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HomeMy WebLinkAboutOrdinance No. 10-1983 Tabled ORDINANCE NO. 10-83 AN ORDINANCE ESTABLISHING CODE CHAPTER 505 OF THE CITY CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTABLISHING TOWNHOUSE REGULATIONS; PROVIDING FOR TOWNHOUSES AS PERMITTED USE IN R-2 AND R-3; PROVIDING FOR DEFINITIONS AS IN CHAPTER 632 . 01 OF THE ZONING CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING PRO- CEDURES FOR APPLICATION FOR BUILDING PERMIT AND CERTIFICATE OF OCCUPANCY; REGULATING AREA AND DIMENSIONS , MINIMUM SETBACKS , OFF-STREET PARKING, UTILITY DISTRIBUTION SYSTEM, AND DEVELOPMENT SCHEDULE; PROVIDING FOR INDIVIDUALLY PLATTED LOTS, VARIANCE PROCEDURES , SEVERABILITY AND PENALTIES; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE . BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows : SECTION 1 . Chapter 505 , "Townhouse Regulations" , of the City Code of the City of Cape Canaveral, Florida, is hereby established as follows : CHAPTER 505 TOWNHOUSE REGULATIONS Sec. 505 . 01 Townhouses are permitted as an allowed use in R-2 and R-3 areas provided they meet the zoning requirements of the City, this chapter, and all other chapters of the City Code. Sec . 505 .02 Definitions. Definitions of this chapter shall be the same as Definitions of the Zoning Ordinance of the City of Cape Canaveral, Chapter 632 .01, and all such definitions shall be interpreted accordingly. Sec . 505 .03 Procedures . The Developer must file an application for a Building Permit. The application must be in a format approved by the Building Official and include all elements necessary for multi-family construction in accordance with Chapter 645 .05 of the Zoning Ordinance of the City of Cape Canaveral, Florida . The expiration date of the Building Permit shall be in accordance with Section 106 . 3 of the Standard Building Code, as amended. Sec. 505 .05 Certificate of Occupancy Required. 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 Occupancy stating that such land, building or part thereof, and the proposed use thereof is found to be in conformity with the provisions of this Ordinance. Within three (3) days after notification that a building or premises, or part thereof , is ready for occupancy or use, it shall be the duty of the Building Official to make a final inspection thereof and to issue a Certificate of Occupancy if the land, building or part thereof and the proposed use thereof is found to conform Ordinance No. 10-83 Townhouse Regulations Page 1 of 4 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 of Occupancy may be issued by the Building Official for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion, provided that such temporary Certificate may require such conditions and safeguards as will protect the safety of the occupants and the public. Sec. 505 .07 Construction and Use To Be As Provided in Applications, Plans, Permits and Certificates of Occupancy. Building permits or Certificates of Occupancy issued by the Building Department on the basis of plans, specifications, intended uses and applications , and approved by the Building Official, authorizing use, arrangement, construction and design shall only be as described in plans , specifications , intended uses and applications . Use, arrangement, construction and design at variance with those authorized by the plans, specifications , intended uses and applications, shall be deemed a violation of this Ordinance and shall enable the Building Official to have the electrical meter re- moved from the unit until such violation is corrected and the Building Permit or Certificate of Occupancy is brought current. Sec . 505 . 09 Townhouse Area and Dimension Regulations . (A) Minimum Area to be Developed - 6 ,250 square feet. (B) Minimum Lot Area - 2 , 000 square feet. (C) Minimum Lot Width - 16 feet. (D) Minimum Lot Depth - 70 feet. (E) Maximum Lot Coverage by all Buildings - 40% of site area. (F) Minimum Floor Area 1. One Bedroom - 650 square feet per dwelling unit. 2 . Two Bedroom - 750 square feet per dwelling unit. 3 . Additional Bedrooms - 200 square feet per bedroom. (G) Maximum height not to exceed 25 feet in R-2 areas; not to exceed 45 feet in R-3 areas. (H) The maximum length and/or width of any building shall be 185 feet. Sec. 505 . 11 Townhouse Minimum Setback Requirements . (A) Front Setback - 25 feet. (B) Side Setback, End Unit - 8 feet. (C) Side Setback, Interior Unit - 0 feet. (D) Rear Setback - 15 feet. Ordinance No. 10-83 Townhouse Regulations Page 2 of 4 Sec. 505 . 13 Off Street Parking. There shall be two (2) spaces for each living unit located on the same property as the main building. Sec . 505 .15 Utilities . (A) All utility distribution systems including, but not limited to television cable, telephone and electrical systems, shall be installed underground. Primary facilities providing services to the site may be excluded. (B) A three foot public access easement shall be provided along one side and across the rear of the site . Sec . 505 . 17 Development Schedule. A development schedule shall be submitted for review to the City of Cape Canaveral Planning and Zoning Board who may approve, subject to conditions , or disapprove. When submitted, the development schedule shall indicate: (A) The staging of construction and the staging of open space or other common use areas for conveyance, dedication, or reservation; the geographic stages in which the project will be built, the approximate date when construction of each stage shall begin, and its anticipated completion date . The initial stage shall require a minimum of one (1) acre . Provision for the construction of cultural and recreational facilities which are shown on the site plan shall proceed at an equivalent or greater rate as the construction of the dwelling units . Sec . 505 . 19 Individually Platted Lots . Each town- house unit shall be located on an individually platted lot. If there exists areas for common use of the occupants , the plat will not be approved until satisfactory arrangements are made for maintenance and presented to the City. Individual maintenance procedures shall be made to assure that minimum public areas in common open spaces shall be maintained in a satisfactory manner without expense to the City of Cape Canaveral. Sec . 505 .21 Preservation of Trees . During the development of the subdivision all trees of six (6) inches in diameter or larger shall be preserved or replaced unless they exist within: (A) A proposed public or private easement. (B) Proposed structure dimensions . (C) A proposed driveway or designated parking area. (D) Ten (10) feet of a proposed structure . Sec. 505 . 23 Variance. (A) Hardship. Where the Board finds that extra- ordinary hardship may result from strict compliance with these regulations , it may vary the regulations so that substantial justice may be done and the public interest secured; provided, that such variance will not have the effect of nullifying the intent and purpose of the Comprehensive Plan or these regulations . (B) Conditions. In granting variances and modifi- cations, the Board may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified. (C) Procedures for variances and appeals shall be as provided by the City of Cape Canaveral Zoning Ordinance. Ordinance No. 10-83 Townhouse Regulations Page 3 of 4 Sec. 505 . 25 Severability. If any section, sub- section, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional, void or invalid, the validity of the remaining portions shall not be affected thereby . Sec . 505 . 27 Penalties for Violation. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this Ordinance, shall be punished as provided by Section 801. 03 of the City Code of the City of Cape Canaveral, Florida. SECTION 2 . All sections of the Code in conflict herewith are hereby repealed. SECTION 3 . This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1983 . Mayor Attest: City Clerk Approved as to Form: it City Attorney 1 Ordinance No . 10-83 Townhouse Regulations Page 4 of 4