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Home My WebLink AboutOrdinance No. 18-1983MICRQFI! FD A.15 -85 ORDINANCE NO. 18 -83 AN ORDINANCE AMENDING ORDINANCE NO. 2 -83, CODE CHAPTER 631, ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING SECTION 632.01 BY RE- DEFINING LOT FRONTAGE; ** *AMENDING SECTION 637.25 BY ADDING MAXIMUM LENGTH OF BUILDINGS IN R -2; AMENDING SECTION 637.39 BY ADDING MAXIMUM LENGTH OF BUILDINGS IN R -3; AMENDING SECTION 637.47 BY DELETING PARAGRAPH "H ", GARAGES USED FOR VEHICLES AND /OR STORAGE OF PERSONAL PROPERTY; AMENDING SECTION 639.17 REDUCING BUILDING SETBACK LINES ON AlA AND *611-491; ESTABLISHING SECTION 640 TOWNHOUSE REGULATIONS; REPEALING ALL ORDINANCES AND PARTS THEREOF OR PARTS OF THE CITY CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Section 632.01, Definitions, shall be amended by deleting the definition for "Lot, Frontage" in its entirety and replacing it with the following: Lot, Frontage - The front of a lot shall be the narrowest portion of the lot fronting on a dedicated, accepted or maintained street right -of -way. ** *SECTION 2. Section 637.25, R -2 Area and Dimension Regulations, Medium Density Residential, shall be amended by adding the following: * *185 Maximum Building Length or Width Not to exceed -149 -feet SECTION 3. Section 637.39, R -3 Area and Dimension Regulations, Medium Density Residential, shall be amended by adding the following: *185 Maximum Building Length or Width - Not to exceed -I49 -feet SECTION 4. Section 637.47, C -1, Principal Uses and Structures, shall be amended by deleting paragraph "H" - "Public and private parking lots; garages used for vehicles and /or storage of personal property only" in its entirety. SECTION 5. Section 639.17, Building Setback Lines shall be deleted in its entirety and replaced with the following: 639.17 BUILDING SETBACK LINES A. The following shall be the minimum building setback lines along the listed roads: 1. Highway A1A (Portions known as North Atlantic Avenue and Astronaut Boulevard) Setback, each side, from the northern City boundary to the southern City boundary shall be- ferty - -E49 4- feet from the highway right -of -way. *fifty (50) *Amended on First Reading * *Amended on Second Reading ** *Deleted on First Reading; inserted on Second Reading Ord. No. 18 -83 Page 1 of 4. MICROFILMED 4 -15 -85 639.17 BUILDING SETBACK LINES (cont) 2. North Atlantic Avenue (that portion of North Atlantic Avenue also known as Palm Avenue and S.R. 401) Setback, each side, from its intersection with Monroe Avenue to the northern City boundary shall be -forte -(-) --feet from the right -of -way. *fifty *M) 3. Ridgewood Avenue Setback, each side, from the southern City boundary to the northern City boundary of Ridgewood Avenue shall be twenty -five (25) feet from the right -of -way. B. On the Atlantic Ocean the setback shall comply with the State Coastal Construction Setback. C. In determining the setback requirements for any building proposed to be erected, the setback requirements herein above shall be construed as a minimum setback, and if a greater setback is required under any of the zoning dis- tricts, then such greater setback requirements shall be enforced. SECTION 6. Townhouse Regulations are hereby established by the addition of a new Section 640, as follows: 640 TOWNHOUSE REGULATIONS Townhouses are permitted as an allowed use in R -2 and R -3 areas. 640.03 TOWNHOUSE AREA AND DIMENSION REGULATIONS Minimum Area to be Developed Minimum Lot Area Minimum Lot Width Minimum Lot Depth Maximum Lot Coverage By All Buildings ** r---4,- i i4u -a1. -3 -gi-a -tcd -1 Minimum Floor Area One Bedroom Two Bedrooms Additional Bedrooms Maximum building length or width 6,250 square feet * *1,600 -- 2,.000 square feet 16 feet 70 feet 35% of Site Area 650 square feet per dwelling unit 750 square feet per dwelling unit 200 square feet per bedroom * *185 - 3-4.0- feet TOWNHOUSE MINIMUM SETBACK REQUIREMENTS Front Side, End Unit Side, Interior Unit Rear *Side, Corner Lot *Amended on First Reading * *Amended on Second Reading 25 feet 8 feet 0 feet 15 feet 25 feet; on all nonconforming lots of record, 15 feet Ord. No. 18 -83 Page 2 of 4 MICROFILMED 4 -15 -35 640.05 OFF STREET PARKING There shall be two (2) spaces for each living unit located on the same property as the main building. 640.07 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 five (5) foot public access easement shall be provided along each side and across the rear of the site. 640.09 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 dimension. C. A proposed driveway or designated parking area. D. Ten (10) feet of a proposed structure. 640.11 INDIVIDUALLY PLATTED LOTS Each townhouse 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 submitted to the Planning and Zoning Board to assure that all public areas in common open spaces shall be maintained in a satis- factory manner without expense to the City of Cape Canaveral. 640.13 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 Section 645.05. The expira- tion date of the Building Permit shall be in accordance with Section 106.3 of the Standard Building Code, as amended. 640.15 DEVELOPMENT SCHEDULE A development schedule shall be submitted for review to the City of Cape Canaveral Planning and Zoning Board who may approve, 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, ded- ication, 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. Provision for the con- struction 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. Ord. No. 18 -83 Page 3 of 4 MICROFILMED 4.15 -85 *SECTION 7. Section 643, Legally Established Non - conforming Lots, Non - conforming Structures and Non - conforming Uses, shall be amended by the addition of the following to Section 643.01, Intent: Sec. 643.01 "A" Any building which is made non- conforming by virtue of the amendments outlined in this Ordinance shall be allowed to be replaced in the event of their destruction to the same standards that they were prior to the adoption of this Ordinance. This shall also include those projects which are yet to be completed, but have applied for site plan approval prior to adoption of this ordinance and will obtain a building permit before February 28, 1984. In the event a rebuilding is required, all efforts shall be made, where practicable, to conform to the existing zoning ordinance. All non - conforming lots of record as of the date of adoption of this Ordinance shall be allowed to be used in constructing structures that have been destroyed. The rebuilt structure will be rebuilt as close as practicable to the original building and shall make every effort to conform to the existing zoning ordinance. These provisions shall not be construed to allow for the extension or enlargement of a non- conforming lot or building but are merely intended to allow the rebuilding of structures after the result of a castastrophe in as near a similar fashion as prac- ticable. SECTION 8. All sections of the Code in conflict herewith are hereby repealed. SECTION 9. This Ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 6th day of September , 1983. *Section 7 added on Second [9 -6 -83] NAME YES NO CALVERT X HARRIS X NICHOLAS X RUTHERFORD X WINCHESTER X Reading Permission to Advertise: 6 -7 -8 Rid ANWS 8 -16 -83 Posted: 7 -26 -83 Advertised. 7-29-83 Second Reading: 9 -6 -83 Ord. No. 18 -83 Page 4 of 4