HomeMy WebLinkAboutOrdinance No. 02-2016 ORDINANCE NO. 02-2016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREYARD 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
CONVENIENCE 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 8, 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 stFikeout 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
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Ordinance No.02—2016
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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.
***
Automotive maintenance facility means a facility in the business of conducting minor repairs and
servicing to motor vehicles which produces relatively low levels of noise, vibration and fumes.,
but which shall not include the sale of gasoline. More specifically, the following types of repairs
and services to motor vehicles may be offered: air conditioning repairs, starting and charging
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 plug
replacement, emission control service; and other repairs of a similar nature with respect to
impacts on nearby properties.
Automotive repair facilitye means a facility in the business of conducting major repairs to
motor vehicles that produce relatively high levels of noise, vibration and fumes, but which shall
not include the sale of gasoline. More specifically, the following types of repairs to motor
vehicles may be offered: audio sound system installation; auto body customizing; sun roof
installation; auto body sheet metal, fiberglass or plastic repair, replacement, prepping or painting;
auto body or frame media blasting; chassis and frame cleaning, fabrication, straightening or
welding; transmission repair and replacement; any other types of similar automotive work not
included in the definition of"automotive maintenance facility". '- _ • : - : • - •, •-. - - -
***
Car wash means a business engaged in washing, waxing, polishing, and general cleaning of
automobiles, small trucks, light utility vehicles and small recreational vehicles, but that is not
designed to handle larger commercial trucks and buses. It includes self-service, full-service, and
automated car washes and auto detailing services.
***
Convenience store (with or without the sale of gasoline at fueling stations) means a
small store that stocks a range of everyday items such as groceries, snack foods, candy, toiletries.,
soft drinks, tobacco products, and newspapers. This type of facility may or may not include the
sale of gasoline at fueling stations. A convenience store with the sale of gasoline at fueling
stations may also be referred to as a "service station" or "automotive service station."
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and premises where petroleum products are supplied at retail, as a primary use, and where, in
***
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
***
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:
(1) Single-family dwellings. In no case shall there be more than one principal structure per
lot or parcel.
(2) Public and semipublic parks, playgrounds, playfields, and recreation facilities without
lighting.
Sec. 110-274. - Special exceptions permissible by board of adjustment.
Reserved.
In the R 1 low density residential district, the following special exceptions shall be
(1-} . . - .. _ . . . , . . . - . , . . . . ' •- .
(2) ' . . ' . ' ' . . .•. - - - ; . - . - -- . - - - - • .- --•
which it is located.
***
DIVISION 3.-R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
***
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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. 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 and nonprofit private schools with conventional curriculums; public libraries.
(6) Churches and other places of worship; parish houses.
(7) Public safety structures and equipment, such as fire substations, civil defense facilities
and the like.
(8) Public and semipublic parks, playgrounds, playfields and recreation facilities.
(9) 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 dropoff and pickup area onsite located outside of the
public right-of-way;
c. One parking 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 "family day
care home" as defined by Florida law.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential
acre.
Sec. 110-294.—Special exceptions permissible by board of adjustment.
Reserved.
In the R 2 medium density residential district, the following special exceptions shall be
permissible by the board of adjustment:
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(1) Public utility equipment; uses and rights of way essential to serve the neighborhood in
which it is located.
(3)Churches and other places of worship; parish houses.
and the like.
.
following nditions:
a.The child care facility must be located in a multifamily complex and any such
complex shall not be an age restricted community;
public right of way;
c.One parking 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.
accompanied by a site plan drawn to scale depicting the child care building, dropoff
and pickup area, parking, play area and adjacent buildings.
For purposes of this subsection, the term "child care facility" shall not include a "family day
care home," as defined by Florida law.
***
DIVISION 4.-R-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 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.
(5) Public and nonprofit private schools with conventional curriculums; public libraries.
(6) Churches and other places of worship;parish houses.
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(7) Public safety structures and equipment, such as fire substations, civil defense facilities
and the like.
(8) Public and semipublic parks, playgrounds, playfields and recreation facilities.
(9) 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.—Special exceptions permissible by board of adjustment.
Reserved.
In the R 3 medium density residential district, special exceptions permissible by the board
of adjustment shall be as follows:
(1) Public utility equipment; uses and rights of way essential to serve the neighborhood in
which it is located.
(3)Churches and other places of worship; parish houses.
the dike.
(5)Public and semipublic parks, playgrounds, playfields and recreation facilities.
(6)Assisted living facilities, subject to the requirements of section 110 '188.
***
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 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 floor area not less than 400 square feet. Motels and hotels may not be
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Ordinance No. 02—2016
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converted to other types of dwellings at more than the density required in this chapter for
such dwellings.
(5) Restaurants. Eating establishments.
(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.
(9) Banks and financial institutions.
(10) Commercial recreation, such as driving ranges, bowling alleys and similar uses.
(10) Plant nurseries and greenhouses, provided that all outside display merchandise shall be
contained in the required setbacks.
(11) Repair service establishments, such as household appliances, radio and TV and similar
uses, . . - . . . . . ..• _ _..' .
(12) Kindergartens and child care facilities.
(13) Shopping centers and malls.Veterinary clinics.
(14) Retail sale of beer and wine for off-premises consumption.
(15) Public schools.
(16) {Reserved.] Assisted living facilities, subject to the requirements of section 110-488.
(17) Places in which goods are produced and sold at retail upon the premises.
(18) Vocational and trade schools not involving operations of an industrial nature.
(19) Car washes, 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) In the C 1 low density commercial district, after public notice and hearing, the board of
(b) The board of adjustment may adjust setbacks and provisions noted in article IX of this
(e) Special exceptions may be permitted for the following:
(1)Veterinary hospitals and clinics.
(- (1)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
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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.
(6)Commercial establishments which sell, dispense, serve or store alcoholic beverages or
110 332.
determined by the fire chief.
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.
• - - - - - • -
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.
storage not to exceed 30 days, and these vehicles shall be in an enclosed area and
(10)Single family dwellings, two family dwellings, townhouses or multiple family
dwellings; provided, however, there shall Rot be more than 15 dwelling units per net
residential acre and such dwellings shall not be permitted on property along the A 1 A
Highway Corridor as depicted in exhibit "A," attached hereto and fully incorporated
herein by this reference. See requirements in the R 2 district in division 3 of this article.
(11)Reserved.
(12) Public utility equipment; uses and rights of way essential to serve the neighborhood
which it is located
(13)Theatres, drive in theatres, photographic studios, bookstores and dance studios,
unless such uses fall within the scope and restrictions of section 10 86 et seq.
(1 l)Carwashes, including polishing, and sale of related materials.
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(15)Vehicle rental facility, as provided in section 110 556 of this Code.
. . - - . . .
(17)
(4) Pain management clinics, subject to the requirements of section 110-489 of this Code.
(4 3) Medical 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 COMMERCIAL/MANUFACTURING DISTRICT
Sec. 110-381. - Principal uses and structures.
In the C-2 commercial/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. Restaurants; Eating establishments that manufacture and process food to be consumed off
site, such as 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 - . . . . . ..• - ... .
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
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.
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Ordinance No. 02—2016
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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.
k. Pens,pencils and other office and artist materials.
L 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.
18. New and used automobiles, major recreational equipment and mobile home sales with
accessory services, subject to the following:
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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 structure 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 scope and restrictions of section 10-86 et seq.
20. Car washes, including polishing, and sale of related materials.
21. Assisted living facilities, subject 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, 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.
24. Automotive maintenance facilities, but not automotive repair facilities.
Sec. 110-383. - Special exceptions permissible by the board of adjustment.
(a) In the C 2 commercial/manufacturing district, after public notice and hearing, the board of
adjustment may permit special exceptions which are compatible to permitted uses and which
zoning district.
(e) Special exceptions may be permitted for the following:
1.Plant nurseries and greenhouses, provided that all outsidc display of merchandise arc
3.Radio and television studios.
5.Veterinary hospitals and clinics, subject to the provisions designated in division 5 of
this article for the C 1 district.
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- - -- - -
not closer than 30 feet apart on the same street.
c. All servicing and repair activities, except gasoline pumps, shall be located in an
enclosed structure.
storage, not to exceed 30 days. These vehicles shall be within an enclosed area and
not be visible from outside the property.
c. Ingress and egress points shall not be placed so as to endanger pedestrian traffic.
7.Reserved.
$- • . . • . • • _. .• - - - : _ - . . - . - -- '. - -- -.. -
which it is located.
0 - -
• ••• - - -
• • • .nd sale of related materials.
11.Mini storage and storage warehouses.
12.Commercial establishments which sell, dispense, serve or store alcoholic beverages or
110 171.
13.Vehicle rental facility, as provided in § 110 556 of this Code.
44 (1) Pain management clinics, subject to the requirements of section 110-489 of this
Code.
1-5 (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.
***
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:
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***
(5) Automotive maintenance facilities.
(6) . Automotive repair facilities.
***
(12) Convenience stores, including the sale of gasoline at fueling stations Automotive
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.
5. Restroom facilities.
6. Accessory fast food services without a drive-through.
7. Truck 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, glare,
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Ordinance No.02—2016
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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.
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.
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.
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
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.
(15) 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.
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(18) Shopping centers, provided 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 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.
(19) 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.
(20) Restaurants.
(21) Public buildings and facilities.
(22) Telecommunications towers, subject to the provisions of section 110-482.
(23) Vehicle rental facilities, as provided in section 110-556 of this Code.
(24) Vocational and trade schools not involving operations of an industrial nature.
(25) Retail stores, sales and display rooms, subject to section 110-459.
(26) Personal service establishments, such as beauty shops and barbershops, laundry and dry
cleaning pick up stations, tailor shops, and similar uses.
(27) 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.
***
Sec. 110-354. - Special exceptions permissible by board of adjustment.
(a) In the M 1 light industrial and research and development district, after public notice and
hearing, the board of adjustment may permit special exceptions which arc compatible to
permitted uses and which arc able to meet the minimum requirements and performance
(b) The board of adjustment may adjust setbacks and provisions of section 110 566 as
(e-) Special exceptions may be granted for the following:
- - . • _ _
(1)Service stations, subject to the provisions designated in division 5 of this article for the
C 1 district.
(5)Veterinary hospitals and clinics, subject to the provisions designated in division 5 of
this article for the C 1 district.
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(7)Radio and TV studios.
.
•
set forth in the building code adopted in section 82 31.
which it is located.
• •II - --
c.Facility to be used exclusively for security purposes.
(11)Restaurants.
(12)Public buildings.
- - • • . . 4
(144)Conveyor systems for purposes of moving aggregate and other materials, subject to
the following:
a.Conveyor systems must be connected and adjacent to Port Canaveral.
b.Conveyor systems crossing the setback must be constructed in a north-south
direction, perpendicular to Port Canaveral.
c.Conveyor systems must be completely enclosed where located within a setback.
d.Conveyor systems shall not exceed 30 feet in height, where located within a
setback.
e.Conveyor systems in the setbacks shall not be located within 750 feet from any
other existing or approved conveyor system(s). This measurement shall be drawn as
a straight line connecting the conveyor systems.
(15) (2) Pain management clinics, subject to the requirements of section 110-489 of this
Code.
( al Medical marijuana treatment centers, subject to the requirements of section
110-489 of this Code.
Lzij 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 7. 8- TOWNHOUSES
***
ARTICLE IX.—SUPPLEMENTARY DISTRICT REGULATIONS
City of Cape Canaveral
Ordinance No. 02—2016
Page 16 of 22
DIVISION 1.–GENERALLY
Sec. 110-456. - Application of performance standards.
Lal Any use, building, structure or land developed, constructed or used for any permitted
principal use or any use permissible 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
performance 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. - Shopping centers and retail stores using outside display
j 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 offstreet parking, setbacks and lot coverage. Further, required offstreet parking.,
setbacks, lot coverage and landscaping shall not be diminished by the outside display area.
(c) Maintain minimum 5 foot sidewalk clearance for pedestrians.
(d) No customer parking or fire lanes shall be used.
(e) No additional signage.
(f) All outdoor display must maintain a minimum 5 foot sidewalk clearance.
Sec. 110-459. -Mini-warehouse/Personal property storage facilities.
Cal Storage buildings shall be subdivided by permanent partitions into spaces containing not
more than 300 square feet each.
flu 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.
LO The minimum lot size shall be not less than two acres.
j If the facilities are lighted, lighting shall be 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.
Lel Minimum yard requirements:
fi) Front-30 feet.
City of Cape Canaveral
Ordinance No. 02—2016
Page 17 of 22
(ii) Side and rear—Zero feet if adjacent to a commercial district; 15 feet side yard and ten
feet rear yard if adjacent to residential district.
Lu Perimeter landscaping adjacent to streets: All vehicular use areas (VUAs) which are not
entirely screened by an intervening building from any abutting dedicated public street, to
the extent such areas are not so screened, shall contain the following:
(i) 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. 110-460. - Veterinary Hospital
Laj The portion of the building used for overnight boarding shall be completely soundproof.
The building shall be located on an individual and separate lot, provided all yards, area,
frontage and other requirements of the Code are met for each structure within the zoning
district of which it is a part.
(c) Animals shall be kept in the enclosed soundproof buildings during the hours of 9:00 p.m. to
6:00 a.m.
(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 preventer or air gap.
(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. 110-461. - Car wash
(a) Car 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) All car washes permitted and constructed within the City after July 19, 2016 shall install,
utilize, and d maintain a water recycling system, pursuant to a water recycling system plan
approved by the City's Development Review Committee, which recycles and reuses at least
fifty (50) percent of wash and rinse water. Failure to install, utilize, or maintain the water
recycling system shall be a violation of this code.
City of Cape Canaveral
Ordinance No. 02—2016
Page 18 of 22
Sec. 110-462.—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:
01 The second kitchen facility and the area or quarters it serves shall be integrated
architecturally, both internally and externally, with the single-family residence.
Externally, the structure shall have the appearance of one residence. Internally, there
shall be direct access to the kitchen facility and its area from the living area or quarters of
the single-family residence.
(b) The area or quarters to be served by the kitchen facility shall not exceed 600 square feet,
excluding the kitchen facility and bath area.
(c) A floor plan of the entire single-family residence, including the additional kitchen
facility, shall be submitted to the Building Department in order to illustrate compliance
with these conditions, and the floor plan shall be binding upon all future construction
plans in regard to the single-family residence.
(d) No portion of the single-family dwelling unit shall be utilized for rental purposes, and the
single-family dwelling unit shall be served by one meter for electric and one meter for
water.
Lel The single family dwelling unit shall continue to be utilized by no more than one family
as defined under this section.
Sec. 110-463-466. Reserved.
(a) Any use, building, structure or land developed, constructed or used for any permitted
(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. 110-488. -Assisted living facilities.
Assisted living facilities may only be permitted in the R-3,and C-1 and
C-2 zoning districts subject to the general conditions for special cxccptions 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.
City of Cape Canaveral
Ordinance No. 02—2016
Page 19 of 22
(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.
(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 to March 1, 2003, vVehicle rental
facilities may only be permitted . _ . - _ : - .• - _ - in the
M-1 zoning district subject to - - :- - . _ .. - - . - the
following minimum requirements:
City of Cape Canaveral
Ordinance No.02—2016
Page 20 of 22
(21)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;
( .2)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 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 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;
(47)All outdoor paging or speaker systems are expressly prohibited; and
(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.
City of Cape Canaveral
Ordinance No. 02—2016
Page 21 of 22
ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this 19th day of
July, 2016.
Bob Hoog, Mayor
, Q fir, �l,1 bt
ATTEST:
�it1! For Against
_...„..-----22;)_z ,. ,,,,,_tot.-: :),:), '',
John Bond x
Mia Goforth,.Ci erk Mike Brown x
F •�.
'`0 0.,
r
•�, .. ......•*. ..k Robert Hoog x
lm ",,` Brendan McMillin
Motion
Betty Walsh Sernnd
Approved as to legal form and sufficiency
for City of Cape Canaveral only by:
theAnthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 02—2016
Page 22 of 22