HomeMy WebLinkAboutPacket 06-05-2007 Regular #5 Meeting Type: REG
Meeting Date: 06-05-2007 -•
AGENDA
°tlIL Heading Ordinances: First
Public Hearing
item No. 5
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE # 04-2007, AMENDING CHAPTER 110, CLARIFYING THE INTENT
OF THE R-1, R-2, AND R-3 RESIDENTIAL ZONING DISTRICTS, DEFINING THE
TERMS "RESORT DWELLING"AND"RESORT CONDOMINIUM".
DEPT./DIVISION: GROWTH MANAGEMENT/ P &Z
Requested Action:
City Council consider at first reading, Ordinance 04-2007, An ordinance of the City of Cape Canaveral,
Florida, amending chapter 110, Zoning, of the Code of Ordinances; clarifying the intent of the R-1, R-2 and
R-3 Residential Zoning Districts; defining the term "resort dwelling" defining the term "resort condominium';
providing for the location and regulation of resort dwellings and condominiums under conditions stated
herein; amending the supplemental zoning district regulations to restate that any rental of a dwelling unit
shall be for a minimum of seven (7) days; providing for the repeal of prior inconsistent ordinances and
resolutions; incorporation into the code; severability; and an effective date, as unanimously recommended
by the Planning &Zoning Board.
This is the first public hearing—please advise.
Summary Explanation & Background:
The proposed ordinance will prohibit resort dwelling units and resort condominiums within the R-1, R-2 and
R-3 Residential Zoning Districts and a permitted use within the commercial zoning district. The proposed
ordinance establishes criteria for nonconforming use status and expiration.
Exhibits Attached:
1. Proposed Ordinance#04-2007
2. Planning &Zoning Board recommendation letter
3. Building Officials 05/29/07 memo for changing occupancy classification
4. City Manager's analysis of 01/05/07
5. Building Official's 03/21/07 memo on occupancy dassification
6. City Planner's consistency review memo of 05/16/07
(Ill City Man Offic- ,, Department
DRAFT May 30, 2007
ORDINANCE NO. O'/- aoo7
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CODE OF ORDINANCES; CLARIFYING THE INTENT OF
THE R-1,R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS;
DEFINING THE TERM"RESORT DWELLING;"DEFINING
THE TERM"RESORT CONDOMINIUM;"PROVIDING FOR
THE LOCATION AND REGULATION OF RESORT
DWELLINGS AND CONDOMINIUMS UNDER CONDITIONS
STATED HEREIN; AMENDING THE SUPPLEMENTAL
ZONING DISTRICT REGULATIONS TO RESTATE THAT
ANY RENTAL OF A DWELLING UNIT SHALL BE FOR A
MINIMUM OF SEVEN (7) DAYS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority,under Section 2(b),Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the maintenance of the character of residential neighborhoods is a proper
purpose of zoning. See Village of Euclid v. Ambler Co., 272 U.S. 365 (1926); Miller v. Board of
Public Works, 234 P. 381 (Cal. 1925); and
WHEREAS, limitations on resort dwellings, resort condominiums, and other transient
commercial uses serve a substantial governmental interest in preserving the character and integrity
of residential neighborhoods.See Cope v. City of Cannon Beach, 855 P.2d 1083 (Or. 1993);Ewing
v. City of Carmel-By-The-Sea, 286 Cal. Rptr. 382 (Cal. Ct. App. 1991); and
WHEREAS, the City seeks to maintain residential zoning districts that are free from
congestion and overpopulation and that promote the permanent residency of families; and
WHEREAS,the City's zoning district regulations are intended to permit only those uses that
are expressly provided for under the list of principal uses and special exception uses for each zoning
category; and
WHEREAS,all other uses not expressly provided for as a principle use or special exception
are intended to be prohibited; and
City of Cape Canaveral
Ordinance No.__ _-2007
Page 1 of 9
DRAFT May 30, 2007
WHEREAS,resort dwellings and resort condominiums are not currently expressly listed as
a principle or special exception use within any zoning district; and
WHEREAS,the City Council acknowledges and recognizes that resort dwellings and resort
condominiums are separate business classifications that are licensed by the State of Florida under
chapter 509, Florida Statutes; and
WHEREAS, the City Council hereby finds that it is necessary to list resort dwellings and
resort condominiums within a specific zoning district in order to preserve the residential character
of portions of Cape Canaveral and to protect Cape Canaveral from becoming an overwhelming
transient type community; and
WHEREAS,the City Council is aware of,and relies upon,case law precedent which holds
that a property owner does not have a vested right in zoning ordinances and that the mere purchase
of land does not create a right to rely on existing zoning. See, e.g., City of Miami Beach v. 8701
Collins Ave, 77 So. 2d 428(1954);Epifano v. Town ofIndian River Shores, 379 So. 2d 966(Fla. 4th
DCA 1979); and
WHEREAS, the City Council also acknowledges that transient residential uses fall under
a different occupancy classification under the Florida Building Code than other residential uses and
that more stringent building and fire code requirements exists for transient residential uses for life
safety reasons; and
WHEREAS, the City Council also finds that in accordance with section 110-121, Cape
Canaveral Code,a change in occupancy classification of a building requires that the building official
conduct an inspection of the building to determine whether it complies with applicable building code
requirements before issuing a new certificate of occupancy for the building based on the changed
occupancy classification; and
WHEREAS, while the City Council desires to afford some limited protections to property
owners that lawfully seek to use existing residential units as either a resort dwelling or resort
condominium, the City Council seeks to balance these limited protections with the City Council's
desire to protect the residential character of Cape Canaveral consistent with the City's
Comprehensive Plan and to protect the safety of transient occupants; and
WHEREAS, the City Council hereby finds that protecting the residential character of the
City of Cape Canaveral and promoting permanent residency are of paramount public importance;
and
WHEREAS, the City Council hereby also finds that the protection of transient occupants
that lease a resort dwellings and resort condominiums,by requiring property owners to demonstrate
City of Cape Canaveral
Ordinance No. -2007
Page 2 of 9
DRAFT May 30, 2007
compliance with all applicable building and fire codes, is of paramount public importance; and
WHEREAS,the City Council deems it to be in the best interests of the citizens of the City
of Cape Canaveral to provide for resort dwellings and condominiums as an additional permitted use
in the C-1 Low Density Commercial zoning districts,provided a special exception has been granted
that would allow the construction of a residential dwelling; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110,Zoning, of the Code of Ordinances, City of Cape
Canaveral, Florida,is hereby amended as follows(underlined type indicates additions and strikeout
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
CHAPTER 110. ZONING
ARTICLE I. IN GENERAL
Sec. 110-1. Definitions.
The following words,terms and phrases,when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
* * *
Resort dwelling shall mean any individually or collectively owned one-family,two-family,
three-family, or four-family dwelling house or dwelling unit which is rented more than three (3)
times in a calendar year for periods of less than thirty(30)days or one(1)calendar month,whichever
is less, or which is advertised or held out to the public as a place regularly rented for periods of less
than thirty (30) days or one (1) calendar month, whichever is less.
City of Cape Canaveral
Ordinance No._ -2007
Page 3 of 9
DRAFT May 30, 2007
Resort condominiums shall mean any unit or group of units in a condominium,cooperative,
or timeshare plan which is rented more than three(3)times in a calendar year for periods of less than
thirty(30) days or one (1) calendar month, whichever is less, or which is advertised or held out to
the public as a place regularly rented for periods of less than thirty (30) days or one (1) calendar
month,whichever is less.
* * *
ARTICLE VII. DISTRICTS
* * *
DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT
Sec. 110-271. Intent.
The requirements for the R-1 low density residential district are intended 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 free from congestion and
overpopulation,to promote the permanent residency of single families and to enhance and maintain
filor the residential character and integrity of the area.
Sec. 110-272. Principal uses and structures.
The principal uses and structures in the R-1 low density residential district are as follows:
Single-family dwellings. In no case shall there be more than one principal structure per lot
or parcel. Dwelling unit rentals of less than 5 vc
* * *
DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-291. Intent.
The requirements for the R-2 medium density residential 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 promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further,the provisions herein are intended
to promote areas free from congestion and overpopulation, to promote the permanent residency of
families and to enhance and maintain the residential character and integrity of the area.
City of Cape Canaveral
41110 Ordinance No. -2007
Page 4 of 9
DRAFT May 30, 2007
Sec. 110-292. Principal uses and structures.
In the R-2 medium density residential district, the principal uses and structures shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
Notwithstanding the foregoing,there shall be no more than 15 dwelling units per net residential acre;
and dwcll�lig unit iciitals of less than suvz„ . . '.' ..
* * *
DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-311. Intent.
The requirements for the R-3 medium density residential 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 promote and protect medium density residential development maintaining
an adequate amount of open space for such development.Further,the provisions herein are intended
to promote areas free from congestion and overpopulation, to promote the permanent residency of
families and to enhance and maintain the residential character and integrity of the area.
Sec. 110-312. Principal uses and structures.
In the R-3 medium density residential district, the principal uses and structures shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
City of Cape Canaveral
Ordinance No._ -2007
Page 5 of 9
DRAFT May 30, 2007
Notwithstanding the foregoing,there shall be no more than 15 dwelling units per net residential acre;
.
* * *
DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT
* * *
Sec. 110-332. Principal uses and structures.
In the C-1 low density commercial district, the following uses and structures are permitted:
* * *
(15) Resort dwellings or resort condominiums duly licensed by the state,provided a
special exception for a residential dwelling has been granted for the subject property.
* * *
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1. GENERALLY
* * *
Sec. 110-485. Resort Dwellings; Resort Condominiums; Nonconforming Use Status;
Expiration.
(a) Resort dwellings and resort condominiums that are not located within a C-1 zoning
district shall be deemed a nonconforming use subject to the provisions of Chapter 110,
Article V,Nonconformities,of this Code,provided said resort dwelling or condominium is
declared existing in accordance the terms and conditions set forth in this section.
(b) In order to be declared existing under this section, the owner of the resort dwelling
or resort condominium shall timely obtain a certificate of nonconforming status from the city
manager as follows:
(1)The owner shall file a written notice of intent with the city manager within thirty
City of Cape Canaveral
Ordinance No.___-2007
Page 6 of 9
DRAFT May 30, 2007
(30)days of (INSERT EFFECTIVE DATE OF ORDINANCE)
which declares and registers the owner's intent to duly license an existing dwelling
unit or condominium unit as a resort dwelling or resort condominium in accordance
with applicable provisions of chapter 509,Florida Statutes. The city manager shall
promulgate a form to be used by owners for purposes of declaring their intent under
this subsection. If the owner fails to timely file a notice of intent within the thirty day
time period for a particular dwelling or condominium unit,the owner shall be barred
from claiming nonconforming status under this section for said unit.
(2) Within one(1)year of filing the notice of intent required by subsection(b)(1),
the owner shall have obtained the requisite license from the Florida Department of
Business and Professional Regulation and certificate of occupancy from the building
official for the subject dwelling or condominium unit. Proof of the requisite
licensure and certificate of occupancy shall be submitted to the city manager within
the one year time period, and upon receipt and verification of the same, the city
manager shall issue a certificate of nonconforming status to the owner for the subject
dwelling or condominium unit. If the owner fails to provide proof of the license and
certificate of occupancy within the one year time period required by this subsection,
the owner shall be barred from claiming nonconforming status under this section
even though a notice of intent was filed under subsection (b)(1).
(3) Proof of the requisite certificate of occupancy shall require the owner to
satisfactorily demonstrate to the building official compliance with all applicable
building codes and to also satisfactorily demonstrate to the fire chief compliance with
all applicable fire codes. In furtherance of this requirement, the owner shall be
required to file with the building official and fire chief a life safety plan for the
subject dwelling or condominium unit within thirty(30)days following the filing of
the notice of intent required under subsection(b)(1), unless filing of the life safety
plan is otherwise required by state law. Said plan shall contain the information
deemed necessary by the building official and fire chief in order to determine
compliance with the applicable building and fire codes. Upon acceptance of the life
safety plan by the building official and fire chief, the owner shall have ninety(90)
days in which to file detailed plans and specifications covering all repairs and
improvements required to demonstrate compliance with all applicable building and
fire codes,unless filing of the plans and specifications is otherwise required by state
law.
(4) The one year time period may be extended by the building official or fire chief
for good cause shown,provided that the owner has demonstrated a good faith effort
to comply with the provisions of this section and the owner has not unlawfully used
the subject unit in violation of this section after (INSERT
City of Cape Canaveral
Ordinance No._ -2007
Page 7 of 9
DRAFT May 30, 2007
EFFECTIVE DATE OF ORDINANCE).
(c) Any resort dwelling or resort condominium deemed nonconforming pursuant to this
section shall lose its nonconforming status if any one (1) of the following occurs:
(1) The resort dwelling or resort condominium use is abandoned pursuant to
section 110-197 of this Code;
(2) The Division of Hotels and Restaurants of the Florida Department of
Business and Professional Regulation revokes the resort dwelling's or resort
condominium's license for whatever reason, or if said license should otherwise
expire or lapse at any time.
(3) The resort dwelling or resort condominium has been repeatedly found to be
in violation of applicable building and fire code requirements on more than three(3)
separate occasions within the previous three year period commencing on the date that
the most recent violation was cited. For purposes of this subsection, the term
violation shall include those violations declared by the state or the city or a
combination of violations declared by the state and city.
(d) It shall be unlawful for an owner to operate a resort dwelling or resort condominium
in a zoning district other than C-1 (Low Density Commercial District)unless the owner has
obtained a certificate of nonconforming status under this section. In furtherance of the public
health, safety, and welfare of the public that occupy resort dwellings and resort
condominiums, the city manager is hereby authorized to take whatever lawful steps are
necessary, with the assistance of the building official and fire chief, to require that the
operation of a resort dwelling or resort condominium within the city is in compliance with
the city's zoning and certificate of occupancy requirements. Said steps may include,but are
not limited to, seeking injunctive relief in a court of competent jurisdiction.
Sec. 110-486. Rental Restrictions on Dwelling Units.
It shall be unlawful for any person to rent a dwelling unit for less than seven(7)consecutive
days.
* * *
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council,or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
City of Cape Canaveral
Ordinance No. -2007
Page 8 of 9
DRAFT May 30, 2007
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical,typographical,and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section,subsection,sentence,clause,phrase,word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction,whether for substantive,procedural, or any other reason,such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2007.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog ---
______ Leo Nicholas
--------- ----- -----
Buzz Petsos
Rocky Randels
SUSAN STILLS, City Clerk C. Shannon Roberts
ls'Legal Ad Published:
First Reading:
2"d Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No._ -2007
Page 9 of 9
Date: May 24, 2007
• To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson, Planning & Zoning Board
Re: Recommendation to City Council
Proposed Regulation for Resort Dwelling Units and Resort
Dwelling Condominiums
At the Planning & Zoning Board meeting, held on May 23, 2007, with the
assistance of the City Manager, Building Official, Fire Chief, and City Attorney,
the Board reviewed and discussed the proposed ordinance regarding resort
dwelling units and resort condominiums.
By a unanimous vote, the Board made the following recommendations to the City
Council for consideration:
• Do not create resort dwellings and resort condominiums as a principal use
in the R-1, R-2, and R-3 zoning districts.
• Create resort dwellings and resort condominiums as a principal use in the
C-1 zoning district, with the contingency that the property has been
granted a special exception for residential use by the time this ordinance
is adopted.
• Allow existing rentals, whether licensed or not, in all zoning districts, to
continue provided all the following are met:
1. Property owners of resort dwellings and resort
condominiums shall register for the use, with the
City Manager, within 30 days from adoption of this
ordinance.
2. Submit to the Building department a life safety plan within 30
days from the date of the first inspection by the fire
department.
3. Submit to the Building department technical drawings within
90 days from the date of the first inspection by the fire
department.
4. A license from DBPR must be obtained and all applicable
laws met for the use within 365 days from adoption
of this ordinance. (Note: An applicant may file with the
Building department a request for a hardship extension for
thrr approval by the Building Official and/or Fire Official.
Please schedule this recommendation for an upcoming City Council meeting.
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44 13I ILDING DEPARTN1ENT
Memo
Date: May 29,2007
To: Bennett Boucher, City Manager oe
From: Todd Maley, Building Official �, -d
m
RE: Procedure for changing Acc '.,; Classification
The attached informational handout provides, in general terms, the procedure for changing certain
`primarily permanent' residential Occupancy Classifications to a `primarily transient' residential
Occupancy Classification. This is not a `one-size-fits-all' procedure. Due to the configuration of
various elements, each change of Occupancy Classification request must be evaluated independently.
To that extent,the information is presented somewhat broadly.
As a precursor to reviewing the informational handout, I would like to re-state how we arrived here.
It was recently brought to light that several residential structures in the City of Cape Canaveral were being
used in a manner contrary to their permitted use, as recorded in City files. The Florida Building Code,
Chapter 3, establishes that there is a relationship between uses of structures and construction features. This
is the premise behind the term `Occupancy Classification'. Due to life-safety concerns, it is illegal to use a
structure in violation of its permitted Occupancy Classification. Once such a violation is noted, code
enforcement staff will send a notice to the property owner, stating the nature of the violation.
Both the City Code Sec. 110-121 and Florida Building Code sec. 110.1, below, address this violation
similarly:
City of Cape Canaveral Code of Ordinances Sec. 110-121. Required.
No building or structure shall be used or occupied, and no change in the existing
occupancy classification of a building or structure or portion thereof shall be made until
the building official has issued a certificate of occupancy therefore. Issuance of a
certificate of occupancy shall not be construed as an approval of a violation of the
provisions of the city code or any other applicable law. If issuance of such certificate is
refused, the building official shall state such refusal in writing with the reason. A
temporary certificate of occupancy may be issued by the building official for a period not
exceeding six months during alterations or partial occupancy of a building pending its
completion, provided that such temporary certificate may require such conditions and •,l/
safeguards as will protect the safety of the occupants and the public.
(Code 1981, § 645.07; Ord. No. 05-2006, § 2, 6-20-06)
Florida Building Code Sec. 110.1 Use and Occupancy. No building or structure shall be
used or occupied, and no change in the existing occupancy classification of a building or
structure or portion thereof shall be made until the building official has issued a certificate of
occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be
construed as an approval of a violation of the provisions of this code or of other ordinances of
the jurisdiction.
Florida Building Code Section 310 defines Residential Occupancy Classifications. There are four types:
Residential Description
Occupancy
Classification
R1 Residential occupancies where the occupants are primarily transient in nature. (Examples:
Hotels,Resort Dwellings,Resort Condominiums)
R2 Residential occupancies containing sleeping units or more than two dwelling units where
the occupants are primarily permanent in nature. (Examples: a 3-unit townhome building,
a 24-unit condominium)
R3 Residential occupancies where the occupants are primarily permanent in nature and not
classified as RI,R2, R4 or Institutional and where buildings do not contain more than two
dwelling units or adult and child care facilities. (Examples: a single-family residence, a
duplex)
R4 Residential occupancies arranged for residential care/assisted living facilities for up to 16
clients.
The Certificate of Occupancy issued by the building official is required to state the Occupancy
Classification. Changing from a permitted Occupancy Classification to a different Occupancy
Classification, without the requisite permitting, inspections and (ultimately) a new C.O., constitutes a
violation.
‘111,,
•� City of Cape Canaveral
*ixior
Changing from Occupancy Classifications R3 to R1 or from 142 to R1
Todd Morley,Building Official
May 29,2007
This informational handout is intended to inform the applicant of the typical steps necessary to change from
Occupancy Classifications R3 to RI or from R2 to R1. The chart below describes the steps, in order, and
provides the applicable code sections and a brief description.
Step Code Section What does this code section require?
number
1 City code sec. Due to life-safety concerns,it is illegal to use a structure in violation of its
110-121 and permitted Occupancy Classification.
Florida Building
Code sec. 110.1
2 FEBC sec. 801.3 If you wish to change the occupancy classification of a structure,please be
and 8123.2 aware that alterations may be required.
In order to determine the degree of alterations required an evaluation must be
performed in accordance with the code requirements.
You may choose to perform this evaluation yourself or you may employ the
services of an appropriately licensed contractor, engineer or architect.
If the evaluation indicates that all applicable codes are already met,then no additional
alterations are required. Submit your evaluation to the building department for review.
Upon the approval of the building official and the fire official,a new C.O.for the new use
maybe issued.
3 FBC 105.1 If alterations are required,a building permit will be required for the
applicable altered elements. You must employ the services of an
appropriately licensed contractor to obtain the permit(owner/builder permits
are not allowed for leased property).
L
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email:ccapecanaveral@cfl.rr.com
4 FBC 105.3 and Detailed construction plans, indicating all proposed work,must be submitted .44)
106.1 along with the building permit application and any other necessary
paperwork.
5 FBC 105.3.1 The Building and Fire Departments will review the submittal for code
compliance. If the submittal does not conform to the requirements of
pertinent laws, the building official shall reject the application in writing,
stating the reasons therefore. The applicant may submit revisions as
necessary to comply with the requirements. If the building official is
satisfied that the proposed work conforms to the applicable laws,he shall
issue a permit therefore as soon as practicable.
6 FBC 109.3 The permit holder is responsible for ensuring that the required periodic
inspections are requested. Such work shall remain accessible and exposed
for inspection purposes until approved.
7 FBC 110.2 After final approval of all inspections,you may apply for a new Certificate
of Occupancy(C.O.)for the new use. Upon review and approval of all
pertinent documentation, and upon the approval of the fire official,the
building official shall issue the requested C.O.
City Manager's Office
J
Memo
To: Mayor& City Council Members
From:Bennett Boucher, City Manag-
CC: Planning &Zoning Board Me •ers
Date: 01/05/2007
Re: Resort Dwelling—Analysis of Comprehensive plan and Land Development
regulations.
I recently completed a review and analysis of the Comprehensive plan and Land
Development regulations and the following are my findings.
The comprehensive plan housing element deals mostly with affordable housing by
encouraging it and other types of housing.
If resort dwellings were an official permitted use, this could take housing inventory out of
the market
The comprehensive plan future land use element deals mostly with protecting the
residential character of the residential zoning districts.
The City currently does not define-resort dwelling in our Land Development Regulations,
(LDR's).
These are the definitions in the City LDR code describe residential uses;
Dwelling, multiple family, means a residential building designed for or occupied by three or more
families, with the number of families in residence not exceeding the number of dwelling units
provided.
Dwelling, single-family, means a detached residential dwelling unit other than a mobile home,
designed for and occupied by one family.
1
L
Dwelling, two-family, means a detached residential building containing two dwelling units,
designed for occupancy by not more than two families.
Dwelling unit or living unit means one room or rooms connected together,constituting a separate
independent housekeeping establishment for owner occupancy, fez-rent or lease,and physically
separated from any other rooms or dwelling units which may he in the same structure and
containing independent cooking and sleeping facilities.
Family means a person or a group of persons related to each other by blood or marriage or
a group of not more than four adults who are not necessarily so related, living together
under one roof as a single household unit.
Residential district means that area set aside primarily for use as low and medium density
residential housing.
Sec. 110-272. Principal uses and structures.
The principal uses and structures in the R-1 low density residential district are as
follows:
Single-family dwellings. In no case shall there be more than one principal structure per
lot or parcel. Dwelling unit rentals of less than seven days are prohibited.
(Code 1981, § 637.03)
Sec. 110-275. Prohibited uses and structures.
In the R-1 low density residential district, all uses not specifically or provisionally
permitted in this division and any use not in keeping with the single-family residential
character of the district, including two-family and multiple-family dwellings, townhouses
and mobile home parks, are prohibited.
(Code 1961, § 637.09)
Sec. 110-292. Principal uses and structures.
In the R-2 medium density residential district, the principal uses and structures
shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net
residential acre, and dwelling unit rentals of less than seven days are expressly
prohibited.
(Code 1981, § 637.17; Ord. No. 17-96, § 1, 10-1-96)
•Page 2
Sec. 110-295. Prohibited uses and structures.
In the R-2 medium density residential district, all uses and structures not
specifically or provisionally permitted in this division are prohibited.
(Code 1981, § 637.23)
Sec. 110-312. Principal uses and structures.
In the R-3 medium density residential district, the principal uses and structures
shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net
residential acre, and dwelling unit rentals of leas than seven days are expressly
prohibited.
(Code 1981, § 637.31; Ord, No. 17-96, § 2, 10-1-96)
Sec. 110-315. Prohibited uses and structures.
In the R-3 medium density residential district, all uses and structures not
specifically or provisionally permitted in this division are prohibited.
(Code 1981, §637.37)
After you review the above, resort dwelling as defined by the State below, is not a
permitted use in any of the City's residential districts.
The state of Florida defines resort dwelling as—a resort dwelling is any individually
or collectively owned one-family, two-family, three-family, or four-family dwelling
house or dwelling unit which is rented more then three times In a calendar year for
periods of less than 30 days or 1 calendar month,whichever is less, or which is
advertised or held out to the public as a place regularly rented for periods of less
then 30 days or 1 calendar month,whichever Is less.
Additionally, (this is an important point)you can rent a unit for a week or longer under the
current code and not trip the State's definition of a "resort dwelling" and be a conforming
use. This can occur when the frequency of the rental does not meet or exceed the State's
definition.
• Page 3
j
If you rented a unit that tripped the State's definition of a "resort dwelling"then you are in
violation of the City's code because this use is not defined or listed as a principal use in the
R-1, R-2 and R-3 zoning districts.
If the City were allow "resort dwellings"as a permitted use, I believe there would be
comprehensive plan consistency issues that would have to be addressed in order to allow
this type of use within the City's residential districts.
•Page 4
r CITY OF CAPE CANAVERAL
.. . z BUILDING DEPARTMENT
.414,1
Memo
Date: March 21, 2007
To: City Council,via Bennett Boucher, City Manager
From: Todd Morley, Building Official
RE: Change of Occupancy Classification
Please find attached an excerpt from the Florida Building Code Commentary, 2004. It is Section 304
Residential Group R
This is what I read from at the Council meeting on March 20, 2007.
USE AND OCCUPANCY CLASSIFICATION
SELF -SERVE GAS PUMPS
pM
0 - U,
f� Ot
GROCERIES
CASHIER
Rgure 309.1(2)
GROUP M --SELF-SERVICE GAS STATION
*NO CAR REPAIR IS DONE
Table 307.7(1) and Note b of Table 307.7(2). These
provisions give the quantity limitations for specific high -
hazard products in mercantile display areas, including
medicines, foodstuffs, cosmetics and alcoholic bever-
ages,
Without this option, many mercantile occupancies
could technically be classified as Group H. The in-
creased quantities of certain hazardous materials are
based on the recognition that, while there is limited risk
in mercantile occupancies, the packaging and storage
arrangements can be controlled. For further informa-
tion on the storage limitations required for these types
of materials in mercantile occupancies, see the Florida
Fire Prevention Code.
SECTION 310
RESIDENTIAL GROUP R.
310.1 Residential Group R. Residential Group R includes,
among others, the use of a building or structure, or a portion
thereof, for sleeping purposes when not classified as an Insti-
tutional Group 1. Residential occupancies shall include the fol-
lowing:
R-1 Residential occupancies where the occupants are pri-
marily transient in nature, includinZ
Boarding houses (transient)
Hotels (transient)
Motels (transient)
R-2 Residential occupancies containing sleeping units or
more than two dwelling units where the occupants are
primarily permanent. in nage, including:
Apartment houses
3-48
ri
0
0
Boarding houses (not transient)
Convents.
Dormitories
F'raternitie's and sororities
Monasteries
Vacation timeshare properties
Hotels (nontransient)
Motels (nontransient)
R-3 Residential occupancies where the
marilv nermanent in nature anted nc
not contain
ulan two awewng umis as appricame in becuon au
or adult and child cam facilities that provide accom
dations for five or fewer persons of any age for less I
M hours. Adult and child cam facilities that are wi
a single-family home are permitted to comply with
T lorri& Building Code, Residential in accordance )
Section 101.2. R-4 Resident ' ial occupancies shall
clude buildings arranged, for occupancy as resider
carelassisted living facilities including more than
but not more than 16 occupants, excluding staff.
R-4 Residential occupancies shall . include buildinffl',� '
arranged for occupancy as residential' care/as: i
sisted living facilities including more than fig'
but not more than 16 occupants, excluding. sial. -I
Group R-4 occupancies shall meet the requiTemergs'-,
for construction as defined for Group R-3 except as oto- '
et wise provided for in this code or shall comply with ft.,
Florida Building Code, Residential in accordance wid
Section 101.2.
Residential occupancies represent some of the high -
2004 FLORIDA BUILDING CODF-11 COMMENTAff
~ USE AND OCCUPANCY CLASSIFiCATICl
^ ..*:,',*t.'41:::fr est fire safety risks of any of the occupancies listed in tion and people who are developmentally bled is
7'1 ..1:4*, :.:: Chapter 3. There are several reasons for this condi- reported to have therapeutic and social benefits.A resi-
e--- e-,i.e tom dental environment often fosters this mainstreaming.
Buildings in GrouKY-:.;a1V::4 - • Structures in the residential occupancy house the:iies':•549i:: aged, for the longest periods of time. As such,
eefereeep -e*, ing or part of a building is considered to be a residen
ee-,,Teete-eeeo widest range of occupant types, i.e.,infants to the
tat occupancy - _ intended ^
residential care/assisted
e eeeeee: residential occupancies are more susceptible to
living
-efr .,,ea.;,-::'iY,si.•. the frequency of careless acts of the occupants;
:.,,..:ometio:.•4e Institutional occupancies are similar to residential oc-
e:7..VA:;' • therefore, the consequences of exposure to the
-,--eeee,,,ee: cuponcics in many ways; ho-vvever, they differentiated
0',;‘,1•M:,F.V:. from each other in that institutional occupants are in
FIliteRV: . Most residential occupants are asleep approxi- a supervised environment, and, in the case of Groups
:,:e eireeieil: mately one-third of every 24-hour period. When 1-2 and 1-3 occupancies, are under some form of re-
_ AW,,':i4::;11 : sleeping, they are not likely to become immedi- straint or physical limitation that makes them incapable
1.174!21,4 s. ately aware of a developing fire.Also,if awakened of complete self-preservation. The number of these oc-
:7-;qt.4::e from sleep by the presence of fire, the residents cupants who are under supentision or are incapable of
Li,;'-''.-.1.'.7.'"ii;. 1::. often may not immediately react in a rational man- self-preservation is the distinguishing factor for being
F74-40if ner and delay their evacuation. classified as an institutional or residential occupancy.
:;:ee's7i4Vai:: The term'Group R"refers collectively to the four in-
- :,,i.:526- f. • The fuel load in residential occupancies is often
dividual residential occu .
o e-gei•ee•A quite high, both in quantity and variety. Also, R-1, R-2, R-3 and R-4. These classifications are differ-
':,Peg:eke.. the construction of residential buildings, It is
corn-
wnaedn*e cebam nrra 1)
` whether the occupants are transient or nontransient in
nature; the type and number of dwellings contained
FINV:i'.'t; . Another portion of the fire problem in residential in a single building and (3)the number of occupants in
C3liat;::.c': occupancies relates to the occupants'lack of vigi- the facility.
- .'5'..2:141t*:::. lance in the prevention of fire hazards. In their
own domicile or reSidence, people tend to relax
dcof<�nmuAR'1that d�enanti-
?sioe, and are often prone to allow fire hazards to go '
unabated, thus, in residential occupancies, fire
Ro�u � � the number
kmnoientoccopan�/ (ie`those whose length ofstay
K �|eu� �ban3Qdoya).
d The most common building types classified in Group
of time and go unnoticed or are ignored.
R-1 are hotels, motels andb rdi houses.Group R-
al,MA'7 ' Mpst of the nation's fire problems occur in Group R 1 occupancies do not typicallyhcooking8sc||u/es
'Iii7; :',,iFee:buildings and, in particular, one-and two-family dwell, in the unit. When a unit is not equipped with cooking
:-_vvix,:.ings, which account for more than 80 percent of all
facilities, It does not meet the definition of a "Dwelling
,,,i!:,!,it.1 deaths from fire in residential occupancies and about
unirin Section 310.2.When this occurs, such units are
tf-:?t0': -'''IvVo-thirds of ail fire fatalities in all occupancies. One treated as guestroomsf6rtheapplicaUonofcmdepmvi-
k.RIA:,,.and two-family dwellings also account for more than aiona (see Figure 310.1(1)1 Guestrooms are required
ri.,,,,,j,:I.,,T.,y.80 percent of residential property losses from fire and to bseparated from each other by fire rtitions and
.t.Oe',;e:Xe:more than one-half of all property losses from fire. horizontal assemblies (see Section 310.3).
c'eeeee:,;‘ , Because of the relatively high fire risk and paten- Other occupancies are often found in buildings das-
-.
rK;;,a'':';Ir fiat for loss of life ih buildings classified in Groups'R-18 ified iGroup R-1. These occuies icJ danight-
".;,-:;.:4:1.,, ,-.,. (ltotels and motels) and R-2 (apartments and dormi- clubs (Group A-2), restaurants (Group A-2), gift shops
,,,,„.:...4ito.,:e., tones), the code has stringent provisions for the pro- (Group M), health clubs (Group A-3) and storage fa-
reeel:eeee - citifies (Group S-1). When this occurs, the building is
e-,,.-hooe:. tection of life in these occupancies. Group R-3 occu-
tt:n:'*4.., Pancies, however, are not generally considered to be 0 mixed occupancy and is subject to the provisions of
i?;;6:i.,; :::;:i.:.,,,!n the same domain and, thus, are not subject to the Section 302.3.
V.,:,:T.i:p:14,,f,;.,, me level of regulatory control as is provided in other R-2: The length of the occupants' stay plus the ar-
'0,1#7, ,,,,Occupancies. GroUp R-3 facilities are one-or two-fam- rangement of the facilities provided are the basic fac-
ii1,7.41;k'i: ily dwellings where the occupants are generally more tors that differentiate occupancies classified in Group
',..-6'ix,::::::.- familiar with their surroundings, and, because they are R-2 from other occupancies in Group R.The occupants
Vejooeof single units or duplexes, tend to pose a lower risk of of facilities or areas classified in Group R-2 are primer-
ily not transient, oapab!eo!aeH`pnesnn/atmnandaOmna
Re.eee..o Due to the growing trend to care for people in a resi- their means of egress in whole or in part with other
4i,:44.;:-:. derrtial environment, residential care/assisted living fa- occupants outside of their sleeping area or dwelling
•::::,.•,'. - -.F‘, citifies are also classified as Group R.Specifically,these unit.The separation between dwelling units must, as a
Group R-;' '««amaneorn/ng" minimum,meet the requirements contained in Sections
P' opte who are recovering from alcohol or drug addic- K 310,3,708.1 and 711'3.Building types ordinarily Class i-
eP
.
FLORIDA BUILDING CODE°COMMENTARY 3-4.e
USE AND OCCUPANCY CLASSIFICATION •� i,q, !
• 7 C7
//// EXIT STAIRWAY t if!t- x -,
'. J t�
EST STAIRWAY it 1'
111
:GuesrRoassERu+nnoNWALLS
MI -
EXIT STAIRWAY
ROi"Ate libk 1-`45" G
i
#
`
j1r � t. c
.:?:.I41:'.ii,lif'-.11,11!.:.:.!:.. ';.',.
; f
:Z.',.- ..'
7ljd7
...----."---.,:,.................---1^ ELEVATOR EOIAP.BOON :V �S
ELEYAPORS c L -•j��[
;r(
tiSTORY HOTEL
;i
EAR STAIRWAY -•--_._ -_; ..
HILT STAIRWAY --- Y; 5,i, I: .ir
thy: '.
[ F
Figure 310.1(1) , c :
GROUP R.1--HOTEL •
(OCCUPANTS ARE PRIMARILY TRANSIENT) _.,._ ;�
fled in Group R-2 include apartments, boarding houses
are also required to be separated from each other bd.11:,,,.„-:.:_
(when the occupants are not transient)and dormitories fire partitions and horizontal assemblies in accordan, t„f ,
[see Figures 310.1(2)and 310.1(3)1. with Sections 310.3, 708.1 and 711.3. When colleg - :-. ,11
'Individual dwelling units in Group R-2 are either classes are not in session, the rooms in domiitor%e , :
a.rented by tenants or owned by the occupants.The code are sometimes rented out for periods less than 30 da :. f ' rl(
does not make a distinction between either type of ten- to convention attendees and other visitors. When.d:ir,, ::W '7
ancy unless the dwelling unit is located on a separate mltories undergo this type of transient use, they mar: , r'
parcel of land. When this occurs, lot lines defining the closely resemble Group R-1. ;
land parcel exist and the requirements for fire separa- Buildings containing dormitories often contain at., E£
tion must be met. er occupancies, such as cafeterias or dining roam G \ ;' g
Dormitories are generally associated with univer- (Group A-2), recreation rooms (Group A-3) and offic E ..t,',:.
sity or college campuses for use as student housing, (Group B) or meeting rooms (Group A-3). When t#• � ` `-
but this is changing rapidly. Many dormitories are now occurs, the building is considered a mixed occupant f .m
being built as housing for elderly people who wish to arid is subject to the provisions of Section 302.3 rsOliiii!'f.,:-4. t"
live with other people their own age and who do not Figure 310.1(4)]. =-. .'
need 24-hour-a-day medical supervision. The only dif- Townhouses are classified as R-3. Florida Statutes
ference between the dormitory that has just been de- require that where three or more dwelling units are aka
scribed and the dormitory found on a college campus tached that they are to be considered as multifamily fo,,, .r 0,
is the age of its occupants. If the elderly people must the installation of sprinklers. 0
have 24-hour-a-day supervision (i.e., a nurse or doctor
on the premises), the building is no longer considered R-3: Group R-3 facilities include all detached one arty yM : :1
a residential occupancy but an institutional occupancy two-family dwellings and multiple(three or more)sing(r ¢l. _
(Group 1-2 assumingfamily dwellings (townhouses). Those buildings thre
( p greater than five occupants) and
would have to comply with the applicable provisions of or less stories in height are regulated by the Florida ..
the code. Building Code, Residential(see Section 101,2). TOWn Eg
houses have to be separated by party walls (see See. ` ',
Similar to Group R-1, individual rooms in dormitories F <
tion 705.4.1) or by two exterior walls (see Table 602).: t
is ' 3
Yy .-
3-50 2004 FLORIDA BUILDING CODES COMMENTAR.- _. -
, USE AND OCCUPANCY CLASSIFICATION
i
SLEEPING
;fit.
-
SLEEPG ROOMS WITH
• GUESTROOM PRIVATE BATHROOMS
SEPARATION
WALLS
LIO' ...
1T1—LO ,,_,
- -
1
=7T1 rT � -
SECOND FLOOR = -,
•
.,r
x
OFFICE f0717r".."11.121"M
!{]
r
LUNCH ROOM !E MOTV/REC.ROOM _=
4 ::
I
1 - -`
FIRST FLOOR
Figure 310.1(4) "
GROUP R-2—DORMITORY
(OCCUPANTS PRIMARILY NOT TRANSIENT)
Buildings that are one-and two-family dwellings and 310.2 Definitions.The following words and terms shall,for th :
multiple single-family dwellings less than three stories purposes of this section and as used elsewhere in this code,have';;
in height and which contain another occupancy (e.g., the meanings shown herein.
Groups R-1, R-2, I-4, etc.) must be regulated as a w-
mixed occupancy in accordance with the code and are Definitions of terms that associated with the content`
not required to comply wth the provisions of the Florida of this section are contained herein. These definition •
Building Code, Residential [see Figures 310.1(5) and can help in the understanding and application of they', }
OJ code requirements.One should keepin mind, however
-
310.1 6 In addition, all institutional facilities that ac- q
commodate five or less people are to be classified as that in many cases,terms defined in the code may nista
Group R-3. be defined by ordinances and statutes of local and state .,I
Buildings that are classified as Group R-3,while lim- governments. In such cases,code users must focus orifi:
the specific features that define the term relative to the? .I
ited in height, are not limited in the allowable area per code and not its generallyheld meaning.
floor as indicated in Table 503.
It is important to emphasize that these terms are nota"
All dwelling units must be separated from each other exclusively related to this section, but are appiicabf1
by fire partitions and horizontal assemblies (in accor- everywhere the term is used in the code.The purpose:
dance with Sections 310.3, 708.1 and 711.3) unless for includingthese definitions within this section is to,l,
required to be separated by fire walls.
provide more convenient access to them without have
R-4:When a limited number of people who require per- ing to refer back to Chapter 2. For convenience, these-
sonal care live in a residential environment, a facility terms are also listed in Chapter 2 with a cross refer i
is no longer classified as Group 1-1 but as a residen- ence to this section. .
tial care/assisted living facility, Group R-4.Ninety-eight The use and application of all defined terms, includ
percent of households in the U.S.have less than 16 oc- ing those defined herein, are set forth in Section 201. :3:
cupants, thus the limit of 16 would allow equal access
for the disabled.The number of occupants is those that BOARDING HOUSE.A building arranged or used for lodgini.if
receive care and is not intended to include staff. With for compensation,with or without meals,and not occupied as a-''_
the exception of height and area limitations, Group R-4 single-family unit. ---
facilities must satisfy the construction requirements of - :
Group R-3. A boarding house is a structure housing lodgers or;:::::
boarders in which the occupants are provide lodging;'_thlw
H
3-52 2004 FLORIDA BUILDING CODE®COMMENTARY
Memorandum
Date: May 16, 2007
To: Todd Morley, Building Official
From: Todd Peetz, City Planner
RE: Resort Dwellings and Resort Condominium Consistency with the Comprehensive
Plan
Pursuant to your request to determine if the short-term rentals are consistent with the
comprehensive plan, I have reviewed the City Attorney's Executive Summary from
March 30, 2007 and I concur with the findings that resort dwellings are not consistent
with the current Land Development Regulations. Further, they are not consistent with the
Comprehensive Plan Future Land Use Policy LU-3.1 which states:
"The City shall enforce its various ordinances which regulate the land use categories
included in the Future land use Map (Zoning Ordinance), subdivisions (Subdivision
Regulations), signage (Sign Ordinance), and areas subject to seasonal or periodic
flooding (stonnwater management Ordinance and Federal Flood Insurance Program
Regulations)".
I interpret this to mean that if a use is not consistent with the land development code, it
thus is not consistent with the Comprehensive Plan in the R-1, R-2 and R-3 land use
catergories.
Resort Dwellings and Resort Condominium land usage is regulated by Chapter 509 F.S.,
which also regulates hotel use. Hotel uses are found in the C-1 land use category and
regulated in the C-1 zoning district.
The existing uses in the R-1, R-2 and R-3 land use catergories are non-conforming uses
and would require, at a minimum, a change in the land development regulations to allow
Resort Dwellings and Resort Condominiums as either a permitted use or a permitted use
by special exception. However, Resort Dwellings and Resort Condominium are
regulated by Chapter 509 F.S. and enforced by the Department of Business &
Professional Regulation (DBPR). This suggests that Resort Dwellings and Resort
Condominiums are a business and would currently only be allowable in the C-1 district.
Rentals of 30 days or more are excluded from regulation by Chapter 509 F.S. In my
opinion they are not considered businesses.
If you have any further questions, please do not hesitate to contact me at 407-629-8880.
9J-5.023 Criteria for Determining Consistency of Land Development Regulations with the Comprehensive Plan.
41:.determination of consistency of a land development regulation with the comprehensive plan will be based upon the following:
(1) Characteristics of land use and development allowed by the regulation in comparison to the land use and development
proposed in the comprehensive plan. Factors which will be considered include:
(a)Type of land use;
(b)Intensity and density of land use;
(c)Location of land use;
J,(d) Extent of land use; and
(e) Other aspects of development,including impact on natural resources.
(2) Whether the land development regulations are compatible with the comprehensive plan,further the comprehensive plan, and
implement the comprehensive plan. The term"compatible"means that the land development regulations are not in conflict with the
comprehensive plan. The term "further" means that the land development regulations take action in the direction of realizing goals
or policies of the comprehensive plan.
4 (3) Whether the land development regulations include provisions that irxleent objectives and policies of the comprehensive
p an that require implementing regulations in order to be realized, including provisions implementing the requirement that public
facilities and services needed to support development shall be available concurrent with the impacts of such development.
Specific Authority 163.3202(5)FS.Law Implemented 163.3194, 163.3213 FS.History—New 3-21-99.
rage 1 or .L
Cape Canaveral Comprehensive Plan
Future land use Element
Objective LU-3:
The City shall work toward the elimination or reduction of uses inconsistent with the community's
character and future land uses. The measurement of this Objective is the consistency and compatibility
of land uses within Cape Canaveral and the degree to which the following Policies are implemented.
Policy LU-3.1
The City shall enforce its various ordinances which regulate the land use categories included in the
Future land use Map (Zoning Ordinance), subdivisions (Subdivision Regulations), signage (Sign
Ordinance), and areas subject to seasonal or periodic flooding (stormwaternanagement Ordinance and
Federal Flood Insurance Program Regulations).
Policy LU-3.2
The City shall require new development to be compatible with adjacent land uses.
Policy LU-3.3
The City shall enforce its requirements pertaining to densities and intensities of land use in each land-
use category--i.e.
*R-1, Low density Residential: maximum 5.808 lots/acre.
*R-2, Medium density Residential and townhouse Apartments: maximum 15 units/acre.
*R-3, Duplex/Multi-Family/Townhouse Apartments: maximum 15 units/acre.
*M-1, light industrial: maximum 4.356 lots/acre.
*C_l, commercial: zoning regulations impose a variety of requirements, depending upon type of use.
*C-2, commercial: zoning regulations impose a variety of requirements, depending upon type of use.
PUB, Public and Recreation Facilities
CON, Conservation
Policy LU-3.4
Appropriate locations for plbilicsch_oo_is should be based upon the following criteria:
http://fcn.state.fl.us/cape/CapeCode/LU-3.htin 05/1 6/2007
AK11ULK 1. IN liENERAL Page 1 of 1
Dwelling, mobile home, means a detached residential dwelling unit over eight feet in width,
which bears a seal from the United States department of housing and urban development, designed for
travel over highways and streets or for house accommodations or both, manufactured on an integral
chassis or undercarriage 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, connection to utilities and the like.
Dwelling, multiple-family, means a residential building designed for or occupied by three or
more families, with the number of families in residence not exceeding the number of dwelling units
pr o�ided.
Dwelling, single-family, means a detached residential dwelling unit other than a mobile home,
designed for and occupied by one family.
Dwelling, two-family, means a detached residential building containing two dwelling units,
designed for occupancy by not more than two families.
Dwelling unit or living unit means one room or rooms connected together, constituting a
separate independent housekeeping establishment for owner occupancy, for rent or lease, and
physically separated from any other rooms or dwelling units which may be in the same structure and
containing independent cooking and sleeping facilities.
htto://librarvl.municode_cnm/mrn/Tln'ViPix,/11Ad')11/1Se11cc n �+
oLucuceauonstitution :VlewStatutes : 163->Section 3164 : flsenate.gov Page 1 of 3
•
163.3164 Local Government Comprehensive Planning and Land Development Regulation Act;
definitions.--As used in this act:
(1) "Administration Commission" means the Governor and the Cabinet, and for purposes of this
chapter the commission shall act on a simple majority vote, exceptthatfor purposes of im 'n8
the sanctions provided in s. 163^3184(11), affirmative action shall require the approval of the
Governor and at least three other members of the commission.
(2) ^Area^ or "area of jurisdiction" means the total area qualifying under the provisions of this act,
whether this be all of the lands lying within the limits of an incorporated municipality, lands in and
adjacent to incorporated municipalities, all unincorporated Lands within a county, or areas
comprising combinations of the lands in incorporated municipalities and unincorporated areas of
counties.
(3) 'Coastal area" means the 35 coastal counties and alt coastal municipalities within their
boundaries designated coastal by the state land planning agency.
(4) "Comprehensive plan" means a plan that meets the requirements of ss. 1h3.3177and 16].31Z8.
(5) "Developer" means any person, including a governmental agency, undertaking any development
as defined in this act.
(6) "DeveLopment' has the meaning given it in s. 380.04.
(7) "Development order" means any order granting, denying, or granting with conditions an
application for a development permit.
j
(8) "Development permit' includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local
government having the effect of permitting the development of Land.
(9) "Governing body" means the board of county commissioners of a county, the commission or
council of an incorporated municipality, or any other chief governing body of a unit of local
government, however designated, or the combination of such bodies where joint utilization of the
provisions of this act is accomplished as provided herein.
(10) Governmental agency means:
(a) The United States or any department, commission, agency, or other instrumentality thereof.
(b) This state or any department, commission, agency, or other instrumentality thereof.
(c) Any local government, as defined in this section, or any department, commission, agency, or
other instrumentaLity thereof.
(d) Any school board or other special district, authority, or governmental entity.
(11) ''Land" means the earth, water, and air, above, below, or on the surface, and includes any
improvements or structures customarily regarded as Land.
�
(12) ''Landuse'' nnennsthe developnnentthat has occurred onthe land, the devc(opnnentthat in - i�
proposed by a developer on the land, or the use that is permitted or permissible on the land under
an adopted comprehensive plan or element or portion thereof, land development regulations, or a
Land development code, as the context may indicate.
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(13) "Local government" means any county or municipality.
(14) "Local planning agency" means the agency designated to prepare the comprehensive plan or
plan amendments required by this act.
(15) A"newspaper of general circulation" means a newspaper published at least on a weekly basis
and printed in the language most commonly spoken in the area within which it circulates, but does
not include a newspaper intended primarily for members of a particular professional or
occupational group, a newspaper wMhose primary function is to carry legal notices, or a newspaper
that is given away primarily to distribute advertising.
(16) "Parcel of land" means any quantity of land capable of being described with such definiteness
that its locations and boundaries may be established, which is designated by its owner or developer
as land to be used, or developed as, a unit or which has been used or developed as a unit.
(17) "Person"means an individual, corporation, governmental agency, business trust, estate, trust,
partnership, association, two or more persons having a joint or common interest, or any other legal
entity.
(18) "Public notice" means notice as required by s. 125.66(2) for a county or by s. 166.041(3)(a) for
a municipality. The public notice procedures required in this part are established as minimum
public notice procedures.
(19) "Regional planning agency" means the agency designated by the state land planning agency to
exercise responsibilities under law in a particular region of the state.
(20) "State land planning agency" means the Department of Community Affairs.
(21) "Structure" has the meaning given it by s. 380.03.1(19).
(22) "Land development regulation commission" means a commission designated by a local
government to develop and recommend, to the local governing body, land development regulations
which implement the adopted comprehensive plan and to review land development regulations, or
amendments thereto, for consistency with the adopted plan and report to the governing body
regarding its findings. The responsibilities of the land development regulation commission may be
performed by the local planning agency.
4'(23) "Land development regulations" means ordinances enacted by governing bodies for the
-'i' regulation of any aspect of development and includes any local government zoning, rezoning,
subdivision, building construction, or sign regulations or any other regulations controlling the
development of land, except that this definition shall not apply in s. 163.3213.
(24) "Public facilities" means major capital improvements, including, but not limited to,
transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and
recreational, and health systems and facilities, and spoil disposal sites for maintenance dredging
located in the intracoastal waterways, except for spoil disposal sites owned or used by ports listed
in s. 403.021(9)(b).
(25) "Downtown revitalization" means the physical and economic renewal of a central business
district of a community as designated by local government, and includes both downtown
development and redevelopment.
(26) "Urban redevelopment" means demolition and reconstruction or substantial renovation of
existing buildings or infrastructure within urban infill areas or existing urban service areas.
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(27) "Urban infill" means the development of vacant parcels in otherwise built-up areas where
public facilities such as sewer systems, roads, schools, and recreation areas are already place
and the average residential density iyatleast fh*� dvve8ingunits per acre, the averagJW
nonresidential intensity is at least a floor area ratio of 1.0 and vacant, developable land does not �~~
constitute more than 10 percent of the area.
(28) "Projects that promote public transportation' means projects that directly affect the
provisions of public transit, including transit terminals, transit lines and routes, separate lanes for
the exclusive use of public transit services, transit stops (shelters and stations), office buildings or
projects that include fixed-rail or transit terminals as part of the building, and projects which are
transit oriented and designed to complement reasonably proximate planned or existing public
facilities.
(29) "Existing urban service area" means built-up areas where public facilities and services such as
sewage treatment systems, roads, schools, and recreation areas are already in place.
(30) "Transportation corridor management" means the coordination of the planning of designated
future transportation corridors with land use planning within and adjacent to the corridor to
promote orderly growth, to meet the concurrency requirements of this chapter, and to maintain
the integrity of the corridor for transportation purposes.
(31) "Optional sector plan" means an optional process authorized by s. 16].]245inwhich one or
more local governments by agreement with the state land planning agency are allowed to address
development-of-regional-impact issues within certain designated geographic areas identified in the
local comprehensive plan as a means of fostering innovative planning and development strategies
in s. 163.3177(11)(a) and (b), furthering the purposes of this part and part I of chapter 380,
reducing overlapping data and analysis requirements, protecting regionally significant resources
and facilities, and addressing extrn''urisdictionoiimpacts �
. .1)
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