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HomeMy WebLinkAboutP&Z Agenda Packet 5-25-2016PLANNING & ZONING BOARD REGULAR MEETING CAPE CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE May 25, 2016 6:00 P.M. AGENDA CALL TO ORDER ROLL CALL: PUBLIC PARTICIPATION Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the Planning & Zoning Board excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The Planning & Zoning Board will not take any action under the "Reports and Open Discussion' section of the agenda. The Planning & Zoning Board may schedule items not on the agenda as regular items and act upon them in the future. NEW BUSINESS: 1. Approval of Meeting Minutes: February 24, 2016 & April 13, 2016. 2. Ouasi-Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Site Plan Approval for Port of Call Building, per City Code of Ordinances, Section 1.10-223 — David Menzel, P.E., Applicant - (8600 Astronaut Boulevard). 3. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Ordinance No. 00-2016, Amending Chapter 110, Zoning, Article I. In General; Article IV. Special Exceptions; Article V. Nonconformities; Article VII. Districts — City of Cape Canaveral - Applicant. Planning & Zoning Board Meeting Agenda May 25, 2016 Page 2 REPORTS AND OPEN DISCUSSION ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Planning & Zoning Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Community Development Department (868-1222, ext. 15) 48 hours in advance of the meeting. PLANNING & ZONING BOARD MEETING MINUTES February 24, 2016 A Meeting of the Planning & Zoning Board was held on February 24, 2016, at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 6:00 p.m. by Chairperson John Price. The Secretary called the roll. ROLL CALL: I�S771u1 t37fb7 7tTx.9 slr'Y 1 John Price Chairperson Lamar Russell Vice Chairperson Harry Pearson Dr. John Fredrickson Craig Kittleson Brenda Defoe Surprenant MEMBERS ABSENT Ronald Friedman OTHERS PRESENT Jen Nix Assistant City Attorney David Dickey Community Development Director Patsy Huffman Board Secretary PUBLIC PARTICIPATION: None NEW BUSINESS: 1. Approval of Meetine Minutes — January 27.2016. Motion by Mr. Pearson, seconded by Mr. Kittleson to approve the Meeting Minutes of January 27, 2016. Vote on the motion carried unanimously. 2. Ouasi-Judicial and/or Public Hearing: Consideration and Recommendation to City Staff Re: Site Plan Approval for the Aerial Adventure Park, per City Code of Ordinances, Section 110-223 — Eric Robart, Applicant - (260 Cape Shores Circle). Mr. Dickey presented Staffs report/photos. This request is for Site Plan approval. The property is zoned C-1, which allows outdoor recreation as a permitted use. The project is on a 1.41 -acre parcel that has access on A I A and Cape Shores Circle. An existing structure (1,024 sq. ft.) will be converted to house the ticket counter, restrooms, waiting lounge and merchandise area. The facility will employ approximately 15 people. Planning & Zoning Board Meeting Minutes February 24, 2016 The parcel contains a number of large specimen trees to be preserved. Parking will be located on the south and west sides of the property. The primary access point will be from Al A, with a stabilized emergency access drive onto Cape Shores Circle. The site plan indicates 25 puking spaces. Water will be provided by City of Cocoa (water) and City of Cape Canaveral (wastewater). Stormwater will be retained onsite via a Swale system. The applicant has indicated that porous paving material is to reduce the amount of impervious surface. Mr. Pekar, City Engineer, recommended approval of the Site Plan. Staff pointed out the parking areas, an existing building (which will remain) and the roped course area, all located on the southern part of the property. Residents from Cape Shores had the following concerns: zoning of the property; address of property; height of structures; emergency vehicle access; ownership and access to Cape Shore Circle; fencing; noise control; lighting and sewer capacity. They are all in opposition. Staff and Mr. Menzel, Engineer to the project, addressed questions and concerns. The meeting was closed to the public. Motion by Mr. Kittleson, seconded by Mr. Pearson to recommend approval. Vote on the motion carried unanimously. 3. Ouasi-Judicial and/or Public Hearin: Consideration and Recommendation to City Council Re: Final Plat Approval for RaceTrac, per City Code of Ordinances, Section 98-61 — Bowman Consulting, Applicant - (8899 Astronaut Boulevard). Mr. Dickey presented Staffs report/photos. The applicant is requesting Final Plat approval associated with the redevelopment of Cape Canaveral RaceTrac gas station. The overall project includes demolition of existing improvements, construction of a new 5,928 square foot convenience store and six additional fueling positions. The proposed plat requested the vacant parcel to the north be added to the existing parcel to accommodate a larger retention area. Mr. Pekar recommended approval of the Final Plat. The City Attorney's Office has also reviewed the submitted materials for consistency with applicable rules/regulations. Final Plat approval is generally granted once the proposed infrastructure improvements are constructed. However, the applicant is requesting that the City award Final Plat prior to the construction of any improvements on the site. The applicant has submitted a Hold Harmless Agreement to release the City from any liability associated with the grant of Final Plat. The applicant is aware that a Special Exception will be required as part of the redevelopment and this approval may include conditions that could impact Final Plat. Planning & Zoning Board Meeting Minutes February 24, 2016 Discussion ensued to include current access, cross access, traffic and alternative routes. Motion by Mr. Kittleson, seconded by Mr. Pearson to recommend approval. Vote on the motion carried unanimously. 4. OuasiJudicial andlor Public Hearine: Consideration and Recommendation to City Council Re: Site Plan Approval for Cape Caribe, Building 3, per City Code of Ordinances, Section 110-223 — Mike Allen, P.E., Applicant - (1000 Shorewood Drive). Mr. Dickey presented Staffs report/photos. This request is for a modification to the approved Site Plan for Cape Caribe development. A Site Plan for the project was approved in lune 2001, for development of a phased hotel, a resort condominium and related amenities. In March 2010, the City approved a revised Site Plan, which included seven buildings containing 600 hotel and resort condominium units. In 2014, a Binding Development Agreement was amended to reduce the size (number of units) of Buildings 4 and 5 and add Building 8. Only Building 1 and Building 2, which include 206 units, have been constructed. Building 3 included a total of 40 units — 32 units with 8 lockouts. The proposed modification to the approved Site Plan would increase the number of units to 42. Motion by Mr. Russell, seconded by Mr. Kittleson to recommend approval. Vote on the motion carried unanimously. A five (5) minute break was requested. The meeting resumed at 7:34 pm. 5. Ouasi-Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Site Plan Approval for Portside Plaza, per City Code of Ordinances, Section 110-223 — David Menzel, P.E., Applicant - (9695 Astronaut Boulevard). This request is for Site Plan Approval for the Portside Plaza project adjacent to Astronaut Boulevard, which has a PIN of 24-37-15-00-00778.0 (Lagges property). Staff requested this item be continued to a future date. Board requested Staff to place this item on the March 23, 2016, agenda. Motion by Mr. Lamar, seconded by Mr. Pearson to recommend this item be continued until March 23, 2016. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes February 24, 2016 6. ouasi-Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Lot Split for Portside Plaza, per City Code of Ordinances, Section 98-66 David Menzel, P.E., Applicant - (8695 Astronaut Boulevard). Mr. Dickey presented Staffs report/photos. The applicant is requesting approval for two lot splits for properties located on Astronaut Boulevard north of Thum Boulevard. The subject properties include the Portside Plaza (Lagges parcel) and the parcel immediately south (Baugher parcel). Both parcels are zoned C-1. According to the Brevard County Property Appraiser's website, the Lagges parcel is .85 acres in size and the Baugher parcel is .82 acres. Upon completion of the lot split, the Lagges parcel will be .96 acres and the Baugher parcel will be .69 acres. In lune 2014, City issued a building permit for limited demolition work, removal of partition walls and associated work for the creation of a "cocktail lounge waiting area" (the Preacher Bar) for the adjacent, pre-existing Kelsey's Restaurant, which is located on the Lagges parcel. Togetheq these two tenants have 166 seats, requiring 56 parking sites (I space per 3 seats). There are 45 on-site parking spaces. The third tenant (Subway) on the Lagges Property has been allocated nine (9) spaces due to its 27 seats. There is a shortfall of 20 on-site parking spaces. To provide a permanent solution to the parking deficiency, Lagges has contracted to purchase a portion of the adjacent Baugher property (PIN 24-37-15-00-00752.0) to construct additional parking spaces. A Lot Split application has been submitted by Lagges and Baugher to create two (2) new lots of record. The subsequent lots will meet minimum requirements of City Code and are consistent with the City's Comprehensive Plan. The Code established four (4) review criteria that must be met prior to receiving approval. They are: 1. The proposed lot split complies with provisions of Article it and applicable law. 2. The application is consistent with the City's Comprehensive Plan. 3. The application does not create any lots, tracts of land or developments that do not conform to City Code. 4. The application provides for proper ingress/egress through a public or approved private street or perpetual cross access easements. Staff recommended the Planning & Zoning Board make a favorable recommendation on the Lot Split request for final approval by City Council. Motion by Mr. Kittleson, seconded by Mr. Price to recommend approval. Vote on the motion carried unanimously. 7. OuasWudicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Ordinance No. 00-2016, Amending Chapter 110, Zoning, Article 1. In General; Article IV. Special Exceptions; Article V. Nonconfor cities; Article VIL Districts — City of Cape Canaveral - Applicant. Planning & Zoning Board Meeting Minutes February 24, 2016 As reported in Community Redevelopment Area Finding of Necessity completed in August 2012, approximately 56 percent of the City meets the Florida Statute definition of slum and blight. In addition, the Finding of Necessity states that: ...the median age of structures within the commercial/industrial zones of the City is over 40 years old. The largest number of buildings were constructed between 1956 and 1985, making many buildings over 50 years old. Several buildings within the area were also observed to be in various states of disrepair. Therefore, the functional life of many of these buildings are nearing their end, which require than to be razed in order to meet current building codes and standards that may be conflicting with minimum Site Plan standards. Staff has prepared a lengthy document to address certain policy and land development changes presented to the Board. Specifically for Special Exceptions and nonconformities as follows: • Special Exceptions — currently, certain uses are only allowed through the Special Exception process. This process was created, as certain uses are not appropriate without special consideration and/or conditions to ensure compatibility with surrounding properties. The proposed Ordinance essentially eliminates (except for a select few) the Special Exception process and replaces it with a system where uses would be permitted and would be required to meet use -specific development regulations. This has necessitated the proposed expansion of Article IX — Supplementary District Regulations, which contains use -specific standards. There are several uses proposed to remain as Special Exceptions, including medical marijuana treatment centers, pain management clinics and bars. Residents want to be involved in discussions involving these types of uses. • Nonconforming Densities — currently, if a nonconforming structure is destroyed (defined as damage by any means such that the cost to repair or reconstruct exceeds 50 percent of the fair market value); the structure is required to meet current codes — including density requirements of the underlying zoning district. As many of the residential structures in the City exceed density allowanees, this represents a significant impediment for investment into the City's housing. Staff gave examples. To combat this situation, a code change is being proposed that would allow nonconforming residential densities - that were legally established at the time of development - to continue should an owner wish to invest in a property in excess of 50 percent of its value. Discussion ensued to include clarification of Special Exceptions; 50 -foot lot restrictions; building type restrictions; frontage requirements; challenges facing potential homeowners; best way to Planning & Zoning Board Meeting Minutes February 24, 2016 address all the issues; including the consultant in discussions and setting a time in the future to address all the issues facing this item. Assistant Attorney Nix requested more time to review the item and prepare before placing on the Agenda. Discussion ensued to determine when the City Attorney's office would be ready to have this item presented; whether to place on the next Planning and Zoning Board Agenda in March; place this as an only item; recommendation to have a separate "workshop" and taking the correct amount of time to study before making a decision. Motion by Mr. Price, seconded by Mr. Kittleson to take Item #7 off the Agenda and postpone until April 13, 2016. Vote on the motion carried unanimously. REPORTS AND OPEN DISCUSSION: Discussion ensued regarding a previous Special Exception request; whether Item #7 would address the same type of issues; vacation rentals and presenting a report to Board Members at the next Planning and Zoning meeting; status update on the Casa Canaveral Assisted Living Facility; Board decisions should be based on the application, the Code and substantiated documents. ADJOURNMENT: Motion by Mr. Kittleson, seconded by Mr. Price to adjourn the meeting at 8:34 p.m. Vote on the motion carried unanimously. Approved on this _ day of , 2016. John Price, Chairperson Patsy Huffman, Board Secretary PLANNING & ZONING BOARD WORKSHOP MEETING MINUTES April 13, 2016 A Workshop of the Planning & Zoning Board was held on April 13, 2016, at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida The meeting was called to order at 6:03 p.m. by Chairperson John Price. The Secretary called the roll. ROLL CALL: MEMBERS PRESENT John Price Chairperson Lamar Russell Vice Chairperson Harry Pearson Dr. John Fredrickson Craig Kittleson MEMBERS ABSENT Ronald Friedman OTHERS PRESENT Jen Nix Assistant City Attorney David Dickey Community Development Director Patsy Huffman Board Secretary Mark Shelton, AICP Kimley-Horn PUBLIC PARTICIPATION: None NEW BUSINESS: Staff presented to the Board a lengthy document addressing certain policy and land development changes, specifically for Special Exceptions and nonconfomdties. In response to the Board's request, Staff provided a map depicting different zoning areas and explained what the different colors represented. Mr. Shelton explained changes proposed by Staff, Kimley-Horn and City Attorney's office and used a Power Point presentation to address key points. He stated that other jurisdictions and Municode were used for guidance. Discussion ensued to include clarification of definitions for car wash; service station vs automotive repair; veterinary clinic vs veterinary hospital and definition of child care facilities in R-1 zone; Planning & Zoning Board Workshop Meeting Minutes April 13, 2016 permitted uses in R-3 zone; adding child care facilities to R-3 zone; moving certain uses from C- 1 to M-1; uses to keep by Special Exception; current Municode uses in C-2 zone; uses in C-2 "by right' and non -conforming uses in M -I zone. Board members requested clarification for the following: • Automotive station vs service repair station • Child care facility vs family day care • Funeral home vs mortuaries • Service station vs convenience store Board members suggested clarification and changes to different sections of the Ordinance. Discussion continued to include six (6) Special Exceptions in R-2 zone, which are now permitted uses; whether to allow child care in R-3 zone; six (6) Special Exceptions in C-1 zone, which are now permitted uses; clearer definition for stored goods, home electronics and toxic materials. Mr. Price called for a five (5) minute break at 7:33 p.m. The meeting resumed at 7:39 p.m. Discussion continued to include uses in C-1 zone; uses added to C-1 and clarification of a security facility. Another Workshop for a future date was agreed. ADJOURNMENT: The Meeting adjourned at 8:30 p.m. Approved on this _ day of John Price, Chairperson Patsy Huffman, Board Secretary 2016. City of Cape Canaveral Planning and Zoning Board Meeting Date: 05/25/2016 Item No. 12.— Subject: Request for Site Plan Approval for proposed Port of Call project located at 8600 Astronaut Boulevard. Department: Conummity Development CD Appticant/Owner: David Menzel, P.E. Summary: This request is for Site Plan Approval for the proposed Port of Call project located at 8600 Astronaut Boulevard (Attachment 1). The request is related to the renovation of a 63,000 square foot commercial building that is the subject of a Development Agreement (DA). The effective date on the DA was July 29, 2014 and established certain milestones to be met by the developer dealing with the construction of the project. The DA stipulates that within 24 months of the effective date (July 29, 2016) that Community Appearance Board approval, as well as site plan approval was required. The project is phased and will include a hotel, retail stores and office space. The property consists of 5.5 acres and is zoned C-2. As required by Section 110-221 of the City Code, site plan approval is required for major commercial improvements. Section 110-223 establishes the process that must be followed. In general, the application is first reviewed by the various City review departments to determine its consistency with applicable rules and regulations. The application is then considered by the Planning and Zoning Board and a written recommendation is forwarded to the Planning and Zoning Director for a final decision. Section 110-222 of the City Code establishes criteria that must be addressed by the Site Plan Application package. Attached is a Site Plan Checklist that inventories the submittal's consistency with these criteria (Attachment 2). As indicated on the site plan (Attachment 3), parking is located largely behind the building. The primary access point will be from Astronaut Boulevard, with a secondary access point on Central Boulevard. All City development standards will be implemented during the permitting phase. The site plan indicates 424 parking spaces. Water will be provided by the City of Cocoa and the City of Cape Canaveral will be the wastewater provider. Stormwater will be retained onsite via a swale system. Applicable permits will be required prior to any development activity. In a memo dated May 17, 2016, John Pekar the City's consulting engineer, recommends approval of the site plan (Attachment 4). As required by Section 110-606, as well as the DA, the Community Appearance Board, on January 21, 2016, approved a Level 1 review for the proposed revnovations. Upon Site Plan Approval, the next step will be to submit an application for a Site Development Permit, then a Building Permit. Planning and Zoning Board Meeting Date: 05/25/2016 Site Plan Approval — Port of Call Page 2 of 2 Attachments: 1— Port of Call Location Map 2 - Site Plan Checklist 3 — Site Plan — Port of Call (Full Size) 4 — John Pekar, P.E., May 17, 2016 Memo The CD Staff recommends that the Planning and Zoning Board take the following action(s): Recommend approval of the Site Plan for the Port of Call project located at 8600 Astronaut 11 f• 6 ems, • r l �. ATTACHMENT 2 cat 4 - In SITE PLAN CHECKLIST The following checklist has been prepared to assist in the preparation of a required site plan. Please see Sec. 110-222 of the City code for a complete list of site plan criteria. I The drawing must be sealed and drawn to scale by an appropriately licensed design professional, no greater than one inch to 50 feet, on sheets two feet by three feet, showing the following site data: Site Plan Information: General l �Yess�No N/A �G,n L7] Size, height, number of units and location of proposed and 77"" existing structures. Dimensions. �fxj,�"�fM)L•• Total gross area and percentage devoted to structures, parking and landscaping. 1yA-_ Number of units. Traffic flow diagram to include total number and size of T parking spaces and loading zones. VA-- _ Density (units per acre). Location and dimension for the following areas: (If applicable) 1A Park(s) Canal(s) Waterway(s) Boat slip(s) y� T:/Patsy/Site Plan/Site Plan Checklist 4/2015 C y SITE PLAN CHECKLIST (Continued) Page 2 of 4 Yes No �hNr/A % Parking AL.S] f Swimming pool(s) A�vA��/'ii,T4 41LT)21. Driveway(s) jpy)IJZ,J 1 Recreation Trash Sidewalks Dune crossover(s) Other (specify) Type of enclosure for communal trash container(s) Fire alarm and standpipe data Vicinity map % Location of planned landscaping Finished grades for the following: --aIL17i' - Entire parcel AL.S] f Finished floors A�vA��/'ii,T4 41LT)21. Streets jpy)IJZ,J 1 Parking lots T:/Patsy/Site Plan/Site Plan Checklist 4/2015 SITE PLAN CHECKLIST (Continued) Page 3 of 4 Yes No N/A Y,Nbi� Sidewalks 10" of adjoining properly Details Sections, and Specifications: Streetlights fl Water and sewer )) Paving and drainage Curbs 11 Storm drains Sidewalks drawings Engineer's seal on Sauare footaae of building areas \ _ Living v _ _ Parking �—' Other (specify) Y — — &eeguuiirrje�dnoo es: ANf/�A _/ Total under roof Sidewalk and sanitary sewers to be constructed to City of Cape Canaveral standards. T:/Patsy/Site Plan/Site Plan Checklist 4/2015 IMIll SITE PLAN CHECKLIST (Continued) Page 4 of 4 Yes No N/A \Topographic Survey: Water lines to conform to City of Cocoa standards. Fire alarm system to be installed and connect to City of Cape Canaveral Fire Department standards. USC and G.S. datum plane Existing street lights Storm drainage design calculations. Coastal construction setback line, where required. Ten (10) hard copies of the drawings must be submitted with the application as well as in electronic format (.pdf). T:/Patsy/Site Plan/Site Plan Checklist 4/2015 E ATTACHMENT4 JOHN A. PEKAR, P.L, LLC OV11 En91nw1ngjQn1Ua1na 1 1 102 Columbia Drive 8uiu 201 Cape Cnmvw,FL 32920 OI. F6 ..: 321b13-2959 Cea A.— 321 -233 -IND jobvpe4arPe®gmaLLeom a�„� ��� �g AmlFlwe rm9we®waJ.rom J oQcP Afangger CeO PMnP: i11a039899 May 17, 2016 TO: David Dickey; Patsy Huffman FROM: John A. Pekar, PE, City Consulting Engineer SUBJECT: Port of Call Phase 2 — Site Plan Review We have reviewed the May 16, 2016 responses from MAI Design Build concerning Port of Call Phase 2 and recommend City approval of the site plan. Please let me know if you have any questions. Sincerely, .tel P 6-t1 John A. Pekar, P.E. JAP:mnf ORDINANCE NO. -2016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 110 ZONING, CHANGING THE LIST OF PERMITTED USES IN THE R-1, R-2, R-3, C-1, C-2 AND M-1 ZONING DISTRICTS; CREATING DEFINITIONS FOR AUTOMOTIVE MAINTENANCE FACILITIES AND CONVENIENVE STORES WITH OR WITHOUT THE SALE OF GASOLINE AT FUELING STATIONS; AMENDING THE DEFINITION OF AUTOMOTIVE REPAIR FACILITIES; AMENDING SUPPLEMENTARY DISTRICT REGULATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral is granted the authority, order Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act provides for the ability of the City of Cape Canaveral to plan for its future development and growth and provide necessary regulations for same; and WHEREAS, the City Council desires to update and modernize the City Code; and WHEREAS, the Planning and Zoning Board has reviewed these proposed amendments at a duly noticed public hearing held on , 2016, and said Board has recommended approval of the amendments to the City Code; and WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Chapter 110. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and spakeeut type indicates deletions, while asterisks(***) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110, denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No. XX -2016 Page 1 of 22 Chapter 110 Zoning ARTICLE I. - IN GENERAL MY• See. 110-1. -Definitions. service; brake repair and replacement: engine oil changes, fluids replacement: exhaust system repair and replacement; automotive electrical work other than audio sound system installation; shock absorber, spring, and strut replacement: upholstery work: tire balancing, tire installation wheel alignment: windshield and glass installation: tune-ups, diagnostics; spark olug replacement, emission control service; and other repairs of a similar nature with respect to impacts on nearby properties. Automotive repair Lac&ow. means a facility in the business of conducting major repairs to sr• City of Cape Canaveral Ordinance No. XX -2016 Page 2 of 22 Veterinary hospital means an establishment that has the necessary facilities for the examination and treatment of animals which includes boarding services that may accommodate animals for more than 24 hours. ARTICLE VII.—DISTRICTS +++ DIVISION 2.-R-1 LOW DENSITY RESIDENTIAL DISTRICT +#+ Sec. 110-272. - Principal uses and structures. The principal uses and structures in the R-1 low density residential district are as follows: f 11 Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel. Public and semipublic narks, olaygrolmds, playfields, and recreation facilities without lighting. f 31 Public utility equipment uses and rights-of-way essential to serve the neighborhood in which it is located. Sec. 110-274. Reserved. - Spe-1-1 exceptions peFenissible by board of adjustment in the R 1 law a.,nsit, .esid-mial distfi the fallowing speeial eikeep4ians shall be pemit4ed by the board of adjustmenti 1) O Ll:., and somipub :., pax4s, pla)Wouads, pla 6n do and ,.. afe n faeili6es which it-is-leeaied. +++ DIVISION 3.-R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT +## Sec. 110-292. - Principal uses and structures. City of Cape Canaveral Ordinance No. XX -2016 Page 3 of 22 In the R-2 medium density residential district, there shall be no more than 15 dwelling unites per net residential acre. tThe principal uses and structures permitted in the R-2 medium density residential district shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. (5) Public utility equipment: uses and rights-of-way essential to serve the neighborhood in which it is located. (k) Public and nonprofit private schools with conventional curriculums; public libraries. (77) Churches and other places of worship; narish houses. (8) Public safety structures and equipment- such as fire substations, civil defense facilities and the like. (9) Public and semipublic narks. playgrounds. Playfields and recreation facilities. (10) Child care facilities licensed and operated consistent with Florida law, subject to the following conditions: a. The child care facility must be located in a multifamily complex and any such complex shall not be an age -restricted community: b. There shall be an adequate dr000ff and pickup area onsite located outside of the public right-of-wav: c. One narking space per employee plus one parking space for every eight children shall be required, with a minimum of five total spaces: d. Adequate visual screening and noise buffers from adjacent areas shall be Provided e. Each application under this subsection shall be accompanied by a site plan drawn to scale depicting the child care building drop off and Pickup area narking play area and adiacent buildings. f Adequate lighting in the Pickup and drop off area shall be Provided. For Purposes of this subsection the term "child care facility" shall not include a "family day care home" as defined by Florida law. the feFegoing, theFe shall be no more than 15 dwelling units f3eF not Fesidemial Notwithstanding aero See. 110-294. — Reserved. ..idem:..l distfiet the fellewing speeial e3keeptions shall be (T)U^�"'T equipment; uses and Fights of way essential to ..e,.. a the neighborhood in which it s_ �l_,._t,.d City of Cape Canaveral Ordinance No. XX — 2016 Page 4 of 22 ««« DIVISION 4,11-3 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-312. - Principal uses and structures. In the R-3 medium density residential district, there shall be no more than 15 dwelling unites ver net residential acre. Me principal uses and structures vemilnod in the R-3 medium densiri residential district shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. (55) Public utility equipment uses and rights-of-way essential to serve the neighborhood in which it is located. f 66) Public and nonprofit private schools with conventional curriculums: public libraries. f 7) Churches and other Places of worship: Parish houses. City of Cape Canaveral OrdinanceNo. XX — 2016 Page 5 of 22 . . .. . ...... ....... . . ««« DIVISION 4,11-3 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-312. - Principal uses and structures. In the R-3 medium density residential district, there shall be no more than 15 dwelling unites ver net residential acre. Me principal uses and structures vemilnod in the R-3 medium densiri residential district shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. (55) Public utility equipment uses and rights-of-way essential to serve the neighborhood in which it is located. f 66) Public and nonprofit private schools with conventional curriculums: public libraries. f 7) Churches and other Places of worship: Parish houses. City of Cape Canaveral OrdinanceNo. XX — 2016 Page 5 of 22 Public safety structures and equipment, such as fire substations, civil defense facilities and the like. Public and semipublic parks. playgrounds, Playfields and recreation facilities. Assisted living facilities, subject to the requirements of section 110-488. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre. Sec. 110-314. -Reserved. . .. hiehit mmromisI.........d equipment; uses said Fights of way @asset a! te some the neighl4aFhesd , the "k. »a» DIVISION 5.-C-1 LOW DENSITY COMMERCIAL DISTRICT Sec. 110-332. - Principal uses and structures. In the C-1 low density commercial district, the following uses and structures are permitted: (1) Retail stores, sales and display moms. (2) Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations, tailor shops and similar uses. (3) Professional offices, studios, medical or dental clinics, laboratories, general offices, business schools and similar uses. (4) Hotels, motels with a minimum of 150 rental units. In no case shall there be more than 30 rental units per net acre nor shall a rental unit have a floor area less than 300 square feet. Hotel and motel units containing provisions for cooking or light housekeeping shall have a minimum floor area not less than 400 square feet. Motels and hotels may not be converted to other types of dwellings at more than the density required in this chapter for such dwellings. (5) Eating establishments. City of Cape Canaveral Ordinance No. XX - 2016 Page 6 of 22 (6) Public and semipublic parks, playgrounds, clubs and lodges, cultural facilities, hospitals, medical or dental clinics, mortuaries, funeral homes, government offices, schools, churches and similar uses. (7) Banks and financial institutions. (8) Commercial recreation, such as driving ranges, bowling alleys and similar uses. (9) Plant nurseries and greenhouses, provided that all outside display merchandise shall be contained in the required setbacks. (10) Repair service establishments, such as household appliances, radio and TV and similar uses, but net ineluding autBatabile Fopaips. (it) Kindergartens and child care facilities. (12) Shapping eerners aral rnalls.vetcrinary clinics. (13) Retail sale of beer and wine for off -premises consumption. (14) Public schools. (15) [Resewed.}Assisted living facilities, subject to the requirements of section 110488. 16 Places in which goods are produced and sold at retail upon the premises. 17 Vocational and trade schools not involving operations of an industrial nature. ( l8) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (19) Carwashes, including polishing and sale of related materials. (20) Automotive maintenance facilities, but not automotive repair facilities. Sec. 110-334. - Special exceptions permissible by board of adjustment. "a tibia to meet the minimum FequiFements and peffiirmanee standards as set forth in this zoning disfFI0F (b) The beard of adjustment may adjust setb.,.,Ls and .,FO iSiO,,.. Rated iR nw:n u IX Ofthis (o) Special exceptions may be permitted for the following: City of Cape Canaveral Ordinance No. XX— 2016 Page 7 of 22 City of Cape Canaveral Ordinance No. XX — 2016 Page g of 22 .. . ............ ... .. . 'III ;- City of Cape Canaveral Ordinance No. XX — 2016 Page g of 22 07) fD—Pain management clinics, subject to the requirements of section 110-489 of this Code. (7 f 2ZMedical marijuana treatment centers, subject to the requirements of section 110-489 of this Code. (3) Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110- 171. DIVISION 6 S. - C-2 COMMERCIAL/MANUFACTURING DISTRICT Sec. 110-381. - Principal uses and structures. In the C-2 comnamial/manufacturing district, the following uses and structures are permitted: 1. Retail stores, sales and display rooms, and shopping centers. 2. Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations, tailor shops, daycare and similar uses. 3. Dry cleaning establishments using nonflammable solvents and cleaning fluids as determined by the fire chief. 4. Professional offices, studios, medical and dental clinics, laboratories, general offices, business schools, data processing and similar uses. 5. Banks and financial institutions. 6. Places in which goods are produced and sold at retail upon the premises. 7. Eating establishments, bakeries and delicatessens. 8. Noncommercial public parks; commercial indoor playgrounds; clubs and lodges; cultural facilities; hospitals; medical and dental clinics; mortuaries and funeral homes (excluding crematories); government offices; schools; adult and youth centers; churches; reading rooms and similar uses. 9. Vocational and trade schools not involving operations of an industrial nature, such as truck driving schools. 10. Repair service establishments, such as household appliances, radio, television and similar uses (excluding automobile repairs). 11. Automotive service stations that were lawfully approved and permitted by the city pursuant to a special exception prior to the effective date of Ord. No. 11-2015 [November City of Cape Canaveral Ordinance No. XX— 2016 Page 9 of 22 17, 2015] shall be considered a lawful, conforming use subject to all applicable conditions and requirements imposed by the city when said use was previously permitted. In addition, such automotive service stations may be modified to allow no more than ten fueling stations (where one vehicle can be accommodated for refueling) within any one filling station property or location, whether said filling station is located on one lot or comprises more than one lot. An automotive service station may be modified to allow up to 16 fueling stations on a single lot of at least one acre with at least 275 feet of single street frontage. Any request for a modification to such special exception is subject to Chapter 110, Article 11, Division 4, City Code, and all other applicable provisions of the City Code. 12. Light manufacturing, including: a. Instruments for controlling, measuring and indicating physical characteristics. b. Optical instruments and lenses. c. Surgical, medical and dental instruments and supplies. d. Ophthalmic goods. e. Watches, clocks, clockwork -operated devices and pars. f Photographic equipment and supplies. g. Jewelry, silverware, plated ware. Jr. Musical instruments and parts. i. Toys, amusements, sporting and athletic goods. j. Radio, TV, phonograph and electronics instruments and parts. k. Pens, pencils and other office and artist materials. I. Costume jewelry, costume novelties, buttons and notions. in. Other similar uses. 13. Craft distilleries, as defined by F.S. § 565.03, subject to the following: a. Onsite production of distilled spirits shall not exceed 75,000 gallons on an annual basis; and b. Tasting rooms and/or retail shops associated with the distillery shall be permitted but shall not exceed 50 percent of the total square footage of the operation; and c. No alcohol consumption, other than that associated with the tasting room, shall be permitted on-site; and d. No by-product of the distilling operation shall be discharged into the city's wastewater system, unless it is properly pre-treated as approved by the city; and e. All materials and supplies related to the distillery operation shall be stored in an enclosed structure. 14. Veterinary hospitals and clinics. 15. Radio and television studios, broadcasting towers and antennas. 16. Commercial establishments which sell dispense serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110-171. 17. Retail stores using outside display areas subiect to section 110-459. City of Cape Canaveral Ordinance No. XX -2016 Page 10 of 22 18. New and used automobiles, maior recreational eauinment and mobile home sales with accessory services, subiect to the following: a. All outside areas where merchandise is displaved shall be paved. b. All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street. C. All servicing and repair activities, except gasoline mumps, shall be located in an enclosed structure. d. There shall be no storage of junked or wrecked automobiles, other than temporary storage not to exceed 30 days, and these vehicles shall be in an enclosed area and not be visible from outside the property. L. Ingress and egress points shall not be placed so as to endanger pedestrian traffic. 19. Theatres. drive-in theatres. photographic studios. bookstores. and dance studios. unless such uses fall within the scope and restrictions of section 10-86 et sea. 20. Carwashes. including polishing, and sale of related materials. 21. Assisted living facilities, subiect to the requirements of section 110-488. 22. Plant nurseries and greenhouses, provided that all outside display of merchandise are contained within the required setbacks. 23. Permanent and temporary security living facilities, subject to an annual review and the following: a. Maximum size not to exceed 800 square feet. b. Security personnel only: no children allowed. L. Facility to be used exclusively for security purposes. 24. Automotive maintenance facilities, but not automotive repair facilities. Sec. 110-383. - Special exceptions permissible by the board of adjustment. City of Cape Canaveral Ordinance No. XX -2016 Page 11 of 22 44 (1) Pain management clinics, subject to the requirements of section 110-489 of this Code. ai (2) Medical marijuana treatment centers, subject to the requirements of section 110- 489 of this Code. (3) Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subiect to section 110-171 s.r City of Cape Canaveral Ordinance No. XX — 2016 Page 12 of 22 HOW ON...... A N. 44 (1) Pain management clinics, subject to the requirements of section 110-489 of this Code. ai (2) Medical marijuana treatment centers, subject to the requirements of section 110- 489 of this Code. (3) Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subiect to section 110-171 s.r City of Cape Canaveral Ordinance No. XX — 2016 Page 12 of 22 DIVISION 67.—M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 110-352. - Principal uses and structures. In the M-1 light industrial and research and development district, the following uses and structures are permitted, provided any use or group of uses that are developed, either separately or, if developed as a unit with certain site improvements, shared in common, meet requirements of article IX of this chapter: (5) Paint and bedy shops. Automotive maintenance facilities (6) . Automotive repair facilities ♦xr (12) Convenience stores, including the sale of gasoline at fueling stations ,4atemative sewiees-statieas, subject to the following: a. All setbacks shall be no less than 25 feet from any portion of the building, including pump island, but in no case shall a lot have less than 100 feet of street frontage. b. Underground storage is required for all receptacles for combustible materials in excess of 55 gallons. Such storage shall comply with all Environmental Protection Agency standards. C. The accumulation and storage of waste petroleum products is forbidden, unless in compliance with Environmental Protection Agency standards. d. Curb cuts shall be made in accordance with section 110-493. e. No service stations shall be erected or located within 150 feet of the property line of any church, hospital, school or park. f. No main accessory building, and no gasoline pump shall be located within 25 feet of the lot line of a property that is residentially zoned. A finished concrete wall of at least 8 feet in height shall be provided along any property line abutting a residential district or residential use. g. Primary services and sales permissible include fueling stations and electric charging stations, and include only the following accessory uses: 1. Tire servicing and repair, but not recapping. 2. Car wash services. 3. Oil changes and other engine lubrication. 4. Sale of convenience goods for service station customers. City of Cape Canaveral Ordinance No. XX -2016 Page 13 of 22 5. Restroom facilities. 6. Accessory fast food services without a drive-through. 7. Track and trailer rentals. It. Vehicles shall not be parked outside the building for more than four days, such four days to be considered as an accumulated parking time, whether consecutive or accumulated. i. Uses permissible at a service station do not include body work, straightening of body parts, painting, welding (other than minor repairs), storage of automobiles not in operating condition or other work involving noise, glare, fmnes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a body shop. j. Automotive parts, new or used, shall not be stored outside. It. Vehicles are not to be dismantled or scrapped for parts. 1. Engine and transmission overhaul may be performed only inside the service bays. M. A minimum of two enclosed service bays and a customer waiting area must be provided if maintenance and repairs are a part of the business. n. A minimum building size of 2,000 square feet shall be provided. 0. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement. p. Landscaping shall conform to section 110-566. q. A minimum distance of 2,500 feet by shortest airline measurement shall be maintained between the newest point of a lot or lots used for filling stations or automotive stations. r. Lighting on a service station shall be so designed and installed so as to prevent glare or excessive light on adjacent property. No source of illumination shall be allowed if such source of illumination would be visible from a residentially -zoned district to the extent that it interferes with the residential use of that area. s. No gasoline pump shall be located within 25 feet of a street right-of-way line. t. There shall be no more than ten (10) fueling positions (where one vehicle can be accommodated for refueling) within any one filling station property or location, whether said filling station is located on one lot or comprises more than one lot. However, up to sixteen (16) fueling stations may be permitted City of Cape Canaveral Ordinance No. XX — 2016 Page 14 of 22 on a single lot of at least one acre with at least two -hundred and seventy-five feet of single street frontage. (13) Outside stooge, subject to section 110-566, where applicable (14) Freight handling facilities: transportation terminals. Veterinary hospitals and clinics, subject to the provisions designated in division 5 of this article for the C-1 district. 16 Recycling activities for the collection of nonhazardous materials, provided that all storage of such materials shall be in approved structures, containers or trailers 17 Radio and TV studios. (11) Shopping centers, provided the shonving center is on a minimum ten -acre plot and has a minimum of 75.000 square feet of interior space under the roof All shopping centers shall be built in conformance with the criteria for the classification of shopping centers as set forth in the building code adopted in section 82-31 09) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (20) Permanent security living facilities, subject to an annual review and the following: a. Maximum size not to exceed 800 square feet. IL Security personnel only, no children allowed. c. Facility to be used exclusively for security purposes. (?I) Restaurants. (22) Public buildings and facilities. (23) Telecommunications towers, subiect to the provisions of section 110482. (24) Vehicle rental facilities. as provided in section 110-556 of this Code. (25) Vocational and trade schools not involving operations of an industrial nature. (26) Retail stores, sales and display rooms, subject to section 110-459. (27) Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pick up stations, tailor shoos, and similar uses. (28) Hotels, motels with a minimum of 150 rental units. In no case shall there be more than 30 rental units ver net acre nor shall a rental unit have a floor area less than 300 square feet. Hotel and motel units containing provisions for cooking or light housekeeping shall have a minimum floor area not less than 400 square feet. Motels and hotels may not be converted to other types of dwellings at more than the density required in this chapter for such dwellings. See. 110-354. - Special exceptions permissible by board of adjustment. (a) pe�itted uses and whieh aFo, Ablo, to meet the minimum requirements and peFfem,aa,A City of Cape Canaveral Ordinance No. XX — 2016 Page 15 of 22 (a) Special exceptions may be granted for the following: /1\f\.Aside..te_e.... subjeet to seeKea 11!\ CLL whe_e appli....11.. �4A49.lAS!--!E!!RIN!El:........:. ..:.:..:.:.:.:...6:�.6::FA.6.. /11/11\ teweFs, !1 ]\T.. ......««...J.... �:.. subjeet to the __e..:..:ens of....el:en 110 440 (I4)fie...e.e_systems f f pufpo.e., of m o. rmg aggregate and O thef...ereFial.. subjeet to the fellewingi B.GenveyeF systems must be BOR"OuIed and adjse-flt to Pen C-Ana—ffRI L n__. _. __....n__s eFBssing the se(Leel.....et be ee....f....eied in a nenh South diFeefian pefpe"dieulaF to Pen CAnA"O'FAI /�enN,..'..r systems _t be e_mp etel. enelesed where located .. idiin a setbe..L d.cefivey8F systems shall not exe0ed 30 feet in hei&' wheFe 10064ad within a set0� ekanveyeFsystems in thesetb....ks shall ♦ be eded within Toa feet t a... any L.._ ,..:..«..g BF appfe. ed eeH. ....._...4..u./..\ This F.ee......e...eVA Shall be d.n ,n as (-K) (1) Pain management clinics, subject to the requirements of section 110-489 of this Code. City of Cape Canaveral Ordinance No. XX— 2016 Page 16 of 22 46) (2) Medical marijuana treatment centers, subject to the requirements of section 110-489 of this Code. (3) Commercial establishments which sell, dispense, serve or store alcoholic beverages or which pemrit the consumption of alcoholic beverages on their Premises subject to section 110-171. •ss DIVISION 7.8- TOWNHOUSES ARTICLE IX. —SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1.—GENERALLY Sec. 110-456. - Application of performance standards. (a) Any use, building, structure or land developed, constructed or used for any permitted principal use or any use permrissible as a special exception or any accessory use shall comply with all of the applicable performance standards set by federal, state and county regulations. (b) If any use or building or other structure is extended, enlarged or reconstructed, the perfomrance standards involved shall apply with respect to such extended, enlarged or reconstructed portion of such use, building or other structure. Sec. 110-457 - Outside Storage (a) Outdoor storage yards and lots including auto storage yards (but not scrap Processing yards or concrete batch mixing plants) if storage is completely enclosed by a six-foot fence or wall not less than 95 percent opaque. (b) All outside storage yards must also meet Section 110.566 Sec. 110-458 - Shoppine Centers and Retail stores usine outside display (a) The area of outside display shall not exceed in size 10 percent or 2000 sf (whichever is smaller) of the enclosed area of the principal structure. (b) The outside display area shall be considered the same as the floor area for the purpose of calculating otlstreet parking, setbacks and lot coverage. (c) Maintain minimum 5 foot sidewalk clearance for pedestrians (d) No customer nuking or fire lanes shall be used (e) No additional signage (t) Outdoor display shall be permitted for uU to 7 days. (g) All outdoor display must maintain a minimum 5 foot sidewalk clearance Sec. 110459 - Mini-warehouse/Personal property storage facilities. City of Cape Canaveral Ordinance No. XX -2016 Page 17 of 22 (e) Storage buildings shall be subdivided by permanent partitions into spaces containing not more than 300 square feet each. bO Storage of goods shall be limited to personal property with no retail sales, service establishments, offices, apartments (other than manager's office and apartment), commercial distribution or warehousing allowed. u The minimum lot size shall be not less than two acres. (d) (e) Minimum yard requirements: (i) Front 30 feet. (1 (ii) Side and rear—Zero feet if adiacent to a commercial district: 15 feet side Yard and ten feet rear vard if adiacent to residential district. (i) A landscaped area of not less than 20 square feet for each linear foot of vehicular use area (VUA) street frontage: (if) No less than one tree, of four -inch caliper or greater, located within 25 feet of the street right-of-way, for each 25 linear feet, or fraction thereof, of VUA street frontage. See. 110460 - Veterinary Hospital Lal The building shall be completely soundproof in the C-1 and C-2 zoning districts. (bl (c) Animals shall be kept in the enclosed soundproof buildings during the hours of 9:00 mm. to 6:00 a.m. in the C-1 and C-2 zoning districts. (d) A Veterinary Hospital may be a part of any development when the same meets the following criteria: (i) The facility shall be heated and cooled by a unit separate from such unit for the rest of the development. (ii) The facility shall be serviced by a water supply separated from the main water supply by a backflow pmventer or air gap. (iii) The facility shall be soundproofed from the rest of the development. City of Cape Canaveral Ordinance No. XX— 2016 Page 18 of 22 iv The facility shall have its own independent exterior entrance exclusive from any common entrances. Sec.110-461-Carwash (a) Washin¢ facilities must be within a structure with a roof (b) The vacuums, blowers and similar devices may be outside the building but may not be located within 150 feet from a residentially -zoned Proverty unless properly soundproofed and/or regulated by hours of operation. (c) A high-volume facility utilizing a conveyor or chain drag system for moving automobiles through the washing area is not permitted. Sec. 110462 - Shopping Centers and Malls (a) The area of outside display shall not exceed in size one-third of the enclosed area of the Principal structure. (b) The outside display area shall be considered the same as the floor area for the purpose of calculating offstreet parking, setbacks and lot coverage. (c) The outdoor display is not to exceed 7 days (d) All outdoor display must maintain a minimum 5 foot sidewalk clearance Sec. 110-463 — Single-family residential second kitchen facility. A second kitchen facility may be incorporated into a single-family residence, provided the second kitchen meets the following conditions: rMI (b_) (C) plans in regard to the single-family residence. (a) No portion of the single-family dwelling unit shall be utilized for rental pumoses, and the single-family dwelling unit shall be served by one electric meter. Le) The single family dwelling unit shall continue to be utilized by no more than one family as defined under this section. Sec. 110-464-466. Reserved. City of Cape Canaveral Ordinance No. XX— 2016 Page 19 of 22 (a) Any use, building, swuen�e of land developed, eensimeted oF used feF any pe�itted ..- _G _.__„e with all ..f the r a: st.. «a....a.. ....�. 6.a...... J .. .._a eeaflty _.. .. USe ^ (b) if - bail .. ..H.s .... tefde :A ... a .1.._ged OF FOGGMAMeWd, the ........... .... eFle_a..-a.. ed shallapply __l. .. YY J .,...L e Y�• Sec. 110-488. - Assisted living facilities. Assisted living facilities may only be permitted'•• .h• e-' o in the R-3, end C-1 and CC=2 zoning districts subject to the general eenditions fef special exceptions and the following minimum requirements: (a) Front, side and rear setbacks shall be a minimum of 25 feet; setbacks from adjacent residential lot lines shall be a minimum of 50 feet. (b) Minimum lot area shall be five acres. (c) Each assisted living facility unit shall contain minimum living area of 400 square feet for single bed units and 700 square feet for double bed units. (d) Loading docks and dumpster areas shall conform to the following: (1) Loading docks and dumpster areas shall be directed away from any residential development adjacent to the assisted living facility. (2) Dumpsters shall be visually screened from public view from an adjacent public right-of-way or residential development by fully enclosed screening that is a minimum of six feet in height, measured above finished grade. (3) Each enclosure shall include a decorative opaque gate that is a minimum of six feet in height, measured above finished grade. (4) Each dumpster enclosure shall be constructed as one of the following: (A) A masonry wall at a minimum of six feet in height, measured from finished grade. The masonry wall shall be decoratively finished concrete masonry unit, brick, stucco, pre -cast panels, split -face block or other material matching the exterior of the principal building. (B) A combination of fencing and landscape buffer. Fencing shall be fabricated from aluminum, wrought iron, vinyl, brick, or other approved materials. The landscape buffer shall be a minimum of five feet in width, a minimum of three feet in height, 50 percent opaque at planting and capable of attaining a height of six feet and 75 percent opaqueness within 24 months. (5) The dumpster shall be located so as to facilitate pickup by solid waste collection agencies. (6) The dumpster enclosure shall not be placed in drainage flow areas. City of Cape Canaveral Ordinance No. XX -2016 Page 20 of 22 (7) Adequate reinforced paved areas shall be provided for the dumpster and their approaches for loading and unloading. (8) No part of a dumpster or materials stored within the screen area shall extend above the dumpster enclosure. (9) Chain link, painted or unpainted block walls, barbed wire and wood are prohibited as part of a dumpster enclosure. Sec. 110-556. - Vehicle rental facility. (a) Definition of vehicle rental facility. Vehicle rental facilities shall be defined as commercial establishments where motor vehicles are kept and maintained for lease, where such vehicles are dropped off or picked up and where customers complete all transactions necessary for the short term lease of such vehicle. (b) Limitations on vehicle rental facilities. Subsequent te *"--_h " 0003, ��Vehicle rental facilities may only be permitted by speeial meeptio in C 1 --" ^�;ets in the M-1 zoning district subject to the following minimum requirements: (31) Minimum lot area for facilities shall be 12,000 square feet, however 2 or more facilities may be situated on a minimum of 1 acre; (32) Minimum lot width for facilities shall be 100 feet; (43)That a continuous, densely planted, greenbelt of not less than 15 feet in width, penetrated only at points approved during site plan approval, for ingress and egress to the property, shall be provided along all property lines abutting public rights-of-way or properties zoned residential. Said greenbelt shall be in conformance with the requirements of section 110-566 et seq. of the City Code, as may be amended from time to time. Where a wall or fence is to be used m screening, as may be provided within this Code, the greenbelt will he located between the property line and the wall or fence such that greenbelt is adjacent to the bordering property; (34) Outside areas where the motor vehicles are to be displayed or stored shall be paved and striped in accordance with the city's off-street parking regulations; (65) All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street and shall not be placed so as to endanger pedestrian traffic; (76) Servicing or repair of vehicles is prohibited except within a fully enclosed structure; (97) All outdoor paging or speaker systems are expressly prohibited; and City of Cape Canaveral Ordinance No. XX — 2016 Page 21 of 22 (98) The hours of operation for such facility shall be limited to 7:00 a.m. to 9:00 p.m. daily. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like crows may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this _ day of , 2016. ATTEST: Bob Hoog, Mayor For Against John Bond MIA GOFORTH, Mike Brown City Clerk Robert Hoog Brendan McMillin Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. XX -2016 Page 22 of 22 ORDINANCE NO. -2016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 110 ZONING, CHANGING THE LIST OF PERMITTED USES IN THE R-1, R-2, R-3, C-1, C-2 AND M-1 ZONING DISTRICTS; CREATING DEFINITIONS FOR CAR WASHES, VETERINARY CLINICS, VETERINARY HOSPITALS, AUTOMOTIVE MAINTENANCE FACILITIES AND CONVENIENVE STORES WITH OR WITHOUT THE SALE OF GASOLINE AT FUELING STATIONS; AMENDING THE DEFINITION OF AUTOMOTIVE REPAIR FACILITIES; AMENDING SUPPLEMENTARY DISTRICT REGULATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act provides for the ability of the City of Cape Canaveral to plan for its future development and growth and provide necessary regulations for same; and WHEREAS, the City Council desires to update and modernize the City Code; and WHEREAS, the Planning and Zoning Board has reviewed these proposed amendments at a duly noticed public hearing held on June 22, 2016, and said Board has recommended approval of the amendments to the City Code; and WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Chapter 110. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stiikeeuE type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110, denoted by the asterisks City of Cape Canaveral Ordinance No. XX —2016 Page 1 of 22 and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Chapter 110 Zoning ARTICLE I. - IN GENERAL Sec. 110-1. - Definitions. R.. .q City of Cape Canaveral Ordinance No. XX — 2016 Page 2 of 22 oddities, senwes easy be madesed sad sales made as speeified bythis ehapteF Veterinary clinic means an establishment that has the necessary facilities for the examination and treatment of animals but does not accommodate animals for more than 24 hours, thereby not Providing boarding services. Veterinary hospital means an establishment that has the necessary facilities for the examination and treatment of animals which includes boarding services that may accommodate animals for more than 24 hours. ARTICLE VII.—DISTRICTS rtrtrt DIVISION 2: R-1 LOW DENSITY RESIDENTIAL DISTRICT Sec. 110.272. - Principal uses and structures. The principal uses and structures in the R -I low density residential district are as follows: (1) Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel. 131 Public and semipublic Parks playgrounds Playfields and recreation facilities without lighting. Public utility equipment uses and rights-of-way essential to serve the neighborhood in which it is located. See. 110-274. Reserved. - Spedal exeeptions permissible b; bea ftl of adjust DIVISION 3.-R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT City of Cape Canaveral Ordinance No. XX — 2016 Page 3 of 22 rrr Sec. 110-292. - Principal uses and structures. In the R-2 medium density residential district, there shall be no more than 15 dwelling units per net residential acre. CMe principal uses and structures permitted in the R-2 medium density residential district shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. (5) Public utility equipment uses and rights-of-way essential to serve the neighborhood in which it is located. fel Public and nonprofit orivate schools with conventional curriculums: public libraries. L) Churches and other places of worship: parish houses. (I) Public safety structures and equipment such as fire substations civil defense facilities and the like. Public and semipublic Parks playgrounds olayfields and recreation facilities. (10) Child care facilities licensed and operated consistent with Florida law, subject to the following conditions: a. The child care facility must be located in a multifamily complex and any such complex shall not be an age -restricted community: b. There shall be an adequate drogoff and Pickup area onsite located outside of the clic right-of-way: c. One narking space per employee plus one parking space for every eight children shall be required with a minimum of five total spaces: d. Adequate visual screening and noise buffers from adjacent areas shall be provided. e. Each application under this subsection shall be accompanied by a site plan drawn to scale depicting the child care building drop off and pickup area parking play area and adjacent buildings. f Adequate lighting in the pickup and drop off area shall be provided For purposes of this subsection the term -child care facility" shall not include a "familv day care home" as defined by Florida law. NOtWithStifidift the o o+ theFe shall be no man than i 5 dwellingunits peF not residential "Fe. l Sec. 110-294. — Reserved. mble by the board City of Cape Canaveral Ordinance No. XX —2016 Page 4 of 22 DIVISION 4.-R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT s.. Sec. 110-312. - Principal uses and structures. In the R-3 medium density residential district, there shall be no more than 15 dwelling units per net residential acre. tThe principal uses and structures permitted in the R-3 medium density residential district shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Public utility equipment uses and rights-of-way essential to serve the neighborhood in which it is located. Ill Public and nonprofit private schools with conventional curriculmns: public libraries. City of Cape Canaveral Ordinance No. XX — 2016 Page 5 of 22 11 DIVISION 4.-R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT s.. Sec. 110-312. - Principal uses and structures. In the R-3 medium density residential district, there shall be no more than 15 dwelling units per net residential acre. tThe principal uses and structures permitted in the R-3 medium density residential district shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Public utility equipment uses and rights-of-way essential to serve the neighborhood in which it is located. Ill Public and nonprofit private schools with conventional curriculmns: public libraries. City of Cape Canaveral Ordinance No. XX — 2016 Page 5 of 22 (7) Churches and other places of worship: parish houses. (8) Public safety structures and ecuipment, such as ftm substations, civil defense facilities and the like. (9) Public and semipublic parks. playgrounds. Playfields and recreation facilities. Assisted living facilities, subiect to the requirements of section 110-488. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre. kkk Sec. 110-314. -Reserved. Speeial emeeptiens peFunissible by board of adjustment. ------------------- DIVISION 5. -C-1 LOW DENSITY COMMERCIAL DISTRICT Sec. 110-332. - Principal uses and structures. In the C -I low density commercial district the following uses and structures are permitted: (1) Retail stores, sales and display rooms. (2) Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations, tailor shops and similar uses. (3) Professional offices, studios, medical or dental clinics, laboratories, general offices, business schools and similar uses. (4) Hotels, motels with a minimum of 150 rental units. In no case shall there be more than 30 rental units per net acre nor shall a rental unit have a floor area less than 300 square feet. Hotel and motel units containing provisions for cooking or light housekeeping shall have a minimum flour area not less than 400 square feet. Motels and hotels may not be converted to other types of dwellings at more than the density required in this chapter for such dwellings. City of Cape Canaveral Ordinance No. XX - 2016 Page 6 of 22 DIVISION 5. -C-1 LOW DENSITY COMMERCIAL DISTRICT Sec. 110-332. - Principal uses and structures. In the C -I low density commercial district the following uses and structures are permitted: (1) Retail stores, sales and display rooms. (2) Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations, tailor shops and similar uses. (3) Professional offices, studios, medical or dental clinics, laboratories, general offices, business schools and similar uses. (4) Hotels, motels with a minimum of 150 rental units. In no case shall there be more than 30 rental units per net acre nor shall a rental unit have a floor area less than 300 square feet. Hotel and motel units containing provisions for cooking or light housekeeping shall have a minimum flour area not less than 400 square feet. Motels and hotels may not be converted to other types of dwellings at more than the density required in this chapter for such dwellings. City of Cape Canaveral Ordinance No. XX - 2016 Page 6 of 22 (5) Eating establishments. (6) Public and semipublic parks, playgrounds, clubs and lodges, cultural facilities, hospitals, medical or dental clinics, mertemies, funeral homes, government offices, schools, churches and similar uses. (7) Banks and financial institutions. (8) Commercial recreation, such as driving ranges, bowling alleys and similar uses. (9) Plant nurseries and greenhouses, provided that all outside display merchandise shall be contained in the required setbacks. (10) Repair service establishments, such as household appliances, radio and TV and similar us . (I1) Kindergartens and child care facilities. (12) .Veterinary clinics. (13) Retail sale of beer and wine for off -premises consumption. (14) Public schools. (15) [Reserved.}Assisted living facilities, subject to the requirements of section 110-488. Places in which goods are produced and sold at retail upon the premises. Vocational and trade schools not involving onerations of an industrial nature. ( l8) Public utility equipment uses and rights-of-way essential to serve the neighborhood in which it is located. (19) Carwashes including polishing and sale of related materials. (20) Automotive maintenance facilities, but not automotive repair facilities. Sec. 110-334. - Special exceptions permissible by board of adjustment. (a)ead heafing,the t,_..d _aFe We to meet the unininium mquiFemeats r and ......0 .............e standaMs as rat lenh th q (e) Special exceptions may be permitted for the following: (!)I retefiflafy hasp4aig And An es (3)(I]Automotive service stations that were lawfully approved and permitted by the city pursuant to a special exception prior to the effective date of Ord. No. 11-2015 [November 17, 2015] shall be considered a lawful, conforming use subject to all applicable conditions and requirements imposed by the city when said use was previously permitted. In addition, such automotive service stations may be modified to allow no more than ten fueling stations (where one vehicle can be accommodated for refueling) within any one City of Cape Canaveral Ordinance No. XX — 2016 Page 7 of 22 filling station property or location, whether said filling station is located on one lot or comprises more than one lot. An automotive service station may be modified to allow up to 16 fueling stations on a single lot of at least one acre with at least 275 feet of single street frontage. Any request for a modification to such special exception is subject to Chapter 110, Article II, Division 4, City Code, and all other applicable provisions of the City Code. ..-... .. ... .. ... .. .. .. . . .. .. .- .. . .. ..... .. .. .. .... .....: . .. . .. ... . . . .......... City of Cape Canaveral Ordinance No. XX — 2016 Page 8 of 22 (-Pain management clinics, subject to the requirements of section 110-489 of this Code. f� (LMedical marijuana treatment centers, subject to the requirements of section 110-489 of this Code. (4) Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110- 171. DIVISION 6 8. - C-2 COMMERCIAIJMANUFACTURING DISTRICT Sec. 110-381. - Principal uses and structures. in the C-2 commercial/manufactuuing district, the following uses and structures are permitted: 1. Retail stores, sales and display rooms, and shopping centers. 2. Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations, tailor shops, daycare and similar uses. 3. Dry cleaning establishments using nonflammable solvents and cleaning fluids as determined by the fire chief. 4. Professional offices, studios, medical and dental clinics, laboratories, general offices, business schools, data processing and similar uses. 5. Banks and financial institutions. 6. Places in which goods are produced and sold at retail upon the premises. 7. Eating establishments, bakeries and delicatessens. 8. Noncommercial public parks; commercial indoor playgrounds; clubs and lodges; cultural facilities; hospitals; medical and dental clinics; mortuaries and funeral homes (excluding crematories); government offices; schools; adult and youth centers; churches; reading rooms and similar uses. 9. Vocational and trade schools not involving operations of an industrial nature, such as truck driving schools. 10. Repair service establishments, such as household appliances, radio, television and similar use 11. Automotive service stations that were lawfully approved and permitted by the city pursuant to a special exception prior to the effective date of Ord. No. 11-2015 [Novemb& City of Cape Canaveral Ordinance No. XX —2016 Page 9 of 22 17, 2015] shall be considered a lawful, conforming use subject to all applicable conditions and requirements imposed by the city when said use was previously permitted. In addition, such automotive service stations may be modified to allow no more than ten fueling stations (where one vehicle can be accommodated for refueling) within any one filling station property or location, whether said filling station is located on one lot or comprises more than one lot. An automotive service station may be modified to allow up to 16 fueling stations on a single lot of at least one acre with at least 275 feet of single street frontage. Any request for a modification to such special exception is subject to Chapter 110, Article II, Division 4, City Code, and all other applicable provisions of the City Code. 12. Light manufacturing, including: a. Instruments for controlling, measuring and indicating physical characteristics. b. optical instruments and lenses. c. Surgical, medical and dental instruments and supplies. d. Ophthalmic goods. e. Watches, clocks, clockwork -operated devices and parts. f Photographic equipment and supplies. g. Jewelry, silverware, plated ware. h. Musical instruments and parts. i. Toys, amusements, sporting and athletic goods. j. Radio, TV, phonograph and electronics instruments and parts. It. Pens, pencils and other office and artist materials. 1. Costume jewelry, costume novelties, buttons and notions. m. Other similar uses. 13. Craft distilleries, as defined by F.S. § 565.03, subject to the following: a. Onsite production of distilled spirits shall not exceed 75,000 gallons on an annual basis; and b. Tasting rooms and/or retail shops associated with the distillery shall be permitted but shall not exceed 50 percent of the total square footage of the operation; and c. No alcohol consumption, other than that associated with the tasting room, shall be permitted on-site; and d. No by-product of the distilling operation shall be discharged into the city's wastewater system, unless it is properly pre-treated as approved by the city; and e. All materials and supplies related to the distillery operation shall be stored in an enclosed structure. 14. Veterinary hospitals and clinics. 15. Radio and television studios, broadcasting towers and antennas. 16. Commercial establishments which sell dispense serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110-171. 17. Retail stores using outside display areas subject to section 110-459. City of Cape Canaveral Ordinance No. XX — 2016 Page 10 of 22 18. New and used automobiles, manor recreational equipment and mobile home sales with accessory services, subject to the following: a. All outside areas where merchandise is displayed shall be paved. b. All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street. C. All servicing and repair activities except gasoline pumps shall be located in an enclosed structure. d. There shall be no storage of Junked or wrecked automobiles, other than temporary storage not to exceed 30 days, and these vehicles shall be in an enclosed area and not be visible from outside the property. e. Ingress and egress points shall not be placed so as to endanger Pedestrian traffic. 19. Theatres drive-in theatres photographic studios bookstores and dance studios, unless such uses fall within the stove and restrictions of section 10-86 et seq. 20. Carwashes, including polishing, and sale of related materials. 21. Assisted living facilities, subiect to the requirements of section 110-488. 22. Plant nurseries and greenhouses Provided that all outside display of merchandise are contained within the required setbacks. 23. Permanent and temporary onsite security living facilities, subiect to an annual review and the following a. Maximum size not to exceed 800 square feet. b. Security Personnel only: no children allowed. c. Facility to be used exclusively for security Purposes. 24. Automotive maintenance facilities. but not automotive repair facilities. Sec. 110-383. - Special exceptions permissible by the board of adjustment. City of Cape Canaveral Ordinance No. XX —2016 Page 11 of 22 44- (I) Pain management clinics, subject to the requirements of section 110-489 of this Code. 43. (2) Medical marijuana treatment centers, subject to the requirements of section 110- 489 of this Code. (3) Commercial establishments which sell dispense serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their Premises subject to section 110-171. City of Cape Canaveral Ordinance No. XX — 2016 Page 12 of 22 ......---------------- ... . 44- (I) Pain management clinics, subject to the requirements of section 110-489 of this Code. 43. (2) Medical marijuana treatment centers, subject to the requirements of section 110- 489 of this Code. (3) Commercial establishments which sell dispense serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their Premises subject to section 110-171. City of Cape Canaveral Ordinance No. XX — 2016 Page 12 of 22 DIVISION 6 7.—M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 110-352. - Principal uses and structures. In the M-1 light industrial and research and development district, the following uses and structures are permitted, provided any use or group of uses that are developed, either separately or, if developed as a unit with certain site improvements, shared in common, meet requirements of article IX of this chapter. ras (5) Paint and bady shops. Automotive maintenance facilities (6) Mataf vehiele Fopoif shaps. Automotive repair facilities ssa (12) Convenience stores, including the sale of gasoline at fueling stations Awemetive sap".A.q 4batieffig, subject to the following: a. All setbacks shall be no less than 25 feet from any portion of the building, including pump island, but in no case shall a lot have less than 100 feet of street frontage. b. Underground storage is required for all receptacles for combustible materials in excess of 55 gallons. Such storage shall comply with all Environmental Protection Agency standards. C. The accumulation and storage of waste petroleum products is forbidden, unless in compliance with Environmental Protection Agency standards. d. Curb cuts shall be made in accordance with section 110-493. e. No service stations shall be erected or located within 150 feet of the property line of any church, hospital, school or park. f. No main accessory building, and no gasoline pump shall be located within 25 feet of the lot line of a property that is residentially zoned. A finished concrete wall of at least 8 feet in height shall be provided along any property line abutting a residential district or residential use. g. Primary services and sales permissible include fueling stations and electric charging stations, and include only the following accessory uses: 1. Tire servicing and repair, but not recapping. 2. Car wash services. 3. Oil changes and other engine lubrication. 4. Sale of convenience goods for service station customers. City of Cape Canaveral Ordinance No. XX — 2016 Page 13 of 22 5. Restroom facilities. 6. Accessory fast food services without a drive-through. 7. Track and trailer rentals. h. Vehicles shall not be parked outside the building for more than four days, such four days to be considered as an accumulated parking time, whether consecutive or accumulated. i. Uses permissible at a service station do not include body work, straightening of body parts, painting, welding (other than minor repairs), storage of automobiles not in operating condition or other work involving noise, glue, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a body shop. j. Automotive parts, new or used, shall not be stored outside. k. Vehicles are not to be dismantled or scrapped for parts. 1. Engine and transmission overhaul may be performed only inside the service bays. in. A minimum of two enclosed service bays and a customer waiting area must be provided if maintenance and repairs are a part of the business. n. A minimum building size of 2,000 square feet shall be provided. o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement. P. Landscaping shall conform to section 110-566. q. A minimum distance of 2,500 feet by shortest airline measurement shall be maintained between the nearest point of a lot or lots used for filling stations or automotive stations. c Lighting on a service station shall be so designed and installed so as to prevent glare or excessive light on adjacent property. No source of illumination shall be allowed if such source of illumination would be visible from a residentially -zoned district to the extent that it interferes with the residential use of that area. S. No gasoline pump shall be located within 25 feet of a street right-of-way line. t. There shall be no more than ten (10) fueling positions (where one vehicle can be accommodated for refueling) within any one filling station property or location, whether said filling station is located on one lot or comprises more than one lot. However, up to sixteen (16) fueling stations may be permitted City of Cape Canaveral Ordinance No. XX — 2016 Page 14 of 22 on a single lot of at least one acre with at least two -hundred and seventy-five feet of single street frontage. (13) Outside storage, subject to section 110-566. where applicable. (14) Freight handling facilities: transportation terminals. 1151 Veterimiry hospitals and clinics subject to the provisions designated in division 5 of this article for the CA district. Recycling activities for the collection of nonhazardous materials. provided that all storage of such materials shall be in approved structures. containers or trailers. L1 Radio and TV studios. Shopping centersprovided the shopping center is on a minimum ten -acre plot and has a minimum of 75.000 square feet of interior space under the roof All shooting centers shall be built in conformance with the criteria for the classification of shopping centers as set forth in the building code adopted in section 82-31. (19) Public utility eauioment� uses and rights-of-way essential to serve the neighborhood in which it is located. (20) Permanent onsite security living facilities subject to an annual review and the following: A. Maximum size not to exceed 800 square feet. b. Security personnel only: no children allowed. c. Facility to be used exclusively for security purposes. (21) Restaurants. (22) Public buildings and facilities. L L2 Q (2' L2 hotels may not be converted to other types of dwellings at more than the density required in this chapter for such dwellings. r++ Sec. 110-354.. Special exceptions permissible by board of adjustment. (a) City of Cape Canaveral Ordinance No. XX -2016 Page 15 of 22 City of Cape Canaveral Ordinance No. XX -2016 Page 15 of 22 (r) Special exceptions may be granted for the following i City of Cape Canaveral Ordinance No. XX — 2016 Page 16 of 22 (4)Se�riee stati8ns, 9*eet G1 a:...,.. te the previsions designated in division 5 of this aPtiele fer the (6)Reeyeliagastiviti, r`"' (7)Radia and TV studios. ' ..f 750000........_.. feet ef'_... .nde_ the F8 R4, A. All shopping ea eH e. f .nL in the building lita"ipniant; .. L:..L :. :.. L......ed cede adopted uses d in see Fights fieri 92 of way essential to sewe the Reigh-BAROd iff i City of Cape Canaveral Ordinance No. XX — 2016 Page 16 of 22 City of Cape Canaveral Ordinance No. XX — 2016 Page 16 of 22 (b5) f 11 Pain management clinics, subject to the requirements of section 110489 of this Code. " (2) Medical marijuana treatment centers, subject to the requirements of section 110489 of this Code. Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110-171. DMSION -7. 8- TOWNHOUSES kkk ARTICLE IX, -SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. — GENERALLY Sec. 110456. - Application of performance standards. (a) Any use, building, structure or land developed, constructed or (__)b If any use or building or other structure is extended, enlarged or reconstructed, the performance standards involved shall apply with respect to such extended, enlarged or reconstructed portion of such use, building or other structure. Sec. 110457 - Outside Storage (a) Outdoor storage Yards and lots including auto storage vards (but not scrap processing Yards or concrete batch mixing plants) if storage is completely enclosed by a six-foot fence or wall not less than 95 percent opaque. (b) All outside storage Yards must also meet Section 110-566 b() The outside display area shall be considered the same as the floor area for the purpose of calculating offstreet narking, setbacks and lot coverage. (c) Maintain minimum 5 foot sidewalk clearance for pedestrians (d) No customer parking or fire lanes shall be used (e) No additional signage (f) Outdoor display shall be permitted for up to 7 days (g) All outdoor display must maintain a minimum 5 foot sidewalk clearance City of Cape Canaveral Ordinance No. XX — 2016 Page 17 of 22 See. 110-459 - Mini-warehouse/Personal Property storage facilities. (a) Stomge buildings shall be subdivided by permanent partitions into spaces containing not more than 300 square feet each. (b) Storage of goods shall be limited to vetsonal property with no retail sales, service establishments, offices, apartments (other than manager's office and apartment), commemial distribution or warehousing allowed. The minimum lot size shall be not less than two acres. Lal (e) Minimum yard requirements (i) Front -30 feet. (ii) Side and rear—Zero feet if adiacent to a commercial district: 15 feet side yard and ten feet rear Yard if adjacent to residential district. (f) Perimeter landscaping adjacent to streets: All vehicular use areas (VUAs) which are not 6) A landscaped area of not less than 20 square feet for each linear foot of vehicular use area (VUA) street frontage: (ii) No less than one tree of four -inch caliper or greater located within 25 feet of the street right-of-way for each 25 linear feet or fraction thereof. of VUA street frontage Sec. 110460 - Veterinary Hospital (a) The building shall be completely soundproof in the C-1 and C-2 zoning districts Jib The building shall be located on an individual and seoamte lot, provided all yards, area. frontage and other requirements of the Code are met for each stmctu a within the zoning district of which it is a part. Lc) Animals shall be kept in the enclosed soundproof buildings during the hours of 9:00 p.m to 6:00 a m in the C-1 and C-2 zoning districts. (d) A Veterinary Hospital may be a part of any development when the same meets the following criteria: (i) The facility shall be heated and cooled by a unit sepamte from such unit for the rest of the development. (j) The facility shall be serviced by a water supply separated from the main water supply by a backflow Pmventer or air gap. City of Cape Canaveral Ordinance No. XX — 2016 Page 18 of 22 (iii) The facility shall be soundproofed from the rest of the development. (iv) The facility shall have its own independent exterior entrance exclusive from any common entrances. Sec. 110461 - Carwash (a) Washing facilities must be within a structure with a roof. (b) The vacuums. blowers and similar devices may be outside the building but may not be located within 150 feet from a residentially -zoned property unless properly soundproofed and/or regulated by hours of operation. (c) A high-volume facility utilizing a wnveyor or chain drag system for moving automobiles through the washing area is not permitted. Sec. 110462 - Shopping Centers and Malls (a) The area of outside disolav shall not exceed in size one-third of the enclosed area of the principal structure. (b) The outside display area shall be considered the same as the floor area for the Purpose of calculating offstreet parking, setbacks and lot coverage. (c) The outdoor display is not to exceed 7 days. (d) All outdoor display must maintain a minimum 5 foot sidewalk clearance. Sec. 110-463—Single-family residential second kitchen facility. A second kitchen facility may be incorporated into a single-family residence. Provided the second kitchen meets the following conditions: (a) LCI (dd) (e) City of Cape Canaveral Ordinance No. XX — 2016 Page 19 of 22 See. 110-464-466. Reserved. (a) Any use, building, sWdeWM OF laud ElOVOlOped, 86RStMeIREI OF 090d f6F m5' 130MIRed with all of the peffenname stmdffds set by fedefal, state and eounty Fegulatie�. peFfemseee staadafds iM,olved shall apply with �speet te sash extended, an4afged a Sec. 110-488. - Assisted living facilities. Assisted living facilities may only be permitted in the R-3, ead C-1 and C=2 zoning districts subject to the geneml senditiens feF 9peeial eekeeptions and the following minimum requirements: (a) Front, side and rear setbacks shall be a minhnum of 25 feet; setbacks from adjacent residential lot lines shall be a minimum of 50 feet. (b) Minimum lot area shall be five acres. (c) Each assisted living facility unit shall contain minimum living area of 400 square feet for single bed units and 700 square feet for double bed units. (d) Loading docks and dumpster areas shall conform to the following: (1) Loading docks and dumpster areas shall be directed away from any residential development adjacent to the assisted living facility. (2) Dumpsters shall be visually screened from public view from an adjacent public right -o& -way or residential development by fully enclosed screening that is a minimum of six feet in height, measured above finished grade. (3) Each enclosure shall include a decorative opaque gate that is a minimum of six feet in height, measured above finished grade. (4) Each dumpster enclosure shall be constructed as one of the following: (A) A masonry wall at a minimum of six feet in height, measured from finished grade. The masonry wall shall be decoratively finished concrete masonry unit, brick, stucco, pre -cast panels, split -face block or other material matching the exterior of the principal building. (B) A combination of fencing and landscape buffer. Fencing shall be fabricated from aluminum, wrought iron, vinyl, brick, or other approved materials. The landscape buffer shall be a minimum of five feet in width, a minimum of three feet in height, 50 percent opaque at planting and capable of attaining a height of six feet and 75 percent opaqueness within 24 months. (5) The dumpster shall be located so as to facilitate pickup by solid waste collection agencies. City of Cape Canaveral Ordinance No. XX — 2016 Page 20 of 22 (6) The dumpster enclosure shall not be placed in drainage flow areas. (7) Adequate reinforced paved areas shall be provided for the dumpster and their approaches for loading and unloading. (8) No part of a dumpster or materials stored within the screen area shall extend above the dumpster enclosure. (9) Chain link, painted or unpainted block walls, barbed wire and wood are prohibited as part of a dumpster enclosure. Sec. 110-556. - Vehicle rental facility. (a) Definition of vehicle rental facility. Vehicle rental facilities shall be defined as commercial establishments where motor vehicles are kept and maintained for lease, where such vehicles are dropped off or picked up and where customers complete all transactions necessary for the short term lease of such vehicle. (b) Limitations on vehicle rental facilities. Subsequent -_r, " i , -Vehicle rental facilities may only be permitted by speeial meeption in C 1 --a6 distneesin the M-1 zoning district subject to the genaral eanditions the following minimum requirements m0asurOraears 8f distaftees shall be along a straight line &8M the eiesest rfepeny beandffy Of the Misting 060 V3 the 010608t PEOp", beHadaFy 9f fhe prepoSed use; (21) Minimum lot area for facilities shall be 12,000 square feet. however 2 or more facilities maybe situated on a minimum of l acre; (32) Minimum lot width for facilities shall be 100 feet; (43)That a continuous, densely planted, greenbelt of not less than 15 feet in width, penetrated only at points approved during site plan approval, for ingress and egress to the property, shall be provided along all property lines abutting public rights -o& -way or properties zoned residential. Said greenbelt shall be in conformance with the requirements of section 110-566 et seq. of the City Code, as may be amended from time to time. Where a wall or fence is to be used as screening, as may be provided within this Code, the greenbelt will be located between the property line and the wall or fence such that greenbelt is adjacent to the bordering property; (34) Outside areas where the motor vehicles me to be displayed or stored shall be paved and striped in accordance with the city's off-street parking regulations; (65) All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street and shall not be placed so as to endanger pedestrian traffic; (76) Servicing or repair of vehicles is prohibited except within a fully enclosed structure; (gin All outdoor paging or speaker systems are expressly prohibited; and City of Cape Canaveral Ordinance No. XX — 2016 Page 21 of 22 (98) The hours of operation for such facility shall be limited to 7:00 a.m. to 9:00 p.m. daily. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this _ day of , 2016. ATTEST: Bob Hoog, Mayor For Against John Bond MIA GOFORTH, Mike Brown City Clerk Robert Hoog Brendan McMillin Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. XX — 2016 Page 22 of 22