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HomeMy WebLinkAboutOrdinance No. 11-62-1962/AmendedMICROFILMED 3-13-18 AMENDED ORD 64-25 ORD ORD 64-1 ORD CITY OF CAPE CANAVERAL CAPE CANAVERAL, FLA. (ORDINANCE NO. 11-62 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA AND KNOWN AS THE ZONING ORDINANCE REGULATING THE NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES. THE PERCENTAGE OF LOT THAT MAY BE OCCUPIED, THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES, THE DENSITY OF POPULATION AND THE USE OF BUILDINGS, STRUCTURES, LAND AND WATER AREAS FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES; FOR SUCH PURPOSES CREATING DISTRICTS AND ESTABLISHING THE BOUNDARIES THEREOF; DEFINING CERTAIN TERMS USED HEREIN; PROVIDING FOR THE METHOD OF ADMINISTRATION AND AMENDMENT; ESTABLISHING A BOARD OF ADJUSTMENT. AND DEFINING THE POWERS AND DUTIES THEREOF; PRO- VIDING PENALTIES FOR VIOLATION; REPEALING CONFLICT- ING ORDINANCES, AND FOR OTHER PURPOSES. OR 11 - 62 PAGE 1 OF 54 MICROFILMED 3-13-80 TABLE OF CONTENTS PAGE NO. ARTICLE I SHORT TITLE 1 ARTICLE II DEFINITIONS. 1 - 11 ARTICLE III ESTABLISHMENT OF DISTRICTS AND REGULATING THE USES OF LAND AND BUILDING THEREIN 11 Section 1. Establishment of Districts 11 Section 2. Restrictions Upon Lands, Buildings and Structures 12 613 ARTICLE IV R-I'A ONE (SINGLE) FAMILY DWELLING DISTRICT 13 Section 1. Uses Permitted 13 Section 2. Conditional Uses 13 Section 3. Building Height Regulations 14 Section 4. Building Site Area Regulations 14 Section 5. Front, Rear and Side Yard Re- gulations 14 Section 6; Lot Coverage 14 Section 7. Minimum Floor Area Reguirements 14 Section 8, Use, Height, Area and Yard Ex- ceptions 15 Section 9. Off Street Parking Regulations 15 ARTICLE V R-I ONE (SINGLE) FAMILY DWELLING DISTRICT 15 Section 1. Uses Permitted 15 Section 2. Conditional Uses 15 Section 3. Building Height Regulations 16 Section 4.. Building Site Area Regulations 16 Section 5. Front, Rear and Side Yard Re- gulations 16 Section 6. Lot Coverage 16 Section 7. Minimum Floor Area Requirements 16 Section 8. Use, Height, Area and Yard Ex- ceptions 16 Section 9. Off Street Parking Regulations 16 ARTICLE VI R-2 ONE AND TWO FAMILY DWELLING DISTRICT 16 Section 1. Uses Permitted 17 Section 2. Conditional Uses 17 OR 11-62 PAGE 2 OF 54 MICROFILMED 3-13-80 Page No. Section 3. Building Height Regulations 17 Section 4. Building Site Area Regulations 17 Section 5. Front, Rear and Side Yard Regula- tions 18 Section 6. Lot Coverage 18 Section 7. Minimum Floor Area Reguirements '18 Section 8. Use, Height Area and Yard Excep- tions 18 Section 9. Off Street Parking Regulations 18 ARTICLE VII R-3 MULTIPLE FAMILY DWELLING DISTRICT 18 Section 1. Uses Permitted 18 Section 2. Building Height Regulations 19 Section 3. Building Site Area Regulations 19 Section 4. Front, Rear and Side Yard Regula- tions 19 Section 5. Lot Coverage 20 Section 6. Minimum Floor Area Requirements 20 Section 7. Use, Height, Area and Yard Ex- ceptions 20 Section 8. Off Street Parking Regulations 20 ARTICLE VIII R-4 MULTIPLE FAMILY DISTRICT 20 'Section 1. Uses Permitted 20 Section 2. Height Regulations 22 Section 3. Front, Rear and Side Regulations 22 Section 4. Off Street Parking Regulations 22 Section 5. Lot Coverage 22 ARTICLE IX , C-1 NEIGHBORHOOD COMMERCIAL DISTRICT 22 Section 1. Uses Permitted 22 Section 2. Building Height Regulations 23 Section 3. Building Site Area Regulations 23 Section 4. Front, Rear and Side Yard Regula- tions 23 Section 5. Off Street Parking Regulations 24 OR 11-62 PAGE 3 OF 54 MICROFILMED 3-13-80 Page No. ARTICLE X C-2 GENERAL COMMERCIAL DISTRICT 24 Section 1. Uses Permitted 24 Section 2. Building Height Regulations 25 Section 3. Building Site Area Regulations 25 Section 4. Front, Rear and Side Yard Re- gulations 25 Section 5. Off Street Parking Regulations 25 ARTICLE XI M-1 INDUSTRIAL DISTRICT (LIGHT) 25 ARTICLE XII M-2 INDUSTRIAL DISTRICT 25 Section 1. Uses Permitted 25 Section 2. Building Site Area Regulations 26 Section 3. Front, Rear and Side Yard Regula- tions 26 ARTICLE XIII B-1 OCEAN BEACH DISTRICT 26 Section 1. Uses Permitted 26 Section 2. Conditional Uses 26 ARTICLE XIV GENERAL PROVISIQNS AND -EXCEPTIONS 27 Section 1. Ocean Bluff Line Setback 27 Section 2. Bulkheads 27 Section 3. Swimming Pools 27 Section 4. Fences, Hedges and Screening 28 ARTICLE XV OFF STREET PARKING AND LODGING REGULATIONS 28 Section 1. Definition 28 Section 2. Off Street Parking Regulations 28 Section 3. Location 30 Section 4. Off Street Loading Regulations 30 Section 5. Permanent Reservations 31 ARTICLE XVI NON -CONFORMING USES 31 ARTICLE XVII GENERAL PROVISIONS AND EXCEPTIONS 32 Section 1. Front Yard Exceptions in Dwelling Districts 32 Section 2. Effect of Established Set Back Lines for Street Widening 32 OR 11-62 PAGE 4 OF 54 MICROFILMED 3-13-80 Page No. Section 3. Automobile Service Station Requirements 32 Section 4. Location of Accessory Buildings and Uses in Residential Areas 33 Section 5. Swimming Pool Regulations 33 Section 6. Yards 34 Section 7. Height 35 Section 8. Public Utilities 35 Section 9. Sanitary Requirements 35 Section 10. Hotel and Restaurant Requirements 35 Section 11. Rubbish on Site 35 Section 12, Advertising Billboards 36 Section 13. Liquor Requests 36 Section 14. Street Construction 36 Section 15. Building Moving 36 Section 16. Set Back Requirements - Special 36 Section 17. Mosquitoe Control 37 Section 18. Wrecked Automobiles 38 Section 19. New Trailer Parks and/or Sub- divisions 39 .Section 20 Storm Drainage 39 Section 21 Cut or Breaking Curbs, Sidewalks and Streets 39 Section 22. Driving on Sidewalks 40 Section 23. Right of Way Minimum Widths 41 Section 24. Streets 41 Section 25. Lintels 41 Section 26. canal Width 41 Section 27. Reclaimed Lands 41 Section 28. Roofing Requirements 41 Section 29. Sewerage Disposal (Treatment) Facilities 42 Section 30 Water mains and Laterals 42 ARTICLE XVIII APPLI1CATION.FOR.A BUILDING PERMIT - FILING PLOT PLAN OR 11-62 PAGE 5 OF 54 MICROFILMED 3-13-80 Page No. ARTICLE XIX BOARD OF ADJUSTMENT 43 ARTICLE XX INTERPRETATION, PURPOSE AND CONFLICT 45 ARTICLE XXI CHANGES AND AMENDMENTS 45 ARTICLE XXII GRANTING CONDITIONAL USES 45 ARTICLE XXIII PENALTY 47 ARTICLE XXIV ENFORCEMENT 47 ARTICLE XXV VALIDITY 47 ARTICLE XXVI REPEALING 47 ARTICLE XXVII EFFECTIVE DATE 47 ARTICLE XXVIII PUBLICATION 48 OR 11 -62 PAGE 6 OF 54 MICROFILMED 3-13-80 ORDINANCE NO. 11-62 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA AND KNOWN AS THE ZONING ORDINANCE REGULATING THE NUMBER OF STORIES AND SIZE OF BUILDING AND OTHER STRUCTURES. THE PER- CENTAGE OF LOT THAT MAY BE OCCUPIED. THE SIZE OF YARDS, COURTS AND OTHER OPEN SPACES, THE DENSITY OF POPULATION AND THE USE OF BUILDINGS, STRUCTURES, LAND AND WATER AREAS FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PUR_ POSES; FOR SUCH PURPOSES CREATING DISTRICTS AND ESTABLISHING THE BOUNDARIES THEREOF; DE- FINING CERTAIN TERMS USED THEREIN; PROVIDING FOR THE METHOD OF ADMINISTRATION AND AMEND- MENT; ESTABLISHING A BOARD OF ADJUSTMENT AND DEFINING THE POWERS AND DUTIES THEREOF; PROVID- ING PENALTIES FOR VIOLATION; REPEALING CON- FLICTING ORDINANCES, AND FOR OTHER PURPOSES. WHEREAS, for the purposes of promoting health, safety, > Same original purpose morals and welfare of the inhabitants of the City of Cape Can- averal Florida, including among other things the lessening of congestion in streets, securing safety from fire and other dangers; providing adequate lightand air; promoting such distribution of the population and such classifications of land uses and utiliza tion and distribution of land, development as will tend to facilit- ate and conserve adequate provisions for transportation, water supply, sewerage, drainage, sanitation, recreation and other Purposes, there is hereby adopted and established and official zoning ordinance for the City of Cape Canaveral, Florida. NOW, THEREFORE, BE IT ORDAINED BY TILE COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA: ARTICLE I SHORT TITLE This comprehensive zoning ordinance is hereby adopted and shall be known and may be cited as "The Zoning Ordinance of the City of Cape Canaveral." ARTICLE II DEFINITIONS For the purpose of this ordinance, certain words and terms are hereby defined. Words used in the present tense include the future tense. Words used inthe singular number include the plural and words used in the.plural include the singular: The word 'Iperson" includes a firm, partnership or corporation. The word "lot" includes the word"plot" or "parcel": The word "building" OR 11 - 62 PAGE 7 OF 54 MICROFILMED 3-13-80 include the word " structure". The word "shall" is always mandatory and not merely directive. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intend - ed", "arranged" or "designed to be used or occupied". ACCESSORY BUILDINGS AND USES. A subordinate building or a portion of the main building, the use of which is incidental to that of the dominant use of the building or land including accessory signs, bona fide servant's quarters, and green houses operated on a non-profit basis. An accessory use is one that is incidental to the main use of the premises, and shall include swimming pools. See Article XVII, Section 5. ALLEY. A public or private way which affords only a secondary means of access to property abutting thereon. APARTMENT HOUSE. See Dwelling, Multiple. BOARDING HOUSE. A building other than a hotel, where, for compensation and by prearrangement for a definite period, meals or lodging and meals are provided for three (3) or more persons. BUILDING. Any structure designed or built for the sup- port, enclosure, shelter, or protection of persons, animals, chattels or property of any kind. BUILDING, MAIN. A building in which is conducted the main or principal, use of the lot on which said building is situated. BUILDING, HEIGHT OF. The vertical distance from the grade to the highest point of the coping of a flat roof or to the mean height level between eaves and ridge for gable, hip or gambrel roofs. Where no grade has been established the height of the build- ing may be measured from the mean elevation of the finished lot grade at the front Hof the building. BUNGALOW COURT. A group of two or more detached buildings under one ownership and management and being serviced as a group 2 OR 11-62 PAGE 8 OF 54 MICROFILMED 3-13-80 by public utilities, each individual building consisting of complete living accommodations for one family. BULKHEAD. A retainer wall or structure designed to protect the erosion of land by water action or acts of nature. BULKIEAD LINE (INTERIOR) An artificial line established in or along a river, watercourse, or other body of water, in order to fix and establish the maximum distance from existing shoreline within which filling will be permitted. CANAL. An artificial watercourse, trench or ditch in the earth for confining water to a defined channel. CLINIC. A clinic is an -establishment where patients, who are not lodged over night, are admitted for examination and treatment by one person or a group of persons practicing any form of healing or health building services to individuals, whether such persons be medical doctors, chiropractors, osteo- paths, chropodists, naturopaths, optometrists, dentists, or any such profession the practice of which is licensed in the State of Florida. CLUB. Building and facilities owned and operated by a corporation or association of persons for social or recreational purposes, but not operated primarily for profit nor to render a service which is customarily carried on as a business. CONDITIONAL USE. 'When, after review of an application and plans appurtenant thereto and public hearing hereon, the uses are consistent with the General Zoning Plan and the public nterest, < Conditional Use criteria was written directly in to the definition the Board may recommend to the City Commission an ap- proval thereof. CURB LEVEL. The curb level or grade is the elevation of the street curb established by the city. DORMITORIES. A room, apartment or building containing sleeping accommodations which facility is operated for the use of students or instructors enrolled in the sponsoring educational institution. 3 OR 11 - 62 PAGE 9 OF 54 MICROFILMED 3-13-80 DWELLING. Any building or portion thereof which is de- signed for or used for residential purposes, but not include Trailer Coach, or a converted trailer, hotels, motels, lodging houses and boarding houses. DWELLING, ONE (SINGLE) FAMILY. A building designed for or occupied exclusively by one family. DWELLING, TWO FAMILY. A building designed for or oc- cupied exclusively by two families. DWELLING, MULTIPLE. A building designed for or occupied exclusively by three or more families. EFFICIENCY APARTMENT. A dwelling unit in which the kitchen, living, sleeping and dining facilities are located with- in one room. FAMILY. One or more persons occupying a dwelling and living as a single housekeeping unit, as distinguished from persons occupying a boarding house, lodging house or hotel, as herein defined. FENCE. An artificial barrier, wall or divider constructed in order to provide privacy, protection or decoration. FILLING STATION. See Service Station. FINGER. A man-made portion of land nearly surrounded by water, consisting of a roadway ending in a cul-de-sac and having lots abutting on the roadway and the water. FLOOR AREA, MINIMUM. The enclosed liveable floor area within the dwelling exclusive of open and screened porches, car- ports and garage. GARAGE APARTMENT. An accessory or subordinate building, not a part of or attached to the main building, containing living facilities for not more than one family, which living facilities shall not occupy more than fifty per cent of the total floor area of said garage apartment. 4 OR 11-62 PAGE 10 OF 54 MICROFILMED 3-13-80 GARAGE, PRIVATE. An accessory building or a portion of the principal building used for the storage of automobiles of the occupants of the principal building. A carport is a pri- vate garage. GARAGE, PUBLIC. A building or portion thereof, other than a private or storage garage, designed or used for the sale, storage, servicing, repairing, equipping and hiring of motor driven vehicles. GARAGE, STORAGE. A building or portion thereof designed or used exclusively for the storage or parking of automobiles. Services, other than storage at such storage garage shall be limited to refueling, lubrication, washing, waxing, and polishing. GRADE FINISHED. The complete surface of lawns, walks and driveways brought to grade as shown on the plans or designs re- lating thereto. GUEST COTTAGE. Living quarters within a detached acces- sory building located on the same lot or parcel of land as the principal building, to be used exclusively for housing members of the family occupying the principal building and their non-paying guests; such quarters shall not be rented or otherwise used as a separate dwelling. GUEST (TOURIST) HOME. A private dwelling in which.transi- ent sleeping accommodations are provided for compensation, especially motor tourists or travelers. HOME OCCUPATION. Any use conducted entirely within a dwelling and carried on by an occupant thereof, which use is clear ly incidental and secondary to the use of the dwelling for dwell- ing purposes and does not change the character thereof and provid- (All allowable conditions written directly into the definition) ed, that all of the following conditions are met; Only such commodities as are made on the premises may be sold on the premises. However, all such sales of home occupation work or products shall 5 OR 11-62 PAGE 11 OF 54 M ICROFILMED 3-13-80 be conducted within a building and there shall be no outdoor display of merchandise or products, nor shall there be any in- door display visible from the outside of the building. No per- son shall be engaged in any such home occupation other than two members of the immediate family residing on the premises. No mechanical equipment shall be used or stored on the premises in connection with the home occupation, except such that is normally used for purely domestic or household purposes. Not over twenty-five per cent (25%) of the floor area of any one- story shall be used for home occupation purposes. No sign shall be used other than one non -illuminated name plate attached to the building entrance, which plate shall not exceed two (2) square feet in area. Each location shall be approved by the Board of Zoning Adjustment. Fabrication of articles such as are commonly classified under'the terms "arts and handicrafts" may be deemed a home occupation, subject to the other terms and conditions of this definition. Home occupations shall not be construed to include barber shops, beauty 'parlors, tearooms, food processing, restaurants, sale of antiques, commercial kennels, real estate offices or insurance offices. HOTEL. [Any building or group of buildings containing sleeping room accommodations for twenty-five (25) or more guests and providing service generally provided by a hotel and re- congnized as a hotel in the community in which it is situated, or by the industry. ] Interesting example. JUNK YARD. An open area where waste, used or second hand materials are bought, sold, exchanged, stored, baled, packed, dis- assembled or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A junk yard includes and automobile wrecking yard. LAUNDRY, SELF SERVICE. A business that provides home type washing, drying and/or ironing machines for hire to be used by customers on the premises. 6 OR 11-62. PAGE 12 OF 54 • . , MICROFILMED 3-13-80 LOADING SPACE. A space within the main building or on the same lot, providing for the standing, loading or unloading of trucks or other motor vehicles. LODGING HOUSE. A building other than a hotel or boarding house where lodging for three (3) but not more than twenty-four (24) persons is provided for definite periods for compensation pursuant to previous arrangements. LOT. A parcel of land occupied or intended for occupancy by use permitted in this ordinance including one principal build- ing together with its necessary buildings, the yard areas and parking spaces required by this ordinance and having its princi- pal frontage upon a publicly owned or maintained street or upon an approved place. When a bungalow court is being considered, a lot shall refer to a parcel of land devoted to the individ- ual buildings in such bungalow court. LOT, CORNER. A lot abutting upon two or more streets at their intersection. LOT, DOUBLE FRONTAGE. A lot having a frontage on two (2) non -intersecting streets as distinguised from a corner lot. LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the Clerk of the Circuit Court of Brevard County or a parcel of land, the deed of which was recorded in the office of the Clerk of the Circuit Court of Brevard County. LOT WIDTH. The mean horizontal distance between the side lot lines, measured at right angles to the depth. LOT DEPTH. The depth of a lot is the distance measured in a direction of the side lines of the lot from the middle point of the front fine to the middle point of the opposite rear line of the lot. LOT REVERSED CORNER. A corner lot the street side lot line of which is s.bstantiaily the continuation of the front lot 7 OR 11-62 PAGE 13 OF 54 M ICROFILMED 3-13-80 line of the first lot to its rear. MOTEL. A building or groups of buildings, whether de- tached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers, and providing for accessory off street parking facilities adjacent to each unit and having individual unit entrances, opening to the outside. The term "MOTEL" includes < Lots of undefined terms used to define other terms) buildings designated as auto courts, tourist courts, motor lodges and similar applications. NON -CONFORMING USE. The use of a building, or portion thereof, or land, or portion thereof, which does not conform with the use regulations of the district in which it is located. NURSING (CONVALESCENT) HOME. A home for the aged, chron- ically ill or incurable persons in which three or more persons not ofthe immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured OCEAN BEACH. For the purpose of this ordinance,the ocean beach shall be all land or water as measured from the high water mark of the mean Spring Tide of the Atlantic Ocean pro- jected easterly one -thousand (1,000) feet to the eastern corp- orate limit line of the city and projected westerly from said high water mark to the eastermost top edge of the ocean bluff line. OCEAN BLUFF LINE. The eastermost projection of the top edge of the natural vegetated ocean bluff or dune which meanders along the shore of the Atlantic Ocean or as established by a United States Coast and Geodetic Survey. In the absence of a clearly definedior recognizable bluff or dune, the city may elect to establish an ocean bluff line by measuring west or 8 ov-at OR 11 - 62 PAGE 14 OF 54 MICROFILMED 3-13-80 westerly a distance of sixty (60) feet from the high water mark of the mean Spring Tide of the Atlantic Ocean. PLANNING AND ZONING BOARD. The planning and Zoning Board of the City of Cape Canaveral, Florida. SERVICE STATION. Any building, structure, or land used for the dispensing sale or offering for sale at retail of any automobile fuel, oils or accessories and in connection with which is performed general automotive servicing as distinguished from automotive repairs. STORY. That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between such floor and ceiling next above it. STREET. A public or private thorofare which affords the principal means of access to abutting property. This inbludes lane, place, way or other means of ingress or egress regardless of the term used to describe it. STREET RIGHT-OF-WAY LINE. The dividing line between a lot, tract or parcel of land and contiguous street. STRUCTURE. Anything constructed, erected or placed, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground and 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, excluding fences not over six (6) feet above the natural grade. STRUCTURAL ALTERATION. Any change except for repair or replacement in the supporting members of a structure, such as bearing walls or partitions, columns, beams, or girders, or any substantial ,change in the roof or in the exterior walls. SWIMMING POOL. Any constructed pool used for swimming or bathing over twenty-four (24).inches in depth or with a surface 9 OR 11- 62 PAGE 15 OF 54 MICROFILMED 3-13-80 area exceeding two )iundred fifty (250) square feet. TRAILER COACH. Any vehicle used, or so constructed as to permit its being used as a conveyance upon the public streets or highways and duly licensible as such and which is contruct- ed to permit occupancy as a dwelling or sleeping place for one or more persons. TRAILER PARK. A park, licensed and approved by the State Board of Health and established to carry on the business of parking trailer coaches. YARD. An open space at grade between a building and adjoining lot lines unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a, yard for the purpose of de- termining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the principal building shall be used. YARD, FRONT. A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street line and the principle building or any projections thereof other than the projections of uncovered steps, uncovered balconies or uncovered porches. On corner lots the front yard shall be considered as parallel to the street up- on which the lot has its least dimension. YARD, REAR. A yard extending across the rear of a lot between the side'lot lines and being the minimum horizontal dis- tance between the rear of the principal building or any projec- tion thereof other than the projections of uncovered steps, balconies or porches. Oil all corner lots the rear yard shall be at the opposite end of the lot from the front yard. YARD, SIDE. A yard between the principal building and the side line of the lot and extending from the front line to the 10 OR 11-62 PAGE 16 OF 54 MICROFILMED 3-13-80 rear yard and being the minimum horizontal distance between a side lot line and the side of the principal building or any projection thereto. ARTICLE III. ESTABLISHMENT OF DISTRICTS AND REGULATING THE USES OF LAND AND BUILDING THEREIN: SECTION 1. ESTABLISHMENT OF DISTRICTS. (a) In order to classify, regulate and restrict the uses of land, water, buildings and structures, and to regulate and restrict.the height and bulk of building and to regulate the area of yards and other open spaces about buildings, the corpor- ate area of the City of Cape Canaveral, is divided into ten (10) districts as follows: R-1 A One (Single) Family Dwelling District R-1. One (Single) Family Dwelling District R-2 One and Two Family Dwelling District R-3 Multiple Family Dwelling District R-4 Multiple Family District C-1 Neighborhood Commercial District C-2. General Commercial District M-1 Industrial District (Light) M-2. Industrial District B-1 Ocean Beach District (b) Boundaries indicated as following shore lines shall be construed to follow such shore line, and in the event of change in the shore line shall be construed as moving with the actual shore line. (c) All areas within the corporate limits of the City of Cape Canaveral, which are under water and not shown as included within any district, shall be subject to all the regulations of the district which immediately adjoins the water area. If the water area adjoins two or more districts, the boundaries of each 11 OR 11 - 62 PAGE 17 OF 54 MICROFILMED 3-13-80 district shall be construed to extend into the water area in a straight line until they meet the other district. SECTION 2. RESTRICTIONS UPON LANDS, BUILDINGS AND STRUCTURES. (a) USE. No building or structure shall be erected and no existing building shall be moved, altered, added to or en- larged, nor shall any land, building, structure or premises be used, designed or intended to be used for any purpose or in any manner other than a use designated in this ordinance, or amend- ments thereto, as permitted'in the district in which such land, building, structure or premises is or are located. (b) HEIGHT. No structure or building shall be erected, nor shall any existing building be moved, reconditioned or structurally altered so as to exceed in height the limit es- tablished in this ordinance, or amendments thereto, for the district in which such building or structure is located. (c) PERCENTAGE OF LOT OCCUPANCY. No building or structure shall be erected nor shall any existing building or structure be moved, altered, enlarged or rebuilt, nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner, except in conformity with the building site requirements and the area and parking space and yard regulations established by this ordinance or amendments thereto, for the district in which such building or structure is located. (d) DENSITY OF POPULATION. No building, structure or premises shall be erected or occupied or used so as to provide a greater density of population than is allowed under the terms of this ordinance for the district in which such building, structure or premises is'or are located. (e) OPEN SPACE USE LIMITATION. No yard or other open space provided about any building or structure for the purpose of 12 OR 11 - 62 PAGE 18 OF 54 MICROFILMED 3-13-80 complying with the regulations of this ordinance, or amendments thereto, shall be considered as providing a yard or open space for any other building or structure. (f) REQUIRED LOT AND OCCUPANCY. Every building or structure hereafter erected shall be located on a lot or tract as defined herein; and in no case shall there be more than one building on one lot except as hereinafter provided. [ARTTCLE IV. R-1 ONE (SINGLE) FAMILY DWELLING DISTRICT The lands included within this district are developed predominatly with single family dwellings. The lot areas are large and the district is designated to preserve and protect the characteristics of single family uses. SECTION 1. USES PERMITTED Within any R-1 A One (Single) Family Dwelling District, no building, structures, land or water shall be used except for one or more of the following uses: 1. Single family dwellings and their customary acces- sory uses. 2. Non-commercial piers, boat houses and landing places, owned by adjoining property owners. SECTION 2. CONDITIONAL USES (1) When, after review of an application and plans ment finds as a fact that the proposed use or uses are con- sistent with the general zoning plan and with the public interest, the following may be recommended to the City Council as permitted uses: (a) Churches with their attendant Educational buildings and Recreational facilities. (b) Public Utility and Service structures. (c) Schools, but no correctional Institutions. (Conditional Uses) (d) Public Recreation areaand facilities. 13 OR 11-62 PAGE 19 OF 54 MICROFILMED 3-13-80 (2) The moving of existing structures. Any review of an application or plan shall consider the characteristic of the neighborhood in which the property use is to be located and its effect on the value of surrounding lands, and further, the area of the site as it relates particularly (Conditional Use Criteria) to the required open spaces and off street parking facilities and further, whether or not the moving of an existing structure shall be harmonious to the area. SECTION 3. BUILDING HEIGHT REGULATIONS No building or structure shall exceed. thirty-five (35) feet or two stories in height. SECTION 4. BUILDING SITE AREA REGULATIONS Each single family dwelling shall be located on a lot or parcel of land having an area of not less than twenty thousand (20,000) square feet and having a minimum width of one hundred (100) feet. SECTION 5. FRONT, REAR AND SIDE YARD REGULATIONS 1. FRONT YARD. 'There shall be a front yard of not less than fifty (50) feet in depth. 2. REAR YARD. There shall be a rear yard of not less than thirty-five (35) feet in depth. 3. SIDE YARD. Side yards shall be provided on each 'side of every dwelling of not less than fifteen (15) feet. SECTION 6. LOT COVERAGE Thirty (30) per cent of the lot area is the maximum amount of land that may be covered by the principal and 30% accessory buildings or structures located thereon. SECTION 7. MINIMUM FLOOR AREA REQUIREMENTS In the R-1 A One (Single) Family Dwelling District min- imum requirements for first floor area per.dvielling unit shall be: for a two story, dwelling, twelve hundred (1200) square feet; for a one 4nd one-half story dwelling, twelve hundred (1200) square feet and for a one s'tory'dwelling, sixteen Hundred and fifty 14 OR 11 - 62 PAGE 20 OF 54 MICROFILMED 3-13-80 (1,650) square feet SECTION 8. USE, HEIGHT, AREA AND YARD EXCEPTIONS See Article XVII SECTION 9. OFF STREET PARKING REGULATIONS See Article XV ARTICLE V R-1 ONE (SINGLE) FAMILY DWELLING DISTRICT The lands in this district are developed predominantly with single family dwelling however the prevailing lot areas are less than those of the R-1 A District. Then, too, in this district there is found a greater, variety of uses. SECTION 1. USES PERMITTED Within any R-1 (Single) Family Dwelling District, no building, structure, land or water, shall be used except for one or more of the following uses: 1. Any use permitted in the R-1 A District. 2. Home occupations. 3. Libraries, non-commercial community centers. 4„ Parks, playgrounds owned and operated by the city. SECTION 2. CONDITIONAL USES. (1) When, after review of an application for plans per- tinent thereto and hearing thereon, the Board of Adjustment finds as a fact that the proposed use or uses are consistent with the general zoning plan and with the public interest, the following may be recommended to the City Council as permitted uses. (a) Same as for the R-1 A Single Family Dwelling District. (b) Libraries, Art Galleries, Childs Museum and non - community Commercial Community Centers. (2) Any review of an application or plan shall consider the character of the neighborhood in which the property would be used is to be located and its effect on the value of sur- rounding lands, and further, the area of the site as relates particularly to the required open spaces and off street parking facilities, and further, whether or not, the moving of an exist- ing structure shall be harmonious to the area. 15 OR 11 - 62 PAGE 21 OF 54 MICROFILMED 3-13-80 SECTION 3. BUILDING HEIGHT REGULATIONS Same as for the R-1 A One (Single) Family Dwelling District. SECTION 4. BUILDING SITE AREA REGULATIONS Each single family dwelling shall be located on a lot or parcel of land having an area of not less than seven thou- sand five hundred (7,500) square feet and having an average width of seventy-five (75) feet. SECTION 5. FRONT, REAR AND SIDE YARD REGULATIONS (1) FRONT YARD. There shall be a front yard of not less than twenty-five (25) feet in depth. (2) REAR YARD. There shall be a rear yard of not less than thirty (30) feet in depth. (3) SIDE YARD. Side yards shall be provided on each side of every dwelling of not less than eight (8) feet. SECTION 6. LOT COVERAGE Thirty (30) per cent of the lot area is the maximum anount of land that may be covered by the principal and accessory buildings or structures located thereon. SECTION 7. MINIMUM FLOOR AREA REQUIREMENTS In the R-1 One (Single) Family Dwelling District minimum requirements for first floor area per dwelling shall be: for a two story, seven hundred and fifty (750) square feet; for a one and one-half story dwelling, eight hundred and (850) square feet and for a one story dwelling, one thousand (1000) square feet. SECTION 8. USE, HEIGHT, AREA AND YARD EXCEPTIONS See Article XVII SECTION 9. OFF STREET PARKING REGULATIONS (See Article XV) RTICLE VI;, R-2 ONE AND TWO FAMILY DWELLING DISTRICT Although the lands within this district are developed predominantly with single family dwellings, there is a substantial number of two family units. 16 OR 11 - 62 PAGE 22 OF 54 M ICROFILMED 3-13-80 SECTION 1. USES PERMITTED. Within' any R-2 One and Two Family Dwelling District, no building, structure land or water shall be used except for one or more of the following uses: 1. Any use permitted in the R-1 District. 2. One and two family dwellings including their customary accessory uses. SECTION 2. CONDITIONAL USES: 1. When, after review of an application for plans pertinent thereto and hearing thereon, the Board of Adjustment finds as a fact that the proposed use or uses are consistent with the general zoning plan and with the public interest, the following may be recommended to the City Council as permitted uses: (a) Same as for the R-1 One (Single) Family Dwelling District. 2. Any review of an application or plan shall consider the character of the neighborhood in which the property to be used, is to be located and its effect on the value of surrounding lands, and further, the area of the site as relates particularly to the required open spaces and off street parking facilities, and further, whether or not the moving of an existing structure shall be har- monious to the area. SECTION 3. BUILDING HEIGHT REGULATIONS Same as for the R-1 A and R-1 Districts. SECTION 4. BUILDING SITE AREA REGULATIONS 1. Each single family dwelling shall be located on a lot or parcel of land having an area of not less than seven thousand, five hundred (7,500) square feet and having an average width of not less than (75 )1 feet! 2. Each two family dwelling shall be located on a lot or parcel of land having an area of not less than ten thousand (10,000) square feet and a width of not less thanone hundred (100) feet. 17 OR 11-62 PAGE 23 OF 54 MICROFILMED 3-13-80 SECTION 5. FRONT, REAR AND SIDE YARD REGULATIONS Same as for the R-1 One (Single) Family Dwelling District. SECTION 6. LOT COVERAGE Same as for the R-1 One (Single) Family Dwelling District. SECTION 7. MINIMUM FLOOR AREA REQUIREMENTS. The minimum floor area for a one family dwelling shall be one thousand (1000) square feet and for a two family dwell- ing seven hundred and fifty (750) square feet for each dwelling unit. SECTION 8. USE, HEIGHT AREA AND YARD EXCEPTIONS See Article XVII SECTION 9. OFF STREET PARKING REGULATIONS See Article XV ARTICLE VII R-3 MULTIPLE FAMILY DWELLING DISTRICT The lands within this district have already been deve- loped with multiple family structures or by their location or trend of development, are appropriate to such uses. SECTION 1. USES PERMITTED Within any R-3 Multiple Family Dwelling District, no build- ing, structure, land or water shall be used except for one or more of the following uses: 1. Any use permitted, or any conditional use, which may be recommended to the City Council as permitted uses, in the R-2 One and Two Family Dwelling Districts. 2. Multiple Family Dwellings (Apartments) and their customary accessory uses. 3. Apartment buildings and Hotels. 4. Restaurants, lounges and shops in structures of more than thirty-five (35) dwelling units, however, entrances to said facilities shall be only from the lobby within the structures. There shall be no outside entrances. 5. Boarding, and lodging houses. 6. Guest or tourist homes. 7. Bungalow Courts. 18 OR.11-62 PAGE 24 OF 54 M ICROFILMED 3-13-80 8. Motels when located on Federal or State Highways. 9. Hospitals, but no animal hospitals or mental in- stitutions. 10. Private clubs or lodges. SECTION 2. BUILDING HEIGHT REGULATIONS No building or structure shall exceed six and one-half stories (75') in height unless otherwise permitted in Article XVII hereof. SECTION 3. BUILDING SITE AREA REGULATIONS 1. For one and two family dwellings, same as for the R-2 One and Two Family Dwelling Districts. 2. For each dwelling unit in excess of two (2) added to the structure on the first and second floor, one thousand (1,000) additional square feet of lot area shall be added for each of such dwelling units added. 3. For each dwelling unit added to the structure above the second floor, three hundred (300) square feet of lot for each of such dwelling units added. For structures accommodat- ing in excess of four dwelling units, the minimum width of lot or parcel of land shall be one hundred (100) feet. SECTION 4. FRONT, REAR AND SIDE,YARD REGULATIONS 1. For one and two family dwellings, the same as for the R-2 One and Two Family Dwelling Districts. 2. For multiple family dwellings the following front, rear and side yards shall be observed. (a) There shall be a front yard of not less than Twenty- five (25) feet in depth. (b) A side yard on each side of the wall of the prin- cipal structure of not less than eight (8) feet, however, for a structure of'more than two stories (35) (feet), in height 3 feet shall be added for each story above two. 19 OR 11 - 62 PAGE 25 OF 54 MICROFILMED 3-13-80 (c) A rear yard shall be provided of fifteen (15) feet, however, for structures in excess of two (2) stories two feet shall be added to the rear yard for each story added in court style multiple dwelling 25' is required between Buildings. SECTION 5. LOT COVERAGE Fifty (50) per cent of the lot area is the maximum which may be covered by the principal and accessory buildings or structures located thereon. SECTION 6. MINIMUM FLOOR AREA REQUIREMENTS. The minimum floor areas for one and two family dwellings shall be the same as for the R-2 District and for multiple family dwellings shall be at least Five hundred (500) square feet per dwelling unit. SECTION 7. USE, HEIGHT, AREA AND YARD EXCEPTIONS See Article XVII SECTION 8. OFF STREET PARKING REGULATIONS See Article XV ARTICLE VIII R-4 MULTIPLE FAMILY DISTRICT SECTION 1. USES PERMITTED Within any R-4 Multiple Family District, no buildings, structures, land or water shall be used except for one or more of the following uses: 1. Any use permitted in the R-2 One and Two Family Dwelling District. 2. Motels, Apartment houses, Hotels, or Bungalow Courts containing a minimum of eight (8) rental units having con- formed to the following minimum requirements as to their location, construction and use, to -wit: (a) The minimum lot areas per rental unit shall conform to the minimumilot area per family for the R-3 multiple family dwelling districts. (b) Each individual rental unit shall consist of a minimum of one sleeping room and one private connecting bath. 20 OR 11 - 62 PAGE 26 OF 54 M ICROFILMED 3-13-80 (c) Each building unit shall provide not less than the following floor areas for each of the following livings spaces, to -wit: LIVING SPACE MINIMUM AREA SQUARE FEET Single sleeping rooms 115 Bath rooms 40 Additional sleeping rooms of living units of two or more sleeping rooms 100 Living room 150 Living -dining combination 160 Living -dining -sleeping combination (separate kitchenette) 220 Living -dining combination (separate kitchenette) 210 Living -sleeping combination 190 Kitchen -dining combination 90 Kitchen in living unit of one bedroom 50 Kitchen in living unit of more than one bedroom 60 Kitchenette only with the living -dining sleeping, or living -dining combination above, (least dimension three feet) 15 Dining room 70 Dining alcove 45 3. Restaurants, lunch rooms, or fruit stands when oper- ated only in connection with and on the same lot as hotels, apart- ment houses, motels or bungalow Courts permitted hereunder and containing a minimum of eight (8) or more rental units, provided that such restaurants, lunch room or fruit stand, if erected separt- ely from the hotel, apartment house, motel, or bungalow court, shall conform to the,architectural and structural requirements, of the building to which it is accessory. 21 OR11-62 PAGE 27 OF 54 M ICROFILMED 3-13-80 SECTION 2. HEIGHT.REGULATIONS No building or structures shall exceed six and one-half (61/2) stories (75') in height except as provided in Article XVI I . SECTION 3. FRONT, REAR AND SIDE REGULATIONS Same as for C-1 Neighborhood Commercial District. SECTION 4. OFF STREET PARKING REGULATIONS. See Article XV SECTION 5. LOT COVERAGE Fifty (50) per cent of the lot area is the maximum which may be covered by any buildings or structures, located thereon. ARTICLE IX. C-1 NEIGHBORHOOD COMMERCIAL DISTRICT The lands in this District abut certain principal streets, the frontage of which are adaptable to selected commercial uses which serve primarily residential area adjacent and tributary thereto, and do not disturb the peace and tranquility of the neighboring area. SECTION 1. USES PERMITTED Within any C-1 Neighborhood District no buildings, struct- ure, land or water ahall be used except for one or more of the following uses: 1. Any use permitted in the R-3 and R-4 Multiple Family Dwelling Districts. 2, Apparel shops for men, women and children. 3. Automobile service stations but no major repairs, tire recapping or body work. 4. Bakery, the products of which are sold only at retail on the premises. 5. Banks and office buildings. 6. Beauty salons and barber shops. 7. Department stores; drug, variety and sundries stores. 8. Florist; interior decorating; gift shops; antiques; china; luggagei jewelry and watch repair. 22 OR 11- 62 PAGE 28 OF 54 MICROFILMED 3-13-80 9. Grocery stores; meat markets; retail gift fruit stands with packing house as accessory; super markets. 10. Hardware, paint, wall paper, appliance, radio and television, furniture stores. 11. Laundromats; laundry and dry cleaning pick up stations. 12. Motels. 13. Office supplies, books, news stands. 14. Photographic supplies and studios. 15. Public and private automobile parking lots. 16. Restaurants. 17. Shoe repairing, hat cleaning. 18. Any other retail store or service establishment that in the judgment of the Board of Adjustment are consistent with those included above, and further, that will be in harmony with the spirit of this Ordinance. SECTION 2. BUILDING HEIGHT REGULATIONS No building or structure shall exceed three and one-half (31/2) stories or forty five (45) feet in height except as provided in Article XVII hereof. SECTION 3. BUILDING SITE AREA REGULATIONS None SECTION 4. FRONT, REAR AND SIDE YARD REGULATIONS 1. FRONT YARD. Fifty (50) feet set back minimum 2. SIDE YARDS. None except that when the side of a lot in a Neighborhood Commercial District abuts upon the side of a lot in a Residential District, there shall be a side yard of not less than ten (10) feet. 3. REAR YARD. There shall be a rear yard of at least ten (10) feet. 4. MASONRY. WALL.. When a lot in a C-1 Neighborhood Commercial District abuts a lot, either to a side or to the rear, 23 OR 11 - 62 PAGE 29 OF 54 M ICROFILMED 3-13-80 in a Residential District, there shall be a masonry wall, a minimum of six (6) feet in height built and maintained by owner of said commercial property along by the Commercial line of abutment opposite the Commercial Building. SECTION 5. OFF STREET PARKING REGULATIONS See Article XV ARTICLE X. C-2. GENERAL COMMERCIAL DISTRICT The lands in this district are developed with various types of general commercial servicing enterprises. SECTION 1. USES PERMITTED Within any C-2 General Commercial District all buildings structures, land or water shall be used for one or more of the following uses: 1. Any use permitted in the C-1 Neighborhood Commercial District. 2. Automobile laundry or quick wash. 3. Automobile sales rooms and incidental servicing departments. 4. Bowling alleys, billiard and pool halls, when en- closed and air conditioned. 5. Business colleges, vocational, trade and private schoolsoperated as a commercial enterprise. 6. Drive-in restaurants and small food shops. 7. Liquor stores (retail) and cocktail lounges. 8. Mortuaries. 9. Plumbing sales rooms and services within the build- ing and yard storage as an accessory. 10. Printing, bookbinding, lithography and publish- ing establishments, blue printing, photostating. 11. Storage garage, public or private automobile park- ing. 12. Theatre, but no drive-in theatre. 24 OR 11-62 PAGE 30 OF 54 M ICROFILMED 3-13-80 13. Used car lot 14. Any other retail store or service establishment that in the judgment of the Board of Adjustment are consistent with those included above, and further that will be in harmony with the spirit of this Ordinance. 15. Dyeing, Dry Cleaning and Laundry. SECTION 2. BUILDING HEIGHT REGULATIONS No building or structure shall exceed six and one- half stories in height except as provided in Article XVII hereof, 75 feet. SECTION 3. BUILDING SITE AREA REGULATIONS. None SECTION 4. FRONT, REAR AND SIDE YARD REGULATIONS Same as for the C-1 Neighborhood Commercial District. SECTION 5. OFF STREET PARKING REGULATIONS See Article XV ARTICLE XI M-1 INDUSTRIAL DISTRICT (LIGHT) ARTICLE XII M-2 INDUSTRIAL DISTRICT The lands in this district are used by a variety of commercial, storage and industrial operations. The purpose of this district is to permit the normal operation of the majority of industrial uses under such conditions of operation as will pro- tect the abutting residential and commercial uses. SECTION 1. USES PERMITTED. Within any M-2 Industrial District no building, structure, land or water shall be used except for one or more of the following uses: products. 1. Any use permitted in the C-2 Commercial District. 2. Concrete pipe and block manufacture and storage. 3. Cement mixing plants. 4. Manufacture of pottery or other similar ceramic 5. Manufacturing, processing, fabrication, repair and 25 OR 11 - 62 PAGE 31 OF 54 MICROFILMED 3-13-80 servicing of any commodity or product that does not create pos- sible dangerous or objectionable conditions, in the judgement of the Board of Adjustment. 6. Public Utility plants. 7. Sheet metal working shop. 8. Steel storage and fabrication. SECTION 2. BUILDING SITE AREA REGULATIONS None. SECTION 3. FRONT, REAR AND SIDE YARD REGULATIONS None. ARTICLE XIII. B-1 OCEAN BEACH DISTRICT. SECTION 1. USES PERMITTED. For purposes of interpretation of this Ordinance, the primary use of the B-1 Ocean Beach District shall be deemed to be for public recreation purposes, but shall exclude all buildings or structures other than those designed for and operated or used by the City of Cape Canaveral in the interest of the public health, safety or welfare, and the land shall be used in such a manner as to preserve and protect the character of public beach use. For land only, the permitted uses for the B-1 Ocean Beach District are: 1. Raft, float, cabana and similar beach equipment rental operated under a franchise, license or permit issued by the City. For land and/or buildings, the permitted uses for the B-1 Ocean Beach District are: 1. Municipally -owned or operated buildings or structures. SECTION 2. CONDITIONAL USES. When, after review of an application and plans ap- purtenenat thereto and public hearing thereon, the Planning and Zoning Board finds as a fact that the proposed use or uses are consistent with the Zoning Plan and the public interest,' the Board may recommend to the City Commission an approval thereof. 26 OR 11- 62 PAGE 32 OF 54 MICROFILMED 3-13-80 ARTICLE XIVI GENERAL PROVISIONS AND EXCEPTIONS. The foregoing regulations shall be subject to the following provisions and exceptions: SECTION 1. OCEAN BLUFF LINE SETBACK No private buildings or structures, including swim- ming pools, artificial screening and fences, over four (4) feet in height, but excepting bulkheads installed for protection from erosion and ocean action, shall be constructed, installed or located less than thirty (30) feet from the eastermost top edge of the natural ocean bluff hereby designated as the Ocean Bluff Line. The Building Inspector shall determine and designate the Ocean Bluff Line prior to construction on lots or parcells abutting the Ocean Beach. SECTION 2. BULKHEADS. A bulkhead may be installed to proctect land from water action and erosion, but shall be installed to city requirements and a city permit shall be required and approved by the Building In- spector prior to construction. Thd Ocean Bluff Line shall be considered as the bulkhead line for the ocean beach. SECTION 3. SWIMMING POOLS. Swimming pools shall not be considered as an accessory use but shall conform to the requirements of an accessory building, if not otherwise excepted.. All such pools shall be installed to city requirements and a city permit shall be required and approved by the Building Inspector prior to construction or installation. 1. Setbacks. Swimming pool setbacks shall conform to the zoning requirements if roofed or enclosed. If not so roofed or enclosed by screening or other material, the outside wall of the pool shall not be closer than five feet from any easement, rear or side lot line. 2. All swimming pools shall be enclosed by a fence, wall, or equivalent barrier, of at least four (4) feet in height above ground level. 27 OR 11 - 62 PAGE 33 OF 54 MICROFILMED 3-13-80 SECTION 4. FENCES, HEDGES, AND SCREENING. 1. No fence, wall, hedge, planting, screening or structure over four (4) feet high shall be maintained within twenty (20) feet of any corner intersection of street right-of-way lines, unless it is the opinion of the Building Inspector that such fence, wall hedge, planting, screening or structure is not an inpediment to normal traffic. 2. No fence or wall shall be erected over six (6) feet in height nor over four (4) feet high in any front yard. 3. No fences, wall, or structure shall be erected or installed on or across a public utility easement, except that a temporary fence may be erected or installed provided that it be erected or installed in sections that will allow for removal without damage to the fence. 4. All fences, walls screening or structures shall be installed to city requirements and a city permit shall be required and approved by the Building Inspector prior to construction, erection or installation. ARTICLE XV. OFF STREET PARKING AND LODGING REGULATIONS SECTION 1. DEFINITION For the purposes of this Ordinance, the term "off street parking space" shall consist of a minimum net area of two hundred (200) square feet of appropriate dimensions for parking an automobile, exclusive of access drives or aisles thereto. SECTION 2. OFF STREET PARKING REGULATIONS There shall be provided at the time of the erection of any main building or structure or at the time any main building or structure is enlarged or increased in capacity by adding dwell- ing units, guest rooms, floor area or seats, minimum off street automobile parking space with adequate provisions for ingress or egress in accordance with'the following requirements: (a) Auditorium, theatres or other places of assembly - one space for each three persons or seats. 28 OR 11-62 PAGE 34 OF 54 MICROFILMED 3-13-80 (b) Business or commercial buildings - one space for each two hundred square feet of gross floor area or fraction thereof. (c) Churches, temples or places of worship - one space for each six persons or seats. (d) Clubs or lodges - one space for each six seats or persons accommodated in the assembly hall or auditorium. (e) Dwelling structures 200 square feet parking space per unit. (f) Hospitals, sanitariums - one space for each four patient beds, exclusive of spaces required for doctors, attend- ants, nurses, and ambulances. (g) Hotels - one space for each bedroom (h) Libraries, museums - a parking area equal to fifty percent of the floor area open to the public. (i) Manufacturing and industrial uses - one space for each three employees on the largest working shift. (j) Medical or dental clinics - five spaces for each doctor or dentist. (k) Mortuaries - one space for every eight seats of chapel capacity; plus one additional space for each three em- ployees. (l) Motels - one space for each sleeping unit plus one space for the owner or manager. (m) Nursing or convalescent'homes - one space for each four beds. (n) Office and professional buildings - one space for each three hundred square feet of gross floor area. (o) Restaurants or other eating places - one space for each three seats. (p) Rooming; boarding houses - one space for each bed. (q) Schools and public buildings - one space for every eight seats in the main auditorium. 29 OR 11 - 62 PAGE 35 OF 54 MICROFILMED 3-13-80 SECTION 3. LOCATION (a) Parking spaces for all dwellings shall be located on the same property with the main building to be served where feasible. (b) Parking spaces for other uses shall be provided on the same lot or not more than three hundred feet distant. (c) Parking requirements for two or more uses, of the same or different types, may be satisfied by the allocation of the required number of spaces of each use in a common parking facility, provided that the'total number of spaces isnot less than the sum of the individualrequirements and that the requirements of loca- tion are complied with. SECTION 4. OFF STREET LOADING REGULATIONS The following spaces shall be provided for the uses indicated. (a) Every hospital, institution, hotel, single occup- ancy commercial or industrial building or similar use having a floor area in excess of ten thousand (10,000) square feet re- quiring the receipt or distribution by vehicles of materials and merchandise shall have at least one permanently'maintained off street loading space for the first ten thousand (10,000) square feet and one additonal space for each twenty thousand (20,000) square feet of gross floor area of' -fraction thereof, over and above the first ten thousand (10,000) square feet. (b) Single occupancy retail operations, wholesale and industrial operations with a gross floor area of less than ten thousand (10,000) square feet shall provide sufficient receiving space on the property so as not to hinder the free movement of vehicles and pedestrians over a side walk, street or alley. (c) Each space shall have direct access to an alley or street and shall have the following minimum dinensions: Length, forty-five feet; width, twelve feet; height, fourteen feet. 30 OR 11 - 62 PAGE 36 OF 54 MICROFILMED 3-13-80 SECTION 5. PERMANENT RESERVATIONS Area reserved for off street parking or loading in accordance with the requirements of this section shall not be reduced in area or changed to any other use unless the permitted use which it serves is discontinued or modified except where equivalent parking or loading space is provided to the satisfaction of the Board of Adjustment. ARTICLE XVI. NON -CONFORMING USES The lawful use of any building, structure or land existing at the time of the adoption of this Ordinance may be continued although such use does not conform to the provisions thereof, provided however, the following conditions are met. 1. UNSAFE BUILDING OR STRUCTURES. Any structure or building or portion thereof declared unsafe may be restored to a safe condition. 2. CONSTRUCTION APPROVED PRIOR TO ORDINANCE. Nothing herein shall require any change in plans, construction or designat- ed use of a building or structure for which a building permit has been issued and the construction of which shall have been dili- gently carried on within six months of the date of such permit. 3. ALTERATION. A non -conforming building may be main- tained and repairs and alterations may be made, except that in a building which is non -conforming as to use regulations, no struct- ural alterations shall be made except those required by law in- cluding eminent domain proceedings. Repairs such as plumbing or changing of partitions or other interior alterations are permitted. 4. EXTENSION. Building or structures or uses of land which are non -conforming shall not be extended or enlarged. 5. NON -CONFORMING USE OF LAND. When a non -conforming, use of land has, been discontinued its future use shall revert to the uses permitted in'the district in which said land is located. 6. CHANGE TO ANOTHER USE. A non -conforming use now 31 OR 11 - 62 PAGE 37 OF 54 MICROFILMED 3-13-80 existing may be changed to another non -conforming use of equal or improved character when approved by the Board of Adjustment. 7. ABANDONMENT. A non -conforming use of land or of a building which has been vacated or abandoned shall not thereafter be occupied by any non -conforming use. ARTICLE XVII. : GENERAL PROVISIONS AND EXCEPTIONS The foregoing regulations shall be subject to the follow- ing general provisions and exceptions. SECTION 1. FRONT YARD EXCEPTIONS IN DWELLING DISTRICTS Where lots comprising forty per cent or more of the frontage on one side of a block are developed with, buildings at the time of the adoption of this Ordinance the average alignment of the existing building along such frontage shall be the front yard line of said side block and no building hereafter erected or structurally altered shall project beyond it, provided however, that no front yards shall be less than twenty feet in depth. SECTION 2. EFFECT OF ESTABLISHED SET BACK LINES FOR STREET WIDENING. Where set back lines have been established on streets, roads or highways the front yard and side yard of corner lots shall be measured from said set back lines. SECTION 3. AUTOMOBILE SERVICE STATION REQUIREMENTS (a) All gasoline pumps and gasoline storage tanks shall be set back at least fifteen (15) feet from the right-of-way line, or to an established setback line and all gasoline storage tanks shall be installed underground. (b) The number of curb breaks or driveways for one establishment shall not exceed two (2) for each one hundred (100) feet of street frontage, each having a width of not more than thirty (30) feet and located not closer than fifteen (15) feet from a street intersection. Curb breaks and driveways shall be made or constructed to city specifications and a city permit shall 32 OR 11 - 62 PAGE 38 OF 54 MICROFILMED 3-13-80 be required and approved by the Building Inspector prior to breaking of any curb or installation of a driveway on or across any right-of-way having a curb and/or sidewalk. (c) No gasoline and oil filling stations and no service station (which shall mean the main building) shall be erected or located in a C-1 Neighborhood Commercial District, within one hundred and fifty (150) feet of the property of any existing church, hospital, or public or parochial school or play- grounds; provided, however, that nothing herin shall prohibit: 1. The operation of existing gasoline and oil filling stations or service stations. 2. The improvements, alteration or reconstruction of any existing gasoline; and oil filling stations or service stations. SECTION 4. LOCATION OF ACCESSORY BUILDINGS AND USES IN RESIDENTIAL AREAS (a) Accessory buildings must be constructed simult- aneously with, or following the construction of the main building. (b) When an accessory building is attached to a prin- cipal structure by a breezeway, roofed passage or otherwise, it shall comply with the dimensional requirements of the principal building. (c) A detached accessory building, also a garage apart- ment, shall not be closer than ten (10) feet to the principal building, nor closer than five feet to a lot line, nor closer than six feet to any other accessory building on the same lot. (d) No detached accessory building shall be located on the front half of a lot. (e) An accessory building shall not exceed twelve feet in height nor may occupy not more than thirty-five per cent of a required rear yard. This provision shall not apply to Swimming Pools. SECTION 5. SWIMMING POOL REGULATIONS (1) No swimming pool shall be so located, designed, 33 OR 11- 62 PAGE 39 OF 54 MICROFILMED 3-13-80 operated or maintained as to interfere unduly with the enjoy- ment of their property rights by owners of property adjoining swimming pool. (2). SWIMMING POOLS. Shall be considered as acces- sory buildings and conform to the requirements of an accessory building. (3) SETBACKS. Same as required for accessory buildings. If the swimming pool is not part of the main re- sidence, it shall be located not less than ten (10) feet from the main structure. (4) Lights used to illuminate any swimming pool shall be arranged or shaded as to reflect light away from adjoining premises. (5) All setbacks to be measured from the part of the pool nearest the property line in question. Such as concrete walkway, terrace or diving board area as shown on plans being part of the swimming pool. (6) All swimming pools shall be enclosed by a fence, wall or equivalent barrier. (7) Pools, screening or enclosures shall conform to the required setbacks of accessory buildings. SECTION 6. YARDS (a) Every part of a required yard shall be open from its lowest point to the sky, unobstructed, except for the ordinary projection of sills, belt courses, cornices, buttresses, ornament- al features, chimneys, flues, and eaves; however, no such pro- jection shall exceed thirty inches in width. (b) On double frontage through lots, the required front yard shall be provided on each street. (c) Whenever a lot abuts upon an alley, none of the al- ley, none of the alley width may be considered as a portion of the required rear yard. (d) An open, paved terrace may project into a required front yard for a distance of not exceeding ten (10) feet. 34 OR 11- 62 PAGE 40 OF 54 MICROFILMED 3-13-80 (e) The narrow width of a corner lot shall determine its front for purposes of meeting the requirements of front and side yards. 'In cases of reversed frontages, the determination of front and side yard depths shall be made by the Board of Adjustment. SECTION 7. HEIGHT Chimneys, water, fire, radio and television towers; church spires; domes; cupolas, stage towers and scenery lofts, cooling towers, elevators and stair bulkheads, smoke stacks,. flag poles, parapet walls, and similar structures and their necessary mechanical appurtenances may be arected above the height limits herein established. SECTION 8. PUBLIC UTILITIES Structures or uses required for such public utilities as gas, water, electric, sewerage and telephone can be located within any district upon recommendation of the Planning Board and approval of the City Council. SECTION 9. SANITARY REQUIREMENTS All buildings must comply with the regulations of the State Board of Health as to all sanitary facilities or usage of said buildings. SECTION 10. HOTEL AND RESTAURANT REQUIREMENTS In addition to the ordinance of the City of Cape Can- averal, all buildings must also comply with the Florida Hotel and Restaurant Commission regulations provided the use of said buildings or building come under the inspection of the Florida Hotel & Restaurant Commission. SECTION 11. RUBBISH ON SITE On all building lots there shall be no trash or debris buried as a result of cleaning the lots for building or other- wise; all trash must be burned or transported from the premises in accordance with the Fire and Garbage Ordinance of said City, if any, or in accordance with sound fire prevention and sanitary practices. 35 OR 11 - 62 PAGE 41 OF 54 M ICROFILMED 3-13-80 SECTION 12. ADVERTISING BILLBOARDS Ng advertising billboards will be permitted in the City. Lighted signs will be authorized only to the extent ap- proved by the Board. Under this Ordinance a billboard is de- signated as any sign advei-tising or conveying information of services that are not available within the limits of the City of Cape Canaveral. This Ordinance prohibits the use of signs advertising a general product for which only an outlet is pro- vided except on the property on which the outlet is located. SECTION 13. LIQUOR REQUESTS Application for zoning permission for bars or cock- tail lounges or Package Stores be considered each on its own merits, by the Council. SECTION 14. STREET CONSTRUCTION No public roads, or streets shall be constructed in Cape Canaveral by any persons other than the City, County or State without approval of their site and specifications by the City Council. SECTION 15. BUILDING MOVING No building shall be moved into the City of Cape Canaveral piecemeal or in its entirety, without permission of the Board. No pre -fabricated building shall be erected in the City of Cape Canaveral except by permission of Zoning Board. SECTION 16. SET BACK REQUIREMENTS - SPECIAL (1) State Highway 401: a. Set back on east side from southern city boundary North to Range Line 23 will be fifty (50) feet from highway right-of-way and set back on East side from Range Line 23 to northern City Boundary shall be a minimum 75 feet from highway right-of-way; b. Set back on West side of Highway 401 from Southern City Boundary, to Northern City Boundary shall be a 36 OR 11 - 62 PAGE 42 OF 54 MICROFILMED 3-13-80 minimum of 75 feet from highway right-of-way. (2) North Atlantic Avenue (also known as S 401) set- back, each side, shall be a minimum of 75 feet from road right of way, from the Southern to Northern Boundary. (3) Ridgewood Avenue - Set back, each side shall be a minimum of 50 feet from road right of way, from the Southern to Northern Boundary. SECTION 17. MOSQUITOE CONTROL 1. It shall be unlawful for any person, persons or corporation to have, keep, maintain, cause or permit, within the limits of the City of Cape Canaveral, any collection of standing or flowing water in which mosquitoes breed or are likely to breed unless such collection of water is treated so as effectually to prevent such breeding. 2. Collections of water in which mosquitoes breed or are likely to breed are those contained in ditches, ponds, pools, excavations, holes, depressions, open cesspools, fountains, cisterns, tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles, tubs, buckets, defective house roof gutters, tanks of flush closets or other water containers. 3. The natural presence of mosquito larvae in standing or running water shall be evidence that mosquitoes are breeding there. 4. Collections of water in which mosquitoes breed or are likely to breed shall be treated by such one or more of the follow- ing methods as shall be approved by the Director of Mosquito Control of Brevard County. (a) Screening with wire netting of at least 16 meshes to the inch each way, or any other materials which will effectual- ly prevent the ingress onegress of mosquitoes. (b) Complete emptying every seven days of unscreen- ed containers, together with their thorough drying or cleaning. 37 OR 11-62 PAGE 43 OF 54 MICROFILMED 3-13-80 (c) Using a larvicide approved and applied under the direction of the Mosquito Control Director of Brevard County, or the City Health Officer. (d) Covering completely the surface of the water with kerosene, petroleum or paraffin oil once every seven days. (e) Cleaning and keeping sufficiently free of vegetable growth and other obstructions, and stocking with mos- quito destroying fish. (f) Filling or draining to the satisfaction of the Director of Mosquito Control of the County. (g) Proper disposal by removal or destruction, broken or empty containers likely to hold water. 5. In case the' person, persons or corporation re- sponsible for the condition of premises on which mosquitoes breed or are likely to breed, fails or refuses to take necessary measures. to prevent their breeding within three days after notice in writ- ing has been given him by the Inspector, or within such longer time specified in the notice, the said. person responsible shall be deemed guilty'of a violation of this ordinance; and for each day, after the expiration of three days from the day on which such notice is given him, or for each day after the expiration of the time spec- ified in the notice, as the case may be, that the person responsible fails or refuses to take such measures, the said person or corp- oration responsible shall be deemed guilty of a separate violation of this ordinance, and in such case of such failure or refusal of the person or corporation responsible to the City Police, Depart- ment and the City attorney are authorized to take necessary measures to prevent the breeding of mosquitoes, and all necessary costs in- curred shall be charge against the person or corporation responsible. SECTION 18. WRECKED AUTOMOBILES 1. It shall be unlawful for any person, (s) or corpora- tion to keep, retain, store, .or place at any one time, any more than one motor vehicle which has been wrecked or discarded from use, for 38 OR 11 - 62 PAGE 44 OF 54 MIICROFILMED 3-13-80 any purpose, upon any land, lot or premise, unless in a cover- ed building, or to repair, rebuild, dismantle or tear down any motor vehicle which has been wrecked or discarded from use, up- on any land, lot or premise within the City of Cape Canaveral, Florida, unless in a covered building. 2. It shall be unlawful to operate and maintain with- in the City limits of Cape Canaveral a Junkyard or Automobile graveyard. SECTION 19. NEW TRAILER PARKS AND/OR SUBDIVISIONS: 1. It shall be unlawful for any person, persons or corporation to establish a New Trailer Park and/or Trailer Sub - Division within the municipal limits of the City of Cape Cana- veral without special permission of the City Council. SECTION 20. STORM DRAINAGE: All storm drainage shall utilize concrete and/or cast iron pipe and shall empty into the Banana River. All necessary man -holes, headwalls, erosion controls structures, rip -rap aprons and pumping stations shall be designed by a registered engineer licensed to practice in the State of Florida and shall be dedi- cated to the perpetual use of the general public. SECTION 21 CUT OR BREAKING CURBS, SIDEWALKS AND STREETS. 1. That it shall be unlawful for any person, firm or corpoation to cut or break any curb, sidewalk or street, without first obtaining a permit from the Building Inspector of the City of Cape Canaveral. 2. That it shall be unlawful for any person, firm or corporation to install on or under any curb, sidewalk or street, any pipe, sewer, conduit, cable, wire, hose, line, or any other item, without first obtaining a permit from the Building Inspector of the City of Cape Canaveral. 3. Any person, firm or corporation desiring a permit to cut or break any curb, sidewalk or street, or to lay on or under any curb, sidewalkior street, any sewer pipe, conduit, cable, wire, 39 OR 11 - 62 PAGE 45 OF 54 MICROFILMED 3-13-80 hose, line or any other item, shall make written application therefor to the City Building Inspector, stating the street curb or sidewalk involved, the work to be done, and the time and place that said person, firm or corporation desires to do the work de- scribed in said application. The Building Inspector after being satisfied that the work desired in said application and the method of performing said work will not be unduly injurious to the curb, sidewalk or street, 'shall thereupon issue a permit to the appli- cant and all work performed shall be in accordance with the application and permit and all work done shall be under the in- spection and supervision of the Building Inspector and the Build- ing Inspector shall have full authority to see that said work is performed in a manner least injurious to the curb, sidewalk or street and in a manner satisfactory to him. The said Inspector shall have authority to have the work stopped at any time, re- gardless of the fact that permit has been issued, if in his opinion the manner in which said work is being performed shall result in unforeseen injury to the curb, sidewalk or street. SECTION 22. DRIVING ON SIDEWALKS. 1. That it shall be unlawful for any person to drive any automobile, motor truck, or other motor vehicle on upon or across any sidewalk within the City of Cape Canaveral except at permanently established driveways, without first taking all pre- caution necessary to prevent injury and breaking of said sidewalk by the placing of boards or other protective covering of suffici- ent strength to prevent injury or breakage, over the sidewalks be- fore driving on, upon, or across the same. 2. Any person, firm, or corporation damaging and in- juring a sidewalk Iby driving on, upon, or across the same with an automobile, motor truck, or other motor vehicle, shall repair or cause the same to be repaired within 5 days from the injury or breakage; and should the person responsible for the breakage and the resulting damage fail to repair the same within 5 days, then OR 11 - 62 PAGE 46 OF 54 MICROFILMED 3-13-80 and in that event the City of Cape Canaveral shall! have the power and authority to repair said breakage and recover the cost thereof from the person, firm or corporation responsible for the breakage. SECTION 23. RIGHT OF WAY MINIMUM WIDTHS. 1. All alleys shall be twenty (20) feet. 2. All subdivision roads or streets shall be fifty (50) feet. 3. All section lines shall be one hundred (100) feet. 4. All boulvedards shall be eighty (80) feet. SECTION 24. STREETS All streets in Districts designated C-1, C-2 and M-1 shall be eighty (80) feet. SECTION 25. LINTELS. 1. In Construction of Residential or Commercial Build- ings, all Lintels must be formed and poured (utilizing necessary steel reinforcement rod) except top lintel which can be formed with lintel blocks. SECTION 26. CANAL WIDTH. All canals constructed in City of Cape Canaveral shall be a minimum of one hundred (100) feet wide. SECTION 27. RECLAIMED LANDS. All lands reclaimed and/or built up by dredging and/or other means from the Banana River shall have a minimum grade of six (6) feet above mean high water. Road grade shall be five (5) feet above mean high water. SECTION 28. ROOFING REQUIREMENTS. No sheet metal or rolled roofing shall be permitted when the roofing is visable from the street. Built up roofs, if visable from the street, must contain marble or gravel chips, tile or comparable materials. Repairs to roofs on construction of any kind erected prior to the date of this Ordinance may be made of the material on the roof of the original building. 41 OR 11 - 62 PAGE 47 OF 54 MICROFILMED 3-13-80 SECTION 29. SEWERAGE DISPOSAL (TREATMENT) FACILITIES. A sewerage disposal (treatment) facilities (temporary or permanate type) shall not be located within 600 feet of a resident and/or trailer park. SECTION 30. WATER MAINS AND LATERALS. All Water Mains and Laterals shall be a minimum of six (6) inches in diameter. ARTICLE XVIII APPLICATION FOR A BUILDING PERMIT - FILING PLOT PLAN Unless otherwise ordered by the Building Official, all applications for Building Permits, including all permits, required under the terms of this Ordinance shall be made in conformity with the provisions of the Building Ordinance of Code of the City and such other applicable regulations. All applications for Building Permits shall be accompanied by plans in duplicate, drawn up scale, showing the legal description, actual dimensions of the Lot to be built upon, the size, shape and location of the building, including accessory buildings, or structures, to be erected or installed and such other information as may be necessary to determine and provide for the enforcement of this Ordinance. One copy of such plans shall be returned to the owner when approved by the Building Official. It shall be unlawful for any person to continue con- struction of any building or structure beyond the foundation until a Plot Plan showing the foundation of the building or structure has been prepared in duplicate by a licensed surveyor and approved by the Building Official. One copy of the Plot Plan shall be re- turned to the owner and one copy shall be filed with the City. A record of all applications and plots shall be kept in the office of the Building Official. When application is made to enlarge an existing non- conforming use, the application shall be accompanied by an Affida- vit giving the description of the premises owned at the date of 42 OR 11 - 62 PAGE 48 OF 54 MICROFILMED 3-13-80 the passage of this Ordinance. The Affidavit shall be filed with the building plans. Nothing herein contained shall require any change in the plans, construction, or designated use of a building for which a building permit has been heretofore issued, or for which plans are on file with the Building Official at the time of the pass- age of this ordinance, and for the erection of which a permit is issued within ten (10) days from the date of passage of this ordinance. It shall be unlawful for any owner, lessee, tenant or occupant to use or permit the use of any building or premises or any part thereto, heretofore or hereafter constructed, created, erected, enlarged, altered, rebuilt or restored except in con- fromity with the provisions of this ordinance. No permit applications to build any place of Public As- sembly shall be accepted for consideration by the Building Offici- al or any duly Constituted Board unless their permit application has been signed by an Archittebt or other person, who has been duly recognized as an Architect, according to the Laws of the State of Florida. ARTICLE XIX BOARD OF ADJUSTMENT. A Board of Adjustment is hereby established which shall consist of five (5) members. The organization and procedures under which the Board operates, its arrangement of meeting, adoption of rules and its method of handling appeals, variances or any other related matters shall be in conformity with the provisions of Chapter 176, Florida Statutes of 1961, and any amendments thereto. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this ordinance, appeals, to the Board may be taken by any person ag- grieved or by any department of the governing body of the City of Cape Canaveral affected by -any decision of the administrative official. 43 OR 11- 62 PAGE 49 OF 54 M ICROFILMED 3-13-80 The Board shall have the following duties and powers. 1.To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this ordinance. 2. To authorize upon appeal in specific cases such variances from the terms of this ordinance as will not be con- trary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done. 3. In exercising the above mentioned powers, the Board by the concurring vote of four members may reverse or affirm, wholly or partly, or modify the order, requirements, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the official from whom the appeal is taken . 4. In considering all proposed variations to this or- dinance the Board shall, before making any finding in a specific case, first determine that the proposed variation will not con- stitute any change in the Districts and will not impair an adequate supply of light and air to adjacent property, or materially in- crease the congestion in public streets, or increase the public danger of fire and safety, or materially diminish or impair estab- lished property values within the surrounding area, or in any other respect impair the public health, safety, morals, and general wel- faire of the City. 5. Any person or persons jointly or severally, ag- grieved by any decision of the Board, or any taxpayer, or any officer, department of the City Council may present to a court of record a petition, duly verified, setting forth that such deci- sion is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 44 OR 11 - 62 PAGE 50 OF 54 MICROFILMED 3-13-80 thirty (30) days alter the filing of the decision in the office of the Board, otherise the decision of the Board will be final. The Board of Adjustment shall fix a reasonable time for the hear- ing of appeals or other matters referred to it and give notice to the parties and decide the same within a reasonable time. At the hearing any party may appear in person or be represented by agent or attorney. 6. A fee of twenty-five (25) dollars shall be paid to the Building Inspector at the time of notice of appeal is filed, which fee shall be used to defray the cost of advertising the hear- ing. ARTICLE XX INTERPRETATION, PURPOSE AND CONFLICT. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of the public health, safety, morals and general welfare of the community. It is not intended by this ordinance to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of build- ings or premises or upon the height of building, or requires larger open spaces than are imposed or'required by other ordinances, rules, regulations or by easements, covenants, or agreements, the pro- visions of this ordinance shall control; and provided further that this ordinance shall not be construed as superseding any Special Act of the Legislature relative to thesubject matter of this ordinance. ARTICLE XXI CHANGES AND AMENDMENTS The City Council may from time to time amend, supple- ment, change or repeal the'regulations, restrictions or districts as set out in this ordinance in the manner prescribed by law. The procedure for applications for any future change in the Zoning Ordinance by the City Council, for the holding of a public hearing thereon, for the publishing of a legal notice of 45 OR 11 - 62 PAGE 51 OF 54 MICROFILMED 3-13-80 said hearing and all other matters pertaining to such requested change shall be: A petition for such change shall be -submitted in dup- licate, giving the lot, block and addition of the lands desired to be rezoned, the names and'addresses of all of the owners of said land; the new zone classification desired and the reasons for such zone change. This petition shall be signed and acknow- ledged by each and every owner of said lands within a radus of 400 feet. A fee of Twenty-five ($25.00) dollars shall be paid to the City by the petitioners at'the time said petition is made. Promptly upon receipt of said petition, the Council will refer it to the Board of Adjustment for its study and re- commendations, which shall be submitted to the Council by said Board within fifteen (15) days of its receipt by said Board. Meanwhile the Council shall set a date for a public hearing on said petition and publish a legal notice of said hearing, giving the time and place of it, at least fifteen (15) days prior to the date of said public hearing. This legal no- tice shall be published in a newspaper of general circulation in the City of Cape Canaveral. Following said public hearing the Council, by written notice may amend, modify, or change the existing zone require- ments for the lands of said petitioners or it may deny said peti- tion and/or by posting at 3 public Places. ARTICLE XXII GRANTING CONDITIONAL USES The procedure for application for additional uses shall be: A petition for such conditional use shall be submitted, in duplicate, giving the lot, block, and addition, of the lands desired for such conditional use; the names and addresses of all of the owners of said land; the conditional use desired and the rea- son for requesting the conditional use. The petition shall be signed and acknowledged by each and every owner of said lands within 400' radius. 46 OR 11 - 62 PAGE 52 OF 54 MICROFILMED 3-13-80 Promptly upon the receipt of said Petition, the Council will refer it to the Board of Adjustment for its study and re- commendation, which shall be submitted to the Council by said Board within Fifteen (15) days of its receipt by said Board. There- after, the City Council shall as soon as practicable, either deny or accept said application by Resolution. ARTICLE XXIII PENALTY It shall be unlawful for any person to violate any of the provisions of this ordinance. Any person who violates any of the provisions of this ordinance shall upon conviction thereof in the municipal court of the City be punished by fine not to ex- ceed three hundred dollars, or imprisonment for not morethan sixty days, or both, in the discretion of the municipal judge.. Said judge may allow the violator a reasonable length of time to rect- ify or correct the violation and each day that the violation re- mains unrectified or uncorrected after the expiration of said allowed time, shall constitute an additional separate offense. ARTICLE XXIV ENFORCEMENT The Building Inspector is hereby designated and author- ized to enforce this Ordinance, except as otherwise herein specif- ically provided. ARTICLE XXV VALIDITY Should any section, clause or provision of this Ordin- ance be declared by the Court to be invalid, the same shall not affect the validity of the Ordinance as a whole or any part there- of, other than the part so declared to be invalid. ARTICLE XXVI REPEALING All Ordinances or parts of Ordinance, in conflict here- with are hereby repealed. ARTICLE XXVII EFFECTIVE DATE This Ordinance shall become effective immediately upon its adoption and approval by the Mayor. 47 OR 11 - 62 PAGE 53 OF 54 MICROFILMED 3-13-80 ARTICLE XXVIII PUBLICATION The method of publication of the Ordinance shall be by posting a copy of the same on the Bulletin Board of the City Hall of the City of Cape Canaveral, after its adoption. ADOPTED at a regular meeting of the City Council held on the 17th day of October , 1962. (Signature) President of the Council George G Rogers Mayor ATTEST: (Signature) City Clerk 48 OR 11-62 PAGE 54 OF 54 MICROFILMED 3-13-80 AMENDED ORD. #64-25 ORDINANCE NO. 64-1 AN ORDINANCE OF'THE CITY OF CAPE CANAVERAL, FLORIDA SETTING FORTH AND PRESCRIBING THE BOUNDARIES OF THE VARIOUS DISTRICTS CREATED FOR ZONING PURPOSES; AMENDING ORDINANCE NO. 11-62 AS AMENDED; PROVIDING AN' EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AS FOLLOWS: Section 1. Ordinance No. 11-62, known as the Zoning Ordinance of the City of Cape Canaveral, Florida is hereby amended by the addition of a new Article to be'numbered III(A) to read as follows: Article III (A). Boundaries Thereof. A. The boundaries of the various districts are shown upon a map entitled "Zoning Map of the City of Cape Canaveral, Florida", which map is a part of this ordinance and shall be referenced as "Exhibit A. hereof and has the same force and effect as if the map and the references and symbols thereon were all fully set forth or described herein. On said map shallappear the signature of the Mayor, attested by the City Clerk and bearing the seal of the City under the following words:. "This is to certify that this is the Zoning Map referred to in Article III(A) of Ordinance No. 11-62 of the City of Cape Canaveral, Florida, adopted the 17th day of October 1962." The date the ordinance was adopted shall be inserted thereon and the map shall be on file in the office of the City Clerk. B. In the creation by this ordinance of the respective districts, the City Council has given due and careful consideration to the peculiar suitability of each and every such district for the particular regulations applied thereto and the necessary, proper and comprehensive groupings and arrangments of the various uses and densities of popula- tion in accordance with a well -considered plan for the development of the city. MICROFILMED 3-13-80 - 2 - The boundaries of such districts as are shown upon the map adopted by this ordinance or amendments thereto, are hereby adopted and approved and the ,regula- tions of this ordinance covering the use of land and buildings, building site areas, the size of yards about buildings and other matters as hereinafter set forth, are hereby established and declared to be in effect upon all land, including submerged land, included within the boundaries of each and every district shown upon said map. C. Where uncertainty exists as to boundaries of any district shown on the Zoning Map, the following rules shall apply: 1. Where such district boundaries are indicated as approximately following street, alley or lot lines, such lines shall be construed to be such boundaries. 2. In unsubdivided property, where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the original Zoning Map. 3. Boundaries indicated as following shore lines shall be construed to'follow such shore line, and in the event of change in the shore line, shall be construed as moving with the actual shore line. 4. All areas within the corporate limits of the City of Cape Canaveral, Florida, which are underwater (excluding the waters of the Atlantic Ocean) and not shown as included within any district, shall be subject to all the regulations of the district which immediately adjoin the water area. If thewater area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district. MICR0FILMED 3-13-80 -3- 5. Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to such parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vaca- tion or abandonment when stated in the published public notice of said vacation or abandonment. Section 2. All ordinances in conflict herewith are hereby repealed. Section 3. This Ordinance shall become effective immediately upon its adoption and approval by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, on the 3 day of March , 1964. (Signature) Mayor ATTEST : (Signature) City Clerk First Reading: 21 January 1964 Second and Final Reading: March 3-1964 Posted the 22nd day of January 1964. APPROVED AS TO FORM: (Signature) City Attorney • MICROFILMED 3-13-80 ORDINANCE NO. 64-8 AlT ORDINAINICE OF THE CITY 011 CAPE CANAVERAL, FLORIDA, AMENDING ORDINANCE NO. 11-62 AS AMENDED, BY PROVIDING A NEW SUB SECTION TO BE ENTITLED SECTION 1(a) , ARTICLE VII WHICH PERMITS PRIVATELY OPERATED NURSERY SCHOOLS AND KINDERGARTENS AS CONDITION USES WITHIN R-3 ZONING CLASSIFICATION AS AMENDED ( PROVIDINIG AN EFFECTIVE DATE.. BE IT ORDAINED BY TIiE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AS FOLLOWS: Section 1. Ordinance No.11-62, known as the Zoning Ordinance of the City of Cape Canaveral, Florida, as amended, is hereby amended by the addition of a new sub -section to be numbered Section 1 (a) to read as follows: ARTICLE VII R-3 MULTIPLE FAMILY DWELLING DISTRICT Section 1 (a). CONDITIONAL USES 1. When, after reviewing of an application and plans appurtenant thereto and hearing thereon, the Board of Adjustment finds as a fact that the proposed use or uses are consistent with the General zoning plan and with the public interest, the follow- iceL; may be recommended to the City Council as permitted uses: (a) 1 Nursery Schools and Kindergartens operated as a commercial enterprise. Section 2. All Ordinances in conflict herewith are hereby repealed. Section 3. This Ordinance shall become effective immediately upon its adoption and approval by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral Florida, on the 14th day of April, 1964. (Signature) Mayor ATTEST: (Signature) First Reading : April 7, 1964 Second and Final Reading - 4-14-64 Posted the 8th day of April, 1964 APPROVED AS TO FORM: (Signature) City Attorney MICROFILMED 3-13-80 ORDINANCE NO.64-9 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ORDINANCE NO.11-62 as AMENDED BY ORDINANCE NO.64-1; TO REZONE A PARTICULAR PARCEL OF LAND FROM R-1 CLASS- IFICATION TO C-2 CLASSIFICATION: PROVIDED AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AS FOLLOWS: Section 1. Ordinance No.11-62, known as the Zoning Ordinance of the City of Cape Canaveral, Florida, as amended by Ordinance Uo.64-1 is hereby amended .by the addition of a new paragraph designated D to be. inserted immediately following Article III (A) to read as follows: ARTICLE III (A) BOUNDARIES THEREOF D. The following described parcel.of property now zoned R-1 is hereby rezoned to a C-2 (C-1) Zoning Classification, to -wit: Commence at the N.W. Cor. Sec. 23, T24S, R37E, Cape Canaveral Brevard Co., Florida; Thence 8.;(°07"30"W, along the west line of the aforementioned Sec.23, a distance of 1158.00 ft. to a point; Thence S.88°55'14" E. a distance of 302.64 ft. ft. For a point of beginning; Thence continue S.88°55'14" E. a distance of 314.59 ft. to a point on the westerly right-of-way of State Road No.401; Thence in sotheasterly direction along the westerly R.O.W. line of State Road No.401, a distance of 189.35 ft. along a curve with a radius of 905.37 ft. a central angle of 11°59"00" a chord distance of 189.01 ft. with a bearing of 5.20°10'10.00" E.; Thence N.88°55'14" W. a distance of 385.00 ft. to a point; Thence N. 1°07130" E. parallel to the west line of the afore- mentioned Sec.23 a distance of 175.00 ft. to the Point- of Beginning, containing 1.42 acres, more or less. (61,887.S.F.) Section. 2. All ordinances in conflict herewith are hereby repealed. Section 3. This Ordinance shall become effective immediately upon its adoption and approval by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, on the 14th day of April , 1964. ATTEST: (Signature) MICROFILMED 3-13-80 First Reading: April 7, 1964 Second and Final Reading 4-14-64 Posted the 8th day of April, 1964 APPROVED AS TO FORM: (Signature) City Attorney MICROFILMED 3-13-80 ORDINANCE NO. 64-13 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ORDINANCE NO. 11-62 as AMENDED BY ORDINANCE NO. 64-1; TO REZONE A PARTICULAR PARCEL OF LAND FROM R-1 CLASS- IFICATION TO C-2 CLASSIFICATION: PROVIDED AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AS FOLLOWS: Section 1, Ordinance No.11-62 known as the Zoning Ordinance of the City of Cape Canaveral, florida, as amended by Ordinance No. 64-1 is hereby amended by the addititon of a new paragraph designated E to be inserted immediately following Article III (A) to read as follows: ARTICLE III (A) BOUNDARIES THEREOF E. The following described parcel of property now zoned R-1 is hereby rezoned to a C-2 Zoning Classification, to-wit: A tract of land bounded on the west by the west line of Section twenty-three (23), on the north by the road commonly called Long Point Raod, on the east by the one hundred (100) foot right of way of State Raod A1A as now located, and particularly des- scribed as follows: From the northwest corner of Section twenty-three (23) is township twenty-four (24) south, range thrity-seven (37) east aforesaid, run south zero (0) degrees, two (2) minutes, zero (0) seconds west on the west line of section twenty-three (23), a distance of five hundred fifty-two (552) feet to an iron pipe located on the south side of the thirty-six (36) foot right of way of Long Point Road, which is the point of beginning of the land herein described, and from said point of beginning, run east on the south line of the right of way of Long Point Road, a distance of two hundred twwenty-nine and fifteen hundredths (229.15) feet to the west line of the right of way of State Raod A1A; thence turn an angle of one hundred nineteen (119) degrees, forty-nine (49) minutes, thirty (30) seconds and run south twenty-nine (29) degrees, forty-nine (49) minutes, thirty (30) seconds east a distance of one hundred eighty-five and fifty-six hundredths (185.56) feet to the south boundary line of the land described in deed recorded in Deed Book 337, page 233, public records of Brevard County, Florida; thence turn an angle of sixty (60) degrees, ten (10) minutes, thirty (30) seconds and run west and parallel to the first course aforesaid, a distance of three hundred twenty-one and sixty-five hundredths (321.65) feet to the west line of section twenty-three (23) and thence run north zero (0) degrees, two (2) minutes, zero (0) seconds cast, a distance of one hundred sixty and ninety-five hundredths (160.95) feet to the point of beginning. MICROFILMED 3-13-80 The foregoing land is that portion of the land conveyed by Barbara B. Johnston and Alma C. Johnston to Paula M. Romanzo, by deed dated July 18, 1955 and recorded in Deed Book 402, page 190, Public Records of Erevard County, Florida, which lies west of the new right of way for State Road A1A. The :Land afore— said is subject to a forty (40) foot perpetual easement for road purposes over the west forty (40) feet of the land hereinabove described which is reserved in the deed aforesaid. Also known as 119 Long Point Road, Cape Canaveral, Florida. Section. 2. All ordinances in conflict herewith are hereby repealed. Section 5. This Ordinance shall become effective immediately upon its adoption and approval by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, on the 28 day of April, 1964. (Signature) Mayor ATTEST: (Signature) First Reading: April 14., 1961E Second and Final Reading April 28 - 64 Posted the 15th day of April, 1964 APPROVED AS TO FORM: (Signature) City Attorney MICROFILMED 3-13-80 ORDINANCE NO.64- 25 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING ORDINANCE NO.11-62 AS AMENDED BY ORDINANCE NO.64-1; TO REZONE A PARTICULAR PARCEL OF LAND FROM R-1 CLASSIFICATION TO C-1 CLASSIFICATION: PROVIDED AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF TIE CITY OF CAPE CANAVERAL, FLORIDA AS FOLLOWS: SECTION 1. Ordinance No.11-62, known as the Zoning Ordinance of the City of Cape Canaveral, Florida, as amended by Ordinance No.64-1 is hereby amended by the addition of a new para- graph designated $ to be inserted immediately following Article III (a) to read as follows: ARTICLE III (a) BOUNDARIES THEREOF F. The following described parcel of property now zoned R-1 is hereby rezoned to a C-1 Zoning Classification, to -wit: Commencing at the Northwest corner of Section 23, Township 24 South, Range 37 east, proceed Southerly along the West line of said Section 23 S.1 07!30"W., 863.00 feet to a point, said point being the Point of Beginningof this description. From the Point of Beginning, proceed Easterly S.88 55'14"E., 451.43 feet to the West R/W line of S.R. 401 as presently located, thence with said West R/W line S.28°42'30"E., 298.33 feet to the P.C. of a curve to the right having a radius of 905.37 feet; thence along the arc of said curve, through a central angle of 29 50'00" and an arc distance 471.42 feet to the P.T. of said curve; thence S.1°07"30"W., 124.58 feet; thence Westerly N.88 55'14"W., 719.85 feet, more or less to the West line of Section 23; thence Northerly with said West line N.1°07'30"E., 834.00 feet to the Point of Beginning of this description. SECTION 2. All ordinances in conflict herewith are hereby repealed. SECTION 3. This Ordinance shall become effective receipt of Quit Claim deeds from the Landowners to immediately upon its adoption and approval by the City Council of the City of Cape Canaveral, Florida. ADOPTED. by the City Council of the City of Cape Canaveral, Florida, on the 6th day of October, 1964. (Signature) Mayo Attest: (Signature) City Clerk First Reading: Sept 15-1964 Second and Final Reading: 6th October Posted: Sept. 16- 1964 Approved as to Form: (Signature) City Attorney * AMENDED 10-6-64 (2nd Reading)