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Home My WebLink AboutOrdinance No. 17-1976MICROFILMED 3.14-80 ORDINANCE NO. 17 -76 AN ORDINANCE AMENDING CHAPTER 630, ZONING REGULATIONS, CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA: BY AMENDING SECTION 639.51 "ACCESSORY STRUCTURES ";. BY AMENDING SECTION 639.55 "FENCES, WALLS AND HEDGES"; BY AMENDING THE DEFINITIONS OF "LOT FRONTAGE" IN SECTION 631.01; BY AMENDING AREA AND DIMENSION REGULATIONS PERTAINING TO HOTEL AND MOTEL UNITS IN ZONING DISTRICT R -3 (SECTION 637.51), ZONING DISTRICT C-1 (SECTION 637. 91), ZONING DISTRICT C-2 (SECTION 638. 03); BY DELETING PROVISIONS OF SECTION 639.71 "SEWAGE DISPOSAL" REQUIRING COUNTY HEALTH DEPARTMENT APPROVAL; BY AMENDING THE DEFINITION OF "YARD" IN SECTION 631. 01; BY DELETING SECTION 635.09 "REGULATIONS ARE MINIMUM: UNIFORMLY APPLIED "; BY AMENDING SECTION 645.35 "PROVISIONS OF ORDINANCES DECLARED TO BE MINIMUM REQUIREMENTS "; BY AMENDING SECTION 639.81 "SIDEWALKS REQUIRED" BY ESTABLISHING REQUIREMENTS FOR SIDEWALK CONSTRUCTION AND SIDEWALK SPECIFICATIONS; BY REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; BY PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Chapter 630 entitled "Zoning Regulations" of the Code of the City of Cape Canaveral, Florida, is hereby amended as follows: (1) Section 639.51 "Accessory Structures" is hereby deleted in its entirety, and the following new section substituted therefor: "639.51 ACCESSORY STRUCTURES No accessory structure shall be erected in any front yard and shall not cover more than 30% of any required rear setback. No separate accessory structures shall be erected within ten (10) feet of any building on the same lot nor within five (5) feet of any lot line and shall not exceed twenty -four (24) feet in height. However, lots with a one or two family residence only may erect one (1) additional accessory structure per unit, not to exceed one hundred (100) square feet with maximum height of ten (10) feet if detached; or thirty -two (32) square feet with maximum height of ten (10) feet if attached in rear setback. In new construction an accessory building may not be constructed prior to the construction of the main building. No accessory building shall be used for any home occupation or business nor for permanent living quarters - it shall contain no kitchen or cooking facilities. It may be used for housing temporary guests of the occupants of the main building. It is not to be rented or other- wise used as a separate dwelling. " MICROFILMED 3 -14-80 fi (2) Section 639.55 "Fences, Walls and Hedges" is hereby deleted in its entirety, and the following new section substituted therefor: "639.55 FENCES, WALLS AND HEDGES Notwithstanding other provisions of this ordinance, except as specified in Chapter 639.53, fences, walls and hedges may be permitted in any yard, provided that in any residential district, no fence, wall or hedge in any side or back yard, shall be over 6 feet in height, nor over 4 feet in height in any yard abutting any street. " (3) Section 631.01 "Zoning Definitions" is hereby amended by the deletion of the definition for Lot, Frontage, and the following definition is hereby substituted therefor: "Lot, Frontage - In the case of a lot abutting only one street, the front lot line is the line separating such lot from the street right -of -way. In the case of corner lots and double frontage lots one such line shall be elected by the owner to be the front lot line, for the purpose of this ordinance. Fences, walls and hedges shall not exceed 4 feet in height in any yard abutting a street. The applicable front setback requirements shall apply to both frontages regardless of which line the landowner elects as the front lot line. " (4) The last paragraph of Section 637.51 entitled "Area and Dimension Regulations R -3, " which reads as follows: ""Hotel and motel units containing provisions for cooking or light housekeeping shall meet the regulations of multiple family, residential and offices category above. " is hereby deleted in its entirety, and the following language substituted therefor: "Hotel and motel units containing provisions for cooking or light housekeeping shall have a minimum floor area not less than 400 square feet. " (5) The following provision of Section 637. 91 entitled "Minimum Living or Floor Area" (C -1 zoned) which reads as follows: "Hotels and Motels: 300 SQ. FT. per rental unit (Hotel and motel units containing provisions for cooking or light house- keeping shall meet the regulations of Multiple Family Dwellings). " is hereby deleted in its entirety, and the following substituted therefor: "Hotels and Motels: 300 Sq. Ft. per rental unit. Hotel and motel units containing provisions for cooking or light housekeeping shall have a minimum floor area not less than 400 square feet. " (6) Sub - section D of Section 638.03 "Principal Uses and Structures" of the C -2 Zoning District, is hereby amended by the addition of the following sentence to sub - section D: ORDINANCE 17 -76 PAGE 2 OF 4 MICROFILMED 344-80 ... Hotel and motel units ecantalning X.OY a.ons for cooking or light housekeeping shall have a minimum floor area not less than 400 square feet." (7) Section 639.71 Sewage Disposal is hereby deleted in its entirety, and the following new section substituted therefor: "639.71 SEWAGE DISPOSAL No building permit shall be issued unless provisions are in- cluded to connect into the City sewage collection system, except for single family residences which shall otherwise comply with the City's sewer ordinances and regulations. " (8) Section 631.01 Zoning Definitions is amended by the deletion of the last sentence of the definition for Yard. This sentence reads as follows: "The term Yard used herein is not a setback. " (9) Section 635.09 entitled "Regulations Are Minimum: Uniformly Applied is deleted in its entirety. (10) Section 645.35 Provisions of Ordinances Declared To Be Minimum Requirements is hereby deleted in its entirety and the following new section substituted therefor: "Section 645.35 PROVISIONS OF ORDINANCES DECLARED TO BE MINIMUM REQUIREMENTS Whenever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive of that imposing the higher standards shall govern. " (11) Section 639.81 Sidewalks Required is hereby deleted in its entirety, and the following new section substituted therefor: "Section 639.81 SIDEWALKS REQUIRED (A) Construction of sidewalks shall be required in conjunction with the construction of any building or development on property abutting any paved street within the City limits. (B) Sidewalks constructed in residential zoned districts shall be 4 feet wide and 5 feet wide in commercial and all other districts. Sidewalks and concrete aprons will not be re- quired across asphalt paved driveways, but said asphalt driveways must be maintained in good repair by the property owner. Sidewalks along State Road AIA, will re- quire a permit from the Florida Department of Transport- ation, and shall be 5 feet wide. (C) Sidewalks being installed on a street within the same block which already has sidewalks or portions of sidewalks in- stalled must conform in width with the existing sidewalks, but not to exceed 5 feet in width. ORDINANCE 17r76 PAGE 3 OF 4 • MICROFILMED 3-14-80 (D) Sidewalks need not abut the property line and may be installed anywhere within or without the right -of -way to permit alignment with existing sidewalks, or to accommo- date trees or other objects which are not desired to be moved, altered or removed. (E) Construction of said sidewalks shall be completed prior to the issuance of certificate of occupancy and /or final inspection. Costs of construction shall be borne by the property owner. Construction of sidewalks shall be in accordance with the City specifications, as adopted by resolution. " SECTION 2. All portions of the Code of the City of Cape Canaveral, Florida, in conflict herewith are hereby repealed. SECTION 3. This ordinance shall become effective immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, September , 1976. Mayor PERMISSION TO ADVERTISE: 8 -3 -76 ADVERTISED: 8 -9-76 POSTED: 8 -4 -76 FIRST READING: 9 -7 -76 SECOND READING: 9 -21 -76 ORDINANCE 17-76 PAGE 4 OF 4