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HomeMy WebLinkAboutEncroachments P & Z- 5/26/2004EnCmorhmrAS iPtii 51um CITY OF CAPE CANAVERAL BUILDING DEPARTMENT Date: August 17, 2004 To: Bennett Boucher, City Manager FIL E Susan Stills, City Clerk pop From: Bea McNeely, Chairperson of the Planning & Zoning Board Re: Amendments to Section 110-1, Proposed Ordinance No. 15-2004 Establishing Definitions of Accessory Use or Structure, Structure, and Yard Accessories The Planning & Zoning Board reviewed the proposed Resolution, establishing definitions of accessory use or structure, structure, and yard accessories. The Board reviewed a memo for Todd Morley, Building Official, suggesting that a portion of the last sentence in the definition of a "Structure" be stricken. However, the Board agreed to recommend approval as written. Please note that the Building Official does not agree with the Board's recommendation. Please refer to his memo for explanation. In reviewing the definition of "Yard Accessories", the board recommended that "play equipment" be added. In reviewing the definition of "Accessory Use or Structure", the board agreed to recommend approval as written. Note: In reviewing Todd Morley's memo, the Board held discussion regarding "Encroachments". The Board concluded that "Canopies" should have its own definition, and be defined as a flexible, and fabric like structure. Please schedule this item on an upcoming meeting agenda. ORDINANCE NO. 15-2004 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, SECTION 110-1, DEFINITIONS, OF THE CODE OF ORDINANCES, ADDING DEFINITIONS FOR ACCESSORY AND YARD ACCESSORIES, AND AMENDING DEFINITION FOR STRUCTURE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council is engaged in a comprehensive review of the City Code of Ordinances; and WHEREAS, the City Council desires to amend Chapter 110, Section 110-1, of the City Code; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Section 110-1, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stf;k.out type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110, Section 1. It is intended that the text in Chapter 110, Section 110-1, denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 110-1. Definitions. Chapter 110 - ZONING City of Cape Canaveral Ordinance No. 15-2004 Page 1 of 3 The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Accessory use or structure. A building or use which is clearly incidental or subordinate to, and customary in connection with, the principal building or use and which is located on the same lot with such principal building or use. * ** Structure. n t winel, is Ludt o. Any thing constructed, erected or placed, the use of which requires more or less permanent location on or in the ground, or attached to something having a permanent location on or in the ground. Structure shall include tents, lunch wagons, dining cars, camp cars or other structures on wheels or other supports and used or intended for business or living quarters. * * * Yard accessories. Non -permanent fixtures and furnishings designed for outdoor use and customarily used for leisure purposes. This shall include lawn chairs, tables, lounges, swings, hammocks, barbecue grills, picnic tables, birdbaths, bird feeders and similar items. * ** 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. 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. 15-2004 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2004. A !TEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor Bob Hoog Jim Morgan Rocky Randels Richard Treverton Steve Miller City of Cape Canaveral Ordinance No. 15-2004 Page 3 of 3 For Against (1 11 OF t.k1'E (k\.k\ 1' R kl. lit 11.1)1\(; 1)1 P kIZ I'\IEA I' Memo Date: August 11, 2004 To: Planning and Zoning Board From Todd Morley, Building Official RE Request for P&Z Board to clarify definition o canopy" to differentiate it from "roof overhang" or "eaves" We need a dear definition of "canopy" to differentiate it from "roof overhang" or "eaves" - see below: I think 110-1 is the place to make this change, as it is merely a definition that I am asking for. However, the Board may want to consider a uniform encroachment for such items when we get to 110-538 in the Code Review workshops. Discrepancy is in Encroachments: 110-538 (5) "Hoods, canopies or marquees may project not over three feet into a required setback." vs. 110-538 (13) "Roof overhangs (eaves) may project not over two feet into a required setback." There is a one -foot difference based on how one interprets "canopies" Per Webster's II New College dictionary: Canopy (def. 2), A roof like omamental architectural structure. Eaves (def. 1), the projecting overhang at the lower border of a roof. Overhang (def. 1) A projecting part, as of a building. Per City of Cape Canaveral Ordinances: Canopy - Not defined. Eaves - Not defined. Overhang - Not defined. The case at hand involves an "eyebrow" over a door, made of the exact same materials as the roof, but separated from the main roof. It is supported by the wall undemeath the main roof overhang. The argument can be made that this is a canopy as a "canopy" is a "roof -like structure". The argument can be made that this is an overhang as an "overhang" is a "projecting part". The truth is, it's both. The ordinance should dearly differentiate the terms. Also — I have a concem with the proposed definition of "Structure" - specifically the phrase: "and used or intended for business or living quarters". One could argue: "I don't use this structure for business or living quarters, I only use it for storage (or recreation, or etc.). Therefore, since it is not used for business or living quarters it cannot be called a structure!" I believe the phrase: "and used or intended for business or living quarters" should be stricken. . Section 110-538 Section 110-538. encroachments. Page 1 of 2 Every part of every required setback shall be open and unobstructed from the ground to the sky, except as follows or as otherwise permitted in this chapter: (1) Sills or belt courses may project not over 18 inches into a required setback. (2) Movable awnings may project not over three feet into a required setback. (3) Chimneys, fireplaces or pilasters may project not over two feet into a required setback. (4) Fire escapes, stairways and balconies which are unroofed and unenclosed may project not over five feet into a required rear setback or not over three feet into a side setback and shall not project into a required front setback of a multiple dwelling, hotel or motel. (5) Hoods, canopies or marquees may project not over three feet into a required setback. (6) fences, walls and hedges shall be permitted in the required setback, subject to this chapter. (7) parking may be located in a required front or rear setback for single- family and two-family dwellings. (8) In the commercial and industrial zoning districts, with the exception of any property abutting State highway A1A and located north of the existing centerline of Central Boulevard, required offstreet parking spaces may be permitted within ten feet of the front lot line. parking may be permitted on a required side setback on a corner lot in the commercial zoning district. (9) No required setback or landscape buffer shall be used for any parking space or backout area, except as specified in subsections (7), (8) and (11) of this section. (10) Open, enclosed porches, platforms or paved terraces not covered by a roof or a canopy and which do not extend above the level of the first floor of the building may extend or project into the required setback. (11) Primary parking may be located in a required front setback for multiple -family dwellings. (12) Signs for on -site advertising shall be in conformance with chapter 94 pertaining to signs. (13) Roof overhangs (eaves) may project not over two feet into �a� I1trAA `I http://fcn.state.fl.us/cape/CapeCode/110-538.htm 05/05/2004 Section 110-538 Page 2 of 2 required setback. (14) Air conditioner units may project not over five feet into a required rear setback. Secs. 110-539--110-550. Reserved. DIVISION 6. VEHICLES AND vesselS* Home --- Contents --- Index http://fcn.state.fl.us/cape/CapeCode/110-538.htm 05/05/2004 Section 110-538 Page 1 of 2 Section 110-538. encroachments. Every part of every required setback shall be open and unobstructed from the ground to the sky, except as follows or as otherwise permitted in this chapter: (1) Sills or belt courses may project not over 18 inches into a required setback. (2) Movable awnings may project not over three feet into a required setback. (3) Chimneys, fireplaces or pilasters may project not over two feet into a required setback. (4) Fire escapes, stairways and balconies which are unroofed and unenclosed may project not over five feet into a required rear setback or not over three feet into a side setback and shall not project into a required front setback of a multiple dwelling, hotel or motel. (5) Hoods, canopies or marquees may project not over three feet into a required setback. (6) fences, walls and hedges shall be permitted in the required setback, subject to this chapter. (7) parking may be located in a required front or rear setback for single- family and two-family dwellings. (8) In the commercial and industrial zoning districts, with the exception of any property abutting State highway A1A and located north of the existing centerline of Central Boulevard, required offstreet parking spaces may be permitted within ten feet of the front lot line. parking may be permitted on a required side setback on a corner lot in the commercial zoning district. (9) No required setback or landscape buffer shall be used for any parking space or backout area, except as specified in subsections (7), (8) and (11) of this section. (10) Open, enclosed porches, platforms or paved terraces not covered by a roof or a canopy and which do not extend above the level of the first floor of the building may extend or project into the required setback. (11) Primary parking may be located in a required front setback for multiple -family dwellings. (12) Signs for on -site advertising shall be in conformance with chapter 94 pertaining to signs. (13) Roof overhangs (eaves) may project not over two feet into a http://www.myflorida.com/cape/CapeCode/110-538.htm 5/19/2004 Section 110-538 Page 2 of 2 required setback. (14) Air conditioner units may project not over five feet into a required rear setback. Secs. 110-539--110-550. Reserved. DIVISION 6. VEHICLES AND vesselS* Home --- Contents --- Index http://www.myflorida.com/cape/CapeCode/110-538.htm 5/19/2004 Section 110-538 Page 1 of 2 Section 110-538. encroachments. Every part of every required setback shall be open and unobstructed from the ground to the sky, except as follows or as otherwise permitted in this chapter: (1) Sills or belt courses may project not over 18 inches into a required setback. (2) Movable awnings may project not over three feet into a required setback. (3) Chimneys, fireplaces or pilasters may project not over two feet into a required setback. (4) Fire escapes, stairways and balconies which are unroofed and unenclosed may project not over five feet into a required rear setback or not over three feet into a side setback and shall not project into a required front setback of a multiple dwelling, hotel or motel. (5) Hoods, canopies or marquees may project not over three feet into a required setback. (6) fences, walls and hedges shall be permitted in the required setback, subject to this chapter. (7) parking may be located in a required front or rear setback for single- family and two-family dwellings. (8) In the commercial and industrial zoning districts, with the exception of any property abutting State highway A1A and located north of the existing centerline of Central Boulevard, required offstreet parking spaces may be permitted within ten feet of the front lot line. parking may be permitted on a required side setback on a corner lot in the commercial zoning district. (9) No required setback or landscape buffer shall be used for any parking space or backout area, except as specified in subsections (7), (8) and (11) of this section. (10) Open, enclosed porches, platforms or paved terraces not covered by a roof or a canopy and which do not extend above the level of the first floor of the building may extend or project into the required setback. (11) Primary parking may be located in a required front setback for multiple -family dwellings. (12) Signs for on -site advertising shall be in conformance with chapter 94 pertaining to signs. (13) Roof overhangs (eaves) may project not over two feet into a http://www.eog.state.fl.us/cape/CapeCode/110-538.htm 6/2/04 Section 110-538 Page 2 of 2 required setback. (14) Air conditioner units may project not over five feet into a required rear setback. Secs. 110-539--110-550. Reserved. DIVISION 6. VEHICLES AND vesselS* Home --- Contents --- Index http://www.eog.state.fl. us/cape/CapeCode/110-538.htm 6/2/04