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Home My WebLink AboutOrdinance No. 12-1971 (copy of book) T-1/\ / 2 - 71 ! \ CAPE CANAVERAL ZONING ORDINANCE • • . • - • ZONING REGULATIONS - CAPI: CANAVERAL, FLORIDA Table of Contents Page • I. Purpose 1 II. Repeal of Conflicting Ordinances -- 4 1II. Short Title -- _.____----.--•---_-__-- 4 TV. Establishment of Districts: Provisions for Official Zoning Map •- 4 V. Application of District Regulations •- 9 VI. Non-conforming Lcts, Non-conforming Uses of Land, Non-conforming Structures, and Non- conforming Uses of Structures and Premises ----------- 12 VI' . SOtedule of District Regulations Adop.ed ------ -- - 20 • R-1 Single Family Residential District - 20 • R-2 One, Two and Multiple Family Dwelling District - 23 R-3 Multiple Family Dwelling District - 29 TR---1 Single Family Mobile Home District -------------• 32A -1 Low Density Commercial District --•- 33 C-2 General Commercial District -- 39 T-1 Tourist District 43 '•1-1 Light Industrial and Warehousing District --• 47 • M-2 General Industrial District -• 53 M--3 General Industrial District -----• -- 54 VIII. Schedule of Special Exceptions Permissible By ' Board of Adjustment for. Planned Development 56 IX. Off-Street Parking and Loading Regulations 85 X. Home Occupations -------- 90 XI. Performance Standards -•------ 92 ''I. SupplementaryDistrictegulat.ions 99 XIII. Admi��rarioAn ant-4. d of cement - Building Permits and Certificates of Occupancy 108 I Imo _LPage XIV. Board of Adjustments - Establishment and Procedure 113 lbw .fir XV. Board of Adjustment - Powers and Duties 114 XVI. Appeals from the Board of Adjustment 122 XVII. Duties of Building Official, Board of Adjustment and City Council on Matters of Appeal 123 LXVIII. Amendments 124 III XIX. Schedule of Fees, Charges and Expenses 127 XX. Provisions of Ordinance Declared to be Minimum Requirements 123 XXI. Complaints Regarding Violations -- 129 illXXII. Penalties for Violation 130 XXITI. Separability Clause - - 130 XXIV. Definitions 131 i111 XXV. Effective Date - 148 i II III I in # L ...., . ... i,.. 4....,...............„ ______ ZONING REGULATIONS - CAPE CANAVERAL, FLORIDA V. ORDINANCE NUMBER 12.71 AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FOR THE CITY OF CAPE CANAVERAL, FLORIDA, AND PROVIDING FOR P THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF, IN i. ACCORDANCE WITH THE PROVISIONS OF CHAPTER 176, FLORIDA 'g STATUTES. AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT Ir. HEREWITH. ihm I. PURPOSE WHEREAS Chapter 176, Florida Statutes, empowers the City to rm enact a zoning ordinance and to provide for its administra- tion, enforcement, and amendment, and am . WHEREAS the City Council deems it necessary, for the purpose Imo of promoting the health, safety, morals, and general welfare E. . of the City to enact such an ordinance, and m, WHEREAS the City Council pursuant to the provisions of Chapter 1 176, Florida Statutes, has appointed a Zoning and Planning Board r.. to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein, and a Iir. WHEREAS the Zoning Commission has divided the City into districts and has prepared regulations pertaining to such z districts in accordance with a comprehensive plan and designed „ail to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and the general I welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of popula- tion; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public require- L. ments, and F Nos WHEREAS the Zoning Commission has given reasonable consideration, among other things, to the character of the bur districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encour- armi aging the most appropriate use of land throughout the munici- pality and WHEREAS the Zoning Commission has made a preliminary , ft. report and held public hearings thereon, and submitted its fine' report to the City Council and NMI WHEREAS the City Council has given due public notice of hear- tr. ings relating to zoning districts, regulations, and restric- tions, and has held public hearings, and b WHEREAS all requirements of Chapter 176, Florida Statutes, ar' with regard to the preparation of the report of the Zoning and Planning Board and subsequent action of the City Council aro have been met; -2- ._ NOW THEREFORE BE IT ORDAINED BY THE PEOPLE OF THE CITY OF CAPi, CANAVERAL, FLORIDA: I . I LII. REPEAL OF CONFLICTING ORDINANCES Ordinance No. 81-64 of the City of Cape Canaveral, as amended, is hereby abolished and repealed, and all other City ordi- nances, resolutions or general laws, or any part thereof, in 11"" conflict with any provisions of this ordinance are hereby abolished and repealed. III. SHORT TITLE This ordinance shall be known and may be cited as "The Zon- ing Ordinance of the City of Cape Canaveral, Florida. " few IV. ESTABLISHMENT OF DISTRICTS: PROVISION FOR OFFICIAL ZONING MAP 1. Official Zoning Map - The City is hereby divided into zones, or districts, as shown on the Official Zoning Map Iw which, together with all explanatory matter thereon, is r hereby adopted by reference and declared to be a part of this ordinance. The Official Zoning Map shall be identified by the signa- ture of the Mayor attested to by the City Clerk, and bearinc; the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred f kmI in Article IV of Ordinance Number �` of the City of Cape Canaveral, Florida" together with the date of the inn adoption of this ordinance. • Mrs iw -4- If, in accordance with the provisions of this ordinance ai,., and Chapter 176, Florida Statutes, changes are made in district boundaries or other matter portrayed on the Of- ficial Zoning Map, such changes shall be made on the Of- ficial Zoning Map promptly after the amendment has been bre approved by the City Council, together with an entry on the Official Zoning Map as follows: "On (date) , by offi- w Ito cial action of the City Council, the following (change) changes were made in the Official Zoning Map: (brief des- tine cription of nature of change) , " which entry shall be signed by the Mayor and attested by the City Clerk. The urn amending ordinance shall provide that such changes or x amendments shall not become effective until they have been roe duly entered upon the Official Zoning Map. F lira No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity inn with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or per- sons shall be considered a violation of this ordinance and punishable as provided under this ordinance. Sem Regardless of the existence of purported copies of the tem Official Zoning Map which may from time to time be made or published; the Official zoning Map which shall be stored -5- i. in the vault in City Hall when not in use, and readily available to the public shall be the final authority t"" as to the current zoning status of land and water areas, buildings and other structures in the City. Imo f 2. Replacement of Official Zoning Map - In the event that Um the Official Zoning Map becomes damaged, destroyed, lost, . I or difficult to interpret because of the nature or number of changes and additions, the City Council may by resolu- Ition adopt a new Official Zoning Map which shall super- sede the prior Official Zoning Map. The new Official Zonin IMap may correct drafting or other errors or omissions in th prior Official Zoning Map, but no such correction shall Ihave the effect of amending the original zoning ordinance or any subsequent amendment thereof. The new Official IZoning Map shall be identified by the signature of the Mayor attested by the City Clerk, and bearing the seal of Ithe city under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No, of the City of II Cape Canaveral, Florida." Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the t prior map or any significant parts thereof remaining, shallboa . be preserved together with all available records pertain- ing to its adoption or amendment. ;' r -6- r • L, 3. Rules for Interpretation of District Boundaries - Where I uncertainty exists as to the boundaries of districts as Imo shown on the Official Zoning Map, the following rules shall apply: Or a. Boundaries indicated as approximately following the rcenter lines of sLreets, highways, or alleys shall i.m be construed to follow such center lines; L ° b. Boundaries indicated as approximately following • platted lot lines shall be construed as following I ' such lot lines; • c. Boundaries indicated as approximately following City IIIlimits shall be construed as following City limits; d. Boundaries indicated as following shore or bulkhead lines shall be construed to follow such shore or bulk- head lines, and in the event of change in the shore or Ibulkhead line, shall be construed as following the original shore or bulkhead line; boundaries indica- I . ted as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of I water shall be construed to follow such center lines; e. Boundaries indicated as parallel to or extensions of I features indicated in sub-sections (a) through (d) Iabove ill be so construed. Distances not specific- ally indicated on the Official Zoning Map shall be de- 11 termined by the scale of the map; F -7- r 16. f. In cases where the actual location of physical 'feature: LI. varies from those shown on the Official Zoning Map, . or in other circumstances not covered by sub-sections 't" (a) through g (e) above, the Board of Adjustment'shall T interpret the district boundaries. bow r h. f irop t two t law $' I . I ihri 1 —8— V. APPLICATION OF DISTRICT REGULATIONS The regulations set by this ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly: 1. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, recon- structed, moved, or structurally altered unless in con- -- formity with all 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 accommodate or house a greater number of families; (c) To occupy a greater percentage of lot area; (d) To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein 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 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 parking or loading space similarly required for any other building. ""' -9- 4. No yard or lot existing at the time of passage of this_ Iwo ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or • • lots created after the effective date of this ordinance shall meet the minimum requirements established by this rr.. ordinance. p 5.. Within each district, the regulations set by this ordinance shall be minimum regulations and shall apply uniformly to each class or kind of structure or land. r 6. Every building or structure hereafter erected shall be located on a lot as defined herein. Every building hereafter erected or structurally altered shall be on low a lot adjacent to a public street, or with access to a public street. for 7. The zoning classification of all property which may hereafter be annexed to the City shall be determined by the City Council upon recommendation of the Zoning tam and Planning Board at the time of annexation. Imo 8. Any use which in the opinion of the building official is similar to a permitted use,or a use allowed as a Special Exception,shall be treated in the same manner as the use to which it similar. Any application awe to permit a use which in the opinion of the building 7 a -10- official is not similar to a listed permitted use or a use allowed as a Special Exception, or due to its r r. nature is an unusual use, shall be referred to the Board of Adjustment which will, according to the pro- rsm cedures set forth for a Special Exception, determine the proper zone for such use. The Board of Adjustment may prescribe appropriate additional conditions and safe- guards in the public interest. Yr F bias r but im p fir. rr fir c -11- FORMING STRUCTURES, AND NON-CONFORMING USES OF STRUCTURES • AND PREMISES. 1. Intent - Within the districts established by this ordinance, or amendments that may later be adopted, there exist lots, structures, uses of land and structures and characteristics of use which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or res- tricted under the terms of this ordinance or future amendments. It is the intent of this ordinance to permit these non- conformities to continue until they are removed, but not to encourage their continuation. Such uses are declared by this ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this ordinance that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district. tiro 2. Extension and Enlargement - A non-conforming use of a structure, a non-conforming use of land, or a non-conforming rrs use of a structure and land shall not be extended or enlarged after passage of this ordinance by attachment on „o a building or premises of additional signs intended to be seen from off the premises, or by the addition of other �,. uses of a nature which would be prohibited generally in the district involved. __ -12- To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction, . E. or designated use of any building on which actual construc- tion was lawfully begun prior to the effective date of adoption or amendment of this ordinance and upon which lbw actual building construction has been diligently carried L on. Actual construction is hereby defined to include the placing of construction materials in permanent posi- tion and fastened in a permanent manner. Except that L where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, imp such demolition or removal shall be deemed to be actual r construction, provided that work shall be diligently Ow carried on until completion of the building involved. Non-Conforming Lots of Record - In anydistrict in which 3. No a C single family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single family dwelling and customary accessory buildings may be• erectedjd{on any single lot of record at the effective Idate of adoption or amendment of this ordinance. Such lot must be in separate ownership and not of continuous Ifrontage with other lots in the same ownership. This provision shall apply even though such lot fails to meet itthe requirements for area or width, or both, that are generally applicable in the district, provided that yard Ldimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations L -13- tor the district in which such lot is located. Variance of area, width or yard requirements shall be obtained only. through action of the Board of Adjustment. 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 passage or amendment of this `., ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by it this ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, itra and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established `r. by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements in this ordinance. ire 4. Non-Conforming Uses of Land - Where, at the effective date of adoption or amendment of this ordinance, lawful use of land exists that is made no longer g permissible under the terms of this ordinance as enacted or amended, and where such use involves no individual structure with a replacement cost exceeding $1,000, such use may be continue, so long as it remains otherwise lawful, subject to the Im following provisions: (a) No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of -14- adoption or amendment of this ordinance; unless such it use is changed to a use permitted in the district Lin which such use is located; L. , (b) No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel 6. occupied by such use at the effective date of adoption or amendment of this ordinance; Lii. (c) If any such' non-conforming use of land ceases for any r m reason for a period of more than 90 consecutive days, r any subsequent use of such land shall conform to the iMw regulations specified by this ordinance for the F district in which such land is located; or !. (d) No additional structure which does not conform to b.+ the requirements of.this ordinance shall be erected Ems in connection with such non-conforming use of land. F ' ' Non-Conforming Structures - Where a lawful structure . kali exists at the effective date of adoption or amendment of ., this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot L. coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may E . be continued so long as it remains otherwise lawful subject • to the following provisions: Low -15- ,. (a) No such structure may be enlarged or altered in a waywhich increases its non-conformity, but any structure or portion thereof may be altered to de- crease its non-conformity; (b)• Should such structure be destroyed by any means to 7 an extent of more than 50 percent of its replacement ir. cost at time of destruction, it shall not be reconstru except in conformity with the provisions of this ism ordinance; 1hr (c) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located f after it is moved. 6. Non-Conforming Uses of Structures or of Structures and r. Premises in Combination - If a lawful use involving indi- vidual structures with a replacement cost of $1,000 or • more, or of structure and premises in combination, exists at the effective date of adoption or amendment of this vim ordinance, that would not be allowed in the district under 1rr the terms of this ordinance, the lawful use may be continue so long as it remains otherwise lawful, subject to the following provisions: P (a) No existing structure devoted to a use not permitt.t_.,.:i by this ordinance in the district in which it is lucaL �"` -16— • Lir . shall be enlarged, extended, constructed, recon- structed, moved or structurally altered except in changing the use of the structure to a use permitted E. in the district in which it is located; E. • (b) Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or de....gned for such use at the time of adoption or amendment of this ordinance, but no •such use shall Lbe extended to occupy any land outside such building; L. (c) Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the non-conforming use may not there- after be resumed; L (d) When a non-conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months or for 18 months .Turing any three-year period (except when government action impedes access to the premises) , the structure, or structure and premises in combination, shall not lam thereafter be used except in conformance with the 101 regulations of the district in which it is located; -17- I L (e) Where non-conforming use status applies to a structure ; I and premises in combination, removal or destruction of the structure shall eliminate the non-conforming statu of the land. Destruction for the purpose of this sub- section is defined as damage to an extent of more than 50 percent of the replacement cost at time of destruction; (f) The following schedule shall be followed in terminatio non-conforming use of structures or of structures and premises, except for residential uses: 1 Assessed Valuation Time Allowance of Improvements Before Termination II $ 1,000 - $ 2,499 5 years $ 2,500 - $ 4,999 10 years $ 5,000 - $ 9,999 • 20 years $10,000 - $24,999 30 years $25,000 - $49,999 40 years $50,000 - Over 50 years '1 E Non-conformities not involving the use of a principal structure, e.g. , open st=age, building supplies, vehicle, mobile home, implement and machinery storage, signs, billboards, junk yards, commercial animal IIIyards and the like, shall be discontinued within two (2) years of the effective date of this ordinance or amendment. • -18- 7. Repairs and Maintenance - On any building devoted in whole or in p-+rt to any non-conforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on f k" repair cr replacement of non-bearing wails, fixtures, wiring or plumbing, to an extent not exceeding 10 percent of the current replacement value of the building, provided that the Ems cubic content of the building as it existed at the time of pas- sage or amendment of this ordinance shall not be increased. E • Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any build- ihm ing or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official. 8. Uses Under ExceptionProvisions Not Non-Conforming Uses - Any Prov use for which a special exception is granted as provided in this ordinance shall be deemed, as to that particular special Lexception, to have all the rights and privileges of a conforming use. Ire 9. Temporary Uses - The casual, intermittent, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a non-conforming use. Such use shall not be l validated by the adoption of this ordinance unless it complies Irs with the terms of this ordinance. F -19- r. 1 I 1 1 THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK I I 1 1 I I -20- irr • p hem 0 lbw ins THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK boo p him NAM ism boo 7 wens aaaaaa� a a a a THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK a a� nam i -22- a V11. Schedule of District Regulations Adopted ikon. District and Intent • im Dw.c. R-1 Single Family R Jc 'ial District L The provisions of this district are intended to apply to an E. area of single family residential development. Lot sizes and other restrictions are intended to promote and protect L. a high quality of residential development. f 1. Principal Uses and Structures - Single family dwellings. 2. Accessory Uses and Structures (a) Non-commercial piers, bathhouses, and loadingplaces p ces in- tended solely for the use of the adjoining residences, providing that the following conditions are met: 1.. No dock or pier shall extend over five (5) feet be- yond the property line unless the abutting water.- way is over 100 feet in width at such point where Ymr the pier or dock is constructed; 2v. No water craft moored to such use shall be used as iftrr living quarters; P 3. All applicable regulations and restrictions of the Corps of Engineers and other county, state and local in controls shall be adhered to. L i\-1 ., L . • (b) Non-commercial botanical nurseries and greenhouses; L (c) Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, includ- P ing garages, carports, and the like, in keeping with the M residential character of the district. F 3. Special Exceptions Permissible by Board of Adjustment r • (a) Public utility uses and rights-of-way essential to serve - the neighborhood in which it is located; Um (b) Public and private schools with conventional curriculums; Lpublic libraries; (c) Churches and other places of worship; parish houses; L (d) Golf course and clubhouse, tennis and racket club and similo activities in keeping with the residential character of r. the district; vim (e) Public safety structures and equipment, such as fire • L substations, civil defense facilities and the like; (f) Public and semi-public parks, playgrounds, playfields, IIand ecreation facilities; 4.0 zi ential Planned Unit Development, excluding mobile home parks, as set forth in Section VIII (1) . (h) Home occupations subject to the provisions of Section X. L 4. Prohibited Uses and Structures L. • (a) All uses not specifically or provisionally permitted -24- ( n„. L • Lherein; and any use not in keeping with the single family residential character of the district, including two Ifamily and multiple family dwellings, townhouses, and mobile home parks; 5. Area and Dimension Regulations I • . .,: . . Minimum Minimum Minimum Maximum Lot Minimum Maximum Lot Area Lot Width Lot Depth Coverage Living Area Height ' I7,500 75 feet 100 feet 30% 1, 300 sq. 25 ft. sa. Zt. ft. I Minimum Yard Reouirements Side Side Front Interior Lot Corner Lot Rear. II 25 ft 8 ft or 10% 25 ft. 25 ft. of width of 20 ft. lot up to when 20 ft. , abutting IE whichever an alley is greater _ ; I • I . I . -25- lll5l_L1CL 0.11u 1...c_, R-2 One, Two and Multiple Family Dwelling District In The provisions of this district are intended to apply to an Li area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intender Lto promote and protect medium density residential development, maintaining an adequate amount of open space for such develop- Lment. Some non-residential uses compatible with the character of the district are also permitted. 1. Principal Uses and Structures - Same as R-1, and in addition: (a) Two family dwellings; (b) Multiple family dwellings, provided however, that in no thereIL � wellin; case shall be more than twenty- . units per net residential acre. 1(3 56 O * 2. Accessory Uses and Structures - Same as R-1, and in addition: (a) Parking lots and facilities in conjunction with one or Lmore principal uses. C C 3. Special Exceptions Permissible by Board of Adjustment -- Some ILas R--1, and in addition: (a) Home occupations in single family dwellings; C , , / 5 (..f2 s .y a L (7,' d,v( . ''- 1.. * As amended 3/7/72 -26- R-2 . (b) Hospitals, convalescent homes, nursing homes for human care except institutions primarily for mental L care; (c) Public and private clubs and lodges not involved in the Lconduct of commercial activities; (d) Governmental office buildings, institutions and cultural facilities; (e) Kindergartens, nurseries, and child care facilities; L (f) Permitted uses or uses permissable by Special Exception exceeding 40 feet in height. 4. Prohibited Uses and Structures L (a) All uses not specifically or provisionally permitted herein; any use not in keeping with the residential character of the district. a 5. Area and Dimension Regulations .Lim Minimum Minimum Minimum Maximum Lot Minimum Maximum Lot Area Lot Width Lot Depth Coverage Living Area Height L R-2 One and 'i'N:o , L One Family 7,500 sq' 75 ft. 100 ft. 35% 1,000 sq' per 25 ft. dwelling unit Two Family 7,500 sq' 75 ft. 100 ft. 35% 750 sq'. per 25 ft. dwelling unit Multiple Family L4.110,000 75 ft. 100 ft. 35% Efficiency �. sq. ft. apts. : 450 except as sq. ft. 1 bed- provided room apts: 650 under sq.ft. 2 bedrm. Special apts: 750 sq.ft Exception 3 bedrm.apts: . 900 sq.ft. plus 100 sq.ft 27_ for each additional bedrm _ R-2 EW % Minimum Yard Requirements • .7r1 Side In- * Side Corner Front terior Lot Lot Rear ._ One and Two Family 25 ft. 8 ft. or 10% On all non-conforming lots of 25 ft.; of width of record as defined in Section VI, 20 ft. .r lot up to 151 paragraph 3, on side corner when ft. , whichever lots there shall be a minimum abutting is greater setback of ten (10) feet or the an alley average depth of existing set- backs, whichever is greater. The Ammill average depth of existing setbacks shall be determined. by buildings located on lots five hundred (500) feet on either side of property on ~NI the same side of the street. a■emm Ammo' Multiple Family 011144 25 ft. 15 ft. plus * On all non-conforming lots of 20 ft. 3 ft. for record as defined in Section VI, plus 2 ft. III each 10 ft. or paragraph 3, an side corner lots for each increment there- there shall be a minimum setback 10 ft. or of over 20 ft. of ten (10) feet or the average increment in height. depth of existing setbacks, which- thereof III ever is greater. The average over 20 depth of existing setbacks shall ft. in be determined by buildings located height. on lots five hundred (500) feet III on either side .of property on the same side of the street., III * As amended 3/7/72 -28- , District and intent_ Sft R-3 Multiple Family Dwelling District The provisions of this district are intended to apply to an area of high density residential development. Lot, height, and Iother building restrictions are intended to accommodate an intense degree of development, maintaining an adequate amount Iof open space for residential uses. Some non-residential uses to serve high density residential uses are also allowed. 1. Principal Uses and Structures - Same as R-1 and in addition: I (a) Two family dwellings; (b) t•'ultipie family dwellings, motels, hotels; boarding house, IIII lodging house, guest or tourist home, provided, however, that in no case shall there be more than f O .�cr+!t-pr� dwelling units per net residential acre; (c) ;professional offices, studios and similar uses; II (a) Medical and dental clinics and related laboratories; (e) Government offices. 1 2. Accessory Uses and Structures - Same as R-2, and in addition: 1 iii (s) Lira;ted retail and service establishments when operated within a single complex of 35 or more units, including Idrug and sundry shops, confectionary and coffee shops; 4 1 . s --29- R-3 newsstand; personal services; delicatessens; eating and drinking establishments; laundry and dry cleaning pickup stations and laundromats and similar uses, provided that no commercial display is visible from outside a principal building. Such accessory use shall not exceed five (5) percent of the gross floor area of a principal use. r 3. Special Exceptions Permissible by Board of Adjustment - Same aro as R-1, and in addition: (a) Public and private clubs not involved in the conduct of commercial activities; (b) General office buildings; (c) Governmental office buildings, institutions and cultural facilities; • (d) Hospitals, restoriums, convalescent homes, nursing hones for human care except institutions primarily for mental care; (e) Uses exceeding 40 feet in height; (f) Uses exceeding 40 dwelling units per net residential acre; (g) Marinas, including but not limited to water craft used for dwelling purposes; (h) Kindergartens, nurseries and child care facilities. (i) Home occupations in single family dwellings. Eme * (j) Radio and television studies, broadcasting towers and <antenn * ?1s amended 3/7/72 -30- R--3 . 4. Prohibited Uses and Structures r V . (a) All uses not specifically or provisionally permitted Lherein. I \ 5. Area and Dimension Regulations L Minimum Minimum Minimum Minimum Maximum Lot Living Or Maximum Lot Area Lot Width Lot Depth Coverage Floor Area Height R-3 . Aim Resi_lential and Offices L 12,000 100 ft. 100 ft. 40% Same as NONE sq. ft. R-2 and in addition, the ratio of gross floor E. area to lot area shall not exceed ' L0.5: 1.0 Churches, Hospitals, and the like ilia 1 acre 150 ft. 100 ft. 35% - NONE L , ef ' _ . . . _L • • . L . . 11 ______ s .,,m Minimum Yard Requirements Side Interior Side Corner Front Lot Lot Rear Om R-3 a F !ter Residential and Offices f . 25 ft. 15 ft. plus 25 ft. plus 20 ft. O,., plus 3 ft. for each 2 ft. for plus 2 2 ft. 10 ft or each 10 ft. ft. for for increment or increment each 10 Lea each thereof over thereof over ft or 10 ft or 20 ft. in 40 ft. in increment increment height height thereof L • thereof over 20 ft. over in height, 40 ft. in height IChurches Hospitals, and the like I 25 ft. 15 ft. plus 3 ft. 25 ft. plus 3 25 ft. plus 3 for every 5 ft. of ft. for every 20 ft. ft. for building height 5 ft. of when abuttin every over 40 ft. building height an alley; I 5 ft. over 40 ft. ' plus 3 ft. of for every 5 build- ft. of ing building I height over height over 40 ft. 40 ft. I 1 1 -32- District and Intent • • TR-1 Single Family Mobile Home District 4 The provisions of this district are intended to apply to an area of single family mobile home development. L 1 . Principal Uses and Structures (A) Single family mobile homes IC2. Accessory Uses and Structures la) Cabanas, provided that they are a manufactured metal ICproduct and are attached to the mobile home; (b) Customary accessory' u.ses of a residential nature, Lclearly incidental and subordinate to the principal • use. Accessory uses shall have no sanitary plumbing Lir or kitchen facilities. L3. Special Exceptions 11 (a) None 1 Structures 4. Prohibited Uses and ..tractures 1 (a) All uses not specifically or provisionally permitted herein. 5. Area and Dimension Regulations Minimum Minimum Minimum Maximum Lot Minimum Maximum Lot Area Let Width Lot Depth Coverage Floor Area Height I:: 2,500 50 ft. none 40% 350 sq.ft. 15 ft. sq. ft. M'u l,r:r ,. vltd Requirements Front Side Rear 15 ft. 5 ft. 5 ft. 5 -32A- District and Intent ..\ C-1 Low Density Commercial District [ . • The provisions of this district are intended to apply to an area adjacent to major arterial streets and convenient to major residential areas. The types of uses permitted are E. intended to serve the consumer needs of nearby residential neighborhoods as well as the commercial needs of the motorist. ' b"' Lot sizes and other restrictions are intended to reduce conflict: with adjacent residential uses and to minimize the inter- ims ruption of traffic along thoroughfares. 1. Principal Uses and Structures The following uses and structures are permitted for any use or I: group of uses that are developed, either separately, or as a unit with certain site improvements shared in common, on a site of C • three (3) acres or less: /� (a) & £ a __ r__-a 4 a' eft. (9.I: ,r.L.�I! , L (b) Retail stores, sales and display rooms; (c) Personal service establishments such as beauty and barber Ern shops, laundry and dry cleaning pickup stations, tailor shops, and similar uses; Lim (d) Professional offices, studios, clinics, laboratories, general offices, business schools and similar uses; E (e) Hotels, motels, L , , . , . ., _ , v , 1 .4,...0.6..,_ ,6),.af.,,,, ,.....o . , , . -33- C-1 - n more an 40 dwe ling units r net (f) Eating and drinking establishments; 1 (g) Public and semi-public parks, playgrounds, clubs and lodges, cultural facilities, hopsitals, clinics, restor- iums, mortuaries, funeral homes, government offices, schools, churches and similar uses; (h) Banks and financial institutions; f (i) Public and private parking lots and garages; • (j) Commercial recreation such as driving ranges, bowling 1 alleys, and similar uses; (k) Plant nurseries and greenhouses, providing that all outside display of merchandise shall be contained in the required setbacks; (L) Repair service establishments such as household appliances, radio and TV and similar uses, but not including automobile • • repairs r c-()III- YMI,141/aL 441-ri, l5 `C1-lilt .. 2. cc . "[i 'es and S u u es .AL1 G�r✓c.G Customary accessory uses of one or more of the principal uses clearly incidental and subordinate to the principal use, in keeping with the low density commercial character of the bow district are permitted. F L -34- ,' �\ 1 3. Special Exceptions Permissible by Board of Adjustment (a) Public utility uses and rights-of-way (b) Veterinary hospitals and clinics providing that the following conditions are met: 1. All areas used for boarding or temporary housing of animals shall be completely enclosed unless appro- tug priate safeguards are constructed to control objection- able odors and/or noises, as determined by the Board r of Adjustment. * 2. Any area used for boarding or temporary housing of Ism animals shall be buffered from all adjacent properties by a visual screen, meeting the specifications of Section XII and any other conditions required by the Board of Adjustment. (c) Radio and television studios, broadcasting towers and antennas; (d) Service stations, subject to the following provisions: 1. Minimum lot area: 15,000 square feet 2. Minimum lot width: 100 feet 3. Minimum lot depth: 100 feet r 4. Maximum lot coverage: 25% 5. Minimum floor area: 1,000 square feet 1111 6. Maximum height: 25 feet C * As amended 3/7/72 -35- P tam 7. Minimum building setbacks: from any street: 40 feet interior side: 25 feet rear: 15 feet 8. Other minimum setbacks from any property line: W Pump islands: 25 feet Canopy: 20 feet Signs, portable or fixed 15 feet Storage tanks: 15 feet ins And in addition, underground storage is required for all recepticles for Yuri combustible materials in excess of 55 gallons. 9. Curb cuts: The number of curb cuts or driveways shall P not exceed two (2) for each street frontage. Such curb cuts shall be a maximum of thirty (30) feet wide and shall be located no closer to any inter- section than twenty-five (25) feet and no closer to E. any rear or side lot line than fifteen (15) feet. Curb cuts and. dri.veways shall be constructed according bo to City specifications . 10. No service station shall be erected or located within .E. one hundred and fifty (150) feet of the property line of any church, hospital, school, or park. * 11. A visual screen, meeting the specifications of Section XII shall be provided along any property line abutting a residential district. o As amended 3/7/72 - 6- C-1 t L 12. There shall be no repair work outside the principal structure other than minor service. . aur (e) Planned Commercial Development on a parcel three (3) Lacres or more, subject to the provisions set forth in the Schedule of Special Exceptions permissible by the r Board of Adjustment for Planned Development. 4 lime (f ) Places in which goods are produced and sold at retail upon the premises. bun (9) Vocational and trade schools not involving operations of an industrial nature. "irr (h) Mobile home parks, subject to the provisions of Section IA: 4. Prohibited Uses and Structures (a) Residential uses, except as specifically permitted; (b) Outdoor sales and/or display areas except as provided Om herein; t (c) Manufacturing activities, transportation terminals, stor.- age warehousing and other activities of a similar nature; (d) All uses not specifically or provisionally permitted hL:rei ars (e) Any use which fails to meet "Performance Standards" spec:i-- illw fications as provided in Section XI. (f) Theatres, book stores, drive-in theatres, photographic stud im 5. Area and Dimension Regulations Minimum Minimum Minimum Maximum Lot Minimum Ma -i"" Lot Area Lot Width Lot Depth Coverage Floor Area Etei<,; ` Aso 5,000 50 ft. 100 ft300 sq.ft. 40 ft.. 50. sq. ft. and in addition, the ratio IS of gross floor area to lot area shall not exceed 1.5: 1.0 A -37- C-1 Minimum Yard Requirements Side In- Side' Corner Imo Front terios Lot Lot Rear C-1 25 ft. 0 ft. ; 25 ft. 25 ft. 10 ft. when abutting a residential lot • iro 6. Landscaping and Screening (a) Defined in Section XII (Supplementary District Regu- lbw lations) of this ordinance. r • (rr Irrr i ibm p • lam 6. r r it -38- •. L • District and Intent C-2 General Commercial District The provisions of this district are intended to apply to an area intended to be developed and preserved as a major commer- lo" cial center serving the commercial needs of the community and the region. The types of uses and other restrictions are o r intended to promote and protect intense commercial development as well as provide adequate protection from conflicts with ern adjacent residential and other non-commercial uses, and to minimize the interruption of traffic along adjacent thoroughfare N IP • 1. Principal Uses and Structures ■w The following uses and structures are permitted provided any uses or group of uses that are developed, either separately, r.. or if developed as a unit with certain site improvements shared , in common, are developed on a site of three (3) acres or less : (a) Same as in C-l, except item 1 (a) page 33, and in addition, (b) Wholesaling from sample stock only with no production ✓r. permitted on the premises; (c) Any other retail sales outlet of products sold directly ano to the consumer; r.r (d) Dry cleaning establishments using non-inflammable solvents and cleaning fluids as determined by the fire chief; P Iss (e) Business service establishments; -39- (f) Retail stores using outside display areas providing the following provisions are met: 1. The area of outside display shall not exceed in size one-third the enclosed area of the principal structure. 4 III2. The outside display area shall be treated with a hard material suitable for pedestrian traffic. 3. "" outside display area shall be considered the same as the floor area for the purpose of calculating off- street parking requirements, setback and lot coverage regulations. • (g) New and used automobiles, major recreational equipment and mobile home sales or rentals with accessory services; subject to the following restrictions: 1.' All outside areas where merchandise is displayed shall be paved. 2. All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet ilay apart on the same street. 3. All servicing and repair activities except gasoline INN pumps shall be located in an enclosed structure. 4. There shall be no storage of junked or wrecked auto- ifts- mobiles other than temporary storage for those awaiting repair. Such temporary storage shall be in an enclosed area and the vehicles shall not be visible from out- side the property. 5. Ingress and egress points shall not be placed so as �rrr to endanger pedestrian traffic. -40- 2. Accessory Uses and Structures Customary accessory uses of one or more of the principal uses, Om clearly incidental and subordinate to the principal use, in keeping with the intense commercial character of the district are permitted. Um 3. Special Exceptions Permissible by Board of Adjustment (a) Same as in C-1, and in addition: illai (b) Marinas; (c) Uses exceeding forty (40) dwelling units per net residential - acre. ins 4. Prohibited Uses and Structures r (a) Residential uses, except as specifically permitted; imp (b) Manufacturing activities, transportation terminals, storage, warehousing and other activities of a similar nature; . (c) All uses not specifically or provisionally permitted F herein; any use not in keeping with the intense commercial bei character of the district; (d) Any use which fails to meet "Performance Standards INN specification; L (e) Automotive repair establishments which provide body work, upholstery or painting services. (f) Theatres, book stores, photographic studios and drive-in theatres. , IIC -41- C-2 . L `r fr 5. Area and Dimension Regulations bow Minimum Minimum Minimum Maximum Minimum Maximum Lot Area Lot Width Lot Depth Lot Coverage Floor Area Height 5,000 50 ft. 100 ft. 75% except 300 sq. ft. None lbw sq.ft. and in for required addition the ratio yards of gross floor area to I lot area shall not exceed 2.0:1.0 , • • IIIMinimum Yard Requirements Side In- Side Corner Front terior Lot LotRear 25 ft. None; 25 25 ft. The 10 ft. The entire ft, when entire side front set- abutting a setback shall • back shall be residential be increased increased lot by three feet by three for each 10 ft. I feet for of building each 10 ft, height or in- of wilding crement thereof height or over 60 ft. I increment thereof over 60 ft. II 6. Landscaping and Screening (a) Defined in Section XII (Supplementary District Regu- lations) of this ordinance. . I ® -42- i ' , T-1 Tourist District iiiii The provisions of this district are intended to apply to an area which will be a major tourist attraction and destination. Iwo The types of uses permitted and other restrictions are intended to promote this type of development and protect it from in- compatible uses that would be detrimental to the orderly low growth of the area. II 1. Principal Uses and Structures (a) Hotels, motels, and multiple family dwellings containing a minimum of thirty (30) dwelling units, provided, however, I that in no case shall there be more than fifty-five (55) dwelling units per net acre; • (b) Eating and drinking establishments provided, however, that in no case shall there be a seating capacity cf less than 200; (c) Office buildings, studios, clinics containing at least 20,000 square feet of area; II (d) Commercial amusement enterprises such as bowling lanes, aquariums, and skating rinks; provided, however, that the use is enclosed within a. sound proof building; (e) Private clubs, health or athletic clubs or salons; 1 (f) Financial institutions; I (g) Parks and playgrounds; (h) Parking lots and garages, including commercial facilities. -43- • C T-1 Imo 2. Accessory Uses and Structures (a) Customary accessory uses of one or more of the principal lbw uses clearly incidental and subordinate to the principal use, in keeping with the tourist character of the district are permitted; (b) Limited retail and service establishments when operated within a hotel, motel, multiple family dwelling, or office building permitted hereunder, provided that such accessory uses are accessible only from an interior hallway or lobby and that no commercial display is visible from out- • side the principal building. Such accessory uses may in- clude, but are not necessarily limited to: antique shops, art galleries, automobile rental, confectionary, ice cream or coffee shops, drug and sundry shops, delicatessen and food shops, eating and drinking establishments, florist, furrier, gift shop, jewelry store, laundromat, laundry and dry cleaning pick up station, luggage store, millinery, personal services, newsstand, shoe store, sporting goods, wearing apparel store, wig shop. Eating and drinking establishments as accessory uses are not required to meet the 200 seat minimum capacity. • 3. Special Exceptions Permissible by Board of Adjustment (a) Educational institutions; (b) Hospitals, convalescent homes, nursing homes; err • (c) Outdoor commercial recreation and amusement enterprises; • -44- T-1 ILI • (d) Fishing piers, fishing tackle, bait and equipment stores; (e) Tourist oriented sales and services such as but not necessarily limited to: antique shops, art gallery, I: automobile rental, confectionary, ice cream or coffee shops, drug and sundry shops, delicatessen and food shops, florist, furrier, gift shop, jewelry store, laundromat, laundry and dry cleaning pickup stations, luggage store, millinery, newsstand, personal services, I:: shoe store, sporting goods store, wearing apparel store, wig shop. t:: (f) Public utility uses and rights-of-way. 4. Prohibited Uses and Structures: (a) Residential uses except as specifically permitted herein; (b) All uses not specifically or provisionally permitted Liherein; any use not in keeping with the tourist character of the district. IE (c) Theatres, photographic studios, drive-in threatres. 5. Area and Dimension Regulations ibm Floor Area Ratio Maximum Lot Coverage The maximum floor area ratio Not exceeding 50 feet in elevation-50? 1:: (F.A.R.) shall be 2.75: 1, 60 -45; however, in no case shall 70 -39;; Lthere be a lot coverage 80 -347., exceeding 50%. .. " 90 " " " --30;0 roe • „ 100 ,I ,I II -27% L -45- L } 1 E • . Minimum Lot Area Minimum Lot Width Minimum Lot Depth 111 6,000 sq. ft. 50 ft. 120 ft. • • EllMinimum Minimum Floor Area Living Area Front 600 sq. ft. Same as R-2 25 ft. plus 2 ft. for each 10 ft. of building height or increment I thereof over 40 feet Minimum Yard Requirements Side Interior Lot Side Corner Lot Rear I15 ft. plus 2 ft. 25 ft. plus 2 ft. 20 ft. plus 2 ' for each 10 ft. of for each 10 ft. of ft. for each 10 I building height or building height or ft. of building increment thereof increment thereof height or incre- ment thereof over 40 feet IMaximum Height None 6. Landscaping and Screening (a) Defined in Section XII (Supplementary District Regulations) of this ordinance. L L _ ii . . E . 1t -46- t F M-1 Light industrial and Research and Development District sow The provisions of this district are intended to apply to an area located in close proximity to transportation facilities and which can serve light manufacturing, research and develop- s= ment, distribution, and other industrial functions. Restrictions herein are intended to minimize adverse influences of the in- dustrial activities. All uses permitted in this zone shall be contained in a completely enclosed, air-conditioned structure. . No 1. Principal Uses and Structures The following uses and structures are permitted provided any use or group of uses that are developed, either'separ- ately, or if developed as a unit with certain site improve- • ments shared in common, are developed on a site•of five (5) 111 ' acres or less: _ (a) General offices, studios, clinics, laboratories, data processing and similar uses; (b) Engineering, laboratory, scientific and research in- • : strumentation and associated uses; (c) manufacture of: (1) Instruments .for controlling, measuring and indi- ' • eating physical characteristics; (2) Optical instruments and lenses; lir"' • (3) Surgical, medical and dental instruments and supplies; . srn (4) Ophthalmic goods; • (5) Watches, clocks, clockwork operated devices arid parts; (6) Photographic equipment and supplies; . (7) Jewelry, silverware, plated ware; 1 . , -- (8) Musical instruments and parts; (9) Toys, amusement sporting and athletic goods; • r . (10) Radio, TV, phonograph and electronics instruments ism and parts; ` (11) Pens, pencils and other office and artistmaterials; (12) Costume jewelry, costume novelties, butta' s and • miscellaneous notions; .. t (13) Other similar uses. • -47- M-1 E . . 2. Accessory Uses and Structures L . . (a) Retail sales of products manufactured, processed or stored upon the premises. (b) Customary accessory uses of one or more of the princi- L • • pal uses, clearly incidental and subordinate to the • principal use in. keeping with the light industrial and re- search and development character of the district. ;. -Special Exceotions Permissible by Board of Adjustment (a) Planned Industrial Development on a minimum size . • Lparcel of five (5) acres, subject to the provisions • set forth in the schedule of Special Exceptions Permissible by the Board of Adjustment for Planned LDevelopment. (b) Public utility uses and rights-of-way. (c) After public notice and hearing, the Board of Adjust- ment may permit special exceptions which are. compati- ble to permitted uses and which are able to meet the • minimum requirements and performance standards as set forth in this zone. i IL (d) Radio and television studios, broadcasting towers and antennas. IL 4. "prohibited Uses and Structures (a) Residential uses; L . (b) Motels, hotels, boarding and lodging houses; (c) Automobile wrecking yards, junk yards, scrap and sal- . .. vage yards for secondhand building materials; (d) Churches, private clubs and lodges; • L . . (e) Retail and other commercial establishments except as specifically permitted; (f) Open outside storage of materials; C .. (g) All uses not specifically or provisionally permitted . herein; and uses not in keeping with the light industrial and research and development character of the district. L . (h) Any use deemed objectionable by the standards estab- lished in Section X1 (Performance Standards) of this -ordinance.L , -48- • 5. Area and Di.i n:;ion P�c:uirem,nnts Minimum Minim= Minimum Maxims Lot Minimum Maximu. • Lot Area Lot Width Lot Depth Coverage Floor Area H^_io::t • 10,000 75 ft. 100 ft. 50% 300 sq. ft. 40 ft. sq.ft. . • Minimum Yard Requirements Front Side Interior Lot Side-Cor!-er Lot Rear 25 ft. 15 ft. except where 25 ft. 15 ft. , except where industrial property industrial proserty abuts a' residential abuts a residential district in which district in which case II . case the minimum minimum rearyardinterior lot requirement will be setback shall be • 25ft. . 25 ft. I . 6. Landscaoing and_Scrc-ming (a) Defined in Section XII (Supplementary District Regulations) of this ordinance. • I . • 7. Performance_Standards (a) Defined in Section XI (Performance Standards) of this ordinance r I III 4 • • '1111 • : ill III 1 • -49- District and Intent W--2 hight Industrial and Warehousing District. The Prov=-sions of this li.str ct are intended to apply to an area located in close proximity to transportation facilities and which can serve light manufacturing, warehousing, distribution, wholesaling, and other industrial functions. Restrictions herein II are intended to minimize adverse influences of the industrial activities. All uses permitted in this zone shall be contained in a completely enclosed, air-conditioned structure. E . . 1. Principal Uses and Structures ' L . The following uses and structures are permitted provided - any use or group of uses that are developed, either separ.- ' ately, or if developed as a unit with certain site 'improve- meats shared in common, are developed on a site of five (5) acres or lass: • ___ (�) All uses permitted in -N--1 i and in addition . -_ CO)L . ___. _ ___ __ . ______ _ . Warehousing and wholesaling including refrigerated storage; outside storage areas shall be. walled on all L . , sides; (c) Service and repair establishments, welding shops, dry L . cleaning and laundry plants, printing plants, taxi- dermists and similar uses; • (d) Light manufacturing, processing and assembly, such as -Lprecision manufacturing, electrical machinery, bottling plants, dairy products plants, bakeries, .. fruit packing and similar. uses. • E • (e) Euilding materials supply and storage; contractor's _. storage yard except scrap materials. Outside storage areas shall be effectively walled on all sides; Li ' (f) Automotive, major recreational equipment and mobile home sales, storage and repair establishments', such as bec1y shops, dry docking facilities, tire recapping, paint shops, upholstery shops and the like; . • C . . _ . . . . . . _ . . _ • -50- L M-2 i (g), Freight lindl.ing facilities; transportation terminals; (h) Vocational and trade schools, including those of an Lindustrial nature; ' .(i) Public and semi-public uses, including those of an industrial nature such as treatment plants, equipment storage and garage; 2. Accessory Uses and Structures ' (a) Retail sales of products manufactured, processed or stored upon the premises; (b) Not more than one dwelling unit for occupancy by owners • or employees of the principal use; ins (c) Customary accessory uses of one or more of the princi- pal uses, clearly incidental and subordinate to the Lprincipal use, in keeping with the light industrial Icharacter of the district are permitted. 3. Special Exceptions Permissible by Board of Adjustment i I (a) Same as M-1, and in addition (b) Service stations, subject to the provisions designated in C-1; (c) Veterinary hospitals and clinics, subject to the pro- visions designated in C-i; • III i I : 0 ' r • 111 • —51— -- M.-2 • • .• 4. Prohibited Uses and Structures I (a) Residential uses, except as provided under accessory uses; •(b) Motels, hotels, boarding and lodging houses; I (c) Automobile wrecking yards, junk yards, scrap and salvage yards for second hand building materials; (d) Churches, private clubs and lodges, public schools; . (e) Retail and other commercial establishments except as specifically or provisionally permitted herein; . Above ground storage of liquified petroleum products; I (g) All uses not specifically or provisionally permitted herein; any use not in keeping with the light in • dustrial character of the district. • (h) Any use deemed objectionable by the standards estab- lished in Section XI (Performance Standards) of this ordinance. . • 5. Area and Dimension Regulations Minimum Minimum .Minimum Maximum Lot Minimum Maximum • : I Lot Area Lot Width Lot Depth Coverage Floor Area Height 20,000 100 ft. 150 ft. 75% . 900 sq. ft. 40 ft. sq. ft. . and in : I " addition the ratio ' of gross floor area • - E . . . to lot area shall • - not exceed 2.0:1.0 • • Minimum Yard Requirements . Side In- Side Cor- • Front terior Lot ner Lot . Rear . 35 ft. .0 ft., ex- 35 ft, 15 ft.; ex- cept where 10 ft. • . a district when (other than abutting • residential) an alley; requiring - . 35 ft. when such setback, abutting a • suchuse will residential . • . provide the same district. - quired for the abut- setback as re- •• • ting district; where . ' an industrial use bor- • • ders a residential district limo . - the setback shall be 35ft. -51- III M-2 • 6. Landscaping and Screcnin . • (a) Defined in Section XII (Supplementary District IIIRegulations) of this ordinance. . 7. Performance Standards (a) Defined in Section XI (Performance Standards) of III this ordinance. I . .• • : Ill - - Ill . III •III • • I Ill . • . . • III i, i • . _53_ III District and Intent I M-3 General Industrial District The provisions of this district are intended to apply to an area located in close proximity to transportation facili- ties and which can serve general manufacturing, storage, , III distribution and other general industrial functions. Restric-. tions herein are intended to minimize adverse influences of the industrial activities. All uses permitted in this zone shall be contained in a completely enclosed, air-conditioned structure. • 1. Print Lal_ LT:-.es and Structvrc:s , The following uses and structures are permitted provided III any use or group of uses that are developed either separately, or if as a unit with certain site improvements I shared in common, are developed on a site of five (5) acres or less: (a) All uses permitted in M-2; and in addition: ® (b) Storage of liquified petroleum products providing that all such uses comply with the standards set out in the National Fire Prevention Associations IIIpamphlet, 458. (c) General manufacturing, assembly and processing, such • as heavy equipment plants, aircraft manufacture, food IIIprocessing and canneries, iron foundries and steel fabrication, block and concrete plants, furniture factories, toy factories-and similar uses. i, 10 2. Accessory Uses and Structures (a) Same as in M-2. • 3. Special Exceptions Permissible by wo=rd of Adjustment (a) Same as in. M-2. . . . _. 4. Prohibited Uses and Structures (a) Same as in M-2, except that above ground storage of • - liquified petroleum products is a permitted •princpal use in the M-3 district. k 1,a -54- 5. AL•"7l and i ;.!7.:2•__.. ri •17Tht1C'_^_ Minimum Min_i u i MLn,ne• t i imum Lot Minimum M'IxiI7uro. ± Lot Area Lot �; ac_^ ..lot D oth C7era:;e Floor Area - 30,000 100 ft. 200 ft. 75% 1500 sq.ft. 40 ft. sq. ft. • and in addition, • - the ratio • -. Ill . of gross. • floor area to lot • . - area shall . not exceedi 2.0:1.0 • • • • Minimum Yard Require.,ents Side In- Side Cor- ' Front tenor Lot nor Lot _ Rear . 50 ft. 0 ft. , ex- 50 ft. 15 ft.; cept where 10 ft. a district • when (other than abutting I residential) an alley; • requiring ch 50 ft.'when setback, such use . abutting . will provide the a rF siden- • • same setbackas tial district required for the abutting district; • where an industrial - use borders a resi- dential district the setback shall be 50 ft. . I 6.• Landscaping and Screening r • • (a) Defined in Section XII: (Supplementary District Regulations) of this ordinance - 7. Performance Standards - (a) Defined in Section XI (Performance Standards) of ' • this ordinance. -55- , VIII. SeHCDULE OF SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT FOR PLANNED DEVELOPMENT 1. Residential Planned Unit Development (except for mobile homes) PPUre: Intent IIIWithin districts as set forth in the Schedule of District Regulations, it is intended that the City Council may permit, upon recommendation of the Zoning and Planning Board, as a special exception, planned residential development after the application and approval of detailed site, use, and building plans. The suitability of sl!ch development s plans shall be determined by reference to the comprehensive plan for the City of Cape Canaveral and the character of the surrounding IC -development. E . . The regulations for such planned residential development are intended: to accomplish the purposes of zoning and other applicable regulations IIIin the same manner in which this Zeeinq Code directs the uniform treatment of dwelling type.,, bulk, density and open space within Each zoning district on a lot-by-lot basis; to encourage innovations in residential development so that the growing demands for housing may be IIImet by greater variety in type, design and layout of dwellings; ane to encourage more efficient use of land and public services. * RPUD: Defined for the purposes of this Zoning Ordinance, an RPUD is defined as any residential use, except mobile home developments, and in- eludes the grouping of residential uses ,^ jt ..,..ha••a.a &aae.1-- •�for which a minimum of 100,000 square feet for townhouse 4624 -msps c aat iV .,` Ce02,,, -cm c_ el„, 'a 0. e ' ' *As amended 10/19/71 F � (4 ) ` �� ,, � , development or a minimum of four (4) acres for all oth types of development is intended to be developed simul- taneously. U RPUD: Comm.cn Open Space 1. All common open space shall be preserved for its intended purpose IIIas expressed in the final development plan. The developer shall choose one or a combination of the followingthree methods of I administering common open space: a. Public dedication to the City of the common open space which is subject to formal acceptance by the City. IIIb. Establishment of an association or non-profit corporation of all individuals or corporations owning property within the development to insure the maintenance of all common open space. c. Retention of ownership with the control and maintenance of all 11 common open space by the developer. III2. Allriv p ately owned common open space shall continue to conform to IIIits intended use and remain as expressed in the final development plan through the inclusion in all deeds of appropriate restrictions to insure that the common open space is permanently preserved IIIaccording to the final development plan. Said deed restrictions shall run with the land and be for the benefit of present as well IIIas future property owners and shall contain a prohibition against • partition. I -57- iNl.l- common open space as well as public and recreational facilities, shall be specifically included in the Development Schedule and be constructed and fully improved by the developer at an equivalent or greater rate than the construction of residential structures. 4. If the developer elects to administer common open space through an . association or non-profit corporation, said organization shall conform to the following requirements: . a. The developer must establish the association or non-profit corporation prior to the sale of any lots. b. Membership in the association or non-profit corporation shall be-mandatory for all residential property owners within the Planned Unit Development and said association or corporation shall not discriminate in its members or shareholders. c. The association or non-profit corporation shall manage all • common open space and recreational and cultural facilities that are not dedicated to the public, shall provide for the maintenance, .administration and operation of said land and any other land within the Planned Unit Development not publicly or privately owned, and shall secure adequate liability insurance on the land. If the developer elects an association or non-profit corporation as a method of administering common open space, the title to all resi- dential property owners shall include an undivided fee simple estate in all common open space. . :RPUD: Utilities and Services Structures within the Planned Unit Development shall be connected to City water and sewer lines and all utility lines- shall be placed -58- underground. The road network of the Planned Unit Development shall be of a suitable design and construction, whether public or private to allow for adequate access of fire-fighting equipment or access to neces- . sary service areas such as for garbage collection and waste disposal. L LThe City shall have the right to require prior to the approval of the ' ' Final Development Plan, such easements from :the developer as are . necessary for access by the City to privately owned areas of the lbw Planned Unit Development to permit the Cityto perform necessary police, health, safety and fire service. 10 • RPUD: Procedure for Securing Approval'of a Planned Unit Deve.iorment 1. Pre-Application Conference: Before submission of a preliminary application for approval as a Planned Unit Development special exception, the developer shall meet with the City Planner, _ City Engineer, Building Official, and such .other personnel as _ __would be necessary to _determine the feasibilily and suitability of it his application. 2. Preliminary Application: A preliminary application shall be sub- mitted to the Zoning and Planning Board by the developer requesting bw approval of the site as a Planned Unit Development special exception. F LSaid preliminary application shall contain the name of the developer, surveyor and engineer who prepared the development plan and topo- . r graphic data mapIf , and the name of the proposed Planned Unit Develoi:- ment. 1 im - -59- f our— . 3. Exhibits: The development plan shall be drawn to a scale no smaller than 1" lt, ` _ The required exhibits for the preliminary appli- cation for a Planned Unit Development shall be those .essentially required for the preliminary plat in the Cape Canaveral Subdivision Regulations and other such data that may be required by the Zoning and Planning Board. 4. Submittal: C . a. The preliminary application shall be submitted to the City Clerk. at least ten (10) days prier to any scheduled meeting of the Zoning and Planning Board. b. A fee of $75.00 shall accompany the preliminary plan for the purpose of administration. C. The preliminary application shall be reviewed at the first IIIregularly scheduled meeting of the Zoning and Planning Board • following submission of said application. Id. The preliminary application shall include five (5) black or blueline prints of the Development Plan of the proposed Planned Unit Development and a minimum of two (2) copies of the 'required exhibits. 5. .Application Review: Written comments from the Planning, Engineering, .1 III and Building Departments regarding the application shall be forwarded Ito the Zoning and Planning Board. Upon completion of its review the Zoning and Planning Board shall IIIrecommend to the City Council the approval, approval subject to conditions, or disapproval of the preliminary application. The action of the Zoning and Planning Board shall be reflected on two (2) copies of the application with appropriate references and III -60- attachments and one (1) of said copies shall be returned to the developer. 6. Required Findings: The decision of the Zoning and Planning Board on the preliminary application shall include the findings of fact that serve as a basis for its recommendation. In making its recommendation, the Zoning and Planning Board shall consider, in addition to the standards specified under Section 10 of this Ordinance, the following facts: a. Degree of departure of proposed Planned Unit Development from surrounding residential areas. • b. Compatibility within the Planned Unit Development and relation- ship with surrounding neighborhoods. c. Prevention of erosion and degrading of surrounding area. d. Provision for future public education and recreation facilities, • transportation, water supply,p pp y, sewage disposal, surface drainage, flood control and soil conservation as shown in the Preliminary .Development Plan. e. The nature, intent and compatibility of common open space, including provisions in the Preliminary Development Plan for the maintenance and conservation of said common open space. f. The feasibility and compatibility of the specified stages con- tained in the Preliminary Development Plan. 7. Review by City Council: Upon receiving the recommendations of the Zoning and Planning Board, the Council shall at its next regularly scheduled meeting review said recommendation and preliminary Irrr application and either grant, grant subject to conditions, or deny the preliminary application. Public notice of said public hearing irn shall be given according to the provisions of this zoning code. -61- .•Imig 8. Recordation of Preliminary Application: After formal action by L the Council; a copy of the preliminary application and the re- quired exhibits shall be certified by the City Clerk and retained E: as a permanent record. RPUo. Final Application The developer shall have one year from the approval of the preliminary application for a Residential Planned Unit Development special exception in which to file a final application. At the request of the developer, ILand for good cause shown, the Zoning and Planning Board may extend fox six (6) months the period required for the filing of said appli- cation. The final application may request approval for the entire Planned I: Unit Development or any stage specified in the Preliminary Development Plan. If approval is not requested for the entire Planned Unit Develop- ment, the developer shall have one year from approval of the final application to file another final application for approval of any or all of the remaining stages specified in the preliminary development . plan. At the request of the developer, and for good cause shown, the Zoning and Planning 'Board may extend six (6) months the period i . for the filing of said application. • • L1 . Reluired Exhibits: The required exhibits which shall be attached to the final application shall be essentially the same as those required for the final plat approval in the Cape Canaveral Sub- .,. :, , . division Regulations in addition to any other supplementary data nee :. • ..-.e oning an. Planning Board in order to evaluatethe proprsed development. a. The Development Schedule shall contain the following in . / - 1 formation: j 1. The order of construction of the proposed stages delineated in the Development Plan. 2. The proposed date for the beginning of construction on said - stages. ir.. 3. The proposed date for the completion of construction on said stages. L4. The proposed schedule for the construction and improvement - of common open space within said stages, including any complimentary buildings.. b. Deed restriction proposals to preserve the character of the L • common open space as set f'rth in Section 3. Said deed re- ,, • strictions shall include a prohibition against partition by any residential property owner. C . c. If the developer elects the association or non-profit corpora- 1 tion method of administering common open space, the proposed '••• bylaws of the association or the certificate of incorporation and the corporate bylaws of the non-profit corporation shall 1111 be submitted for approval by the City. IdInstruments dedicating all rights-of-way, easements and other . public lands shown on the Final Development Plan from all persons having any interest in said land. e. A bill of sale, conveying to the City water and sewer utility lines, mains, lift stations, and other personal property 111 required to be installed by this Ordinance. f. Instruments indicating that all necessary off-site easements IIIor dedications have been acquired. In lieu of originals, "certified true copies" will be accepted if the recording . C • -63- informaticz frogs the Public Records of Brevard County, Florida is included thereon. . g. A bond from the developer shall guarantee the nste llation of the public improvements specified in the Final Development Plan through one of the following methods: 1. Filing a performance and labor and material payment bond by the developer, 110% of the estimated C ' construction cost as determined by the City. 2. Depositing or placing in escrow a certified check, cash, or other acceptable pledge, 110% of the construction cost as approved by the City. In the event the developer elects to provide an escrow agreement, he shall pay to the L City, for the cost of administering the escrow agreement, a sum of money equivalent to two (2) percent of the cont actor costs. Such performance and payment bond shall be from a company licensed as a surety in the State of Florida, listed by the U. S. Treasury . Department and rated A:AAAA in Best's Insurance Guide. Upon acceptance of all improvements by the City, the performance and payment bond shall be released. • h. A title opinion from an attorney showing the status of the title to the site encompassed by the Final Development Plan and all liens, encumbrances and defects, if any. i. Paid receipts from the City and County indicating taxes have been paid in full up to and including the current period. The developer shall escrow with the City 125% of estimated City taxes on the site encompassed in the Final Development Plan for the year in which it is recorded. L • -64- I I:: . 2. Procedure: . I:: a. The final application for approval of the Final Development Plan shall be submitted for review at least fifteen (15) days prior to a regularly scheduled meeting of the Zoning and Planning Board. Said application must adhere-substantially Lto the approved preliminary development plan. b. A fee of $10.00 shall accompany the final application for-the purpose of administration. L - c. The Zoning and Planning Board shall recommend the approval . subject to conditions, or disapproval of the final application F"kw based upon the conformity of the Final Development Plan with the Preliminary Development Plan, the sufficiency and accurate- Lness of the required exhibits, and the requirements and purpoFar; of this Ordinance and the Code of Ordinances of the City of ilia Cape Canaveral. d. The Council shall review the recommendations of the Zoning and Planning Board at the next regular meeting of the Council, and ilia shall approve, approve subject to conditions, or deny the final application. 3. Recording of Final Development Plan: L _ -a. After approval by the Council of the final application, the City Clerk shall see that all requirements of Florida Statutes, Chapter 177, have been complied with before the Final Develop- ment Plan is presented to the Clerk of the Circuit Court of -" Brevard County for recording. No Final Development Plan of a Planned Unit Development within the corporate limits of the City shall be recorded by said Clerk unless it shall have the L • approval of Council inscribed thereon. Two (2) copies of the 1 , -65- • recorded Ina? Development Plan shell be returned to the City C]er- , the cost of which shall be borne by the Sub- div.ider. b.. The transfer of, sale of, agreement to sell, or negotiation to sell land by reference to or exhibition of, or other use Alai of a Final Development Plan of a Planned Unit Development, \i, or portion thereof, that has not been given final approval by the Council and recorded in the Official Records of Brevard County, Florida, is prohibited. The description by 411111i . metes and bounds in the instrument of transfer or other docu- I ments shall not exempt the transaction from such prohibition. c. The Development Schedule contained in the approved final application shall be certified by the City Clerk and retained as a public record by the City of Cape Canaveral. 1 rte/ - _ _ - RPUD: Building Permit and Certificate of Occupancy i No. bulding permit shall be issued by the Building Official until the �� Final Development Plan has been approved and duly recorded, and a a certificate of completion is issued pursuant to Section 5 of this Ordinance. • 1 1 The Building Official shall issue no certificate of occupancy until 'rte all utilities have been accepted by the City in accordance with the Final Development Plan. 1 1 f I i RPUD: Physical Review 9 The City shall have the right to evaluate the physical layout, archi- j tectu:-al characteristics, and amenities of the Planned Unit Development , Armoi _ES_ f and to suggest changes or mofifications designed to create -compatilility and conformity in the variety of uses within the development to insure, ,r protect and promote the health, safety and general welfare of the property owners of the Planned Unit Development and the residents of the City of Cape Canaveral. mow RPUD: Maintenance Warranty Bond A maintenance warranty bond approved by the City in the amount of 10`:. of the estimated construction cost, shall be posted by• the developer IIIprior to obtaining a certificate, of completion as provided for in • Section 5 of this Ordinance. Such bond shall be for a period of two ' 0 (2) years, shall cover all publin improvements installed by the developer and shall be issued by a company licensed as surety, in the Ili State of Florida, listed by the U. S. Treasury Department and rated A:AAAA in Best's Insurance Guide. PPUD: Standards All lots within the Planned Unit Development shall meet at least the following minimum requirements: 111 1. -Minimum Lot Size for Single Family Detached Residences: I The following minimum lot size per dwelling unit shall apply to all lots containing a single family detached residence, if said 5 lots are located entirely within that section of the Planned Unit Development special exception that was located in a R-1 zoning district: A III R-1 .. . . 6,000 sq. ft. per 1 dwelling unit -67- All lots containing a single family detached residence that are located.entirely within that section of the Planned Unit IIIDevelopment. special exception that was located in a R-2 or R-3 zoning district, shall have a minimum lot size of 6,000 square feet. III 2. Maximum Lot Coverage: Maximum lot coverage shall be forty (40) percent for all lots within the Planned Unit Development. . I III . , 3. Minimum Living Area: A minimum living area of 1,000 square feet shall be provided for each single family dwelling unit and i III the following minimum living .area requirements for multi-family units: efficiency apartments, 450 square feet; 1 bedroom Ill apartments, 550 square feet; 1 bedroom apartments, 650 square feet; 3 bedroom apartments, 800 square feet plus 100 square feet IIIfor each additional bedroom. • 4. Setback Requirements: There shall be a minimum setback of III25 feet between any one-story building and all public or private access right-of-way designed for limited vehicular traffic, such III as cul-de-sacs or deadend type streets. A minimum setback of • 30 feet shall apply to dwelling units located on collectors or III thy, treetc. The setback shall be increased 2 feet for each additional story. 5. Distance Between Buildings: There shall be a minimum distance between detached buildings as follows: 20 feet for the first two stories : Ill 25 feet for three stories • 30 feet for four stories 2 additional feet for each story above .four. I Ill Building setbacks from the exterior boundaries of the RPUD shall not be less than 35 feet. -.68- e IIIIn no instance shall any one building extend more than 150. feet in length without being separated by a break of open space of at least 20 feet. • IC C . 6. Access: All lots shall have access to either private or public roads within the Planned Unit Development. Private roads are to III be allowed within the Planned Unit Development if they meet the minimum City construction standards and are of a design which emeets the approval of the Public Works Official. Private roads shall not be permitted along the perimeter of the Planned Unit 111 Development unless approved by the Zoning and Planning Board. All roads must be designed to tie in effectively with the City's Thoroughfare Plan. The City shall be allowed access nn private roads and privately owned common open space to insure the police j • and fire protection of the area to meet emergency needs, and to conduct City services. 7..Off-Street Parking: Parking standards of this code shall be adhered to by the developer. IC: • 8. Buffer Zones: Compatible and complimentary buffer areas and/or screening shall be provided between primary residential uses III •and secondary non-residential uses within the Planned Unit i - Development and between conflicting uses located on the periphery of the development and surrounding developments or zoning districts. RPUD: Density The maximum allowable number of dwelling units shall not exceed three times the number of dwelling units allowed per acre in an R-1 zone -69- J • where the RPUD isP lanned or two times the number of dwelling units I: per acre in an R-2 or R-3 zone; however, in no case shall a develop- ment containing exclusively townhouses, exceed seven dwelling units per gross acre. ' 10 I. i?i ninon Usable Open Space: In no instance shall the total amount $r of usable open space wi'_hir. the Planned Unit Development be less than 25 percent of the gross acreage of the Planned Unit Develop- - ment. L . 2. Density Computations: Density of the area shall be computed in the form of dwelling units per gross acre. The following maximum density shall apply to those sections of the Planned Unit Develop- ment special exception that were previously located in the following Especified zoning diL;t:_icts: . R-1 4.3 dwelling units per acre IL . R-2 20.0 dwelling units per acre . R-3 35.0 dwelling units per acre. In cases where the Planned Unit Development special exception en- compasses mere than one zoning district, the overall density shall ..::: be computed by obtaining an average of the sum total of dwelling units permitted in all zoning districts.encompassed by the Planned Unit Development. RPUD: rmina:.:on of Special Exception • Anv owner of land which has been designated a Planned Unit Development 1[1111 special exception can apply to the City for the termination of the special exception use of that portion of his land in which construction has not been commenced pursuant to a Final Development Plan. =70, I:: . . E . . L C C 2. Planned Residential Development for Mobile Home Parks Mobile home parks developed in such a manner as to make efficient, economical and esthetically pleasing r use of the land, so restricted that same will be con- arm tinually maintained, and when such is provided for • in a carefully drawn plan, the Board of Adjustment may permit such development as a Special Exception to the appropriate zoning district in which such development is planned, providing the following con- ditions are met: L (a) Site and Building Regulations: 1. Minimum Mobile Home Standards Each mobile home used for human habitation shall have minimum facilities consisting of: • L a. Inside running water and an installed kitchen sink ' b. Inside bathing facilities which shall L -71- • consist of an installed tub or shower c. An installed flush toilet d. Installed electric lighting facilities e. Screening, which shall be provided to effectively cover all outside openings such as windows and doors, with a fine mesh such as is ordinarily used in dwellings to prevent the entrance of flies, mosquitoes, and similar pests. f. An enclosed body or shell, which shall be in good repair, to effectively protect the occupants from the elements g. A minimum floor area, as determined by outside dimensions, of five hundred (500) square feet. 2. Size of Development Site -The minimum size r ' of the site to be developed for a mobile home park shall be ten (10) acres. 3. Required Recreation Area - A minimum of 15% of gross land area, exclusive of required buffer space and street right-of-way shall be set aside and developed for recreational purposes for residents of the mobile home park. 4. Minimum Size of Individual Mobile Home Space (a) Mobile home parks shall provide a mini- r mum of four thousand (4,000) square feet -72- per space except that twenty-five (25) per cent of the spaces to be • provided in such park may provide a minimum area of three thousand two Niro hundred (3,200) square feet provided that, for each such space, one (1) space shall be provided with a mini- mum area of four thousand eight hundred (4,800) square feet. (b) The minimum space width shall be forty L: (40) feet. 5. Minimum Yard Requirements of Individual Mobile Home Space boo (a) Front Yard: 10 feet (b) Side Yard: 8 feet him (c) Rear Yard: 8 feet 6. Site Perimeter Yard Requirements - the following perimeter yard setbacks are required except where such perimeter yard abuts an adjacent mobile home development: (a) An additional yard setback of ten 1�r (10) feet, exclusive of the individual site requirement, is required for all • perimeter yards except those abutting a public street and/or where a per- imeter roadway exists. Such yard set- backs shall be maintained as specified below. -73- L (b) An additional yard setback of twenty- five (25) feet measured from the public street right-of-way line is required for . ire 'all perimeter yards abutting a public , street except where a perimeter. roadway . Imo exists. Such yard setbacks shall be r maintained as specified below. it (c) All perimeter yard setbacks shall be r attractively landscaped and neatly lim maintained and shall otherwise be un- occupied except for utility facilities, L . signs, entrance ornamentation and/er landscaping devices. Landscaping shall constitute an e ctive visual and/or aural screen for the protection of the Linhabitants of the mobile home park, ` and may include, but shall not be limited. to, decorative fencing and/or decorative trees and shrubs. 7. Utilities and Services - Each mobile home . shall be independently served by separate electric power, gas, :and other utility services,, wherever such utilities and sa_svics are provided and no mobile hcme sh n an Li any way dependent upon such services or utility lines located within another mobile home or mobile home site, except as may he -74- Eis„ installed in public easements. All mobile home parks must be connected to city water and sewer lines and all electrical , telephone, and CATV lines in a mobile home park shall be placed underground. Proper and adequate Iaccess for fire-fighting purposes, and access to service areas to provide garbage and waste collection, and for other necessary services shall be provided. 8. Street Right-of-Way Widths and Improvements (a) Right-of-way widths of public streets serving a mobile home park shall con- form to all applicable minimum stanf- dards of the City of Cape Canaveral and requirements for such streets. (b) Improvement of streets inside mobile .111MM home parks is required, subject to the following conditions: -"lbw (1) Center street drainage may be made provided only when provision has Ammo been made for adequate reinforced pavement edges to prevent pavement breaking due to absence of stan- 011110 dard curb and gutter. (2) Streets in mobile home parks shall I be constructed to meet the following standards: Ar -75- • 1. Minimum right-of-way width 32 feet 2. Minimum paving width: 22 feet constructed to conform with • adequate construction standards • approved by the Board of Iwo Adjustment. law _ too P (b) Expansion of Existing Mobile Home Parks: Whenever Imo • the owner of a mobile home park proposes expansion, plans for: such expansion shall_be-submitted and Jr approved in the same manner as plans for the new mobile home parks. Mobile home park expansion plans r- shall comply with new park requirements unless bra . such compliance is found to be impracticable by the Board of Adjustment, in which case minor variations of new park standards may be approved. Improvement of substandard conditions in existing parks may be required as a precedent to expansion of such parks. L -76- C . 1 tik (c) Ownership: The site proposed shall be in one ownership, or if in several ownerships, the request for special exception shall be filed by all owners of the properties included in 1:: the plan. (d) Site Plan: Concurrent with the request, a scaled and dimensioned site plan of the rftio development shall be submitted prepared by a registered engineer. 'The site plan shall show, ii; but shall not be limited to: _ r . 1. Proposed standards for development, including restrictions of the use of the property, density standards and yard and restrictive covenants; 2. Location of buildings in relation to ilio property and lot lines; 3. Location of off-street parking spaces and aim bays, internal circulation ways, ingress and ',, egress points for the site; __ 4. Public and semi-public open spaces, community •• facilities and landscaped areas, walls, patio Land service areas (including garbage disposal areas) , driveways, walkways, as well as pro- vision for maintenance of all common areas; 5. Exceptions or variations to the requirements Ell'sof the Zoning Ordinance requested, if any; i -77- L . 6. Plans for the provision of utilities, including but not limited to water, sewer and drainage Lor facilities, and fire protection facilities 7. Plans for protection of abutting properties; ems 8. And such other plans and tabulations and other data that the Board of Adjustment may s . Yrs require. If, after approval of the plan, substantial change F therein is desired, application shall be filed b with the Board of Adjustment to modify or change such plan. ' ilia (e) Assurance of Improvements: A statement defining Lthe manner in which the City of Cape Canaveral is to be assured that all improvements and protec- tive devices are to be installed and maintained . Lshall accompany the request for Special Exception. The Board of Adjustment may require the posting of a performance bond not to exceed 110% of the cost of providing: (1) the pub1 . Lservices customarily supplied by the City of Cape Canaveral to fill respective needs for storm, water and sanitary sewage disposal, - water suppl~ - •d so forth; (2) the public Limprovements necessary to insure proper ingress and egress for the site. 1:: Subsequent to the compliance of the aforementioned . conditions, the procedure for granting a special • exception by the Board of Adjustment and for ob • - taining a building permit shall take effect. I.: . . 3. Planned Commercial Development iglu Any commercial use or group of commercial uses for which three (3) or more acres is. intended to be developed si- E: , multaneously according to a carefully drawn plan, the Board of Adjustment may permit such development as a Special ICException to the appropriate zoning district in which such . development is planned. This provision is intended to encourage the timely and logical development of commercial activities and for the expansion of existing commercial IIIfacilities which would be constructed as a unit; to dis- courage development of commercial parcels of size where IIIuncoordinated development would likely result in less efficient use of the land and of service to the community and its residents; and to assure suitable design and other criteria which would protect both the commercial environ- ] III ment and surrounding properties. Variances to lot and • building regulations to permit more flexible design and utilization of space may be permitted. In order to 111 qualify for such Special Exceptions, the following conditions must be met: III (a) Ownership: The site proposed shall be in one owner- ship, or, if in several ownerships: the request for ® special exception shall be filed by all owners of the properties included in the plan. (b) Utilities and Services: Structures within the Planned Commercial Development must be connected to City water and sewer lines and all utility lines shall be placed un derground. Proper and adequate access for fire-fighting III purposes and access to service areas to provide garbage and waste collection, and for other necessary serv'.ces to be provided. • • -79 f (c) Zoning Provisions: All other portions of the respec- Ative zoning district regulations and all other appii- cable portions of this ordinance except those pori- tions specifically permitted above for variance shall P. Y II! be adhered to. • • (d) Street Frontage: The site proposed shall have a minimum width of 200 feet along .a. major street frontage. 4 111 (e) Access Limitations: Locations for access onto and off the site shall be confined to rights-of-way on which Lno residentially used property abuts within 400 feet. The minimum distance between ingress and egress locations shall be at least 150 feet, and the minimum distance between any one location and an intersection of two or more street rights-of-way shall be 100 feet. (f) Site Plan: Concurrent with the request, a site plan shall be submitted on which structures shall be lo- cated in relation to: (1) each other and to major entrances into and off the site; (2) internal circu- Ilation ways; (3) parking and service areas and, (4) landscaped areas. The site plan and supporting data shall also show proposed standards for develop- meat, including restrictions of the use of property; exceptions or variations to the requirements of the Zoning Ordinance requested, if any; plans for the pro- vision of utilities, including water, sewer and drainage facilities; plan fcr protection of abutting c 1 : -8 0- 1 1� i I properties; and such other plans, tabulations and other data that the Board of Adjustment may require. (a) Assurance of Improvements: A statement defining the manner in which the City of Cape Canaveral is to be assured that all improvements and protective devices are to be installed and maintained shall accompany the request for Special Exception. The Board of Ad- justment may require the posting of a performance bond not to exceed 110 percent of the cost of providing:. (1) the public improvements necessary to insure proper ingress and egress for the site; (2) the public services customarily supplied by the City of Cape Canaveral to fill respective needs for storm, water and sanitary sewer disposal, water supply and so forth. Subsequent to the compliance of the aforementioned conditions, the customary procedure for granting of a Special Exception by the Board of Adjustment and for obtaining a building permit shall take effect. 4. Planned Industrial Develooment Any industrial use or group of industrial uses for which five (5) or more acres is intended to be developed sim- ultaneously according to a carefully drawn p]an, the •Board of Adjustment may permit such development as a Special Exception to the appropriate zoning district in which such development is planned. This provision is L -81- ::1 k intended to encourage better organization and controlled Am development for land reserved primarily for industrial uses, to create a compatible environment for a variety Wm of industrial. activities, to protect the integrity of surrounding residential and commercial uses, to allow F r and encourage proper placement and design for these com- mercial and residential uses which augment the principal uses, and to discourage commercial and residential en- croachment upon areas which should be reserved for t Ill'' ' industrial activities. Variances to lot and buildinu_ lbw regulations to permit more flexible design and utiliza-- tion of space may be permitted, and any industrial use which alio , meets the standards established in Performance Standares may be permitted. In order to qualify for such Special ilia Exceptions, the following conditions must be met: L (a) Ownership: The site proposed scall be in one o.are:r- 'ship, or, if in several ownerships, the request for special exception shall be filed by all owners of the properties included in the plan. (b) Zoning Provisions: All other portions of the respec- t: tive zoning district regulations and all other appli- - cable portions of this ordinance except those portions Lspecifically permitted above for. variance .._,6ll be adhered to. I:: (c) Street Frontage: This site proposed shall have a minimum width of 300 feet along a major street frontage. row _b2 I:: (d) Access Limitations: Locations for access onto and I: off the site shall be confined to rights-of-way which no residentially zoned property abuts within 400 feet. The minimum distance between such ingress and egress shall be at least 200 feet and the minimum distance I between any one location and an intersection of two or more streets rights-of-way shall be 100 feet. 1 (e) Site Plan: Concurrent with the request, a site plan shall be submitted on which structures shall be lo- 1 cated in relation to: (1) each other and to major entrances into and off the site; (2) internal cir- 1 culation ways; (3) parking and service areas, and (4) landscaped areas. The site plan and supporting • data shall also show proposed standards for develop- ! ment, including restrictions of the use of property; exceptions or variations to the requirements of the 1 Zoning Ordinance requested, if any; plans for the provision of utilities, including water, sewer and 1 drainage facilities; plans for protection of abutting properties; and such other plans, tabulations and other data that the Board of Adjustment may require. / . (f) Assurance of Improvements: 1> statement defining the manner in which the City o Cape Canaveral is to be assured that all improvements and protective devices I:: are to be installed and maintained shall accompany the request for Special Exception. The Board of Ad-It! justment may require the posting of a performance -81- ..., , 6 Lbond not to exceed 110 percent of the cost of providing: (1) the public improvements necr. _.r:, to insure proper ingress and egress for the site; (2) the p, a.,. services customarily supplied by the City of Cape r Canaveral to fill respective needs for storm, wat_r imms and sanitary sewer disposal, water supply and so forth. r err (g) Utilities and Services: Structures within the Planned Commercial Development must be connected to City water Li and sewer lines and all utility lines shall be placed underground. Proper and adequate access for fire- fighting purposes and access to service areas to pro- vide garbage and waste collection, and for other neces-- . sary services to be provided. Subsequent to the compliance of the aforementioned conditions, L'I . . the customary procedure for granting of a Special Exception by the Board of Adjustment and for obtaining a. building LApermit shall take effect. L -84- /' IX. OFF-STREET PARKING AND LOADING REGULATIONS ` + 1. Off-Street Parking and Loading Requirements (a) Definition of Off-Street Parking Space: For the purposes of this ordinance, the term "off-street parking space" shall consist of a minimum paved area of 200 square feet with minimum dimensions of 10 feet by 20 feet for parking III an automobile, exclusive of access drives or aisles thereto. (b) Requirements for Off-Street Parking: There sha/1 be pro- vided at the time of the erection, or change of use, of any main building or structure or at the time any main building or structure is enlarged or increased in capacity by adding dwellingunits,, guest rooms, floor area or seats, minimum off-street automobile parking space with adequate provisions 1 for ingress or egress in accordance with the following i requirements: (1) Auditorium, theatres or other places of assembly- 1:: One space for each 3 seats, or seating place or one space for every 100 square feet of floor area of the I: main assembly hall, whichever is greater. (2) Business or commercial buildings - One space for each I:: three hundred square feet of gross floor area or fraction thereof. 1:: (3) Churches, temples or places of worship - One space for each four seats or seating places, or one space I:: for each 125 square feet of floor area of the main assembly hall, whichever is greater. -85- i ! P (4) Clubs or lodges - One space for each 3 seats or seating places or one space for each 100 square feet of floor area of the main assembly hall, whichever is greater. (5) Hospitals - Two spaces for each patient bed. (6) Libraries, museums - Off-street parking spaces equal ake .in area to fifty percent of the floor area open to the public. (7) Manufacturing and industrial uses - One space for.• each employee on the largest working shift. (8) Medical or dental clinics - Three spaces for each examination or treatment room plus one space for each employee. • (9) Mortuaries - One space for each five seats or seating places, exclusive of areas needed for ambulances. (10) Nursing or convalescent homes and sanitariums - One space for each four patient beds. (11) Office and Professional Buildings (excluding medical and dental clinics) - Ona space for each 300 sq. fit. of gross floor area. (12) Public Buildings - One space for each five seats or seating places or one space for every 150 square feet of floor area in the main assembly room, whichever is greatest. (13) Residential Uses (including single, two and multiple family dwellings, RPUD, and mobile homes) - Two spaces for each living unit. (14) Restaurants or other eating places - One space fur eci, ; three seats or seating places. -86- (15) Rooming, boarding houses - One space for each bed. III (16) Schools - (a) Colleges, technical and vocational schools- One space for each student. III (b) High School - One space for each two students- • 11 ::: , (c) Junior High, elementary, kindergarten, nursery - One space per classroom plus one space for each administrative office. (17) Transient lodging facilities - One space for each sleeping unit, plus one space for each twelve sleeping IIIunits for employee parking. (18) All other uses - To be determined by the Building I . Official of the City of Cape Canaveral, who shall use the above ratios as a standard for determining the requirement. (c) Location of Off-Street Parking Spaces - (1)Parking spaces for all residential uses shall be located on the same property as the main building to be served where feasible, unless otherwise stipulated elsewhere 11 III in this ordinance, except that one-half the total number of required spaces for multiple-family dwellings, Itownhouses, and mobile homes may be located in a common 11 III parking facility not more than two hundred feet distant from the nearest boundary of the site. (2)Parking spaces for other uses shall be provided on the II III same lot or not more than five hundred feet distant. III -87- ' • (3) Parking requirements for two or ml?-Ye s. of the same or different types may be satisfied by the allocation of the required number of spaces for each use in a common parking facility but in event_ shall an individual parking space be allocated for more than one use. (4) Required off-street parking areas for five or more • automobiles shall have individual spaces marked, and shall be so designed, maintained, and regulated fthat no parking or maneuvering incidental to ., ,�..L parking shall be on any setback area, piblic street, walk, or alley, and so that any automobile may be parked and unparked without moving another. 2. Off-Street Loading Requirements (a) Requirements for Off-Street Loading Spaces: imp (1) Every permitted use requiring the receipt or distribution by vehicles of materials or mer- P chandise and having a floor area of ten-thousand square feet or more shall have at least one permanently maintained off-street loading spe for each ten-thousand square feet, or fraction thereof, of gross floor area. (2) Single-occupancy retail operations, wholesale and industrial operations with a gross floor area of less than ten thousand square feet shall provide sufficient receiving space on the property so as not to hinder the movement of vehicles and pedestrians over a sidewalk, street or alley. -88- E . (b) Location and Dimension of Off-Street Loading Space: Each space shall have direct access to an alley or street and shall have the following minimum dimensions: length, forty-five feet; width, twelve feet; height, fourteen feet. I:: C C I C 1 . .1 I:: C -89- inn X. HOME OCCUPATIONS 1. In any district where a home occupation is allowed, it • arm shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes and shall not change the character thereof. When permitted, home occupations shall r., be conducted in accordance with the following provisions: (a) No person other than members of the family residing on the premises shall be engaged in such oreboations. (b) There shall be no disulay of goods visible from any street. (c) A non-illuminated name plate, not exceeding two sc^sare feet in area, may be displayed providing the same is • affixed flat against the exterior surface at a position not more than two feet distance from the main entrance to the residence. (d) No home occupation shall occupy an area greater J-an, twenty-five (25%) percent of the first floor area of the residence, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. *'o rooms which have been constructed as an addition to the residence, nor any attached garage or porch which has been converted into living quarters, shall be e idered as floor area until two (2) years after the date of completion thereof. (e) No home occupation shall be conducted in an accesrery building; such occupation must be conducted in tee residence. -90- . (f) No motor power other than electric motors shall be used in conjunction with such home occupations. The • total horsepower of such motors shall not exceed three (3) horsepower, or one (1) horsepower for any single motor. (g) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible inter- ference in any radio or television receivers off the L . premises, or causes fluctuations in line voltage off the premises. (h) Occupations which generate greater volumes of traffic than would normally be expected in a residential neighborhood, such as barber shops, beauty shops, public dining or tea room facilities, antique or rgift shops, fortune telling or clairvoyance, repair shops (are proh}bi.ted. rii: _ 4 E 91_ p. XI. PERFORMANCE STANDARDS 1. Application of Performance (a) Any use, building, structure, or land developed, con- bur structed or used for any permitted principal us-, any use permissible as a special exception, or any accessory use, shall comply with all of the performance standards herein set forth. (b) If any existing use or building or other structure is extended, enlarged, or reconstructed, the performance standards involved shall apply with respect to such extended, enlarged, or reconstructed portion or portions • of such use, building, or other structure. (c) Within 24 months of the adoption of this ordinance, all existing uses, buildings, or other structures shall comply with the performance standards herein set forth, • provided, however, that if. the Board of Adjustment finds that because of the nature of the corrective action required, the 24 month period is inadequate, it may, as irm a special exception,p p grant not more than one exception for a period of not more than 12 months. 2. Administration and Enforcement of Performance Standards Upon complaint to the Building Official that an apparent vio- rlation in meeting the Performance Standards exists, the holder of the certificate of occupancy for the building which the alleged violation originates must furnish the Building Official with a certified statement by a registered ei that proper measurements have been made and that the alio:j d violation does or does not exist. If such violation does exist, it shall be rectified subject= to approval by the Imo Building Official. All costs incurred in the above procdure • shall be borne by the holder of the certificate of occupancy for the building which was the subject of the complaint. -92- 3. Performance Standards - All uses within the city shall ' conform to the performance standards set forth herein. (a) Noise Standards: (1) Method of measurement: Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards IAssociation (American Standard Sound Level Meters for Measurement of Noise and Other Sounds Z24.3- 1944, American Standards Association, Inc. , New York, New York, and American Standards Specifications for an Octave-Band Filter Set for E the Analysis of Noise and Other Sounds, Z24.10- 1953, American Standards Association, Inc. , New L: York, New York) . (2) Locational requirement for measurement: Sound • Llevels shall be measured along the boundaries of the site. ;:: (3) Permitted sound levels: Maximum Sound Pressure Level In Deci- bels (0.0002 dynes per sq. centimeter) Iri: Octave Band Along Residential Along Commercial & Industrial (Cycles per second) District Boundaries District Boundaries s 0-75 69 79 75-150 54 74 150-300 47 66 300-600 • 41 59 600-1,200 37 53 1,200-2,400 34 47 2,400-4,800 31 41 Above 4,800 28 39 These standards shall apply to all noises, due to intermittence, beat frequency or shrillness. - 93- . . R (b) Smoke and Particulate Matter Standards III (1) Requirements: The amount of .particulate matter ' resulting from smoke or 'other sources permitted in ambient air shall not exceed 200 milligrams per cubic meter during any 24 hour period of IIIcontinuous measurement. 1 (2) Method of measurement: The amount of particulate III matter present in ambient air shall be measured by a high-volume sampler, capable of pulling approximately 30 to 50 cubic feet of air per minute through a pre-weighed filter, and approved . for use by the Florida State Board of Health, IIBureau of Sanitary Engineering. (3) Locational requirements for measurement: The amount of particulate matter shall be measured at the property line of the use from which such particulate matter is emitted. • (4) In the event that a high volume sampler is not Iavailable , every use shall be so . operated as to prevent the emission of smoke from I any source whatever, to a density greater than described as Number 1 on t; inglemann Smoke Chart, provided, however, that smoke equal to but not in • excess of that shade of appearance described as Number 2 on the Ringlemann Chart may be emitted for 1 IIIa period or periods totaling four minutes in any • thirty minutes. For the purpose of grading the 1 density of smoke, the Ringlemann Chart, _as published _ 94 C and used by the United States Bureau of Mines; and which is hereby made, by reference, a part of INS these regulations, shall be the standard. All measurements shall be at the point of emission for lid this period of measurement. (c) Odor Standards: (1) Requirements: All uses shall be controlled to prevent the emission of odorous gases or other matter in such quantities as to be objectionable or offensive at the specified points of measurement. (2) Method of measurement: A noxious concentration shall be deemed to be the point at which the threshold of smell can be achieved. (3) Locational requirement: Noxious odors shall be measured as specified at a point 25 feet from the point of origin. (d) Toxic Gases, Fumes, Vapors and Matter: (1) All uses shall be controlled to prevent the dis- charge of any toxic gases or matter in such quantity that may endanger the public health, safety or Eis welfare or cause damage or injury to other property or uses. (2) Locational requirement: Measurement shall be made at point of dischargeinto the atmosphere. (e) Vibration Standards: (1) Requirements: All uses shall be controlled to prevent the transmission of any vibration, from any source or at any time whatever, that exceeds the -95 - `r+ { • maximum displacement set fcrth in subsection (4) • below. Imo (2) Method of measurement: , The displacement of earth caused by vibration shall be measured in inches IWO by an appropriate instrument approved by the City Council upon recommendation of the City Engineer. (3) Location requirement: Vibration shall be measured Mrs as specified along the boundaries of the site. (4) Permitted vibration transmissions: Frequency Maximum Permitted Displacement • (Cycles Per Second) Along the Property Line (in inches) 0 to 10 .0008 10 to 20 .0005 ism 20 to 30 .0002 30 to 40 .0002 Over 40 .0001 (f) Glare and Lighting Standards: • Any lighting elements or structural materials installed its on a site shall be prevented from casting or reflecting glare or light beyond the boundaries of the site, unless their location precludes any hazard or nuisance arising as a consequence of such glare or light. Locations re- quiring some means of preventing the transmission of glare Uri or light beyond the site's boundaries are established according to the relationship between (a) required minimum elevation of the lighting element or structural material above the finalgrade established along the nearest site boundary, and (b) distance of the lighting element or structural material from the nearest boundary. As set Iwo forth in the following table, elements or materials below -;c Ir the minimum elevation required of each distance shall be shielded or otherwise screened to prevent aft transmission of light or glare beyond the site: • Distance From Required Minimum Elevation lrw Site Boundary (for lighting sources or elements) 50 feet 20 feet 60 feet 19 feet 70 feet 18 feet 80 feet 17 feet . 90 feet 16 feet 100 feet 15 feet Iwo (g) Electromagnetic Radiation: (1) Requirements: All uses shall be controlled to •rr prevent any source of eletromagnetic radiation which does not comply with the current regula- r lbwtions of the Federal Communications Commission regarding such sources of electromagnetic radiation. (h) Heat and Humidity: lbw Any use producing humidity in the form of steam or moist air, or producing heat, shall be carried on in such a `rr manner that steam, humidity or heat is not perceptible to the average person using his normal senses at any War lot line. (i) Fire and Explosion: Each use shall be so operated as to minimize the danger from fire and explosion and to comply with the fire lir regulations. (j) Radiation Hazards: WINIS Applicable standards of the Florida State Board of Health Sanitary Code are hereby adapted. lam -97- • •w ems (k) Stream Pollutants: No effluent shall be discharged into any stream or waterway. Discharges into the City of Cape Canaveral sewerage system shall be as approved by the City • Engineer. • MEW WOW 1111111 S S -98- v.= XII. SUPPLEMENTARY DISTRICT REGULATIONS • r Building Setback Lines • 1. For the purpose of promoting health, safety and general welfare Iso ' of the community, and to lessen congestion in the streets; secure safety from fire, panic, storm, hurricane or other causes; +m to provide adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of population; to provide ,mo adequate facilities for transportation, parking, water and sewer- " It age; and to conserve the value of buildings and encourage the most appropriate use of land, all properties within the city limits of Cape Canaveral which abut the following roads shall maintain IIIthese minimum building setback lines; A. U. S. Highway AlA III1) Setback on east side from southern city boundary north to Range Line 23 will be fifty (50) feet from highway right-of- li II way and setback on east side from Range Line 23 to northern city boundary shall be a minimum of seventy-five (75) feet ® from the highway right-of-way. 2) Setback on west side of AlA from southern city boundary to northern city boundary shall be a minimum of seventy-five (75) feet from the highway right-of-way. LO B. North Atlantic Avenue (that portion of North Atlantic Avenue also known as Palm Avenue) 1) Setback, each side, from southern city boundary to northern IC city boundary shall be a minimum of seventy-five (75) feet IL . ' from the center line of the road. • IIP -99- him _ C. Ridgewood Avenue ono 1) Setback, each side, from southern city boundary to northern city boundary shall be a minimum of twenty-five (25) feet 11rs from the road right-of-way. 2. In all cases there shall be a setback of fifty (50) feet from the official ocean bluff line as established on the Official Bluff Line Map. 11w •a 3. In determining the setback requirements for any building proposed • to be erected, the setback requirements herein above, shall be Imo construed as a minimum setback and if a greater setback is re- ` quired under any of the zoning districts, then such greater setback requirement shall be enforced. r11 N Wrr r • illi -100- rr :rection OE more 1.'ncn vne rrincipai structure on a LOt In any district, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that yard and other requirements of this ordinance shall be met for each structure as though it were on an in- g • Irn dividual lot. • 3. Yard Encroachments Every part of every required yard shall be open and unobstructed from the ground to the sky except as hereinafter provided or as otherwise permitted in this ordinance: (a) Sills or belt courses may project not over 18 inches into Irrr a required yard. (b) Movable awnings may project not over 3 feet into a re- tire quired yard, provided that where the yard is less than 5 imp feet in width the projection shall not exceed one-half the width of the yard. • (c) Chimneys, fireplaces or pilaster may project not over 2 feet into a required yard. (d) Fire escapes, stairways, and balconies which are unroofed and unenclosed may project not over five (5) ft. into a required • rear yard, or not over three (3) ft. into a required side yard, and shall not project into- a required front yard of a multiple dwelling, hotel or motel. (e) Hoods, canopies, or marquees may project not over 3 feet into a required yard. (f) Fences, walls and hedges shall be permitted in required yards subject to the provisions established herein. (g) Accessory parking may be located in a required front, -101- rr . . rear or side yard for single family and two family dwellings. • (h) In the Commercial and Industrial zoning districts required off- street parking space may be located in the front yard except litas that no parking shall be permitted within 10 feet of the front lot line. •(i) Other than listed above in (g) and (h) , no required setback area shall be used for any parking space, or backout area. (j) Open, unenclosed porches, platforms, or paved terraces not covered by a roof or a canopy, and which do not- extend above the level of the first floor of the building, may extend or project into the required yard area. 4. Accessory Structures )o accessory structure shall be erected in any required front or side yard, and shall not cover more than 30% of any re- tire quired rear yard. No separate accessory structures shall be erected within 10 feet of any building on the same lot nor within 15 feet of any lot line and shall not exceed 24 feet in height. Accessory buildings shall be constructed simultaneously with, or following, the construction of the main building. No home occupation or business may be conducted in an accessory building. No accessory building which contains living quarters shall be built on any lot Wr in any residential district except servants quarters for persons other than the immediate family, employed on the premises, -102- . . . . ... _ 5. Visibility at Intersections On a corner lot in any district, nothing shall ' r be erected, placed, planted, or allowed to grow in such a manner as to impede vision between a height of two and a half feet and ten feet above the centerline grades of the imme intersecting streets in the triangular area bounded on 2 sides by the street right-of-way lines and on third side by a straight line drawn between two points on the street right- of-way line located 4C feet from the point of the inter- im"' section of the street right-of-way lines. 6. Fences, Walls and Hedges too Not withstanding other provisions of this ordinance, fences, walls, and hedges may be permitted in any required yard or along the edge of any yard, provided that in any residential 1Nr district no fence, wall, or hedge along any side or back yard shall be over six (6) feet in height nor over four (4) feet in height along any front yard. Mmw 7. Exceptions to Height Regulations The height limitations contained in the Schedule of District Regulations do not apply to spires, belfries, cupolas, antennas, tiro water tanks, ventilators, chimney's, or other appurtenances P. usually required to be placed above the roof level and not ■rr intended for human occupancy. 8. Structures to Have Access Ir Every building shall be on a. lot adjacent to a public street or with access to an approved private street, and shall have a safe and convenient access for servicing, fire protection, Orr *As corrected 10/19/71 bar and required off-street parking. All lots upon which 11. structures are built shall have a.. minimum Access width of 25 feet on a public right-of-way or an approved private right- of-way. ilrs 9. Location of Recreational and Camping Equipment for Living or Occupancy Purposes a) No person shall occupy or reside in any travel trailer, camper trailer, camper (truck mounted) , motor travel hcme, err or tent in any location within the City other than a duly licensed and approved trailer park, except as hereinafter provided. b) Any person desiring to locate their travel trailer, camper trailers camper (truck mounted) , motor travel home, • I err or tent in any space other than a duly licensed and approved trailer park. as 'aforesaid, shall be rgquired to secure written permission from the City Manager. All such permits issued under this section shall be temporary and shall expire at the • time designated in the permit. c) Nothing contained herein shall be deemed to prevent, or prohibit, or make unlawful the parking of any of the afore- mentioned recreational or camping equipment in the 'yard of any resident within the City when such equipment is owned by . ` the owner or tenant of such residence and not used for human 1 habitation or carrying on a business. 10. Parking and Stoteof Certain Vehicles Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any Ir. residentially zoned property other than in completely enclosed buildings. Any automotive vehicle not in running IIIcondition shall not be parked or stored on any residentially I zoned property for a period exceeding 72 hours, other than IIIin completely enclosed buildings. Y 11. Minimum Width of Courts The minimum width of a court shall be 30 feet for one-story buildings, 40 feet for two-story buildings, 50 feet for three- story buildings, and 60 feet for four-story buildings. For every 5 feet of height over 40 feet the width of such a court 1112 shall be increased by two feet, provided that open unenclosed -1 04-• 4 IL , , 1rr porches may project into a required court not more than. P twenty-five (25) percent of the width of such court. • NMI 12. Water Areas All areas within the city which are under water and not UMW shown as included within any district shall be subject to all the requirements of the district which immediately mgr adjoins or abuts the water area. If the water area adjoins two or more districts the boundaries of each district shall Iwo be construed to extend into the water area in a straight line as projected until they intersect a projected line from other district boundaries. UMW • 13. Landsr.ahi.ncl �_ud Screening for Commercial and Industrial Zoning Districts irr Wherever the boundary of a commercial or industrial zoning district abuts upon • a residential zoning district, . a visual screen shall be provided within the yard setbacks • of such commercial or industrial zoning district, meeting tiro the following specifications: • a) Such visual screen shall be provided along the • entire length of the commercial or industrial i zoning district boundary which-abuts upon any residential zoning district. b) Such visual screen shall consist of decorative or • ornamental fencing and/or decorative or ornamental hur trees and shrubs, designed and placed in a manner rendering such visual screen at least 80% opaque within a period of two (2) years after such screen is provided and shall be not less than four (4) feet in height nor more than six (6) feet in height. c) Landscaping area for parking areas of more than ten (10) spaces shall comprise at least 10% of the total parking area and shall consist of islands of ■rr grass, hardy shrubs or evergreen ground cover • d) All areas not paved shall be landscaped with grass, • • hardy shrubs or evergreen ground cover e) Location of screening and landscaping and subsequent • maintenance shall be subject to the approval of the Building Official. • ins -10 •- L Wm Mow 6 III14. Sewage Disposal • Regardless of other provisions of this ordinance, under all Iclassifications and in all districts, whether residential, business or industrial, where no public sewer system exists, there shall always be sufficient ground left unoccupied by a . structure for a proper system of "sewage disposal" in full 1 compliance with the plumbing and other ordinances of the City of Cape Canaveral and requirements of the Florida State Health Department. No building permit shall be issued until the County Health Department verifies that the plans for III water and sower facilities comply with the Florida State Health Department regulations. 15. Swimming Pools and Enclosures III . Swimming pools, open and unenclosed, or covered by a•screen 1 enclosure, may occupy a required rear or side yard provided they are not located closer than 5 feet to a rear lot line 0 10 fe tato an interior side lot line. A walk space at• eastiiii' l18 inches wide shall be provided between pool. walks -10.6- r. and fences or screen enclosure walks. Every swimming pool shall be protected by an approved safety barrier. u.r 16. Vehicular Use Areas • All commercial and industrial areas used for the display or parking of any and all types of vehicles, boats or heavy con- struction equipment, and all land upon which vehicles traverse rrrr the property as a function of the primary use, including but not limited to drives, parking, service and display areas, r• shall be paved or stabilized. 17. Atomic Energy Uses err All atomic energy uses shall meet the standards established by and have the approval of the Florida State Board of Health and the Atomic Energy Commission. In addition, such rr� uses shall require the approval of the City Council which • shall act only after receiving written recommendations from sum the City Engineer and the Board of Adjustment. . 18. Buildings Required nnr All commercial uses shall provide at least the minimum size P building required for the district in which the use is to be located. Said building shall contain plumbing facilities adequate to serve the needs of the customers and employees Il�rr of the commercial use. ,0 Sidewalks Required rrrr Construction of sidewalks shall be required in conjunction with the construction of any building on a property abutting a City street. Construction of said sidewalks shall be completed prior to the issuance of a certificate of occupancy and the costs construction UMW shall be borne by the properly owner. Construction o = sidewalks shall be in accordance with City sjecifications. • r -107- r. L ' -' -., XIII. ADMINISTRATION AND ENFORCEMENT -- BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY I 1. Administration and Enforcement The Building Official, under the supervision of the City Manager ' or department head duly delegated and appointed by the City Manager, shall administer and enforce this III ordinance. He .may be provided with assistance of such other III officers and employees of the City as may be necessary to enforce the provisions of this ordinance. If the Building . ® Official finds that any of the provisions of this ordinance are being violated, he shall notify in writing the person ' responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. i He shall order discontinuance of illegal work being done; or Lshall take any other action authorized by this ordinance to insure compliance with or to prevent violation of its pro- '.1 ' • visions. 2. Building Permits Required I (a) No building or other structure shall be erected, moved, added to, or structurally altered without a permit III . therefore, issued by the Building Official. No building permit shall be issued except in conformity with the pro- visions of this ordinance, except after written order Ifrom the Board of Adjustment in the form of an administra- tive review, special exception, or variance as provided ICby this ordinance. -108- (b) The issuance of a permit upon plans and specifications I shall not prevent the Building Official from thereafter. hos requiring the correction of errors in said plans and IIspecifications or preventing the building operations being carried on thereunder when in violation of this ordinance, or any City ordinance. 3. Application for Building Permit II All applications for building permits for any structure and its accessory buildings, shall be accompanied by a scale drawing at a scale acceptable to the Building Official, in IIIduplicate showing the following: (a) The actual dimensions and shape of the lot or lots to be built upon; including the location and actual boundaries of said lots of any abutting watercourses and water bodies; (b) The exact dimensions and locations on the lot of proposed II and existing buildings; (c) The dimensions of the proposed buildings or alterations; (d) The location and layout of the proposed sewerage system; (e) The required parking spaces, loading and unloading spaces, maneuvering space and openings for ingress and egress; (f) When applicable, grading and drainage plans showing any and all cuts, fills and provisions for adequately carrying off surface water on premises plus provisions for any • surface water which would naturally flow over or through the • ll: area. (g) Such other information as lawfully may be required by the ihil Building Official, including existing or proposed building r, 1 -10y- . moo or alternation; existing or proposed uses of the building ism and land; the number of families, housekeeping units, or rental units the building is designed to accommodate; r conditions existing on the lot; and such other matters as may be necessary to determine conformance with, and pro- em vide for the enforcement of, this ordinance. All plans shall be reviewed by the Building Official. One copy of the plans shall be returned to the applicant by the Building Official, after he shall have marked such copy either as approved or disapproved and attested same by his signature MIN on such copy. The original copy of the plans, similarly marked, shall be retained by the Building Official. tom * 4. Certificate of Occupancy Required No land or building or part thereof hereafter erected or altered ems in its use or structure shall be used until the Building Official shall have issued a certificate of occupancy stating that such Imo land; building, or part thereof, and the proposed use thereof are found to be in conformity with the provisions of this ordinance. vim Within three (3) days after notification that a building or premises, or part thereof, is ready for occupancy or use, it r shall be the duty of the Building Official to make a final inspection thereof and to issue a certificate of occupancy if the land, building or part thereof and the proposed use m thereof are found to conform with the provisions of this ordinance; or, if issuance of such certificate is refused, to state such e refusal in writing with the cause. A temporary certificate of occupancy may be issued by the IMO Building Official for a period not exceeding six months during -110- ins *As corrected 10/19/71 L r lbw alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may `Ire require such conditions and safeguards as will protect the safety of the occupants and the public. 5. Expiration of Building Permit If the work described in any building permit has not begun within 90 days from the date of issuance thereof, said permit shall expire; it shall be cancelled by the Building Official and written notice thereof shall be given to the personsimme affected. If the work described in any building permit has not been completed within one year of the issuance thereof, said permit shall expire and be cancelled by the Building Official and written notice thereof shall be given to the persons affected, together with notice that further work as described • r • ibw Illw boo err -111- boo boo in the cancelled permit shall not proceed unless and r until a new building permit has been obtained. • 6. Construction and Use to be as Provided in Applications, tow Plans, Permits, and Certificates of Occupancy Building permits or certificates of occupancy issued on arm the basis of plans and applications approved by the Building Official authorize the use, arrangement, and con- • los struction only as described in said plans and applications. Use, arrangement, or construction at variance with that *weauthorized shall be deemed a. violation of this ordinance. f( ins nrw UMW 11111111111 • 01111111 -112- .. • • • XIV. BOARD OF ADJUSTMENT: ESTABLISHMENT AND PROCEDURE hrr A Board of Adjustment is hereby established, which shall consist 41 of y five members oTC ,OMIT1 -tne City Council. In addition, • the Chairman of the Zoning and Planning Board. or- his due representative shall be an ex-officio member of the Board of Adjustment. 1. Proceedings of the Board of Adjustment The Board of Adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as a majority of the Board of Adjustment may determine. The chairman, or in his Imo absence the acting chairman, may administer oaths and compel • the attendance of witnesses. All meetings shall be open to aim the public. 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, imp all of which shall be a public record and be immediately filed in the office of the City Clerk for the Board of Adjustment. rr • W bar r -113- AIM XV. BOARD OF ADJUSTMENT: POWERS AND DUTIES The Board of Adjustment shall have the following powers and duties: HIM 1. Administrative Review To hear and decide appeals where it is alleged there is error rime in any order, requirement, decision, or determination made by the Building Official in the enforcement of this ordinance. arm (a) Hearings; Appeals; Notice - Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer or bureau of the governing body of the City affected by any decision of the Building Official in the +� interpretation of any portion of these regulations. Such appeals shall be taken within a reasonable time not to a exceed sixty (60) days of the date of said decision, or such lesser period as may be provided by the rules of the Board of Adjustment, by filing with the Building Official arm and with the Board of Adjustment a notice of appeal speci- fying the grounds therefor. The Building Official shall Ir • forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed ire from was taken. The Board of Adjustment shall fix a reasonable time for hearing of the appeal, give public notice thereof at least 15 days in advance of public hearing as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing any party may irmwo appear in person or by agent or attorndy. -114• arm (b) Stay of Proceeding - An appeal stays all proceedings in r.. furtherance of the action appealed from, unless the Building Official fromwhom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with him, that by reason of facts stated in the iris certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings Lou shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the administrative ism official charged with the enforcement of this act and from whom the appeal is taken and on due cause shown. 2. Special Exceptions: Conditions Governing Applications; Pro- cedures To hear and decide only such special exceptions as the Board irr of Adjustment is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are in- volved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this ordinance or other applicable ordinances; or to deny special exceptions when not in harmony with the purpose and intent of this ordinance. A special exception shall not be granted by the Board of Adjustment unless and until: (a) A written application for a special exception is sub- mitted indicating the section of this ordinance under lbw which the special exception is sought and stating the grounds on which it is requested: -1.15- ion (b) All proposed special exceptions shall be submitted to the Zoning and Planning Board for study and written recommendation. The Board of Adjustment shall consider the recommendation of the Zoning and Planning Board as • r part of the official record when hearing an applica- tion for a special exception. (c) Notice shall be given at least fifteen (15) days in ft- ion advance of public hearing. The owner of the property for which special exception is sought or his agent shall be notified by certified mail. Notice of such hearing Imo shall be posted on the property for which special ex- ception is sought, at the City Hall, and shall be fair published in a newspaper of regular circulation within the City of Cape Canaveral. firm (d) A courtesy notice may be mailed to the property owners . of record within a radius of 500 feet, provided, however, it that failure to mail or receive such courtesy notice shall not affect any action or proceedings taken hereunder. (e) Any party may appear in person, or be represented b'1 an attorney at the public hearing; the Board of Adjustment list shall make such findings as it is empowered under the various sections of this ordinance but in no case shall fart grant a special exception that in any way adversely affects the public interest. Before any special exception shall be issued, the Board of torr Adjustment shall make written findings certifying compliance rwith the specific rules governing individual special exceptions, Ire and that satisfactory provision and arrangement has been made r -116- lbw concerning the following, where applicable: (a) Ingress and egress to property and proposed structures thereon with particular reference to automotive and timo pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Imo (b) Off-street parking and loading areas where required, with particular attention to the items in (a) above, and economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district. (c) Refuse and service areas, with particular reference to the items in (a) and (b) above. (d) Utilities, with reference to locations, availability, and compatibility. (e) Screening and buffering with reference to type, dimen- sions, and character. ilimi (f) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district. (g) Required yards and other open space. i (h) Height. (i) Landscaping. (j) Renewal and/or termination dates. (k) That the use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic to be generated, and building size and setbacks, its relationship to land values, and other factors that may be used to measure compatibility. -1.17- mow In granting any special exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in con- formity with this ordinance. Violation of such conditions 'ma and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed to be a rrn violation of this ordinance and punishable as provided by this ordinance. 3. Variances; Conditions Governing Applications: Procedures To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary rr • to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance raw 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 rra 'demonstrating: (1) That special conditions and circumstances exist r. which are peculiar to the land, structure or building involved and which are not applicable rr, to other lands, buildings or structures in the same district. (2) That literal interpretation of the provisions of los this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the tam same district under the terms of this ordinance. Irm -118- r r time (3) That the special conditions and circumstances referred to in (1) above, do not result from . the actions of the applicant. (4) That granting the variance requested will not R confer on the applicant any special privilege Ins that is denied by this ordinance to other lands, ' structures or dwellings •in the same district. IIINo non-conforming use of neighboring lands, structures or buildings in the same district, and no. permitted use 111 of land, structures or buildings in other districts shall be considered grounds for the issuance of a variance. (b) All proposed variances shall be submitted to the Zoning and Planning Board for study and written recommendation IIIprior to submittal to the Board of Adjustment. The Board of Adjustment shall consider the recommendation of the Zoning and Planning Board as part of the official I record when hearing an application for a variance. III (c) Notice of public hearing shall be given as specified for special exceptions. (d) A courtesy notice may be mailed to the property owners of 111 record within a radius of 500 feet, provided, however, that failure to mail or receive such courtesy notice shall not affect any action or proceedings taken hereunder. (e) Any party may appear in person, or be represented by an agent or by attorney at the public hearing. (f) The Board of Adjustment shall make findings that the 111 I requirements of 3-a (above) have been met by the applicant for a variance. -119- w (g) ,The Board of Adjustment shall further make a finding l - that the reasons set forth in the application justify the granting of the variance, and that the variance is *Ns the minimum variance that will make possible the reasonable use of the land, building or structure. (h) The Board of Adjustment shall• further make a finding Iwo that the granting of the variance 'will be in harmony with the general purpose and intent of this ordinance, I.' will not be injurious to the neighborhood, or otherwise • 1 detrimental to the public welfare. IL In granting any variance, the Board of Adjustment may prescribe IIIappropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when IIImade a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable I as provided by this ordinance. Under no circumstances shall the Board of Adjustment grant_a. variance to permit a use not generally or by special exception IIIpermitted in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance. I: A. Applicants All hearings for Special Exceptions or Variances before the s.. Board of Adjustment shall be initiated by (1) the owner or owners of at least seventy-five (75) percent of the property r, described in the application; (2) tenant or tenants, with NW • owners' sworn-to consent; • (3) duly authorized agents evidenced 160 by a written power of attorney; (4) City Council; (5) Zoning and Planning Board; (CO and department or agency of the City. ' E -120- 5. Decisions of the Board of Adjustment In exercising any of the above listed powers, the Board of irr Adjustment may, so long as the action is in conformity with the terms of this ordinance, reverse or affirm wholly or tiro partly, or may modify the order, requirement, decision or determination appealed from and may make such order, require- ment, decision or determination appealed from and may make such order, requirement, decision or determination as should be made, and to that end shall have all of the powers of the Building Official from whom the appeal was taken. The concurring vote of imiumml members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision imp or determination of the Building Official, or to decide in favor of the applicant on any matter upon which it is re- quired to pass under this ordinance, or to effect any variation in the application of this ordinance. REFF •dCC i S-cTi•.✓/7 ./s' /0/../9 S74T2'i6T -121- XVI. APPEALS FROM THE BOARD OF ADJUSTMENT 'r Any person or persons, or any taxpayer, department, board or bureau of the City aggrieved by any decision of the Board of Adjustment, may, within thirty (30) days after the filing of such decision in the office of the City Clerk, but not thereafter, apply to the courts for relief in the manner provided by the laws of the State 1111110 of FLorida, and particularly by Chapter 176, Florida Statutes. r ren rrr Imo • n.,.. -12 2-- %or f Mow XVII. DUTIES OF BUILDING OFFICIAL, BOARD OF ADJUSTMENT, CITY COUNCIL ON MATTERS OF APPEAL mom It is the intent of this ordinance that all questions of inter- pretation and enforcement shall be first presented to the Immo Building Official, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of imm the Building Official, and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law and particularly by Chapter 176, Florida Statutes. It is further the intent of this ordinance that the duties of alm the City Council in connection with this ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this ordinance. Under this ordinance the City Council shall have 'only the duties (1) of considering and adopting or rejecting proposed amendments or the repeal of this ordinance, as provided by law, imm and (2) of establishing a schedule of fees and charges. f Imm lir • Iwo • r -123 • - • XVIII. AMENDMENTS 1 III 1 The regulations, restrictions and boundaries set forth in this ordinance may, from time to time, be amended, supplemented, changed or repealed in the manner prescribed by law. 1. Procedure The procedure for amendment of this ordinance shall he as follows: (a) A district boundary change may be initiated by (1) the owner or owners of at least seventy-five percent of the property described in the application; (2) tenant or • tenants, with owners' sworn-to consent; (3) duly authorized agents evidenced by a written power of 4 attorney; (4) City Council; (5) Zoning and Planning Board; (6) any Department or Agency of the City. Any III amendment to this ordinance other than a district boundary change may he proposed by (1) City Council; (2) Zoning and Planning Board; (3) any Department or Agency of the III City; (4) any individual, corporation or agency. (b) All proposed amendments shall•be submitted to the Zoning and Planning Board for study and recommendation. The Zoning and Planning Board shall study such proposals to " ILdetermine: (1) the need and justification for the change; (2) when pertaining to the rezoning of land, the effect !!: of the change, if any, on the particular property and on surrounding properties; (3) when pertaining to the rezoning 4 I!: of land, the amount of undeveloped land in the general area and in the City having the same classification as that r° requested; and (4) the relationship of the proposed *ow -124_ war amendment to the purpose of the City's plan for develop- 4it ment, with appropriate consideration as to whether the 10 proposed change will further the purposes of this ordinance and the plan. Irl (c) The Zoning and Blanning Board shall submit the request for change or amendment to the City Council with written reasons for its recommendation. (d) No recommendation for change or amendment may be considered 11.1 by the City Council until due public notice has been given of a public hearing. Public notice of the hearing shall be given at least 15 days in advance of the hearing by the publication in a newspaper of regular and general circulation in the City of Cape Canaveral and notice shall be posted at the City Hall. (e) A courtesy notice may be mailed to the property owners of 60 record within a radius of 500 feet, provided, however, that failure to mail or receive such courtesy notice shall not affect any action or proceedings taken hereunder. (f) When any proposed change of a zoning district boundary lies within 500 feet of the boundary of an incorporated or un- incorporated area notice may be forwarded to the Planning Board or governing body of such incorporated or unincor- Ofts porated areas in order to give such body an opportunity to appear at the hearing and express its opinion on the Owe effect of said district boundary change. * (g) When the City Council proposes a change in zoning classifies Em cation of a single parcel or a group of not more than five hundred (500) parcels of any property within its jurisdic- trifts ion, it shall be the duty of said Council to give notice by mail to each property owner whose zoning classification is -125- *As amended 10/19/71 proposed to be changed. Such notice shall be mailed to the owner's current address of record, as maintained by the assessor of taxes for the jurisdiction proposing the change and be postmarked no later than ten (10) days prior to the first scheduled hearing concerning the proposed change. The notice shall contain the legal description of the affected 1W property, the existing zoning classification, the proposed zoning classification, and the time and place of any ,scheduled hearing concering the proposed zoning change. lam Prior to the effective date of any zoning classification change, the City Council shall cause an affidavit to be filed with the City Clerk certifying that said Council has lr complied with the provisions of this section. The filing of said affidavit shall be prima facie proof of compliance with the requirements of this Section. A failure to give imw notice shall not affect the validity of zoning ,2.xcept as to the property of the complaining owner. 2. Limitations No proposal for zoning change or amendment affecting particular property or properties shall contain condi- r� tions, limitations, or requirements not applicable to all other property in the district to which the par- ticular property is proposed to be rezoned. Umm 3. Reconsideration of District Boundary Changes When a proposed change in district boundaries has Imo been acted upon by the City Council and disapproved or failed to pass, such proposed change, in the same 9rrr or substantially similar form, shall not be recon- sidered by the City Council for a period of two years. limo Such restriction shall not apply to the property owner if the original request was initiated by the [ii City Council, Zoning and Planning Board, or any de- partment or agency of the City, nor shall it apply to r ime the City Council. Zoning and Planning Board, or any department or agency of the City. -126- • XIX. SCHEDULE OF FEES, CHARGES AND EXPENSES The following fees and charges in connection with matters pertinent air to zoning petitions, special exceptions, variances, and appeals are established: Application for rezoning $100.00 Application for a special . exception or .variance $ 75.00 Appeal of administrative decision $ 25.00 No permit or certificate shall be issued and no inspection, public notice or other action relative to zoning, petitions for changes in zoning, or appeals, shall be instituted until after such fees, `r costs and charges have been paid. When, in accordance with the provisions of this section, a fee is paid and application is filed, lbw there shall be no return or rebate of any funds so received, re- gardless of the City's determination in the matter involved. All imp fees, costs and charges shall be, upon collection, deposited in the general fund of the City. r F k r him -127- L Y.X. PROVISIONS OF ORDINANCES DECLARED TO BE MINIMUM REQUIREMENTS rowIn their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for r the protection of the public health, safety, morals and general welfare. Whenever the requirements of this ordinance are at variance with the requirements of any Other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive or that imposing the higher standards, shall taw govern. • ylrr swar ONO Nur immr ONO ONO -12131- u r Imo P , XXI. COMPLAINTS REGARDING VIOLATIONS Whenever a violation of this ordinance occurs, or is alleged • to have occurred, any person may file a complaint. Such Imo complaint stating fully the causes and basis thereof shall be filed with the B uilding Official. He shall record properly Imo such complaint, immediately investigate, and take action thereon as provided by this ordinance. it f 6 L isra • t �r.r. #rrrt -129- L XII.MMIV PENALTIES FOR VIOLATION UMW Any person, firm, or corporation who violates, disobeys, ire omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance, awn shall be fined not more than five hundred dollars ($500.00) or shall be imprisoned in the City Jail for not mope than thirty days (30), or both in the discretion of the Municipal Court. Each day that a violation is permitted to exist after notice shall constitute a separate offense. XXIII. SEPARABILITY CLAUSE .1110 Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision OWE shall not affect the validity of the ordinance as a whole, or • any part thereof other than the part so declared to be un- liar constitutional or invalid. bus 1r tims -130- rrr - ' XXIV. DEFINITIONS For the purposes of this ordinance, certain •terms or words •r used herein shall be interpreted as follows: Num The word person includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. The present tense includes the future tense, the singular ihus number includes the plural, and the plural number includes the • singular. The word shall is mandatory; the word may is permissive. The words used or occupied include the words intended, designed, #mm or arranged to be used or occupied. The word lot includes the words plot or parcel. 1. Accessory Use - A use or structure on the same lot with, and of a nature customarily incidental and subordinate to the principal use or structure. 2. Alcoholic Beverage - As defined by section 561.01 (7) , rFlorida Statutes. ars 3. Alley - Any public or private right-of-way set aside for secondary public travel and servicing which is less than thirty (30) feet in width. 4. Apartment - See Dwelling, Multiple Family. br 5. Apartment Hotel - A building designed for or containing both apartments and individual guest rooms or rental units, under resident supervision and which maintains an inner lobby through which all tenants must pass to gain access to apart- ments, rooms or units. Ism -131- P mor • • •"" 6. Automotive Vehicle - Any self-propelled vehicle or conveyance designed and used for the purpose of transporting or moving ems persons, animals, freight, merchandise or any substance. The phrase .shall include passenger cars, trucks, buses, motor- Imo cycles, scooters and station wagons, but shall not include tractors, construction equipment or machinery or any device used for performing a job except as stated above. 7. Awning - A detachable, rooflike cover, supported by the walls of a building for protection from sun or weather. Amm 8. Automotive Repair Facilities - This term shall include all mechanical engine overhaul' or repair, and body work and painting of automotive vehicles. 9. Boarding House - See Rooming House. mow 10. Buildable Area - The portion of a lot remaining after required yards have been provided. • Imo 11. Building Official - The official charged with the administration and enforcement of this ordinance as provided for in Section XIII. 12. Building or Structure - Any structure constructed or used for residence, business, industry or other public or private lrr purposes or accessory thereto, including tents, lunch wagcns, dining cars, trailers, mobile homes, sheds, garages, carports, P animal kennel, structures of all types, storerooms, billboards, signs, gasoline pumps and similar structures whether stationary or. movable. -132- I" / / r 13. Camper (Truck Mounted) - A portable structure designed 60 to be mounted on a truck or similar type vehicle for the purpose of converting said vehicle into a movable living unit and customarily used for recrational or camping use. IMO 14. Camper Trailer - A movable living unit or similar portable structure having no other foundation other than wheels, jacks or blocks, designed to be moved from one location to another by passenger automobile, may be collapsible and customarily used for recreational and camping pursuits, not in excess of fourteen feet in length. 1:: 15. Clinic - An establishment where patients are not lodged overnight, but are admitted for examination and treat- P '' ment by a group of physicians or dentists practicing medicine together. The term does not include a place Lio .for the treatment of animals. 16. Common Open Space - A parcel, parcels or area of land or land and water, other than a dedicated canal, within the site zoned for townhouse residential or used for planned unit development and designed and intended for the use or enjoyment of residents living within the zone or development area. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the said residents. -133- L ir.r rrn 17. Convalescent Home - A building where regular nursing care is provided for more than one person not a member of the family which resides on the premises. 18. Court - An unoccupied open space on the same lot with the principal building and enclosed on at least three adjacent sides by walls of the principal building. 19. Courtesy Notice - A notice of a public hearing, not required by law, mailed at the City's discretion to property owners within 500 feet of property sdbject of said public hearing. 20. Development Plan - A Development Plan is the total site plan of a Planned Unit Development. Said Development Plan shall specify and clearly illustrate the location, ime relationship, design, nature and character of all primary and secondary uses, public and private easements, structures, parking areas, public and private roads, and common open space. 21. Development Schedule - Development Schedule is a compre- hensive statement showing the type and extent of develop- ment to be completed within the various practicable time limits and the order in which development is to be undertaken.P a eu. A Development Schedule shall contain an exact description of the specific buildings, facilities, common open space, and other improvements to be developed at the end of each time period. -134- . C • 22. Drive-in Restaurant or Refreshment Stand - Any place or premises used for sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises. 23 Dwelling, Single Family - A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only. 24 . Dwelling, Mobile Home - A detached residential dwelling unit rh; over eight (8) feet in width, designed for transportation,after fabrication,on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling unit complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer nor a mobile camper is to be considered as a mobile home. 25. Dwelling, Two Family - A detached residential building con- taining two dwelling units, designed for occupancy by not more than two families. 26. Dwelling, Multiple Family - A residential building designed 1:: for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. 27. Dwelling Unit or LivingUnit it - One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping fior facilities. -135_ 2£. Family - An individual or a group of persons related to each other by blood or marriage or a group of not more than four persons who are not necessarily so related, living together aim under one roof as a single household unit. 29. Fence - A structure forming a physical barrier which is so constructed that no less than 50 percent of the vertical surface is open to permit the transmission of light, air, and kur vision through such surface in a horizontal plane. 30. Final Application - Final Application for approval of the Final Development Plan and for approval of the required exhibits as specified in this Ordinance. 31. Final Development Plan - Final Development Plan is the development err Plan approved by, the Council and recorded with the Clerk of the Circuit Court of Brevard County according to the provisions of this Ordinance. 32. Floor Area - The sum-of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerline of walls separating two attached buildings. The required minimum floor area within each district shall not apply to Imo accessory uses; however, the floor area may be computed as a part of the area of the principal use. 33. Floor Area Ratio - The floor area of the building or buildings on any lot divided by the area of the lot. 34. Guest House - Living quarters within a detached accessory building located on the same lot with the main building for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities or separate utility [:: meters and not rented or otherwise used as a separate dwelling. �r 35. Hedge - A row of bushes or small trees planted close together in such a manner as to form a boundary or barrier. -136- r ---,ilk riii36. Height of Building - The vertical distance from the established average sidewalk or street grade or finished grade at the . +• ,, building line, whichever is the highest, to (a) the highest point illmW of a flat roof; (b) the deck line of "a mansard roof; or (c) the average height between the eaves and ridge for gable, hip Nog and gambrel roofs. • 37. Home Occupation - Any occupation conducted entirely within a r Imo dwelling unit and carried on by an occupant thereof, which occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof. L: . 38. Hospital - A building or group of buildings, having room facilities for one or more overnight patients, used for providing services r.: . for the in-patient medical or surgical care of sick or injured humans, and which may include related facilities such as labora- Ltories, out-patient departments, training facilities, central service facilities, and staff offices; provided, however that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations. 39. Hotel - A building in which lodging, or boarding and lodging, L is provided and offered to the public for compensation, and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all times. As such, a hotel is open to the public, in contradistinction to a boarding or lodging house, apartment hotel or multiple dwelling. frftLi 40. Living Area - The minimum floor area of dwelling as measured by its outside dimensions exclusive of carports, porches, sheds, and attached garage.I:: . 41. Loading Space, Off-Street - Space logically and conveniently I:: located for bulk pickups and deliveries, scaled to delivery -137- riv-1 vehicles expected to be used, and accessible to such vehicles ' Mow when required off-street parking spaces are filled.. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. rim 42. Lodging House - Same as Rooming House. 43. Lot - For purposes of this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of: illorn (a) A single lot of record; (b) A portion of a lot of. record; (c) A combination of complete lots of record, of complete lots P of record and portions of lots of record, or of portions of lots of record; • (d) A parcel of land described by metes and bounds; provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the re- quirements of this ordinance. 44 . Lot, Corner - A lot located at the'intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from - the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. 45 . Lot Dimensions - (a) Depth - of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in t:2,2 rear. -13Q- (b) Width - of a lot shall be considered to be the distance NMI between straight lines connecting front and rear of the re- quired front yard, provided however, that width between side lot lines at their foremost points (where they inter- sect with the street lines) shall not be less than 80 percent of the required lot width except in the case of lots on the turning circle of culs-de-sac, where the 80 percent requirement shall not apply; provided, however, that all lots shall have a minimum of 25 feet facing a street. err 46. Lot,• Frontage - The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner and through lots, all yards of a lot adjacent to a street shall be considered frontage. 47. Lot, Interior - A lot other than a corner lot with only one frontage on a street. 48• 'Lot Line - The boundary line of a lot. 49. Lot of Record - A lot whose existence, location and dimension have been legally recorded or registered in a deed or on a plat prior to the effective date of this ordinance. 50. Lot, Reversed Frontage - A lot on which the frontage is at right angles or approximately right angles (interior angle less than 135 degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot or a through lot. 51. Lot, Through - A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as a double frontage lot. 52. Major Recreational Equipment - Boats and boat trailers, travel trailers, pickup cLinpers or coaches (designed to be mounted on automotive vehicles) , motorized dwellings, tent trailers, and the like, and cases or boxes used for transporting recrea- tional equipment, whether occupied by such equipment or not. 53. Marina - A place for docking boats or providing services to boats and the occupants thereof, including servicing and repair to boats, sale of fuel and supplies, and provision of food, -139- beverages, and entertainment as accessory uses. A yacht club Imo shall be considered as a marina, but a hotel, motel, or similar use, where docking of boats and provision of services thereto, • is incidental to other activities shall not be considered as a marina, nor boat docks accessory to a multiple family dwelling where no boat-related services are rendered. • •� 54 . Motel - A building in which lodging,g, or boarding and lodging, are provided and offered to the public for compensation. As such, it is open to the public in contradistinction to a boarding or lodging house, or a multiple family dwelling; same as a hotel, except that the buildings are usually designed to serve tourists traveling by automobile, ingress to rooms need INN not be through a lobby or office, and parking usually is adjacent to the dwelling unit. 1111101 55. Motor Travel Home - A self-propelled vehicle containing living facilities and customarily used for camping or recreational uses. iw 56. Net Residential Acre - The horizontal acreage of a lot or lots devoted exclusively to residential uses and their appurter.ant ins accessory uses. Such area shall include the building site, recreation areas, open space, swimming pools, parking, drives, setback areas and the like. Net residential acreage does not include areas used for non-residential purposes, streets, waterways, offices, golf courses, or any other use not developed for the exclusive use of the property's residents. L • 57. Non-Conformity - Any lot, use of land, use of structure, use of structure and premises or characteristics of any use which was lawful at the time of enactment of this ordinance- but which lor does not conform with the provisions of the district in which it is located. 58. Occupied - The use of a structure of land for any purpose, in- cluding occupancy for residential, business, industrial, manu- facturing, storage, and public use. -14u- * 59. Patio _ See paragraph 81 Terrace. 60. Parking Space, Off-Street - For the purposes of this ordinance, I:: _ the term "off-street parking space" shall consist of a minimum paved area of 200 square. feet with minimum dimensions of 10 feet by 20 feet for parking an automobile, exclusive of access drives or aisles thereto. IC: 61. Planned Unit Development - Planned Unit Development is an area of land developed as a single entity, or in approved stages in conformity with a Final Development Plan by a Developer or group of Developers acting jointly, which is totally planned to provide for a variety of residential and compatible uses and common open space. L62. Preliminary Application - Preliminary Application is the appli- cation for approval of the use of a site as a Planned Unit De- velopment special exception and for approval of the required I:: exhibits as specified in this Ordinance. 63. Preliminary Development Plan - Preliminary Development Plan is the development plan approved by the Council and filed with the City Clerk in conjunction with approval by the City of a Planned Unit Development special exception. 64 . Principal Use or Structure - A building in which is conducted the principal use of the lot on which it is situated. In a - residence district any dwelling shall be deemed to be the principal building on the lot on which the same is situated. L An attached carport, shed, garage, or any other structure with one or more walls or a part of one wall being a part of Li the principal building and structurally dependent, totally or in part, on the principal building, shall comprise a part I: of the principal building and be subject to all regulations applied to the principal building. A detached and structurally I:: * As amended 3/7/72 -141- independent carport, garage, or other structure shall conform to the requirements of an accessory building. A detached and structurally independent garage, carport., or other structure Itati conforming as an accessory building may be attached to the principal building by an open breezeway not to exceed six (6) 1r feet in width. A connecting breezeway in excess of six (6) feet and enclosed on one or both sides, including louvers, lattice or screening, shall cause the entire structure to be construed as the principal building and shall be subject to the regulations applicable to the principal building. 65 . Public Use - Any use of land or structures owned and operated by a municipality, county, state or the federal government or any agency thereof and for a public service or purpose. 66. Required Yard - The open and unencumbered space required to be between any lot line and the nearestncsipal a art of principal p p building. See Yard. 67 . Residential District - The R-1, R-2, or R-3 Dstrict. 68 . Restaurant - Any building or structure or portion thereof, • 'in which food is prepared and served for pay to arty person not residing on the premises. 69 . Rooming House - A building other than an apartment hotel • hotel, motel or motor lodge where, for compensation and by prearrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more persons a but not exceeding 20 persons. 70. Service Station - Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail, and where in addit'.on the Lel following services may be rendered and sales made, and no other: (a) Sale and servicing of spark plugs, batteries, and Fij -142- distributors and distributor parts; (b) Tire servicing and repair, but not recapping or regrooving; (c) Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and •wiper blades, grease 1:: retainers, wheel bearings, mirrors, and the like; (d) Radiator cleaning and flushing; (e) Washing and polishing, and sale of automotive washing and polishing materials; {f) Greasing and lubrication; Uri (g) Providing and repairing, fuel pumps, oil pumps and lines; (h) Minor servicing and repair of carburetors.; (i) Emergency wiring repairs; (j) Adjusting and repairing brakes; (k) Minor motor adjustments not involving removal of the head or crankcase or racing the motor; (1) Sales of cold drinks, package foods, tobacco, and similar convenience goods for service station customers, as accessory and incidental to principal operation; (m) Provision of road maps and other informational material to customers; provision of restroom facilities; (n) The rental of moving or travel trailers. Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in service stations. A service station is not a major repair EN: garage nor a body shop. -143- r 71. Sign - Any device to inform or attract the attention of persons NMI not on the premises 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 numbers, post box numbers, names of occupants of premises, or other identification of premises not having r commercial connotations; (b) Flags and insignia of any government except when'Idisplayed in connection with commercial promotion; (c) Legal notices, identification; informational, or directional :. signs erected or required bys; q governmental bodies, (d) Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights; W (e) Signs directing and guiding traffic and parking on private property, but bearing no advertising matter. • 72 . Signs, Number and Surface Area - For the purpose of deteririning number of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, of where there is reasonable doubt 'about the relationship of elements, each element shall be considered to be a single sign. The surface area of a sign shall be computed as including the entire area within a regular geometric form comprising all 6w of the display area of the sign and including all the elements of the matter displayed. Structural members not bearing advertising matter shall not be included in computation of surface area. 73. Sign, On-Site - A sign relating in its subject matter to the premises on which it is located, or to products, accommodations, services, or activities-orn4the premises. On-site signs do not Linclude signs erected by the outdoor advertising industry in the conduct of the outdoor advertising business. 74 •. Sign, Off-Site - Asign other than an on-site sign. L - 75 . Special Exception A special exception is a use that would not be appropriate generally or without restriction through- out b- out the zoning division or district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare. Such uses may be permitted in such zoning district as special exceptions. 76. Stage- A stage is specified portion of the Planned Unit Develop- ment that may be developed as an independent entity that is de- lICineated in the Preliminary Development Plan and the Final De- velopment Plan, and specified within the Development Schedule. I:: 77 . Story - That portion of a building included between the upper surface of anyfloor and the upper surface of the floor next above, or any portion of a building used for human occupancy between the top-most floor and roof. A basement L or cellar not used for human occupancy shall not be counted as a story. 78 . Street - In addition to the definition contained in Chapter I y hereof, a street for the purposes of this section shall be a public or private right-of-way set aside for public travel L which is thirty (30) feet or more in width. (a) Street Right-of-Way Line - The property line which bounds the right-of-way set aside for use as a street. Where sidewalks exist aid the exact location of the right-of-way is unknown, the side of the sidewalk farthest from the centerline of the traveled street shall he considered as right-of-way line. -145- (b) Street. Centerline - The midpoint between the street right- b) of-way_, or the surveyed centerline of the street. 79, Swimming Pool - Any portable Pool or permanent structure re ecn- taining a body of water 18 inches or more in depth and 250 Obi square feet of surface area or more of water service area, • intended for recreational purposes, including a wading pool, Igo but not including an ornamental reflecting pool or fish pond or other type of pool regardless of size, unless is located • and designed so as to create a hazard or be used for swimming ! or wading. ikon 80. Tent - A collapsible shelter of canvas or other material used for camping or recreational uses. * ei Terrace - An open space adjacent to the principal building on one or two sides, prepared with a hard, semi- hard, or improved surface, and uncovered, for the purpose of outdoor living. 82 . Tourist and Transient Living Accommodations - Any place wherein tourists, transients, travelers, or persons desiring temporary ' residence may be provided with sleeping, sanitary or cooking facilities. • 83, Townhouse - A one family dwelling unit of a group of three iime or more such units separated by adjoining fire walls, or fire walls separated by a space of not more than six (6) inches. 84, Total Floor Area or Gross Floor Area - The areas of all floors of a building, including finished attics, finished basements and all covered areas, including porches, sheds, carports and garages. •,t AS. Arlan riaA /7/7% -146- L 85. Trailer Park - An area duly licensed by the City of Cape y Canaveral and approved by the Florida State lbw Board of Health which is designed, constructed, equipped, operated and maintained for the purpose r of providing space for and otherwise servicing 1:: trailers. 86. Travel Trailer - A vehicular, portable structure having no foundation other than wheels, jacks or blocks, designed to be used as a temporary dwelling unit for travel, recreational and vacation uses, which (1) is identified on the unit or classified by the manufacturer as a travel trailer; and (2) is not more than twenty-nine feet in body length. 87. Vacant - A building or parcel of land which is neither occupied nor used or is in a nonoperative state for a period of six months. 88 . Variance - A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions LI of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height, area, size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non-conformities in the zoning district or used in an adjoining toning district. L -147- 89. Wall - A structure forming a physical barrier which is so ilrw , constructed that less than 50 percent of the vertical surface is open to permit the transmission of light, air, and vision through such surface in a horizontal plane. 90 . Yard - A a required open space on the same lot with q p p principal Imm building which is unoccupied and unobstructed by buildings from the ground upward except as otherwise provided in this bag section. (a) Front Yard - The required yard extending across the entire width of the lot between the front lot line and the nearest part of a principal building, including covered porches, Ir sheds, carports. (b) Side Yard - The required yard extending along the side lot Itr� line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building, including covered porches, sheds, carports, Imo garages, and storage areas. • (c) Rear Yard . - The yard extending across the entire width of lot between the rear lot line and the nearest part of the principal building, including covered porches; sheds, car- ports, garages and storage areas. For the purpose of determining rear yard requirements on corner and through lots, the rear yard shall be considered to be that portion of the lot (other than the front yard) which is parallel to the street on which the address of the structure is estab- lished. L L -148- r.: XXV. EFFECTIVE DATE 1 The provisions of this ordinance shall become effective 1:: immediately upon its adoption. ` c Passed and approved this 4th day of August, 1971, A. D. ill ---%. , 0 $ l. ,--. L \ George rirkins, `Jr. Mayor L 62.-6 Anita Osti7Om City Clerk Ihi First reading: July 20, 1971 Posted: July 21, 1971 r.. Second reading: August 3 and 4, 1971 Posted: August 11, 1971 L Approved as to form: LI Stanley Wol an City Attorne L L. I.. -149- ® APPENDIX A access 103 ' • accessory structures102 administration review 108,110 • aircraft manufacture M3 • 54 t amendments • 124 . amusement, commercial Ti 43 annexed land 10 antennas C1,C2,M1,M2,M3 35,48,51, 103 antique shop T1,C1,C2 44 III apparel T1,C1,C2 44,45 area and dimension regulations 22,25,27,31, 37,42,45,4 ', art gallery • 52,55 T1,C1,C2 44,45 assembly,places of 85 atomic energy I 107 auditorium 85 automobiles 02 40 ® ' automobile rental T1,C2,M3 44,45,50 automobile wrecking yard 48,52 automotive ti2,M3 50 B balcony 101 • ® bank C1,C2,T1 34 barber shop Cl,C2 33 bathhouses R1A,R1,R2,R3 20,23 beauty shop Ci,C2 33 belfries 103 ® belt courses 101 board of adjustment 108,113-123 • boarding house R3 87 bait T1,C1,C2 45 -149- h 1:: . • 1:: body shop M2, M3 50 bottling plant M2, M3 50 bowling C1 C2 Tl 3.4,43 1:: building 108-112 114,115,123 building material supply M2,M3 50 12 building official 59,92,105, 108-112 building permit 108-112 I:: building setback lines 99,100 broadcasting towers Cl,C2,Ml, 35,48,51 M2,M3 103 I:: !C Cl District 33 C2 District 39 canopy 101 cannery M2 54 certificate of occupancy 110-112 E chimney 101,103 church C1,C2,R1A 21,24,34 .R1,R2,R3 48,52,85 I:: city clerk 62,113,122 city council 60,61,65, 66,113 I: 123-126 city manager 108 clinic C].,C2,M1,M2 29,34,43 C . M3,R3, Ti 47,86 club CI,C2,R2 27,30,34 R3, T1 • 43,48,52 86 I:: coffee shop T1,Cl,C2 30,44,45 commercial buildings 85 commercial development, planned Cl,C2 37,79 I:: concrete plant M3 54 • confectionary T1,C].,C2 30,44,45 conflicting ordinances 4 I:: contractors storage yard M2,M3 50 I:: , -150- I:: convalescent home R2,R3,T1 27,30,44 C1,C2 86 b courtesy notice 116,119 ,. 125 courts * 104• cultural facility .' Cl,C2,R2 27,30,34 art R3 cupolas 103 r • atm D dai.ry products M2,M3 - 50 ilit. — data processing Ml,M2,M3 47 R3,C1,C2 delicatessen T1,C1,C2 30,44,45 r ' ' definitions 131 hut district boundary change. 124-127 district boundaries, interpretation 6. r . district regulations, application 9 INK drinking establishment C1,C2,T1 30,34,43 44 L; ' driving range Cl,C2 34,43 drug store . T1,Cl,C2 30,44,45 dry cleaninCl,C2,M2 44,45,50 ,E • M3,T1 irni dry dock M2,M3 50 dwelling, multiple family R2,R3,T1 21,26,29 43 dwelling, single-family R1A,R1,R2' 20,23,25 Nil R3 dwelling, two-family R2,R3 21,26,29 ' . eating establishment Cl,C2,T1 30,34,43 44,86 effective date 148 L electrical machinery M1,M2,M3 50 electromagnetic radiation . 97 explosion 97 La . . F fees 127 ,.ii fence 101,103 financial institution C1,C2,T1 34,43 E: , -151- II:-; fire 97 1:: fire escape 10.1 fireplace 101 fishing pier Ti 45 fishing tackle T1,C1,C2 45 florist Tl,Cl,C2 44,45 food processing M3 54 IC food shop T1,C1,C2 44,45 freight handling • M2,M3 51 fumes - 95 Efuneral home C1,C2 34 • furniture factory M3 54 furrier T1,C1,C2 44,45 I:: . G gift ship T1,C1,62 44,45 glare 96 golf course R1A,R1,R2 21,24 R3,C1,C2 60 government institution R3,C1,C2 27,30 government offices R3,Cl,C2,T1 29,30 greenhouse R1A,R1,R2,R3 20,24 R3,C1,C2 I:: guest cottage C1,C2,R3 33 L H hedge 101,103 home occupation R1,R2,R3 21,24,26 30,90 Lhospital Cl,C2,R2 27,30,34 R3,T1 44 I:: hotel C1,C2,T1,R3 33,43 I:: . L -152- L f I ice cream shop T1,C1,C2 44,45 • industrial development, planned Ml,M2,M3 48, 51,81 iron,foundries M3 54 • institution, educational • T1,C1,C2 44 1 instrumentation Ml,M2,M3 -47 i intersections • 103 J jewelry T1,C1 ,C2 44,45 gri junk yard 48,52 rail K kindergarten R2,R3,T1, 27,30,87 ..... C1,C2 . . L rr laboratory - C1,C2,Ml 33,47 M2,M3 land, non-conforming 14 . laundromat T1,C1,C2 44,45 laundry Cl,C2,M2 30,33,44 M3,T1 45,50 library R1A,R1,R2 21,24,86 • it R3,C1,C2 light manufacturing . Ml,M2,M3 47,50 L • lighting 96 liquified petroleum storage M3 52,5.E f loading 85 ' E . lodge _ 86 lodging house R3 29,52 lots, non-conforming 12 luggage store T1,C1,C2 44,45 J 1 M t M1 District 47 • ' major recreational equipment M2,M3,C2 50,104,138 I0 manufacturing • Ml,M2,M3 37,41,47 50,54,86 manufacturing, general M3 54 10 map, official 4 map, replacement • 6 • i -153.--_ _�► :J1: . i ri.: map, zoning 4 marquee 101 marina30,41,138 L millinery Tl,C1,C2 ` 44,45 minimum requirements .128 mobile hone park R2 21,26,146 1:: mobile home, sales & rentals C2,M2,M3 40,50 mortuary Cl,C2 34,86 motel • C1,C2,T1,R3 33,43,48 L - 52,29 museum 86 N newsstand T1,C1,C2 30,44,45 non-conforming lots 13 L; • 4 . non-conforming structures 15 . non-conforming uses of land 14 non-conforming uses of structures and land 16 I:: . non-conformities 12,111,119 noise 93 nursery, botanical Cl,C2,R1A, 20,24,34 I:: R1,R2,R3,M2 43 nursery, child R2,R3,C1,C2 27,30 nursing home R2,R3,T1,Cl,C2 27,30,44 LI 86 O • 1:: odor 95 office, government Cl,C2,T1,R3, 29,34 • Ml,M2,M3 1:10 offices, general C1,C2,M1,M2 30,33,47 M3,M2,R3,T1 43,86 offices, professional Cl,C2,R3,T1 29,33 Ml,M2,M3 LO outside display C2 40 1:1: • L . -154- P paint shop .M2,M3 50 Iwo park. C1;C2,R1A 30,34,43 T1,R1,R2,R3 parking lots Cl,C2,R3,T1 29,34,43 `" parking, off-street . 85 parish house R1A,R1,R2 21,24 R3 iimu particulate matters 94 penalties 130 performance standards 92 LO ' ; piers, non-commercial R1A, f:2 20,23 • R3 Low pilaster 101 photographic studio T1,C1,C2 44,45 planned development -56_t,4 rrrr platform 102 porch 102 • printing • M2,M3 50 r public hearing 61,114, himo 116, 119 125,126 . Lir public uses 21,24,27 30,34,35 48,51 purpose 1 { limm R 1 Rl District 23 , R1A District 20 Yium R2 District 26 • R3 District 29 radiation 97 Imo radio, studio Ml,M2,M3 35,43,51 Cl,C2 • 1:m recreation, commercial Cl,C2,T1 34,43 recreation, outdoor T1,C1,C2 44 • recreational equipment, major C2,M2,M3 50,104, Imo 138 repair, automobile M2,M3 41,50 I:: . -155- research Ml,M2,M3 47 irl f am residential 86 residential development, planned R1,R2,R3 24,26, 56-78 I:: ' restaurant - Cl,C2,T1 86 restorium Cl,C2,R2,R3 34 retail store Cl,C2 33 L rooming house R3 87 S • L ' . salvage yard 48,52 . school Cl,C2,R1A 21,24,34 R1,R2,R3 52,87 I:: school, business Cl,C2 33 school, trade C1,C2,M1,M2 37,51 school, vocational •• CL,C2,M1,M2 37,51 1:A. scrap yard 48,52 separability clause 130 ri: service, business C2,M1,M2,M3 39 service, personal Cl,C2 30,33,44 • service, repair C1,C2,M2,M3 34,43,50 service station C1,C2,M2,M3 35--37,51 I:: sewage disposal 106 sills 101 I:: shoe store T1,C1,C2 44,45 smoke 94 special exception 21,24,26 L 30,35,43. 44,48,51 54,108 115-118 LI, ' spires 103 sporting goods T1,Ci,C2 43,45 steel fabrication M2 53 I:: . structures, non-conforming 15 studio Cl,C2,M1 29,33,43 M2,R3,Tl,M3 48,51 sundry shop 30 swimming pools C1,C2 10x,107 La . -156- /o00r T Ti District 43 tailor C1;C2 33 television, studio C1,C2,M1 • 35,48,51 L M2,M3 temples R1A,R1,R2, 85 R3,C1,C2 tennis R1A,R1,R2 21,24 R3,C1,C2 mm terrace 102 theater Cl,C2,T1 34,43,85 title 4 tire recapping M2,M3 50 townhouse R1,R2,R3 21 townhouse, development R1,R2,R3 56.70 iow toxic gas .95 toy factory M3 54 Imo • U • LO upholstery M2,M3 50 . uses, non-conforming 16 utility, public C1,C2,Ml,M2 21,24,35 R1A,R1,R2 48,51 L ' .•'.- R3,T1 V vapor 95 1r variance 108, 118-120 # ventilators 103 veterinary hospital Cl,C2,M2,M3 35,51 vibration95,96 P violation 130 iwi visual screens 105 w wall 101,103 • warehouse M2,M3 50 tr warehousing 1 37,41,50 Iwo Lir -157- a water areas • 105 ht. water. tanks. • • 103 welding M2,M3 50 wholesaling C2,Ml,M2 '39,50 Wmil` wigshop P T1,C1,C2 43,45 Y urs yard encroachments 101 z �rrr zoning and planning board 56,59, . 60-62,65 69,116 119,120 124-126 err o • Ilr.r irrir i NNW Mow -158- /6 4 / '7 V -7"2q9 s<-2-0 )29y