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HomeMy WebLinkAboutOrdinance No. 10-1975r7-7 .Pe MICROFILMED ORDINANCE NO. 10 -75 AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONIHG REGULATIONS FOR THE CITY OF CAPE CANAVERAL, FLORIDA AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF, IN ACCORDANCE WITH THE PROVISIONS OF FLORIDA STATUTES, AND THE CHARTER OF THE CITY OF CAPE CANAVERAL, AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH. THE ORIGINAL FIRST EDITION IS FOLLOWING ON MICROFILM. FIRST EDITION HAS BEEN AMENDED BY THE FOLLOWING: ORDINANCE NO. 29 -75 PASSED ON 3 -9 -76 ERRATA SHEET 5 -14 -76 ORDINANCE NO. 17 -76 PASSED ON 9 -27 -76 ORDINANCE NO. 24 -76 PASSED ON 1 -18 -77 ORDINANCE NO. 10 -77 PASSED ON 6 -21 -77 ORDINANCE NO. 14 -77 PASSED ON 10 -4 -77 ORDINANCE NO. 21 -77 PASSED ON 2 -7 -78 ORDINANCE NO. 1 -78 PASSED ON 2 -21 -78 ORDINANCE NO, 2 -78 PASSED ON 2 -21 -78 ORDINANCE NO. 3 -78 PASSED ON 3 -4 -78 ORDINANCE NO. 8 -78 PASSED ON 6 -6 -78 ORDINANCE NO. 10 -78 PASSED ON 6- 20 -78 ORDINANCE NO. 19 -78 PASSED ON 12 -5 -78 ORDINANCE NO. 21 -78 PASSED ON 2 -6 -79 ORDINANCE N0, 3 -79 PASSED ON 4 -3 -79 ORDINANCE NO. 8 -79 PASSED ON 7 -3 -79 ORDINANCE NO. 10 -79 PASSED ON 8 -7 -79 _ 1 MICROFINPED 3.14.80- City of Cape Canaveral 105PGLKAVENUE . CAPE CANAVERAL. PLOOIOA]2920 TELEPHONE 300 ]0].1100 ERRATA SHEET ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA'. Please make the following corrections to your copy of the Zoning Ordinance, Chapter 630, Code of the City of Cape Canaveral, Florida: Chapter 637.87 (Page 32(a) ) .Delete all of sub- paragraph "G" Renumber sub - paragraph "H" to "G" Chapter 638.07 (Page 40 a) Delete all of sub - paragraph "G" Renumber paragraph "H" to "G'1 First Errata Sheet May 14, 1976 K I • MICROFILMED 3.14.80 -y ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA INDEX SECTION /S ZONING REGULATIONS. ESTABLISHMENT AND PURP= 630. PURPOSE 630.01 REPEAL OF CONFLICTING ORDINANCES 630.03 SHORT TITLE 630.05 ZONING DEFINITIONS 631.01 ESTABLISHMENT OF DISTRICTS AND PROVISION FOR OFFICIAL ZONING MAP 633. OFFICIAL ZONING MAP 633.01 REPLACEMENT OF OFFICIAL ZONING MAP 633.03 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES 633.05 APPLICATION OF DISTRICT REGULATIONS 635. CONFORMITY WITH REGULATIONS 635.01 STRUCTURE HEIGHT. MAXIMUM UNITS, LOT AREA PERCENTAGE, SETBACKS - 635.03 SETBACK, OPEN SPACE, PARKING, LOADING ' REQUIREMENTS FOR ADDITIONAL BUILDINGS 635.05 DIMENSION OR AREA REDUCTION BELOW MINIMUM REQUIREMENTS 635.07 _ REGULATIONS ARE MINIMUM: UNIFORMLY APPLIED 635.09 LOT AND STREET REQUIREMENTS FOR STRUCTURES 635.11 ZONING CLASSIFICATION OF ANNEXATIONS 635.13 UNUSUAL USES OR USES NOT SPECIFICALLY PERMITTED 635.15 SCHEDULE OF DISTRICT REGULATIONS 637. R -1: SINGLE FAMILY RESIDENTIAL DISTRICT 637.01 PRINCIPAL USES AND STRUCTURES 637.03 ACCESSORY USES AND STRUCTURES 637.05 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 637.07 PROHIBITED USES AND STRUCTURES 637.09 AREA AND DIMENSION REGULATIONS 637.11 OFF- STREET PARKING AND ACCESS 637.13, 639.49C MICROFILMED 3.1480 PACE 2 SECTION /S R -2: ONE. TWO AND MULTIPLE FAMILY DWELLING DISTRICT 637.21 PRINCIPAL USES AND STRUCTURES 63723 ACCESSORY USES AND STRUCTURES 637..25 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 637.27 PROHIBITED USES AND STRUCTURES 637.29 AREA AND DIMENSION REGULATIONS 637.31 OFF- STREET PARKING AND ACCESS 637.33, 639.496 R -3: MULTIPLE FAMILY DWELLING DISTRICT 637.41 PRINCIPAL USES AND STRUCTURES 637.43 ACCESSORY USES AND STRUCTURES 637.45 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 637.47 PROHIBITED USES AND STRUCTURES 637.49 AREA AND DIMENSION REGULATIONS 637.51 MINIMUM BREEZE REQUIREMENT 637.53 MAXIMUM LENGTH OF ANY BUILDING IN A NORTH /SOUTH DIRECTION 637.55 LANDSCAPING 637.57 MINIMUM OPEN SPACE AREA REQUIREMENTS 637.59 OFF- STREET PARKING AND ACCESS 637.60, 639.496 MH -1:; SINGLE FAMILY MOBILE HOME DISTRICT 637.61 PRINCIPAL USES AND STRUCTURES 637.63 ACCESSORY USES AND STRUCTURES 637.65 ATTACHED STRUCTURES 637.67 SPECIAL EXCEPTIONS 637.69 PROHIBITED USES AND STRUCTURES 637.71 AREA AND DIMENSION REGULATIONS 637.73 OFF- STREET PARKING 637.75 SIDEWALKS 637.76 DEVELOPMENT STANDARDS 637.77 NON - CONFORMITY 637.78 PERMIT 637.79 C -1: LOW DENSITY COMMERCIAL DISTRICT 637.81 PRINCIPAL USES AND STRUCTURES 637.83 ACCESSORY USES AND STRUCTURES 637.85 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 637.87 PROHIBITED USES AND STRUCTURES 637.89 AREA AND DIMENSION REGULATIONS 637.91 • LANDSCAPING AND SCREENING 637.93 OFF- STREET PARKING AND ACCESS 637.95 �7 • , 3.14.80 MICRDFJLMED PAGE 3 . SECTION /S C -2: GENERAL COMMERCIAL DISTRICT 638.01 PRINCIPAL USES AND STRUCTURES 638.03 ACCESSORY USES AND STRUCTURES 638.05 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 638.07 PROHIBITED USES AND STRUCTURES 638.09 AREA AND DIMENSION REGULATIONS 638.11 LANDSCAPING AND SCREENING 638.13 OFF- STREET PARKING AND ACCESS 638.15 T -1: TOURIST DISTRICT 638.21 PRINCIPAL USES AND STRUCTURES 638.23 ACCESSORY USES AND STRUCTURES 638.25 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 638.27 PROHIBITED USES AND STRUCTURES 638.29 AREA AND DIMENSION REGULATIONS 638.31 LANDSCAPING AND SCREENING 638.33 • OFF- STREET PARKING AND ACCESS 638.35 M -1: LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT 638.41 PRINCIPAL USES AND STRUCTUTES 638.43 ACCESSORY USES. AND STRUCTURES 638.45 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 638.47 PROHIBITED USES AND STRUCTURES 638.49 AREA AND DIMENSION REGULATIONS 638.51 LANDSCAPING AND SCREENING 638.53 PERFORMANCE STANDARDS 638.55 - PARKING AND LOADING 638.57 M -2: LIGHT INDUSTRIAL AND WAREHOUSING DISTRICT 638.61 PRINCIPAL USES AND STRUCTURES 638.63 ACCESSORY USES AND STRUCTURES. 638.65 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 638.67 PROHIBITED USES AND STRUCTURES 638.69 AREA AND DIMENSION REGULATIONS 638.71 LANDSCAPING AND SCREENING 638.73 PERFORMANCE STANDARDS 638.75 PARKING AND LOADING 638.77 0 is MICROFILMED 3.14.80 PAGE 4 'l SECTION /S M -3: GENERAL INDUSTRIAL DISTRICT 638.81. PRINCIPAL USES AND STRUCTURES 638.83 ACCESSORY USES AND STRUCTURES 638.85 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 638.87 PROHIBITED USES AND STRUCTURES 638.89. AREA AND DIMENSION REGULATIONS 638.91 LANDSCAPING AND SCREENING 638.93 PERFORMANCE STANDARDS 638.95 PARKING AND LOADING 638.97 OFF- STREET PARKING REGULATIONS 639.01 OFF- STREET LOADING 639.03 HOME OCCUPATIONS 639.05 PERMITTED HOME OCCUPATIONS 639.07 HOME OCCUPATION REQUIREMENTS 639.09 OCCUPATIONAL LICENSE REQUIRED 639.11 GARAGE SALES 639.12 PERFORMANCE STANDARDS 639.13 APPLICATION OF PERFORMANCE STANDARDS 639.15 ADMINISTRATION AND ENFORCEMENT OF PERFORMANCE STANDARDS 639.17 NOISE STANDARDS 639.21 SMOKE AND PARTICULATE MATTER STANDARDS 639.23 ODOR STANDARDS 639.25 TOXIC, CASES, FUMES, VAPORS AND MATTER 639.27 VIBRATION STANDARDS 639.29 CLARE AND LIGHTING STANDARDS 639.31 ELECTROMAGNETIC RADIATION 639.33 HEAT AND HUMIDITY 639.35 FIRE AND EXPLOSION 639.37. RADIATION HAZARDS 639.39 STREAM POLLUTANTS 639.41 SUPPLEMENTARY DISTRICT REGULATIONS 639.43 BUILDING SETBACK LINES 639.45 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT 639.47 SETBACK ENCROACHMENTS 639.49 ACCESSORY STRUCTURES 639.51 VISIBILITY AT INTERSECTION 639.53 FENCES, WALLS AND HEDGES 639.55 EXCEPTIONS TO HEIGHT REGULATIONS 639.57 MICROFILMED 3.14.80 • PAGE 5 SECTION /S SUPPLEMENTARY DISTRICT REGULATIONS (CONT'D) STRUCTURES TO HAVE ACCESS 639.59 LOCATION OF RECREATIONAL AND CAMPING EQUIPMENT FOR LIVING OR OCCUPANCY PURPOSES 639.61 LIVING ABOARD BOATS 639.62 PARKING AND STORAGE OF CERTAIN VEHICLES 639.63 MINIMUM WIDTH OF COURTS 639.65 WATER AREAS 639.67 LANDSCAPING AND SCREENING FOR COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS 639.69 SEWAGE DISPOSAL 639.71 SWIMMING POOLS AND ENCLOSURES 639.73 VEHICULAR USE AREAS 639.75 ATOMIC ENERGY USES 639.77 BUILDING REQUIRED 639.79 SIDEWALKS REQUIRED 639.81 DEDICATED PUBLIC LAND 639.87 SCHEDULE OF SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 641. ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES 641.01 LEGALLY ESTABLISHED NON - CONFORMING LOTS, NON- CONFORMING STRUCTURES AND NON - CONFORMING USES 643. INTENT 643.01 NON - CONFORMING LOTS OF RECORD 643.03 NON- CONFORMING STRUCTURES 643.05 NON - CONFORMING USES 643.07 REPAIRS AND MAINTENANCE 643.09. STRUCTURES AND USES APPROVED BY SPECIAL EXCEPTION 643.11 VARIANCE - 643.13 TEMPORARY USES 643.15 ADMINISTRATION AND ENFORCEMENT - BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY, 645. ADMINISTRATION AND ENFORCEMENT 645.01 BUILDING PERMITS REQUIRED 645.03 S APPLICATION FOR BUILDING PERMIT 645.05 Ll MICROFILMED 3.14-80 .r.... . s PAGE 6 SECTION /S CERTIFICATE OF OCCUPANCY REQUIRED 645.07 TIMES AND CONDITIONS OF BUILDING PERMIT 645.09 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS AND CERTIFICATES OF OCCUPANCY 645.11 BOARD OF ADJUSTMENT: ESTABLISHMENT AND PROCEDURE 645.13 PROCEEDINGS OF THE BOARD OF ADJUSTMENT 645.15 BOARD OF ADJUSTMENT: POWERS AND DUTIES 645.17 ADMINISTRATIVE REVIEW 645.19 SPECIAL EXCEPTIONS: CONDITIONS GOVERNING APPLICATIONS; PROCEDURES 645.21 WRITTEN FINDINGS: VIOLATION OF SAFEGUARDS 645.22 VARIANCES: CONDITIONS GOVERNING APPLICATIONS; PROCEDURES 645.23 APPLICANTS 645.25 DECISIONS OF THE BOARD OF ADJUSTMENT 645.27 RECONSIDERATION OF ADMINISTRATIVE 645,28 REVIEW, SPECIAL EXCEPTION OR VARIANCE APPEALS FROM THE BOARD OF ADJUSTMENT 645.29 ZONING ORDINANCE INTERPRETATION AND ENFORCEMENT 645.31 SCHEDULE OF FEES, CHARGES AND EXPENSES 645.33 PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIREMENTS 645.35 COMPLAINTS REGARDING VIOLATIONS 645.37 PENALTIES FOR VIOLATION 645.39 SEPARABILITY CLAUSE 645.41 I0 r _ MICROFILMED 3.14.80 PAGE. 7 SECTION /S AMENDMENTS 647, PROCEDURE 647.01 LIMITATIONS 647.03 RECONSIDERATION OF DISTRICT BOUNDARY CHANGES 647.05 INCORPORATION OF ZONING ORDINANCE IN A CODE PROVIDED 647.07 '' MICROFILMED 3.14.80 • C30 TONING REGULATIONS ,• , FLORIDA An ordinance establishing crnprehensive zoning regulations for the City of Cape Canaveral, Florida, and providing for the administration, enforcanent and amendmnt thermf, in accordance with the provisions of Florida Statutes, and the Charter of the City of Cape Canaveral, and for the repeal of all ordinances in conflict herewith. 630.01 PURPOSE WHR EAS Florida Statutes and the Charter of City of Cape Canaveral empower the City to enact a zoning ordinance and to provide for its administration, enforcement and amendment, and WHEREAS the City Council deems it necessary for the purpose of prorating the health, safety, corals and general welfare of the City to enact such an ordinance, and WHEREAS the City Council pursuant to the provisions of Florida Statutes, has appointed a Planning and Zoning Board to reaanmend the boundaries of the various original districts and appropriate regulations to be enforced therein, and MMEA5 the Pi=ning and Zon?^a Board has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets, to secure safety from fire, panic, and other dangers; to pramte health and the general welfare; to provide adequate light and air; to prevent the over- crowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements, and WHEREAS the planning and Zoning Board has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the frost appropriate use of land throughout the Kricipality, and WHEREAS the planning and Zoning Board has made a preliminary report and held public hearings thereon, and submitted its final report to the City Council, and WHEREAS the City Council has given due public notice of hearings relating to zozoning districts, regulations and restrictions, and has held public hearings, 0 `J MICROFILMED 3.14-80 (2) 630.01 Cont. WHEREAS all requirements of Florida Statutes, with regard to the preparation of the report of the Planning and Zoning Board and subsequent action of the City Council has been met; =4 TiBREFORE BE IT ORMMED BY IM PEOPLE OF WE CITY OF CAPE CAN M AL, FLORIDA: 630.03 REPEAL OF CMELICM4G ORDIWNCES Ordinance No. 12 -71 of the City of Cape Canaveral, as amended, is hereby abolished and reppea ed, and all other City ordinances, resolutions, or general laws, or any part thereof, in conflict with any provisions of this ordinance are hereby abolished and repealed. 630.05 SHORT TITLE This ordinance shall be known and may be cited as "The Zoning Ordinance of the City of Cape Canaveral, Florida ". 631.01 ZONING DEFINITIONS For the purposes of this ordinance, certain terms or cords used herein sh ll be interpreted as follows: The word ep rson includes a fin, association, organization, partnership, trust, company, or corporation as well as individual. The present tense includes the future tense, the singular number includes the plural number includes the singular. The cord shall is mandatory; the word n�ay is pemissive. The words used or oc�d include the words inten3ed, desired, or arranged to be used or occupied. The %mrd lot includes Me words or ap rcel. Ac��cesso��__�UU�se - A use or structure on the sane lot with, and of a nature custoonri y idental and subordinate to the principal use or structure. Alcoholic Beverage - As defined by Section 561.01(4)(x), Florida Statutes. All - Any public or private right -of -way set aside for secondary public M and servicing which is less than thirty (30) feet in width. artnent - See Dwelling, Miltiple Family. tment Hotel - A building designed for or containing both apartments an idual guest rooms or rental units, under resident supervision and which mzintains an inner lobby through which all tenants must pass to gain access to apartments, room or units. e• _- MICROFILMED3.14.80 (3) 0631.01 ,(Cont.) Autamtive Vehicle -Any self - propelled vehicle or conveyance designed and used fo r a purpose of transporting or moving persons, animals, freight, norrhan diso or any substance. The phrase shall include passenger cars, trucks, buses, notor homes, motorcycles, scooters and station wagons, but shall not include tractors, construction equiptrent or machinery or any device used for performing a job except as stated above. Awning - A detachable, rootlike cover, supported by the walls of a for protection from sun or weather. Autaretive Repair Facilities - This term shall include all mechanical engine over w or rep r, and body work and painting of autamtive vehicles. Boarding House - See Roaning House. Buildable Area - The portion of a lot remaining after required setbacks 7e en provided. Building Official - The official charged with the adninistration and aR—orc-a-m—nt-o-f-Effis ordinance as provided for in Chapter 645. Building or Structure - Any structure constructed or used for residence, usltess, try or other public or private purposes or accessory thereto, including tents, lunch wagons, dining cars, trailers, nubile hares, sheds,garage, carports, animal kennel, structures of all types, storerocam, billboards, signs, gasoline pumps and similar structures whether stationary or nmable. Camper (Truck Pbunted) - A portable structure designed to be counted on a truc .Mlar type vehicle for the purpose of converting said vehicle into a novable living taut and custanarily used for recreational or camping use. Cmiper Trailer - A trevable living unit or similar portable structure haa no o Her foundation other than wheels, jacks or block, designed to be curved fran one location to another by autowtive vheicle,nny be collapsible and tustanarily used for recreational and carping pursuits, not in excess of eight (8) feet in width. Church - Any building occupied as a permvtent use for religious exercises as a primary use. Clinic - An establishment where patients are not lodged overnight, but aF-agnitted for examination and treatment by a group of physicians or dentists or other persons practicing the healing arts together. The tern does not include a place for the treammt of animals. MICROFILMED 3.14.80 • 631.01 (Copt. Cartron en 5 ace - A parcel, parcels or area of land or land and water, o er a rcated canal, within the site zoned for townhouse residential or used for planned rant development and designed and intended for the use or enjoyment of residents living within the zone or development area. Common open space my contain such cmplerrentary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the said residents. Construction Site - A lot or parcel upon which development is immediately propose or in progress, as authorized by a current building permit. Convalescent Name - A building where regular nursing care is provided for one person not a comber of the family which resides on the premi Court - An unoccupied open space on the same lot with the principal building ag— enclosed on at least three adjacent sides by walls of the principal building. Courtes 'Mtia ce - A notice of a public hearing, not required by law, e at ity's discretion to property owners within five- hundred (500) feet of property subject of said public hearing. Drive -in Restaurant or Refreshment Stand - Any place or premises used for sale, dispensing, or set o� oo 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. Aelling, Single Fondly - A detached residential dwelling unit other tiian,a mo e �, designed for and occupied by one family only. D.mlling, Pbbile Home - A detached residential dwelling unit over eight (8) Peat in widlitdesigned for transportation, after fabrication, on streets or highways on its own wheels and arriving at the site where it is to be occupied 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 or mobile carymer is not to be considered as a mobile hare. Aelling, T1v Fvnily - A detached residential building containing two king uan ts, s geed for occupancy by not more than two families. Dwelliry , plultiple F..mily - A residential building designed for or mockup e y ea or more families, with the number of families in residence cot exceeding the number of dwelling units provided. LJ MICROFILMED 3.14Ab C631.'01) (Cant.) Da`ell .Unit or Living Wit -Ono roan se rooms connected together, coast tut g a separate, epmdmt housekeeping establishment for owner occupancy, or rental or lease an a weekly, or longer basis, and physically separated from any other roans or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. F> co or marriage or a group offnnot moresthanr four e(4) per ons who by are not necessarily so related, living together under one roof as a single household unit. Fence - A structure forming a physical barrier which is so constructed that no less than fifty (50) percent of the vertical surface is open to permit the transmission of light, air, and vision through such surface in a horizontal plane. Final lication - Final application for approval of the Final opment m and for approval of the required exhibits as specified in this Ordinance. Final Development Plan - Final development Plan is the Development Plan appr'� [hoard of Adjusorent and recorded with the Clerk of the Circuit Court of Brevard County according to the provisions of this Ordinance. Floor Area - The sun of the gross horizontal areas of the several Dora o a building or buildings, measured from the exterior faces of exterior walls or from the centerline of walls separating two attached buildings. 1 he required minimum floor area within each district shall not apply to accessory uses. oco e re lb buildings nan ed bytheareaof thot(See63g.1 Guest House - Living quarters within a detached accessory building ovate on the saw lot with the main building for use by temporary guest 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. Hedge - A row of bushes or small trees planted close together in such a manner as to form a boundary or barrier. . Height of Building - The vertical distance from the established average sz awe c or street grade or finished grade at the building line, whichever is the highest, to (a) the highest point of flat roof; (b) the deck line of a con and roof; (c) the average height between the eaves and ridge for gable, hip and gambrel roofs, (See 639.57). r MICROFILMED 3.14.8, • 631�(Cont.) Home Occupation - Any occupation conducted entirely within a dwelling unit and Carr a on y 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. Hospital - A building or gourp of buildings, having roan facilities for one or more overnight patients, used for providing services for the in- patient medical or surgical care of sick or injured humans, and which may include related facilities such as laboratories, out - patient departments, training facilities, central service facilities, and staff offices; provided, however, that such related facility must be incidental and subordinate to the actin use and mist be integral part of the hospital operations. Hotel - A building in which lodging or boarding and lodging 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 contra - distinction to a boarding or lodging house, apartment hotel or multiple dwelling. hwmdssgge_ Buffer - That portion of the building setback area which N ocatl ed along property lines adjacent to streets or abutting lots and which in its entirety contains landscaping. Landscaping - The arrangement of vegetation such as trees, busies and grass, together with other suitable materials in complementary fashion over a tract of land for aesthetic effect. 13 Area - The minimum floor area of a dwelling as measured by its outside dimensions exclusive of carports, porches, sheds and attached garage. Loading Pace. Off- Street - Space logically and conveniently located for DWX picxups and aeuvenes, scaled to delivery vehicles expected to be used, and accessible to such vehicles 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. Lodging House - Same as Rooming House 10 MICROFILMED 3.14.80 (7) 1 631.011(Cont.) Lot- For purposes of this ordinance, a•lot is a parcel of land of at Iest sufficient size to meet mininwn zoning requirements for use, coverage, and area, and to provide such setbacks and other open spaces as are herein required. In no case of division or combination of parcels shall any residual lot or parcel be created wluich does not meet the requirements of this ordinance. Such lot may consist of: A. A lot of record; or B. A portion of a lot of record; or conbination of portions of lots of record; C. A combination of camplete lots of record, or complete lots of record and portions of lots of record; and /or D. A parcel of land described by mates and bounds. lot Corner - A lot located at the intersection of two or more streets. o1�I t� ut[ing on a curved street or streets shall be considered a corner lot if straight lines drawn fran the foremmst points of the side lot lines to the foremst point of the lot meet at an interior angle of less than one hundred -thirty five (135) degrees. 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 rearnnst points of the s ?de lot lines in the rear. B. Width - Of a lot shall be considered to be the distance between straTght lines connecting front and rear of the required front setback, •provided however, that width between side lot lines at their foremst points (where they intersect with the street lines) shall not be less than eighty (80) percent of the required lot width except in the case of lots on the turning circle of cul -de -sacs, where the eighty (80) percent requirenent shall not apply; provided, however, that all lots shall have a minimm of twenty-five (25) feet facing a street. LLo_t Fennta�e - the front of a lot shall be construed to be the portion nearest t7 street. For the purpose of determining setback requirements on comer and through lots, all yards of a lot adjacent to a street shall be considered frontage. Lot, Interior - A lot with only one frontage on a street. Lot Line - The boundary line of a lot. 0 MICROFILMED 3.14.80 (631.01 (Cunt.) Lot of Record - A lot whose existence, location and dimension have been egalily recorded or registered in a deed or on a plat. Lot Reversed Ponta e - A lot on which the frontage is at right angles or approximately right angles (interior angle less than one- hundred thirty five (135) degrees) to the general pattern in the area. A reversed frontage lot may also be a comer lot, an interior lot or a through lot. Lot, Through - A lot other than a comer lot with frontage on wre than one street. Through lots abutting two streets may be referred to a double frontage lot. Major Recreational Fquipmnt - Boats and boat trailers, travel trailers, trailers for transport nntorized vehicles, pickup carers or coaches (designed to be r=ted on autamtive vehicles) motorized dwellings, tent trailers and the like including the coverings. Marina - A place for docking boats or providing services to boats and tri occupants thereof, including servicing and repair to boats, sale of fuel and supplies, and provision of food, beverages, and entertaiment as accessory uses. A yacht club 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. fbtel - A building in which lodging, or boarding and lodging, are provided anTT 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 roams need not be through a lobby or office, and parking usually is adjacent to the dwelling unit. Dbtor Travel Hane - A self - propelled vehicle containing living facilities an customer y used for camping or recreational uses. Net Residential Acre - The horizontal acreage of a lot or lots devoted exclusively to resiiTe ntial uses and their appurtenant accessory uses. Such area shall include tic 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. MICRaFILMED3. 14.80(9) ~ (631.01 (Cant.) Non-conformity Any lot, use of land, use of structure, use of structure or characteristics of any use which was lawful at the time of enactment of this ordinance but which does not conform with the provisions of the district in which it is located. Occupied - The use of structure of land for any purpose including occupancy for residential, business, industrial, manufacturing, storage, and public use. Open Space Area - That area of the lot which is to be left open for e c rcu ton of air and which provides an area for recreational and /or leisure pursuits. Not to be incllded as part of open space area: building setbacks, area occupied by all building structures, parking area, roads and drives. Recreational areas may be included. Swimming pools may be included in the calculation of minimum open space. Patio - See Terrace. Parking Space, Off- Street - For the purposes of this ordinance the tern "o - street par space" shall consist of a minimun paved area two- hundred (200) square feet with minimum dimensions of ten (10) feet by twenty (20) feet for parking an automobile, exclusive of access drives or aisles thereto. Pl�aZgound /s - An area of land set aside for outdoor recreation, used yb children for play and often equipped for specific activities. May also be that part of a park or outdoor recreation facility set aside for such use by children. A playground may be public or private, however, any recreation area established for pre - kindergarten children only, or for adults or college students primarily, shall not be considered a playground. 9 ci al Use of Structure - A building in which is conducted the c pa use of the Tot on 1Atich it is situated. In a residential district any dwelling shall be deemed to be the principal building on the lot on which the same is situated. An attached carport, shed, garage, or any other structure with one or more walls or a part of one wall being a part of the principal building and structurally dependent, totally or in part, on the principal building, shall comprise a part of the principal building. A detached and structurally 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 conforming as an accessory building may be attached to the principal building by an open breezeway not to exceed six (6) feet in width. A connecting roof 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 princial building and shall be subject to the regulations applicable to the principal building. 19 MICROFILMED 3.14.80 (1O) 1631.01 (Cont.) Public Use - Any use of land or structures owned and operated by a room c pa ty, county, state or the federal government or any agency thereof and for a public service or purpose. Residential District - The R -1, R -2, R -3 or M -11 -1 District. Restaurant - Any building or structure or portion thereof, in which food pF ared and served for pay to any person not residing on the premises. Rocmi�,,,r nn house - A building other than an apartment hotel, hotel, or note otor lodge where, for compensation and prearrangement for definite periods, lodging, meals, or lodging and meals are provided for three or mare persons but not exceeding twenty (20) persons. Schoollg ounds - All the land included in the lot or parcel upon which a sc=ding is regularly used (excepting vacation periods) by elementary and /or secondary school students. The school and /or land may be public or private. Any area of land surrounding a college or university is not to be considered a schoolground, but rather a campus. Service Station - Buildings and premises where gasoline is supplied at retar , as a primary use, and where, in addition, services may be rendered and sales made as specified by this Ordinance. Setback - A required open space on the same lot with a principal B iu ng, which space is unoccupied and unobstructed by buildings from the ground upward except as specifically otherwise provided hereunder: A. Front Setback - The required open space extending across the entfr widthof the lot, from the front lot line to the specified distance from the front lot line. B. Side Setback - The required open space extending from the ronC set acc to the rear setback, and extending from the side lot line to the specified distance from the side lot line. C. Rear Setback - The required open space extending across the ent re of the lot, from the rear lot line to the specified distance fran the rear lot line. D. Driveway. Parkinp and Access- Structure Rneroaclnrnts W—Wl DCLMCK Area s - uicroacliivnts wia-ifn-­a—ny­-S—cL5Tck Area are Pcrinlccca on y as specified in 639.49 and 639.51 hereof. Sip - Any device to inform or attract the attention of persons not on tls premises on which the sign is located, provided however, that the following shall not be included in the application of tlue regulations herein: MICROf ILMED 3.14.8.0 s ti (11) • 631.01 (Cont.) A. Signs not exceeding one (1) square foot in area and bearing only property nunbers, post office box nunbcrs, names of occupants of premises, or other identification of promises not having commercial connotations; D Flags and insignia of any government except wihen displayed in connection with commercial promotion; C. legal notices, identification informational, or directional signs erected or required by govemnontal bodies; D. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights; E. Signs directing and guiding traffic and parking on private property, but bearing no advertising matter. Si s, Number and Surface Area - For the purpose of determing number of signs, a Sign Snail be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit, ldhere nutter is displayed in a random m,vner without organized relationship of elements, or 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 caiputed as including the entire area within a regular geamtric form comprising all of the display area of the sign and including all the elements of the matter displayed. Structural menbers not bearing advertising matter steal ,not be included in ceputation of surface area. S_r'' __On -S _ite - A sign relating in its subject matter to the premises on n �invt ictn it fs located, or to products, accomdations, services, or activities on the praises. Sign, Off -Site - A sign other than an on -site sign. Special Exception - A special exception is a use that would not be appropr� generally or without restriction throughout the zoning division or district but which, if controlled as to nunber, area, location, or relation to the neighborhood, would prorate the public health, safety, welfare, morals, order, comfort, convenience, appearance, posterity, or general welfare. Such uses as may be permitted by the hoard of Adjustment are identified for each zoning district as special exceptions. M - That portion of building included between the floor surface e upper surface of the floor next above, or any portion of a building, used for humvh occupancy bMwoen the top -must floor and roof. A basement or cellar not used for hunsn occupancy shall not be counted • as a story. I• I0 r MICROFILMF2 3.14.80 �_. (12) (631.01) (Cont.) Street - A street for the purposes of this section shall be a public or pike right -of -way set aside for public travel which is thirty (30) feet or more in width. A. Street g ht -of-wa Line - The property line which bounds the right - o -way set as a or use as a street. Where sidewalks exist and the exact location of the right -of -way is unknown, the side of the sidewalk farthest from the centerline of the traveled street shall be considered as right -of -way line. S. Street Centerline - The midpoint of the street right -of -way. Swimning Pool - Any portable pool or pettmnent structure containing a body of water eighteen (18) inches or more in depth and two hundred fifty (250) square feet of surface area or more of water service area, intended for recreational purposes, including a wading pool, but not including an ornonental reflecting pool or fish pond or other type of pool regardless of size, unless it is located and designed so as to create a hazard or be used for swimning or wading. Tent - A collapsible shelter of canvas or other fabric type material. Terrace - An open space adjacent to the principal building an one or two sides, prepare with a hard, sans -hard, or improved surface, and uncovered, for the purpose of outdoor living. Tourist and Transient Living Accow ions - Any place wherein tourists, transients, travelers, or persons esttuig tanporary residence my be provided with sleeping, sanitary or cooking facilities. Townhouse - See dwelling, multiple family. Total Floor Area or Gross Floor Area - The areas of all floors of a building, including finished ate cs, sie asamnts and all covered areas, including porches, sheds, carports, and garages. Trailer Park - An area duly licensed by the City of Cape Canaveral and approve3Tiy the Florida State Board of Health which is designed, constructed, equipped, operated and maintained for the purpose of providing space for and otherwise servicing mobile hams and /or trailers. Travel Trailer - A vehicular, portable structure having no foundation other me s, acks 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 MICROFILMED 3.14.80 (13) f 631.01 Cont.) (2) is not more than eight (8) feet in width. Vacant - A building ro parcel of land which is neither occupied nor used o ain a non- operative state for a period of six (6) consecutive months or more. Variance - A variance is a relaxation of the terms of the zoning ordinance w e-ire such variance will not be contrary to the public interest and kfiere, owing to conditions peculiar to the property and not the result of the actions 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 allmied by variance, nor shall a variance be granted because of the presence of non - conformities in the zoning district or used in an adjoining zoning district. Wall - A structure forming a physical barrier which is so constructed t-}v t less than fifty (50) percent of the vertical surface from Bound level to its top is open to permit the transmission of light, air, and visison through such surface in a horizontal plane. Yard - All open space on the same lot as the principal building, which space is unoccupied and unobstructed by buildings from the ground upward except as otherwise provided. Generally applies to the area from each lot line to the principal building and its attached porches, sheds, carports, garages and storage areas. The term Yard used herein is not a setback. 633 FSTABLISIDEU OF DISTRICTS: PROVISO ING_MAP 633.01 OFFICIAL ZONING MAP The City is hereby divided into zones, or districts, as shown on the Official Zoning Map, which together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this Ordinance. The Official Zoning Map shall be identified by the signature of the Pryor attested to by the City Clerk, and bearing the seal of the City under the following words: '"Ibis is to certify that this is the Official Zoning Map referred to in Sec. 633.01 of the Code of Ordinances of die City of Cape Canaveral, Florida" together with the date of the adoption of this Ordinance. The Official Zoning Map in effect at the time of passage of this Ordinance shall remain in effect and shall be re- identified as provided above. f' � luj n MICROFILMED 314.80 (14) 3 63.01 (Cant.) If, in accordance with the provisions of this Ordinance and Florida Statutes, changes are nude in district boundaries or other matter portrayed on the Official Zoning 11ap, such changes shall he made on the Official Zoning Map pmry�tly after the amemdn nt has been approved by the City Council, together with an entry on the Official Zoning Map as follows: "On (date), by official action of the City Council, the following (change) changes were made in the Official Zoning Map: (brief description of nature of change)," which entry shall be signed by the Mayor and attested by the City Clerk. The arending ordinance shall provide that such changes or amendments shall not became effective until they have been duly entered upon the Official Zoning Map. No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance and punishable as provided in Chapter 645.39. Regardless of the existence of purported copies of the Official Zoning Map which may Fran time to tine be node or published, the Official Zoning Pap which shall be stored in City Hall .lien not in use, and readily available to the public, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the City. 633.03 RRPIACFIIFS7P OF OMCIAL ZOMIO MAP In the event that the Official Zoning 11ap becanes damaged, destroyed, lost or difficult to interpret because of the nature or comber of changes and additions, the City Council my be resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning 1.1ap. The new Official Zoning Map may correct drafting or other errors or emissions in the prior Official Zoning 11ap, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amond eat thereof. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the City Clerk, and bearing the seal of the City under the following words: 'This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of cop being replaced) as part of Ordinance No. 10 -75 of the City of Cape Canaveral, Florida." Unless the prior Official Zoning, M.ap has been lost, or has been totally destroyed, the prior mp or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption or anendnrnt. • n MICROFILMED 3.14.80 (15) 633.05 TUNS FOR IWIERPRUATION OF DISLRICr BOUNDAPM Were uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply: A. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines; B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; C. Boundaries indicated as approximately following City limits shall be construed as following City limits; D. Boundaries indicated as following shore or bulkhead lines shall be construed to follow such shore or bulkhead lines, and in the event of change in the shore or bulkhead line, shall be construed as following the original shore or bulkhead line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines; E. Boundaries indicated as parallel to or extensions of features indicated in subsections (A) through (D) above shall be so construed. Distances not specifically indicated on the Official Zoning Pimp shall be determined by the scale of the map; F. In cases wihere the actual location of physical features varies from those shown on the Official Zoning Map, or in other circumstances not covered by subsections (A) through (E) above, the Board of Adjustment shall interpret the district boundaries. 635 APPLICATION OF DISLRICf REGULATIONS Me regulations set by this ordinance within each district shall be mdninm regulations and shall apply uniformly to each class or kind of structure or land, and particularly. 635.01 COMM- R-M WITH REGULATIONS No building, structure, or land hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located. MICROFILMED 3.1480 0 (16) 635.03 STRUCTURE unialr, 1m-mi UNITS. LOT ARrA PEmwAGE, SLTMCKS No building or other structure shall hereafter be erected or altered: A. To exceed the height; B. To accomndate or house a greater nwber of families; C. To occupy a greater percentage of lot area; D. To have narrower or smvaller rear setback, front setback, side setbacks, or other open .spaces than herein required; or in any other manner contrary to the provisions of this ordinance. 635.05 SL17S4CO3 OPEN SPACE, PARKING, LOADEC REQUIMaMS FOR A17bi iU. I No part of a setback, 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 setback, open space, or off- street parking or loading space similarly required for any other ouilding. 635.07 DDnSION OR AREA REDUCTION BELO.4 tiINDItl REQUIRE Mu3 No setback or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimm requiranents net forth herein. Setbacks or lots created after the effective date of this ordinance shall meet the mininam requiramnts established by this ordinance. 635.09 REGULATIONS ARE NINIPLUN: UNIFORMLY APPLIED Within each district, the regulations set by this ordinance shall be minin m regulations and shall apply uniformly to each class or kind of structure or land. 635.11 LOT AND SDUT -r REQUII02OM FOR STRUCTURES 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 a lot adjacent to a public street, or with access to a public street. In the case of a parcel of land which is not adjacent to a public street, the front of such parcel shall be that boundary-side which is adjacent to the legal access. I-1 U 0 MICROFILMED 3.14.80 (17) 635.13 ZONING CLASSIFICATION OP At,TTmloNS The zoning classification of all property which may hereafter be annexed to the City shall be determined by the City Council upon re- commendation of the Planning and Zoning Board at the time of annexation. 635.15 UNUSUAL USES OR USES NOT SPECIFICALLY pM0IlTIEU 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 is similar. Any application to permit a use which in the opinion of the Building Official is not similar to a listed permitted use or a use allowed as a Special Exception, or due to its nature is an unusual use, shall be referred to the Board of Adjustment which will, according to the procedures set forth for a Special Exception, determine the proper zone for such use. The Board of Adjustment may prescribe appropriate additional conditions and safeguards in the public interest. 637 SCITDUL C OF DISTRICr REGULATIONS 637.01 R -1: SINGIE FAKILY RESIDWLe1. DISMCr The provisions of this district are intendp(I to apply to an area of single family unattached residential development. Lot sizes and other restrictions are intended to promote and protect a high quality of residential development. 637.03 PRIIICIPAL USES AIID STRUCIURIS Single family &vllings. Provided, however, that in no case shall there be more than four and three -tenths (4.3) duelling units per net residential acre. 637.05 ACCESSORY USES AND STRUCTURES A. Non - commercial piers, bathhouses, and loading places intended solely for the use of the adjoining residences, providing that the following conditions are set: 1. No dock or pier shall extend over five (5) feet beyond the property line unless the abutting waterway is over one hundred (100) feet in width at such point: where the pier or dock is constructed; Z. No water craft moored to such use shall be used as living quarters; MICROFILMED 3.14.80 (18) 637.05 (Cont.) 3. All applicable regulations and restrictions of the Corps of Engineers and other Federal, county, state and local controls shall be adhered to. D. Non- Camiercial botanical nurseries and greenhouses; C. Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including garages, carports, and the like, in keeping with the residential character of the district.. D. Mane Occupations subject to the provisions of Chapter 639. 637.07 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADIUS1MIr A. Public utility uses and rights -of -way essential to serve the neighborhood in which it is located; B. Public and private scn.als with conventional curriculums; public libraries; C. Churches and other places of worship; parish houses; D. Golf course and clubhouse, tennis and racket club and similar activities in keeping with the residential character of the district; E. Public safety structures and equipment, such as fire sub- stations, civil defense facilities and the like; F. Public and semi- public parks, playgroun,Lh, playfields, and recreation facilities. 637.09 PRDNIBITFD USES AND SPRUCIURF_S All uses not specifically or provisionally permitted herein; and any use not in keeping with the single family residential character of the district, including two family and multiple family dwellings, townhouses, and while home parks are prohibited. 637.11 AREA AND DURNSION REGULATION'S R -1 MininRm Lot Area 10,000 Sq. Ft. Itinimun Lot Width: 75 Feet MICROFILMED 3.14.80 O (19) 637.11 (Cont.) Minima Lot Depth: Maxima Lot Coverage: Minima Living Area: Maximn Height: MIDIDW SU BACK Front: Side Interior Lot: Side Comer Lot: Rear: 100 Feet 307. 1,100 Sq. Ft. 25 Feet MOM R -1 25 Feet 8 Feet or 10'/ of lot, whichever is greater, up to 20 Feet. 25 Feet 25 Feet; 20 Feet when abutting an alley, 637.13 OFF STREET PARKTM AND ACCESS Off- Street parking area and access to a public or private street shall be provided in accordance with Chapter 639. 637.21 R -2: UIE, 'AD AND MULTIPLE FAMILY IA,'l].LING DISTRICT The provisions of this district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to prarote and protect neditnh density residential development maintaining an adequate amount of open space for such development. Sane non - residential uses compatible wish the character of the district are also permitted. 637.23 PRINCIPAL USES AND STRUCTUT-.S Single family dwellings, two family dwellings and multiple family dwellings, provided however, that in no case shall there be more than fifteen (15) dwelling units per net residential acre. 637.25 ACCESSORY U.SFS AND SMCIURES A. Non- axmnercial piers, bathhouses, and loading places intended solely for the use of the adjoining residences, providing • that the following conditions are nnt: MICROFILMED 3.14.80 9 (20) 637.25 (Cont.) 1. No dock or pier shall extend over five (5) feet beyond the property line unless the abutting watenaay is over one hundred (100) feet in width at such point where the pier or dock is const'ruct'ed; 2. No water craft scored to such use shall be used as living quarters; 3. All applicable regulations and restrictions of the Corps of Engineers and other Federal, county, state and local controls shall be adhered to. B. Non - commercial botanical nurseries and greenhouses; C. Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including garages, carports, and the like, in keeping with the residential character of the district. D. Home Occupations subject to the provisions of Chapter 639. E. Parking lots and facilities in conjunction with one or sere principal ones. . 637.27 SPECLIL M(CEPTIONS PERbQSSIBLE BY BOARD OF AD]US:!tTIIIt'P A. Public utility; uses and rights -of way essential to serve the neighborhood in which it is located; B. Public and private schools with conventional curriculums; public libaries; C. Churches and other places of worship; parish louses; D. Golf course and clubhouse, tennis and racket club and similar activities in keeping with the residential character of the district; E. Public safety structures and equipment, sudt as fire sub - stations, civil defense facilities mid the like; F. Public and semi- public parks, playgrounds, playfields and recreation facilities; n LJ MICROFILMED 3.14.80. (21) _ � 631.27 C. Ilospitals, convalescent homes, nursing homes for human care except institutions primarily for mental care; H. Public acid private clubs and lodges not involved in the conduct of comncrcial activities; I. Governmental office buildings, institutions and cultural facilities; J. Kindergartens, nurseries, and child care facilities; 637.29 PROHIBITED USES MID SITWCrLRPS All uses not specifically or provisionally permitted herein; and any use not in keeping with the residential character of the district. 637.31 AREA AND DIN --SION REGULATIONS R -2 Mininum Int Area: One family and two family: 7,500 SQ. Fr. Multiple Gamily; 10,000 SQ. 1T. MinimumLot Width: One family, two family and multiple family; 75 Fr. Wnim --n lot Depth: One family, h:D family and multiple family; L00 Ff. Maximum Lot Coverage: One family, LwD family and multiple family; 35% Wnimum Living Area: One family: 1,000 SQ. Fr. per dwelling unit. 7W family: 750 SQ. Fr. per dwelling unit. Multiple family: Efficiency: 450 SQ. Fr. per dwelling unit One bedroom: 650 SQ. Fr. per dwelling unit Two bedroom: 750 SQ. Fr. per dwelling unit three bedroom: 900 SQ. Fr. per dwelling unit plus 100 SQ. Fr. for each additional bedroom. Kmimm lleipjit: One family, two family and multiple family: 25 Fr. 637.33 OFF- STREET PARKINV AND ACCESS Off - street parking and access to a public or private street shall be provided in accordance with Chapter 639. 637.41 R -3: MULTIPLE FA14II.Y DWELLING DISTRICT The provisions of this district are intended to apply to an area of medium density residential development. Lot, height, and other building restrictions are intended to accomnodate a controlled degree of development, maintaining an adequate anoint of open space for residential uses. Higher density figures will be permitted for hotel/ notol development as set forth in the schedule of regulations listed below. 637.43 PRIM PAL usus AND 5rRlams A. Single family dwellings, two family chcllings and multiple family dwellings and notels and hotels, provided, however, that in no case shall there be more than fifteen (15) dcllings • units for multiple family or thirty (30) ruital units for hotels dad motels per net residential acre; MICROFILMED 3.14.80 • (22) 637.31 (Cant. FIINIFILFI SMIACK RCQUIiU- EM: R -2 Front: One family, two family and multiple family: 25 Fr. Side: (Interior Int) One family, two family and multiple family: 8 Fr, or 107, of width of lot, whichever is greater, up to 15 Fr., plus 3 Fr. for each story above the first. Side: (Corner Int) One family, two family and multiple family: 25 Fr. On all non - conforming lots of record as defined in Chapter 643.03, on side corner lots there shall be a minilnun set- back of 10 Fr, or the average depth of existing setbacks whichever is greater. The average depth of existing setbacks shall be determined by buildings located on lots 500 FT. as either side of property on the same side of the street. Rear: One family, tuo family and mulitple family: 20 Fr, plus 3 Fr, for each story above the first. 637.33 OFF- STREET PARKINV AND ACCESS Off - street parking and access to a public or private street shall be provided in accordance with Chapter 639. 637.41 R -3: MULTIPLE FA14II.Y DWELLING DISTRICT The provisions of this district are intended to apply to an area of medium density residential development. Lot, height, and other building restrictions are intended to accomnodate a controlled degree of development, maintaining an adequate anoint of open space for residential uses. Higher density figures will be permitted for hotel/ notol development as set forth in the schedule of regulations listed below. 637.43 PRIM PAL usus AND 5rRlams A. Single family dwellings, two family chcllings and multiple family dwellings and notels and hotels, provided, however, that in no case shall there be more than fifteen (15) dcllings • units for multiple family or thirty (30) ruital units for hotels dad motels per net residential acre; MICROFILMED 3.14.80 �_ (23) • 637.43 (Cont.) D. Professional offices, studios and similar uses; C. Medical and dental clinics and related laboratories; D. Government offices; 637.45 ACCESSORY USES AND MLI(MIRIS A. Non- cosmercial piers, bathhouses, and loading places intended solely for the use of the adjoining residences, providing that the following conditions are net: 1. No dock or pier shall extend over five (5) feet beyond the property line unless the abutting waterway is over one- hundred (100) feet in width at such point where the pier or dock is constructed; 2. No water craft moored to such use shall be used as living quarters; 3. All applicable regulations and restrictions of the Corps of Engineers and other Federal, county, state and local controls shall be adhered to; R. Non- convercial botanical nurseries and greenhomtts; C. Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including garages, carports, and like, in keeping with the residential character of the district; D. clam Occupations subject to the provisions of Chapter 639; E. Parking lots and facilities In conjuncion with one or ;rare principal uses; F. Limited retail and service establislmxnts %lien operated within a single caa�plex of thirty -five (35) or more units, including drug and sundry shops, confectionary and coffee shops; newsstand; personal services; delicatessens; eating establislmm�es; laundry and dry cleaning pickup stations and laladrMVICS and similar uses, pro vided that no commrcial display i.s visible from outside a Principal building. Such accessory use shall not exceed five (5) percent of the gross floor area of a principal use. 0 T.- MICROFILMED 3.1480 0 (24) " 637.47 SPECIAL EXCEMONS PErOUSSIBLE BY BOARD OF ADJU.41.wm A. Public utility uses and rights -of way esential to serve the neighborhood in which it is located; B. Public and private schools with conventional curriculums; public libraries; C. Churches and other places of worship; parish houses; D. Golf courses and clubhouses, tennis and racket club and similar activities in keeping with the residential character of the district; E. Public safety structures and equipment, such as fire sub - stations, civil defense facilities and the like; F. Public and semi- public parks, playgounds, playfields and recreation facilities; G. Public and private clubs not involved in the conduct of commercial activities; H. General office buildings; I. Govenaental office buildings, institutions and cultural facilities; J. Hospitals, restorivas, convalescent hones, nursing hams for human care except institutions primarily for mental care; K. Marinas, including but not limited to water craft used for dwelling purposes; L. Kindergartens, nurseries and child care facilities; M. Radio and television studios, broadcasting towers and antenna; N. Establishments dispensing alcoholic beverages, when operated within a single conplex of thirty -five (35) or mare units. 637.49 PROHIIBrMD USES AND smL)cnm All uses not specifically or provisionally permitted herein. r1 u r MICROFILMED 3.14.80 (25) 637.51 ARCH AND DIMENSION RWINATIMS R -3 Minimum lot Areas: One and two family: 7,500 SQ. M Multiple family, residential and offices, hotels and motels; 12,000 SQ. Fr. Churches and hospitals: one -half (1/2) Acre Minimum Lot Width: One and two family: 75 Fr. Multiple family, residential and offices, hotels and motels: 100 FT. Churches and hospitals: 150 Fr. Minimum Lot Depth: One and Lim family, multiple family, residential and offices, churches and 'hospitals, hotels and motels: 100 Fr. Flvdmun Lot Coverage: One and tko family: 35% Multiple family, residential and offices, churches and hospitals: 25% oyY,t Hotels and Fbtels 407,. Minima Living or Floor Area: One family: 1,050 SQ. Fr. per dwelling unit. lkM family: 850 SQ. Fr. per dwelling unit. Fultiple family, residential mid offices; One bedroam, 850 SQ. Fr: per dwelling unit Uv bedroom: 1;050 SQ. Fr. per dwelling unit; plus 200.SQ. F1'. for each additional bedroom. ht*i'Votels and .�btcls: 300 SQ. M per rental unit. Kmd unHeight: One and tton family: 25 FT. Multiple family, residential, offices, curches, hosptials, hotels and motels: 45 Fr. *r hotel and motel units containing, provisions for cooking or light housekccpiry; shill poet the regulations of multiple family, residuntial and offices category above. MICROFILMED 3.14.80 (26) 637.51 (Cont.) MINIIIL@I SL•TMCK RrQUIRITI1M: R -3 Front: Residential, offices., hotels and motels: 25 Fr. plus 2 Fr, for each 5 Fr. or increment thereof over 40 Fr. in height. Churches, hospitals and the like; 25 Fr. plus 3 IT. for each 5 Fr. or increment thereof over 40 Fr. in height. Side Interior iot: Residential, offices, hotels and motels; 15 Fr. plus 3 Fr..for each 10 Fr. or increment thereof over 20 Fr. in height.,. Churches, hospitals, and the like; 15 Fr: plus 3 Fr. for each 5 Fr, or increment thereof over 40 Fr. in height. Side Comer Lot: Residential, offices, hotels and ; mtels; 25 Fr., plus 2 Fr. for each 5 Fr. or increment thereof over 40 Fr. in height. Chisrhes, hospitals, and the like: 25 IT., plus 3 Fr. for each 5 17. or incremnt thereof over 40 Fr. in height. Rear: Residential, offices, hotels and motels; 20 Fr., plus 2 1T. for each 10 1T, or increment thereof over 20 Fr, in height. Churches, hospitals and the like: 25 Fr., 20 Fr. when abutting an alley, plus 3 IT, for each 5 Fr. or incre;ent thereof over 40 Fr. in height. 637.53 1IINDUI IlltIT71I MQUIRDOWr At least 25% of the North /South dimension of the property shall he open to the breeze in an Gast /Nest direction. Ibis shall include required setbacks. 0 MICROFILMED 3.14.80 .. 637.55 NAM U4 11249M OF ANY BUILDIM IN A NORTH /SOUnI DIREMON 185 FT. 637.57. IMIDSCAPRE A ten (10) foot landscaped buffer adjacent to any street and two and one -half (2 -1/2) feet landscaped buffer adjacent to any abutting lot shall be required. 637.59 NINMI OPEN SPACE AREA REQUIRDn= The mininnm open space requiied is fifteen (15) percent of the total lot area. Not to be included as part of open space area are the following: setback requirements, area occupied by all building structures, parking area, roads and drives. Recreational areas and swimming pools may be included in the calculation of minimum open space. 637.60 OFF- sTREEr PARKLiG AND ACCESS Off- street parking and access to a public or private street shall be provided in accordance with Chapter 639. 637.61 M -1: SINGLE FAMY IMILLE IME DISTRICT the provisions of this district are intended to apply to an area of single family mobile home development. 637. 3� PRINCIPAL USES MID STRUCTURES Single family nubile homes. 637.65 ACCESSORY USES AND STRUCTURES A. Cabanas, provided that they are a manufactured metal product: and are attached to the wbile home; B. Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use. Accessory uses shall have no sanitary plumbing or kitchen facilities. F-- MICROFILMED 3.14.80 • (28) 0637.67 SPECIAL EXCEPTIONS None 691 PFDHISITED USES AND STRUCTURES All uses not specifically or provisionally permitted herein. 6 AREA AND DIMENSION REMATIONS: M -1 tlininunlot Area: 2,500 SQ. Fr. Minimum Height: 15 Fr. Minimm lot Width: 50 Fr. Minh= Lot Depth: 50 Fr. Maximan Lot Coverage: 407. Minimum Floor Area: 350 SQ. FT. P@MM SET RACK REQUIRI EWS: 1.91 -1 Front: 15 Fr. Side: 5 Fr, Rear: 5 FT. j 637 � OEF-STRi•1:T PARKING AND ACCESS J 1y) Off- street parking and access to a public or private street shall be provided in accordance with Chapter 639. 637.81 C -1: W4 DENSITY OD?41ERCIAL DISTRICT the provisions of this district are intended to apply to an area adjacent to major arterial streets and convenient to major residential areas. Ilia types of uses permitted are intended to serve the consumr needs of nearby residential neighborhoods as well as the coa ercinl needs of the motorist. Lot sizes and other restrictions are intended to reduce conflict with adjacent residential uses and to minimize the interruption of traffic along thoroughfares. 637.83 PRINCIPAL USES AND STRUCIw S The folladng, uses and structures are permitted for any use of group • of uses that are developed, either separately, or as a unit with certain site inprove mats shared in oomron, on a site of three (3) acres or less: f MICROFILMED 3.14.80 (29) 637.83 (Cont.) A. Retail stores, sales and display rooms; B. Personal service establishments such as beauty and barber shops, laundry and dry cleaning pickup stations, rail.or shops, and similar uses; C. Professional offices, studios, clinics, laboratories, general offices, business schools and similar uses; D. Hotels, motels - in no case shall there be more than thirty (30) rental units per net residential acre; nor shall a rental unit have a floor area less than three hundred (300) SQ. 1T. E. Eating establishmmts. P. Public and semi- public parks, playgrounds, clubs and lodges, cultural facilities, ho:.pitals, clinics, restoriuus, mortuaries, funeral homes, governnmL offices, schools, churches and similar uses; C. &auks and financial institutions; H. Public and private pnrking lots and gnrages; I. Commercial recreation such as driving ranges, bowling alleys, and similar uses; J. Plant nurseries and greenhouses, providing that all outside display of merchandise shall be contained in the required setbacks; K. Repair service establishments suoli as household appliances, radio and TV and similar uses, but not including automobile repairs; L. Multiple family &rlllings, provided, hasver, that in no case shall there be more than fifteen (15) duelling units per not residential acre. 637.85 ACCESSORY USES AND SIRUCMS Customny accessory uses of one or mare of the principal uses clearly incidental and subordinate to the principal use, in keeping with the laa density emmercial character of the district are permitted. • MICROFILMED 3.14.80 • (30) 637.87 SPECIAL aCEPTIIXIS PERIDSSIIR.E BY BOARD OF ADHISDU_Wr A. Public utilities 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 mAnals shall be empletely enclosed unless appropriate safeguards are constructed to control objectionable odors and /or noises, as determined by the Board of Adjusuncnt. 2. Any area used for boarding or temporary housing of animals shall be buffered fran all adjacent properties by a Visual screen, meeting the specifications of Chapter 639.69 and any other conditions required by the Board of Adjusurent. C. Radio and television studios, broadcasting towers and antennas; D. Service stations, subject to the following provisions: 1. Minimm Lot Area: 15,000 SQ. FT. 2. FHninm Lot Width: 100 IT. 3. Mini mm Lot Depth: 100 Fr. 4. Maximm Lot Coverage: 25% 5. Minimm Floor Area: 1,000 SQ. FT. 6. Rmdnun Height: 25 FT. 7. Mnimmi Building Setbacks: Fran any street: 40 FT. Interior Side: 25 FT. Rear: 15 Fr. 8. Other Mnimm Setbacks Fran any Property Line: PuTp Islands: 25 FT. Canopy: 20 IT. Signs, Portable or Fixed: 15 IT. • Storage Tanks: 15 Fr.. An in addition, underground storage is required for all receptacles for conbustible materials in excess of fifty-five (55) gallons. MICROFILMED 3.14.80 • (31) 637.87 Cont.) 9. Curb Cuts: The nuuber of curb cuts or driveways shall not exceed two (2) for each street frontage. Suds curb cuts shall be a maxin m of thirty (30) feet wide and shall be located no closer to any intersection than twenty-five (25) feet-, and no closer to any rear or side lot than fifteen (15) feet. Curb cuts and driveways shall be constructed according to City specifications. 10. No service stations shall be erected or located within 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 Chapter 639 shall be provided along any property line abutting a residential district. 12. Services and Sales permissible include only the following; (a). Sale and servicing of spark plugs, batteries, 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 retainers, wheel bearings, mirror and the like; (d). Radiator cleaning, and flushing and repairs including removing of tanks or recoring of radiators. Nohaithstanding the provisions of this paragraph, re- quiratents as set forth in the Southern Standard Building Code, including Section 505 shall be complied with, as well as the occupational Safety and Health Act; (e). Washing and polishing, and the sale of automotive washing and polishing materials; (f). Greasing and lubrication; • (g), providing and repairing, fuel ptnghs and lines; J MICROFILMED 3.14.80 (32) 637.87 Cont. (h). Minor servicing and repair of carburetors. (i). Wiring repairs; notwithstanding the provisions of this paragraph, requirement. as set forth in the Southern Standard Duilding Code, including Section 505, shall be cmplied with as well as the Occupational Safety and Health Act; (j). Adjusting and repairing brakes; (k). Minor motor adjustments not involving removal of the head of crankcase or racing the motor; (1). Sale 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 and trucks-w-; Notwithstanding the provisions of this paragraph, re- quire ants as set forth in the Southern Buildirn Code, including Section 505, shall be complied with as well as the Occupational Safety and Health Act. (o). Major mechanical repairs performed only within the confines of the service station building; (p). Uses permissible at a service station do not include body work, straightening of body parts, painting, welding (other than minor repairs), 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 garage nor a body shop. r 1 �J MICROFILMED 3.14.80 r._ (32a) LI 637,87 (Cunt.) E. Places in which goods are produced and sold at retail upon the premises; F. Vocational and trade schools not involving operations of an industrial nature; G. hbbile home parks, subject to the provisions of Chapter 6141. H. Establishments dispensing alcoholic beverages. 0 ME MICROFILMED 3.14.80 • (33) 637.89 PROHIBITED USES AND STRUCTURES A. Residential uses, except as specifically permitted; B. Outdoor sales and /or display areas except as provided herein; C. Manufacturing activities, transportation terminals, storage warehousing and other activities of a similar nature; D. All uses not specifically or provisionally permitted herein; E. Any use which fails to meet "Performance Standards" specifications as provided In Chapters 639.13 to 639.41 inclusive. F. theatres, Drive -in theatres, bookstores and photographic studios. 637.91 AREA AND DDIENsIm REGULATIONS: C -1 Minimm Lot Area: Multiple family dwellings, hotels and motels: 12,000 SQ. Fr. All other principal uses and structures; 5,000 SQ. Fr, and in addition, the ratio of gross floor area to lot area shall not exceed 1.5:1.0. Minimwn lot Width: Multiple family dwellings, hotels, and motels. 100 Fr. All other principal uses and structures; 50 IT. Minimun Lot Depth: Multiple family dwellings, hotels, motel and all other principal uses and structures; 100 FT. Maximm Lot Coverage: Multiple family dwellings: 257. Hotels and Tbtels: 40'/, All other principal uses and structures: SOY, 0 MICROFILMED 3.14.80 • r (34) 637.71 (Cont.) 14inimum Living or Floor Area: Multiple family ckacllings, hotels and motels: One bedroom: 650 SQ. rr. per dwelling unit. 1kn bedroom: 1,050 SQ. rr. per dwelling unit, plus 200 SQ. Fr. for each additional bedroom. Hotels and Fbtels: 300 SQ. Fr. per rental unit Qlotel and motel units containing provisions for cooldng or light housekeeping shall meet the regulations of Multiple Family Dwellings). All other principal uses and structures: 300 SQ. Fr. Maximum Height: Multiple family dwellings, hotels and motels: 45 Fr. All other principal uses and structures: 40 Fr. M DMUI SLTMCK RM- UIP.iSiF22TS: C -1 Front: Multiple family dwellings, hotels and motels and all other principal uses and structures: 25 rr. Side Interior Lot: Multiple family dwellings: 15 rl', plus 3 rr, for every 10 IT. or increment thereof over 20 Fr, in height. Hotel, motels and all other principal uses and structures: 0 rr.; 25 DT. when abutting a residential zoned district. Side Comer Lot: Multiple family ckaellinP,s, hotels and motels and all other principal uses and structures: 25 Fr. 0 MICROFILMED 3.14-80 637.91 (Cont.) (35) Rant: Multiple family dwellings: 20 Fr. plus 2 Ff, for each 10 1T. or incrmncnt thereof over 20 Fr. in height. Hotels, motels and all other principal uses and structures: 10 Fr.; 25 IT. when abutting a residential zoned district. 637.93 LANDSCAPING APR) SCREENING Defined in Chapter 639 (Supplementary District Regulations) of this ordinance. 637.95 OFF -S1R= PARKING AND ACCESS Off- street parking and access to a public or private street shall be provided in accordance with Chapter 639. 638.01 C -2: GENERAL OXMMCIAL DISIRICr Me provisions of this district are intended to apply to an area intended to be developed and preserved as a major connercial center serving the cannercial needs of the cannnity and the region. the types of uses and other restrictions are intended to promote and protect intense caanercial development as well as provide adequate protection from conflicts with adjacent residential and other non - cannercial uses, and to minimize the interruption of traffic along adjacent thoroughfares. 638.03 PRINCIPAL USES AND STRUC1URES Me following uses and structures are pennitted for any use or group of uses that are developed, either scapartely, or as a unit with certain stie inprovements shared in comma, on a site of three (3) acres or less: A. Retain stores, sales and display roans; B. Personal service establislrnents such as beauty and barber shops, laundry and dry cleaning pickup station, tailor shops, and similar uses; • V-1 L I MICROFILMED 3.1480 (36) 638.03 (Cont.) C. Professional offices, studios, clinics, laboratories, general offices, business schools and similar uses; D. Hotels, motels - in no case shall there be more than thirty (30) rental units per net residential acre; nor shall a rental unit have a floor area less than 300 SQ. FT.; E. Eating and drinking establishments; F. Public and sans- public parks, playgrounds, clubs and lodges, cultural facilities, hospitals, clinics, restoriums, mortuaries, funeral hones, government offices, schools, churches and similar uses; G. Banks and financial institutions; H. Public and private parking lots and garages; 1. Caaoercial recreation such as driving ranges, bowling alleys, and similar uses; J. Plant nurseries and greenhouses, providing that all outside display of merchandise shall be contained in the required setbacks; K. Repair service establishments such as household applicances, radio and 2V and similar uses; L. Multiple family dwellings, provided, however, that in no case shall there be more than fifteen (15) dwelling units'per net residential acre. M. Wholesaling from sample stock only with no production permitted on the premises; N. Any other retail sales outlet of products sold directly to the consumer; 0. Dry cleaning establishments using non- inflameble solvents and cleaning fluids as determined by the Fire Chief; MICROFILMED 3.14.80 ® (37) 638.03 (Cant.) P. Business service establishments; Q. 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 (1/3) the enclosed area of the principal structure; 2. The outside display shall be treated with a hard material suitable for pedestrian traffic; 3. The outside display area shall be considered the same as the floor area for the propose of calculating off- street parking requirements, setback and lot coverage regulations. R. New and used autombiles, major recreational equipment and mobile here sales or rentals with accessory services; subject to the following restrictions: 1. All outside areas nihere merchandise is displayed shall be paved; 2. All ingress and egress points to abutting streets shall be marked clearly and placed not closed than one hunderd fifty (150) feet apart of the sane street; 3. All servicing and repair activities except gasoline pins shall be located in an enclosed structure; 4. There shall be no storage of junked or wrecked automobiles other than teiporary storage, which shall be in an enclosed area, and the vehicles shall not be visible from outside the property; 5. Ingress and egress points shall not be placed so as to endanger pedestrian traffic. 638.05 ACCESSORY USES AND STRUC VRCS Custamiry accessory uses of one or more of the principal uses, clearly incidental and subordinate to the principal use, in keeping with the intense canrercial character of the district are permitted. 16 MICROFILMED 3.14.80 r (38) 38.07 SPECIAL EXCIMO,NS PMnSSIBLE BY BOARD OF ADJUS -M Public utility uses and rights -of way. B. Veterinary hospitals and clinics providing that the following conditions are art. 1. All areas used for boarding or tatporary housing of animals shall be catgtletely enclosed unless appropriate safeguards are constructed to control objectionable odors and /or noises, as determined by the Board of Adjustment; 2. Any area used for boarding or tengrorary housing of aniauls shall be buffered from all adjacent properties by a visual screen, meeting the specifications of Chapter 639 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. 17inimn Lot Area: 15,000 SQ. FT. 2, Minitmm Lot width: 100 Fr. 3. Miniimrn Lot Depth: 100 Fr. 4. Maxiimm Lot Coverage: 2514 5. Minimm Floor Area: 1,000 SQ. Fr. 6. Maxirmm Height: 25 Fr. 7. Minimum Building Setbacks: Fran any street: 40 FT. Interior side: 25 Fr. Rear: 15 FT. B. Other ABnitmm Setback from any Property Line: Putup Islands: 25 Fr. . Canopy: 20 Ff. IMICROFILMED 3.14.80 • ' (39) 638.07 (Cont.) Signs, portable or fixed: 15 Fr. Storage Tanks: 15 Fr. And in addition, underground storage is required for all receptacles for combustible materials in excess of fifty-five (55) gallons. 9. Curb cuts: The number of curb cuts or driveways shall not &—ce—cH (2) for each street frontage. Such curb cuts shall be a maxima of thirty (30) feet wide and shall be located no closed to any intersection than twenty-five (25) feet and no closer to any rear or side lot than fifteen (15) feet. Curb cuts and driveways shall be con- structed according to City specifications. 10. he service station shall be erected or located within one hundred fifty (150) feet of the property line of any church, hospital, school or park. 11. A visual screen, meeting the specifications of Chapter 639 shall he provided along any property line abutting a residential district. 12. Services and sales permissible include only the following: (a). Sale and servicing of spark plugs, batteries and distributor parts; (b). Tire servicing and repair, but not recapping or regrooving; (c) hose, fanlbellts,,tbrakeufluid, ligheabulbsl,esfuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like; (d). Radiator cleaning and flushing, repairs including removing of tanks or recoring of radiators, not- withstanding the provisions of this paragraph, requ iremnts as set forth in the Southern Standard Building Code, including Section 505 shall be complied with, as well as the Occupational Safety and 11calth Act. Ic r MICROFILMED 3.14.80 • (40) 630.07 Cont.) (e). Washing and polishing, and sale of autootive washing and polishing materials; (f). Greasing and lubrication; (g). Providing and repairing fuel purrs and lines; (h). Minor servicing and repair of carburtors; (i). Wiring repairs, notwithstanding the provisions of this paragraph, requrianents as set- forth in the Southern Standard Building Code, including Section 505, shall be complied with as well as the Occupational Safety and Health Act; (j). Adjusting and repairing brakes. (k). Minor motor adjustments not involving removal of the head or crankcase or racing the motor; (1). Sale 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 customs, provision of restrocm facilities; (n). Die rental of moving or travel trailers and trucks, notwithstanding the provisions of this paragraph, requirements as set forth in the Southern Standard Buildinn Code, including Section 505, shall be complied with as well as the Occupational Safety and Health Act. (o). Major mechanical repairs performed only within the confines of the service station building;, (p). Uses permissible at a service station do not include body unrk, straightening of body parts, painting, welding (other than minor repairs), storage of autamobiles not in operating condition, or other work involving noise, glare, funs, smoke or other characteristics to an extent greater than normally found in service stations. A service station not a major repair garage nor a body shop. 0 N • h MICROFILMED 3-14-80 H - (40n) 638.07 (Cont.) E, Places in which goods are produced and sold at retail upon the premises; F. Vocational and trade schools not involving operations of an industrial nature; G. Abbile hane parks, subject to the provisions of Chapters 0;1.61 and 641.63; H. Marinas. MICROFILMED 3.100 VPRDHIBrfED USES AND STRUCTURES esidential uses, except as specifically permitted. B. Dlanufacturing activities, transportation terminals, storage, warehousing and other activities of a similar nature; C. All uses not specifically or provisionally permitted herein; any use not in keeping with the intense commercial character of the district; D. Any use which fails to meet "Performance standards" specification of Chapters 639.13 in inclusive; E. Automotive repair establishment which provide body work, upholstery or painting services; F. Drive -in theatres, theatres, book stores, and photographic studios. 638.11 AREA AND DDENSION REGULATIONS: C -2 Minimum Lot Area: 5,ODO SQ. Fr. and in addition, the ratio of gross floor area to lot area shall not exceed 2.1:1.0. Minimum Lot Width: Minh= Lot Depth: Maximum Lot Coverage: Minimum Floor Area: Mhaximmm Height: 1H HMI SEr Front: Side Interior Lot; Side Comer Lot: Rear: 50 Fr. 100 Fr. 75% 300 SQ. Fr. 40 Fr. lACK REQUIRI?fl•Nffi: C -2 25 Fr.. None; 25 Fr. when abutting a residential zoned district. 25 rr. 10 Fr. MICROFILMED 3.14-80 (42) 638.13 IAMCAPING AND SCREQ4IING Defined in Chapter 639 (Supplamntary District Regulations) of this ordinance. 638.15 OFF- STREET PARKING AND ACCESS Off- street parking and access to a public or private street shall be provided in accordance with Chapter 639. 638.21 T -1: TOURIST DISTRICT The provisions of this district are intended to apply to an area which will be a major tourist attraction and destination. The type of uses penitted and other restrictions are intended to pramte this type of developmnt and protect it from incompatible uses that would be detrimental to the orderly growth of the area. 638.23 PRI14CIPAL USES AND STRUCTURES A. Multiple feadly dwellings, motels and hotels, provided however, that in no case shall there be more than fifteen (15) dwelling units for multiple family or thirty (30) rental units for motels and hotels per net residential acre. D. Eating establishments provided, however, that in no case shall there be a seating capacity of less than two hundred (200). C. Office buildings, studios, clinics containing at least twenty thousand (20,000) square feet of area. D. Cammrcial amusamnt enterprises such as bowling lanes, aquariums, and skating rinks; provided, hover, that the use is enclosed within a soundproof building.. E. Private clubs, health or athletic clubs or salons. F. Financial institutions. G. Parks and playgrounds. 11. Parking lots and garages, including commrcial facilities. MICROFILMED 3.14.80 I* 638.25 ACCESSORY USES AND STRUMU-9 A. Customary accessory uses of one or more of the principal uses clearly incidental and subordinate to the principal uses, in keeping with the tourist character of the district are permitted.. R. 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 outside the principal building. Such accessory uses may include, but not necessarily limited to: antique shops, art galleries, automobile rental, confectionary, ice cream or coffee shops, eating and drinking establishments, florist, furrier, gift shop, jewelry, 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 two hundred (200) seat minimum capacity. 638.27 SPECIAL. E%CEMONS PEMMISSABLE EY MEET ET OF ADRISDF.Nr A. Educational institutions. E. hospitals, convalescent hams, nursing homes. C. Fishing piers, fishing tackle, bait and equipment stores. D. Tourist oriented sales and services such as but not necessarily limited to: antique shops, art gallery , automobile rental, confectionary , ice cream or coffee shops, drug and sundry shops, delicatessen and food shops, florist, furrier, gift slop, jewelry store, laundromat, laundry and dry cleaning pickup stations, luggage store, millinery, newsstand, personal services, shoe store, sporting goods store, wearing apparel store, wig shop. E. Public utility uses and rights -of -way. F. Establishments dispensing alcoholic beverages, 0 MICROFILMED 3.14.80 Y -- - - -... (44) • 638.27 (Cont.) G. The Board of Adjustment may approve an outdoor camicrcial recreation and /or nnmcmnt enterprise activity within the Tourist District (T -1) as a special exception provided the applicant has fully coaplied with the application procedures as outlined in Chapter 645.21, and furthenrore, satisfies the following specific conditions: 1. A statamet fully describing the intended recreation/ mtusatent activity, names of the principals (owner, manager, .etc.) and the designer /architect /engineer, current zoning classification and any existing permits, variances, or other similar legal circumstances in effect on the site, a catplete and full legal description, and a vicinity map slowing relationship to all abutting streets and properties of separate ownership. 2. The intended activities shall not constitute a public nuisance to residents of the City nor shall they have a detrimental impact upon surrounding property of separate ownership. 3. No animals shall be confined within the activity area except more such facilities are of a zoological nature acceptable to and tenet the rules /regulations of the Florida Fresh Water Fish and Game Commission. 4. Agricultural pursuits such as livestock grazing and crop cultivation shall not be permitted. However, agricultural products may be displayed during an activity involving a non -sale competitive shooing of miscellaneous products, i.e. a fair. 5. Recreational or amusement activities stall not snit noise exceeding the permitted sound levels as outlined in Chapter 639.21. Types of noise shall be limited to sounds which are of a musical variety or have typical urban characteristics. 6. Hours of operation shall be provided. The Hoard of Adjustment reserves the right to limit hours of operations dependent upon the type of activities and the noise characteristics. the Planing and Zoning Board shall recd mend to the Board of Adjustment approval or disapproval of submitted hours of operations, the latter to be accompanied by hours of operation which the Planning and Zoning (bard considers acceptable and reasonable with • respect to the proposed activities and their noise characteristics. MICROFILMED 3.14 45) "' A 638.27 (Cont.) A one hundred (100) foot buffer strip shall encircle the recreation /anwscment activity and shall be suitably landscaped. T em his one hundred (100) foot depth requirent for the buffer strip may beireducedtuponh1eePimM Planning by the Planning and Zoning ontile thorough intended activities and review hesir of f tile acLivi.ty ty Boards conducts a f' area. Within the buffer strip, a plant and /or structural inrheight shall � dptile least buffer(stripet except for street openings. Newly planted screen shall meet the height and opaqueness requirements within twelve (11) maths of planting. 8. Parking: Parking requirements shall be calculated based on the penmitted capacity of the facility and the nurber of ca ployces. At least one and one -half (1:.) parking spaces shall be provided for every three (3) employees. 'lice nunber of parking spaces for the public spaces for the public shall be one fourth (1/4) of the applicant's estimated capacity of the activity area or the permitted capacity as determined or adjusted by the Planning and Zoning hoard upon rerru menutations by the Building Official, City Planner, Fire Chief, and Police Chief. 9. All structures shall be built in conformance with the Housing and Building Codes of the City. A taTorary structure such as a circus tent may be approved for n thirty (30) day period provided the Fire Chief inspects the tent and certifies that it meets the requirements of the National Fire Prevention Code. 10. No activities will be permitted uMch, in the opinion of the Board of Adjustment, after recomendations or cements by the Building Official, Police Chief, Fire Chief, City Planner, indicates that a potential nuisance, danger, threat, or hazard exists to the general health, safety, merals or %welfare of the public. 11. To permit a comprehensive review of these conditions and the requirements of Chapter 645.21, five (5) copies of a site plan of engineering g containing a graphic of all of tile r1 (h) A tabulation of certain data shall be provided: - gross acreage percent of area covered by structures surface - percent of area covered by impervious - nunber of proposed parking spaces; (i) Location and dimension of all existing and proposed P traffic circulation facilities, sidewalks, bikewnys, and curbs and gutters; q) location and dimension of all existing and proposed parking areas and loading areas; (k) Location and dinensions of all existing and proposed fire hydrants, subsurface powereandstelephonenlin sewer ; lines, and (1) Location, size and design of landscaped areas, including existing trees; (m) Lo tion and to the of an area any natural water bodies within a r1 CJ MICROFILMED3.14.80, -... -. _... _..__._._... -- .._.. ._ ( �6) • 638.27 (Cont.) (a) Name, address, and telephone number of owner, as applicable. designer, architect and engineer, (b) Proposed nvne or title of Project:; (c) North arrow; scale not less than one inch (1") equals fifty feet (50') ; and date prepared; (d) description of the a for which the exception is applied; (e) s Of location , dimensions, and legal des riptionarea each reservation, enscmot, to be dedicated to public use; (f) bearingiand l reproduce Sufficient length of on the site the locations, -every street, line, lot line, boundary line and straight, as applicable; Section Lines whother curved or (g) Accurate location and description of all vonunents and markers; (h) A tabulation of certain data shall be provided: - gross acreage percent of area covered by structures surface - percent of area covered by impervious - nunber of proposed parking spaces; (i) Location and dimension of all existing and proposed P traffic circulation facilities, sidewalks, bikewnys, and curbs and gutters; q) location and dimension of all existing and proposed parking areas and loading areas; (k) Location and dinensions of all existing and proposed fire hydrants, subsurface powereandstelephonenlin sewer ; lines, and (1) Location, size and design of landscaped areas, including existing trees; (m) Lo tion and to the of an area any natural water bodies within a r1 CJ MICROFILMED 3.14.80 (47) 638.27 Cont.) (n) All structures and mijor features fully dimensioned including setbacks and distance between structures; (o) Location and dimension of all trash /solid waste disposal sites for placanent of protable receptacles; (p) Iingineering in plans to include: 1. Drainage Plan: The drainage Plan shall indicate: - one foot (1') interval contours based upon coast and geodetic datun. - Proposed finished elevation of each building site and first floor level. - All existing and proposed drainage control and trettment facilities, includinL the methods) for non - point pollution source treatment, with sizes, grades, and other appropriate structural or non-structural specifications. - Proposed orderly disposal of surface water runoff. - Centerline elevations along adjacent streets. 2. If deared necessary by the City, subsurface conditions within the site area, including the location and results of tests made to ascertain the conditions of subsurface soil rock, and groundwater, and the existing depth of groundwater. 3. Typical cross - section of proposed grading, . streets and sidewalks, swales, retention ponds /lakes, canals, and waterways. 4. Proposed type of pavarcnt in accordance with specifications outlined in Cape Canaveral subdivision regulations. 5. Layout of water distribution, sanitary sewer and storm drainage system and sidewalks, streets, bulkheads, street wvvne signs, and adequate lighting. 10 9 N MICROFILMED 3.14.8p (48) 638.29 PROHIBITED USES AND 3 RUCfURIS A. Residential uses except as specifically permitted herein. B. All uses not specifically or provisionally permitted herein; any use not in keeping with the tourist character of the district. C. Drive -in theatres, theatres, book stores, and photographic studios 638.31 AREA AND DDFNsION REGULATIONS: T -1 Minimn Lot Area: Minim m Lot Width: Mininrtm Lot Depth: Maximn Iat Coverage: 14vdmm Height: Miniman Living or Floor Area: Multiple Family: 6,000 SQ. Fr. 50 Fr. 120 Fr. 4(A. 60 Fr. Efficiency: 450 SQ. Fr. One Bedroom: 850 SQ. Fr. I%m Bedroom: 1,050 SQ. Fr., plus 200 SQ. Fr. for each additional bedroom Pbtels, Hotels: Floor area shall be 300 SQ. FT. Other than above: per rental unit. 600 SQ. Fr. MINDUI SETBACK REQUTRI?=. : T -1 Front: 25 Fr, plus 2 Fr, for each 10 IT. of building height or increment thereof over 40 IT. Side Interior lot: Side Corner Int: Rear: s 15 Fr. plus 2 IT, for each 10 IT, of building height or increment thereof over 40 Fr. Same as front. 20 Fr. plus 2 Fr. for e-.ch 10 Fr. of building height or increment thereof over 40 Fr. I* n LJ MICROFILMED 3.14•8p (1,9) 638.33 LANDSCAPING AND SCREENING Defined in Chapter 639 (Supplementary District Regulations) of this ordinance. 638.35 OFP- STRC6T PARKING AND ACCESS Off- street parking and access to a public or private street shall be provided in accordance with Chapter 639. 638.41 M -l: LI(Iir INDUSTRIAL AND RESEARCH AND DEVEIAPMW DISTRICT 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 development, distribution and other industrial functions. Restrictions herein are intended to minimize adverse influences of the industrial activities. All uses permitted in this zone shall be contained in an enclosed structure. 638.43 PMCIPAL USES AND STRUCTURES The following uses and structures are permitted provided any use or group of uses that are developed, either separately, or if developed as a unit with certain site Liprovarents shared in cannon, are developed on a site of five (5) acres or less: A. General offices, studios, clinics, laboratories, data processing and similar uses. B. Engineering, laboratory, scientific and research instrumentation and associated uses. C. PIanufacture of: 1. Instruments for controlling, measuring and indicating .physical characteristics; 2. Optical instruments and lenses; 3. Surgical, medical and dental instruments and supplies; 4. Ophthalmic goods; 5. Watches, clocks, clockwork operated devices and parts; OFILMED y (50) � 3.14-80, 6118.43 nt.) w l 6. Photographic equipment and supplies; 7. Jewelry, silvenmre, plated ware; B. Musical instnments and parts; 9.. Toys, amusements, sporting and athletic goods; 10. Radio, 1V, phonograph and electronics instruments and part's; 11. Pens, pencils and other office and artist materials; 12. Costume jewelry, costume novelties, buttons and notions; 13. Other similar uses. D. Eating Establishment. 638.45 ACCESSORY USES AND STRUCIURPS A. Retail sales of products manufactured, processed or stored upon the premises. B. Customary accessory uses of one or more of the principal uses, clearly incidental and subordinate to the principal use in keeping with the light industrial and research and development character of the district. 638.47 SPECIAL PXCEIMONS PFU IISSIBI.E BY BOARD Or ADJUS 01r A. Public utility uses and rights -of -way. B. Radio and television studios, broadcasting towers and antennas. C. Establishanents dispensing alcoholic beverages. D. After public notice and hearing, the Board of Adjustment may permit special exceptions ubich are caryntible to permitted uses and ubich are able to meet the minimin requirownts and pedotmancc standards as set forth in this zoning district. 0 n MICROFILMED 3.14.80 (51) 638.49 PRORIBITED USES AND STRUCMim A. Residential uses. B. hotels, hotels, boarding and lodging houses. C. Autambile wrecking yards, junk yards, scrap and salvage yards for secondhand building materials. D. Churches, private clubs and lodges. E. Retail and other camcrcial establishments except as specifically permitted. F. Open outside storage of materials. C. 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. H. Any use deemed objectionable by the standards established in Chapter 639 (Performance Standards of this ordinance. 638.51 AREA AND DDIENSION REGULATIONS: M -1 Mininwn Iot Area: 10,000 SQ. FT. Miniimm Lot Width: 75 IT. Minimxn lot Death: 100 Fr. hlaxiaun Iot Coverage: 507. Minimum Floor Area: 300 SQ. FT. hiaxiaRm Height: 40 FT. MIDIDM SETMCK REQUIREr IM M -1 Front: 25 Fr. Side Interior Iot: 15 IT, except where industrial property abuts a residential district in which case the miniman side interior lot shall be 25 I•T. Side Corner Int: 25 Fr. Rear: 15 FT, except where industrial property abuts a residential district in which case . the minimum rear yard requiranent shall be 25 h'r. MICROFILMED 3.14.80 0 (52) 638.53 LANDSCAPIIIG AND SCRIM-1r. Defined in Chapter 639 (Supplementary District Regulations) of this ordinance. 638,55 PERImmVE SmPAI DS Defined in Chapter 639 (Performance Standards) of this ordinance. 638.57 PARKIAG AND LOADING Defined in Chapter 639 (Off- Street Parking and Loading Regulations) of this ordinance, 638.61 M -2: LIGILr MMUSIMAL AND WAREIMUSING DISMCr 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, warehousing, distribution, wholesaling and other industrial functions. Restrictions herein are intended to minimize adverse influences of the industrial activities. 638.63 PRINCIPAL MES MID ST M URES The following uses and structures are permitted provided any use or group of uses that are developed, either separately, or if developed as a unit with certain site improvements shared in camon, are developed on a site of five (5) acres or less: A. General offices, studios, clinics, laboratories, data processing and similar uses. B. Engineering, laboratory, scientific and research instrLuentation and associated uses. C. Manufacture of: 1. Instruments for controlling measuring and indicating physical characteristics; 2. Optical instrunants and lenses; 3. Surgical, medical and dental instrunents and supplies; 4. Ophthalmic goods; • 5. Watches, clocIm, clockwork operated devices and parts; 0 MICROFILMED 3.14.80 (53) 638.63 (Cant.) 6. Photographic equipment and supplies; 7. Jewelry, silverware, plated ware; 8.. Musical instruments and parts; 9. Toys, amnnaments, sporting and athletic goods; 10. Radio, TV, phonograph and electronic instruments parts; 11. Pens, pencils and other office and artist materials; 12. Costume jewelry, costzme novelties, buttons and miscellaneous notions; 13. Other similar uses. D. Eating establishments. E. WarvlwusLig and wl-,olesaling including refrigerated storage; outside storage areas shall be walled on all sides. F. Service and repair establishments, welding shops, dry cleaning and laundry plants, printing plants, taxidermists and similar uses. G. Light manufacturing, processing and assembly, such as precision manufacturing, electrical machinery, bottling plants, dairy products, plants, bakeries, fruit packing and similar uses. B. Building materials supply and storage; contractor's storage yard except scrap materials. Outside storage areas shall be effectively walled on all sides. I. Automotive, major recreational equipment and mobile home sales, storage and repair establishments, such as body shops, dry docking facilities, tire recapping paint shops, upholstery shops and the like. J. Fmight handling facilities; transportation terminals. K. Vocational and trade schools, including those of an industrial nature. • L. Public and semi - public uses, including those of an industrial nature such as treatment plants, equipment storage and garage. MICROFILMED 3.14.80 s (54) 638.65 ACCESSORY USES AND SPRUOIU U.'S A. Retail sales of products manufactured, processed or stored upon the pranises. B. Not sere than one dwelling unit for occupancy by owner or mployees of the principal use. C. Custan3ry accessory uses of one or pore of the principal uses, in keeping with the industrial character of the district are permitted. 638.67 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD Or ADJUMOTr A. Public utility uses and rights -of -way. B. Radio and television studios, broadcasting towers and antennas. C. Service stations, subject to the provisions designated in C -1. D. Veterinary hospitals and clinics, subject to the provisions designated in C -1. E. Establishments dispensing alcoholic beverages. F. After public notice and hearing, the Board of Adjustment may permit special exceptions %,bich are compatible to permitted uses and which are able to meet the mininnm requirments and perfona3nce standards as set for in this zoning district. 638.69 PROHIBITED USES AND STRUMIMM A. Residential uses, except as provided under accessory uses. B. pbtels, hotels, boarding and lodging houses. C. Automobile wrecking yards, junk yards, scrap and salvage yards. D. Churches, private clubs and lodges, public schools. E. Retail and other emmercial establislunents except as specifically or provisionally permitted herein. F. Above ground storage of liquified petroleun products. • G. All uses not specifically or provisionally perndtted herein; in keeping indu. any use not with the ^,trial character of the district. MICROFILMED 3.14.80 (55) 638.6X (Cont.) H. Any use deemed objectionable by the standards established in Chapter 639 (Performance Standards) of this ordinance. 638.71 AREA AND DDMSION REGULATIONS: M -2 Minimun Lot Area: 20,000 SQ. Fr. and in addition the ratio of gross floor area to lot area shall not exceed 2.0:1.0. Mininun Lot Width: 100 TT. Minham Lot Depth: 150 TT. Maxinnm Lot Coverage: 757. Miniam Floor Area: 900 SQ. Fr. Maxie m Height: 40 Fr. MINDIDi SEMCC REQUIR4FE M M -2 Front: 35 Fr. Side Interior lot: 0 Fr., except where a district (other than residential) requiring such setback, such use will provide the score setback as required for the abutting district; where an industrial use borders a residential district, the setback shall be 35 Fr. Side Corner Lot: 35 TT. Rear: 15 IT.; 10 Fr, %Alen abutting an alley; 35 TT.when abutting a residential district. 638.73 FAUNDSCAPnr AND SCREENUM Defined in Chapter 639 (Supplementary Regulations) of this ordinance. 638.75 PERM MLM)M- SIANDMW Defined in Chapter 639 (Perfornnnce Standards) of this ordinance. • 638.77 PARKIM AND LOADING Defined in Chapter 639 (Parking and Loading Regulations) of this ordinance. MICROFILMED 3.14.80 (56) s 638.81 M -3: GfjoiAL INDUSTRIAL DITMGr The provisions of this district are intended to apply to an area located in close proximity to transportation facilities and which can serve general mumufacturing, storage, distribution and other general industrial functions. Restrictions herein are intended to minimize adverse influences of the industrial functions. Restrictions herein are intended to minimize adverse influences of the industrial activities. 38.83y PRINCIPAL USES AND SM=URES The following uses and structures are permitted provided any use or group of uses that are developed either separately, or if as a unit with certain site improvements shared in common, are developed on a site of five (5) acres or less: A. General offices, studios, clinics, laboratories, data processing and similar uses. B. Engineering, laboratory, scientific and research instrumntation and associated uses. C. Manufacture of: 1. Tnstru ants for controlling, measuring and indicating physical characteristics; 2, optical instruments and lenses; 3. surgical, medical and dental instruments and supplies; 4. Ophthalmic goods; 5. Watches, clocks,,clockwrk operated devices and parts; 6. Phototgraphic equipment and supplies; 7. Jewelry, silverware, plated ware; B. Musical instruments and parts; 9. Toys, amusements, sporting and athletic goods; 10. Radio, TV, phonograph and electronic instrumnts and parts; 11. Pens, pencils and other office and artist materials; • 12. Costume jewelry, costume novelties, buttons and miscellaneous notions; 13. Other similar uses. MICROFILMED 3.14.80 (57) t 638.83 (Cunt.) D. Eating establishments. Warehousing and wholesaling including refrigerated storage; L/ outside storage areas shall be walled on all sides. F. Service and repair establishments, welding shops, dry cleaning and laundry plants, printing plants, taxidermists and similar uses. G. Light manufacturing, processing and assembly, such as precision manufacturing, electrical machinery, bottling plants, dairy products plants, bakeries, fruit packing and similar uses. H. Building materials supply and storage; contractor's storage yard except scrap materials. Outside storage areas shall be effectively walled on all sides by a wall of ornamental block, brick, solid wood fencing or combination thereof and shall be so constructed to restrict any view there through. I. Automotive, major recreational equipment and mobile hone sales, storage and repair establishments, such as body shops, dry docking facilities, tire recapping, paint shops, upholstery shops and the like. J. Freight handling facilities; transportation terminals. K. Vocational and trade schools, including those of an Industrial nature. L. Public and semi- public uses, including those of an industrial nature. M. Storage of liquified petroleum products providing that all such uses comply with the standards set out in the National Fire Protection Association Code, N. General manufacturing, assembly and processing, such as heavy equipment plants, aircraft manufacture, food processing and canneries, iron foundries and steel fabrication, block and concrete plants, furniture factories, toy factories and similar uses. n • • MICROFILMED 3714.80 (58) 638.85 ACCESSORY USES AND S1RUCnms A. Retail sales of products manufactured, processed or stored upon the promises. B. Not sere than one AmIling unit for occupancy by owners or omhployces of the principal use, C. Customary accessory uses of one or more of the principal uses, in keeping with the industrial character of the district are permitted. 638.87 SPECIAL L•- IMONS PMIISSIBLE BY BOARD OF ADJUS'n- Tr A. Public utility uses and rights -of -way. B. Radio and television studios, broadcasting towers and antennas. C. Service stations, subject to the provisions designated in C -1. D. Veterinary hospitals and clinics, subject to the provisions designated in C -1. E. Establish=nts diopauine alcoholic beverages. F. After public notice and hearing, the Board of Adjustment may permit special exceptions which are compatible to permitted uses and which are .able to meet the minimum requirawmts and performance standards as set forth in this zoning district. 638.89 PROHIBITED U.SM AND S1RL'MMES A. Residential uses, except as provided under accessory uses. B. lotels, hotels, boarding and lodging houses. C. Automobile wrecking yards, junk yards, scrap and salvage, yards. D. Churches, private clubs and lodges, public schools. E. Retail and other con ercial establishiants except as specifically or provisionally permitted herein. F. All uses not specifically or provisionally permitted herein; any use not in keeping with the industrial character of the district. C. Any use dean objectionable by the standards established in Chapter 639 (Performance Standards) of this ordinance. MICROFILMED 3.1480 (59) 1• 638.91 AREA AND DIDIINSI(IN RMUrATI031S: M -3 Minim n Lot Area; 30,000 SQ. Fr, and inaddition, the ratio of gross floor area to lot area shall not exceed 2.0:1.0. Minimm Int Width: 100 Fr. Minimm lot Depth: 200 Fr. Mvcimm Lot Coverage: 75% Minihmm Floor Area: 1,500 SQ. IT. 14mximm Height: 40 Fr. MITDTIM SLTRACK RFAUIRIlWTS H -3 Front: 50 T.T. Side Interior Lot: 0 Fr.,except ubere a district (other than residential) requiring such setback, such use will provide the same setback shall be 50 IT. Side Corner Lot: 50 Fr. Rear: 15 Fr., 10 Fr. when abutting an alley, 50 Fr. uhhen abutting a residential district. 638.93 LANDSCAPING AND SCRECTMG Defined in Chapter 639 (Supplanentary District Regulations) of this ordinance. 638.95 PERMIZ•ViNCE SrAN6MM Defined in Chapter 639 (Perfo=ce Standards) of this ordinance. 638.97 PARKING AND U)ADTW Defined in Chapter 639 (Parking and Loading Regulations) of this ordinance. 10 1• U _ MICROFILMED 3.14.80 760) 639.01. OIT- STREET PARKIM RMffATIO?IS A. Definition of Off - Street- Pm'k S ace: ror the purposes of this ork ice, a Corm o - street parking space" shall consist of a I— paved area of two hundred (200) SQ. rr. with tsinLmm dknensions of 10 Fr, by 20 Fr. for parking an autonnbile, exclusive of access drives or aisles thereto. B. Requir -nts for Off- StrceC Par There shall be provided al tde twin of— eitT crccuion or vy;e of use of any main building or stnu:hire, or at the time nay main building or structure is enlarged or increased in capacity by adding dwelling units, guest roans, floor area or seats, mininam Off-street autarobile parking space with adequate provisions for ingress or egress in accordance with the following requiranelirs: 1. Auditoriun, Theatres or Other Laces of Assrnd) lY; One Pace or en Free seats, or seat , p ce, or one space for every one hundred (100) SO. Fr. of floor area of the main assanbly hall, thichever is greater. 2. Business or Cartrcrcial Buildings; One space of each fractfract iun re ion thereof. v2 -I i— of`g-gross floor area or 3. Churches, Ta mles or Places of Nbrshi One space for �i our seats or seatuq; p aces, or one space for each one hundred t,mnty-five (125) SQ' Fr. of floor area Of the rain assasbly hall, whichever is greater. 4. Clubs or Lodes: Chic space for each three (3) seats or seat 8 p aces, or one space for each one hundred (100) SQ. Fr. of floor area of the rain assebly hall, whichever is greater. 5. Ilospitals: TWO spaces for each patient bed, 6. Libraries, nisevaq: Off- street parking spaces equal in area to , of tiu floor area open to the public. 7. Manufact'!F ry and Industrial Uses; One space for each a ayee on ie argest wvrung mift, 8. Pledieal or Dental Clinics: Three (3) spaces for each extmiination or or LTeaU_=_C roan p us one (1) space for each aryployce. 9. I•brtuaries: One (1) space for each five (5) seats or seating p aT ces; ` exclusive of areas needed for mnbulances. 14. Restaurants or Other Fatin�Places: One (1) space for each ree seats or seating p aces. 15. Raaninp, Boardinp Houses: One (1) space for each bed. 16. Schools: (a). Colleges, technical and vocational . schools: space 'or ea h student. (b). Ili.h School: One (1) space for each two (2) stucents. (c). Junior ilspa„ Eper cl�, Kindergarten, ti ffP.; ( space per c assroan, plus one space :or each administrative office. 17. Transient 1oc in facilities: One space for each sleeping unit, p us one space or nx ve sleeping units for employee parking. 18. All Other Uses: To be determined by the Building Official atdhe tt=i y of Cape Canaveral, who shall use the above ratios as a standard for detenning the requirement. C. location of Off- Street Parking Spaces: 1. Parldnp spaces for all residential uses shall be located on the sane property as the main building to be served where feasible, unless othenAse stipulated elsmhere in this Ordinance, except that one -half (1/2) da total nmUer of required spaces for multipin - family dwellings, townhouses, and nubile hams may be located in a camm� parking facility hat' more than two hundred (200) feet distant from the nearest boundary of the site. MICROFILMED 3.14.80. -� (61) ' • 639.01 (Cant.) 10. Nursing or Convalescent Manes and Sanitari.hm:: one (1) spec —for each our i patfent1 —ecfi 11. Office and_ Professional Buildings (excluding medieal anTlkntal CTimcs One space Lor cacti tlircc himdicd (300) 5iF'7T o grf ss 6or area. 12. Public Buildings: One (1) space for each five (5) seat's or seating places, or one space for every one hundred fifty (150) SQ. fE of floor area in the ruin assembly roan, whichever is greater. 13. Residential Uses (inciuting Single, 1W and Multiple is FTU nd Mab .s,ai.le llanes): Iwo spaces PORECmr]i Living unit. 14. Restaurants or Other Fatin�Places: One (1) space for each ree seats or seating p aces. 15. Raaninp, Boardinp Houses: One (1) space for each bed. 16. Schools: (a). Colleges, technical and vocational . schools: space 'or ea h student. (b). Ili.h School: One (1) space for each two (2) stucents. (c). Junior ilspa„ Eper cl�, Kindergarten, ti ffP.; ( space per c assroan, plus one space :or each administrative office. 17. Transient 1oc in facilities: One space for each sleeping unit, p us one space or nx ve sleeping units for employee parking. 18. All Other Uses: To be determined by the Building Official atdhe tt=i y of Cape Canaveral, who shall use the above ratios as a standard for detenning the requirement. C. location of Off- Street Parking Spaces: 1. Parldnp spaces for all residential uses shall be located on the sane property as the main building to be served where feasible, unless othenAse stipulated elsmhere in this Ordinance, except that one -half (1/2) da total nmUer of required spaces for multipin - family dwellings, townhouses, and nubile hams may be located in a camm� parking facility hat' more than two hundred (200) feet distant from the nearest boundary of the site. MICROFILMED 3.14 .80 (62) 639.01 (Coat.) 2. Parking spaces for other uses shall be provided on the same lot or not rare than five hundred (500) IT . distant. 3. parking requiransats for two (2) or more uses of the same or different types, may lie satisfied by the allocation of the required nunber of spaces for each use in a cammn parking facility, but in no event shall an individual parking space be allocated for more than one use. 4. Required off-street parking areas for five (5) or more automobiles shall have individual spaces marked, and shall be so designed, maintained, and regulated that no parldng or maneuvering shall be on any landscaped buffer, public street, calk, or alley, and so that any autambile may he parked ,n,parked without moving another, allowing however, a driveway or driveways of not Tmre than twenty-four (24) Ff. total on any street or alley for ingress or egress to said off - street parking area. 639.03 OIT- S1R[:Cr ILAIDT r A. Rcquiranants for Off- Street Loading Spaces: 1. Every permitted use requiring the receipt or distribution by vehicles of materials or merchandise and having a floor area of ten thousand (10,000) SQ. Fr. or nnrc, shall have at least one (1) permanently maintained off - street loading space for each ten thousand (10,000) SQ, 1T. or fraction thereof of gross floor area. 2. Single - occupancy retail operations, wholesale and industrial operations with a gross floor area or less than ten thousand (10,000) SQ. Fr. shall provide sufficient receiving space on the property sous not to hinder the m7VCment of vehicles and pedestrians over a sidewalk, street or alley. B. Location and Dinensions of Off- Street Ioadinr Space: Load , S ace: Each space shall have direct access to an alley or street an shall have the following minimun dima,sions: • the 45 LT. lz rr. ITcirjit; 14 Fr. MICROFILMED 3.14.80 (63) J 639.05 IKM OCCUPATIONS 639.07 PEIII•1El'IED IKM OCCUPATIONS Customary home occupations uhich are incidental to the permitted residential use shall be allowed in any district which permits hone occupations. Permitted have occupations shall be personal service occupations of a domestic crafts or professional nature, such as: Dressmaking Millinery, Sewing, Tailoring, Weaving, rurnitvre Repair, Washing and Ironing, Carpentry, TV or Rmdio Repair, Watch Repair, Imo, Phnufncturer's Agent, Architecture, Medicine or Dentistry. Engineering, Real Estate, Insurance, Accounting, Notary Public, Teaching Clergy, Writing, Painting, Music, Photography. Any hone occupation vhich is determined by the Building Official, by its nature and requirements, to be similar to one of those above listed, shall be permitted as a home occupation, provided such hone occupation complies with all home occupation provisions of this ordinance. 639.09 IMIF OCCUPATION RE.QUIRR•EWS A. llaw occupations are permitted within the confines of any dwelling unit, provided all restrictions of 639.09 are complied with. B. The primary use of the building shall retain residential and the operator of the home occupation shall retain a resident thereof. C. No structural additions, enlargements, or exterior alterations changing the residential appearance to a business or commercial appearance shall be permitted. D. Cw haw occupation shall occupy an area greater than twenty -five (25) percent fo the first floor area of the cwelling unit, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. No roans ndnich have been constructed as an addition to the residence, nor any attached garage or porch ubich has been converted into living quarters, shall be considered ns floor area until two (2) years after the date of completion thereof. E. No additional and separate entrance incongruent with the residential structural design shall be constructed for the purpose of conducting the how ocoypation. n 0 10 MICROFILMED 3.14.80 (64) 639.09 (Cunt.) F. The lame occupation shall be conducted entirely within the dwelling unit used as the residence; it shall not be conducted in an accessory building. O. For single family, duplex or to rehouse structures no display of goods or external evidence of the base occupation shall be pennitted other than one (1).non- illtmitated nmm plate, not exceeding two (2) SQ. Fr. in area, uhich may be displayed affixed flat against the exterior surface at a position not tore than ttn (2) FE distant from the main entrance of the dwelling unit concerned. For structures housing nulti- family or mixed uses, no external evidence of the home occupation shall be permitted. H. tb person other than mcabers of the family residing on [he premises shall be engaged in such occupation. I. No provision for off- street parking or loading facilities, other than the requiresents of the cwelling district in uiufch the use is located, shall be permitted. Occupations which generate greater volumes of traffic than would normally be expected in a residential neighborhood are prohibited. J. lb stock in trade or canodities, other than those prepared, produced or created on the pradses by the operator of the home occupation, shall be kept or sold on the pranises. K. No motor prner other than electric motors shall be used in conjunction with a home occupation. The total horsepower of such rotors shall not exceed three (3) horsepower, or one (1) horsepower for any single motor. L. No equipmnt or process shall be used in a hone occupation which creates noise, vibration, glare, firms, or odors, detectable to the normal senses off the lot. No equipnrnt or process shall be used which creates visual or audible interference in any radio or television receivers, or causes fluctuation in line voltage outside the dwelling unit. No home occupation shall interfere with the reasonable enjoyment- of adjoining or nearby dwelling units or properties. MICROFILMED 3.14=80 • 619.11 OCCIIPATIOFW. LIMNSP RP IRM- Permitted home occupations shall colply with the City of Cape Canaveral Occupational License Tax. 639.12 OARACF. SALES the non- eamiercial sale of privately owned items at retail from a residential premises, cannonly (mown as a garage sale (or yard sale), shall comply with the following regulations: A. Hours of sale shall be restricted to daylight hours. B. The sale may continue for two (2) periods of not less than three consecutive days each. The ro (2) periods of sale shall be separated by a minima of four non -sale clays and the total sale days be completed within fifteen (15) consecutive calendar days. C. Yards shall be cleared of saleable item on all non -sale days. D. Subsequent garage sales conducted on the same promises by the same household are pennit'ted one hundred eighty (180) days after the close of the preceeding such sale. E. A siLm specifying a garage or yard sale may be displayed on I e premises of the sale on sale days only. Such sign shall not exceed four (4) SQ. IT. in size. P. The person in charge of the sale shall insure that autenotive vehicles of potential or actual customers do not interfere with pedestrian or vehicular traffic in the vicinity. 639.13 PI.30101 1 IC6 STM'MARDS 639.15 APPLICATION OF PERPOR.IMICE STANMMS A. Any use, building, structure, or land developed, constructed or used for any pemdt'ted principal use, or any use pennissible 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 protion or portions of such use, building, or other structure. MICROFILMED 3.14.80 • (66) ..� 639.17 AMMID71MMU MID IMURCITUT17 OF PI:R TWMIC1, STANI1+UtD5 Upon emplai.nt to the Building official that an apparent- violation in meeCiry; due Performance Standards exists, the holder of the Certi.fieate of Occupancy for the buildimy; in %Aiich the alleged violation originates must furnish the Building official with a certified statdnment by a registered engineer that proper nensurenilts have been rode and chat the alleged violation does or does not exist. If such violation does mist, it shall be rectified subject to approval by the Building Official. All costs incurred in the above procedure shall be home by the holder of the Certificate of Occupancy for the building udrich was the subject of the campinint. If the alleged violation occurs in a vacant- building or a portion of a building udtich is unoccupied, or on property odsnAse controlled by the comer thereof, such owner shall be responsible in lieu of the holder of a Certificate of Occupancy. 639.21 WISE STANDWS A. Db person shall, within the limits of the City of Cape Canaveral, create or cause to be created, any unreasonably loud, unnecessary or disturbing noise. A noise shall be deoned to be unreasonably loud and a violation of this ordinance under the following circumstances: 1. Any sound radiated for continuous or recurrent periods, from any prrnuises that produces sound pressure levels of any point on the property line of said premises or adjacent dA.rlling unit, in excess of the follawing "A" Scale Limits slaw meter response, measured in decibels: "A" Scale Limits District Day Niphrt Residential 65 60 Business 75 70 Industrial 80 75 2. Any sound emanating fran the construction or demolition of buildings or structures, or from the maintenance or construction of streets or higlmays, having a sound pressure level higher higher than ninety (90) decibels mmasured frau a distance distance of fifty (50) Pt froin the place of the action, or if due source of the sound is on private property, measured from the nearest property line. r _ + MICROFILMED 3.1440 • (G7) 639.21 (Cont.) 3. Any noise of an ittgnulsive or imennittent character, such as Itatmering, stamping; or forging operations, or gunfire, which produces sound pressure levels in excess of the follaoing "A" Scale Limits, fast mover response, measured in decibels at a distance of fifty (50) Fr., or at the nearest property line, tdnichever is closer: District Day Niriht Residential 70 60 Business 80 70 Industrial 85 75 The michrophone used to measure tio loudness of a noise shall be placed at any point on the property line or a point fifty (50) Fr. distant from the noise being mmasured, no closer Chan five (5) Fr. from the wall, not less than four (4) Fr. above the ground and at riglit angles to the noise source. Sound pressure levels shall be measured with a sound lc,el mover having an "A" weighted measuring scale manufactured according to the American National Standards Institute ANSI Standard S 1.4 -1971, which has been calibrated in accordance with ANSI Standards 4. See City of Cape caiaveral Noise Ordinance 639.23 ShDKC AND PARMITAIE MN UR STANDIMMS A. nuiranents: The wwunt of particulate natter resulting from motel or other sources permitted in anbie:t air nhall not exceed two hundred (200) nilligran-a per cubic per cubic tinter during any twenty -four (24) hour period of continuous mmisurement. B. Method of Wasur sent: The attnunt of particulate m-Itter present in an aunt air shall be measured by a high - volum smgtler, ca able of. pulling approximately thirty (30) to fifty (50) cubic feet of air peruninute through a pre- wrifhted filter, and approved for use by the Florida State Department of Pollution control. C. Iacational R uirenents for Measurement: Tlne amount of part cu ate nncCor snail bL nnasure at the property lines of the use from wilich such particulate matter is emitted. D. In Cho event that a high volume smtghler is not available, every use shall be so operated as to prevent the emission of smoke from any source udatever, to a density greater than described as Nunbcr 1 on the Ringlemaa Sttnke Chart, provided hoacwer, that mroke equal to but not in excess of that shade of appearance described as Nhenber 2 on the Rity;lanaa (hart may be emitted for a period totaling four (4) minutes in any thirty (30) minutes. = l -MICROFILMED 3.14.80 • (6B) 639.23 (Cont.) Por the purpose of grading the density of smnke, the Ringlenva Chart, as published and used by the lhiited States Bureau of Mines, and %Aiich is hereby made, by reference a part of these regulations, shall be the standard. All mcasummnts shall be at the point of emission for this period of imasuramnt. 639.25 ODOR SfANi1VWS A. cRequ�iiranenits: All uses shall be controlled to prevent the amissron oof odorous gases or other twitter in such quantities as to be objectionable or offensive at the specified points of mcasurarcnt. B. Method of Mensurmient: A noxious concentration shall be cane to the po ht at ulilch the threshold of smell can be achieved. C. locational Requirm>ent: Noxious odors shall be imasured as specified at mhy point Lmenty -five (25) Fr. in radius fran the point of origin. 639.27 'IIDXIC G1SGS, FUSS, `4=0 AND i'41TrEP, A. All uses shall be controlled to prevent the discharge of any toxic gases or muter in such quantity that stay endanger the public health, safety or welfare, or cause damage or injury to other property or uses. B. Locatiomnl Requiromnt: Mcasurmient shall be made at point Tilrsclharge rot' otric atirosphere. 639.29 VIBRATION SMMVW A. Re uirownts: All uses shall be controlled to prevent the t'au smrs:h on of any vibration, fran any source or at any tiara whatever, that exceeds the m-txinrau displacturnt set forth in subsection (D) belao. B. Picthod of Measurmrnt: the displacanent of earth caused by vii>ratron s a be measured in inches by an appropriate instrument approved by the City Council upon recamhendation of the City ILhgincer. C. Location Rmr�uui�rmient•: Vibration slall be measured as specified a o�tThc borm7i.Heres of the site. • MICROFILMED 3.14.80 0 639.29 (Cont.) D. Permitted Vibration Trammissions: Prcnp'ncy (Cycles per Second) 0 t 10 10 to 20 20 to 40 Over 40 (69) Div:inm Permitted Displacancnt Along the Preporty Line (in inches) .0008 0005 .0002 .0001 639.31 GLARE AND LIGIrrUr. STAN@1RDS Any lighting elements or structural materials installed on n site shall be prevented Fran 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 requiring some means of preventing the transmission of glare or light beyond the site's boundaries are established according to the relationship between (a) required minimum elevation of the lighting clement or structural material above the final grade established along the nearest site boundary, and (b) distance of the lighting element or structural mterial fran the nearest boundary. As set forth hi the folluA ng table, uluu�ids ur unterials belm the mitniniuu elevation required of each distance shall be shielded or otherwise screened to prevent transmission of light or glare beyond the site: Distance fran Required Minh= Elvation Site Boundiry (for Lighting Sources or Elements) 50 root 20 Peet 60 root 19 Feet 70 Peet 18 Peet 80 Feet 17 Feet 90 root 16 root 1D0 root 15 Fect 639.33 Ell -M LAG rIC RADIATION A. Requirawnts: All uses shall be controlled to prevent any source of electromagnetic radiation which does not comply with the current regulations of the rederal Canmmications Conmission regarding such sources of electrtanagnetic radiation. J • r— MICROFILMED 639.35 NEAT AND IILk1IDI17 3 -1480 (70) Any use Producing humidity in the form of stemn or nnist air, or Producing heat, shall be carried on in such a manner that: scomn, hunidity or hint is not Perceptible to the average Person using his normal senses at any lot line. 639.37 FOC AIM WIDSION Gads use shall be so operated as to minimize the danger from fire and explosion and to corynly with the fire regulations of the NFTA. 639.39 RADIATION IRZARDS Applicable standards of the Florida State Board of Health Sanitary Code are hereby adopted. 639.41 STW..Nt POI.LUfANIS No effluent shall be discharged into any strewn or watemay unless meeting state standards. Discharges into the-City of Cape Canaveral sewerage system shall be ns approved by the City Gngincer. 639.43 SLR'PLITQMTvTARY DISIRICP WiGUTATIONS 639.45 BUDDING SMUNC- LIhti3 A. All properties within the city limits of Gape Canaveral which abut the follmaing roads shall maintain these minimum building setback lines: 1. Ili,im AIA (Portions known as North Atlantic Avenue and trennnC lv . a. Setback on cast side from southern city boundary north to North line of Section 23, 24, 37, will be fifty (50) feet from highway right -of -way, and setback on cast side from south line Me. 14, fovnship 24, Range 37 to northern city boundary shall be seventy -five (75) feet fan the higheay right -of -way. b. Setback on west side of AIA firm southern city boundary to northern city boundary shall be seventy-five (75) feet from tine highway right -of -way. 2. North Atlantic Avenue (that oKtion of North Atlantic Avenue also nodmn as Palm vcnuc. Setback, each side, from its intersection with %%roe Avenue to the Northern City Boundary shall be fifty (50) feet fran the right -of -way. MICROFILMED 3.14.80 • (71) 639.45 (Cont.) 3. Riuli,c.00d Avenue Setback, each side, fran the southern city bouutvy to the northern tem bum of Rit4;mAod Avenue shall be twenty -five (25) feet from the right -of -way. B. On the Atlantic Ocean, the setback shall comply with do State coastal construction setback. C. In determining the setback requircnrnts for any building proposed to be erected, to setback requirements herein above shall be construed as a mininmmu setback, and if a greater sediack is required under any of the zoning districts, then such greater setback requirements shall be enforced.. 639.47 ERI"CCION OF MORF. 711AN'ONE PRINCIPAL. S1Rt1C=- ON A IAT In any dirstrict, except R -1 or 1.11 -1, mere than one structure housing a penni.tted or permissible principal use'mry be erected on a single lot, provided that setback and odor requirements of this ordinance shall be mat for each structure. In an R -1 or 411 -1 zoning district only one prinripal structure per lot shall be permitted. Distance Between Buildings 20' for first ho stories 25' for first three stories 30' for first four stories And two (2) additional feet for each story above four. 639.49 Sf. TACK MXROAMM US Every part of every required setback shall be open and unobstructed fan 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 eighteen (18) inches into a required setback. B. 1.bvnblc awnings my project not over three (3) feet into a required setback. C. Chinaeys, fireplaces or pilasters my project not over tto (2) feet into a required setback. MICROFILMED 3.14.80 • (72) 639.49 (03_71. ) D. Fire escapes, stairwys, mid balconies which are rnuoofed and unmrclosedurcry project not over five (5) feet into a required rear setback or not over three (3) feet into a side setback and shall not project into a required front setback of a multiple dwelling, hotel or maLCl. E. hoods canopies, or marquees noy project not over three (3) feet in i a required setback. F. Fences, walls and hedges shall be permitted in required setback subject to tla provisions established herein. G. Accessory parking mry be located in a required front, rear or side setback for single family dwellings and a am family rhmIling. I1. In the Commercial and Industrial zoning districts, required off- sLrect parking space may be located in the front. setback, except that no parking shall be permitted within ten (10) feet of the front lot line. I. Other than listed above in G and H, no required landscape butter shall be used for any parking space or bnckout area. J. Open, enclosed 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 setback area. 639.51 ACCISSORY MUCIUU:s No accessory structure shall be Created inany required front or side setback :rod shall not cover more than 307, of any required rear setback. No separate accessory structures shall be erected within ten (10) feet of any building on the sane lot nor within fifteen (15) feet of any lot line and shall not exceed mwcnty-four (24) feet in height. Holmver, lots with a one or h u family residence only may erect one (1) additional accessory structure per wit, not to exceed one hundred (100) squire feet with m -xLmnr bright of ten (10) feel' if detached; or thirty -Lim (32) square feel' with naxiaun height of ten (10) feet if aLtachod, in rear SeLback. Accessory buildings shall be constructed simultmrcously with, or following, the construction of the nnin buildh4;. No home occupation or business mry be conducted in an accessory building. No accessory building which contains living quarters shall be built on any lot ill any residential district. 0 MICROFILMED 3.14.80 (73) 639.53 VISTIMITY AT TIMILSI:CrIONS On a corner lot in any district, nothing shall be erected, placed, planted or allowed to groan bet✓cen a height of two and one -half (21.) feet and ten (10) feet above the centerline grades of the intersecting streets in the triangular area bounded on two sides by the street right -of -way lines, and on the third side by a straight line drawn between two points on the street right -of -way line located twenty -five (25) feet fran the point of the intersection of the street right -of -way lines. 639.55 rrNCES, IN.IS Ala) IIEDGES Notwithstanding other provisions of this ordinance, except as specified in Chapter 639.53 fences, walls and hedges may be permitted in any required setback or along the edge of any 10t line provided that in any residential district, no fence, wall or hedge along any side lot line, or back lot. line shall be over six (6) feet in height nor over four (4) feet in height along any front lot line. 639.57 MEPTIONS 11) IUTarr REGULATIONS the height Unttations contained in the Schedule of District Regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chianeys, elevator equipaknt, air conditioning or other necessary equilxmnC roma usually required to be placed above the roof level, and not intended for human occupancy. 639.59 STRUMMrS 10 IIAVE ACCESS Leery building shall be on a lot fronting on a public street or on an approved private street or with legal access to a public street, and shall have a safe and convenient access for servicing, fire protection and required off - street parking. All lots upon winich structures are built shall have a minimum access width of fifteen (15) feet to a public right -of -way or in approved private right -of -way. See 645.O3,C. 639.61 IACATION oI' miCRP1u iam AND CAviw. MuI err mm Imvmr, OR wl"VR;y rulu'ubts A. IIo person shall occupy or reside in any travel trailer, emmer trailer, camper (truck twunted), notor travel home 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 (truck umurted), nntor travel hmr a or tent in any space other Min a duly licensed and approved trailer panic as aforesaid, • shall be required to secure written permission frmm the building Official. All such pennits issued under this section shall be for a tamghorary period (not to exceed fifteen (15) days) and shall expire at the thmo desigmmted in the pennit. 'Ibe building; Official shall ascertain Lunt pennissinn of the land owner has been given for the location of such ujuiparnt thercon prior to issuance of said taipou :ary pennic. MICROFILMED 3.14.80 (7h) 639.61 (Cont.) C. Nothing contained herein shill be deemed to prevent, or prohibit, or mike unlawful the parking of any of die aforementioned recreational or canpffig equipnent in the yard of any resident wi.dnin the City. Ahem such equiPtnent is awned by the Omer or tenant of such residence and not used for hunan Ivibitati.on or carrying on a business. 639.62 LIVING AI.OARD IMIS Any boat moored or parked within one hundred (100) feet of the shoreline within the City limits of Cape Canaveral shall not be used as a residence for a period exceeding fifteen (15) days unless certification is given to the Building Official that any discharge fznm said boat meet applicable Federal regulations. 639.63 PARKING AND SMRAGC OF CIMAIN VCHICI S A. Autxmtivc vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially :zoned property, other than in completely enclosed buildings. Any autamtive vehicle not in running condition shall not be parked or stored on any residentially stoned property for a period exceeding; bevchty-Gao (72) hours, ether than in oonpletely enclosed buildings. Automotive vehicles or trailers of any kind shall not be stored or parked on any vrcant lot unless the folla dng conditions are net: 1. Consent of the lot aner. 2. Current license plates displayed on vehicle or trailer. 3. Vehicle or trailer shall be in operable condition. B. Construction trailers located on a construction site may be used as an office and /or a work trailer. Use of these trailers as living quarters is expressly prohibited. In each case, mid for every trailer, tmporary penults shall be required. the tenporary permits shall be limited to ninety (90) days with ninety (90) (lay extensions permitted subject to the need thereof as determined by the Building Official. No taspnrary trailer permits shall be issued prior to issuance of construction permit /s. • MICROFILMED 3.1480 (75) 639.65 MIND -Ul 1.7117Dh 01' COMS the miniamrn width of a court shall be thirty (30) feet for one -story buildings, forty (40) feet for tkm -story buildings, and sixty (60) feet for four -story buildings. Por every five (5) feet of height over forty (40) feet, the width of such a court shall be increased by two (2) feet, provided that open unenclosed porches may project into a required court not imre than twenty -five (25) percent of Use width of such court. Nominal insets in the building facade of six (6) feet or less shall be except from the udninnm width requirrnient. 639.67 INEM AMAS All areas within the City which are under water and not shown as included within any district, shall be subject to all the requironents of the district which isnmdiately adjoins or abuts the water area. If the water area edjoi m two or nnre districts, the boundaries of each district shall be construed to extend into the water area in a straight line as projected until they intersect a projected line fran other district: boundaries. 639.69 LANDSCAPING AND SLIM-MM FOR CUMMCIAL AND IALiD.01TArM, lTv2.'1)Slii Whatever the boundary of a commercial or industrial zoning district abuts upon a residential zoning district, a visual screen shall be provided within the required setbacks of such commercial or industrial zoning district, meeting the following specifications: A. Such visual screen shall be provided along the entire length of the connarcial or industrial zoning boundary uMeh abuts upon any residential zoning district. B. Such visual screen shall consist of decorative or ornamental fencing and /or decorative or ornamental trees and shrubs, designed and placed in a manner rendering such visual screen at least eighty (80X.) opaque, within a period of mma (2) years after such screen is provided, and shall be not less than four (4) feet in height nor snare than six (6) feet in height. C. Landscaping area for parking areas of nnre than ten (10) spaces shall ccasprise at least 10X, of the total parkbig area, and shall consist of islands of grass, hardy shrubs or evergreen ground cover. D. All areas not paved shall be landscaped with grass, lardy shrubs or evergreen ground cover. •E. Location of screening and landscapist', and subsequent maintenance shall be subject to Use approval of the Building Official. MICROEILMED 3.14.80 (76) 639.71 SIlu1OE DISPOSAL. No budlding permit shall be issued unless provisions are included to connect into the City. savage collection systrvu, and until the County Health Ucpartmcnt verifies that the plans for water and sewer facilities cogrly with the Florida State Health Wparumnt regulrmtioils. 639.73 SIMT-11M, POOLS AND t•:KCIASURIS Soimning- pools, open and uncnelosed, or covered by a screen enclosure, may occupy a required rear or side yard provided they are not located closed than five (5) feet to a rear lot line, or ten (10) feet to an interior side lot line. A walk space at least eil;htcen (18) inches wide shall be provided between pool walks and fences or screen enclosure walks. Every winming pool shall be protected by an approved safety barrier and congnly with the Swimming Pool Code or the Southern Building Code Congress. 639.75 M- IICLHAR USE AFh%S All cannercial and industrial areas used for the display or parking, of any and all types of vehicles, boats or heavy construction eiluilmsnt, and all land upon tdrich vehicles traverse the property as a function of the primary use, including; but not limited to drives, parld.ng, service and display areas, shall be paved. 639.77 AM-nC FITRCY ;:SUS All aromic energy uses shall meet the standards established by an have the approval of the Florida State Board of Health and the Atomic 1}erly Commission. In addition, such uses shall require the approvel of the City Council u.hich shall act only after receiving written recommeaulations from the City Fngincer and the Planning and Zoning Board. 639.79 B=INC REQUIRED All camercial uses shall provide at least the minimntn size building required for the district in 0nich the use is to be located. Said building shall contain plumbing facilities adequate to serve slur_ need. of the customers and unployees of the cauereial use. 639.81 STDI.18A1R.S iWl UIRED Construction of sidewalsk shall be required in conjunction with the construction of any building on a property abutting a City Street. Construction of said sidewalk; shall be empleted prior to the issuance of a Certificate of Occupancy, and the costs of construction shall • be borne by the property a,mer. Construction of sidrwalkS shall be in accordance with City specificatiars. 639.83 (142USlm) 639.85 (MtJSI.D) MICROFILMED 3.14.80 r_....__ (77) ..r • 639 DEDICAMD PUNI.TC LAM Dedicated public streets, walkways, alleys or weessilays shalI not be closed or relocated as part of or in conjunction with any private development schane. 641. SCHEDULE' OF SPECIAL MCIUMONS PITHISSTBLE BY MID UFP— MmTsstt- : L VII.01 FSMILTSILI NIS SWING AIMIIOLIC BLIAMACE.S A. Establislnsents which shall require a Special INception by the Board of Adjustment are those licensed by the Florida Beverage Ikpartment for the purpose of penniLting Lila dispensing of alcoholic beverages, mother for on- practises consmiption or for package retail sales. In consideration of a Special r=Cption application, the Board of Adjustment shall not approve the application unless it is totally consistent with all of the conditions as set forth above, and also the folloaing conditions: 1. The establishment shall not be within three hundred (300) feet of any existing church, school grounds or playgrounds; measurmic nt shall betaade fran the main entrance of the establishment to tae closest lot line of the church, school erownds or pl;ryt;cuuuus by fullmiug Cho shortest ruuLe to ordinary pedestrian travel along the public thoroughfare, street: or road. 2. Ilia establishment of a vendor license by the Florida Beverage Department pemdtting on- pranise consuctption of beverages shall not be located within two thousand (2,000) feet of another establishment so licensed: The specific distance shall be measured following the shortest . route to ordinary pedestrian travel along the public thoroughfare, street or road fran the main entrance of the establishmnt to the train entrance of another establishment - (s)similarly licensed by the Florida Beverage Department. 3. Package retail sales of alcoholic beverages for carryout shall coulply with Al, A4 mid A5; C and E, and B, 3, a hereof only. 4. Parking: One (1) parking space shall be provided for each three (3) seats or scating places; all seats or seating places, ninether located within a restaurant area or a bar /lotage area, will be included in Line calculation of the required nmber of parking spaces. • Package retail sales establishnents shall provide parking as determined by the Buildhy Official of Line City of Gape CanavLral, vino shall use the ratios established in Clapter 639. MICROFILMED 3.14.80 (78) —1 G�S.O1 (Cant.) 5. Each application for a Special Exception shall he accorTanied by a vicinity map, a site plan map and a building floor plan. 'Ibe Vicinity map shall be drawn at a scale of 1" = 400 feet and shall indicate the following infomution. a. The outer boundary of the vicinity nap shall be at least to thousand -five hundred (2,500) feet fran the centroid of the proposed establishment's property. b. Location of all existing public streets between the proposed establishment and other establislamnts and land uses as described in sub - paragraphs 1 and 2. C. Location of all existing churches, school grounds, or playgrounds which are within the vicinity map area with specific distance(s) to the proposed establishmnt affixed per sub - paragraph 1. d. Location of all establishments licensed by the Flnrida Flrvernge 4:partment (including package retail sales), uhich are within the required - vicinity mip area with specific distance(s) to the proposed astablishmnt affixed per sub- paragraph 2. C. Existing zoning for all properties within three - hundred (300) feet to the property of the proposed establishent shall be indicated. Me site plan map shall be drawn at a scale not less than one (1 ") = one hundeed (100') and shall indicate the following infommtion: a. Location and dimnsion of the proposed . establislimit's property lines, all existing and proposed structures, driveways, parking spaces and ingress /egress points. b. The following informtion shall be presented in tabulated form: - nunber of parking spaces - nunber of restaurant seats - number of bar /lounge seats • - building arm - lot area The buildinr floor plan stall be of a scale of not less than 1 18" - l' and shall detail room layouts and exits. MICROFILMED 3.14.80 • 641.01 (Cont.) B. Exceptions to the requirement of paragraph A 2 are: 1. Restaurants seating two hundred (200) or more; 2. Hotels and motels with fifty (50) or more guest roams; 3. Restaurants licensed by the Florida Beverage I)epartment for molt beverages only or malt beverages and /or wine only, provided the following conditons are complied with: 1s a. Seating capacity of the establishinent shall be at least- fifty (50) or more for restaurant: purposes only; no area within the establishncnt may be specifically designed for a bar /lounge operation; b. Wine or malt beverages shall be served with meals only; C. Consutgrtion of food and malt beverages or wine shall be ten- premise only; however, food carryout without said alcoholic beverages may be petmitaed; d. Fifty (50) percent or more of inane shall be from the on- promise consunption of food; periodic scorn statements acccmpnnied by appropriate sales records shall be submitted to the City Clerk, at time periods and in a form set by the Beard of Adjustment, verifying the major source of income is consistent with the requirements of this paragraph; c. Sale or consutghtion of tualt beverages and /or wine shall be limited to the time period between 7:00 A.M. and 12:00 P.M. midnight. C. The Special Exception may be subject to cancellation by the Board of Adjustment if the Board finds that the establishment has been deleterious to the health, safety, welfare and norals of the public and that all laws pertaining to the establishment's operation have not been cahµhlied with. D. The Special Exception shall be limited to apply to the licensee listed by the Florida Beverage Dopartmcnt only. E. For on- premise consumption of liquors, restaurants or cocktail louhges shall have a minintnn building area of tan thousand (2,000) square feet and a seating capacity of one hundred (100) patrons. I• n MICROFILMED 3.14.80 (s0) 643 1JXALLY MARLISIED NON- OXWORMr. Mils, N0N -OONM- R-TINo 643.01 INfINP Within the districts established by this ordinance (or nmendhrnts which may later be adopted), there exist lots, structures, placement of structures, uses of land and /or structures, and dmracteristics of use which were lawful prior to enactment of this ordinance (or amcndrnt hereof), but which would be prohibited, regulated, or restricted under the terms of this ordinance (or wcndncnt hereof). It is the intent of this ordinance to permit these non - conformities to continue, but not to encourage their continuance. Such non- conformities are hereby declared incompatible with permitted lots, structures, placement of structures, uses and characteristics of use in to applicable districts. It is further the intent of this ordinance that non - conformities shall not be used as grounds for adding other structures of uses prohibited elsewhere in the same c t. . 3.0 N0N- OD%TDR:.jL1Z.^. lMS Or RCODRD In any sd strict in u nch s ng Tamily dwellings are permitted, notwithstanding limitations imposed by other provisions of the ordinance, a single family dwelling and customary accessory buildings may be erected, constructed, repaired, enlarged, ratehded, rebuilt, LUWnsLIuacd or structurally altered on any single lot of record at the effective date of adoption or shencl=n: of this ordinance. Such lot- must be in separate a.,nership and not of continuous frontage with other lots in the same ownership in the same zoning district. 'Ibis provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that maximm lot coverage requirements, building setback lines and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. B. If two or more lots or conMnatioms of lots and portions of lots wita continuous frontage in single arhership in the same zoning district are of record on August 4, 1971, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used which does not nret lot width and area requirements established by this ordinance ' nor shall any division of the parcel be made leaves ruining any lot with width or area below the requiremnts in this ordinance. MICROFILMED 3.14.80 (8DA) 643.05 NON -ODIFO V -11INi Sni0C ud';S Micre a lawful structure 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 coverage, height, setback, or other characteristics of the structure or its location on the lot, such structure my be continued so long as it remains otherwise lawfully subject to the following provisions: A. Such structure may not be enlarged or altered in a way which increases its non - conformity, but any structure or protion thereof my be altered to decrease its non - conformity. Should such structure be destroyed by any mans to an extent of more than 50'/, of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance. - n U MICROFILMED 3.14.80 �. (81) 643.05 (Cent.) C. Should such structure be moved for any reason for any distance ubatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved. D. Where a lawful dwelling structure, looted on a single lot of record, exists at the effective data of adoption or amendnent of this ordinance that could not be build under the terns of this ordinance, such structure may be repaired, enlarged, extended, rebuilt, reconstructed, or structurally altered, provided that setback dimensions, maximum lot coverage requiremnt, building setback lines, and other requirets of the additional structure conform to the regulmnations for the district in which such lot is looted. Any additional construction (to an existing structure that encroaches on setback requirements) must- conform to the setback requirements of the zoning district. Any legally established encroachment on setback requirements nuy be repaired, rebuilt, reconstructed, or structurally altered, (but not enlarged or extended) provided the encroaching portion of the structure is an integral part of the structure. 643.07 NDN- OD:LNP:.^.. "r� USES A. Icon- Conforming Uses of land: In any zoning district, at the effective date of adoption or amendment of this ordinance, there lawful use of land exists that is made no longer permissible tinder the terms of this ordinance as enacted or amended, and where such use involves no individual structure with a replacement cost exceeding $1,000.00, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: 1. No such non - conforming use shall be enLmrged, increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amndment of this ordinance; unless such use is changed to a use permitted in the district in tAnicn such use is located. 2. No such non- conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance. 3. If any such non - conforming use of land ceases for any reason for a period of more Omit ninety (90) consecutive days, any subsequent use of such land shall conform to the regulations specified by thin ordimance for die district in which such land is located. MICROFILMED 3.1480 (82) 0 643.07 (Cont.) 4, bb additional structure h- lri.ch does not conform to the requirements of this ordinance shall he erected in connection with such non - conforming use of land. B. Non- Confonnin Uses of Structures or of Structures and I ramsea matron: If a lawful use involving individual structures or of structures and premises in canbination (with a replacomnt cost of one thousand ($1,000.00) or sore per individual structure), exists at the effective date of adoption or amendment of this ordinance, that would not he allowed in the district under the terns of this ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. No existing structure devoted to a use not pennitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, move or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. 2. fury non- confuniung use may Le extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendnent of this ordinance, but no such use shall be extended to occupy any land outside such building. 3. Any structure, or structure and land in ccuMnation, 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 non - conforming use may not thereafter be resumed. 4. Mien a non - conforming use of a structure, or structure and promises in combination, is uiscortinued or abandoned for six (6) consecutive nunths or for eighteen (18) months during any three (3) year period (except when govennneiit action in4)cdes access to the premises); the stneture. or structures and premises in canbination, stall not thereafter be used except in confommnce with the regulations of the district in which it is located. 5. Where non - conforming use status applies to a Stneture • mid promises in cahihination, remval or destruction of the structure shall eliminate the non - conforming status of the land. lustrvction for the purpose of this subsection is defined as hinge to an extent of mare than fifty (507) of the replacement cost at time of destruction. `J MICROFILMED 3.14.80 (83) .. 643.07 (Cant.) 6. Ilia following . schedule shall be followed in terminating non - conforming use of structures or of structures and premises, except- for residential uses.. Such termination period shall connkase August 4, 1971. Assessed Valuation of Time Allowance Improvements Tarndnnti.on $1,000.00 - $2,499.00 5 Years 2,500.00 - 4,999.00 10 Years 5,000.00 - 9,999.00 20 Years 10,000.00 - 24,999.00 30 Years 25,000.00 - 49,999.00 40 fears 50,000.00 - Over 50 Years Non- conformities not involving the use of a principal structure or accessory buildings, e.g. open storage, building supplies, implement and machinery storage, .junk yards, commarcial animal yards and the like, shall be discontinued within thirty (30) days of adoption of this ordinance. 7. Any new or additional use which is oon- coufuumhhg shall not be permitted. 643.09 REPAIRS A, \'D MINFEKIVNC8 On any building devoted in wfiole or in part to any non - conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non - bearing walls, firtw.es, wiring oc phmbing to an extent not exceeding ten (IM.) of the cw-rent replacement value of the building, provided that the cubic content of the building as it existed at the time of passage . or amencimraht of this ordinance shall not be increased; slid provided, further, that such repair or replacement shall not affect [he "assessed valuation -time allowance before temination" setting the time limit for conformity, set forth in Section 643.07, B, 6. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official Barged with protecting to public safety, upon order of such official. 643.11 STRUCIURRS AND USES APPW %q'D BY SPECIAL ERCEITION • A special Exception is not depend non - conforming. Any structure or use for which a Special Exception is granted as provided in this ordinance shall be dcuned, as to that particular Special Kxception, to have all the rights and privileges of a conforming hoe, restricted, however, by the terns of that specific Special haception as granted. li • MICROFILMED 3.14.80 643.13 VARTMICE A variance is a relaxation of the terns of the zoning ordinance where such variance is not contrary to the public interest and where conditions peculiar to n specific property indicate a hardship under the ordinance. Each variance is authorized only for height, area, structure size, setbacks and open spaces. Pstnblislment or uses 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 in an adjoining zoning district. Variance shall be obtained only through action of the Board of Adjustment. The specific terms of each variance are binding and miy not be changed except by a new variance or by reversion to conformity with this ordinance. 643.15 MIPORARY USES The casual, intermittent, tatporary 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 validated by the adoption of this ordinance unless it complies with the terms of this ordinance. 645 ARdIh_ISTRATIOP MID INN- RCDM - BUII.DUr PERdIT'S AaU CI: UMI-6711'ff N--5 "('CCr XT-- — 645.01 The Building Official, under the supervison of Clio City Manager or Deparmmnt' Read duly delegated and appointed by the City Manager, shall administer and enforce this ordi.t>imce. lie may be provided with assistance of such other officers and atployees 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 die person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. Ile shall order discontinuance of illegal murk being done; or shall tnlce any odor action authorized by this ordinance to insure canpliance wilt or to prevent violation of its provisions. • MICROFILMED 3,td',80 (85) • 645.03. BUILDING PERMITS REQUIRED A. No building or other structure shall be erected, moved, added to or structurally altered without n penlL issued by the Building official. No building penniL shall be issued except in conformity with Lhe provisions or this ordinance and Section 106 of the Southern Standard Building Code, except after written order from the Board of Adjusucnt in the form of an administrative review, Special Jixception or Variance as provided by this ordinance. B. The issuance of a permit upon plans and specifications shall not prevent the Building Official from thereafOr requiring the correction of errors in said plans and specifications, and requireing the correction of building operations being carried on thereunder to conform to corrected plans and specifications, when in violation of any City ordinance. C. No permit shill be issued for a building or use on a lot or parcel, in any land use classification, that does not abut on a public street; or an approved private street or easement dedicated and accepted by the City; providing legal access to a public street. 645.05 APPLICATION FOR BUMMIG PEDUT A. All applications for building parmits for any structure and its accessory buildings shall be accompanied by five (5) copies of a structural drawing at a scale acceptable to the Building Official, showing the following; 1. 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 water courses and water bodies; 2. The exact dimensions and locations on the lot of proposed and existing buildings; 3. Ilia dimensions of the proposed buildings or alternations; 4. The location and layout of the proposed saacragc system; 5. The required paring spaces, loading and unloading spaces; maneuvering space and openings for ingress and egress; • MICROF( NED" (86) 3.1480 645.05 (Cunt.) 6. 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 flad over or through the area. 7. Such other information as lawfully may be required by the Building Official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the nuiber of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot, and such other matters as my be necessary to determine conformance with and provide for the enforcement of this ordinance. B. All plans, other than single and two- fa residences, shall be revicwed by the following department's, based on conformity with requirements, 1. City Engineer 2. Building Ikparuiunl 3. Planning aid Zoning Ward Chairman 4. Chief, Fire Deparnment 5. Florida Deparumnt of Natural Resources. (All phases calling for buildings located on the Atlantic Ocean and Banana River are to be reviewed by this Department.) C. Ilia Building Official shall transmit the applicable copies to the various City Department Heads or the Chairman of various boards involved, for their review and camment, within twenty -four (24) hours of filing. The review by the Deparunents listed in 645.05 B, shall include, but not be limited to the following areas: To insure that the size and spacing of water mains and fire hydrants are adequate; to insure that an orderly and safe traffic flow is permitted within the site; and that no traffic problems are created by the proposed ingress and egress routes; that the plans provide adequate • parking; to insure that the plans coTly with the Southern Standard Building Code and all other applicable codes and stantLards winich the City has enacted by ordinance or resolution. MICROFICMED 3.1480 - -'(A7) _. d • 645.05 (Cont.) D. The City Fngincer shall review the plan to insure that sanitary, drainage, paving, and grading facilities are adequate, and other review as may be requested by the Building Official. E. The Planning and Toning hoard Cihairnan shall review die plan to see that it is in conformance with the zoning ordinance. F. The fire Department Chief shall review the plan to assure that adequate fire protection is provided. C. Within two (2) weeks from the time said plan is received by the various department heads and chair nn of the various boards, they shall submit in writing to the Building Official, a report stating conditions of coapliance to applicable requiranents. H. Based upon these reports, the Building Official shall approve, approve subject to conditions, or disapprove the plans. Upon approval, or approval subject to conditions, an appropriate building permit shall be issued. If one Or more of the five (5) deparuieuLs listed in B above should disapprove a plan, the Building Official shall not issue a building permit therefore until all conditions of colpliance are met by the applicant. I. Three (3) copies of the plans shall be returned to the applicant by the Building Official, after he shall have marked such copies either as approved or disapproved, and attested same by his signature of such copy. The original copy mid one additional copy of the plan, similarly marked, shall be retained by the Building Official. J. In the event any of the above department heads or board dai>.men are not available to review said plans, the acting department head or vice - chairman shall have the authority to review plans in their behalf and submit the required report, or otherwise delegate said authority to review, as he any dean adequate. 645.07 CERTIFICATE OF OCCUPANCY PSQLrIRED No land or building or part thereof hereafter erected or altered in its use or structure shall be used until the Building Official shall have issued a Certificate of Occ pmlcy stating that such • land, building, or part thcrcof, and the proposed use thereof are found to be in confornity with tike provisions of this ordinance. r 4 MICROFILMED -14.80 0 645.07 (Cont.) Within three (3) clays after notification that a building or praniscs, or part thereof, is ready for occupancy or use, it shall be the duty of the Building Official to mike n final inspection thereof and to issue n cerificnte Of Occupancy if the land, building or part thereof and the proposed use thereof are found to conform with the provisions of this ordinance, or, if issuance of such Certificate is refused, to state such refusal in writing with the cause. A temporary Certificate fo Occupancy tnay be issued by the Building Official for aperiod not exceeding six (6) aronthn during alterations or partial occupancy of a building pending its canp].et-ion, provided that such tmgtoraly Certificate may require such conditons and safguards as will protect the safety of the occupants and the public. 645.09 TD-ES AND CONDITIONS OR BUIIDIM PERtiIT The expiration date of the building permit shall be in accordance with Section 106.3 of the Southern Standard Building Code, asnwnded. 645.11 .CONSTRUCTION AND USE TO BE AS PROVIDED IN 7d5PilziCP125�TS S- iLi�71I�— AiTUZhtil`>Z•1ICATES Building permits or Certificates of Occupancy issued on die basis of plans, specifications, and applications appro,md by the Building Official authorize the use, arrangement and construction UseY arrangement or in at variance owithnthae authorized shall be deemed a violation of this ordinance. See also Chapter 645.03, B. 645.13 BOARD OF AAIUS11112v'T: ESTARLISI @TENT AND PROCPDUIB, A Board of Adjustment is hereby established, which shall consist of five (5) members slid dv (2) alternate nmtthers appointed by the City Council. Kribors and alternate mulaers of the (bard of Adjustment shall have been residents of the City of Cape Canaveral for at least one (1) year prior to their aPPoinmmlit. Mashers of the initial Board of Adjustment shall be appointed as follaos: TWO (2) mcnbars for a term of two (2) years; Three (3) mrndters for n term of three (3) years; and tro (2) alternate naanbers fora tors of him (2) years. In :addition, tho Chnirmrua of the Planning and Zoning Board, or his duly authorized representative, shall be all Lx- officio manlier of the !bard of Adjustment. 1 • MICROFILMED 3.14.80 (99) 645,15 I'ROCI.7A1I4(:S OF 'IIRi BOARD OF MJUS1l•11•Nr Min 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 Che chairman and at such other times as a nmjority of the Board of Adjusumcnt may determine, the choimmn, or in his absence the acting chai.nnra, may administer oaths and compel Clio attendance of wiCncsscs. All Meetings shall be open to 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 which fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the City Clerk for the Board of Adjustment. 645.17 IXWM OF ADJUS TUr: MFRS MD DUITBS The Board of Adjustment shall have the following powers and duties. 645.19 AIPIINISTRATM- RF.VID4 To hear and decide appeals ainere it is alleged there is error in any order, requirement, decision or determination nude by the Building Official in N.re enforcement of this ordinance. A. Bearings: Appeals, Notice Appeals to the Board of Adjustment may be taken by the City Council the Planning and Zoning Board or by any person aggrieved or affected by any decision of the Building Official in the interpretation of any portion of these regulations. Such appeals shall he taken within a reasonable time not to exceed sixty (60) clays 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 and with the Board of Adjusurrnt a notice of appeal specifying; the grounds therefore. The Building Offical shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken. the Board of Adjustment shall fix a reasonable time for hearing; of the appeal, give public notice thereof at least fifteen (15) days in advance of public hearing, as well as due notice to the parties in interest, and decide do sane within areasonable time. At the hearing, any party nsy appeal in person or by agent or attorney. n u MICROFILMED 3.14.80 (9o) 645.19 (Cont-) B. Stay of Proceeding An appeal stays all proceedings in furtherance of tale action appeal from, unless the Building Official from wham the appeal is taken certifies to the (bard of Adjusunent after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would in his opinion, cause inoinent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order, which any be granted by the Board of Adjusunent or by a Court of Record on application. The restraining order shall take effect on notice to the administrative official charged with the enforcament of this act and from whctn the appeal is taken and on due muse shomn. 645.21 SPECIAL F- MUTIGNS: l9JOMONS GOVERNING APPLICATIONS: PROCL To hear and decide only such Special Exceptions as the Board of Adjustmit is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in detetnining ufiather Special Exceptiuns 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 uduen not in harmony with the propose and intent of this ordinance. 'A Special Exception shall not be granted by the Board of Adjusuncnt unless and until: A. A written application for n Special Exception is subtuitted indicating the section of this ordinance under utuich the Special Exception is sought, and stating the grounds on ubich time Special Exception is sought and stating the grounds on which it is requested. B. All proposed Special Exceptions shill be sudnnittod to the Planning and Zoning Board for study and written recomnendation. Me Board of Adjustment shall consider the recomendation of the Planning and Zoning Board as part of the official record utuean hearing an application for a Special Exception. C. Notice stall be given at least fifteen (15) dys in advance of public hearing. Tie owner of the property for %Mich Special Exception is sought or his agent shall be notified by certified nail. Notice of such hearing shall be posted on the property . for udiich Special hixception is sotu,ht•, at the City Ball, and shall be published in a newspaper of regular circulation within the City of Gnpc Cmuaveral. r MICROFILMED 3.14.80 • 645.21 (Cont.) D. A courtesy notice may be mailed of the property comers of record within a radius of five hundred (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 attorney at the public hearing; the Board of Adjustment shall mike such findings as it is aryawered under the various sections of this ordinance, hut- in no case shall grant a Special Exception that in any way adversely affects the public interest, 645.22 SMITEN FINDINGS: VIOLATION OF SAFECUMMS Before any Special Exception shall be issued, the Board of Adjusm.ent shall nuke written findings certifying ampliance with the specific rules yoveming individual Special Exceptions, and that satisfactory provision and arrangement has been made concerning the follmdng, where applicable: A. Ingress and egress to property and proposed st- uctures thereon with particular reference to autcuoti.ve and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. B. Off- street parking and loading areas there required, with particular attention to the items in A above, and econamic, noise, glare or odor effects of the Special Exception on adjoining properties and properties generally in to district. C. Refuse and service areas, with particular reference to the items in A and B above. D. Utilities, with reference to Inactions, availability and catpatibility. E. Screening and buffering with reference to type, dimensions and character. F. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, econanic effect and compatibility and lanrony with properties in the district. G. Required setback and other open space. • 11. llcight. I. Landscaping. MICROFILMED 3-14-80 (92) 645.22 (Cont.) J. RenLval and /or teT.minntion dates. K. That the use will be reasonable coupatible with surrounding uses in its function, its hours of operation, the type and annunt of traffic to be generated, the building size and setbacks, its relationship to land values and other facts that may be used to measure congmtibility. In granting any Special Pxception, the Board of Adjustment cony prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the tornis under uitich the Special Exceptions is granted, slal.l be denied to be a violation of this ordinance and punishable as provided by this ordinance. 645.23 VARIMCBS: DONDI'ITONS COVIMITv'^, APPLICATIONS: 1'T3 al- )Mips- 7b authorize upon appeal in specific cases such Variance from the teens of this ordinance as will not be contrary to the public interest, %hen odng to special conditions a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A Variance from the terns of this ordinance shall not be granted by the Board of Adjustment unless and until: A. A written application for a Variance is submitted deionst'rating: 1. That special conditons and circumstances exist uMch are peculiar to the land, structure or building involved, and which are not applicable to other lands, buildings or structures in the same district. 2. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights conronly enjoyed by other properties in the svne district under the tenns of this ordinance. 3. That the special conditions and circumstances referred to in 1 above, do not result from to actions of the applicant. 4. That granting the Variance requested will not confer on the applicant ally special privilege that is denied by this ordinance to other land., structures or chxillings in the same district, • No non- confornting use of neighboring; lands, structures or buildings in the smile district, and no penni.tted use of land, structures or bui.ldiry;s in otter districts shall be considered grounds for the issuance of a Variance. MICROFILMED 3.14.80 (93) 645.23 (Cant.) B. All proposed Variances shall be subanit'ted to the Planning and Zoning, Board for study mid written reconwndation prior to subinittal to the Board of Adjusnm mt. The Board of Adjustment shall consider the recamnendition of the Planning and Zoning (bard as part of the official record when hearing an application for a Variance. C. Notice of Public Hearing shall be given as specified for Special Exceptions. D. A courtesy notice any be mailed to the property owners of record within a radius of five hundred (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 Adjusrrcnt shall make findings that tine requirements of A above have been met by the applicant for a Variance. G. The Board of Adjrstm_nt shall further make n finding that the reasons set forth in the application justify the granting of the Variance, and that the Variance is the minimum Variance that will mike possible reasonable use of the land, building or structure. H. The Board of Adjusttwnt shall further make a finding that: the granting of the Variance will be in Iwhnony with the general purpose and intent of this ordinance, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. In granting cony Variance, the Hoard of Adjustment nrny prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, a hen made a part of the torus under which the Variance is granted, shall be deawd a violation of this ordinance mid punishable as provided by this ordinance. Under no circnmsCmhces shall Clio [bard of Adjustnlenegrant a Variance to petnit a use not generally or by Special T',xception permitted in the district involved, or any use expressly or by inplication prohibited by the tens of this ordinance. • MICROFILMED 3.1�AO a 645.25 APPLICANTS All hearings for Special Exceptions or Vnirances before the Board of Adjustttnt shall be initiated by (1) the an'ner or owners of at least seventy-five (75) percent of the property described in the application; (2) tenant or tenants, with owners Darr to consent-; (3) duly authorized agent's evidenced by a written power of attorney; (4) City Council; (5) planning and Zoning Board; (6) department or agency of the City. 645.27 DECISIONS OF ME•. BOARD OF ADJU.SIT Nr In exercising any of the above listed powers, the Board of Adjustment may, so long as the action is in conformity with the terms of this ordinance, reverse or affirm wholly or partly, or may aadify the order, requirement, decision or deter - mination appealed from any may make such order, requircn.nt, decision or determination as should be made, and to that end shall have all of the powers of the Building Offici.al from whom the appeal was taken. The concurring vote of four (4) nenhers of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Building Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the applicitinn of this ordinance. 645.28 REOONSIDMI -ION OF AE14INISTMTIVE REl7M, SPECIAL 1'h=R0TU7F'qMKM When n petition for administrative review, special exception or variance has been acted on by the Board of Adjustment and disapproved or failed to pass, such petition in die soar: or substantially similar form stall not be reconsidered by the (bard of Adjustment for a period of two (2) years. This restriction shall not apply to the property aver if the original request was initiated by any official, department, board or agency of the City acting in an official capacity, or shall not apply to any petition initiated by the City Council. 645.29 APPFIJS TMI THE BOARD OF ADJUSDUTr Any person or persons, jointly or severally aggrieved by any decision of the hoard of Adjustment, or any taxpayer, or any officer, department, board or bureau of the governing body of said annicipality, may present to a Circuit Court a petition for issuance of a Writ of Certiorari, duly verified, setting forth that such decision is illegal, in wbole or in part, specifying to pounds of the illegality in the mrvaer and within the time provided by the Florida Appellate rules. MICROFILMED 3.14.80 (95) 645.31 ZONING ORDTNANCL•' TIM-:RPR1-TATION AND JM.1DRC12.11N1' It is the intent of this ordinance that all questions of interpretation and ehforccurnt shall be first presented to the Building Official, and that such questions shall be presented to the (bard of Adjustment only on appeal frcm the decision of the Building Official, and that recourse from the decisions of the Board of Adjustinent shall be to the courts as provided by law and particularly by Florida Statutes. It• is further the intent of this ordinance that the duties of the City Council in connection with this ordinance stall not include hearing mid deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this ordinee. hhhder this ordinance the City Council shall have only the duties (1) of considering and adopting or rejecting proposed amendmnts or the repeal of this ordinance, as provided by law, and (2) of establishing a schedule of fees and charges. 6145.33 sarmum OF rus, CRARGES AND B)ipmsr —s The following fees and charges in connection with matters pertinent to zoning petitions, zoning ordinance amendnonts, special exceptions, variances and appeals are established: Application for Rezoning $100.00 Proposed Amehdaent /s to Zoning Ordinance 100.00 Application for a Special Exception or Variance 100.00 Appeal of Adsinistrative Decision 100.00 No permit or certificate shall be issued and no inspection, public notice or other action relative to zoning, zoning ordinance amendments, petitions for changes in zoning districts, or appeals, shall be instituted until after such fees, costs and charges have been paid, except in those cases wherein fees are waived as specified in this section. Mien in accordance with the Provisions of this section, a fee is paid and application is filed, there shall be no return or rebate of any funds so received, regardless of the City's det'ennination in the matter involved. All fees, costs and charges, upon collection, shall be deposited In the General Fund of the City. Fees for Zoning Ordinance Anhonchrcnt /s or Appeal of Adninistrative incision /s shall be waived, provided: I 1. The petition . for amandilent or appeal is sponsored by a majority of the City . Council or the 4L planing and Zoning hoard. IQ u MICROFILMED 3.14.80 (96) 645.33 (Cont.) Cahphli. ace with the above render the petition an official City minENt'e for presentation to the Board of Adjusownt or the City Council, as appropriate, for final decision. without fee. Where plans and specifications for construction in the City of Cape Canaveral, Florida are reviewed by the City Engineer, the actual costs of such review shall be paid by the applicant, ndnether a building permit is issued or not. The Building Official shall require a deposit of estimated cost upon receipt of application for building permit. .645.35 PROVISIONS OF ORDI I(MS DM- AWiD M BE MIND U1 In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the protection of the public health, safety, nh)rals and general welfare. Ubenever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, decd restrictions or covenants, the most restrictive of that inposing the higher standards shall govern. 645.37 MUUTN S RECARDINC VIOLATIONS Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a complaint: Such complaint stating fully the causes and basis thereof shall be filed with the Building Official. lie shall record properly such coryhlivnt, imnediately investigate and take action thereon as provided by this ordinmmice.. 645.39 PUMLTIES FUR VIOLATION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcament of any of the provisions of this ordinance, shall be fined not more than five hundred (500) dollars or shall be imprisoned for not tmre than thirty (30) days, or loth, at die discretion of the Mmticipal Court. Each day that a violation is peinhitted to exist after notice shall constitute a separate offense. 645,41 SEPARABILITY CLAUSE Should any section or provision of this ordinance be decialvd by the courts to be unconstitutional or invalid, such decision shall not: affect the validity of the ordinance as a whole, or any part thereof other than the part' so declared to be unconstitutional or invalid. I• MICROFILMED 3.14.80 (97) 647 At'l4TR•UTlfs The regulations, restrictions and boundaries set: forth in this ordinance may, from time to time be amended, supplemented, clanged or repealed in the manner prescribed by law. 647.01 PROCEDURE A. A district boundary change may be initiated by (1) the owner or owners of at least seventy five (75) perccaht of the property described in the nppl.ication; (2) tenant or tenants with owners sworn to consent; of)attornNn(4)zCi y council; evidenced Pl�annning and Zoning Board; (6)ynny departrtment or agency of the City. Any amendment to this ordinance other than a district boundary change may be proposed by (1) City Council; (2) Planning and Zoning Board; (3) any department or agency of the City; (4) any individual, corporation or agency. B. All proposed amendments shall be submitted to the Planning and Zoning Board for study and reccamendation. The Planning and Zoning Board stall study such proposals to determine: 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 of lard, the amount of undeveloped land in the general area and in the City laving the same classification as that requested. 4. The relationship of the proposed mmendnent to the purpose of the City's plan for development, with appropriate consideration as to whether the proposed change will further the purposes of this ordinance and the plan. C. The Planning mid Zoning Board shall suilmit the request for change or amcndnuht to the City Council with written reasons for its recamaidation within thirty (30) days following its official action on the request. City Council may extend this time limit for good amuse. Ito MICROFILMED 3.14.80 (98) 647,01 (Cont.) D. NO recamuendation for change or annendmnt may be considered by the City Council until clue public notice has been given of a public hearing. Public notice of the hearing shall be given only after the Planning and Zoning Board has submitted its recornendation concerning the change or amenJhnnt, and raid public notice of the hearing shall be given at least fourteen (14) days in advance of the hearing by the publication in a newspaper of regular and general circulation of the City of Cape Canaveral, and notice shall be posted at City Hall. E. A courtesy notice may be mailed to the property owners of record within a radius of five hundred .(500) feet, provided, however, that failure to mail or receive such courtesy notice shall. not affect any action or proceedings taken hereunder. P. k'hen any proposed change of n zoning district boundary lies within five hundred (500) feet of the boundary of an incorporated or unincorporated area, notice may be fonauded to the Planning and Zoning Board, or governing body of such incorporated or unincorpornred areas in order to give such body an opportunity to appear at do hearing and express its opinion on the effect of said district boundary dhange. G. Mien the City Council proposes a change in zoning classificction of a single parcel or a group of not sore thn five hundred (500) parcels of any property within its jurisdiction, it shall be the duty of said Council to give notice by mail to each property amer whose zoning classification is proposed to be Banged. Such notice shall be mailed of the owner's current address of record, as maintained by die Assessor of faxes, for the jurisdiction proposing the change and be postmarked no later than ten (10) clays prior to the first scheduled hearing concerning the proposed change. The notice shall contain the legal description of the affected property, the existing zoning classification, the proposed zoning classification, and do tLrc and place of any schedule) hearing concerning the proposed zoning change. Prior to the effective date of any 7Aning classification change, tla City Council shall cause an, affidavit to be filed with the City Clerk certifying that said Council has emghliance with the provisions of this section. 'hale filing of said affidavit shall be prim facie proof of conynlinnce with the requiramnts Of this faction. A failure to give notice shall not affect the validity of zoning except as to the property of the cahyhlaininB owner. MICROFILMED 3.14.80 (99) 647,03 LWfATIONS No proposal for zoning change or amendwnt affecting particular property or properties shall contain conditions, limUitations or requirements not applicable to all other property in the district to which the particular property is proposed to be rezoned. 647,05 RL•'CONSIDEMTION OF DISITQCr BOUNDARY O M'CIS When a proposed change in district boundaries has been acted upon by the City Council and disapproved or failed to pass, such proposed change, in the same or substantially similar form, shall not be reconsidered by the City Council for a period of ten (2) years. Such restriction shall not apply to the property mner if the original request was initiated by the City Council, Planning and Zoning Board, or any department or agency of the City; nor shall such restriction apply to the City Council, the Planning and Zoning Board, or any deparnnent or agency of the City. 647.07 IN PROVIDED This ordinance may be incorporated In a Code of the City of Cape Canaveral with such changes in subdivision heading and identification as Uie codifies deems appropriate, and without the notice procedures usually required for zoning ordinance changes. 110 ever, in no case shall the substance of a zoning requirm=t be changed.