex t loading spacu for the first ten thousand
(10,000) square fact, and one .additional space for each twenty
thousand (20,000) square feet of gross floor area or fraction
thereof, over and above the f irst ten thousand (10,000) square
feet.
OR 81.64
PAGE -36 -OF AA
MICROFILMED 3.I3.8
B. Single occupancy ret -ill operations, W'olcsalo
and industrial operations with a Cross floor arc's of less than
ton thousand (10,000) square feet shall provide sufficient
receiving space on the property so as not to hinder the free
movement of vehicles and pedestrians over a side walk, street
or alley.
C. Rich space shall have direct access to an alley
or street ind ahlll have the following minimum dimansions.
Length, forty-five (45) Sect; width, twelve (12) feat, height,
fourteen (14) feet.
5. pERA4`MIT R'.SERVITIONS -
Area reserved f or off street parking or loading
in accordance with the requircments of this section shall not
be reduced in arca or changed to any other use unless the
permitted use which it serves is discontinued or modified
except when equivalent parking; or loading space is provided
to the sAisfiction of the Board of Ajustment.
l.ItTICLJ VIII - AIXI d7ISTrILTION :M ENFOACU ENT -
BUILDING PERMITS :JID CERTIFIC:M69 OF ZONIKG CUIPLIANCE.
1. OltINI5MMON ..ND MFORCEENT -
A. ;Ln - dndnistrltive official designated by the
city council shall achninistur vid unforcu this ordinance.
He may bu provided with the assistance of such other persons
as thu city council may dir.:ct.
B. If the administrative official Will find that
any of the provisions of this ordinance are being violated,
he shall notify in writin,; the person r.:sponsiblc for such
violations, indicating the n-►ture of the violation .and
ordering the action necasairy to correct it. He Will order
discontinuance of illegal use of the: I %nd, buildings, or
structures; removal of illegil buildings or structures ur
of n dditions, alterations or structural chtng..s thereto;
discontinuance of •iny illegal work brinf, done; or shall take
any other action authorized by this ordinance to insure compliance
PAGE -37 -OF 64 13
f 1
MICROFILMED 3,13.80
with or to provcnt violation of its provisions.
2. WILDING PE111TS ft,;QIJMD —
A. No building or other structure shrill be
erected, moved, added toy or structurally altered without
a permit -Therefor, issued by the administrative official.
No building permit shall be issued except in conformity with
the provisions of this Ordinance, except after written order
from the Board of ;Wjustmant.
3. APPLIC;.TION FOR BUILDING PLRTiIT —
A. ,111 applications for building Nr,-.iit3 shall
be accompanied by plans in duplicate, drawn to scale, showing
the actual dimonsiona and shape of the lot to be built upon;
the exact sizes and locations on the lot of buildings already
existing, if any; and the location and dimensions of the pro—
posed building or rttteration. The application shall include
such other information an lawfully may be required by thu
administrative official, including existing or proposed building
nr alturration; existing or proposed uses of the building and
land; the nunber of families, hcusekc.;ping units or rental
units the building is designed to accomodate; conditi-;ns
existing on the lot; and such other matters as ruV bu necessary
to determine conformance with, and provide for the enforcement
of this ordinance.
D. Ono copy of the plrwa shall be r(Aurned to
the applicant by the administrative official, after he shall
hive marked such copy either an approved ur disapproved and
attested to same by his signatur4 on such copy. The second
copy of the pl•tns, similarly marked, shall be mtlincd by
the administrative official.
4. CERTIrIC:,7eS OF ZONING COFIPLLINM FOR NEV,
ALZEMID, uR TION—CONFOMING USES —
A. It shall be unlawful to use or occupy or
permit the use or occupancy of any building r)r premises, or
both, or part thervof herc•.ft•er cre tted, eructed, ch•mge,
converted, or wholly or partly altu n:d or enlarecd in its use
OR 81-64 ; 3'
PAGE 3a -OF 64
MICROFILMED 3.X3,80
�r tAr•uraur.; u:tti.3 n,r.:rt-i ir.:c.t .,(' .,,air
r. ...t. ii , •:,,• t, n Cl t
h,:v,: b•:::a ia:suca th,:rufor ''Y thj •c•lrtuurtr•ttivr. c+t'i'lra. a
at.•etittj; t!>, -Lt they rrnposod unas o;' thF buiAding or land eunfutsss
C". or `.hi:: c.t:ltr:'Lcu
B. No nun-cenfortcirtg structure; or use a,trell hj
maintaim.,d, runewoti, ch-mg.d, or c:, tcr, is d -,htii .: c,;rt�'ic .t•:
Of zr•n.}nP, .r ' i'er,c�i
c•. 7:.. :,"111 1:,•,.. _.x•Z i:;:sE::d ry 'h., 'es+rcl.:iist,; :five
offlciasl. 5}eL ccrtiLic_tt 4A .ut:i,,; r e„E.li^r - •,i t . �..
c} cif ictl4 W.,:nAn !,h•: r;: rl• coacfw r..irt; us: frc•r.t th
Fror'_r.i,;:tR rf ;iAn arlin.•t^a, rm.vi•icrl th^.t urea unwt,-art
nr ^r,at3r.::rt c1' this c ^dtr: n.: .rr 'T rrc••, •:e . ;f e11,,1 ,
confer:-ttj; u:c.s ..r rt: -+au:,,.. r!i%!1 hw:• 0arc. rwt;a:a .}r'J
:or ci;rtl f tf.".�, e] CS 7,", ,tm`
7i: A-! n :,i ! hall b
''f!% thin h. c;3 ttanntha n
th't tho pro -,,:rt} s;•::: I.-, ca:c':..r.i• 1L t.; I..
mint or amur,ducnt ui ti.ic %,ribv rc,t.
or r.:,: ii« .r • y
.. ! 3,� i�,:u.l tt.,, i ::t tr�+ie:�i•:ts
has bcE:i m.•t,le for .a curtil't.u.te of car.}lii L,nrt:, end t}to
certificate Shall be isned in conformity with the provisions
Of this ordinance upon ;or„plction of the work,
D. 1 tinpor-try r,;rt.lf is ttu of zr,nang r. �m,�11 irtcc
mar bo iasuud by the 'uiminintr-ttivu offirial for y period not
cxcvedin„ si% r,Onti:u :ait•tn1; alt,.: •e_.iens or n-:rti:1 ocl pxjc;;
of ►building pun!ittr, its rcrplcticn, provid,; I th•st such
tompor,L y cartificatc may r•oquirc such conditions and safe-
guards •cs wil,. pr �t•:ct th, „r t!;,.
a:d the
public:.
I+. 'ihu adntfnistrltivu official shall rtanit.in
IL rocord of -111 certific tua of zoning compli•tnco, and copies
shill be furnished upon request to any person.
F. Failure to ri*t.•►in a cortific stet of aoninp
compliance shall be n violzt,inn of thiel rrrciirr'u,co reel f:ttnishtrblc
under :ioction 1f, of this ordinanrc.
j R 81.64 1
PAGE -39 -OF 64 '
r
MICROFILMED 3.13,80
5. EXPM TION OF BUILDING PEYWIT: SP30TILL BUILDING
PERMIT —
A. If the work described in any building permit
has not begun within 90 days from the date of insuance,
thereof, said perrit shall aY,ire and be c.ncelled by the
administrative official, and written notice thereof shall be
given to the persons affected. Provided, however, that in
the event the wnrk described in any building permit has not
within 90 days from the date of issuance thereof, the
Administrative Cr:'cer may grant a 40 day extension of said
building permit upon proper npplication and no foes shall be
shirked for the said extention.
13. If the work dosaribcd in -any building permit
has not boon subntnntia3ly completed within one year of the
date of issuance thereof, said pormit sh111 vxpire and be
^ ncolled by the ndministnative official, -end written notice
thereof shall be given to the persons affected, together
with notice that further wort .as doiscribcl in the cancelled
Permit shall not prorced unless and until a spacial building
permit has been obtained.
C. At tho discrotion of the adninistrative official,
such special permit may be based on the original application
or he m1y raquiro submission of a new application. Tye
special permit may include limitations on ti:a allowed for
.:ubst.nnti^.]_ camplction of the work, and provisions for a
reasoniblc porforminco bond to insure creaplLtion within the
time lirAt set.
ItRTICLE IX — BOAM OF ADJUSTIENT: PROCEC: M
1. The City Council pitting an the Board of
Adjustwnt is hereby established.
2. PROCFMINGS OF THE BO.•.RD OF ..DJ;;37TJP •-
A. ilia Beard of Ad justrecnt ri-01 ar:oy t rules
ries^^_nary for the conduct of ito iffairn, and fn kecf.Lrz with
the provisions of this ordinance. Moutirega rh•.? 1 b:: held at
OR 81-64
PAGE -%D -OF 64
. - MICROFILMED 3.13.80
the call of the chairman and at such other times as the
Hoard of Adjustment may determine. The %airman, or in his
absence the acting chairman, may administer oaths and compel
the attendance of witnesses. All meetings shall be open to
the public. ,
B. The Board of Adjustment shall keep minutes
of its proceedings, showing the vote of each member upon each
question, or if absent or failing to vote indicating such fact,
and shall keep records of Its examinations and other official
actions, a}1 of which shall be a public record and be immediately
filed in the office of the Board.
3. HEARMS: APPEAL"): NOTICE
A. Appeals to the Board of Adjustment may be
taken by any person aggrieved or by arty officer or bureau of
the governing body of the city affected by any decision of the
administrative official. Such appeals ahallbe taken within
a reasonable time, not to exceed 60 days or such lesser period
as may be provided by the rules of the Board, by filing with
the administrative official and with the Board of Adjustment
a notice of appeal specifying the grounds thereof. The
administrative official shall forthwith transmit to the Board
all papers constituting the record upon which the action appealed
from was t*en.
B. The Hoard of Adjustment shall fix a reason-
able time for the hearing of the appeal, give public notice
thereof as well as due notice to the parties in interest, and
decide the same within a reasonable time. At the hearing, any
party may appear in person or by agent or attorney.
4. STAY OF PROCEEDINGS
An appeal stays all proceedings in futherance
of the action appealed from, unless the administrative official
from whom the appeal is taken ccrtifiss to the Board of Adjust -
Mont after the notice of appeal, is filed with him, that by
reason of facts stated in the certificate, a stay would, in his
OR 81.64
PAGE -4a -OF 64
13 �_
MICROFILMED
3.13.80
opinion, cause imminent peril to life and property. In
such case proceedings shall not be stayed other than by
a restraining ordar which may be granted by the Board of
Adjustment or by a court of record on application, on notice
to the administrative official from whom the appeal is taken
and on due cause shown.
5. THE BOARD OF ADJU5TK-',NT. PO;4TMS AND DUTIES -
A. The Board of Adjustment shall have the
fallowing powers and duties:
1. Administrative review - To hear and
decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by the
administrative official in the enforcement of this ordinance.
2. Special Exceptions: Conditions Governing
Applications; Procedures - To hear and decide only such
special exceptions as tha Board of Adjustment is specifically
authorized to pass on by the terms of this ordinance; to
decide such questions as are involved in determining whether
special exceptions should be granted; and to grant special
•:xeoptions with such conditions and safeguards as are appropriate
under this ordinance, or to deny special exceptions when not in
harmony with the purposes and intent of this ordinance. A
special exception shall not be granted by the Board of Adjustment
unless and until:
(a) A written:pplication for a special
exception is submitted indicatLng the si.etion of this ordin mco
under which the special exception is sought and statin;; the
grounds on which it is requested;
(b) Notice shall be given at least fifteen
days in advance of public hearing. The owner of the property
for which special exception is sought or his agent shall be
notified by mail. notice of such hearing shall be posted on
the property for which special exception is sought, at the
City Hisll, and in one other public place at least 15 day9 prior
OR 81-64
131
PAGE -42 -OF 64
MICROFILMED 3.13.80
to the public hearing;
CO The public hearing shall be hold.
Any party may appear in person, or by ag,nt or attorney.
(d) The Board of Adjustment shall make
a finding that it is empowered undor the section of this
ordinance described in the application to grant the special
exception, and that the granting of the special exception
will not adversely affect the public interest.
3. In granting any special exception, the
Board of Adjustment may describe appropriate conditions and
safeguards in conformity with this ordinance. Violations of
such conditions and safeguards, when made a part of the terms
under which the special exception is granted, shall he doomed
a violation of this ordinance and punishable under Seeltion 16
of this ordinance. The Board of Adjustment shall prescribe
a tiem limit within which the action for which the special
exception as requirud shall be begun or completed, or both.
Failure to begin or complete, or both, such action within the
time limit set shall void the special exception.
4. Variances; Conditions Geverninf applications;
Procedures - To authorize upon appeal in specific cases such
variance from the terms of this ordinance as will not be
contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of this
ordinance would result in unnecessary hardship. A variance
from the terms of this ordinance shall not be granted by the
Board of Adjustment unless and until:
(a) A written application for a variance
is submitted demonstrating:
L. That special conditions and circumstances
exist which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures,
or buildings in the same district;
2. That literil interpretation of the provisions
06? 81.64
PAGE -43-0F 64 146
f
MICROFILMED 3.13.80
of this ordinance wbaid deprive the applicant of rights
commonly enjoyed by other propocties in the same district
under the terms of this ordinance;
3. That the special conditions and circum-
stances do not ttiault from the actions of the applicant;
4. That granting the vcrianca requested
brill not confer on the applic-int any special privilege that
Is denied by this ordinance to the other lands, structures,
or buildings in the samu district.
(b) No non -conforming use of neighboring
lands, structures, or buildings in the same district, and
no permitted use of lands, structures, or buildings in other
districts shall bo considered grounds for the issuance of a
variance.
(c) Notice of public hearing shall be Given
as in Section 9 (2) (b) above;
(d) The public hoaring shall ba: hold. Any
party may appear in person, or by 81; nt or by attorney;
((;) 11,e Board of Adjustment shall make
findings that the requirements of Section 9 (3) (a) have boon
met by the applicant for a variance;
(f) Iiia Board of Adjustment shall further
mike a finding that the reasons set forth in the application
justify the granting of the variance, and that the variance
is the minimum variance that will make possible the reasonable
use of the land, building, or structure;
(g) The Hoard of Adjuntment shall furthcr
make a finding that the granting; of the variance will brr in
harmony with the general purpose and intent of this ordinance,
will not be injurious to the neighborhood, or otherwise detri-
mental to the public welfare.
(h) In granting any variance, the: Hoard of
Adjustment may proscribe appropriatu conditions and safeguards
in conformity with this ordinance. Violation of such conditions
OR 81.64 141
PAGE -44 -OF 64 r
• . MICROFILMED
and safeguards, when made a part of the torms under which
the variance is granted, shall be duumod a violation of
this ordinance and punishable under Section 16 of this
ordinance.
(i) Under no circumstances shall the Board
of Adjustmant grant a variance to permit a use not generally
or by special exception permitted in the district involved,
or any use expressly or by implication prohibited by the
terms of this ordinance in said district.
5. Decisions of the Hoard of Adjustment.
(a) In exercising the above mentioned
powers, the Board of Adjustment may, so long as such action
is in conformity with the terms of this ordinance, reverse
or affirm, wholly or partl.,r, or may modify the order, require-
ment, decision, or determination appealed from and may make
such order, requirtmtne, decision, or determination as ought
to be made, and to that end shall have powers of the admin-
istr-itivu official from whom the appeal is taken.
(b) The concurring vote of four members
of the Board shall be necessary to ravorse any order, mquiro-
mint, decision, or determination of the administrative official,
or to dedide in favor of the applicant on any matter upon
which it is required to pass under this ordinance, or to
effect any variation in the application of this ordinance,
ARTICLE X. SCIEDULE OF FEES, CHARGES AND EXPENSES -
1. The City Coundil shall establish a schedule
of fees, charges, and exponscs, and a collection procedure, for
building permits, certificates of zoning compliance:, appeals,
and other matters pertaining to this ordinance. This schedule
of fees shall be posted in the office of the administrative
official, and may be altercd or amended only by the City Council.
2. No permit, certificate, special exception, or
variance shall be issued unless or until such costs, charges,
foe s, or expenses have been paid in full, nor shall any action
U i; 81.64 .
I-A(,'E -45flF 64 ��z
MICROFILMED 3.13.80
bu taken on proceedings before the Board of Adjustment unless
and until preliminary charg4s and fees have boon paid in full.
ARTIGM XI. AWND14MTS -
1. The regul*ions, restrictions and boundaries
out forth in this ordinance may from time to time be amended
supplemented, chai2ged or repcalod, provided, howover, that no
such action may be taken until after a public hearing in
relation thereto, at which parties in interest and citizens
shall have an opportunity to be heard. At least fiftoun
days notice of the time and place of such hearing shall be
published in a newspaper of general circulation in the city.
2. In case, however, of a protest against such
change signed by the owners of twenty pur-lont or more either
of the area of the lots included in such proposed change, or
cf those owners within 500 feet in any district from the
property included in such proposed change, such amendtacnt
hall not bceomo effective excupt by tho favorable vote of
three-fourths of the City Council. .
ARTICLE XII. PROVISIONS OF OJDD,'A]�M 0%CLAILED TO
Frz 1111'll•luhl x.rjfIRr:ru1T9 -
In their inturpre:tation and applic'ition, the provisions
of this ordinance shall tic held to ba minimum requirements,
adopted for Lhe promotion of the rublic health, safety, morals
or goncral welfare. 1(berevcr the requirements of this ordinance
are at variance with the requirements of any other lawfully
adopted rules, regulations, ordinances, the: most restrictive
of that imposing the higher standards shall govern.
ARTICM XIII. COITPLAINTS IZ:GARDDU VIOLATIONS -
,'henuver a violation of this ordinance occurs, or
is allage:d to have occurred, any person may filo a written
complaint. Such complaint stating fully the causes and basis
thereof shall b,: filed with the administrative official. He
shall r. cord properly such complaint, it-T,wdi�it,.]y investigate,
'Ind teku action thereon as provided by this ordinincu.
OR 81.64
PAGE -46OF 64
MICROFILMED 3.13.80
ARTICLE XIV. PENALTIES FOR VIOLATION
1. Violation of the provisions of this ordinance
or failure to comply with any of its r4quirements shall constitute a
misdemcanor. Any person who violates this ordinance or fails
to comply with any of its requirements shall upon conviction
thereof b: fin.:d not more than Ono Hundrod Dollars ($100.00)
or imprisoned for not mors than 30 days, or both, and in add-
ition shill pay all costs and expenses involved in the case.
Each day such violation continues shall b, considered a
scparatc offense.
2. The owner or tenant of any building, structure
premises, or part thereof, and any asehitect, builder, contractor,
agent, or other person who cormits, participates in, assists in,
or m•'iintains such violation, may be found guilty of a sopzrate
offense and suffer the penalties herein provided.
3. Nothing herein contained shall prevent the
city from taking such other lawful action !15 is necessary to
prevent or remedy .any violation.
ARTICLS XV. D*YMITIONS
1. For the: purpose of this ordinance, ccrtnin
words and terms arr. hereby dofin::d. Words used in the present
tense include tho future tznuc. fiords used in singular number
include the plural and words used in the plural include the:
singular. 7hc word "person" includes a firm, partnership or
corporation. The word "Building" includes the word "structure:
2. The word "shall" is always mandatory and not
merely directive. Thu word "used" or "occupied" as applied to
•uny 1.1nd or building shell b4 construed to include the words
"intended", "arringcd"; or "designed to be used or occupied."
3. ACCHMSORY BUILDIKC AND USEI.
A subordinate: building or a portion of the
main building, the use of which is incidont%l to that of the
dominate ust: of the building or land including accessory signs,
o, -z 81-64
PAGE -�«7-OF 64
f
MICROFILMED
3.13 -ow
bon's fide servant's quarters, and green houses operated on
a non-cor.mercial basis. An accessory use is one that is
incident -d to the main use of the premises, and shall include
swimning pools.
I
4. ALLLY --
A public or private way which affords only a
secondary mans of access to property abutting thereon.
$. APAMENT HOUSE --
A building designed for or occupied oxclusivcly
by three or more families with soparato housekeeping and
cooking facilities for each.
6. BOARDIIJG HOUSE (LODGING HOUSE) -
A building other than a hotel, where, for
compensation and by prearrangement for a definite period,
meals, or lodging and meals are provided for three (3) or
more persons.
7. BUILDING -
Any structure designed or built for the Support
enclosure, shelter, or protection of persons, animals, chattles
or property of any kind.
8. BUILDING, MAIN -
A building in which in conducted the main or
principal use of the lot on which said building is situated. ,
9. EoinDIl.G, HEIGHT OF -
Thi: vcrtic-a distance from the grade to the
highest point of the coping of a flat roof or to the rowan
height level between eaves and ridge for gable, hip or
gambrul roofs. there no gr•-tdc has been established the
height of the building may be maasured from tho mean elevation
of the finished lot grade at the front of the building.
10. BULKMAD -
A retainer w..*al or structure dosigned to protect
the erosion of land by waster action or acts of nature.
OR 81- 64
64 C,/
PAGE -4" -OF r
1�'
,
MICROFILMED
11. BUI,K�'1•U LIME (INTERIOR)
An artificial line established in or along
a river, watercourse, or other body of water, in order to
fix and establish the maximuFn distance from existing shore
lino within which filling will be permitted.
12. C..N..L
An artificial wntorcourse, trench or ditch
in the earth for confining water to a defined channel.
13. C..M:.L LOT -
n parcel or land adjacent to a canal.
14. CLINIC -
L clinic is an establishment where patients,
are admitted for examination and treatment by one person or
a group of persons practicing any form of healing or health
building servicon to individuals and such persons must be
madical doctors, chiroprators, dentists, or any sinilar
profession and practice of which is licensed in the 5tato of
Florida.
15. CLUB -
im association of person, for some cannon
purpose, but not including groups organized primarily to
render a service which is custonirily carried on as a business.
The tem "private club" shall apply to all nationally recognized
rind chartered social organizations not operated for profit.
16. CONDI'I'ION:.L USE -
ik use not adverse to the public interest and
which is annroved by the City Council. „hen, after review
of an application and plans appurtenant thereto and public
hearing thereon, the Planning and Zoning Board finds as a
fact that the proposed use or uses rare consistent with the
General Zoning Plan and the public interest, the Hoard May
m,c om..cnd to the City Council an approval thereof,
OR 81-64
PAGE -490F 64
3.13.80
4 MICROFILMED 3.13.$4
17. COURT -
An open, unoccupied, unobstructed space,
except for trees, shrubs and fountains, stnturgy, other
than a yard, on the saes lot as a building.
18. COURT, BUDWIOW -
A bung-ilow court is a group of three or more
single fsnily dwellings on one or more adjoining lots,
having separate outside entrances on the ground floor level
for each single fvaily dwelling, including all open spacas
required by this ordinance.
19. COURT, INMER -
h court surrounded by a structure and not
extending to a str44t or alley or to a front, side or rear
yard.
20. COURT, OUTER ..
A court extending to a street or alley or to
a front, side or rear yard.
21. CURB LEVEL -
Thu curb level or grade is the elevation of the
street curb established by the City.
22. DORMITORIES -
A plur•ility of rooms or building containing
sleeping aeeorv,dations which facility is oporat.;d for the
use of sleeping room rentals.
23. tar a LING -
i'my building or portion therof which is designed
for or used for residential purposes, but not including Frailer
Coach, or a converted trailer, hotels, motels, lodging houses,
boarding houses, and dormitories.
24. DIMLING, SINGLE-F.d4ILY -
A detached residence designed for or occupied by
one family only.
OR 81.64
PAGE -50 -OF 64
r
• , MICROFILMED 3,13,80
25. DWELLING, TWO-FAMILY -
A residence designed for or occupied by two
families only, with separate housekeeping and cooking; facilities
for each.
26. MELLEG, IIULTIPLF;-FAMILY-
A residence designed for or occupied by three
or more fwailes, with separato housekeeping and cooking
facilities for each.
27. EFFICr.;NCY APARTI4EIlT -
A dwelling unit in which the kitchen, living,
sleeping and dining facilities are located within one roon.
28. FAMILY -
One or pore persons occupying a dwelling and
living as a single housekeeping unit, as distinguished from
persons occupying a boarding house, lodging house or hotel,
as herein defined.
29. FENCE -
An artificial barrier, wall ordivider constructed
in order to provide privacy, protection or decoration.
30. FINGER -
A Tian -rade portion of land nearly surrounded by
water, consisting of a roadway ending in a cul-de-sac and
having lots abutting on the roadway and the water.
31. FLOOR AMA, MINIM! -
The overall floor area of a dwelling or structure
exclusive of porches, carports and garage.
32. GAUW APAUTMMirNT -
An accessory or subordinate building containing
living facilities for not more than one family, which living
facilitics shall not occupy noru than and amilyy-which-living
frtailiL3ca �h ill not accupY-norr-t,han fifty percent of the
total floor area.
33. G4RAG :, PRIVATE:
An accessory building or a portion of the principal
building used for the storage of automobiles of the occupants of
OR 81-64
PAGE -510F 64
L
MICROFILMED 3.13.80
the principal building. A carport is a private garage.
3G. GAIML, PUBLIC -
A building or portion thereof; other than a
private or storage garage, designed or used for the sale,
storage, nk:rvicing, repairing, equipping and hiring of
motor driven vehicles.
35. GA,iAG•., STORIGr -
A building or portion thereof dusigned or
used exclusively for the storage or parking of autorobilus.
Services, other than storagu at such storage garage shall
be linitcd to rcrfueling, lubrication, washing, waxing and
polishing.
36. GAS STATION (SURVI= STATION) -
A structure designed or used for the retail
sale or supply of fuels, lubricants, air, water, and other
operating commodities for rotor vehicles and including the
customary space and facilities for the installation of such
eornnodities on or in such vehicles, but not including space
or faeilitica for the storngu, repairs, refinishing or other
servicing of motor vehicles.
37. GRADS FlN ISHEM
The conpletu surface of lawns, walks :And drive-
ways brought to grade as shown on the plans or designs relating
thereto.
38. GUEST COVAG:: -
Living quartors within a detached accessory
building located on the s,u,<: lot or parcel of 1•ind -is the
principal building, to be used exclusively for housing rwnburs.
of the family occupying the principal building and their non-
paying guests; such quartore shall not be rented or otherwise
used as a separate dwulling.
39. GUEST (TOURIST) HOM -
A private,dwollinr in which transient sleeping
accomm odat ions are provided for compensation, especially motor
O1? 81-64
PAGE -52 -OF 64
/to
• r M IOROFILMED 3.13.80
tourists or travelers.
40. HOM OCCUMMON -
Any use conducted entirrly within a dwelling
and carried on by an occupant thereof, which use is clearly
incidental and secondary to the use of the dwelling for
dwelling purposes and does not change] the character thereof
and provided, that all of the: following conditions are not:
Only such corenoditics as are made on the premises nay be sold
on the prenises. However, all such sales of hone ace upation
work or prcaucts shall be conducted within a building and
there shall be no outdoor display of norchandise or products,
nor shall there be any indoor display visible from the outside
of the building. Ho person shall bu engaged in any such horse
occupation other than two r.:ombcrs of the irnediatc family
residing on the prer:uscs. No mechanical cquipr..ent shall be
used or stored on the prcnise:s in connection with the home
occupation, except such that is norrally used for purely
dorxstic or household purposes. Not over twenty-five percent
(250 of the floor arca of any one-story shall be used for
hor:c occupation purposes. No sign shall be used other than
one non-illuninatod name plate attached to the building entrance,
which plate shall not exceed two (2) uquar.: feet in arra. Each
location shall be ap -rovud by the Council. Fabrication of
articles such as art: cor.�aonly classified under the turns "arts
and handicrafts" nay be de(,ned a home occupation, subject to
the other terns and conditions of this definition. Hone
occupations shall riot bo construed to include barber shops,
beauty parlors, tearooms, food processing, restaurants, sale
of antiques, corrnL reial kennels, real estate offices or
insurance officr,s.
kl. HOTEL
Any building or group of buildings containing
sleeping room accornodations for twenty-five (25) or nore
OR 81.64
PAGE -53 -OF 64
1�
MICROFILMED
3.13.80
guests and providing service generally provided by hotels,
42. JUNK YARD --
An open area whero old and dilapidated auto-
mobiles, trucks, tractors, and other such vehicles and parts
themof, wagons, and other kinds of vehiclos and parts thereof,
scrap, building materials, scrap contractor's equipncnt,
tanks, casks, cans, barrels, boxes, druns, piping, bottles,
glass, old iron, machinery, rags, papers, excolsior, hair,
nattresnes, beds or bedding or any other kind of scrap or
waste naturial which is stored, kept, handled or displayed
within the City limits.
43. LAUNDRY, SELF SL'RVICE -
A business that provides horxa typo washing,
drying and/or ironing nachinus for hire to be used by custorscrs
on the pruriiscs.
44. LOADIiir. SPACE -
A space within the rain building or an the sane
lot, providing for the standing, loading or unloading of trucks
or other notor vchicl,s.
45. LODGING kiOUS! -
A building other than a hotel or boarding house
whirr<: lodging for throe: (3) but not noru than L%sonty-four (24)
persons is provided for definite periods for conponsation
pursuant to provious arrangements.
46. LOT -
A lot is a parcel of land of a size sufficient
to m,,t the minictun ruquirencnts for use, coverage, and aroma,
and to provide such yards and other open spaces as are herein
required. Such lots shall have a frontage on an improved
public street, and nay consist of (a) a single lot of record,
(b) a portion of a lot of record, (c) a combination of eonplate
lots of record, and portions of lots or r,.cord, (d) a parcel of
land described by metes and bounds, provided however, that in
no case of division or combination shall any residual lot or
OR 81.64
WAGE -54 -OF 64
1511
MICROFILMED
parcel be created which does not noct with the requirenonts
of this ordinance.
47. WT, CORNER -
Any lot situated at the junction of and
abutting on two (2) or more intersections or intercepting
streets or public highways. If the angle of intersection
of the direction lines of two (2) highways is more than one
hundred and thirty-five degrccs (135) the lot fronting on
said intorsection is not a corner lot.
48. LOT, D0UffiE FROHTAGE.-
A lot having a frontage on two (2) non -inter-
section streets as distinguished fron a corner lot.
1,9. LOT, INTERIOR -
Any lot which is not a corner lot.
50. LOT OF RECORD -
A lot which in part of a subdivision, the map
of which has been rneorded in the office of the Clark of the
Circuit Court of Drovard County, or a parcel of land, the
deed of which was recorded in the office of the Clerk of the
Circuit Court of Brevard County.
51. LOT WIDTH -
The mean horizontal c:istance between the side
lot lines, measured at right angles to the depth.
52. LOT DEPTH -
The depth of a lot is the distance neasured in
a nean direction of the sido lines of the lot fron the middle
point of the front line to the twiddle point of the opnosito
rear line of the lot.
53. IAT KNEMED COR2 ER -
A corner lot, the str--ct aide lot line of which,
is substantially the continuation of the front lot line of the
first lot twits rear.
OR 81.64
P ^ GE -510F 64
3.13.80
•3.13=80
• MICROFILMED
54. MOM -
A building or group of buildings whether
detached or in connected units, used as individual sleep-
ing or dwelling units designed primarily for transient
automobile travelers, and providing for accessory off street
parking facilities adjacent to each unit and having individual
unit entrances. Tho terra "IMM includes buildings,
designated as auto courts, tourist courts, motor lodges and
similar applications.
55. NON -CONFORMING USE -
The use of a building, or portion thereof, or
land, or portion thereof, which does net conform with the use
regulations of the district in which it is located.
56. NURSING (CONVALESCENT) HOME -
A home for the ag.d, chronically ill or incurable
persons in which three or more persons not of the irnediate
family are received, kept, or provided with food and shelter
or care for compensation, but not including hospitals, clinics,
or similar institutions devoted primarily to the diagnosis
and troatmont of the sick or injumd.
57. PLWNl:G A14D ZONING BOARD -
Ibe Planning and Zoning Board of the City of
Cape Canaveral, Florida.
58. BOARD OF ADJU5T3+.17T -
A Board of Adjustm nt is hur.;by established
which shall consist of five (5) nemburs.
The organization and procedures under which the
Board operates, its arrang,nent of necting, adoption of rules
and its method of handling appo d!i , variances or any other
related natters shall be in conforr.Lity with the provisions of
Chapter 176, Florida Statutes of 1461, and any aricndmwnts
thereto.
Where there arc practical difficulties or
unnecessary hardshipo in thu way of carrying out the strict
OR 81.64
PAGE -56 -OF 64
1�
MICROFILMED 3-13.80
latter of this ordinance, appeals to the Hoard m0.y be taken
by any person aggrieved or by any department of the governing
body of the City of Cape Canaveral affected by any decision
of the administrative official.
The Hoard shall have the following duties and powers:
1. To hear and decide appeals where it is allogud
there is error in any order, requiranent, decision or detormin-
ation rade by the administrative official in the enforcement
of this ordinance.
2. To authorize upon appeal in specific cases such
variances fron the turns of this ordinance as will not be
contrary to the public interest where, owing to special conditions,
a literal unforccrent of the provisions of the ordinance win
result in unneccn nary hardship and so that the spirit of the
ardinance shall be ob served and substantial justice done.
3. In exercising the above mentioned powers, the
Hoard by the concurring vote of four nenbers may reverse or
affirm, wholly or partly, or Modify the order, requirements,
decision or determination appealed from and nay make such
order, roquirenent, decision or determination as ought to be
midc, and to that and shall have all the powers of the official
from whore the appeal is traken.
4. In considering all proposed variationo to this
ordinance the Hoard shall, before making, any finding in a
specific case, first deteriiine that the proposed variation
will not constitute any change in the Districts and will not
impair an adequate supply of light and air to adjacent
property, or materially increase the congestion in public
streets, or increase the public datagcr of fire and safety,
or naterially ditUnish or impair established property values
within the surrounding arca, or in any other resp.:ct impair
the public health, safety, morals, and gonural welfare of the
City.
5. Any person or persons jointly or severally,
OR 81.64
PAGE -57 -OF 64
MICROFILMED 8.13=80
aggrieved by any decision of the Board, or any taxpayer, or any
officer, department of the City Council may present to a court
or record a petition, duly verified, setting forth that such
decision is illegal, in whole or in part, speeifyiM the grounds
of the illegality. Such petition shall be presented to the
court within thirty (30) days after the filing of the decision
in the office of the Board, otherwise the decision of the Board
will be final. The Board of Adjustm. nt shall fix a reasonable
tiro for the hearing of appeals or other natters referred to
it and give notice to the parties and decide the sarr within
a reasonable tine. At the hearing any party may appear in
person or be represented by agent or attorney.
6. A foe of twenty-five (25) dollars shall be paid
to the Building Inspector at the tine of notice of appeal is
filed, which fee shall be used to defray the cost of advertising
the hearing.
59. SETBACK -
The ninirnua horizontal distanco between the
street, roar or side lines of the lot and the front, rear or
side lines of the building. Men two (2) or more lots under
one (1) ownership are used, the exterior property lines so
grouped shall be used in det,:rraining setbacks.
60. SIM., -
Any device designed to inform, or attract the
attention of persons not on the prerd3us on which the sign
is located, provided however that the following shall not be
included in the application of the regulations herein:
(a) Signs not exceeding; one square foot in
area and bearing only property nuribers, post box numbers,
or narks of occupants of prordses;
(b) Flags and insignias of any government except
when displayed in connection with comricrcial promotion;
(c) 1,egnd notices; identification, information,
OR 81-64
PAGE 59 -OF 64
.�Q
MICROFILMED 3.13.80 _~
or directional signs oreetod by governmental bodies;
(d) Integral decorative or architectural
features of buildings, except letters, trademarks, moving
parts or roving lights;
(e) Signs directing and guiding traffic and
parking on private: property, but blaring no advertising natter.
61. SIM -15, 14UI-MLR AND SURFACE AFi1A.
For the purpose of deternining number of
signs, a sign shall be considered to be a single display
surface or display duvico containing elements organized,
related and corposed to for. a unit. Where .attor is displayed
in a random nanner without organized relationship of elcrscnts,
or where there is reasonable doubt about the r,:lationship of
elements, each olvnent shall be considored to be a single sign.
The surface area of a sign shall be com.put d as including; the
entire area within a parallelogram, triangle:, circle or soni-
circle comprising; all of the display arca of the sign and in-
cluding; all of the cicrrcrets of thu ratter displayed, but not
forning part of the display itself, or frames surrounding
display areas.
62. SIGN, ON-SITE
A sign relating in its subject matter to the
pmnises on which it is located, or to products, accoialodations,
sorvices, or activities on the prenises. On -Site signs do riot
include: signs enacted by the outdoor advertising; industry in
the conduct of thu outdoor advertising business.
63. SIGN, 011 -SITU' -
A sign other than an on-site sign.
64. STOAY -
Tnat portion of a building included butwcon
the surfacu of any floor and the surface: of the: next floor
above it, or if there be no floor above it, then the space
betw"-n such floor and ceiling; next above it.
OR 81.64
PAGE -59 -DF 64
3:13,80
MICROFILMED
65. MEET -
A public or private thoroughfare which affords
the principal m. ans of access to abutting property. This
includes lane, place, way or other means of ingree or egress
regardless of the term used to describe it.
66. STIM T RIGHT-OF-WAY LINE -
Tho dividing lino botweon a lot, tract or parcel
of land and contiguous street.
67. STRUCTURE -
Anything constructed or erected with a fixed
location on the ground, or attached to something having a
fixed location on the ground. Among other things, structures
include buildings, walls, fences, tillboards, and poster panels.
68. STRUGIURAL ALTZItMON -
Any changes except repair or ruplacerient in the
supportiry; nunbers of a structure, such as bearing walls or
partitions, collLrms, beans, or girders, or any substantial
change in the roof or in the exterior walls.
69. 3WI VB'G POOL —
Any constructed pool used for swirming or
bathing over twenty --four (24) inches in depth or with a
surface area exceeding two hundri:d and fifty (250) square
feet.
70. TW IV -,R COACH -
Any vuhiclo used, or no constructed as to
permit its being used as a conveyance, upon the public streets
or highways, and duly licensible as such, and which is con-
structed to pernit occupancy as a dwelling or sleeping place
for one or more pt:rsons.
71. 1'.kRK -
A park, licensed and approved be the State
Beard of licalth rind established to carry on the business of
parking trailer coaches.
OR 81.64
PAGE -60 -OF 64
72. YARD -
MICROFILMED
3.3.380
A required open spacc unoccupied and un-
obstructed by any structure or portion of a structure from
30 inches above the general ground level of the graded lot
upward, provided however, that fences and walls may be
permitted in any yard subject to height limitations as
indicated herein.
73. YARD, FRONT -
A yard extending between side lot lines across
the front of the lot.
In any rc.quircd front yard, no fence or wail
shall be perrdtted which raterially impedes vision across
such yard above the height of 30 inches, and no hedge or
other vegetation shall bo permitted which rvtterially impedes
vision across such yard between the heights of 30 inches and
ton Sect.
In the case of through lots, unless the pre-
vailing front yard pattern on adjoining lots indicated
otherwise, front yards shall be provided on ;All frontage.
Where one of the front yards that would nomally be required
on a through lot is not in keeping; with the prevailing yard
pattern, the adrdnistrative official ray waive the require-
rnent for the norrml front yard and substitute: therefor a
special yard rcquirurwnt which shall not exceed thi: average
of the yards provided on adjacent lots.
In the east: of corner lots which do not have
reversed frontage, a front yard of the required depth shall
be provided in accordance with tho prevailing yard pattern
and a second front yard of half the depth required generally
for front yards in the district shall be provided on the other
frontage.
in east, of r,�vcrscd frontage corner lots, a front
yard of the required depth shall be provided on either frontage
and a second front of half the depth required generally for
OR 81.64
PAGE61- OF 64
.V
MICROFILMED
3.13=80
front yards in the district shall be provided on t he other
frontage.
In the case of corner lots with mre than two
frontages, the adrdnistrative official shell deturr..ine the
front yard roquirenents, subject to the following liraitntions:
(1) At least on(-, front yard shall be provided, haveing the
full depth required generally in the district; (2) No other
front yard on such lot shall have leas than half the full
depth required generally.
74. DEPTH OF RFQUIfiED FRONT Yj',HDS SHALL fig EVASUR&D
At right anles to a straight line joining the foth mst
points of the side lot lines. The foremost point of fhe side lot
line, in the case of rounded property corners at a.,rcet inter-
^cations, shall be assuned to be the point at which the side
and front lot lines would hnvu r.c:t without such rounding.
Front and r..ar front yard linos shall b.: parallel.
75. MD, SIT -
A yard extending from the roar line of the
r.quircd front yard to the: rear lot line.
In the case of through lots, side yards shrill
uxtrnd from the mar lines of the front yards required. In
tho casc of corner lots with nornal frontage, thea: will be
only one side yard, adjacent to the interior lot. In the
case of corner lots with reversed frontage, the yards remaining
:after the full and half -depth front yards hnvo been cxtablished
shell be considered to bu gide yards.
76. .'IDTH OF IUDVIRSD SIDE YARDS SIULL BE tEASURED
At right anglos to a straight line joining the ends of front
and mar lot lines on the sem gide of the lot. The inner
side yard line of a required side yard shall be parallel to
the straight line so extablished.
77. YARD, RL,LR -
A yard entending across the tear of the lot
between inner side yard lines. In thL c,asu of through lots
OR 81.64
PArFG2- OF 64
a
4 ' , • • M l C R a'F ILM ED ®. _ .,.....�
3.13.80
alk z] rovei8ed lotal there will be no rear
Yard. in the case O: co--r-dr iota t',=th nor .al frontage,
ti1C rear ya^a Sil:i1 e:.tCnd froa 6he inner wide yard line of
side yard adjacent to Lho_ intericr lot to the rear line of
the half -depth f: o:,t yarzi.
70. DE H OF i12QUlRZD 112.,111 .ARDS SHALL BE 1. ASURED
at rj ht ars ' es t - 9 �+ line d u r + points
6 �;l to a ��.Lc1��•:t4 a.1C o_n_n the earzto:,,, o_nts
to the side lot lino^. Tine for C."'d rear yard line of a
rcqui.rsd rear ya:,J oiiall ire parcllcl to the straight line
y�o outwbil--hod.
79. a ic: uCCy: - ir.� w_ni _r.z!icLten the location
of yards on
rcctanZu_!zr
iota:
LOTS
REAR
t'r.IND L.'.=3
Ul
The diagr:... _'lastrat_ location and t cthc',::, of =4carurin3
__
yards on nonz��c-.;alar 1O J GE--t-oF 64OR 81.64
n •,
0"
MICRONLMED �•�3,8
i
ARTICIZ XVI. SEPARABILITY CI UM -D;
' �'�1on or provision of This Ordinance
A k Should arty. gc
be declarW by +141;urta to be unconstitutional or invalid,
�s/�ch ,deci's'ion_ shall not affect the validity of the ordinance
}'baa a.Whole, or in any part thereof other than the part so
declared to be unconstitutional or invalid.
This Ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council f the city of Cape
Canaveral, Florida, thia_Z�/ _day . of ^ � . `f , 1964.
��� "mW -POW
Attest:
ti
cit
y er
Approved as to Form:
C 'y . tt rney
First Reading: �%'? ,.,zc, _• [?t_.._
Ported on City Hall Bulletin Board:11._11; 4. 121.+�
Second 'Reacting: ✓'. % _
OFFICIAL. RECORD
DO NOT REMOVE -