HomeMy WebLinkAboutOrdinance No. 81-1964MICROFILMED 3 -13.80
ORDINANCE NO. 81 -64
AN ORDINANCE TO BE KNOWN AS THE ZONIEG
ORDINANCE OF TEfi CITY OF CAPE C41AVEML,
FLORIDA, MENDING ORDINANCE NO. 11 -62
AND RELATING TO R5GULATING T93 NUMBER OF
STORIES AND SIZE OF STORIES AND SIZE OF
BUILDING AND OTHER STRUCCUR!.S: THE PER-
CENTAGE OF LOT THAT MAY BE OCCUPIED, THE
SIZE OF YARDS, COURTS AND OTHER OPEN
SPACES: THE DENSITY OF POPULATION AND THE
U1; OF BUILDINGS, STRUCTURBS, LAND AND
WATER AREAS FOR TRADE, INDUSTRY, RESIDENCE
OR OTHER PURPOSES-. FOR SUCH PURPOSES
CREATING DISTRICTS AND ESTABLISHING THE
BOUNDARIES THER.AF: DEFINING CERTAIN
TER143 USED EfsREIN: PROVIDING FOR THE METHOD
OF ADMINISTRATION AND AMENDMENT: EiSTABLISH-
ING A BOARD OF AJJUSTIENT AND PROVIDING
PENALTIES FOR VIOLATION: PROVIDING AG
EFFECTIVE DATE.
l'RIET:AS, for the purposes of promoting health, safety,
AMENDED
0r.D y-71
oao 0.71
(i KC, 11.7o
.:) P, D. 8 /-69c,
on, 8 /-4YD
morals and welfare of the inhabitants of the City of Cape Canaveral,
Florida, including among other things the lessening of congestion
in streets, securing safety from fire and other dangers; providing
adequate light and air; promotinv such distribution of the population
and distribution of land development as will tend to facilitate and
conserve adequate provisions for t ransporatien, water supply,
sewerage, drainage, sanitation, recreation and other purposes,
Ordinance No. 11 -62, the Zoning Ordinance of the City of Cape
Canaveral, Florida,is hereby amended:
NOJ THERE - ORE, M; IT ORDAINED BY THE. CITY COUNCIL OF
THE CITY OF CAl'E CANAVERAL, FLORIDA:
SECTION 1. Ordinance No. 11 -62 is hereby amended by
striking all Section, sub - sections, paragraphs, sub - paragraphs,
sentences, phrases and words following- the enacting clause and
substituting in lieu thereof the following:
OR 81.64
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MICROFIL(VED 3.13.80
ARTICLE I. ESTABLISHMENT OF
DISTRICTS: PROVISION FOR OFFICLIL ZONIPO FLIP
1. The city is hereby divided into zones, or
districts, as shorn on the Official Zoning Map which,
together with all explanatory matter thereon, is hereby adopted
by reference and declared to be a part of this ordinance.
2. The Official Zoning Map shall be identified
by the signature of the Mayor attested by the City Clerk,
and bearing, the seal of the city under the following words;
"This is to certify that this is the Official Zoning Map
referred to in Section 1 of the Ordinance Number 31 -L4
of the City of Cape Canaveral, Florida," together with the
date of the adoption of this ordinance.
3. If, in accordance with the provisions of this
ordinance and Chapter 63-3-167 Special Acts of Florida, 1963,
changes are made in district boundaries or other matter
portrayed on t he Official 'Zoning Map, such changes shall be
made on the Official Zoning Map promptly after the amendment
has been approved by the City Council, together with an entry
on the Official Zoning Map as follows: "On (date), by official
action of the City Council, the following (chance) changes were
made in the Official Zoning Map: (brief description of nature
of change), "which entry shall be signed by the Mayor and
attested by the City Clerk. The emending ordinance shall
provide that such changes or amendments shall not become
effective until they have been duly entered upon the Official
Zoning Map. No amendment to this ordinance which involves
matter portrayed on the Official Zoning Map shall become
effective until after such change and entry has been made on
said map,
4. Ito changes of any nature shall be made in the
Official Zoning Mip or mztter shown thereon except in conformity
with the procedures set forth in this ordinance. Any unauthorized
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MICROMMED 3.13.80 ✓
change of whatever kind by any person or persons c:rall be
considered a violation of this ordinance and punishable under
Article I of this ordinance.
5, Regardless of the existence of purported copies
of the Official Zoning Hap which may from time of time be
made or published, the Official Zoning lisp which shall be
located in the office of the City Clerk shall be the final
authority as to the earront zoning status of lands, buildings,
and other structures in the city.
ARTICLE, II. Amm FOR 11iTgRPiGTATI(`: OF DISTRICT BOUNDARM
Where uncertainty exists as to the boundaries of
districts as shown on the Official Zoning Hap, the following
rules shall apply:
1. Boundaries indicated as approximately following
the center lines of straots, highways, or alleys shall be
construed to follow such center lines;
2. Boundaries indicated as a pproximately following
platted lot lines shall be construed as folla::ing such lot linesp
3. Boundaries indicated as approximately following
city limits shall be construed as following city limits;
Q. Boundaries indicated as following railroad
lines shall be construed to be midway between the main tracks;
5. Boundaries indicated as following shore lines
shall be construed to follow shcu shore linos, and in the
event of change in the oh..ro line shall be construed as
moving with the actual shore line;
6. Boundaries indicated as parallel to or extensions
of features indicated in subsections 1 through 5 above shall
be so construed. Distances not specifically indicated oa the
Official Zoning Hap shall be determined by the scale of the map;
7. Where the street or property layout existing
on the ground is at variance with that shown on the Official
OR 81.64
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Zoning Map, or in other circumstances not covered by Sections
1 through 6 above, the Board of Adjustment shall interpret
the district boundaries.
ARTICLE III. APPLICATION OF DISTRICT R MUCIONS
Except as hereinafter provided:
1. No building, structure, or land shall hereafter
I be used or occupied, and no building or structure or part
therof shall hereafter be crectod, constructed, reconstructed,
moved, or structurally altered unless in conformity with all
of the regulations herein specified for the district in which
it is located.
2. No building or other structure shall hereafter
be crested or altered:
(a) to exceed the height;
(b) to necommodatc or house a greater number
of families;
(c) to occupy a greater poreentp,•o of lot area;
(d) to have narrower or smaller rear yards,
front yards, side yards, or other open
spaces;
than heroin required; or in any other manner contrary to the
provisions of this ordinance.
3. No part of a yard, or other open space, or off••
street puking or loading space required about or in connection
with any building for the purpose of complying with this ordinance
shill be included as part of a yard, open space, or off - street
puking or loading space similarly required for any other
building.
4. No yard or lot existing at the time of passage
of this ordtune. shall be reduced in size or ar.xi below the
minimum requirements set fo th herein. Yards or lots crent,d
after the effective date of this ordinance shall meet at loast
the minimum requirements established by this ordinance.
Whithin each district, the regulations set by this
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MICROFILMED 3.13.80
ordinance shall bu minUmm regulations and shall apply
uniformly to each class or kind of structure or land.
All territory which may hereafter be annexed to
the City shall be considered to be zoned in thu same manner
as the contiguous territory inside previous city limits
until otherwise classified.
5. All Territory within bhe City which is not new
classified in zoning is hereby classified as G-C (general
classification). This provision specifically r,fcrs to those
submerged lands within the city which are West of the existing
bulkhead line i.e. present shore line of the Banana River.
ARTICLE IV. NON- CODFOR1iING LOTS, NCN- COY.FOMM USES OF
LAND, NON - CONFORMING STRUCTUMI, AND NUN -M TCI'I:1 ^!C. USES
OF STRUCTUIr;S AND f.TsMISES
1. INTENT -
(a) With the districts establi ^'c'_ '.y this
ordinance or amendments that may later be adopted there
exist lots, structures, and uses of land and = %e.rrrn s which
were lawful before this ordinance was passed or amended, but
which would be probibited under thu terns of this ordinance
or future amendment. It is the intent of this ordinance to
p:rmit those non- conformiti..s to continua until they are
removed, but not to encourage their eurvival. Such uses are
doclared by this ordinance to be ineoinaatiblo with permitted
uses in the districts involved. It is further the intent of
this ordinance that non - conformities shall not be enlarged
upon, expanded nor extended, nor be used as grounds for adding
other structures or uses prohibited elsewhere in the same
district.
(b) A non - conforming use of a otructuro, a non-
conforming u.o of land, or a non - conforming use of a structure
and land shall not be extended or enlarged after passage of
this ordinanc, by attachment of additional signs to a building,
or the placement of additional signs or display devises on the
land outside the building, or by the addition of other uses,
OR 81.64 lul
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MICROFILMED3.13.8O
if such additions are of a nature which would be prohibited
generally in the district involved.
(c) To aboid undue hardship, anything in this
ordinance shall be deemed to require a change in the plane,
construction, or designated use of any building on which a
building permit has been issued nrior to the effective dgto
of adoption or amendment of this ordinance.
2. NUN- COWORMG LDTI, ON 'V CORD -
(a) In any district in which single- family
dwellings are permitted, notwithstanding limitations imposed
by other provisions of this ordinance, single - family dwelling
and customary accessory buildings may be erectod on any single
lot of racord at the effective date of adoption or amendment
of this ordinance. Such lot Host be in separate ownership
and not of continous frontigu with other lots in tho same
ownership. This provision shall apply even though such lot
fails to meet the requirements for area or width, or both,
that arc generally applicable in the district, provided that
yard dimensions and other requirements not involving araa or
width, or both, of lot shall conform to the regulations for
the district in which such lot is located. Variance of area,
width, and yard roquirenants shall be obtained only through
action of the Board of Adju-stment.
(b) If two or more lots or combinations of
lots and portions of lots with continuous frontage in single
ownership are of record at the time of passage or amendment
of this ordinance, and if all or part of the lots do not meat
the requirements for lot width and ar a as established by this
ordinance, the lands involved ohnll be considered to be an
undivided parcel for the purposes of this ordinance, and no
portion of said parcal shall be used or sold which does not
moot lot width and arcs requirements established by this
ordinamo, nor shall any division of the parcol be made which
loaves remaining any lot with width or area below the require-
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aunts stated in this ordinance.
3. NON - CONFORMING U83S OF LAND -
Waro, at the effective date of adoption of amend-
ment of this ordinance, lawful use of land exists that Is
made no longer p.mmissiblo under the term of this ordinance
as enacted or amondod, such use may be continued, so long
as it n.mains otherwise lawful, subject to the following
provisions:
(a) No such non - conforming use shall be enlarged
or increased, nor extended to occupy a greater area of land
than was occupied at the effective date of adoption or amend-
ment of this ordinance;
(b) No such non - conforming use shall be moved
in whole or in port to any other portion of the lot or parcel
occupied by such use at the effective date of adoption or
amendment of this ordinance;
(c) If any such non - conforming use of land ceases
for any reason for a period of more than thirty (30) drys, any
subsequent use of such land shall conform to the regulations
specified by this ordinance for the district in which such
land in located.
4. NON- COWORMING STHUCTUR�S -
Wherr. a lawful str•cture exists at the effective
date of adoption or amendment of this ordinance that could not
be built under the terms of this ordinance by reason of
restrictions on arcs, lot coverage, height, yards, or other
characteristics of the structure rr its location an the lot,
much structure may be continued so long as it remains other-
wise lawful, subject to tho following provisions:
(a) Ni such structure may be enlarged or
altered in a way which incrcasos its non- conformity;
(b) Should such structure be destroyed by any
means to an extent of more than Fifty percent (50x) of its
replacement cost at time of destruction, it shall not be
OR 81.64
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MICROFILMED 3.13 -80
reconstructed except in conformity with the provisions of
this ordinance,
(c) Should such structure be moved for arty
reason for any distance whataver, it shall thereafter conform
to the regulations nfr the district in which it in located
after it is moved.
5. NON- GON01UIINO USES OY STRUC7UR!S
If a lawful use of a structure, or of structures
and promises in combination, exists at the effective date of
.adoption or amendment of this ordin nco, that would not be
allcwed in the district under the terms of this ordinanca,
the lawful use ma" be eontinu�d oo long as it remains other-
wise lawful, subject to the following provisions:
(:1) No existing structure devoted to a use not
permitted by this ordinance in the district in which it is
located shall be enlarged, extended, constructed, reconstructed,
moved, or structurally altered except in changing the use of
the structure to a use permitted in the district in which it
is located;
(b) Any non - conforming use m1•, ba extended
throughout any amts of a building which wore manifestly
arranged or designed for such use at the time of adoption or
amendment of this ordinance but no such use shall be extended
to nccupy any land outside such building;
(c) If no structural alterations are made,
any non- conforeing use of a structure, or structure and
premises, may be changed to .another non- conforming use provided
that the Board of Adjustment either by general rule or by making
findings in the specific clue, shall find that the proposed use
is equally appropriate or more appropriate to the district than
the existing non- conforming use.. In permitting such change the
Board of Adjustment may requiro appropriate conditions and
safeguards in accord with the provisions of this ordinance;
(d) Any structure, or structure and land in
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MICROFILMED 3.13.80
combination, in or on which a non-conforming use is super-
ceded by a permitted use, shall thereafter coefam to the
regulationa for the district in which ouch structure is
located, and the non - conforming use may not thereafter be
resumed;
(s) k'hen a nrn- conforming use of a etructuro;
or structure and promises in combination, is discontinued or
abandoned for six consecutive months or for 18 months during
any three year period, the structure, or structure and
premises in combination shall net thereafter by used except
in conformance with the n.gulations of the i-istrict in which
it is located;
(f) Where non - conforming use status applies
tv a structure and premises in combinatin, rem±val or
destruction of the structure shall eliminate the mm- conforming
status of the land.
6. REPAIRS 'JID MAINTENANCE
On any building devoted in whole or in put to any
ncn- conf"rtng use, work may be done in any period of 12 con-
secutive months on ordinary repairs or on repair or n:plaeement
of non - bearing walls, fixtures, wiring or plumbing, to an
extent not exceeding ten percent (10 %) of the current replace-
ment value of the building, provided that the cubical content
of the building as it existed at the time of passage or
amendment of this ordinance shall not be increased.
Nothing in this ordinance shall be deemed to prevent
the strengthening ..r restoring to a safe condition of any
building or part ther,nf declared to be unsafe by any city
official ch-rged with protecting the public safety, upon order
of such official.
7. US &5 UNDM EXCEPTION PROVISIONS NOT NONCONMRM-
ING USES -
Any use for which a special exception is permitted
as provided in this ordinance shall not be deemed a non - conforming
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IVICROFILMED 3.13.80
use, but shall without further action be deemed a conforming
use in such district.
ARTICLE V. ESTABLI'MHENT OF DISTRICTS AND REGULATING
THE USES OF LAND AND BUILDINGS TWIC;IN
1. ESTABLISIMENT OF DISTRICTS
In order to classify, regulate and restrict
the uses of land, water, buildin;;e and structures, and to
regulate and restrict the height and bulk of buildings and
to regulate the area of yards and other open Spaces about
buildings, the corporate area of the City of Cape Canaveral
is divided into seven (7) districts as follows:
R -1 A one (single) Family dwelling district,
R -1 One (single) Family Duelling district,
R -3 Multiple Family Dwelling District,
R -4 Multiple Family District,
C_1 Neighborhood Corimercial District,
C -2 General Cososercial District,
M-2 Industrial District,
G-C General Classification.
2. R -1A ONE (SIIIGLE) FAMILY DWELLING DISTRICT
The lands included within this district arc developed
predominantly with single family dwellings. The lot areas are
large and the district is designated to pruserve and protect
characteristics of single family uses.
USES PERMITTED - Within any R -1 One (Single)
Redly Duelling District, no building, structures, land or
water shall be used except for one or more of the following
uses:
(1) Single Family dwellings and their customary
accessory uses.
(2) lion - commercial piers, boat houses and
1lnding places, owned by adjoining property owners.
CONDITIONAL USES -
(1) When, after review of an application and
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MICROFILME® -13.80
plans appurtenant thereto and hearing thereon, the Planning
and Zoning hoard finds as a fact that the proposed use or uses
are consistent with the general zoning plan and with the public
interest, the following may be recommended to the Board of
Adjustment as permitted uses:
(a) Churches with their attendant Educational
buildings and recreational facilities.
(b) Public Schools, but no correctional
Institutions.
(c) Public Recreation area and facilities.
BUILDING HEIGHT RIGULATIONS -
No building or structure shall exceed twenty
five (25) feet or two stories in height.
BUILDING SITE REGU1u1TIO115 -
Each single family dwelling shall be located on
a lot or parcel of land having an area of not less 15,000 square
feet and having an average width of ano hundred fo,t (1001).
FRONT, MAR AND SIDE YARD RMULATIONS -
(1) Minimum setback from the front right -of -way
line shall be twenty -five (25) foot.
(2) Minimum setback from any side property line
abutting a street right -of -way shall be fifteen (15) foot.
(3) Minimum setback from an interior side
property line shall be fifteen (15) feet.
LOT COVE:L:GE -
Thirty (30) percent of the lot area is the maximum
amount of land that may be covered by the principal a0 accessory
buildings or structures located thereon.
MI1•IIMUH FLOOR AREA RSQUIREHENTS -
In the R -lA One (Single) Family Duelling District
minimum requirements for floor ar,.a per dwelling wit shall be
sixteen hundred and fifty (1,050) square feet of li- table area
excluding carports, breezeways and garages.
OR 81.64
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MICROFILMED 3 -13.80
3. R -1 ONE (SINGLE) FAMII,Y DUELLIM DISTRICT -
The lands in thin district arc developed predominantly
with single family dwellings, hcwovar, the pn;vailing lot areas
are loss than thnse of the R -1 A District. Then too, in this
district there is found a grunter variety of uses.
USES PERMITTED - With Any R -1 (Single) Family
Dwelling District, no building, structural land or water,
shall be used except for one or more of tho following once:
(1) Any use permitted in the R -1 A District.
(2) Home occupations.
(3) Parks, playgrounds mmed and opuritcd by
the City.
CONDITIONAL USES - hlton, after review of an application
for plans pertinent thereto and hearing thereon, the Planning
and Zoning Board finds as a fact that the proposed use or uses
are consistent with the general zoning plan and with the public
lnterezt, the following may b.: rcconmended to the Board of
Adjustment as permitter) uses:
(1) Same as for tho R -1 A Single Family Dwelling
District.
(2) Librarian, Art Galleries, Museums and Non -
G•omorcial Cornunity Centers.
(3) Any review of an application • - -r plan
sh41 cnnsidor the character of the ncighbL,rhord in which the
pr•p:rty to be used is to be Incited and its effect on the
value , f surrounding; lands, and further, the area of the site
ns relates particularly to the required open spaces and off
street parking facilities, and furLhcr, whether or not, the
moving of no existing structure shall bu hvn,minus to the
ama.
BUILDING MIGHT RWULITIONS -
N,. building or structure shall exceed twenty -five
(25 fm t) ,r two strrics in hclght.
BUILDING SITS ;.R:,. RSGUL.ITIOPS -
Each single family dwelling shall b: located on a
lot nr parcel of land having an ar..a of not less than nix
thousand two hundrod and fifty (6,250) square feet and
PAGE-12-OF 64 I f
OR 81.64
MICROFILMED 3.13.80
having an avorige width of seventy -fivo (75) foot.
FRONT, RS:.R MID SID? YARD MULITIONS -
(1) FRONT YARD. There shall be a front yard
of not less than twonty -five (25) feet in depth.
(2) REAR YARD. Thera shall be a rear yard of
not loss than twonty -five (25) feet in depth.
(3) SIDE YARD. Side yards shall be provided
on each side of each dwelling of not loss than eight (8)
feet or ton (LOA) percent of the average lot width, whichever
is the greater, except that on cirnor lots, no building shill
extend beyond the extablished setback on either the side or
fronting street.
LOT COVERAGE -
Thirty (30) percent of the lot area is the maximum
a:m,unt of lend that may be covered by the principal and
accessory buildings or structures located thereon.
MMINUR FLOOR dR:.: WNUIR;IENTS -
In the R -1 One (Single) Family dwelling district
minimum requirements for first floor area per dwelling shall
be: for a two st,ry, s ven hundred an:1 fifty (750) square feet;
for a one and ono -half story dwelling, eight hundred and fifty
(850) square foot and fir a ono story dwelling ei. -ht hundred
and fifty (850) square feet.
G. R -3 MULTIPLE FAMILY DUELLINO DISTRICT -
The lands within this district have already been
developed with rmltiple family structures or by their location
or trend of development, and ar:: appropriate to such uses.
USES P1iR,IT7D - With any R -3 Multiple Family Dwelling
District, no buildings, structure, land or water shall be used
except for one or maro of the fillewing uses:
(1) Any use permitted in the R -1 A and R -1
districts.
accessnr" Uses.
(2) Two family dwellings including their customary
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MICRO FILMED 3.13.80
(3) Multiple Family Dwullings (Apartments)
and their customary accessory uses.
(4) Apartment buildings and hotels.
(5) Restaurants, lcungcs and shops in structures
of more than thirty -fivo (35) dwelling units.
(6) Boarding and lrxlging houses.
(7) Guest or tourist he e.
(B) Court type structures.
(9) Wtels.
(10) Hospitals, nursing and convalescent h,mws
but no animal hospitals, or mental institutions..
(11) Heme occupatirns.
(12) Librarios, non- cumsercinl corumrnity centers.
(13) Parks and playgry -ends owned and operated by
the City.
CONDITIONAL USE" -
When after rollow of an applicati.m for plans
pertinent therot., and hoarinp thereon, the Planning and Zoning
Board fins as a fact that the proposed use and uses are con-
sistent with the general Zoning Plan and with the pu,jlic interest
and the spirit of this ordinance, the Board of Adjustment may
permit such conditional use.
HEIGHT W. -M M0N5 - (Nona)
BUILDING SITE. aR 1. ff GULSTIONS:
(1) Each two family dwelling shall be located
on a lot or parcol of land having in area of not less than nine
thousand (9,000) square feet an't a width of not less than seventy -
five, (75) feet.
(2) For each dwelling unit in excess of two (2)
added t, the structure on the first and second floor, five
hundrrl (500) additionA square feet of lct area shall be added
for each r.f such twoning units added.
(3) For each dwelling! unit added to the structure
ahove the second floor, throe hundnd (300) square fcut of lot
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MICROFILMED 3.13 -80
area for each of such dwelling units.
(4) Provided, however, that for each dwelling
unit in excess of two (2) added to the structuru on the first
and second floor, three hundred (300) additional square feet
of lot area shall be added for each of such dwelling units
added in the Avon -By- The -Sea subdivision located in the R -3
district.
(5) For structures accommodating four dwelling
units or more, the minimum width of lot or parcel of land
shall be one hundred (100) foot.
FRONT, RM',R AND SID. YARD RMULATIONS -
(1) FAch two (2) family dwelling shall have
the following front, rear and side yard setbacks:
A. FRUIT YARD - There shall be a front
yard of not less than twenty -five (25) feet in depth.
B. MAR YARD - There shall be a rear yard
of net less thin twenty -five (25) feet in depth.
C. SIDE YARD- Side yards shall have pruvided
cn each side of every dwelling cf rr:t less than eight (8) feat
or ten (10) percent of the average lot width, whichever is
the greater.
(2) For multiple family dwellings the following
front, roar and side setbacks shall be obsurved:
A. There shall be a frr,nt yard of m-t less
than twenty -five (25) feet in depth.
B. A side yard nn each sVc of the wall of
the principal structure of net leas than ten (10) fact.
However, for a structure of more than tw,. stories, (25) (feet)
in height, three (3) fee=t shall be added tr aide yar4 for oath
story above two. The minimum setback from arty street shall
be the ostablisho•d setback line on any street or streets.
C. A rear yard shall be provided of
fifteen (15) feet, however, far structures in excess of two
(2) stories two feet shall be added to the rear yard for each
story added.
OR 81.64
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MICROFILMED 3.13.80 _
D. In court style multiple dwellings
twenty -five (25) foot shall be required between buildings
and where doors, windows or other openings in the buildings
wall of a living unit face a wall ce- ntaining doors, windows
or other openings of the wing of the same building and /or a
wall containing &ors, windows or tither openings of another
building on the samo site, thore shAl be provided a tainimum
clear distance of not loss than twenty -five (25) feet. Said
distance to be measured on a line projected at right angles
it the opening, from the wall containing the opening to the
Opposite wall. Those spacing requirements shall apply to
all structures on the site; provided further, that cantilevers
and ,pen porches may project from the building wall into the
required open space (court only) ant more than four (G) feet
and that stairways may project from the building wall into the
required open spice (court only) not more thin seven and one -
half (yA,) feet. Stairways when located in the required open
space (court) shall be supnorted b;., the nccos:ary a•lumns only,
support by a wall is strictly prohibited. Accessory buildings
(where not in violatinn with the foregoing requirements) may
be located n,t nearer than fifteen (15) feet to the principal
structure or structures.
LOT DOVE :;.0S -
Fifty (50) percent of the l,t area is the madman
which may be covered by the principal and accussnry buildings
,r structures lcc%ted therunn.
MIN4UM FLOOR AREl. R.QUIRSIEW" -
(1) The minimum floor area for a one (1)
family dwelling shall be eight hundred and fifty (850) square
feet.
(2) The minima floor area for a two (2) fanily
dwelling shall be fifteen hundred (1500) square feet frr both
dwellinr.a.
OR 81.64
PAGE -16-OF 64
�i
•.J
MICROFILMED 3.13.80
(3) 'Duo minimus floor area for multiple
family dwelling in excess of two (2) family dwelling shall
have at least three hundred (3D0) square feet per dwelling
unit.
5. R-4 HULTIPL: Ft:HII.'f DISTRICT -
The lands included within this district are
developed prodrminately for multiple family dwellings such
as Hotels, apartment houses and hotels. Tho uses of this
district is further brnadenad to permit office buildings.
USES PERHINED -
(1) Within any R -4 Multiple Family District,
no buildings, structures, land or water shall be used except
for one or mire of thu following uses:
A. Any use permitted in the R -3 Two Family
Dwelling District.
B. Office Buildings.
C. Hotels, apartment houses, Hotels, or
Court type structures containing a minimum of eight (8) rental
units having conformed to the following uhinimum requirements
as to their location, construction and use, twit:
(a) The minimmm lot areas per rental unit shall
conform to the minimum lot area per family for the R-3 Multiple
Family Welling Districts.
D. Restaurants, lunch rr•cros, or fruit stands
when c•perated only in connection with anti on the came lot as
hotels, apartment houses, motols or court type structures,
permitted hareunder and contiining a minimum of eight (8)
or mtre rental units, provided that such restaurants, lunch
r nom or fruit display stands arc within the confines of the
main building.
CONDITIONAL U5'i -
(1) When, after r,view of an application for plans
pertinent thuruta and hearing theruen, the Planning and Zoning
Board finds as h fact that the proposed use or uses are con-
sistent with the general Zoning Plan and with the public interest
OR 81.64:
PAGE-17-OF 64
MICROFILMED 3.13.80
it may make certin recmmendati,.ns to the b arl of adjust-
ment as conditional uses, provided that due ccnsidoration
is given the character of the noighborhood in which the use
is permitter) and its affect on the value of surrounding
properties, and further, the particular site as it ralat,.s
to the nquimd open space and Off street parking facilities.
FRONT, R'. ;R .'JJD SID; R'SIUL'wTIONS -
(1) Fach two (2) family rlwellin s
fells• R hall have the
sing fr nt, roar and si�!u yard setbacks:
•d. FRONT YARD - There shall be a front yard
of n less than twenty -five (25) feet in depth.
B. IIEJ.R YAIN) - There shall be a rear yard
of n••t less than twenty -five (25) feet in depth.
C. SIDE YARD - Sirlo yards shall have provided
on enoh side of every dwelling of n,,t loss thin eight (B
fast or ten (10) purecnt of the average lot width, whichever
is the greater.
(2) Fcr F41tiple fardly Iwollings the following
front, r.ar aml si•lc setbacks shall be observed..
A. There shall be a front yar•1 of n•;t less
than twenty -five (25) feet in depth.
B. A side yard on oach silo of the wall of
the principal structure of n't less than ton (10) f,.ot.
However, f. -r a structure of more than two stories, (25)
(feet) in height, three (3) feet shall be ailed to side
yarl f,r each story above two. The minimum setback from
any street shall b4 the established setback line nn any street
or streets.
Co A rear yard shall
be provided of fifteen
(15) feet, howover, for structures in excess of teen (2)
stories txo the rear yard for each
felt shall be added t��
storY Waded.
D. In umrt style multiple Iwc.0 nva twenty -fivo
(25) foot shall be requird between buildings an'l where d,:-rs,
w+iminxs .r •,thcr openings in the builrlLy; wall of a living
unit face a wall centainint do�,rs, windows, . r other openings
6R 81.64
PAGE-18-OF 64
:,e
MICROFILMED 3.13.80
of the wing of the same building and /or a wall containing
d —re, windows or ether openings of mother building on the
same site, there shill b.: provided a minimum clear distance
of net less than twunty-five (25) foot. Said distnnco to
be moasur.d on a linu prajeeted at right angles at the
opening, from the wall containing the opening to the opposite
wall. Those Spacing raquirczsente sahll apply to all structures
on the situ; provided furthur, that centilevurS and open porches
may project from the building wall into the roquired open space
(court only) not mare thin four (4) feat and that stairways
may prcjoct from the building wall into the roquirud open
Spica (crurt only) m t moru than seven and one -half (7A) fact.
Stairways when lecatad in the required upan space (court) shall
be supported by the necessary columns only, support by a wall
is strictly prohibited. Accessory buildin @s (whurc not in
violation with the f,.rup ing r•_quiraments) may be located
rrt never than fifteen (15) feet F, the principal structure
or structures.
LOT COVEIM -
Fifty (50) percent of the lot area is the maximum
which may bu ctmered by the principal and accessory buildings
or structures located thereon.
HIHIHOII FLOOR ARE-It REMIEMENTS -
(1) The minimum floor area for a one (1) family
dwelling shall be eight hunlrod and fifty (850) square foA.
(2) The minlrum floor area fur a two (2) family
dwulling Shall b, fifteen hundr d (1500) square feet far both
dwellings.
(3) Thu minimum floor area for rultiple family
dwelling in excess of two (2) fv:dly dwelling shall have at
luast thrcc hunlr -A (300) square feet per dwelling unit.
OR
PAGE 10 64
I%
MICROFILMED 3.13.80
BUnDING MIGHT RZULATIONS - (None)
6. C-1 M3IGHBORHOOD COLLMCLIL DI;TRIGT -
The lama in this District abut certain principal
streets, the frontage of which are adaptable to selected coo-
mwrcial uses which serve primarily residential area adjacent
and tributary thereto, and do m)t disturb the peace .and tran-
quility of the neighboring area.
USES MR11ITTED -
1. Within any C-1 Neighborhood District no
buildings, structure, )and or water shall be used except
for one or more of the following uses.
A. Any use permitted in the R -3 and R-4
Multiple Family Dwelling Districts.
B. Apparel shops for men, woman and
children.
C. Bakery, the products of which are sold
only at retail on the promises.
D. Banks and office buildings.
E. Beauty salons an,! barber shops.
F. Department stores, drug, variety and
sundrie stores.
G. Floriet, interior decorating, gift
shops, antiques, china, luggage, jewelry and watch repair.
H. Grocery stores, meat markets, retail
gift fruit stands with packing house as accessory, super
markets.
I. Ha dwaro, paint, will paper, appliance,
radio and tclevishn, furniture stores.
J. Self Service Laundries and dry cleaning
-ick up stetinns.
K. Hotels.
L. Office supplies, books, news stands.
H. Ph.tographic supplies an' studios.
N. Public and private .automobile parking lots.
OR 81.64
PAGE -20-OF 64
// 7
co
MICROFILMED 3.13.80
0. Restaurants, including small food shops.
P. Shoe repairing, hat cleaning.
Q. Service Stations which aru 2000 feat
apart by shortest driving nmte.
R. liquor Stor,:s (retail) and cocktail
lounges.
S. Bawling alleys, Billiard and pool halls.
T. Now automnbilc sales agency and incidental
servicing departments.
I U. Wrtuarics.
Y. Printing, b "ok binding, lithography,
blue printing, photnstiting.
W. Theatre enclosed.
Any other retail store or service establish-
ment that in the judgum,nt of the Board of Adjustment are con-
sistent with these included above, an•I further, that will be
in hamOny with the spirit of this Ordinance may be granted
a ccnditional use upon proper petition.
FRONT, MAR IND SIDE Y AD R.'I;ULlTIONS -
(1) FRONT YhRD - Twenty -five (25) feat set
back minimum, except as specifiel in .,rticle 6, Paragraph 23.
(2) SILL YARDS - None except that when the
side ,f a lot in a Noighborhn -d Comnarcinl District abuts
up,n the side of a lot in a Rosiduntial District, there shall
be a silo yard of n,t less than ten (10) feat. The minimum
set -back from any strait shall be fifteen (15) fe,.t provid -1.
h-mover, that an corner lots n•• building shall extend beyond
the established act -back on said strait or str -ts.
(3) REAR YARD - There shall be a rear yard
of at least ten (10) feet.
(4) MASONRY IIALL - Whon a lot in a C -1
Neighborhnnd Cimmureial District abuts a lot, either t„ a side
rr to the rear in a R,:sidential District, thoro shall be a mas -nry
wall, a minimum of six (6) foot in height built and maintained
by owner ^f said ci,r rcial property along the Comm, rcial line
OR 81.64
PAGE -21-OF 64
Ij
C.?
MICROFILMED 3.13 -80
of abutment opposite the Commercial Building.
7. C-2 GEN.^•.R.'.L COM- MICL.L DIITRICT -
The lands in this district are developed with
various types of general commerci l servicing enterprises.
USES PERNITIED -
(1) Within arty C-2 General Cocamercial District
all buildings, structures, land or wall shall be used for one
or one or more of the following uses:
A. any use permitted in the C -1 Neighborhood
Commercial District.
B. Business colleges, vocational, trade and
private schools operated as a cocnercial enterprise.
C. Plumbing sales rooms with services
stored within the building with no yard storage.
D. Publishing eatablishnents,
E. Storage garage, public or private auto-
mobile parking.
F. Drive -In Theaters.
G. Used car lot, except in conjunction with
new car agencies.
N. lholesale Dyeing, Dry Cleaning and Laundry;
CONDITIONZ USfiS -
(1) Any retail store or seuvice establishment
that in the Judguent of the Planning -.nd Zoning Board is
consistent with permitted uses in this district and that is
in harmony with the spirit of this ordinance after public
hearing it may be recomrended to the Board of Adjustment as a
conditional use.
REMIT R'GULATIONS - (None)
FRONT, W3 R AND 11DF, YARD R:GULATIONS -
(1) FRONT YARD - Twenty -five (25) feet set
Ai'i�ui zd
back minimum except as specified in ARTICLE 14, Paragraph lr
(2) SIDE LIRAS - None except that when the
side of a lot in a Neighborhood Comercial District abuts upon
the side of a lot in a Residential. District, there shall be a
OR 81.64
PAGE-22-OF 64
c.ti
MICROFILMED 3.13.80
side yard of not less than ten (10) feet.
(3) REAR YARD - There shall be a rear yard
�f at least ten (10) feet.
(4) WISONRY VALL - 14hen a lot in a G-2
- zneral Commercial District abuts a lot, either to a side
or to the rear in a Residential District, there shall be a
masonry will, a minimum of six (6) feet in height, built and
maintained by owner of said commercial property along by the
corexrcial line of abutment opposite the commercial building.
BUILDING MIGHT R:GUL.TIONS (None)
8. K-2 MUTMIZ DISTRICT -
Tne lands in this district are used by a variety
.:ercial, storage and industrial operations. The purpose
of this district is to permit the normal operation of the
majority of industrial uses under such conditions of operation
as will protect the abutting residential and commercial uses.
USES Pi. 61TMD -
(1) Within any 14-2 Industrial District no
Building, structure, land or water shallbe used except
for one or more of the following uses:
A. Any use permitted in the C-2 Commercial
District.
B. Concrete Pipe and block manufacutre and
storage.
C. Co-,:-'. ¢axing plant,.
D. Kanufacture of pottery or other similar
ceramic products.
E. Public Utility plants.
F. Shoat metal working shop.
G. Steel storage and fabrication.
U. Automobile parts from Used Cars, provided
the area utilised for auto=biles and parts is enclosed by a
solid wall or fence not less than eight (8) feet high, to be
painted and maintained in an approved nanner; but in no event
OR 81.64
PAGE- �3-0F 64
I�
M ICROFILMED 3.13.80
shall dismantled cars be allowed to accumulate on the premises;
Blacksmith, Gas Steam - fitting shops; Boat or Yacht repairing
or overhauling, or Boat Building; Boat Slips used for the tying
up of boats for the purpose of overhauling or repairing,
Brewery Canning Factories, Carpet Cleaning, Dredging Base or
place where dredging supplies are kept and where dredges or
boats or machinery are stored, repaired or rebuilt, Fertilizer,
Fruit Packing and Fruit Pr serving, Furniture Manufacturing,
Ice Manufacturing, of more than ton (10) tons daily capacity;
Insecticide Manufacturing; Food Products, including the
grinding, cooking, roasting, preserving, drying, smoking or
airing of moats, fruits or vegetables (where more than five
(5) persons are employed on premises); Machine Shops, Marine
Warehouses, Mattress Manufacturing and Renovating, Motalizing
Processes, Milk or Ice Distributing Stations from which ex-
tensive truck or wagon deliveries are customarily made; Hill
Work Shops, Motion Picture Production studios, Novelty Works,
Ornamental Motal -Work Shops; Power or Stoam Laundries, Shipyards
and Drydocks, Storage Warehouse for food, fodder, otc.; Textile,
Hasiury and Weaving Hills, not closer than two hundred (200)
feet to a single or multiple f•uaily residential district;
Uolding, Warehouses for storage or products in the form sold
in a general connercial district.
COHDITIONA USES -
Manufacturing, processing, fabrication, repair
and servicing of any comrodity or product that does not croate
possible dangerous, smoky, odorous or other objectionable
conditions may be granted a conditional use when after review
of an application '.rd plans appurtenant thereto and public hearing
thereon, the Planning and Zoning Board finds a+ a fact that the
proposed use or uses or consistent with the zoning plan, the
public intornst and the spirit of this ordinance the Board of
Adjustment may permit such conditional uses.
OR 81-64
PPGE-u-OF 64
ij
` MICROFILMED 3.13.86
THE MW IM USES .UM HEREBY PRDHIBIIBD:
Acetylene Gas Celluloid Fireworks
Acid Cellulose Products Fish Cannery
Animal Reduction Chlorine Gas Glue
Plants Coal Tar Products Guncotton
Bleaching Powder Creosote Commercial Incineration
By- product: of Fish Slaughter House of refuse
By- products of Wood Soap Manufacturing, Explosives
Distillation All Types Livestock Yards
Calcium Carbide Fertilizer Products of Compound
Largo Scale Sewage Snelting of Hydrocyanic Acid
Disposal Plants Wood Pulling Pyroxyllin Plastic
Matches Paper and Pulp Hills Rcfusc Disposal Plants
Oil Refinery Phenol
Oil Wells Potash
Size or Gelatine
SPECIAL. Rita IREWEN tl -
(1) No establishment or industrial use
permitted in this Section, however, shall be located within
one hundn:d (100) feet of any single or multiple residential
district, except after a public hearing.
(2) it all manufacturing establishments, or
rebuilding or repair places permitted in any industrial
district, all materials and products shall be stored and all
manufacturing: or r, building;, repairing or renovating operations
carried on entirely within substantial buildin,s or completely
enclosed within substantial approved walls or fences, excepting
only Sipyards, Dry Docks, Boat Slips and the like, where
necessary frontage on the water may be open.
(3) The pr,miscs used by gasoline, oil
and petroleum storage tanks shall he surrounded by au unpierced
fire wall or dyke of such height and dimensions as to contain
the maxims capacity of aforesaid tanks with twenty (20%) per
cunt margin of safety. All store; a tanks and adjacent
atructuius shall meet the requir-- meng.s of the National Board
of Fire Underwriters as issued for 1938 or later.
(A) The foregoing paragraph requiring; an
unpierced fire wall or dyke shall not apply to storage tanks
containing liquified petroleum, commonly known as bottled
gas; such tank, may be cr,:ctod without said wall and dyke.
BUILDIIIII K I ^HT Iin01 LIM0IJ5 - (IJone)
OR 81.64
r "r,E -25-OF 64
�zz
MICROFILMED 3.13.80
L
FRONT, R AR AND SIDE YARD. REGULATIONS - (None)
9. GENF..L'L CLISSIFICATION DISTRICT.
The lands in this district are currently
submerged lands located in the Banana River. In the event
a bulkhead linu Is established or re- located, the land so
embraced by the establishment or extension of a bulkhead
line in the Banana River shall be classified as G-C 'Zoning
District, and no building permit shall be issued in the
said district until the land so elrasified shall bo properly
zoned by the City Council either as:
R -1 A One (single) Family dwelling district,
R -1 One (single) Family Dwelling district,
R -3 11altiple Family dwelling district,
R -4 VUtiPlo Family district,
G-1 Neighborhood Commorcial District,
G-2 General Commercial District,
1'i-2 ' Industrial District,
G-C General Classification.
ARTICLE VI. GENE dd. PROVI Ion', .16`1 EXCEPTIONS.
That the foregoing; regulations shall b� subject
to the following provisions and exceptions:
I. OCEAN BUJFF LINE S-MkCK
No private buildings or structures, including
artificial screening and fences, over four (4) feet in height
shall b: constructed, installed or located loss than thirty
(30) Is -.t from the uaste.most top udge of the natural ocean
bluff her "by dosig;nated as the Ocean [sluff Line, provided,
however, construction of swimming pools are op..eifieally
excluded from this section. The City Engineer shall deter-
mine and designate the Ocean Bluff Line prior to construction
on lots or parcels abuttiry, the Ocean Beach.
2. DULKR^.US
A bulkhend mty be installed to protect Lind
from water action and erosion, but shall be installed to
OR 81.64
PAGE -26-OF 64
�d3
l
MICROFILMED 3.13.80
city mquirements and a city permit shall be required and
approved by the City Engineer prior to construction. 'rho
Ocean Muff Line shall be considered as thu bulkhead line
for the Ocean Bluff.
3. FENCE., HEDGES AND SC:t;,NI %G
A. No fence, wall, hedge, planting, screening
or structure over four (4') Sect high shall bu maintained
within twenty (20) feet of any corn-,r intersection of street
right —of —way lines, unless it is the opinion of the building
inspector that ouch fence, wall, hedge, planting, screening
or structure is not an impediment to normal traffic..
B. No fence or wall shall be erected over
six (6) fwt in h-.ight in rear or side yard nor over four
(4) tout high in any front yard.
C. No fences, wall, or structure shall be
erected or installed on or across a public utility casement,
except that a temporary fence may be emctcd or installed,
provided that it be erected or installed in sections that
will allow for r..moval.
D. All fences, walls, screening or structures
shall be installed to city requiruaents and a city permit
shall he required and approved by the Building Inspector
prior to construction, erection or installation.
4. FRONT Y ;.RD EXCEPTIONS DJ MELLING DIS'I'RIC'rS
More lots comprising forty percent or more of
the frontage on one siric of a block are developed with buildings
at the time of the adoption of this Ordinance the average
alignment of the existing building along
block and no building
such frontage shall
}'
be the front yard lino of said sa ig
hereafter oroct,:d or structurally altered shall project
beyond it, provided, however, that no front yards shall be
luau than twenty fuLt in depth.
5. LUCATION OF ACCES30HY 0UILDING3 AND USES 114
RESIIENTIZ ;JC:..S.
A. Accessory buildings rust be construct-.d
simultaneously with, or following thu construction of the
main building. OR 81.64
PPGE27 -OF FA lad
r. i
MICROFILMED 3.13.80
B. When an accessory building is attached to
a principal structure by a breezeway, roofed passage or
otherwise, it ohall comply with the dimensional requirements
of the principal building.
C. A detached accessory building, or a garage
apartment, shall not be closer than ten (10) feat to the
principal building, nor closer than five (5) f—t to a side
or back lot line, nor closer than six feet to any other
accessory building on the same lot.
D. No detached accessory building shall be
located on the front half of a lot.
E. An accessory building shall not exceed
twelve (12) feet in height nor may occupy more that thirty -
five (35) percent of total area of a rcquirrd rear yard.
6. YARDS
A. Every part of a required ,yard shall be open
from its lowest point of the sky, unobstructed, except for
the ordinary projection of sills, belt courses, cornices,
buttresses, ornamental features, chimneys, fluos, and caves,
however, no such projection shall exc—d thirty inches in
width.
B. On double frontage through lots, the
required front yard shall be provided on each street.
C. Monever a lot abuts upon an alley, none
of the alley width may be considered as a portion of the
required mar yard.
D. The narrow width of a corner lot shall
deturnine its front for purposco of memory; the requirements
of front and aide yards. In cases of ruvrrsud frontages,
the detcmination of front and side yard depths shall be
trade by the Board of Adjustment.
7. CUT CR BMAKING CURDS, SID,I /, UCS AND STIC. TS
It shall be unlawful for any px3on, firm,
or corporation to cut or break any curb, sid.:walk or street
OR 81.64
PAGE -28-OF 64
l�'
MICROFILMED 3.13.80
. without first obtaining a permit from the Building Inspector
of the City of Cape Canaveral,
B. It shall bo unlawful for any purson, firm
or corporation to install on or under any curb, sidewalk or
street any pipe, sewer, conduit, cable, wino, hose, line,
or any other iten, without first obtaini g a pernit from
the Building Inspector of the City of Cape Canaveral.
C. ably person, firm or corporation desiring
a permit to cut or break any curb, sidewalk or street, or
to lay on or under any curb, sidewalk or street, any sewer
pipe, conduit, cable, wire, hose, line or any other item,
shall make written application therefor to the City Building
Inspector, stating the street, curb, or sidewalk involved,
the work to be done, and the Line and place that said person,
firm or corporation dosiren to do the work described in said
application. Ih: Building Inspector after being satisfied
that the work dosircd in said application and the method
of porfonaing said work will not b.. unduly injurious to the
curb, sidewalk or street, shall thcr.wpon issue a pen dt to
the applicant and all work perfons;d shall b.: in accordance
with the application and permit and all work done shall be
under the inspection and supervision of the Building Inspector
and them Building Inspector shall have full authority to see
that said work is perforre:d in a msnn,r least injurious to the
curb, sidewalk or street and in a manner satisfactory to him.
Iho said Inspector shall have authority to have the work
stopped at any time, rc3ardlus3 of the fact that purniL has
b.:en issuud, if in his opinion the manner in which said work
is bcini, purform:d shall r.sult in unforusu..n injury to the
curb, sidewalk or stro.a.
B. DRIVING ON SIDEWALKS
A. It shall b:: unlawful for any person to drive
any automobile, motor trucks, or other motor vohiclu on, upon,
or across any sidewalk within the City of Cape Canaveral,
except at permuuontly extablishA driveways, without first
taking all pr.uaution necessary to prevent injury and breaking
boards or other protective
of said sidamlk by the p�aci8T
6of4
PAGE -2904 64
l
MICROFILMED 3.13.80
covering of sufficient strength to prevent injury or
bn.akagu, over the sidewalks buforo driving on, upon or
acres. the same.
B. Any person, firm, or corporation damaging
and injuring a saidewalk by driving on, upon, or across the
same with an automobile, motor truck, or other motor vehicle,
shall repair or cause the same to be repaired within five
(5) days from the injury or bronkago, and should the person
responsiblo for the breakage and the r +.sulting damage fail
to rupair the iamp within five (5) days, than and in that
event, the City of Cape Canaveral shall have the power and
authority to repair said breakage and recover the cost
thoroof from the person, fin.i or corporation responsible for
the breakage.
9, SVIDNINC POOLS -
Swimming pools shall be installed to City
requirements and a city permit shall be required and approved
by the Building Inspector prior to construction or installation.
A. Swindng pool actbackii shall conform to the
zoning requirements if roofed or enclosed. If not so roofed
or enclosed by screening or other material, the outside wall
of the pool shall not be clonor than fi,c (5) fa-t fron any
easum:nt or lot line. All setbacks shall bu measured from
the part of the pool nuarust the property line in question and
shall be the same as those provid:d above for accessory building.
B. No swbmAng pool shall be so locatod, dosigncd,
opuratcd or maintained as to interfer, unduly with the enjoyment
of their property ri, ?hts by owners of property adjoining swinging
pool.
C. Lights used to illuminate am swi"Ang pool
shall be arr+u4;w1 or shad.d as to reflect light awy from
adjoining pn.miscs.
10. AUTOMOBILE TMICE STMUN REQUIMAENTS -
A. ill Crinoline pumps and gasoline stora,;, tanks
shall b., set back at least fifteen (15) Sent from the right -of -way
line, cr to an ,st.ablishod setback line and all gasoline storage
OR 81.64
PAGE-36-OF 64
wQ
MICROFILMED 3.13.80
tanks shall ba installed under ground.
B. The number of curb breaks or driveways
for one establishment shall not exceed two (2) sixty (60)
foot maninua driveways for each frontaro road and located
not closer than fifteen (15) feet from a street intersection
or lot line. Curb breaks and driveways shall be made or
constructed to city specifications and a city permit shall
be required and approved by the Building Inspector prior
to broaking of any curb or installation of a driveway on
or across any right -of -way having a curb or sidewalk.
C. No gasoline and oil filling station
and no service station (which shall mean the main building)
shall be erected or located in a C-1 Neighborhood Commercial
District, within one hundred and fifty (150) fact of the
property of any existing church, hospital, or public or
parochial school or playgrounds, provided, however, that
nothing horcin shall prohibit:
(1) The operation of existing gasoline
and oil filling stations or service stations, provided,
that no station is ry,rmitted within 2000 ftet of an existing
station by shortest vehicle route.
11. RUB9I511 ON SITE -
On all lots or aercaic there shall be no trash
or debris buried as a raault of cleaning the lots for building
or otherwise, all &bris must be burn,d or transported fron
tho prcmiaca in sccordancu with sound fire pnry ration and
sanitary practices, There shall be no incinerators installed
without pcmainsion by the Board of ;,djustm.,nt.
12. SLHTf.RY HL: ?UTAr'.I4it7 "S -
fal buildings nust comply with the r.,gulations
of the State Board of Health as to all sanitary facilities or
usage of said buildings.
PAGE -31-OF 64
�a�
MICROFILMED 3 -13.80
13. HWEL X I X- WAUWXT HDiUIHEMENTS -.
In addition to the Grdinance of the City of
Cape Canaveral, all apartments, motels and buildings must
also comply with the Florida Hotel and Restaurant Cosmission
regulations provided tho use of said buiidinCS or building
come under the inspection of the Florida Hotel and Restaurant
Commission.
14. BUILD114G NOVI14G -
No building shill be moved into the City of
Cape Canaveral piecemeal or in its entirety, without permission
of the Board of Adjustment after hearing by the Planning and
Zoning Baird. No arc - fabricated building shall b. eructed
in -the City of Cape Cemvural except by permission of the
Baird of Adjustment after hearing by the Planning and Zoning
Baird.
15. W. MT CON- TRUCTION -
No public rondo, or streets shall be constructed
in Cape Canaveral by any persons other than the City, County
or State without approval of their sit and sp:cifications
by the Board of Adjustment after hearing by the Planning and
Zoning Boird.
16. PUBLIC UTILITISS -
Structures or uses r<:quired for such public
utilities is gas, water, electric, scwuraCe and telephone can
be located within any district upon a public hearing b/ the
Planning and Zoning Board and approval of the Board of Adjustment.
17. }tiCL'.11.9;0 W D.S -
All lands n clair:d and /or built up by drAging
and /or other mwins from the Binani River shall have a minimum
grade of seven and one -half (7l) feet above m;an high water.
Raid grade shall be six and one -half (6w) feet above mean high
water.
lU. S1s /CRAE DI4PO;:1L (TW;,;fi1:PoT) F- CILITD S -
4 sewerage disposal (trusts nt) facilities
(temporary or Winancnt types) shall not b. located within nix
OR 81.64
PAGE -3zaF 64
ia9
� N
ti MICROFILMED - 3.13,30
• hundred (6DO) feet of n residential district and /or trailer
park.
19. W.,T. R MINE ,I,D L,',T.+fVdZ -ill water mains and
laterals shall be a minimum of six (6) inches in diameter and
must be approved by the City Engineer.
20. LIQUOR R6QUE,TS -
Application for zoning permission for bars or
cocktail lounges or package stores shall be considered each
on its own merits by the Board of Adjustment after hearing by
the Planning and Zoning Bo rd.
21. ADVERTISING BILLBOADS -
No advertising billboards will be permitted in
the City. Lighted signs will be authorized only to the extent
approved by the Board of Adjustment after hearing by the
Planning and °oning Board. Under this Ordinance a billboard
is designated as any sign advertising or conveying information
of services that are not available within the limits of the City
of Cape Canaveral. Thio Ordinance prohibits the use of signs
advertising a general product for which onl-1 an outlet is
provided except on the property on which the outlet is Located.
22. C1.U.,L 4IDTH -
All canals constructod in the City of Cape Canaveral
shall be a minimum of eighty (80) feet wide.
23. S3T B.CR M',QUI}t:P MTS - S^9:Ck.L
(a) State Highway #401: .astronaut Blvd.
1. Set back on east side from southern city
boundary North to Range Line 23 will be fifty (50) feet from
highway right -of -way and not beck on East side from Range
line 23 to Northern City Boundary shall be a minimum of
seventy -five (75) feet from highway right -cf -way.
2. Set back on West side of Highway #401 from
Southern City Boundary, to Northern City Boundary shall be n
minimum of seventy -five (75) feet from highway right -of -way.
(b) North .tlaritic —enue (also known as State
OR 81.64
PAGE -33-OF 64
l�
MICROFILMED 3.13.8()
' Road N401) setback, each side, shall be a minimum of seventy -
five (75) feet from center line of road from the Southern
to Northern Boundary.
(c) Ridgewood Avenue - Setback, each side shall
be a minimum of twenty -five (25) feet from road right -of -way
from the Southern to Northern Boundary.
21.. M91 TRI.ILL:3 P.RKS .ND /011 SUBDIVISIONS -
'there is hereby adopted and made a put hereof
Section 15 of Resolution No. Z -1, known as the "Brevard
County Zoning Regulations ". Said action referring specifically
to trailer and trailer parks.
(a) For purposes of construction of said Section
15, Resolution No. Z -1 wherever Brevard County Zoning Department
is referred to, shall mean the Board of ,adjustment of the City
of Cape Canaveral and wherever Brovard County health Officer
is referred to in Section 15, for purposes of construction and
enforcement of this Ordinance, Brevard County Health Officer
shall mean the Health Officer of the City of Cape Canaveral.
It is specifically provided that the Board of ,adjustment shall
not act upon any application for permits to the Planning and
Zoning Board for public hearinG and its recommendations.
dRTICLF. VII. OFF 7MEET RMIM'I:. ND LO .DING RGOUL.TIONS
1. DEFINITION -
For the purpose of this ordinance, one auto-
mobile p•:rking space shall be a mini,.aim of nine (9) feet by
twenty (20) feet (ono hundr,d and eighty (180) square feet
usable for the ryhrking of an automobile and exclusive of ingress
and egress drivewa -a to connect the parkihu, space with a public
street or alley. Sidewalks, porches and landscaped areas shall
not be consi4ered a put of a parking space.
2. OFF STRCRT P.!1KING R.GUL,TIDNS -
d. There Will be provided at the time of the
erection of any main building, or structure or at the time any
main building or structure is enlirred or increased in capacity
by adding dwellin,; units, guest rooms, floor area or srhts,
Oft 81-64
PAGE -34-OF 64
131
M
MICROFILMED 3.13.80
minimum off street automobile parking space with adequate
provisions for ingress or ogress in accordance with the
following requirements:
1. Auditorium, theaters or other places of
assemble - one space for each three persons or seats.
2. Buainess or commercial buildings - one apace
for each three hundred squire feet of customer sales area.
3, Churches, temples or places of worship - one
I space for each four persons or seats.
4. Clubs or lodges - one space for each four seats
of persons accomodat. +d in the assembly hall or auditorium.
5. Dwelling structur(.s shall have one parking
space per efficiency unit; one and o -, .. ter parking
space (10 per one bedroom unit; and one and one half (1})
parking spaces per two bedroom unit. Any fractional puking
space shall be considered a fully parking space.
6. Hospitals, sanitariums - one space for each
four patient beds, exclusive or spaces required for doctors,
attendants, nurses, and ambulances.
7. Hotels - one space for each bedroom.
S. Libraries, museums - a parkin-,. area equal to
fifty percent of the floor area open to the public.
9. Manufacturing and industrial uses - one space
for each three employees on the largest working shift.
10. Medical or dental clinics - five spaces for
each doctor or dentist.
11. Mortuaries - one spice for every six seats
of chapel capacity, plus one additional space for each three
employees.
12. Motels - one spice for each sleeping unit plus
one space for the owner or manager.
13. Hursing or convalescent homes - one space for
each four beds.
14• Office and professional buildings - one space
for each three hundred square fe„t of gross floor area.
OR 81.64
PAGE -35 -nF rA
I l
••rr
rJ
MICROFILMED
15. Restaurants or other eating places - one
spice for each throe seats.
16. Rooming, boarding houses - one space for
each bed.
17. Cocktail Lounges - one space for each three
seats.
18. Schools - one space for every six suits in
the main auditorium.
3. LOCATION -
A. Parking spaces for all dwellings shall be
located on the same property with the main building to be
served.
B. Parking spaces for other uses shall be
provided on the same lot or not more than three hundr -d (300)
feet distance.
C. Parking requirements for two or more uses,
of the same or different types, may be satisfied by the
allocation of the required number of spices of each use in
a common parking facility, provided that the total number of
spaces is not less than the sum of the individual require-
ments and that the requirements of location arc complied with.
Q. OFF STREiT LOADING RMUL:ITIONS -
The following spaces shall be provided for
the uses indicated.
A. Every hospital., institution, hotel, single
occupancy, commercial. or industrial building, or similar use
having a floor area in excess of ten thousand (10,000) square
feet requiring the receipt or distribution by vehicles of
materials and wrchandis-., shall have at least one permanently
maintained off street loading space for the first ten thousand
(10,000) square foot, and one additional spice for each twenty
thousand (20,000) square feet of gross floor area or fraction
thereof, over and above the first ten thousand (10,000) square
feet.
OR 81.64
PAGE -36{1F AA
f�
:C
MICROFILMED 3.7a_s
B. Single occupancy retail operations, w'•olesalo
and industrial operations with a gross floor area of less than
ton thousand (10,000) square feet shall provide sufficient
receiving space on the property so as not to hinder the free
movement of vehicles and pedestrians over a side walk, street
or alley.
C. Each space shall have direct access to an alloy
or street and sh ll have the following minimum dimensions:
Length, forty -five (45) feet; width, twelve (12) feet, height,
fourteen (14) feet.
5. PERbt'MIT MSERV1TION5 -
Area resorved for off street parking or loading
in accordance with the requirements of this section shall not
be reduced in area or changed to any other use unless the
permitted use which it serves is discontinued or modified
except whom, equivalent parking or loading space is provided
to the a•.tisfnction of the Board of hdjustment.
ARTICIL VIII - ADHINISTILMON :JX ENFOdC MUM -
BUILDING FEMITS :JID CgRTIFIC:.Ye:9 OF ZONING COIPLLNCE.
1. AMINIS7RMON .ND ENFORGMENT -
A. An -.dmdnistrative official designated by the
city council shall administer and onforcu thin ordinance.
He may be provided with the assistance of such other persons
as the city council may direct.
B. If the administrative official shall find that
any of the provisions of this ordinance are being violated,
he shall notify in writin,; the person r..sponsible for such
violations, indicating the nature of the violation and
ordering the action necuss:ry to correct it. He shall order
discontinuance of illegal use of the Lu:d, buildings, or
structures; rumoval of illegal buildings or structures or
of additions, alterations or structural ch mL..s thurcto;
discontinuance of -my illegal work being done; or ohall take
any other action authorized by this ordinance to insure compliance
PAGE-37•0F 64
t/
MICROFILMED 3.13.80
with or to prevent violation of its provisions.
2. BALDING PMUTS RR411IR.;D -
A. No building or other structure shall be
erected, moved, added to, or structurally altered without
a permit therefor, issued by the administrativo official.
Nu Wilding permit shall be issued except in conformity with
the provisions of this Ordin•anee, except after written order
from the Board of ,,djustment.
3. APPLIC MON FOR BUILDING PER14IT -
A. ,111 applications for building permits shall
be accompanied by plans in duplicate, drawn to scalo, showing
the actual dimensions and shape of the lot to be built upon;
the exact sizes and locutions on the lot of buildings alroady
existing, if any; and the location -.^and dimensions of the pro-
posed building or alteration. The application sh 11 include
such other information as lawfully may be required by the
administrative officil, including existing or proposed building
or alturration; existlnf or proposed uses of the building and
land; the number of families, hcuackecping units or rental
units the building is designed to accomodatu; conditi -mS
existing on the lot; and such other matters as ruW to necessary
to determine conformance with, and provide for the enforcement
of this ordinance.
D. Ono copy of the plans shall be returned to
the applicant by the administrative official, after he shall
have marked such copy either as approved or disapproved and
attested to same by his signature on such copy. The second
copy of the plies, similarly marked, shall be r;taincd by
the administrative official.
4. CERTIFIC ;,7-,'S OF ZONING CONPLLINVE FOR NEW,
ALT-E.TED, OR NON - CONFORMING USES -
A. It shall be unlawful to use or occupy or
permit the use or occupancy of any building or premises, or
both, or part thcr,of hur—fter arc atud, orected, ch urge,
converted, or wholly or partly•ltercd or enlarged in its use
P81-64
h
AGE - 8-OF 64
MICROFILMED 3-13.80 1
— f:Uu,ttur, tujtil -'i c,rti i imo .>j, .,Ii.-.r, :_4. Li-n,•, t',,l I
h,ve b•..:a is:itjoa thurot'or !,y t1j, Tkinvt.r-itili, lofl�j. A
stating that Lho Pr0PPsGd use of thu, buildins, or land conjojj,,,
C... or thin ordaw::x.
H. No Don-"nforlrj-ng structur, or use 3,1,CLI bu
maintained, roncv-d, cIvir4-_d, or i3 Ion 14 :1 until
of ,11til %,*_
.1 by th, 1'. ot, at ij
off'ciai '4110 certificate U -:-r •!..a.? -.t
-1 'c ifiulll whr,la h-j r;X•-co—foTAq use; ijrftj frc a th
prwi riu.:js rf this cx-linnz , rmvid-d th-it Lr.cr, cri-Letmnt
or P,.,.nhv,r;t 11' this
confQr--411g un's or
within 9,rc- month:; shall 11" rrL---j't.j.'1
that the pr-p.rt.y In , . it to. nl'.t
went or aiwi,duent of tUL' t,rii-n;.ncj.
C. ?. , , ....it f . .. : : '. , -
or rl-.;7 il!- f tiIA q I_ jn::u: I I.t.11
has been made for a certii'Lerte of md the
certificate shall be issued in conformity with tho provisions
of this ordinance upon aor;plction of the work,
D. A Unporary e,rtifle:tv of zoning v_jjlj,uj-c
may be issued by the vbRinistritivu official for a period not
`xco`d'r1& six 1111.114; Ut—'Minns or .—rt',' .,coj:M.y
of i building. P!ndilll; its rom-111,ticn, rni,.ide1 that ruck
tomporlry cortificatc may require such conditions and safe-
guard., is will rr, t.:ct. th, -f tio. ij,.d the
public.
E' the administrative official shall rw,itair,
a rOcOrd Or all certific too of zoning ceMpll•mcu, and copies
S)vLU be furnished upon request to any person.
F. Failure to filst-%ill a cortific%to of coning
compliance shall be a violation o^ this ordInv,co ;md runishable
under Section 16 of this ordin.mr.c.
OR 81.64
PAGE-39-OF 64
134
MICROFILMED 3.13.80
5. E%PMTION OF BUILDING MWIT: SPECIAL. BUILDING
PEANIT —
A. If the work described in any building permit
has not Wgun within 90 days from the date of issuance,
thereof, said permit shall expire and be cancelled by the
administrative official, and written notice thereof shall be
given to the persons affected. Provided, however, that in
the event the work described in any building permit has not
^
be.a within 90 days from the date of issuance thereof, the
Administrativa C` 'car may grant a 90 day extension of said
building permit upon proper application and no fees shall be
charged for the said extentlon.
D. If the work doscribed in any building permit
M* not boon substantially completed within one year of the
date of issuance thereof, said permit shall expire and be
ncolled V, the ndrinist native official, and written notice
thereof shall be given to the persons affected, together
with notice that further work as de !scribed in the caneolled
permit shall not prorced unless and until a rpucial Luilding
Permit has been obtained.
C. At the discretion of the administrative official,
such special permit may be based on the original application
or he may require submission of a new application. 'fie
special permit may include limitations on time allowed for
aubstartiaL_ completion of the work, and provisions for a
reasonable performance bond to insure completion within the
time limit set.
ARTICLE IX — BOAAD OF ;,DJUSTIENT: PROCEMM
1. The City Council sitting as the Board of
Adjustiimt is hereby established.
2. PROCIMMINOS OF THE BO.'M OF ..DJUS :T;! T —
A. Tho Board of Adjustment chill a?O;t, rules
nee^ ^_nary for the conduct of ita affairs, and is keeping with
the previsions of this ordinance. Gcetinca rh•ll bar held at
OR 81.64
PAGE so -OF 64
137
�0
r
MICROFILMED 3.13.$()
the call of the chairman and at such other times as the
Board of Adjustment may determine. The %airman, or in his
absence the acting chairman, may administer oaths and compel
the attendance of witnesses. All meetings shall be open to
the public.
B. The Board of Adjustment shall keep minutes
of its proceedings, showing the vote of each member upon each
question, or it absent or failing to vote indicating such fact,
and shill keep records of its examinations and other official
actions, all of which shall be a public record and be immediately
filed in the office of the Board.
3. HEARINGS: APPEAL4: NOTICE
A. Appeals to the Board of Adjustment may be
taken by any person aggrieved or by any officer or bureau of
the governing body of the city affected by any decision of the
administrative official. Such appeals ahallbe taken within
a reasonable time, not to exceed 60 days or such lesser period
as may be provided by the rules of the Board, by filing with
the administrative official and with the Board of Adjustment
a notice of appeal specifying the grounds thereof. The
administrative official shall forthwith transmit to the Board
all papers constituting the record upon which the action appealed
from was taken.
B. The Board of Adjustment shall fix a reason-
able time fort he hearing of the appeal, give public notice
thereof as well as due notice to the parties in interest, and
decide the same within a reasonable time. At the hearing, any
party may appear in person or by agent or attorney.
4. STAY OF PROCEEDINGS
An appeal stays all proceedings in futherance
of the action appealed from, unless the administrative official
from whom the appeal is taken certifies to the Board of Adjust-
ment after the notice of appeal is filed with him, that by
mason of facts stated in the certificate, a stay would, in his
OR 81.64
PAGE -41 -0F 64
13f
MICROFILMED 3.13.80
opinion, cause imminent peril to life and property. In
such case proceedings shall not be stayed other than by
a restraining order which may be granted by the Board of
Adjustment or by a court of record on application, an notice
to the administrative official from whom the appeal is taken
and on due cause shown.
5. THE BOARD OF AWUSTK;NT: POKERS AND DUTIES -
A. The Board of Adjustment shall have the
following powers and duties:
1. Administrative review - To hear and
decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by the
administrative official in the enforcement of this ordinance.
2. Special Exceptions: Conditions Governing
Applications; Procedures - To hear and decide only such
special exceptions as the Board of Adjustment is specifically
authorized to pass on by the terms of this ordinance; to
decide such questions as are involved in determining whether
special exceptions should be granted; and to grant special
•:xeeptions with such conditions and safeguards as are appropriate
under this ordinance, or to deny special exceptions when not in
harmony with the purposes and intent of this ordinance. A
special exception shall not be granted by the Board of Adjustment
unless and until:
(a) A written:pplication for a special
exception is submitted indicatLng the si.etion of this ordinance
under which the special exception is sought and stating the
grounds on which it is requested;
(b) Notice shall be given at least fifteen
days in advance of public hearing. The owner of the property
for which special exception is sought or his agent shall be
notified by mail. Notice of such hearing shall be posted on
the property for which special exception is sought, at the
City Nall, and in one other public place at least 15 days prior
OR 81.64 131
PAGE- 42 -OF 64 !;r
MICROFILMED 3.13.80
to the public hearing;
(c) The public hearing shall be hold.
Any party may appear in person, or by ag,nt or attorney.
(d) Thu Board of Adjustment shall make
a finding that it is ompowered under the section of this
ordinance described in the application to grant the special
exception, and that the granting of the special exception
will not adversely affect the public interest.
3. In granting any special exception, the
Board of Adjustmant may describe appropriate conditions and
safeguards in conformity with this ordinance. Violations of
such conditions and safeguards, when made a part of the terms
under which the special exception is granted, shall be doomed
a violation of this ordinance and punishable under SeclLion 16
of this ordinance. The Board of Adjustment shall prescribe
a time limit within which the action for which the special
exception as required shall be begun or completed, or both.
Failure to begin or complete, or both, such action within the
time limit set shall void the special exception.
4. Variances; Conditions feverninf, Applications;
Procedures — To authorize upon appeal in specific Cases such
variance from the terms of this ordinance as will not be
contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of this
ordinance would result in unnecessary hardship. A variance
from the terms of this ordinance shall not be granted by the
Board of Adjustment unless and until:
(a) A written application for a variance
is submitted demonstrating:
L. That special conditions and circumstances
exist which are peculiar to the land, structure, or building
involved and which am not applicable to other lands, structures,
or buildings in the same district;
2. That literal interpretation of the provisions
Oft 81.64
PAGE -43 -0F 64
c;�
MICROFILMED 3.13.80
of this ordinance would deprive the applicant of rights
commonly enjoyed by other props: ties in the same district
under the terms of this ordinance,
3. That the special conditions and circum-
stances do not n,sult from the actions of the applicant;
4. That granting the variance requested
will not confer on the applicnt any special privilege that
is denied by this ordinance to the other lands, structures,
or buildings in the same district.
(b) No non - conforming use of neighboring
lands, structures, or buildings in the same district, and
no permitted use of lands, structures, or buildings in other
districts shall be considered grounds for the issuance of a
variance.
(c) Notice of public hearing shall be given
as in Section 9 (2) (b) above;
(d) The public hearing shall be held. Any
party may appear in person, or by ng nt or by attorney;
(e) The Board of Adjustment shall make
findings that the requirements of Section 9 (3) (a) have boon
met by the applicant for a variance;
(f) Tiae doard of Adjustment shall further
make a finding that the reasons set forth in the application
justify the granting of the variance, and that the variance
is the minimum variance that will make possible the reasonable
use of the land, building, or structure;
(g) The Board of Adjustment shall further
make a finding that the granting of the variance will br: in
harmony with the general purpose and intent of thin ordinance,
will not be injurious to the neighborhood, or otherwise detri-
mental to the public welfare.
(h) In granting any variance, the Board of
Adjustment may pr.:scribe appropriate conditions and safeguards
in conformity with this ordinance. Violation of such conditions
0R 81.64
IJ41
PAGE -44-OF 64
r
MICROFILMED 3.13.80
and safeguards, when made a part of the terms under which
the variance is granted, shall be deemed a violation of
this ordinance and punishable under Section 16 of this
ordinance.
(1) Under no circumstances shall the Board
of Adjustment grant a variance to permit a use not generally
or by special exception permitted in the district involved,
or any use expressly or by implication prohibited by the
terms of this ordinance in said district.
5. Decisions of the Board of Adjustment.
(a) In exercising the above mentioned
powers, the Board of Adjustment may, so long as such action
is in conformity with the terns of this ordinance, reverse
or affirm, wholly or partly, or may modify the order, requir:-
=nt, decision, or determination appealed from and may make
such order, requirem(.n "t decision, or &-termination as ought
to be made, and to that end shall have powers of the admin-
istrrdive official from whom the appeal is taken.
(b) The concurring vote of four members
of the. Board shall be necessary to reverse any order, require-
ment, decision, or determination of the administrative official,
or to decide in favor of the applicant on any matter upon
which it is required to pass under this ordinance, or to
effect any variation in the application of this ordinance,
ARTICLE X. SCHEDULE OF FEES, CHARGES AND EXPENSES -
1. The City Council shall establish a schedule
of fees, charges, and exponses, and a collection procedure, for
building permits, certificates of zoning compliance, appeals,
and other matters pertaining to this ordinance. This schedule
of fees shall be posted in th- office of the administrative
official, and may be altered or amended only by the City Council.
2. No permit, certificate, special exception, or
variance shall be issued unless or until such costs, charges,
fees, or - xp -nsca have been paid in full, nor shall any action
Ui; 81.64
P ^ GE -45QF 64 I�z
MICROFILMED 3.13.80
be taken on proceedings before the Board of Adjustment unless
and until preliminary charges and fees have been paid in full.
ARTICLE XI. ANENDNENTS -
1. The regulations, restrictions and boundaries
out forth in this ordinance may from time to time be amended
supplemented, chapged or repealed, provided, bowover, that no
such action may be t•dcen until after a public hearing in
relation thereto, at which parties in interest and citizens
shall have an opportunity to be heard. At least fifteen
days notice of the time and place of such hearing shall to
published in a newspaper of general circulation in the city.
2. In case, however, of a protest against such
change signed by the owners of twenty puraont or more either
of the area of the lots included in such proposed change, or
cf those owners within 500 feet in any district from the
property included in such proposed change, such amendment
shall not become effective except by the favorable vote of
threw- fourths of the City Council.
ARTICLE XII. PROVISIONS OF O:iDINALCE DECLARED TO
B:: I111'I}N61 R`7j1IR1.:CHTS -
In their interpretation and application, the provisions
of this ordinance shall be held to be minimum requirements,
adopted for the promotion of the public health, safety, morals
or general w.1farL. Wherever the requirements of this ordinance
are at variance with the requiremnts of any other lawfully
adopted rules, regulations, ordinances, the most restrictive
of that imposing the higher standards uhall govern.
ARTICL': XIII. CO11PLAINTS FUGARDING VIOLATIONS -
':7ienuver a violation of this ordinance occurs, or
is alleged to have occurred, any parson may file a written
complaint. Such complaint stating fully the causes and basis
thereof shall b,: filed with the administrative official. He
shall record properly such complaint, irx,mdiat,.ly investigate,
and tike action thereon as provided by this ordlnancv.
OR 81.64
PAGE -46OF 64
MICROFILMED 3.13.80
ARTICLE XIV. PENALTIES FOR VIOLATION -
1. Violation of the provisions of this ordinance
or failure to comply with any of its rcquiromenta shall constitute a
misdemeanor. Any person who violates this ordinance or fails
to comply with any of its requirements shall upon conviction
thereof be find not more than the Hundred Dollars ($100.00)
or imprisoned for not more than 30 days, or both, and in add-
' ition shall pay all costs and expenses involved in the case.
Each day such violation continues shall b, considered a
separate offense.
2. The owner or tenant of any building, structure
premises, or part thereof, and any architect, builder, contractor,
agent, or other person who commits, participates in, assists in,
or maintains such violation, may bu found guilty of a separate
offense and suffer the penalties herein provided.
3. Nothing herein contained shall prevent the
city from taking such other lawful action as is necessary to
provcnt or remedy any violation.
ARTICLE XV. D'.FII.ITIONS
1. For the purpose of this ordinance, certain
words mid terms are hureby defim:d. Words used in the prcoent
tense include the future tense. Words used in singular number
include the plural and words us..d in the plural include the
singular. The word "person" includes a firm, partnership or
corporation. The word "building" includes the word "structure:
2. Me word "shall" is al Io mandatory and not
-rely diroctive. Thu word "used" or "occupied" as applied to
any land or building shall be construed to include the words
"intended ", "arranged "; or "designed to be used or occupied."
3. ACCE350RY bUILDIKG AND USE1.
A subordinate building or a portion of the
main building, the use of which is incidont%l to that of the
domirtato use of the building or land including accessory signs,
81.64
P P GE -Q-ff 64
MICROFILMED 3.13.80
bona fide servant'e quarters, and green houses operated on
a non - commercial basis. An accessory use is one that is
incidental to the main use of the premises, and shall include
swircning pools.
4. ALLOY -
A public or private way which affords only a
secondary mans of access to property abutting thereon.
5. APAMENT HOUSE -
A building designed for or occupied exclusively
by three or more families with separate housekeeping and
cooking facilities for each.
6. BOARDRC HOUSE (LODGING HOUSE) -
A building other than a hotel, where, for
compensation and by prearrangement for a definite period,
meals, or lodging and meals are provided for three (3) or
more persons.
7. BUILDING -
Any structure designed or built for the support
enclosure, shelter, or protection of persons, animals, chattles
or property of any kind.
D. BUILDING, ILIIN -
A building in which is conducted the main or
principal use of the lot on which said building is situated. ,
9. BUILDB.'G, HEIGHT OF -
The vertical distance from the grade to the
highest point of the coping of a flat roof or to the mean
height level between eaves and ridge for gable, hip or
gambrel roofs. Where no grade has been established the
height of the building may be measured from the mean elevation
of the finished lot grade at the front of the building.
10. BULKHAD -
A retainer wall or structure designed to protect
the erosion of land by water action or acts of nature.
OR 81-64
PAGE-48-OF 64
CIO!
M
MICROFILMED 3.13.80
11. BULNlT= LINE (INTERIOR) —
M artificial line established in or along
a river, watercoursu, or other body of water, in order to
fix and establish the maximum distance from existing shore-
line within which filling will be permitted.
12. C.14 I —
!m artificial watercourse, trench or ditch
in the earth for confining water to a defined channel.
13. C.S. -1 LOT —
A parcel or land adjacent to a canal.
14. CLV:IC —
L clinic is an establishment where patients,
are admitted for examination and treatment by one person or
a group of persons practicing any form of healing or hualth
building scrvicos to individuals and such persons must be
madiaal doctors, chiroprators, dentists, or any similar
profession and practice of which is licensed in the State of
Florida.
15. CLUB —
im association of parson, for some common
purpose, but not including groups organized primarily to
render a service which is customarily carried on as a business.
The ten "private club" shall apply to all nationally recognized
and chartered social organizations not operated for profit.
16. CONDITION -L USE —
d use not •adverse to the public interest and
which is annroved by the City Council. when, after review
of an application and plans appurtenant thereto and public
hearing thewon, the Planning and Zoning Board finds as a
fact that the proposed use or uses are consistent with the
General Zoning Plan and the public interest, the Board may
n:coroaand to the City Council an approval thereof.
OR 81.64
PAGE -i.90F 64
) 46
MICROFILMED 3.13.86
17. COURT -
;m open, unoccupied, unobstructed space,
except for trees, shrubs and fountains, staturay, other
than a yard, on the same lot as a building.
18. COURT, BUNG ;,LOW -
.1 bungalow court is a group of three or more
single family dwellings on one or more ndjoining lots,
having soparate outside entrances on the ground floor level
for each single family dwelling, including all open spaces
required by this ordinance.
19. COURT, INlJER -
A court surroundod by a structure and not
extending to a str-t or alley or to a front, side or rear
yard.
20. COURT, OUTER -
;. court extending to a street or alloy or to
I front, side or rear yard.
21. CURB LEVEL -
The curb level or grade is the elevation of the
street curb established by the City.
2z. DORMITORIES -
A plurality of rooms or building containing
sleeping accommodations which facility is oporat.:d for the
use of sleeping room rentals.
23. L40.LING -
any building or portion thcrof which is designed
for or used for residential purposes, but not including Trailer
Coach, or a converted trailer, hotels, motels, lodging houses,
boarding houses, and dormitories.
24. DWELL111r, SINGLE- F:.MILY -
i, detached residence designed for or occupied by
one family only.
OR 81.64
PAGE -so-OF 64
I �.
MICROFILMED 8,13.80
25. DWELLING, TWO- FAMILY -
A residence designed for or occupied by two
families only, with separate housekeeping and cooking facilities
for each.
26. DWELLING, 11DLTIPL1-'-FAMILY-
A residence designed for or occupied by three
or Wore faniles, with separate housekeeping and cooking
facilities for each.
77. EFFICENCY APARTMENT -
A dwelling unit in which the kitchen, living,
sleeping and dining facilities are located within one roan.
28. FAMILY -
One or more persons occupying a dwelling and
living as a single housekeeping unit, as distinguished from
persons occupying a boarding house, lodging house or hotel,
as herein defined.
29. FENCE -
An artificial barrier, wall ordivider constructed
in order to provide privacy, protection or decoration.
30. FINGER
A man -made portion of land nearly surrounded by
water, consisting of a roadway ending in a cul -de -sac and
having lots abutting on the roadway and the water.
31. FLOOR AR,A, MIAIFNH -
the overall floor area of a dwelling or structure
exclusive of porches, carports and garage.
32. CABAL: APAYTMT -
An accessory or subordinate building containing
living facilities for not more than one family, which living
facilities shall not occupy more than onu- fanily,- which - living
facilities shall -not- =py_nor, -Lhm fifty percent of the
total floor area.
33. GARAGE, PRIVATE
An accessory building or a portion of the principal
building used for the storage of automobiles of the occupants of
OR 81-64
PAGE -510F 64
l
. ,w
MICROFILMED 3.13.80
the principal building. A carport is a private garage.
34. GARAGE, PUBLIC -
A building or portion thereof; other than a
private or storage garage, designed or used for the sale,
storage, a.:rvicing, repairing, equipping and hiring of
motor driven vehicles.
35. GA,GiC :, STORAGE -
A building or portion . thereof designed or
used exclusively for the storage or parking of automobiles.
Services, other than storage at such storage garage shall
be limited to refueling, lubrication, washing, waxing and
polishing.
36. GAS STATION (SERVIC3 STATION) -
A structure designed or used for the retail
sale or supply of fuels, lubricants, air, water, and other
operating commodities for rotor vehicles and including the
customary space and facilities for the installation of such
commodities on or in such vehicles, but not including space
or facilitieo for tho storng,:, repairs, refinishing or other
servicing of motor vehicles.
37. GRADZ FINISHED
The conpletu surface of lawns, walks and drive-
ways brought to grade as shown on the plans or designs relating
thereto.
38. GUEST COWAGE -
Living quarters within it detached accennory
®. building located on the same lot or parcel of Land as the
principal building, to be used exclusively for housing munburs .
of the family occupying the principal building and their non-
. paying guests; such quarters shall not be rented or otherwise
used an it separate dwelling.
39. GUEST (TOUP.IST) HONE -
A private dwelling in which transient sleeping
accommodations arc provided far compensation, especially motor
OR 81.64
PAGE -52-nF 64
.Jr
t MICROFILMED 3.13.80
tourists or travelers.
40. HOME OCCHPo.TION -
My use conducted entirely within a dwelling
and carried on by an occupant thereof, which use is clearly
incidental and secondary to the use of the dwelling for
dwelling purposes and does not change the character thereof
and provided, that all of the following conditions are not:
Only such commodities as are made on the premises may be sold
on the prenises. However, all ouch sales of hone occupation
work or prcaucts shall be conducted within a building and
there shall be no outdoor display of norchandise or products,
nor shall there be any indoor display visible from the outside .
of the building. No person shall be engaged in any such hone
occupation other than two nerbors of the Lnodiate fartily
residing on the prenises. No mechanical equiptmnt shall be
used or stored on the premises in connection with the homy
occupation, except such that is norrally used for purely
domestic or household purposes. Not over twenty -five percent
(2511 of the floor area of any one -story shall be used for
hone occupation purposes. No sign shall be used other than
one non- illuninatcd name plate attached to the building entrance,
which plate shall not exceed two (2) square feet in area. Each
location shall be all roved by the Council. Fabrication of
articles such as are: commonly classified under the terns "arts
and handicrafts" may be deeacd a hone occupation, subject to
the other terns and conditions of this definition. Hone
occupations shall not be construed to include barber shops,
beauty parlors, tuaroons, food processing, r�staurants, sale
of antiques, coraaorcial kennels, real estate offices or
insurance offices.
kl. HOTEL -
Any building or group of buildings containing
sleeping room accommodations for twenty -five (25) or more
OR 81.64
rAGE 53 -OF 64
lj
MICROFILMED 3.13.80
guests and providing service generally provided by hotels.
42. JUNK YARD
An open area where old and dilapidated auto-
mobiles, trucks, tractors, and other such vehicles and parts
thereof, wagons, and other kinds of vehicles and parts thereof,
scrap, building materials, scrap contractor's equipncnt,
tanks, casks, cans, barrels, boxes, drums, piping, bottles,
glass, old iron, machinery, rags, papers, excelsior, hair,
mattresses, beds or bedding or any other kind of scrap or
waste material which is storud, kept, handled or displayed
within the City limits.
43. LAUNDRY, SELF SCRVIC6 -
A business that provides hofw typo washing,
drying and /or ironing machines for hire to be used by customers
on the premises.
44. LOADI r,, SPACE -
A space within the main building or on the same
lot, providing for the standing, loading or unloading of trucks
or other motor vuhicl,s.
45. LODGING ROUSE -
A building other than a hotel or boarding house
wher:: lodging for three (3) but not more than twonty -four (24)
persons is provided for definite periods for compensation
pursuant to previous arrangements.
46. LOT -
A lot is a parcel of land of size sufficient
to (x:..t the minimum requirements for uso, coverage, and area,
and to provide such yards and oth,r open spaces as are herein
required. Such lots shall have a frontage on an improved
public street, and fumy consist of (a) a single lot of record,
(b) a portion of a lot of record, (c) a combination of complete
lots of record, and portions of lots or r,.cord, (d) a parcel of
land described by notes and bounds, provided however, that in
no case of division or combination shall any residual lot or
OR 81.64
PAGE -54.OF 64
I
MICROFILMED 3.13.80
parcel be created which does not nect with the requiremnts
of this ordinance.
47. LOT, CORNER -
Any lot situated at the junction of and
abutting on two (2) or more intersections or intercepting
streets or public highways. If the angle of intersection
of the direction lines of two (2) highways is more than one
hundred and thirty -five dugrecs.(135) the lot fronting on
said intersection is not a corner lot.
48. LOT, DOUBLE FRONTAOE.-
A lot having a frontage on two (2) non- inter-
section streets as distinguished frame a corner lot.
1,9. LOT, INTERIOR -
Any lot which is not a corner lot.
50. LOT OF RECORD -
A lot which in part of a subdivision, the map
of which has been recorded in the office of the Clerk of the
Circuit Court of Brovard County, or a parcel of land, the
decd of which was recorded in the office of the Clerk of the
Circuit Court of Brovard County.
51. LOT WIDTH -
The man horizontal c:atanee between the side
lot lines, masurod at right angles to the depth.
52. LOT DEPTR -
The depth of a lot is the distance masurod in
a mean direction of the side linos of the lot fron the middle
point of the front lino to the middle point of the opnosito
roar line of the lot.
53. LOT R<AERSCD CORNER -
A corner lot, the stmut side lot line of which,
is substantially the continuation of the front lot line of the
first lot twits rear.
OR 81.64
PAGE -5,0F 64
IS'-"
—Z
MICROFILMED 3.13 =80
54. HOTEL -
A building or group of buildings whether
detached or in connected units, used as individual sleep-
ing or dwelling units designed primarily for transient
automobile travelers, and providing for accessory off street
parking facilities adjacent to each unit and having individual
unit entrances. Iho tom aH(UL" includes buildings,
designated as auto courts, tourist courts, motor lodges and
similar applications.
55. NON - CONFORMING USE -
The use of a building, or portion thereof, or
land, or portion thereof, which does not confom with the use
regulations of the district in which it is located.
56. NURSING (CONVALESCENT) HOME -
A home for the ag.d, chronically ill or incurable
persons in which three or more persons not of the irmediate
family are recoived, kept, or provided with food and shelter
or care for compensation; but not including hospitals, clinics,
or similar institutions devoted primarily to the diagnosis
and treatment of the sick or injured.
57. PLWNI G AND ZONING BOARD -
The Planning and Zoning Board of the City of
Cape Canaveral, Florida.
58. BOARD OF ADJUST101T -
A Baird of Adjustmnt is huraby established
which shall consist of five (5) ambers.
The organization and procedures under which the
Board oporates, its arraug..rient of netting, adoption of rules
and its method of handling appeals, variances or any other
related natters shall be in confority with the provisions of
Chapter 176, Florida Statutes of 1961, 'md any amendments
thereto.
Where there are practical difficulties or
unnecessary hardships in the way of carrying out the strict
d
OR 81.64
PAGE-56-OF 64
1ZIC-
1JG I
MICROFILMED 3-13.80
letter of this ordinance, appeals to the Board W. be taken
by any person aggrieved or by any department of the governing
body of the City of Cape Canaveral affected by W decision
of the administrative official.
The Board shall have the following duties and powers:
1. To hear and decide appeals where it is alleged
there Is error in any order, raquiroment, decision or datormin-
ation made by the administrative official in the enforcement
of thin ordinance.
2. To authorize upon appeal in specific cases such
variances from the toms of this ordinance as will not be
contrary to the public interest where, owing to special conditions,
a literal enforcement of the provisions of the ordinance will
result in unnrc —sary hardship and so that the spirit of the
erdi:wncc shall be ob served and substantial justice done.
3, In exercising the above nentioned powers, the
Board by the concurring vote of four nenbers nay reverse or
affirm, wholly or partly, or modify the order, requirements,
decision or determination .appealed fron and nay make such
order, roquirenent, decision or determination as ought to be
made, and to that end shall have all the powers of the official
from whom the appeal is taken.
4. In considering all proposed variations to this
ordinance the Board shall, before making, any finding in a
specific case, first detertUnc that the proposed variation
will not constitute any change in the, Districts and will not
impair an adequate supply of light and air to adjacent
property, or nat.rially increase the congestion in public
streets, or increase the public danger of fire and safety,
or materially diiiinish or impair established property values
within the surrounding area, or in any other rospcct impair
the public health, safety, morals, and general welfare of the
City.
5. Any person or persons jointly or severally,
OR 81.64
PAGE -57-OF 64
,S4
r MICROFILMED 3.13 =80 v
aggrieved by any decision of the Board, or any taxpayer, or any
officer, department of the City Council may present to a court
or record a petition, duly verified, setting forth that such
decision in illegal, in whole or in part, specifying the grounds
of the illegality. Such petition shall be presented to the
court within thirty (30) days after the filing of the decision
in the office of the Board, otherwise the decision of the Board
will be final. The Board of Adjustment shall fix a reasonable
tire for the hearing, of appeals or other matters referred to
it and give notice to the parties mid decide the sai- within
a reasonable time. At the hearing any party may appear in
person or be represented by agent or attorney.
6. A fee of twenty -five (25) dollars shall be paid
to the Building Inspector at the tine of notice of appeal is
filed, which fee shall be used to defray the cost of advertising
the hearing.
59. SETBACK -
The nininma horizontal distance between the
street, mar or side linen of the lot and the front, rear or
side lines of the building. Men two (2) or rom lots under
one (1) ownership are used, the exterior property linen so
grouped shall be used in deter:aining setbacks.
60. SIM., -
Any device designed to inforri, or attract the
attention of persona not on the promises on which the sign
is located, provided however that thu following shall not be
included in the application of the regulations hurein:
(a) Signs not exceeding one square foot in
area and bearing only property nu,.ibors, post box numbers,
or nx,es of occupants of pry dsos;
(b) Flags and insignias of any Covarnrent except
when displayed in connection with c=iercial pronotion;
(c) Icgal notices; identification, information,
OR 81-64
PAr,F 5s -OF 64
I�
aG
MICROFILMED 3.13.80 J
or directional signs erected by governmental bodies;
(d) Integral decorative or architectural
features of buildings, except letters, trademarks, moving
parts or moving lights;
(e) Signs directing and guiding traffic and
parking on private property, but hearing no advertising natter.
61. SIGNS, NUM ER AND SURFACE ARIA.
For the purpose of detemining number of
signs, a sign shall be considered to be a single display
surface or display device containing elements organized,
related and eorposed to form a unit. Whom matter is displayed
in a randon manner without organized relationship of elements,
or where them is reasonable doubt about the r- lationship of
ele ents, each element shall be considered to be a single sign.
The surface area of a sign shall be coc:puted as including the
entire area within a parallelogram, triangle, circle or sod-
circle comprising all of the display area of the sign and in-
cluding, all of the elements of the matter displayed, but not
forming part of the display itself, or frames surrounding
display areas.
62. SIGN, ON -SITF -
A sign relating in its subject matter to the
promises on which it is located, or to products, accoiaiodations,
s.wviccs, or activities on the prenises. On -Site signs do riot
include signs erected by the outdoor advertising industry in
the conduct of the outdoor advertising business.
63. SIGN, OfP -SITE -
A sign other than an on -site sign.
64. STORY -
Ythat portion of a building included between
the surface of any floor and the surface of the next floor
above it, or if tlrcre be no floor above it, then the space
between such floor and ceiling next above it.
OR 81.64
PAGE -59 -OF 64
J�
A
MICROFILMED
3:13.80
65. STREET -
A public or private thoroughfare which affords
the principal mane of access to abutting property. This
includes lane, place, way or other means of ingree or egress
regardless of the term used to describe it.
66. STRZ:T RIGHT -OF -WAY LINE -
The dividing line between a lot, tract or parcel
of land and contiguous street.
67. STRUCTURE -
Anything constructed or ercetsd with a fixed
location on the ground, or attached to something having a
fixed location on the ground. Among other things, structures
include buildings, walls, fences, tillboards, and poster panels.
68. STRUCTURAL AMIMLITION -
Any changes except repair or replacement in the
supporting menbers of a structure, such as bearing walls or
partitions, columns, beans, or girders, or any substantial
change in the roof or in the exterior walls.
69. SNII -ND4 POOL -
Any constructed pool used for swirTUng or
bathing over twenty -four (24) inches in depth or with a
surface area exceeding two hundred and fifty (250) square
feet.
70. TMIUM COACH -
Any vehicle used, or so constructed as to
perrdt its being used as a conveyance, upon the public streets
or highways, and duly licenoible as such, and which is con-
structed to permit occupancy as a dwelling or sleeping place
for one or more p.:rsons.
71. Tft.Il 7 KtRK -
A park, licensed and approved by the State
Board of Health and established to carry on the business of
parking, trailer coaches.
OR 81.64
PAGE-60-OF 64
1 0.
MICROFILMED 3.1380 _
72. YARD -
A required open space unoccupied and un-
obstructed by any structure or portion of a structure from
30 inches above the general ground level of the graded lot
upward, provided however, that fences and walls clay be
pemitted in any yard subject to height limitations as
indicated heroin.
73. YARD, FRONT -
A yard extending between side lot lines across
the front of the lot.
In any required front yard, no fence or wall
shall be permitted which ratorfally impedes vision across
such yard above the height of 30 inches, and no hedge or
other vegetation shall be permitted which materially impedes
vision across such yard between the heights of 30 inches and
ten fact.
In the case of through lots, unless the pre-
vailing front yard pattern on adjoining lots indicated
otherwise, front yards shall be provided on all frontage.
Where one of the front yards that would nomoally be required
on a through lot is not in keeping with the prevailing yard
pattern, the administrative official may waive the mquim-
mcnt for the norcml front yard and substitute therefor a
special yard requir —nt which shall not exceed the average
of the yards provided on adjacent lots.
In the esso of corner lots which do not have
reversed frontagL, a front yard of the required depth shall
be provided in accordance with the prevailing yard pattern
and a second front yard of half the depth required generally
for front yards in the district shall be provided on the other
frontage.
in ease of reversed frontage corner lots, a front
yard of the required depth shall be provided on either frontage
and a second front of half the depth required generally for
OR 81.64
PAGE61- OF 64
J�
• MICROFILMED 3 -13 =80 - -• -•
front yards in the district shall be provided on the other
frontage.
In the case of corner lots with more than two
frontages, the administrative official shall determine the
front yard requirements, subject to the following limitations:
(1) At least ono frond yard shall be provided, havcing the
full depth required generally in the district, (2) He other
front yard on such lot shall have less than half the full
depth required generally.
74. DEPTH OF MQU IRED FWNr YARDS SHALL BE FGASURED
At right sales to a straight line joining the foromast
points of the side lot lines. The foremost point of the side lot
line, in the case of rounded property corners at 5- ect inter -
rcctions, shall be assured to be the point at which the side
and front lot lines would hnve cast without such rounding.
Front and r..ar frond yard lines shall be parallel.
75. YARD, SIDE -
A yard extending from the roar line of the
r.quired front yard to the rear lot line.
In the case of through lots, side yards shall
extend from the mar lines of the front yards required. In
the case of corner lots with normal frontage, their: will be
only one side yard, adjacent to the interior lot. In the
case of corner lots with reversed frontage, the yards remaining
after tho full and half -depth front yards have been extablished
shall be considered to be side yards.
76. WIDTH OF 111D IIVO SIDE YARDS SHALL BE tfEASURED
At right angles to a straight line joining the ends of front
and mar lot lines on the, same side of the lot. The inner
side yard line of a required side yard shall be parallel to
the straight line so extablishad.
77. YARD, RL,,R -
A yard entending across the near of the lot
between inner side yard lines. In the case of through lots
OR 81.64
PAr,FG2- OF 64
MICROFILMED ®-
3.13.80
and roversed fronta::c corner lots, there will be no rear
yard. In the case of corner lots t._th nor :al fronteze,
the rear ya'v 317a11 extend f'ro :n the inner side yard line of
Side yard UdJacent to the interior lot to the rear line of
the half -depth front yard.
73. DEPTH OF :icgUIRZD IMAR Y:;RDS SHALL BE 1.:ZASURLD
at right angles to a ztrai.rht line Join-'n, the rearmost points
to the side lot litres, .ire far ^trerd rear yard line of a.
requires rear yard shall be parallel to the straight line
go eztabli_�he;.
79. :ac accu :.;aryir.�.•_ _ ._ indicates the location
of yards on rcctar.�cia• lots
—7—q
�6D ; F2.011i r � S1D°_ REAR
f t
The diasrL.,: '11=trate location and cethcds of measuring
yards on nomucc- -Oulsr loftGE - -t-OF 64 OR 81.64
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