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HomeMy WebLinkAboutNo Codification Date-1986 ?ZONING 'CITY Of • / "Codi -(1'64a-fio4 • • • : • • ‘,1 Zoning Regulations, Establishment and Fur ose Pdipode $trait '.Ti tie" - • • --- ZOtaiiiq befinitIjonsit- • . . • . • . . :;:Establisfimeni.:&.6.f= Praeioil,; for . • Map -/:2-aci1e fr 1nterp-eation of District •••s f.t.; • , ' -7. S Na*imwr.-.0.111*. Area r: - Jd'$e:rtentage.; Setbacks • :•L°aCI.,„5Aq ,• .iRecAlia*metitt • for Adthtional • Nr'ea. Calculations .Cannot: • :',114:0:6dsftOt i2,44.514 0944.), Density " • • • ' : . Ar.da Ete`dtiCtibri tel ON Minimum .,;•• 4tiii0174-,1111.1 Stt egierits ' :for Structures . _ . . • act' i t1Oir4t:ipti, 0LAnnexations or. u!e@0t., -pp.qc4: ica 1 ly : •Perrhi • , SchedUl..'bf.h•Viair :Re gu lat s • ' s' • . R-1 ideti;t44:1 District ....B.t;rlitu'res • Accessory PseS24-atid .S.*uctures' .EXceOtiohe:;. Prohibited Uses. and StructiiteS., Area and Diinerision Regulations Minimum Setback Reguiremerit.S.. off -Street Parking and AcdeSis • .. • . . • 7•• TABLE OF. CONTENTS .: • .-. • Sebtion 631 r • 6_31;4 01 631.03 &373.'„ 05 .633 653'. 01. ; 631:•:63. 6,31;.95 635 : 635:93:: 635:05 635.97 • .6351.09 635.11 635.1-3,, • • • 07 . 63.7,01: • 637.43' 637;07 637.:09 • • 637:.11 637.01,1 637.13 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA TABLE OF CONTENTS Section R-2 Medium Density Residential District 637.15 Principal Uses and Structures 637.17 Accessory Uses and Structures 637.19 Special Exceptions 637.21 Prohibited Uses and Structures 637.23 Area and Dimension Regulation' 637.25 Minimum Setback Requirements 637.25 Off -Street Parking and Access 637.27 R-3 Medium Density Residential District 637.29 Principal Uses and Structures 637.31 Accessory Uses and Structures 637.33 Special Exceptions 637.35 Prohibited Uses and Structures 631'.37 Area and Dimension Regulations 4637.39 Minimum Setback Requirements 637.39 Off -Street Parking and Access 637.41 MinimumBreezeRequirement 637.43 Dune Crossover Required 637.44 C-1 Low Density Commercial District 637.45 Principal Uses and Structures:.- 637.47 Accessory Uses and Structures 637.49 Special Exceptions 637.51 Prohibited Uses and Structures 637.53 Area and Dimension Regulations 637.55 Minimum. Setback Requirements 637.55 Landscaping, Screening and Parking 637.57 Off -Street Parking and Access 637.59 M-1 Light Industrial and Research and Development District 638.01 Principal Uses and Structures 638.03 Accessory Uses and Structures 638.05 Special Exceptions 638.07 Prohibited Uses and Structures 638.09 Area and Dimension Regulations 638.11 Minimum Setback Requirements 638.11 Landscaping, Screening and Parking 638.13 Performance Standards 638.15 Parking and Loading 638.17 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Performance Standards Off -Street Parking Off -Street Loading TABLE OF CONTENTS Home Occupations Permitted Home Occupations Home Occupation Requirements Occupational License Required Garage Sales Application of Performance Standards Building Setback Lines Erection of More than One Principal Structure on a Lot Setback Encroachments Accessory Structures Visibility at Intersections Fences, Walls and Hedges &. e,PT, a 1JS I a h�eiyh7 R�yulut�d�S Structures to Have Access Location of Recreational Vehicles, Camping Equipment, Boats and Boat Trailers Living Aboard. -Boats Living or Residing in Automotive Vehicles Parking and Storage of Certain Vehicles Minimum Width of Courts Water Areas Landscaping and Screening for Commercial and Industrial Zoning Districts Sewage Disposal-�'^ZAA^°"v Swimming Pools and Enclosures Vehicular Use Areas Atomic Energy Uses Building Required Sidewalks Required Dedicated Public Land Pc,_(f-f,•�, �o- Preservation of Trees In All Districts Earth Station Antenna Regulations Townhouse Regulations Area and Dimension Regulations Minimum Setback Requirements Off -Street Parking Utilities Preservation of Trees Section tti: 79.05 SA.. 07 :•.09 O'9.11 I 6' I ir. ..., LE 4.1r� /9.33 4.. 35 47.36 ',.37 Q�.39 1I�' .41 y-; 1 4,0 ili ;4:1; VOMr . 01 . 03 . 13 9.15 . 17 . 19 .21 . 23 . 25 . 27 . 31 9.43 441•1d9 . 45 . 47 .51 . 53 .55 .57 . 59 .61 -6-4-0- 3 7J 6-44. 0 3 -64-0.0 3 64-6.05 640.07 .6.4-0'. 0 9 Ly iii a 1,0 Fi 4,j Y ) r Vetrvi ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA TABLE OF CONTENTS Section 037 Individually Platted Lots-641.11 Procedures 441.13 Development Schedule0.15 Schedule of Special Exceptions Permissible by 6(/)- Board of Adjustment Establishments Serving Alcoholic Beverages Legally Established Non -Conforming Lots, Non - Conforming Structures and Non -Conforming Uses Intent Mobile Home Parks and Single Family Mobile Home Districts Non -Conforming Structures Non -Conforming Uses Repairs and Maintenance Structures and Uses Approved by Special Exception Variance Temporary Uses Administration and Enforcement - Building Permits and Certificates of Occupancy Administration and Enforcement Building Permits Required Application for Building Permit Site Plan Submittal and Review Procedures Certificate of Occupancy Required Certificate of Occupancy For Hotels & Motels Times and Conditions of Building Permit Construction and Use to be as Provided in Applications, Plans, Permits and Certif- icates of Occupancy Board of Adjustment; Establishment and Procedure Proceedings of the Board of Adjustment Board of Adjustment; Powers and Duties Administrative Review Special Exceptions; Conditions Governing Applications; Procedures 643 643.01 643.03 643.05 643.07 643.09 643.11 643.13 643.15 645 645.01 645.03 645.04 645.05 645.07 645.08 645.09 645.11 645.13 645.15 645.17 645.19 645.21 iv ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA TABLE OF CONTENTS Section Written Findings; Violation of Safeguards 645.23 Variances; Conditions Governing Applications; Procedures 645.25 Applicants 645.27 Decisions of the Board of Adjustment 645.29 Reconsideration of Administrative Review, Special Exception or Variance 645.31 Appeals from the Board of Adjustment 645.33 Zoning Ordinance Interpretation and Enforcement 645.35 Schedule of Fees, Charges and Expenses 645.37 Provision of Ordinances Declared to be Minimum Requirements 645.39 Complaints Regarding Violations 645.41 Penalties for Violation 645.43 Separability Clause 645.45 Amendments 647 Procedures 647.01 Limitations 647.03 Reconsideration of District Boundary Changes 647.05 v 631 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA An Ordinance establishing comprehensive zoning regulations forithe City of Cape Canaveral, Florida, and providing for the)administration, enforcement and amendment thereof, in accordance with the provisions of Florida Statutes, and the Charter of the City of Cape Canaveral, and for the repeal of all Ordinances in conflict herewith. 631.01 PURPOSE WHEREAS Florida Statutes and the Charter of the City of Cape Canaveral empower the City to enact a Zoning Ordinance and to provide for its administration, enforcement and amend- ment, and WHEREAS the City Council deems it necessary for the purpose of promoting the health, safety, morals and general welfare of the City to enact such an Ordinance, and WHEREAS the City Council pursuant to'the provisions of Florida Statutes, has appointed a Planning and Zoning Board to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein, and WHEREAS the Planning and. Zoning Board has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a Comprehensive Plan and designed to lessen congestion in the streets, to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the over -crowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements, and WHEREAS the Planning and Zoning. Board has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Municipality, and WHEREAS the Planning and Zoning Board has made a preliminary report and held public hearings thereon, and submitted its final report to the City Council, and ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 2 WHEREAS the City Council has given due public notice of hearings relating to zoning districts, regulations and restrictions, and has held public hearings, and WHEREAS all requirements of Florida Statutes, with regard to the preparation of the report of the Planning and Zoning Board and subsequent action of the City Council has been met; NOW, Tff REFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: 631.03 REPEAL OF CONFLICTING ORDINANCES Ordinance No. 10-75 of the City of Cape Canaveral, as amended, is hereby abolished and repealed, and all other City Ordinances, Resolutions or General Laws, or any part thereof, in conflict with any provisions of this Ordinance are hereby abolished and repealed. 631.05 SHORT TITLE This Ordinance shall be known and may be cited as "The Zoning Ordinance of the City of Cape Canaveral, Florida." 632.01 ZONING DEFINITIONS For the purposes of this Ordinance, certain terms or words used herein shall be interpreted as follows: The word person includes a firm, association, organization, partnership, trust, company or corporation as well as individual. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular. The word shall is mandatory; the word may is permissive. The words used or occupied in- clude the words intended, designed or arranged to be used or occupied. The word lot includes the words plot or parcel. Access Easement - See Utility Access Easement. AccessoryUse - A use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 3 Adult Congregate Living Facilities - As defined by Statute 400.402, Florida Statutes 1981 Edition, and any amendments thereto. Alcoholic Beverage - As defined by Section 561.01 (4) (a), Florida Statutes. Alley - Any public or private right-of-way set aside for secondary public travel and servicing which is less than thirty (30) feet in width. Apartment - See Dwelling, Multiple Family. Apartment Hotel - A building designed for or containing both apartments and individual guest rooms or rental units, under resident supervision and which maintains an inner lobby through which all tenants must pass to gain access to apartments, rooms or units. Approved Structure - That which is built or constructed or an edifice or building of any kind in which collected non- hazardous material may be stored. Automotive Vehicle - Any self-propelled vehicle or convey- ance designed and used for the purpose of transporting or moving persons, animals, freight, merchandise or any sub- stance. The phrase shall include passenger cars, trucks, buses, motor homes, motorcycles, scooters and station wagons, but shall not include tractors, construction equip- ment or machinery or any device used for performing: a job except as -stated above. Automotive Repair Facilities - This term shall include all mechanical engine overhaul or repair, and body work and painting of automotive vehicles. Awning - A detachable, rooflike cover, supported by the walls of a building for protection from sun or weather. Block - Area between two adjacent streets, or if no streets are present, an area not to exceed 600° in length or width. Bottle Club - A membership composed of a group of people which permits the consumption of alcoholic beverages on a premises without charge. Membership shall be for a period of not less than one (1) year. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 4 Building - Any structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind which has enclosing walls for fifty (50) percent of its perimeter. The term "building" shall be asif followed by the words "or part thereof". (For the purpose of this Ordinance each portion of a building separated from other portions by a fire wall shall be considered as a separate building.) For the purpose of area and height limitations this definition shall be applicable to sheds and open sheds. Shed - Any structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind which has enclosing walls for less than fifty (50) percent of its perimeter. Open Shed - Any structure that has no enclosing walls. Building Official - The official charged with the admin- istration and enforcement of this Ordinance as provided for in Section 645.01. Camper (Truck Mounted) - A portable structure designed to be mounted on a truck or similar type vehicle for the purpose of converting said vehicle into a movable living unit and customarily used for recreational or camping use. Camper Trailer - See Recreational Vehicle. Church - Any building occupied on a permanent basis for religious exercises as a primary use. Clinic - A building where patients, who are not lodged overnight, are admitted for examination and treatment by one person or group of persons practicing any form of the heal- ing arts services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists or any similar pro- fession, the practice of which is licensed in the State of Florida. The term Clinic does not include a place for the treatment of animals. Common Open Space - A parcel, parcels or area of land or land and water, other than a dedicated canal, within the site and designed and intended for the use or enjoyment of residents living within the zone or development area. Common Open Space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of the said residents. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 5 Containers - Any cans, barrels, drums or tanks (except stationary tanks) which would be used for the outside storage of non -hazardous materials. Construction Site - A lot or parcel upon which development is immediately proposed or in progress, as authorized by a. current building permit. Convalescent Home - A building where regular nursing care is provided for more than one person, not a member of the family, which resides on the premises. Court - An unoccupied open space on the same lot with the principal building and enclosed on at least three adjacent sides by walls of the principal building. Courtesy Notice - A notice of a public hearing, not re- quired by law, mailed at the City's discretion to property owners within five -hundred (500) feet of property subject of said public hearing. Dedication - The deliberate appropriation of land by its owner forany general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. Dish Antenna - See earth station antenna. Drive (Private) - A private way set aside for vehicular traffic that does not exceed two -hundred (200) feet in developed length and/or serves less than four (4) resi- dential, commercial, or any combination of residential and commercial units. Drive -In Restaurant or Refreshment Stand - Any place or premises used for sale, dispensing, or servicing of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises. Dwelling, Single Family - A detached residential dwelling unit other than a mobile home, designed for and occupied by one family. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 6 Dwelling, Mobile Home - A detached residential dwelling unit over eight (8) feet in width, which bears a seal from the Department of Housing and Urban Development of the United States Government, designed for travel over highways/streets or for house accommodations (or both), manufactured on an integral chassis (or undercarriage) and arriving at the site where it is to be occupied except for minor and incidental and packing and assembly operations, locations on jacks,or other temporary or permanent foundations, connections to utilities and the like. Dwelling, Two Family - A detached residential building containing two dwelling units, designed for occupancy by not more than two families. Dwelling, Multiple Family - A residential building de- signed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. Dwelling Unit or Living Unit - Ore roo together, constituting a separate:' establishment for owner occupanc weekly, or longer, basis and other rooms or dwelling un structure, and containin facilities. ysi s which` independen or rental or lease on ae-A may be in the same ,fit or rooms connected - ependent housekeeping V lly separated from any `Up IAA cooking and sleeping r' Earth Station Antenna - An antenna, usually a dish antenna, whose purpose it is to receive communications or other signals primarily from orbiting satellites. Easement - A right-of-way granted for limited use of private property for a public or quasi -public purpose. Fair Market Value - Fair Market Value for the purpose of this Ordinance, shall be deemed to be the valuation of such structure by the Tax Assessor of Brevard County in his assessment for the levying of ad valorem taxes for the tax year the damage was sustained. Family - An individual or a group of persons related to each other by blood or marriage or a group of not more than four (4) adults who are not necessarily so related, living together under one roof as a single household unit. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 7 Fence - A structure forming a physical barrier which is so constructed that no less than fifty (50) percent of the vertical surface is open to permit the transmission of light, air and vision through such surface in a horizontal plane. Also see Section 64-9-.-27-. Fire District - shall include that territory or area consisting of: A. Two or more adjoining blocks, exclusive of intervening streets, where at least fifty (50) percent of the ground area is built upon and more than fifty (50) percent of the built on area is devoted to group "S" occupancy or group "H" occupancy as defined in the 1982 edition of the Standard Building Code. B. Where four (4) contiguous blocks or more comprise a fire district, there shall be a buffer zone, as determined by the Fire Marshal, of up to 200 feet around the perimeter of such district. Streets, rights -of -way and other open spaces not subject to building construction may be in- cluded in the buffer zone. Floor Area - The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerline of walls separating two attached buildings. The required minimum floor area within each district shall not apply to accessory uses. Garage, Storage - A building or portion of a building thereof designed or used exclusively for the storage or parking of automobiles. Service other than storage at such storage garage shall be limited to lubrication, washing, waxing and polishing. When used for such a purpose, such property may not be used in combination with any other use with the exception of mini -storage. Guest House - Living quarters within a detached accessory building located on the same lot with the main building for use by temporary guest of the occupants of the premises, such quarters having no kitchen facilities or separate utility meters and not rented or otherwise used as a separate dwelling. Hedge - A row of bushes or small trees planted close to- gether in such a manner as to form a boundary or barrier. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 8 Height of Building - The vertical distance from twelve (12) inches above the crown of the fronting road or natural grade at the building line, whichever is highest, to (a) the highest point of flat roof; (b) the deck line of a mansard roof; (c) the average height between the eaves and ridge for gable, hip and gambrel roofs. •Measurement must be in com- pliance with the 100 year flood level, as determined by the Federal Emergency Management Agency. Home Occupation - Any occupation conducted entirely within a dwelling unit and carried on by an occupant thereof, which occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof. Hospital - A building or group of buildings, having room facilities for one or more overnight patients, used for providing services for the in -patient medical or surgical care of sick or injured humans, and which may include related facilities, such as laboratories, out -patient departments training facilities, central service facilities, and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations. Hotel - A building in which lodging is provided and offered to the public for compensation, and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all times. In no event shall the number of efficiency units or units with kitchen facilities exceed a maximum of twenty-five (25) percent of the units per building. There shall be a minimum of six (6) guest rooms per building and a minimum of 150 guest rooms per hotel. Guest rooms shall be defined as those rooms intended or designed to be used, or which are used, rented or hired out, to be occupied or which are occupied, for sleeping purposes by guests. Landscape Buffer - That portion of the building setback area which is located along property lines adjacent to streets or abutting lots and which in its entirety contains landscaping. Landscaping - The arrangement of vegetation such as trees, bushes and grass, together with other suitable materials in complementary fashion over a tract of land for aesthetic effect. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 9 Living Area - The minimum floor area of a dwelling as measured by its outside dimensions exclusive of carports, porches, sheds and attached garage. Loading Space, Off -Street - Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required offstreet parking space. Lot - For purposes of this Ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such setbacks and other open spaces as are herein required. In no case of division or combination of parcels shall any residual lot or parcel be created which does not meet the requirement of this Ordinance, except townhouses. Such lot may consist of: A. A lot of record; or B. A portion of a lot of record; or combination of portions of lots of record; C. A combination of complete lots of record, or complete lots of record and portions of lots of record; and/or D. A parcel of land described by metes and bounds. Lot Coverage - The area of a lot that is covered by an enclosed structure. This is normally the principal and accessory structures, and any other structure that blocks sunlight and/or the breezeway. Lot, Corner - A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the fore- most point of the lot meet at an interior angle of less than one hundred thirty-five degrees (135). Lot, Dimensions: A. Depth - Of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. PAC�VISED 17,(EB 87 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 10 B. Width - Of a lot shall be considered to be the distance between straight lines connecting front and rear of the required front setback, provided, however, that width between side lot lines at their foremost points (where they intersect with the street lines) shall not be less than eighty (80) percent of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where the eighty (80) percent requirement shall not apply; provided, however, that all lots shall have a minimum of twenty-five (25) feet facing a street. Lot, Frontage - The front of a lot shall be the narrowest portion of the lot fronting on a dedicated, accepted or maintained street right-of-way. Lot, Interior - A lot with only one frontage on a street. Lot Line - The boundary line of a lot. Lot of Record - A lot whose existence, location and.dimen- sion have been legally recorded or registered in a deed or on a plat. Lot, Reversed Frontage - A lot on which the frontage is at right angles or approximately right angles (interior angle less than one hundred thirty-five (135) degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot or a through lot. Lot, Through - A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as a double frontage lot. Major Recreational Equipment - Boats and boat trailers, travel trailers, trailers for transporting motorized vehicles, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like, including the coverings. Manufactured Housing/Building - A closed structure, building assembly, or system of sub -assemblies, which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured in maufacturing facilities for installation or erection, with or without other specified components, as a finished building or as part of a finished building, which shall include, but not be limited to, residential, commercial, ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 11 institutional, storage and industrial structures. This part does not apply to mobile homes. Manufactured building may also mean, at the option of the manufacturer, any building of open construction made or assembled in manufacturing facilities away from the building site, for installation, or assembly and installation, on the building site. Marina - A place for docking boats or providing services to boats and occupants thereof, including servicing and repair to boats, sale of fuel and supplies, and provision of food, beverages, and entertainment as accessory uses. A yacht club shall be considered as a marina, but a hotel, motel, or similar use, where docking of boats and provision of services thereto, is incidental to other activities shall not be considered as a marina, nor boat docks accessory to a multiple family dwelling where no boat -related services are rendered. Mini -Storage - The renting of storage space which is utilized for the incidental storage of personal effects which space shall not exceed two hundred eighty (280) square feet of net floor area. When used for such a purpose, such property may not be used in combination with any other use with the exception of storage garage. Mobile Home Parks - A single parcel of ground on which there are sites to be leased or rented to tenants for the purpose of parking mobile homes. Motel - A building in which lodging is provided and offered to the public for compensation. As such it is open to the public the same as a hotel, except that the buildings are usually designed to serve tourists traveling by auto- mobile, ingress to rooms need not be through a lobby or office, and parking usually is adjacent to the dwelling unit.• In no event shall the number of efficiency units or units with kitchen facilities exceed a maximum of twenty-five (25) percent of the units per building. There shall be a minimum of six (6) guest rooms per building and a minimum of 150 guest rooms per motel. Guest rooms shall be defined as those rooms intended or designed to be used, or which are used, rented or hired out, to be occupied or which are occupied, for sleeping purposes by guests. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 12 Motor Travel Home - A self-propelled vehicle containing living facilities and customarily used for camping or recreational uses. Net Residential Acre - The horizontal acreage of a lot or lots devoted exclusively to residential uses and their appurtenant accessory uses. Such area shall include the building site, recreation areas, open space, swimming pools, parking, drives, setbacks areas and the like. Net residential acreage does not include areas used for non-residential purposes, streets, waterways, offices, golf courses, or any other use not developed for the exclusive use of the property's residents. Non -Conformity - Any lot, use of land, use of structure, use of structure and premise or characteristics of any use which was lawful at the time of enactment of this Ordinance but which does not conform with the provisions of the district in which it is located. Non -Hazardous Material - Any material which does not increase nor cause an increase of the hazard of menance of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, supressing or extinguishing fire. Occupied - The use of structure or land for any purpose, including occupancy for residential, business, industrial, manufacturing, storage and public use. Oceanfront Lots - A lot that is contiguous with the ocean beach and which is considered as fronting on a public access easement and include those lots adjacent to a dedicated street. All lots contiguous with the ocean beach shall be considered interior lots. Open Space Area - That area of the lot which is to be left open for free circulation of air and which provides an area for recrational and/or leisure pursuits. Not to be included as part 'of open space area: building setbacks, area occupied by all building structures, parking area, roads, and drives. Recreational areas may be included. Swimming pools may be included in the calculation of minimum open space. Open Shed - See Building. Patio - See Terrace. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 13 Parking Space, Off Street - F Ordinance the term "off street of a minimum paved area two hun parking an automobile, exclus thereto. urposes of this ing space" shall consist (200) square feet for f ccess drives or aisles Playground] - An area of land set aside for outdoor recreation, used by children for play and often equipped for specific activities. May also be that part of a park or outdoor recreation facility set aside for such use by children. A playground may be public or private, however, any recreational area established for pre -kindergarten children only, or for adults or college students primarily, shall not be considered a playground. Principal Use of Structure - A building in which is conducted the principal use of the lot on which it is situated. In a residential district any dwelling shall be deemed to be the principal building on the lot on which the same is situated. An attached carport, shed, garage, or any other structure with one or more walls or a part of one wall being a part of the principal building and structurally dependent, totally or in part, on the principal building, shall comprise a part of, the principal building. A detached and structurally.independent carport, garage, or other structure shall conform to the requirements of any accessory building. A detached and structurally independent garage, carport, or other structure conforming as an accessory building may be attached to the principal buildings by an open breezeway not to exceed six (6) feet in width. A connecting roof breezeway in excess of six (6) feet and enclosed on one or both sides including louvers, lattice or screening, shall cause the entire structure to be construed as the principal building and shall be subject to the regulations applicable to the principal building. Public Use - Any use of land or structures owned and operated by a municipality, county, state or the federal government or any agency thereof and for a public service or purpose. Recreational Vehicle - Units designed as temporary living quarters for recreational, camping or travel use, which either have their own motive power or are mounted on or drawn by another vehicle. Includes travel trailer, camping trailer, truck camper, motor home and wheel recreational trailer. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 14 Residential District - That area set aside primarily for use as low and medium density residental housing. Restaurant - Any building or structure or portion thereof, in which food is prepared and served for pay to any person not residing on the premises. Right -of -Way - Land reserved, used or to be used for a street, alley, walkway, drainage facility or other public purpose. Schoolgrounds - All the land included in the lot or parcel upon which a school building is regularly used (except vacation periods) by elementary and/or secondary school students. The school and/or land may be public or private. Service Station - Buildilngs and products are supplied at retail, where, in addition, services may as specified by this Ordinance. Setback - A required open space principal building, which space obstructed by buildings4rom th specified in Sections 621, 6 required setback areas shall be (sod) and shall be properly maintained. Shed - See Building. Shopping Center - Three (3) or more units for purposes mercantile. premises where petroleum as a primary use, and be rendered and sales made on the same lot with a is unoccupied and un- ground up yrd, except as .23 and 611).44. All landscaped with greenery of Sign - As defined in Chapter 23 of the Standard Building Code, current edition. Special Exception - A Special Exception is a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, posterity or general welfare. Such uses as may be permitted by the Board of Adjustment are identified for each zoning district as Special Exceptions. PA EVISED 1 M 2\ 88 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 15 Story - That portion of a building included between the floor surface and the upper surface of the floor next above, or any portion of a building, used for human occupancy be- tween the top -most floor and roof. A basement or cellar not used for human occupancy shall not be counted as a story. Street - A street for the purposes of this section shall be a public or private right-of-way set aside for public travel. Street Right -of -Way - The -property line which bounds the right-of-way set aside for use as a street. Street Centerline - The midpoint of the street right- of-way. Street (Private) - A private way set aside for vehicular traffic that exceeds two hundred (200) feet in developed length and/or serves four (4) or more residential, com- mercial, or any combination of residential and commercial units. Private streets shall be installed in accordance with Section 503.09(C) of the Subdivision of Land Regulations. Structure - That which is built or constructed. Swimming Pool - Any portable pool or permanent structure containing a body of water eighteen (18) inches or more in depth and/or two hundred fifty (250) square feet of surface area or more of water service area, including an ornamental reflecting pool or fish pond or other type of pool regardless of size, unless it is located and designed so as not to create a hazard or not be used for swimming or wading. Tent - A collapsible shelter of canvas or other fabric type material. Terrace - An open space adjacent to the principal building on one or two sides, prepared with a hard, semi -hard, or improved surface, for the purpose of outdoor living. Total Floor Area or Gross Floor Area - The areas of all floors of a building, including finished attics, finished basements and all covered areas, including porches, sheds, carports and garages. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 16 Townhouse - A single family dwelling unit constructed in a series or group of attached units with property lines separating such units. Trailer - A portable structure having no foundation other than wheels, jacks or blocks that will not be a hazard to adjacent buildings and also fully enclosed, operable and licensed. Trailer Park - An area duly licensed by the City of Cape Canaveral and approved by the Florida State Board of Health, which is designed, constructed, equipped, operated and maintained for the purpose of providing space for and otherwise servicing mobile homes and/or trailers. Travel Trailer - See Recreational Vehicle. Utility Access Easement - An easement less than twenty (20) feet wide, dedicated and used for utilities and utility vehicles. Not qualified as an alley per subdivision code. Vacant - A building or parcel of land which is neither occupied nor used.. Variance - A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant. A literal enforcement of the Ordinance would result in unnecessary and undue hardship. As used in this Ordinance, a variance is authorized only for height, area, size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non -conformities in the zoning district or used in an adjoining zoning district. Wall - A structure forming a physical barrier which is so constructed that less than fifty (50) percent of the vertical surface from ground level to its top is open to permit the transmission of light, air and vision through such surface in a horizontal plane. ZONING REGULATIONS Page 17 CITY OF CAPE CANAVERAL, FLORIDA Wall, Concrete Boundary - shall be a structure constructed using concrete, either poured or in block form, along the property boundary or within the setback and used as a dividing line between parcels of property in a residential zone, specifically excluding townhouse interior party walls. Yard - All open space on the same lot as the principal building, which space is unoccupied and unobstructed by buildings from the ground upward except as otherwise pro- vided. Generally applies to the 4rea from each lot line to the principal building and its attached porches, sheds, car- ports, garages and storage areas. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 18 633 ESTABLISHMENT OF DISTRICTS: PROVISION FOR OFFICIAL ZONING MAP 633.01 OFFICIAL ZONING MAP The City is hereby divided into zones, or districts, as shown on the Official Zoning Map, which together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this Ordinance. The Official Zoning Map shall be identified by the signature of the Mayor attested to by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Section 633.01 of the Code of Ordinances of the City of Cape Canaveral, Florida" together with the date of the adoption of this Ordinance. The Official Zoning Map in effect at the time of passage of this Ordinance shall remain in effect and shall be re - identified as provided above. If, in accordance with the provisions of this Ordinance and Florida Statutes, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be made on the Official Zoning Map promptly after the amendment has been approved by the City Council, together with an entry on the Official Zoning Map as follows: "On (date), by official action of the City Council, the following (change(s) were made in the Official Zoning Map: (brief description of nature of change)" which entry shall be signed by the Mayor and attested by the City Clerk. The amending Ordinance shall provide that such changes or amendments shall not become effective until they have been duly entered upon the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this Ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this Ordinance and punishable as provided in Section 645.43. Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map which.shall be stored in City Hall when not in use, and readily available to the public, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in the City. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 19 633.03 REPLACEMENT OF OFFICIAL ZONING MAP In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Council may by resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or ommissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and re- places the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. 2-83 of the City of Cape Canaveral, Florida." Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment. 633.05 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall, apply: A. Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines; B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines; C. Boundaries indicated as approximately following City limits shall be construed as following City limits; D. Boundaries indicated as following shore or bulkhead lines shall be construed to follow such shore or bulk- head lines, and in the event of: change in the shore or bulkhead line, shall be construed as following the original shore or bulkhead line; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines; ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 20 E. Boundaries indicated as parallel to or extensions of features indicated in subsections (A) through (D) above shall be so construed. Distances not specifically in- dicated on the Official Zoning Map shall be determined by the scale of the map; F. In cases where the actual location of physical features varies from those shown on the Official Zoning Map, or in other circumstances not covered by subsections (A) through (D) above, the Board of Adjustment shall inter- pret the district boundaries. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 21 635 APPLICATION OF DISTRICT REGULATIONS The regulations set by this Ordinance within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly: 635.01 CONFORMITY WITH REGULATIONS No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located. 635.03 STRUCTURE HEIGHT, MAXIMUM UNITS, LOT AREA PERCENTAGE, SETBACKS No building or other structure shall hereafter be erected or altered: A. To exceed the height,(, B. To accommodate or house a greater number of families, C. To occupy a greater percentage of lot area, D. To have narrower or smaller rear setback, front setback, side setbacks, or other open spaces than herein re- quired; or in any other manner contrary to the provisions of this Ordinance. 635.05 DUPLICATE USE OF SETBACKS, OPEN SPACE, PARKING SPACE, ETC. No part of a setback, or open space, or off-street parking or loading space required in connection with any building for the purpose of complying with this ordinance shall be included as part of a setback, open space, or off-street parking or loading space similarly required for any other building. 635.07 AREA USED FOR DENSITY CALCULATIONS CANNOT BE REUSED FOR ADDITIONAL DENSITY CALCULATIONS The area used in either a site plan or plot plan to de- termine the number of living units allowed on that area, shall not be reused in computing the number of living units for that area, or for any subsequent area used with that area. PAGE VISED 19 UG 86 l ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 22 The Building Department shall maintain a file of site plans or plot plans and a map which shall evidence which areas have been used in computing numbers of living units. Upon application to the Planning and Zoning Board, the Board shall have the discretion to accept a revised site plan provided that the revised site plan shall not exceed the maximum number of living units for any or all of the site. 635.09 DIMENSION OR AREA REDUCTION BELOW MINIMUM REQUIREMENTS No setback or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Setbacks or lots created after the effective date of this Ordinance shall meet the minimum requirements established by this Ordinance. 635.11 LOT AND STREET REQUIREMENTS FOR STRUCTURES Every building or structure hereafter erected shall be located on a lot as defined herein and shall be on a lot adjacent to a public street, or with access to a public street. In the case of a parcel of land which is not adjacent to a public street, the front of such parcel shall be that boundary -side which is adjacent to the legal access. 635.13 ZONING CLASSIFICATION OF ANNEXATIONS The zoning classification of all property which may here- after be annexed to the City shall be determined by the City Council upon recommendation of the Planning and Zoning Board at the time of annexation. 635.15 UNUSUAL USES OR USES NOT SPECIFICALLY PERMITTED Any use which in the opinion of the Building Official is similar to a permitted use, shall be treated in the same manner as the use to which it is similar. Any application to permit a use which in the opinion of the Building Official is not similar to a listed permitted use, or due to its nature is an unusual use, shall be referred to the Board of Adjustment which will, according to the procedures set forth for a Special Exception determine the proper zone for such use. The Board of Adjustment may prescribe appropriate additional conditions and safeguards in the public interest. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 29 637 SCHEDULE OF DISTRICT BOUNDARIES 637.01 R-1, LOW DENSITY, RESIDENTIAL DISTRICT The provisions of this district are intended to apply to an area of single family unattached residential development. Lot sizes and other restrictions are intended to promote and protect a high quality of residential development. 637.03 R-1, PRINCIPAL USES AND STRUCTURES Single family dwellings. In no case shall there be more than one (1) principal structure per lot or parcel. Dwm/Pell urnH- ren+aIS of [egg ¢-h,r. ge e en days are pro h,hi f-ed 637.05 R-1, ACCESSORY USES AND STRUCTURES A. Non-commercial piers, bathhouses and loading places intended solely for the use of the adjoining residences,providing that the following conditions are met: 1. No dock or pier shall extend over five (5) feet beyond the property line unless the abutting waterway is over one hundred (100) feet in width at such point where the pier or dock is constructed. 2. No water craft moored to such use shall be used as living quarters, except as provided by Section 63,9.35. 141 3. All applicable regulations and restrictions of the Corps of Engineers and other Federal, county, state and local controls shall be adhered to. B. Non-commercial botanical nurseries and greenhouses. C. Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including garages, carports and the like, in keeping with the residential character of the district. D. Home Occupations subject to the provisions of Chapter fr3-9.(y/ 637.07 R-1, SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT Public and semi-public parks, playgrounds, playfields, recreation facilities and Adult Congregate Living Facilities. Public utility equipment; uses and rights - of -way essential to serve the neighborhood in which it is located. PAGE VISED 15 J 86 ZONING REGULATIONS• CITY OF CAPE CANAVERAL, FLORIDA Page 30 637.09 R-1, PROHIBITED USES AND STRUCTURES All uses not specifically or provisionally permitted herein; and any use not in keeping with the single family residential character of the district, including two family and multiple family dwellings, townhouses and mobile home parks are pro- hibited. 637.11 R-1, AREA AND DIMENSION REGULATIONS Minimum Lot Area: 7,500 square feet Minimum Lot Width: 75 feet Minimum Lot Depth: 100 feet Maximum Lot Coverage: 40 percent Minimum Living Area: 1,100 square feet Maximum Height: Not to exceed 25 feet R-1, MINIMUM SETBACK REQUIREMENTS Front: 25 feet Side (Interior Lot Line): 8 feet" or 10 percent of lot, whichever is greater, up to 20 feet Side (Corner Lot Line): 25 feet Rear: 25 feet; 20 feet when abutting an alley. Public or Private Street 25 feet 637.13 R-1 OFF-STREET PARKING AND ACCESS Off-street parking area and access to a public or private street shall be provided in accordance with Chapter-6-3-9. 6q1 PAGE' EVISED 21 IT 87 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 31 637.15 R-2, MEDIUM DENSITY RESIDENTIAL DISTRICT The provisions of this district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. 637.17 R-2, PRINCIPAL USES AND STRUCTURES Single family dwellings, two family dwellings and multiple family dwellings, provided however, that in no case shall there be more than fifteen (15) dwelling units per net residential acre. Dwel1'1,15 un;t rend -cols of )if S fhav\_ SeutInci\ clays are- prohzbi Eed• 637.19 R-2, ACCESSORY USES AND STRUCTURES A. Non-commercial piers, bathhouses and loading places intended solely for the use of the adjoining residences, provided that the following conditions are met: 1. No dock or pier shall extend over five (5) feet beyond the property line unless the abutting waterway is over one hundred (100) feet in width at such point where the pier or dock is constructed. 2. No water craft moored to such use shall be used as living quarters, except asprovided by Section 3. All applicable regulations and restrictions of the Corps of Engineers and other Federal, county, state and local controls shall be adhered to. B. Non-commercial botanical nurseries and greenhouses. C. Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including garages, carports and the like, in keeping with the residential character of the district. D. Home Occupations subject to the provisions of Chapter 6-3-9-. t, E. Parking lots and facilities in conjunction with,one or more principal uses. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 32 637.21 R-2, SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT A. Public utility equipment; uses and rights -of -way essential to serve the neighborhood in which it is located. B. Public and non-profit private schools with conventional curriculums; public libraries. C. Churches and other places of worship; parish houses. D. Public safety structures and equipment, such as fire sub -stations, civil defense facilities and the like. E. Public and semi-public parks, playgrounds, playfields and recreation facilities. 637.23 R-2, PROHIBITED USES AND STRUCTURES All uses not specifically or provisionally permitted herein. 637.25 R-2, AREA AND DIMENSION REGULATIONS Minimum Lot Area One and two family: Multiplq family: Minimum Minimum Maximum Minimum One Lot Width: Lot Depth: Lot Coverage: Living or Floor Area family: Two family: Multiple family: Efficiency One -bedroom 7,500 square feet 10,000 square feet 75 feet 100 'feet 35 percent 1,100 square feet per dwelling unit 750 square feet per dwelling unit 450 square feet per dwelling unit 650 square feet per dwelling unit PAGE 1 VISED 15 JtYA 86 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 33 Two -bedrooms Additional bedrooms Maximum Height: Maximum Length or Width of a Structure: R-2, MINIMUM SETBACK Front: 750 square feet per dwelling unit (plus 200 square feet for each additional bedroom) Not to exceed 25 feet Not to exceed 185 feet REQUIREMENTS 25 feet (See Note) Side (Interior Lot Line): Side (Corner Lot Line): Rear: Publi6cy or Private Street Note: See •44-9.17 for Special Setbacks 8 feet or 10 percent of width of lot, whichever is. greater, up to 15 feet 25 feet; on all nonconforming lots of record, 15 feet 15 feet 25 feet 637.27 R-2, OFF-STREET PARKING AND ACCESS Off-street parking and access to a public or private street shall be provided in accordance with ellept:en.60317. SQL ;ov\ PAGE REVISED 18 NOV 86 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 34 637.29 R-3, MEDIUM DENSITY RESIDENTIAL DISTRICT The provisions of this district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. 637.31 R-3, PRINCIPAL USES AND STRUCTURES Single family dwellings, two family dwellings and multiple family dwellings, provided however, that in no case shall there be more than fifteen (15) dwelling units per net residential acre. .Dwell heit/,renl-uls a-F /as +hav gewen(f) 1 hr.1�' deyS Are-erohihihJ. 637.33 R-3, ACCESSORY USES AND STRUCTURES A. Non-commercial piers, bathhouses and loading"places intended. solely for the use of the adjoining residences, provided that the following conditions are met: 1. No dock or pier shall extend over five (5) feet beyond the property line unless the abutting waterway is over one hundred (100) feet in width at such point where the pier or dock is constructed. 2. No water craft moored to such use shall be used as living quarters, except as provided by Section 49.73-5 . 3. All applicable regulations and restrictions of the Corps of Engineers and other Federal, county, state and local controls shall be adhered to. B. Non-commercial botanical nurseries and greenhouses. C. Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including garages, carports and the like, in keeping with the residental character of the district. D. Home Occupations subject to the provisions of Chapter 6-. 0f/ E. Parking lots and facilities in conjunction with one or more principal uses. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 35 637.35 R-3, SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT A. Public utility equipment; uses and rights -of -way essential to serve the neighborhood in which it is located. B. Public and non-profit private schools with conventional curriculums; public libraries. C. Churches and other places of worship; parish houses. D. Public safety structures and equipment, such as fire substations, civil defense facilities and the like. E. Public and semi-public parks, playgrounds, playfields and recreation facilities. 637.37 R-3, PROHIBITED USES AND STRUCTURES All uses not specifically or provisionally permitted herein. 637.39 R-3, AREA AND DIMENSION REGULATIONS Minimum Lot Area One and two Family: Multiple family: Minimum Lot Width: Minimum Lot Depth: Maximum Lot Coverage: Minimum Living or Floor Area One family: Two family: Multiple family: Efficiency One bedroom 7,500 square feet 10,000 square feet 75 feet 100 feet 35 percent 1,100 square feet per dwelling unit 750 square feet per dwelling unit 450 square feet per dwelling unit 650 square feet per dwelling unit PAGE ' , VISED 15 J 86 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Two bedrooms Additional bedrooms Page 36 750 square feet per dwelling unit (plus 200 square feet for each additional bedroom) Maximum Height: Not to exceed 45 feet. Maximum Length or Width of a Structure: R-3, MINIMUM SETBACK REQUIREMENTS Not to exceed 185 feet. Front: 25 feet (See Note 1) Side (Interior Lot Line): Side (Corner Lot Line): 8 feet or 10 percent of width of lot, whichever is greater, up to 15 feet (See Note 2) 25 feet; on all nonconforming lots of record, 15 feet Rear: 15 feet Public or Private Street: 25 feet 6yr. Note 1. See.:17 for Special Setbacks. Note 2. Side setbacks for all lots contiguous with the ocean beach shall be 10 feet, or ten (10) percent of the width of the lot, whichever is greater, up to 15 feet. 637.41 R-3, OFF-STREET PARKING AND ACCESS Off-street parking and access to a public or private street shall be provided in accordance with Chapter 639. 637.43 R-3, MINIMUM BREEZE REQUIREMENT At least twenty-five percent (25%) of the North/South dimension of the property shall be open to the breeze in an East/West direction. This shall include required setbacks. PAGE\REVISED 18 N&V 86 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 37 637.44 R-3, DUNE CROSSOVERS REQUIRED Site plans with four (4) or more units on parcels on the Atlantic Ocean shall provide dune crossovers conforming to specifications of the State of Florida, Department of Natural Resources. All such crossovers shall be maintained in a safe condition by the owners of the property. All crossovers will be allowed to be built within the setback area provided a DNR permit is obtained and there will be no requirement for a variance to allow these structures to be built in the setback area. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 38 637.45 C-1, LOW DENSITY COMMERCIAL DISTRICT The provisions of this district are intended to apply to an area adjacent to major arterial streets and convenient to major residential areas. The types of uses permitted are intended to serve the consumer needs of nearby residential neighborhoods as well as the commercial needs of the motorist. Lot sizes and other restrictions are intended to reduce conflict with adjacent residential uses and to minimize the interruption of traffic along thoroughfares. All buildings in this district shall be considered in the fire district as per the definition in 632.01 and built in conformance with the rules and regulations of fire districts. 637.47 C-1, PRINCIPAL USES AND STRUCTURES The following uses and structures are permitted: A. Retail stores, sales and display rooms. B. Personal service establishments such as beauty and barber shops, laundy and dry cleaning pickup stations, tailor shops and similar uses. C. Professional offices, studios, clinics, laboratories, general offices, business schools, and similar uses. D. Hotels, motels - in no case shall there be more than thirty (30) rental units per net acre; nor shall a rental unit have a floor area less than three hundred (300) square feet. Hotel and motel units containing provisions for cooking or light housekeeping shall have a minimum floor area not less than four hundred (400) square feet. Motels and hotels may not be converted to other types of dwellings at more than the density required in this Ordinance for such dwellings. E. Eating establishments. F. Public and semi-public parks, playgrounds, clubs and lodges, cultural facilities, hospitals, clinics, mortuaries, funeral homes, government offices, schools, churches and similar uses. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 39 G. Banks and financial institutions. H. Commercial recreation such as driving ranges, bowling alleys and similar uses. I. Plant nurseries and greenhouses, providing that all outside display merchandise shall be contained in the required setbacks. J. Repair service establishments, such as household appliances, radio and TV and similar uses, but not including automobile repairs. K. Kindergartens and child care facilities. L. Shopping centers and malls. M. Retail sale of beer and wine for off -premise consumption. 637.49 C-1, ACCESSORY USES AND STRUCTURES Customary accessory uses of one or more of the principal uses clearly incidental and subordinate to the principal use, in keeping with the low density commercial character of the district are permitted. 637.51 C-1, SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT A. After public notice and hearing, the Board of Adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards as set forth in this zoning district. B. The Board of Adjustment may adjust setbacks and provisions noted in Chapter "6 9-as necessary and appropriate in granting special exceptions. C. Veterinary hospitals and clinics. V11 D. Radio and television studios, broadcasting towers and antennas. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 40 E. Automotive Service stations, subject to the following provisions: �l'C 1. All setbacks shall be no less than twenty-five (25) feet from any portion of the building, including pump island. 2. Underground storage is required for all receptacles for combustible materials in excess of fifty-five (55) gallons. Said storage shall comply with all Environmental Protection Agency Standards. 3. The accummulation and storage of waste petroleum products is forbidden unless in compliance with Environmental Protection Agency Standards. 4. Curb cuts shall be made in accordance with Section 639.01(C). 5. No service stations shall be erected or located within one hundred fifty (150) feet of the property line of any church, hospital, school or park. 6. A visual screen, meeting the specifications of Section 639.43, shall be provided along any property line abutting a residential district or residential use. 7. Services and sales permissible include only the following: (a) Spark plugs, batteries, distributor parts, ignition system parts, vehicle wiring, and the like. (b) Exhaust system components, engine cooling components, automotive air conditioning system components, braking system components, vehicle lighting system components, radios, steering assembly parts, fuel system components, and the like. PAGE VISED 19 87 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page Al (c) Tire servicing and repair, but not recapping. (d) Washing and polishing, including the sale of related materials. (e) Greasing, oil changes and other lubrication. (f) Sale of cold drinks, package foods, tobacco and similar convenience goods for service station customers. (g) Road maps, informational materials, restroom facilities. (h) Truck and trailer rentals. 8. .Vehicles shall not be parked outside the building for more than four (4) days, said four (4) days to be considered as an accumulated parking time, whether consecutive or accumulated. 9. Uses permissible at a service station do not include body work, straightening of body parts, painting, welding (other than minor repairs)., storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a body shop. 10. Automotive parts, new or used, shall not be stored outside. 11. Vehicles are not to be dismantled or scrapped for parts. 12. Engine and transmission overhaul may be performed only inside the service bays. 13. Minimum of two (2) enclosed service bays and a customer waiting area must be provided if maintenance and repairs are a part of the business. PA EVISED 19 Y 87 H. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 42 14. A minimum building size of 2,000 square feet shall be provided. 15. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement. 16. Landscaping shall conform to Section 639.43. 17. Service stations shall not be erected. or located within 2,000 feet of the property line of another service station. F. Places in which goods are produced and sold at retail upon the premises. cational and trade schools not involving operations an industrial nature. ommercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises. Also see Section 637.47(m). I. Dry cleaning establishments using non -inflammable solvents and cleaning fluids as determined. by the Fire Chief. J. Retail stores usingoutside display areas providing the following provisions are met: 1. The area of outside display shall not exceed in size one-third (1/3) the enclosed area of the principal structure. 2. The outside display area shall be considered the same as the. floor area for the purpose of calculating off-street parking requirements, setback and lot coverage regulations. New and used automobiles, major recreational equipment and mobile home sales or rentals with accessory services, subject to the following restrictions: 1. All outside areas where merchandise is displayed shall be paved. PAGE EVISED. 19 \87 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 42A 2. All ingress and egress points to abutting streets shallbe marked clearly and placed not closer than one hundred fifty (150) feet apart on the same street. 3. All servicing and repair activities, except gasoline pumps shall be located in an enclosed structure. 4. There shall be no storage of junked or wrecked automobiles, other than temporary storage (not to exceed thirty (30) days), and these vehicles shall be in an enclosed area and not be visible from outside the property. 5. Ingress and egress points shall not be placed so as to endanger pedestrian traffic. L. Single family dwellings, two family dwellings,_ townhouses and multiple family dwellings, provided, however, that in no case shall there be more than fifteen (15) dwelling units per net residential acre. See requirements in the R-2 Zoning Category, Sec. 637.15 ��M.through 637.27. These requirements apply to residential 990construction.in the C-1 District. I � Commercial establishments for the storage or parking of recreational vehicles, trailers and trailerable items, providing it meets the following requirements as a minimum. 1. Minimum lot size of 10,000 square feet. 2. Vehicle storage area must be obscured from view by either walls, fences, or hedges. 3. Walls, fences, and hedges must comply with all City rules and regulations and must be kept in good condition so as to ensure obstruction from view. N. Public utility equipment; uses and rights -of -way essential to serve the neighborhood. in which it is located. 0. Theatres, drive-in theatres, photographic studios, bookstores and dance studios, unless such uses fall within the scope and restrictions of Ordinance No. 18-86. PAGE VISED 19 Y 87 ZONING REGULATIONS CITY OF CAPE CANAVERAL Page 43 637.53 C-1, PROHIBITED USES AND STRUCTURES A. All uses not specifically or provisionally permitted herein. B. Any use which fails to -meet "Performance Standards" specifications as provided in Section 6.15. OIL C. Bottle Clubs. 637.55 C-1, AREA AND DIMENSION REGULATIONS Minimum Lot Area Service Stations, Hotels and Motels: All other principal uses and structures: Minimum Lot Width Service Stations, Hotels and Motels: All other principal uses and structures: Minimum Lot Depth: Maximum Lot Coverage: Minimum Living or Floor Area Hotels and Motels: Hotel and motel units containing provisions for cooking or light housekeeping: 12,000 square feet 5,000 square feet and in addition, the ratio of gross floor area to lot area shall not exceed 1.5:1.0 100 feet 50 feet 100 feet 50 percent 300 square feet per rental unit Not less than 400 square feet. PAGE \REVISED 21 gCC_ 86 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 44 All other principal uses and structures: 300 square feet Maximum Height Hotels and Motels: 45 feet All other principal uses and structures: 40 feet C-1, MINIMUM SETBACK REQUIREMENTS Front: Side (Interior Lot Line): 25 feet (See Note) 0 feet; 25 feet when abutting a residential zoned district. Side (Corner Lot Line): 25 feet Rear: 10 feet; 25 feet when abutting a residential zoned district. Public or Private Street: 25 feet Note: See Section.17 for Special Setbacks. 637.57 C-1, LANDSCAPING, SCREENING AND PARKING 6y/- Defined in Chapter 6.3-9.43 (supplementary District Regulations) of this Ordinance. 637.59 C-1, OFF-STREET PARKING AND ACCESS Off-street parking and access to a public or private street shall be provided in accordance with Chapter-6-3-9= 01. (yl- ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 45 638.01 M-1, LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT The provisions of this district are intended to apply to an area located in close proximity to transporation facilities and which can serve light manufacturing, research and development, distribution and other industrial functions. Restrictions herein are intended to minimize adverse influences of the industrial activities. All principal uses permitted in this zone shall be contained in an enclosed structure. All buildings in this district shall be considered in the fire district as per the definition in 632.01 and built in conformance with the rules and regulations of fire districts. 638.03 M-1, PRINCIPAL USES AND STRUCTURES The following uses and structures are permitted provided any use or group of uses that are developed, either separately, or if developed as a unit with certain site improvements shared in common, provided they meet requirements of Chapter !� y/ A. General offices, studios, clinics, laboratories, data processing and similar uses. B Engineering, laboratory, scientific and research instrumentation and associated uses. C. Manufacturing of: 1. Instruments for controlling, measuring and indicating physical characteristics; 2. Optical instruments and lenses; 3. Surgical, medical and dental instruments and supplies; 4. Ophthalmic goods; 5. Watches, clocks, clockwork operated devices and parts; 6. Photographic equipment and supplies; 7. Jewelry, silverware, plated ware; ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 46 8. Musical instruments and parts; 9. Toys, amusements, sporting and athletic goods; 10. Radio, TV, phonograph and electronics instruments and parts; 11. Pens, pencils and other office and artist materials; 12. Costume jewelry, costumenovelties, buttons, and notions; 13. Other similar uses. D. Mini -Storage and Storage Garages. E. Paint and Body Shops. F. Motor Vehicle Repair Shops, 638.05 M-1, ACCESSORY USES AND STRUCTURES A. Retail sales of products manufactured upon the premises. B. Customary accessory uses of one or more of the principal uses, clearly incidental and subordinate to the principal use in keeping with the light industrial and research and development character of the district. 638.07 M-1, SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT A. After public notice and hearing, the Board of Adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards as set forth in this zoning district. `11 B. The Board of Adjustment iay adjust setbacks and provisions of Section 6-39 43 as deemed necessary and appropriate in granting a special exception. G�II C. Outside storage within provisions of Section 6.3-9:43. D. Freight handling facilities; transportation terminals. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 47 E. Temporary security facilities subject to annual review. F. Service stations, subject to the provisions designated in C-1. G. Veterinary hospitals and clinics, subject to the provisions designated in C-1. H. Storage of liquified petroleum products providing that all such uses comply with the standards set out in the National Fire Protection Association Code. Above ground storage of liquified petroleum products in excess of 3,000 gallons shall be in an established Fire District. I. Recycling activities for the collection of non -hazardous materials, provided that all storage of such materials shall be in approved structures, containers or trailers. J. Radio and T.V. Studios. K. Shopping Center - Provided the shopping center is on a minimum ten (10) acre plot and has a minimum of seventy- five thousand (75,000) square feet of interior space under roof. All shopping centers shall be built in conformance with the criteria for the classification of shopping centers as set forth in the Standard Building Code. L. Public utility equipment; uses and rights -of -way essen- tial to serve the neighborhood in which it is located. M. Adult Entertainment Establishments, subject to the following provisions: 1. Definitions - Where applicable, words or phrases used in this sub -section shall be defined according to Chapter 722 of the Cape Canaveral City Code. 2. Prohibited Locations - Notwithstanding any other provision of the Zoning Ordinance of the City of Cape Canaveral, no person shall cause or permit the establishment of an adult entertainment establish- ment within 500 feet of another such establishment or within 1,000 feet of any pre-existing religious institution, school, public park, or any residen- tially zoned district (R-1, R-2, R-3). This provi- sion shall also apply to adult entertainment estab- lishments, religious institutions, public parks and areas zoned for residential use that lie outside of the City of Cape Canaveral. PAGE ISED 19 FyG�86 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 47A 3. Permissible Locations - Notwithstanding any other provisions of the Zoning Ordinance of the City of Cape Canaveral, except those contained in sub -para- graph (2) Prohibited Locations above, adult enter- tainment establishments shall be allowed in M-1 zoning district by Special Exception. 4. Measurement of Distance - The distance between any two adult entertainment establishments shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such establishment. The distance between any adult entertainment establish- ment and any religious institution, public park or school shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment to the closest property line of the religious institution, public park or school. The distance between any adult entertainment establish- ment and an area zoned for residential use shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment estab- lishment to the nearest boundary of the area zoned for residential use. 5. Amortization of Nonconforming Uses - The operation of an adult entertainment establishment which, on the effective date of this Ordinance, is operating, or is found by a court of law to have had a right to operate, within 500 feet of another such establish- ment; within 1,000 feet of any pre-existing reli- gious institution, school, public park, or area zoned for residential use, shall be discontinued by September 1, 1989, if such business.continues to be within 500 feet of another such business or within 1,000 feet of any religious institution, school, public park, or area zoned for residential use. In the event two or more adult entertainment estab- lishments are located within 500 feet of each other and qualify under this Section as non -conforming uses, the first of said establishments to have ini- tiated operations withinthe City of Cape Canaveral, provided it otherwise complies with all applicable zoning regulations, shall be permitted to continue PAGE VISED 19IU 86 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 47B operation at its established location and the loca- tion of all other adult entertainment establishments that continue to be within 500 feet of said estab- lishment shall be discontinued by September 1, 1989. 6. Waiver - The City Council of the City of Cape Canaveral, Florida, may waive the distance require- ments of Sub -paragraph (4) above if it finds: a. That the proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of the Zoning Ordinance will be observed; b. That all applicable provisions of this Ordi- nance and the City of Cape Canaveral Adult Entertainment Code will be observed; and c. That the proposed use will not be contrary to any adopted land use plan. 6-3-8.07G) PERMANENT SECURITY LIVING FACILITIES Subject to an annual review and the following provisions: 1. Maximum size not to exceed 800 square feet. 2. Security personnel only; no children allowed. 3. Facility to be used exclusively for security purposes. 638.09 M-1, PROHIBITED USES AND STRUCTURES A. All uses not specifically or provisionally permitted herein; and uses not in keeping with the light industrial and research and development character of the district. B. Any use deemed objectionable by the standards established in Chapter -6=3 " (Performance Standards of this Ordinance) . 6,7/ 638.11 M-1, AREA AND DIMENSION REGULATIONS Minimum Lot Area: 10,000 square feet PAGE R VISED 1 7 Ek8 Note: ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 48 Minimum Lot Width: 75 feet Minimum Lot Depth: 100 feet Maximum Lot Coverage: 50 percent Minimum Floor Area: 300 square feet Maximum Height: 40 feet M-1, MINIMUM SETBACK REQUIREMENTS Front: 25 feet (See Note) Side (Interior Lot Line): 15 feet, except where industrial property abuts a residential district, in which case the minimum side interior lot shall be 25 feet Side (Corner Lot Line): 25 feet Rear: 15 feet, except where industrial property abuts a residential district, in which case the minimum rear yard requirement shall be 25 feet. Public or Private Street: 25 feet Gy/ See Section 6-3-9.17 for Special Setbacks. 638.13 M-1, LANDSCAPING, SCREENING AND PARKING Defined in Chapter.£--39 (Supplementary District Regulations) of this Ordinance. 638.15 M-1, PERFORMANCE STANDARDS 6y/ Defined in Chapter 63-9' (Performance Standards) of this Ordinance. 638.17 M-1, PARKING AND LOADING Defined in Chapter (Off-street Parking and Loading Regulations) of this Ordinance. PAGE REVISED 1 MAR 88 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA -6441) TOWNHOUSE REGULATIONS Page 66 Townhouses are permitted as an allowed use in R-2 and R-3 areas. eo3 i 6-4-6-.03 TOWNHOUSE AREA AND DIMENSION REGULATIONS Minimum Area to be Developed 6,250 square feet Minimum Lot Area 1,600 square feet ' ab Minimum Lot Width 1%' feet Minimum Lot Depth 70 feet Maximum Lot Coverage By All Buildings Minimum Floor Area One Bedroom 650 square feet per dwelling unit Two Bedrooms Additional Bedrooms Maximum Building Length or Width YO % of Site Area 750 square feet per dwelling unit 200 square feet per bedroom 185 feet TOWNHOUSE MINIMUM SETBACK REQUIREMENTS Front 25 feet Side, End Unit 8 feet Side, Interior Unit 0 feet Rear 15 feet Side, Corner Lot 25 feet; on all nonconforming lots of record, 15 feet Cs-t�u : [4./ ( D'ec . 3(, lqr 3) 75 r )i l - C� Gt/`t o(,v ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA 637 6A-0-. 0 5 There s 1 be two ( spaces fo each livin nit 1•-. ed on t same prope y as the m- ' n buildin� t Page 67 ,3 ' TOWNHOUSE OFF-STREET PARKING .07 TOWNHOUSE UTILITIES A. All utility distribution systems including, but not limited to, television cable, telephone and electrical systems, shall be installed underground. Primary facilities providing services to the site may be excluded. B. A five (5) foot public access easement shall be provided along each side and across the rear of the site. 639 54= .09 PRESERVATION OF TREES During the development of the subdivision, all trees of four (4) inches in diameter or larger shall be preserved or replaced unless they exist within: A. A proposed public or private easement. B. Proposed structure dimension. C. A proposed driveway or designated parking area. D. Ten (10) feet of a proposed structure. �n3`l -0.11 TOWNHOUSE INDIVIDUALLY PLATTED LOTS Each townhouse unit shall be located on an individually platted lot. If there exists areas for common use of the occupants, the plat will not be approved until satisfactory arrangements are made for maintenance and presented to the City. Individual maintenance procedures shall be submitted to the Planning and Zoning Board to assure that all public areas in common open spaces shall be maintained in a satisfactory manner without expense to the City of Cape Cananveral. Oci 64 0-.13 PROCEDURES The developer must file an application for a Building Permit. The application must be in a format approved by the Building Official and include all elements necessary for multi -family ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 68 construction in accordance with Section 645.05. The expiration date of the Building Permit shall be in accordance with Section 106.3 of the Standard Building Code, as amended. 6-4-0.15 TOWNHOUSE DEVELOPMENT SCHEDULE A development schedule shall be submitted for review to the City of Cape Canaveral Planning and Zoning Board who may approve, approve subject to conditions, or disapprove. When submitted, the development schedule shall indicate: The staging of construction and the staging of open space or other common use areas for conveyance, dedication, or reservation; the geographic stages in 'which the project will be built, the approximate date when construction of each stage shall begin, and its anticipated completion date. Provision for the construction of cultural and recreational facilities which are shown on the siteplan shall proceed at an equivalent or greater rate as the construction of the dwelling units. ORDINANCE NO. 3-89 AN ORDINANCE OF THE CITY OF CAP CANAVERAL, BREVARD COUNTY, FLORI ESTABLISHINGRESIDENTIAL PLANNI:DUNIT DEVELOPMENT REGULATIONS AfS-ECTION 640 OF THE ZONING CODE;/ESTABLISHING RULES AND REGUL�'TI0 ; PROVIDING GUIDELINES; PROVPOING FOR SEVER - ABILITY; REPEALLNG "ALL PORTIONS OF THE CODE It>17.6ONFL%CT HEREWITH; PROVIDING AN/EFFECTIVE DATE. BE IT ORDAIN1 J/by the City Cou?rcil of the City of Cape Canaveral, Breevvard County, Florida, as follo SECTION1. Section 640 of the City of Cap= Canaveral Code of OrdiQances is hereby established as follows: 640.01 RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) PURPOSE AND INTENT The RPUD is a concept which encourages and permits variation in residential development by allowing deviation in lot size, bulk or type of dwellings, density, lot coverage, and open space from that required in any one residential land use classification under the Zoning Regulations of Cape Canaveral. The Purpose of a RPUD is to encourage the devel- opment of planned, residential neighborhoods and communities that provide a full range of residence types designed to serve the inhabitants of the RPUD. It is recognized that only through ingenuity, imagination and flexibility can res- idential developments be produced which are in keeping with the intent of this Section, while departing from the strict application of conventional use and dimension requirements of other zoning districts of Cape Canaveral. This Section is intended to establish procedures and stand- ards for RPUDs within the city, in order that the following objectives may be attained: A. Accumulation of large areas•of usable open spaces for the preservation of natural amenities. B. Flexibility in design to take the greatest advantage of natural land, trees, historical and other features. C. Creation of a variety of housing types and compatible neighborhood arrangements that give the home buyer greater choice in selecting types of environment and living units. D. Allowance of sufficient freedom for the developer to take a creative approach to the use of land and related physical development, as well as, utilizing innovative techniques to enhance the visual character of Cape Canaveral. E. Efficient use of land which may result in smaller street and utility networks and reduce development costs. ORDINANCE NO. 3-89 PAGE 1 OF 19 F. Simplification of the procedure for obtaining approval of proposed developments through simultaneous review by the City of proposed land use, site consideration, lot and setback considerations, public needs and require- ments, and health and safety factors. 640.03 RPUD DEFINITIONS For the purpose of this Section, certain words and terms used herein shall be defined as follows: Words used in the present tense shall include the future tense, words used in the singular number shall include the plural number and words used in the plural number shall in- clude the singular number; and the word "shall" is man- datory, not directive. The word "person" includes any individual, group of persons, firm, corporation, asso- ciation, organization, and any legal public entity. Block - An area delineated within a Stage which is sub- divided into lots for single units and individual ownership. Common Open Space - A parcel or parcels of land, or a com- bination of land and water within the site designated as a RPUD,_and designed and intended for the use or enjoyment of residents of the RPUD. Common open space shall be inte- grated throughout the RPUD to provide for a linked recrea- tional/open space system. Developer - A person, firm, association, syndicate, partner- ship or corporation, who owns land which is developed into a RPUD and who is actually involved in the construction and creation of a RPUD. Development Plan - The total site plan of the RPUD drawn in conformity with the requirements of this Section. Said development plan shall specify and clearly illustrate the location, relationship, design, nature and character of all primary uses, public and private easements, structures, parking areas, public and private roads and common open space. Development Schedule - A comprehensive statement showing the type and extent of development to be completed within the various practicable time limits and the order in which devel- opment is to be undertaken. A development schedule shall contain an exact description of the specific buildings, facilities, common open space, and other improvements to be developed at the end of each time period. Final Development Plan Application - The application for approval of the final development plan and for approval of the required exhibits as specified in this Section. Final Development Plan - The development plan approved by the City Council of the City of Cape Canaveral and recorded with the Clerk of the Circuit Court of Brevard County ac- corqing to the provisions of this Section. Lot - A portion of a Block intended for the construction of one dwelling or the transfer of ownership, or both. Preliminary Development Plan Application - The application for approval of the use of a site as a RPUD and for approval of the required exhibits as specified in this Section. ORDINANCE NO. 3-89 PAGE 2 OF 19 Preliminary Development Plan - The development plan ap- proved by the City Council and filed with approval by the City of a RPUD Zone. Residential Planned Unit Development or RPUD - An area of land developed as a single entity, or in approved stages in conformity with a final development plan by a developer or group of developers acting jointly, which is totally planned to provide for a variety of residential uses and common open space. Site - The actual physical area to be developed as a RPUD, including the natural and created characteristics of said area. Site Plan - Detailed, dimensional plan at a reproducible scale providing information and graphic depiction of all physical development relationships to occur within a tract of a RPUD. Stage - A specified portion of the RPUD that may be devel- oped as an independent entity that is delineated in the preliminary and final development plan and specified within the development schedule. Tract - An area delineated within a Stage (except single unit lots) which is separate unto itself having a specific legal description of its boundaries. A "tract" will delin- eate all land uses such as common open space, recreational area, residential areas (except single unit lots) and all other applicable areas. 640.05 RPUD PERMITTED USES. Uses permitted in the RPUD may include and shall be limited to the following: Single family detached dwelling units; multi -family residential dwelling units (including apart- ments) in semi-detached, attached, and multi -storied structures. 640.07 RPUD COMMON OPEN SPACE, DRAINAGE SYSTEMS, PRIVATE ROADS, AND OTHER RELATED COMMON FACILITIES A. All common facilities shall be maintained for their in- tended purpose as expressed in the final development plan. One method, or a combination of the following methods, shall be utilized for maintaining common facil- ities: 1. Public dedication to the City. This method is sub- ject to formal acceptance by the City in its sole discretion. 2. Establishment of an association or non-profit cor- poration of all individuals or corporations owning property within the RPUD to insure the maintenance of all common facilities. 13. Retention of ownership, control and maintenance of common facilities by the developer. B. A privately owned common open space shall continue to conform to its intended use and remain as expressed in the final development plan through the inclusion in all deeds of appropriate restrictions to insure that the common open space is permanently preserved according to ORDINANCE NO. 3-89 PAGE 3 OF 19 the final development plan. Said deed restrictions shall run with the land and be for the benefit of present as well as future property owners and shall con- tain a prohibition against partition. C. All common open space, as well as public and recrea- tional facilities, shall be specifically included in the development schedule and be constructed and fully im- proved by the developer at an equivalent or greater rate than the construction of residential structures. D. If the developer elects to administer common open space through an association or non-profit corporation, said organization shall conform to the following require- ments: 1. The developer must establish the association or non- profit corporation prior to the sale of any lots, parcels, tracts, or dwelling units. 2. Membership in the association or non-profit cor- poration shall be mandatory for all residential property owners within the RPUD and said association or corporation shall not discriminate in its members - or shareholders. 3. The association or non-profit corporation shall manage all common open space and recreational and cultural facilities that are not dedicated to the public, shall provide for the maintenance, admin- istration and operation of said land and any other land within the RPUD not publicly or privately owned, and shall secure adequate liability insurance on the land. 4. If the developer elects an association or non-profit corporation as a method of administering common open space, the title to all residential property owners shall include an undivided fee simple estate in all common open space or appropriate shares in the assoc- iation. 5. The developer shall turn over control of the Asso- ciation in an orderly manner consistent with Florida Statute 718 regulating Condominium Associations, as though it was a condominium development. 640.09 RPUD LAND USE REGULATIONS A. Minimum Size The minimum size for a RPUD shall be ten (10) acres. B. Maximum Density The average density permitted in each RPUD shall be es- tablished by the City Council, upon recommendation of ,the Planning and Zoning Board. The criteria for estab- lishing an average density includes existing zoning, adequacy of existing and proposed public facilities and services, site characteristics, and the recommended density of any land use involving the area in question. In no case shall maximum density permitted exceed fif- teen (15) dwelling units per acre and in no case shall the overall number of dwelling units permitted in the ORDINANCE NO. 3-89 PAGE 4 OF 19 RPUD be inordinately allocated to any particular portion of the total site area. Where a developer elects to develop the property in stages, the cumulative density with each subsequent stage must beapproximately the same as the overall density approved for the entire project in that such cumulative density shall not vary upward more than two (2) units per acre, and that upon completion of all stages, the final density shall be equal to the density approved in the Preliminary Development Plan. C. Minimum Common Recreation and Open Space 1. Twenty-five percent (25%) of the gross site acreage shall be delineated as tracts for common recreation and open space. 2. "Common recreation and open space" shall be defined as the total amount of improved usable area, in- cluding outdoor space, permanently set aside and designated on the site plan as recreational or open space for use by residents of the RPUD. Common open space shall be integrated throughout the RPUD to -provide for a linked recreational/open space system. Such usable space may be in the form of active or passive recreation areas including but not limited to: playgrounds, golf courses, beach frontage, nature trails, and lakes. Common open space shall be improved to the extent necessary to complement the residential uses and may contain compatible and complementary structures for the benefit and enjoy- ment of the residents of the RPUD. Easements, parking areas, perimeter setback areas, road rights - of -way and minimum yards, and minimum spacings between dwelling units may not be included in deter- mining open space. Perimeter setback areas may be included as open space if improvements such as bikeways and pedestrian ways are provided. Water bodies may be used to partially fulfill common open space requirements; calculations for such may not exceed fifty percent of the required open space. The exclusion of water bodies which are in whole or part drainage easements may be waived by the City Council after adequate measures are provided which guarantee in perpetuity a level of water quality acceptable for recreational purposes. Private navigable canals shall not be utilized in fulfilling the common open space requirement. If golf courses are used to partially fulfill common open space re- quirements, calculations for such may not exceed sixty percent of the required open space. Where a golf course is utilized to partially fulfill the open space requirement, other facilities to meet the active residential needs of children and adults shall be provided. All water areas included as part of the open space requirement shall be permanent water bodies and shall be improved with 3:1 minimum sloped edge extending at least 20 feet into the water areas, and planted with grass and maintained around all sides so as not to harbor mosquitoes, insects and rodents, unless it is determined by an environmental review of the water body that such slope or improvements would be detrimental to the ecology of such water body site. ORDINANCE NO. 3-89 PAGE 5 OF 19 D. Minimum Lot Area, Frontage and Setbacks; and Accessory Uses 1. Minimum lot size for detached single-family struc- tures: An area not less than six thousand (6,000) square feet and having a width of not less than sixty (60) feet. The minimum lot size requirement may be waived by the City Council if the proposed lot(s) all have substantial relationship to the common open space (e.g. directly adjacent or abut a common open space area) and the arrangement of dwelling units provides for adequate separation of units and the living area of the dwelling unit(s) is properly related to the configuration of the pro- posed lots. All lots to be platted at less than seven thousand five hundred (7,500) square feet shall be required to have the location of structures set forth on the final development plan. 2. Each dwelling unit or other permitted use shall have access to a public street either directly or in- directly via paved road, pedestrian way, court or other area dedicated to public or private use of common easement guaranteeing access. Permitted uses are not required to front on a public dedicated road. The City shall be allowed access on privately owned roads, easements and common open space to insure the police and fire protection of the area to meet emer- gency needs, to conduct City services, and to generally insure the health and safety of the res- idents of the RPUD. 3. Minimum distances between structures and setback shall be: Single-family detached structure - structure shall set back not less than eight (8) feet from the side lot lines and not less than fif- teen (15) feet from the rear lot line. On a corner lot, the side street setback shall be not less than twenty-five (25) feet. The City Council may, upon recommendation of Planning and Zoning Board, reduce the required side setbacks and the distances between structures provided that proposed structures do not abut utility easements or otherwise affect the ability to provide and maintain utility service to each lot to provide the usage of zero lot line appli- cation and other innovative building techniques. Between structures of 2 stories or less - 15 feet Between structures of 3 stories - 20 feet Between structures of 4 stories - 25 feet Between structures over 4 stories - 5 feet for each additional story Between structures of varying heights, the larger distance separation shall be required. Buildings shall not exceed the maximum height al- lowed in the zoning district in which they are constructed. ORDINANCE NO. 3-89 PAGE 6 OF 19 4. Setbacks required between the nearest part of any building wall and the edge of any public right-of- way or private street pavement shall be twenty-five (25) feet unless waived by the City Council based on the recommendation of the Planning and Zoning Board. A minimum twenty-five (25) foot setback shall be maintained between the walls of all structures and the property line along the perimeter of the RPUD unless waived by the City Council. 5. On property bordering the ocean, a minimum of twenty- five (25) percent of the frontage shall be left open as breezeway. 6. On property bordering the ocean, all structures shall be set back at least fifty (50) feet from the bluff line or vegetation line, whichever is greater, provided such setback is also subject"to the Coastal Setback Line established by the Department of Natural Resources of the State of Florida. On all property bordering other major waterways, all struc- tures shall be setback at least twenty-five (25) feet from the established shoreline. This setback shall be free of all uses. E. Maximum Length of Structures One hundred eighty-five (185) feet unless an excess is specifically authorized by the City Council, as recom- mended by the Planning and Zoning Board. F. Minimum Floor Area Per Unit Single family dwellings, - 1100 square feet attached or detached, unless waived by City Council Duplex - 750 square feet Multi -family dwellings: Efficiency - 450 square feet One bedroom - 650 square feet Two bedrooms - 750 square feet Three bedrooms - 950 square feet G. Off-street Parking 1. Primary residential uses: A minimum of three (3) parking spaces per dwelling unit shall be provided unless a reduction in parking is specifically author- ized by the City Council as recommended by the Planning and Zoning Board. Each space must contain at least 200 square feet of area and be convenient to residential use. Parking areas shall not be sep- arated from associated structures by any public right-of-way. Parking areas shall be landscaped in accordance with Section 639.44 of the Zoning Or- dinance of Cape Canaveral, Florida. 2. Where the RPUD consists of single-family detached dwellings on platted lots of less than 6,600 square feet, the developer may be required to provide an approved designated common area for the parking of campers, travel trailers, recreational trailers and ORDINANCE NO. 3-89 PAGE 7 OF 19 vehicles, boats and boat trailers, and other similar vehicles. H. Underground Utilities Within the RPUD, all utilities including telephone, tele- vision cable, and electrical systems shall be installed underground. Primary facilities providing service to the site of the RPUD may be exempted from this require- ment. Large transformers shall be placed on the ground and contained within pad mounts, enclosures or vaults. The developer must provide landscaping with shrubs and plants to screen all utility facilities permitted above ground. The Planning and Zoning Board may require that substations be screened by trees and shrubs or walls resembling a structure which is compatible with the de- sign of the buildings within the RPUD. I. Development Standards The minimum construction requirements for streets or roads, sidewalks, sewer facilities, utilities and drainage shall be in compliance with the requirements of the City Zoning and Building Regulations. Design re- quirements with respect to streets, sidewalks, and drainage may be waived by the City Council upon the rec- ommendation of the Planning and Zoning Board. J. Preservation of Trees Within the RPUD, trees shall be preserved in accordance with Chapter 657 of the Code of Ordinances of the City of Cape Canaveral. 640.11 RPUD CLASSIFICATION OF APPLICATIONS The application sequence and nomenclature for each appli- cation level shall take the form as outlined below. These outlines reflect the Procedures for Preliminary Plan Applica- tion and Final Plan Application (this outline shows a two stage example). A. Preliminary Development Plan B. Final Development Plan 1. Final Development Plan, Stage One a. Stage One, Tract A Site Plan b. Stage One, Tract B Site Plan c. Stage One, Tract F Site Plan 2. Final Development Plan, Stage Two a. Stage Two, Tract E Site Plan b. Stage Two, Tract C Site Plan c. Stage Two, Tract D Site Plan 640.13 RPUD PROCEDURE FOR RECEIVING APPROVAL OF A PRELIM- INARY DEVELOPEMNT PLAN AND TENTATIVE ZONING A. Tentative Development Plan Before submission of a preliminary application for ap- proval as a RPUD zone, the developer and his registered engineer, architect, and site planner are encouraged to ORDINANCE NO. 3-89 PAGE 8 OF 19 meet with the Building Official and such other personnel as necessary to determine the feasibility and suit- ability of his application. This step is encouraged so that the developer may obtain information and guidance from City personnel before entering into any binding commitments or incurring substantial expenses of site plan preparation. B. Preliminary Development Plan Application 1. Preliminary Application. A preliminary application shall be submitted to the Planning and Zoning Board by the developer requesting approval of the site as a RPUD zone, see sub -section (3) below. Said prelim- inary application shall contain the name of the developer, surveyor and engineer who prepared the development plan and topographic data map, and the name of the proposed RPUD. 2. Exhibits. The following exhibits shall be attached to the preliminary application: a. Vicinity map indicating the relationship between the RPUD and its surrounding area including ad- jacent streets and thoroughfares. b. Development plan that shall contain, but not be limited to, the following information: (1) Proposed name or title of project, and the name of the engineer, architect, and developer. (2) North arrow, scale (1" - 200' or larger) date and legal description of the proposed site. (3) Boundaries of tract shown with bearings, distances, closures and bulkhead lines. All existing easements, section lines, and all existing streets and physical features in and adjoining the project, and the existing zoning. (4) Name and location of adjoining developments and subdivisions. (5) Proposed parks, school sites, or other public or private open space. (6) Vehicular and pedestrian cir.culation systems, including off-street parking and loading areas, driveways, and access points. (7) Site data, including tabulation of the total number of gross acres in the project, the acreage to be devoted to each of the several types of primary residential and secondary non-residential uses, and the total number of dwelling units. (8) Proposed common open space, including the proposed improvements and any complementary structures and the tabulation of the per- cent of the total area devoted to common ORDINANCE NO. 3-89 PAGE 9 OF 19 open space. Areas qualifying for common open space shall be specifically designated on the site plan. (9) Delineation of specific areas designated as a proposed stage. (10) General statement, including graphics, in- dicating proposed corridors of drainage and direction, natural drainage areas, specific areas which are to function as retention lakes/ponds, anticipated method for accommo- dating run-off (curb/gutter, swales, other) and treatment methods for discharge into area waterways for the site to insure con- formity with natural drainage within the vicinity area or with the drainage plan established within the vicinity area. (11) General location within site of each primary residential and secondary non-resi- dential use, and the proposed amount of land to be devoted to individual ownership. (12) Schematic drawing of the elevation and architectural construction of the proposed primary and secondary non-residential structures. (13) The proposed method of dedication and admin- istration of proposed common open space. c. Topographic data map drawn to a scale of two hundred (200) feet to one (1) inch or larger by a registered surveyor and/or engineer showing: (1) The location of existing property lines both for private property and public property, streets, buildings, water courses, transmission lines, sewers, bridges, culverts and drain pipes, water mains, and any public utility easements. (2) Wooded areas, streams, lakes, marshes, and any physical conditions affecting the site. (3) Existing contours based on U. S. Coast and Geodetic data with a contour interval of two (2) feet and proposed finished ele- vations. 3. Submittal a. The RPUD Zoning Application and Preliminary De- velopment Plan shall be submitted to the Planning and Zoning Board at least forty-five (45 days) prior to any regularly scheduled meeting of the Board. b. The application shall include six (6) black or blueline prints of the development plan of the proposed RPUD and a minimum of two (2) copies of the required exhibits. 4. Application Review. The preliminary development plan shall be reviewed formally by 'the Building ORDINANCE NO. 3-89 PAGE 10 OF 19 Official and City Council to determine the feasi- bility and suitability of the plan prior to the sub- mission of the RPUD zoning application to the Planning and Zoning Board. The Planning and Zoning Board shall then review said preliminary development plan to determine its conformity with the official plans and policies of the City of Cape Canaveral and the requirements of this Section. Upon completion of its review, the Planning and Zoning Board shall recommend to the City Council, the approval, approval subject to conditions, or disapproval of the preliminary development plan ap- plication. 5. Review Criteria. The decision of the Planning and Zoning Board on the preliminary development plan application shall include the findings of fact that serve as a basis for its recommendation. In making, its recommendation, the Planning and Zoning Board shall consider the following facts: a. Degree of departure of proposed RPUD from sur- rounding residential areas in terms of character and density. b. Compatibility within the RPUD and relationship with surrounding neighborhoods. c. Prevention of erosion and degrading of sur- rounding areas. d. Provision for future public education and recreation facilities, transportation, water supply, sewage disposal, surface drainage, flood control and soil conservation as shown in the preliminary development plan. e. The nature, intent and compatibility of common open space, including the proposed method for the maintenance and conservation of said common open space. f. The feasibility and compatibility of the specified stages contained in the preliminary development plan to exist as an independent development. g• The availability and adequacy of water and sewer service to support the proposed RPUD. h. The availability and adequacy of primary streets and thoroughfares to support traffic to be gen- erated within the proposed RPUD. i. The benefits within the proposed development and to the general public to justify the requested departure from the standard land use require- ments inherent in a RPUD classification. j• The conformity and compatibility of the RPUD with any adopted development plan of the City. k. The conformity and compatibility of the proposed common open space, primary residential and ORDINANCE NO. 3-89 PAGE 11 OF 19 secondary non-residential uses within the pro- posed RPUD. 6. Review by the City Council. Upon receiving the re- commendation of the Planning and Zoning Board, the City Council shall, at a regularly scheduled meeting, review said recommendation and preliminary development plan and either approve, approve subject to conditions, or disapprove the preliminary develop- ment plan application. Approval of the preliminary development plan indicates approval of the RPUD Zoning subject to acceptance of the final develop- ment plan. The decision of the City Council shall be based upon a consideration of the facts specified as review criteria for the Planning and Zoning Board in Sub -section "5" above. 7. Recordation of Preliminary Application. In the event the preliminary development plan application is approved by the City Council, a copy of said ap- plication and required exhibits shall be filed with the City Clerk as a permanent record. 640.15 RPUD PROCEDURE FOR SECURING APPROVAL OF A FINAL _ DEVELOPMENT PLAN The developer shall have two (2) years from the approval of the preliminary development plan for a RPUD zone in which to file a final development plan application for the entire property or any stage thereof. At the request of the developer, and for good cause shown, the City Council may extend said period required for filing of said application for a time certain. A. Application Procedure. 1. Pre -Application Conference - The applicant shall meet with the Building Department to discuss the basic final development plan requirements outlined herein before submittal of the Final Development Plan. 2. Submittal - The final development plan shall be sub- mitted to the Planning and Zoning Board at least forty-five (45) days prior to any regularly sched- uled meeting of the Board. 3. The Planning and Zoning Board shall recommend the approval, approval subject to conditions, or dis- approval of the final development plan based upon substantial conformity with the preliminary develop- ment plan, the sufficiency and accurateness of the required exhibits, and the requirements and purposes of this Section and the Ordinances and Regulations of Cape Canaveral. If the Planning and Zoning Board determines that the Final Development Plan is not substantially in conformance with the approved Pre- liminary Development Plan, the Planning and Zoning Board shall review the Final Development Plan and determine the acceptability of said plan in view of the preliminary concept as approved and recorded. The Planning and Zoning Board shall recommend the approval, approval subject to change, or disapproval of the Final Development Plan. ORDINANCE NO. 3-89 PAGE 12 OF 19 4. The City Council shall review the recommendations of the Planning and Zoning Board at a regular meeting of the City Council and shall approve, approve sub- ject to conditions, or disapprove the applicable Final Development Plan. B. The Final Development Plan application may request ap- proval for the entire RPUD or any stage designated in the Preliminary Development Plan containing a minimum of ten (10) acres. 1. The following exhibits shall be attached to the Final Development Plan application: a. Engineering Plans: The following engineering drawings depicting the detailed plans for services and utilities to serve all tracts, blocks, and other areas shall be provided. (1) The Drainage Plan shall indicate: - One foot interval contours based upon coast and geodetic datum. - Proposed finished elevation of each building site and first floor level. - All existing and proposed drainage con- trol and treatment facilities, including the method(s) for non -point pollution source treatment, with sizes, grades, and other appropriate structural or non- structural specification. - Proposed orderly disposal of surface water runoff. - Centerline elevations along adjacent streets. (2) If deemed necessary by the City, subsurface conditions within property including the location and results of tests made to ascer- tain the conditions of subsurface soil, rock, and groundwater, and the existing depth of groundwater. (3) Typical cross-section of proposed grading, streets and sidewalks, swales, retention ponds/lakes, canals, and waterways. (4) Proposed type of pavement in accordance with City specifications. (5) Layout of water distribution, sanitary sewer and storm drainage systems, with grades and sizes indicated. (6) Final engineering drawing of water, sani- tary sewer and storm drainage systems and sidewalks, streets, bulkheads, street name signs, and adequate lighting. Said engineering plans shall be in conformity with the requirements and specifications of the City. All dimensions shall be 1" = 50' and all angles to the'nearest minute. b. Final Development Plan containing the following information: ORDINANCE NO. 3-89 PAGE 13 OF 19 (1) Dedication by owner and completion of certi- ficate of surveyor. (2) The location and dimensions of each primary residential, secondary non-residential, and open space/recreational tract, including each tract's points of ingress and egress. The legal description of each of the afore- mentioned tracts and the specific number of units, including the range of unit types to be constructed within each tract. These items will be affixed to the original linen drawing for recording purposes. (3) Location and width of canals and waterways. (4) The location, dimensions, and legal descrip- tion of each reservation, easement, street, or any area to be dedicated to public use. (5) Sufficient data to determine readily and reproduce on the site the location, bearing and length of every street, line, lot line, boundary line, block line, and tract line whether curved or straight. (6) The radius, central angle,' point of tan- gent, tangent distance and arcs and chords of all curved property lines. (7) A legal description of the RPUD boundaries with bearings, distances and tie point. (8) Accurate location and description of all monuments and markers. An original linen drawing in india ink of the Final Development Plan shall be filed plus five (5) black or blueline prints. AL1 dimensions should be 1" = 100', and angles to the nearest second. The Final Development Plan shall be prop- erly signed and executed by the developer as required for recording. The Final Development Plan shall meet the platting requirements of Florida Statutes, Chapter 177, and all requirements and conditions of the City's Regulations applicable to sub- division plats required to be performed or met prior to recordation including, but not limited to, installation and completion of improvements or posting of applicable performance and main- tenance bonds. c. Development Schedule: The development schedule shall contain the following information: (1) The order of construction of the tracts and blocks as delineated in the stage develop- ment plan. (2) The proposed dates for the beginning of construction of said tracts and blocks. ORDINANCE NO. 3-89 PAGE 14 OF 19 g• (3) The proposed date for the completion of construction of said tracts and blocks. (4) The proposed schedule for the construction and improvement of common open space with the stage including any complementary buildings. d. Deed Restrictions: Deed restriction proposals to preserve the character of the common open space as set forth above. Said deed restric- tions shall include a prohibition against partition by any residential property owner. e. Association or Non-profit Corporation: If the developer elects this method of administering common open space, the proposed by-laws of the association or the certificate of incorporation and the corporate by-laws of the non-profit cor- poration shall be submitted for approval by the City. f. Instruments: Instruments dedicating all rights - of -way, easements and other public lands shown on the Final Development Plan from all persons having any interest in said land. Bill of Sale: A bill of sale, conveying to the applicable authority, water and'sewer utility lines, mains, lift stations, and other personal property required to be installed by this Section. h. Instruments: Indicating that all necessary off -site easements or dedications have been ac- quired. In lieu of originals, "certified true copies" will be accepted if the recording infor- mation from the public records of Brevard County, Florida is included thereon. i. Title Opinion: A title opinion from an attorney showing the status of the title to the site en- compassed by the Final Development Plan and all liens, encumbrances and defects, if any. 2. Recording of Final Development Plan a After approval by the City Council of the Final Development Plan application, the Developer shall record said plan in the public records of Brevard County, Florida. No Final Development Plan of a RPUD within the City of Cape Canaveral shall be recorded unless it shall have the ap- proval of the City Council inscribed thereon. b. The transfer of, sale of, agreement to sell, negotiation to sell land by reference to or exhibition of, or other use of a Final Development Plan of a RPUD, or portion thereof that has not been given final approval by the City Council is prohibited. The description by metes and bounds in the instrument of transfer or other documents shall not exempt the transaction from such prohibition. ORDINANCE NO. 3-89 PAGE 15 OF 19, 3. Site:Plans. Submittal and approval of a Site Plan in conformity with the requirements of this Sub- section shall be required of the developer or owner at the same time he is applying for a Final Develop- ment Plan. a. Site Plan Requirements: The Site Plan shall contain the following information, however, the information required may not be limited to these information items. No site plan shall be accept- ed for review which does not contain all the information stated below: (1) The site plan shall have a title affixed which is consistent with the application nomenclature outlined in Section 640.13. (2) The name of the owner and the designer/engi- neer/architect responsible for the design of the proposed tract development. (3) Each tract site plan shall have a vicinity map indicating the tract's general location within the total area of the RPUD. (4) Special requirements specified at either the Preliminary or Final Development Plan application steps, if any. (5) Date, north arrow and graphic scale (not less than one (1) inch equals fifty (50) feet. (6) A tabulation of certain data shall be pro- vided: - gross acreage - density - number of units proposed - percent of the tract covered by structures - floor area of dwelling units - number of proposed parking spaces (7) Location of the tract in relation to properties adjacent to it which are not part of the RPUD and the location of any screening or buffers on such properties. (8) Location and dimensions of all property lines, existing rights -of -way`, utility drainage easements and existing streets. (9) Location and dimension of all existing and proposed pavement driveway approaches, side- walks, bikeways, curbs and gutters. (10) Location and dimension of all existing and proposed parking areas and loading areas. (11) Location and dimensions of all existing and proposed fire hydrants, meters, water and sewer lines, and subsurface power lines. (12) Location, size, and design of landscaped areas, including any existing trees. ORDINANCE NO. 3-89 PAGE 16 OF 19 (13) Location and size of any lakes, ponds, canals or other waters or waterways. (14) All structures and major features fully dimensioned including setbacks and dis- tances between structures. (15) Location and dimensions of all solid waste disposal sites for placements of recep- tacles. (16) Engineering plans as described in the Final Development Plan procedures. The Drainage Plan shall be consistent with the overall drainage plan approval for the Final Devel- opment Plan. b. Final Approval. The City Council shall approve a RPUD Site Plan if it meets all the require- ments stated herein and is consistent with the approved Final Development Plan. Upon the Site Plan being approved and a building permit being issued, the development shall be built substan- tially in accordance with the Site Plan and the associated specifications. If after such ap- proval, the owner/applicant or his successors desire to make any changes to said Site Plan, such changes shall first be submitted to the Building Official. If the Building Official deems that there is a substantial change or deviation from that which is shown on the approved Site Plan, the owner/applicant or his successors shall be required to return to the Planning and Zoning Board and the City Council where it is determined that the public interest warrants same. Upon final approval of the Site Plan, a design- ation of such approval shall be incorporated on the Official Zoning Map of the City of Cape Canaveral and said approval shall become a binding condition on the use of the land encom- passed by the approved Site Plan under the applicable RPUD Zone. Upon approval of the Final Development Plan, the developer may sell or transfer any separately identified parcel or tract of land within the boundaries of the Final Development Plan not designated as common open space or areas spec- ified for the use of all owners with the RPUD. 640.17 RPUD PHYSICAL REVIEW The City shall have the right to evaluate the physical lay- out, architectural characteristics, and amenities of the RPUD and to suggest changes or modifications designed to create compatibililty and conformity in the variety of uses within the development to insure, protect and promote the health, safety and general welfare of the property owners of the RPUD and the residents of the City of Cape Canaveral. 640.19 RPUD BUILDING PERMIT No building permit shall be issued by the City of Cape Canaveral until the final development plan and the appli- cable Site Plan have been approved and duly recorded, and until all required fees have been paid. ORDINANCE NO. 3-89 PAGE 17 OF 19 640.21 RPUD BONDING Prior to the commencement of construction within a tract or block of a RPUD, the developer shall file with the City of Cape Canaveral the following contracts and bonds: A. A performance, labor and material payment bond for the completion of the construction within one (1) year from the date of commencement of construction of all public improvements specified in the final development plan. B. A performance, labor and material payment bond for the completion of the construction within one (1) year from the date of commencement of construction of all common open areas designated in the final development plan. C. A maintenance warranty bond in the amount of ten (10) percent of the total cost of the construction of all public improvements to be in force for a period of two (2) years following acceptance by the City of the final construction of said public improvements. D. In lieu of any bond, the developer may use an escrow account to insure the performance of the construction as planned if said account and the administration thereof is approved by the City Council. Performance bonds may only be accepted for.public improve- ments or for the following private improvements: streets, drainage and common usable open space. All such bonds shall be from a company licensed as a surety in the State of Florida, listed by the U.S. Treasury Deparatment and rated A:AAA in Best's Insurance Guide. Upon Acceptance of all improvements described in Sub -sections "A" and "B" above, said performance and payment bonds shall be released. All of the provisions relating to bonding contained in the Subdivision Regulations of the City of Cape Canaveral shall be fully applicable to the bonds required under this Section. 640.23 RPUD TERMINATION ZONE A. Any owner of all or a portion of land that has been des- ignated a RPUD under the provisions of this Section can apply to the City for the termination of that portion of a state within an approved final development plan within which his property is located if construction has not been commenced pursuant to said final development plan. The procedure for said termination shall be that applicable to a land use classification change under the Zoning Regulations of the City of Cape Canaveral. B. Failure of the developer to submit a final development plan for the entire development or a stage within the time periods specified in Section 640.11 shall automat- ically revoke approval of the complete preliminary 1 development plan filed under Section 640.13 and the site shall revert to the previous Zoning Classification and the Official Zoning Map shall be changed accordingly to reflect such revocation. 640.25 RPUD ENFORCEMENT In addition to any other method of enforcement, the City shall have the power to enforce the provisions of this Section by an appropriate suit in equity. ORDINANCE NO. 3-89 PAGE 18 OF 19 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 49 63-:01 OFF-STREET PARKING REGULATIONS Gy/ A. Requirements for Off -Street Parking. There shall be provided at the time of the erection or change of use of any main building or structure, or at the time any main building or structure is enlarged or increased in capacity by adding dwelling 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: 1. Auditorium, Theatres, Clubs, Lodges, Restaurants and Other Places of Assembly. One (1) space for each three (3) seats or seating places, or one (1) space for everyone hundred (100) square feet of floor area of the main assembly hall, whichever is greater. 2. Churches, Temples or places of Worship. One (1) space for each four (4) seats or seating places, or one (1) space for each one hundred twenty-five (125) square feet of floor area of the main assembly hall, whichever is greater. 3. Hospitals. Two (2) spaces for each patient bed plus one (1) space for each employee on the largest work shift. 4. Libraries, Museums. Off-street parking spaces equal in area to fifty (50) percent of the floor area open to the public. 5. Manufacturing and Industrial Uses. One (.1) space for each employee on the largest work shift. Medical or Dental Clinics. Three (3) spaces for each examination or treatment room plus one (1) space for each employee. 7. Mortuaries. One (1) space for each five (5) seats or seating places, exclusive of areas needed for ambulances. 8. Nursing or Convalescent Homes and Sanitariums. One (1) space for each four (4) patient beds plus one (1) space for each employee on the largest work shift. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 50 9. Commercial, Office and Professional Buildings (excluding Medical and Dental Clinics). One (1) space for each three hundred (300) square feet of gross floor area. 10. Public Buildings. One (1) space for each five (5) seats or seating places or one (1) space for every one hundred fifty (150) square feet of floor area in the main assembly room, whichever is greater. 11. Residential Uses (including Single, Two and Multiple Family Dwellings and Mobile Homes). Two (2) spaces for each living unit. 12. Colleges, Technical and Vocational Schools. One (1) space for each student and faculty member. 13. Hotels/Motels. One (1) space for each sleeping unit, plus one (1) space for twelve (12) sleeping units for employee parking. 14. All Other Uses. To be determined by the Building Official of the City of Cape Canaveral, who shall use the above ratios as a standard for determining the requirements. B. Location of Off -Street Parking Spaces 1. Parking spaces for all residental uses shall be located on the same property as the main building, except that one-half (1/2) the total number of required spaces for multiple -family dwellings, townhouses and mobile homes may be located in a common parking facility not more than two hundred '(200) feet distant from the nearest boundary of the site. 2. Parking spaces for other uses shall be provided on the same lot or not more than five hundred (500) feet distant. 3. Parking requirements for two (2) or more uses of the same or different types, may be satisfied by the allocation of the required number of spaces for each use in a common parking facility. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 51 4. Required off-street parking areas for seven (7) or more automobiles shall have individual spaces marked, and shall be so designed, maintained and regulated that no parking or maneuvering shall be on any landscaped buffer, public street, walk, or alley, and so that any automobile may be parked/unparked without moving another,. allowing however, a driveway or driveways of not more than twenty-four (24) feet total on any street or alley for ingress or egress to said off-street parking area. C. In order to promote the safety of (the) motorist and the pedestrian, and to minimize traffic congestion and conflict by reducing the magnitude of and the points of contact, the following regulations shall apply: 1. A point of access (a driveway or other opening for vehicles onto a public street) shall not exceed twenty-four (24) feet in width, except as otherwise provided in this section. 2. The maximum number of points of access permitted onto any one street shall be as follows: Lot Width Abutting Street Less than 65 feet 65 feet - 200 feet Over 200 feet Number of Points of Access One (1) Two (2) Two (2), plus one (1) for each additional 200 feet or fraction thereof. 3. In lieu of any two (2) openings permitted on any one street, there may be permitted a single point of access up to thirty-five (35) feet in width. However, service stations shall be permitted two (2) openings not to exceed thirty-five (35) feet each in width, along any abutting public street, provided that such property abuts such street for a distance of not less than one hundred twenty (120) feet. 4. There shall be a minimum distance of twelve (12) feet between any two (2) openings onto the same street. RE \ISION ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 51A 5. No point of access shall be allowed within thirty (30) feet of the intersection of the right-of-way lines of any public street. 6. No curbs shall be cut or altered, and no point of access or opening for vehicles onto a public street shall be established, without a permit issued by the City Building Department. 7. Projects for which a site plan is required, such as plaza developments, compound uses and shopping centers, shall be considered on an individual basis and may deviate from these requirements in the interest of traffic safety, upon recommendation by the Planning and Zoning Board. 8. One (1), two (2) and three (3) family dwelling units be exempt from all of the provisions of Section 1(C). 6a. (0yl 649.0 OFF-STREET LOADING A. Requirements for Off -Street Loading Spaces 1. Every permitted use requiring the receipt or distribution by vehicles of materials or merchandise and having a floor area of ten thousand (10,000) square feet or more, shall have at least one (1) permanently maintained off-street loading space for each ten thousand (10,000) square feet or fraction thereof of gross floor area. 2. 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 movement of vehicles and pedestrians over a sidewalk, street or alley. B. Location and Dimensions of Off -Street Loading Space Loading Space. Each space shall have direct access to an alley or street and shall have the following minimum dimensions: Length: 45 feet Width: 12 feet Height: 14 feet ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 52 .6 9r.05 HOME OCCUPATIONS -63.07 PERMITTED HOME OCCUPATIONS Customary home occupations which are incidental to the permitted residential use shall be allowed in any district which permits home occupations. !AL(( -649-.09 HOME OCCUPATION REQUIREMENTS A. Home occupations are permitted within the confines of any dwelling unit, provided all restrictions of Section 6-39-.09 are complied with. GY I B. The primary use of the building shall remain residential and the operator of the home occupation shall remain a resident thereof. C. No structural additions, enlargements or exterior alterations changing the residential appearance to a business or commercial appearance shall be permitted. D. No home occupation shall occupy an area greater than twenty-five percent (25%) of the first floor area of the dwelling unit, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. No rooms which have been constructed as an addition to the residence, nor any attached garage or porch which has been converted into living quarters, shall be considered as floor area until two (2) years after the date of completion thereof. E. No additional and separate entrance incongruent with the residential structural design shall be constructed for the purpose of conducting the home occupation. F. The home occupation shall be conducted entirely within the dwelling unit used as the residence. G. For single family, .duplex or townhouse structures, no display of goods or external evidence of the home occupation shall be permitted other than one (1). non -illuminated name plate, not exceeding two (2) square feet in area, which may be displayed affixed flat against the exterior surface at a position not more than two (2) feet distant from the main entrance of the dwelling unit concerned. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 53 For structures housing multi -family or mixed uses, no external evidence of the home occupation shall be permitted. H. No provision for off-street parking or loading facilities, other than the requirements of the dwelling district in which the use is located, shall be permitted. Occupations which generate greater volumes of traffic than would normally be expected in a residential neighborhood are prohibited. I. No stock in trade or commodities, other than those prepared, produced or created on the premises by the operator of thehomeoccupation, shall be kept or sold on the premises. J. No motor power other than electric motors shall be used in conjunction with a home occupation. The total horsepower of such motors shall not exceed three (3) horsepower, or one (1) horsepower for any single motor. K. No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes or odors, detectable to the normal senses off the lot. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers, or causes fluctuation in line voltage outside the dwelling unit. No home occupation shall interfere with -the reasonable enjoyment of adjoining or nearby dwelling units or properties. 6Yl 611.11 OCCUPATIONAL LICENSE REQUIRED Permitted home occupations shall comply with the City of Cape Canaveral Occupational License Tax. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 54 83-9.13 GARAGE SALES The non-commercial sale of privately owned items at retail from residential premises, commonly known as a garage sale (or yard sale), shall comply with the following regulations. A. Hours of sale shall be restricted to daylight hours. B. The sale may continue for two (2) periods of not more than three (3) consecutive days each. The two (2) periods of sale shall be separated by a minimum of four (4) non -sale days and the total sale days be completed within fifteen (15) consecutive calendar days. C. Yards shall be cleared of salable items on all non -sale days. D. Subsequent garage .sales conducted on the same premises by the same household are permitted one hundred eighty (180) days after the close of the preceeding such sale. E. A sign specifying a garage or yard sale may be displayed on the premises of the sale on sale days only. Such sign shall not exceed four (4) square feet in size. F. The person in charge of the sale shall insure that automotive vehicles of potential or actual customers do not interfere with pedestrian or vehicular traffic in the vicinity. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 55 6Y( b.3-9:15 APPLICATION OF PERFORMANCE STANDARDS A. Any use, building, structure or land developed, constructed or used for any permitted principal use, or any use permissible as a special exception, or any accessory use, shall comply with all of the performance standards set by Federal, State and County Regulations. B. If any existing use or building or other structure is extended, enlarged or reconstructed, the performance standards involved shall apply with respect to such extended, enlarged or reconstructed portion or portions of such use, building or other structure. (()�y A 639.17 BUILDING SETBACK LINES A. The following shall be the minimum building setback lines along the listed roads: 1. Highway AlA (Portions known as North Atlantic Avenue and Astronaut Boulevard) Setback, each side, from the northern City boundary to the southern City boundary shall be fifty (50) feet from the highway right-of-way. 2. North Atlantic Avenue (that portion of North Atlantic Avenue also known as Palm Avenue and S.R. 401) Setback, each side, from its intersection with Monroe Avenue to the northern City boundary shall be fifty (50) feet from the right-of-way. 3. Ridgewood Avenue Setback, each side, from the southern City boundary to the northern City boundary of Ridgewood Avenue shall be twenty-five (25) feet from the right-of-way. B. On the Atlantic Ocean the setback shall comply with the Coastal Construction Setback. See Section 635.25 C. In determining the setback requirements for any building proposed to be erected, the setback requirements herein above shall be construed as a minimum setback, and if a greater setback is required under any of the zoning districts, then such greater setback requirements shall be enforced. 6 L(� 63 9-. 21 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 56 iaul 63-9.19 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT In any district, except R-1, more than one (1) structure housing_a permitted or permissible principal use may be erected on a single lot, provided that setback and other requirements of this Ordinance shall be met for each structure. Distance Between Buildings 20' for first two (2) stories 25' for first three (3) stories 30' for first four (4) stories And two (2) additional feet for each story above four (4). SETBACK ENCROACHMENTS d Every part of every required setback shall be open and unobstructed from the ground to the sky except as hereinafter provided or as otherwise permitted in this Ordinance. A. Sills or belt courses may project not over inches into a required setback. B. Movable awnings may project not over three a required setback. eighteen (18) (3) feet into C. Chimneys, fireplaces or pilasters may project not over two (2) feet into a required setback. D. Fire escapes, stairways and balconies which are unroofed and unenclosed may project not over five (5) feet into a required rear setback or not over three (3) feet into a side setback and shall not project into a required front setback of a multiple dwelling, hotel or motel. E. Hoods, canopies, or marquees may project not over three (3) feet into a required setback. F. Fences, walls and hedges shall be permitted in required setback subject to the provisions established herein. G. Parking may be located in a required front or rear setback for single family and two (2) family dwellings. RE ION ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 57 H. In the Commercial and Industrial zoning districts, with the exception of any property abutting Highway AIA and. located north of the existing centerline of Central Boulevard, required off-street parking spaces may be permitted within ten (10) feet of the front lot line. Parking may be permitted on a required side setback on a corner lot in the Commercial Zoning District. I. No required setback or landscape buffer shall be used for any parking space or backout area, except as specified in sub -paragraphs (G), (H) and (K) of this section. J. Open, enclosed porches, platforms, or paved terraces not covered by a roof or a canopy, and which do not extend above the level of the first, floor of the building, may extend or project into the required setback. K. Primar.y parking may be located in a required front setback for multiple family dwellings. L. Signs for on -site advertising in conformance with the City of Cape Canaveral Sign Code. M. Roof overhangs (eaves) may project not over two into a required setback. N. Air conditioner units may project not over five into a required rear setback. (2) feet (5) feet 631`.23 ACCESSORY STRUCTURES No accessory structure shall be erected in any front yard and shall not cover more than thirty (30) percent of any required rear setback. No separate accessory structures shall be erected within ten (10) feet of any building on the same lot nor within five (5) feet of any lot line and shall not exceed twenty-four (24) feet in height. However, lots with a one or two family residence only may erect one (1) additional accessory structure per unit not to exceed one hundred (100) square feet with a maximum height of ten (10) feet if detached, or thirty-two (32) square feet with maximum height of ten (10) feet if attached in rear setback. In new construction an accessory building may not be constructed prior to the construction: of the main building. No accessory building shall be used for any home occupation or business nor for permanent living quarters; it shall contain no kitchen or cooking facilities. It may be used for housing temporary guests of the occupants of the main building. It is not to be rented or otherwise used as a separate dwelling. PAG R ISED 21A z`87 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 58 Storage (utility) sheds of a temporarynature, without a permanent foundation, not over one hundred (100) square feet in size, nor more than seven (7) feet high, are exempt from this paragraph, provided they are in the rear yard only. GY/ 639.25 VISIBILITY AT INTERSECTIONS On a corner lot in any district, nothing (wi.th the exception of traffic signs, utility poles and open chain link or wire fences) shall be erected, placed, planted or allowed to grow between a height of two and one half (2 1/2) feet and ten (10) feet above the centerline grades of the intersecting streets .in the triangular area bounded on two sides by the street right-of-way lines, and on the third side by a straight line drawn between two points on the street right-of-way line located twenty-five (25) feet from the point of the intersection of the street right-of-way lines. GY/ 649.27 FENCES, WALLS AND HEDGES A. Fences, walls and hedges may be permitted in any yard, except as specified in Section 639.25, provided that the following height restrictions shall apply: 1. In any residential district (R-1, R-2, or R-3), no fence, wall or hedge in any side or rear yard shall be over six (6) feet in height norover four (4) feet in height if within twenty-five (25) feet of any yard abutting any public right-of-way. 2. In any Commercial (C-1) and Industrial (M-1) districts, no fence, wall or hedge in any side or rear yard shall be over eight (8) feet in height nor over four (4) feet in height if within twenty-five (25) feet of any yard abutting any public right-of-way. When the boundary of a commercial or industrial zoning district abuts any residential zoning district the maximum height of a fence, wall or hedge -shall be six (6) feet. B. No wall shall be built along unimproved property boundaries until and unless the owner has obtained and paid for a building permit for the principal structure. C. All concrete boundary walls are to be finished by stuccoing or painting in neutral colors at the time they are constructed. PAGE VISED 5 87 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page58A D. No words or symbols, other than street addresses and names of occupants in residential districts., shall be permitted on exterior boundary walls. If there are such non -allowed words or symbols, they shall be covered within seven (7) days of notification to the owner by the City. E. Any concrete boundary wall in excess of four (4) feet in height shall have the excess height be open to fifty percent (50%) air and light in any residential district. y(. 639.29 EXCEPTIONS TO HEIGHT REGULATIONS The height limitations contained in the schedule of District Regulations do not apply to spires, belfries, cupolas, antennas, water tanks, solar panels, ventilators, chimneys, elevator equipment, air conditioning or other necessary equipment room usually required to be placed above the roof level, and not intended for human occupancy. PAGE VISED 5 87 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 59 �Y1 -6-3-9.31 STRUCTURES TO HAVE ACCESS Every building shall be on a lot fronting on a public street or on an approved private street or with legal access to a public street, and shall have a safe and convenient access for servicing, fire protection and required off-street parking. All lots upon which structures are built shall have a minimum access width of fifteen (15) feet to a public right-of-way or an approved private right-of-way. See Section 645.03(C) 6-3-9-.33 LOCATION OF RECREATIONAL VEHICLES, CAMPING EQUIPMENT, BOATS AND BOAT TRAILERS A. No person shall occupy or reside in any travel trailer, camper trailer, camper (truck mounted), motor travel home or tent in any location within the City other than a duly licensed and approved trailer park, except as hereinafter provided. B. Boats, boat trailers, utility trailers, camper (trailers and non -mounted pickup), travel trailers and motor homes less than or equal to twenty-one (21) feet in length shall be allowed in the R-1, R-2 and R-3 zoning classifications of the City of Cape Canaveral as follows: 1. In 1, 2 and 3 unit structures shall be allowed in the rear yard or side yard if fenced or screened from view; in any setback abutting a street if fenced or screened from view, and in the front yard or front setback under covered parking, i.e. carport. These shall be the only areas for these vehicles to be parked and all other'recreational vehicles that do not comply with the listed vehicles shall be disallowed. 2..In those developments of 4 through 9 .units, the parking of the recreational vehicles described in sub -paragraph (B) above shall be allowed only in an area which obscures visibility from abutting streets or drives by a fence, wall or planting. These shall be the only areas for these vehicles to be parked and all other recreational vehicles that do no comply with the listed vehicles shall be disallowed. REV SION ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 59A 3. Developments which consist of ten or more units, must provide special parking or storage facilities for the recreational vehicles described in sub -paragraph (B) above. Special parking shall consist of at least ten (10) percent additional parking spaces. These areas shall be fenced or screened from the general.public. These shall be the only areas for these vehicles to be parked and all other recreational vehicles that do not comply with the listed vehicles shall be disallowed. 4. In townhouse developments, the parking of the recreational vehicles described in sub -paragraph (B) above shall be allowed only in areas which are fenced or screened from the general public and shall be specifically in areas set aside and there shall be no front, side yard or intrusion on setback parking or storage. These shall be the only areas for these vehicles to be parked and all other recreational vehicles that do not comply with the listed vehicles shall be disallowed. C. In commercial and industrial zones, all recreational vehicles shall be allowed to be parked in accordance with Section 6-3-9.01 and Section 63-4.21. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 60 /'/ 6-3-S.35 LIVING ABOARD BOATS Any boat moored or parked within one hundred (100) feet of the shoreline within the City limits of Cape Canaveral shall not be used as a residence for a period exceeding fifteen (15) days unless certification is given to the Building Official that any discharge from said boat meets applicable Federal regulations. Gyl 6-19.36 LIVING OR RESIDING IN AUTOMOTIVE VEHICLES No person or persons shall live or reside in any automotive vehicles, such as an automobile, truck, bus or recreational vehichle, or the like, in the City of Cape Canaveral, Florida, for a period in excess of twenty-four (24) hours, with the exception of recreational vehicles in an approved and permitted site used for recreational vehicles, or as permitted by. the Building Official in accordance with Sec. Laq( 63-9-.33 of the zoning regulations. 6y/ 63�.37 PARKING AND STORAGE OF CERTAIN VEHICLES A. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property, other than in completely enclosed buildings. Any automotive vehicle not in running condition shall not be parked or stored on any residentially zoned property for a period exceeding seventy-two (72) hours, other than in completely enclosed buildings. Automotive vehicles or trailers of any kind shall not be stored or parked on any vacant lot unless the following conditions are met: 1. Consent of the lot owner. 2. Current license plates displayed on vehicle or trailer. 3. Vehicle or trailer shall be in operable condition. B. Construction trailers located on a construction site may be used as an office, work, or security trailer. Use of these trailers as living quarters is expressly prohibited. In each case, and for every trailer, temporary permits shall be required. The temporary permits shall be limited to ninety (90) days with ninety (90) day extensions permitted subject to the need thereof as determined by the Building Official. No temporary trailer permits shall be issued prior to issuance of construction permit/s. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 61 -6-3-9.39 MINIMUM WIDTH OF COURTS The minimum width of a court shall be thirty (30) feet for one-story buildings, forty (40) feet for two-story buildings and sixty (60) feet for four-story buildings. For every five (5) feet of height over forty (40) feet, the width of such a court shall be increased by two (2) feet, provided that open unenclosed porches may project into a required court not more than twenty-five (25) percent of the width of such court. Nominal insets in the building facade of six (6) feet or less shall be exempt from the minimum width requirement. 1i( -6-3-9-.41 WATER AREAS All areas within the City which are under water and not shown as included within any district, shall be subject to all the requirements of the district which immediately adjoins or abuts the water area. If the water area adjoins two or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line as projected until they intersect a projected line from other district boundaries. '639".43 LANDSCAPING AND SCREENING FOR COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Whenever the boundary of a commercial or industrial zoning district abuts a residential zoning district, a visual screen shall be provided within the required setbacks of such commercial or industrial zoning district. A. Such visual screen shall: 1. Be provided along the entire length of the commercial or industrial zoning boundary which abuts any residential zoning district. 2. Consist of decorative or ornamental fencing or shrubs designed and placed in a manner rendering such visual screen at least eighty percent (80%) within a period of two years after such screen is provided. 3. Be not less than four (4) or more than eight (8) feet in height, except as provided for in Section .639 .27 (A) (2) . PAG Ra ISED 1� 88 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 61A 4. One tree value as defined in Section 639.44 shall be planted every thirty-five (35) feet with at least two tree values on the minimum 50-foot, C-1 lot and three tree values on the minimum 75-foot, M-1 lot. 5. Be serviced by a functional underground sprinkler system adequate to maintain such landscaping. 6. Be properly maintained and replaced if for any reason it does not survive. B. All areas not paved with other landscaping as designated in this section or in Section 6-19.44, shall be covered with grass, hardy shrubs, evergreen or other ground cover materials as approved by the Building Official. C. Location of screening and landscaping and subsequent maintenance shall be subject to the approval of the Building Official. Gy/ 6-3-9-.44 INTERIOR LANDSCAPING FOR OFF STREET PARKING AREAS A. Off street parking areas in C-1, M-1 and R-3 zones shall have internal and perimeter landscaping as specified below. 1. Parking areas with ten (10) or less spaces shall have at least one tree value point for every five (5) spaces or fraction thereof planted within the interior of the parking lot. 2. Parking areas with eleven (11) or more spaces shall have at least one tree value point for every five (5) spaces or fraction thereof interspersed throughout the parking area. In addition, one tree value point shall be placed at the end of each row where internal curbing would be placed, even though internal curbing may not be required. 3. Parking areas in the C-1 and M-1 districts as described above, and parking in the R-3 districts that contain sixteen (16) or more parking spaces, shall plant to a depth of at least two (2) feet the entire perimeter facing the public right-of-way, except for ingress and egress and sidewalks. The perimeter shall be planted with decorative shrubs PAGE VISED 1 MA \88 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 61B and bushes three (3) feet in height to form a visual screen with a density of eighty percent (80%) within two years of planting. Perimeters facing such public right-of-way shall, in addition, have one tree value point planted every thirty-five (35) feet with at least two tree values on a minimum 50 foot, C-1 lot and three (3) tree values on the minimum 75 foot, R-3 lot. L 4. No trees shall be planted that will obstruct visability at intersections or points of ingress and egress to streets. See Section 631.25. The perimeter footage defined in Section 63-9:25, and ingress and egress shall not be used to calculate landscaping of perimeters. '11.1) 5. Existing trees in proposed internal parking areas as listed under the tree value section shall not be removed if over four (4) inches in diameter without a permit from the Building Official. Every effort shall be made to build, pave or otherwise construct around existing trees of value. 6. Each landscaped area, both within the interior parking area and around the perimeter, shall be served by a functioning underground sprinkler system adequate to maintain all landscaping. 7. All landscaping specified in this section shall be properly maintained and replaced if for any reason it does not survive. 8. The value of the landscaping for the internal parking areas and their perimeter, as well as all additional external landscaping for other areas on the site, will not be less than one (1) percent of the total cost of the project, including land acquisition, or three (3) percent of the project, excluding land acquisition, whichever is greater. B. Tree Value Points referred to in Section A above will have the following values: Points Tree Points Tree 1/3 All types of palms 1 Camphor 1 Southern Red Cedar 1 Bald Cypress 1 Southern Magnolia 1 Sweet Gun 1 Live Oak 1 Lauren Oak 1 River Birch PAGkAEVISED 88 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 62 Only trees listed herein shall be considered for use in meeting landscaping requirements for C-1, M-1 and R-3 zones. All trees planted to meet such requirements must be at least seven (7) feet tall. When trees of less than one value point are used, they must be clustered together to equal one full value point. .45 SEWAGE DISPOSAL No building permit shall be issued unless provisions are included to connect into the City's sewage collection system, except for single family residences which shall otherwise comply with the City's sewer ordinances and regulations.��( 6�-H-.47 SWIMMING POOLS, ENCLOSURES AND ACCESSORIES A. Swimming Pools. 1. Swimming Pools shall be installed to City Re- quirements and a City permit shall be required and approved by the Building Department prior to construction or installation (placement). 2. Swimming pools may be built within the princ- iple structure if it is determined through analysis by a certified engineer that such construction shall not be harmful to the principal structure. At the discretion of the Building Official, engineering may be required when the vertical wall of the pool (water's edge) is located within five (5) feet of the foundation system supporting the principal structure. Engineering may also be required on all premanufactured or prefabricated pools which do not bear product approval from an ac- credited testing agency. 3. Swimming pools which are open and unenclosed may occupy a required rear or interior side yard setback provided that they are not located closer than five (5) feet to a rear lot line, or eight (8) feet to an interior side lot line. 4. Commercial swimming pools are prohibited in residential districts. 5. Swimming pools shall not occupy a required front or corner side yard setback. PAGE REVISED 1 MAR 88 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 62A 6. Swimming pools may not be constructed prior to the construction of the principle building. 7. Swimming pools shall be constructed as to provide a clear and unobstructed walkway of at least eighteen (18) inches in width running completely around the pool. 8. For the purposes of this section, neither pools nor screened enclosures are considered struct- ures for the purpose of determining lot coverage. Pools and screened enclosures are not permitted in the setback area. B. Swimming Pool Enclosure 1. Any portion of a swimming pool to which access may be obtained from outside a residence, build- ing or similar structure, shall always have and enclosure of a permanent nature, not less than four '(4) feet high, said enclosure to be constructed so as to prevent access by persons through such enclosure; and if any part of the enclosure is constructed to permit access through a gate, door or similar entranceway, said gate, door or similar entranceway shall be of self -closing and self -latching type and shall prevent access to the same extent as the remainder of the enclosure. Enclosures shall not be installed within eighteen (18) inches of the vertical wall (water's edge) of the swim- ming pool. 2. This provision for enclosure may include fences or walls. When used for this purpose, fences and wall -re-to comply with the provisions of �1 Section provided however; that they. (A) shall be instructed as to prevent the �VL passage of a six (6) inch sphere and shall not provide footholds that would permit them to be easily climbed over, or the provisions for enclosure may include screen (mesh -type or woven -type) enclosures. When used for this purpose, screen enclosures shall not encroach into a required yard setback beyond the limits herein specified for swimming pools. PAGE REVISED 3 MAR 87 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 62B C. Swimming Pool Accessories Swimming pool accessories (such as ladders, slides, pumps and similar items) shall not encroach into a required yard setback beyond the limits herein specified for swimming pools. D. Specified Minimum Setback Requirements for Swimming Pools, Screen Enclosures and Accessories These setbacks may not be sufficient when applying for provisions of Article 680-8 of the National Electrical Code for separation from overhead power lines. cif -649.49 VEHICULAR USE AREAS All commercial and industrial areas used for the display or parking of any and all types of vehicles, boats or heavy construction equipment, and all land upon which vehicles traverse the property as a function of the primary use, including but not limited to drives, parking, service and display areas, shall be paved. Front: Side (Interior Lot Line): Side (Corner Lot Line): 25 feet (See Note 1) 8 feet 25 feet; on all non- conforming lots of record, 15 feet (See Note 1) Rear: 5 feet (See Note 2) Gyj Note 1: See Section 63-9.17 for Special Setbacks. Note 2: In no event shall a swimming pool, screen enclosure or accessory feature be located within fifteen (15) feet of a property line that abuts and runs parallel to a public street. 4Eia .51 ATOMIC ENERGY USES All atomic energy uses shall meet the standards established by and have the approval of the Florida State Board of Health and the Nuclear Regulatory Commission. In addition, such uses shall require the approval of the City. Council which shall act only after receiving written recommendations from the City Engineer and the Planning and Zoning Board. PAGE REVISED 3 MAR 87 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 63 61 6-9.53 BUILDING REQUIRED All commercial uses shall provide at least the minimum size building required for the district in which the use is to be located. Said building shall contain plumbing facilities adequate to serve the needs of the customers and employees of the commercial use. 63-9.55 SIDEWALKS REQUIRED A. Construction of sidewalks shall be required in conjunction with the construction of any building or development on property abutting any paved street, public and private, within the City limits. B. Sidewalks constructed in residential zoned district shall be four (4) feet wide and five (5) feet wide in commercial and all other districts. Sidewalks and concrete aprons will not be required across asphalt paved driveways, but said asphalt driveways must be maintained in good repair by the property owner. Sidewalks along State Road A1A will require a permit from the Florida Department of Transportation and shall be five (5) feet wide. C. Sidewalks being installedon a street within the same block which already has sidewalks or portions of sidewalks installed must conform in width with the existing sidewalks, but not to exceed five (5) feet in width. D. Sidewalks shall normally abut the property line but may be installed anywhere within or without the right-of-way to permit alignment with existing sidewalks, or to accommodate trees or other objects which are not desired to be moved, altered or removed. E. Construction of said sidewalks shall be completed prior to the issuance of Certificate of Occupancy and/or final inspection. Costs of construction shall be borne by the property owner. Construction of sidewalks shall be in accordance with the City specifications, as adopted by Resolution. F. Sidewalks contiguous with, or a part of, the bicycle path system, shall provide for a smooth transition between surfaces. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 64. 01 -649.57 DEDICATED PUBLIC LAND Dedicated public streets, walkways, alleys, accessways or easements may be closed or relocated as part of or in conjunction with any private development phase upon an application being made to the City Council, after review of and recommendation from the Planning and Zoning Board, and if said application is in the best interest of the City. However, in no event shall the vacated land be used as acreage for any density calculations. Any request for vacating a dedicated public street, walkway, alley, accessways, or easements must be submitted no later than thirty (30) days prior to the Planning and Zoning Board meeting at which it is to be considered. Gy/ 63-9-.58 DEDICATED PUBLIC EASEMENT No purported dedication of an easement to the City shall be effective until it is accepted by the City Council, after review and recommendation from the Planning and Zoning Board. Gy/ -6--9.59 PRESERVATION OF TREES IN ALL DISTRICTS During the development of any project, all trees of four (4) inches in diameter or larger shall be preserved or replaced unless they exist within: A. A proposed public or private easement. B. Proposed structure dimension. C. A proposed driveway or designated parking area in the R-1 or R-2 districts. See Sections !63-9.43 and.;6-319.44. D. Ten (10) feet of a proposed structure. Gy .61 EARTH STATION ANTENNA REGULATIONS A. No owner, occupant or tenant of any property located within any zoning classification shall erect, construct or install any earth station antenna or satellite dish antenna without first obtaining all necessary permits from the Building Official. B. Prior to the issuance of any permit for the erection, construction or installation of any earth satellite antenna, the Building Official shall require an approved design placement drawing and engineering specifications, signed and sealed by an engineer licensed in the State of Florida, to meet all City and State laws and ordinances. PAN/RVISED 1 MAR 88 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 65 C. All materials that make up the installation of such antennas and supporting structures shall be of a non -corrosive material to prevent metal fatigue from maintenance neglect. D. No earth station antenna shall be mounted onto the top or side of any single family building, duplex or triplex. E. Earth/satellite dish antennas shall be allowed only in the rear or side yard in all zoning districts. Placement shall not be allowed in the front yard of any lot or parcel in any zoning district. Compliance with the side setback is required. Rear setback should be complied with except when compliance prevents installation. F. All electrical installations for the purpose of erection of antennas shall be in accordance with the National Electrical Code and all applicable City ordinances. G. In all zones, ground mounted earth station antennas shall be erected at the minimum height which allows satellite reception, not to exceed seven (7) feet in R-1 and R-2 zones, and twenty-two (22) feet in all other zones. Said measurement shall be calculated from the established grade to the dish center. H. The maximum outside diameter allowed for a dish receiver is ten (10) feet. I. Only one (1) antenna shall be allowed on any lot or parcel of land. J. Any ground placed antenna drive mechanisms, less than six (6) feet high to its lowest point, shall be fenced or screened in by a six (6) foot high fence at least eighty percent (80%) opaque at its base. RESS I ON ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 69 byz 6-41 SCHEDULE OF SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 6 5;4 -6.4-1.01 ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES A. Establishments which shall require a special exception by the Board of Adjustment are those, whether or not licensed by the Florida Department of Business Regulation, division of Alcoholic Beverages and Tobacco, which dispense, sell, serve, store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the Board of Adjustment shall not approve the application unless it is totally consistent with all the conditions as set forth above and also the following conditions: 1. The establishment shall not be within three hundred (300) feet of any existing church, school grounds or playgrounds; measurement shall be made from the main entrance of the establishment to the closest lot line of the church, school grounds or playgrounds by following the shortest route to ordinary pedestrian travel along the public thoroughfare, street or road_. 2. The establishment of a vendor license by the Florida Beverage Department permitting on -premise consumption of beverages shall not be located within two thousand (2,000) feet of another establishment so licensed; the specific distance shall be measured following the shortest route to ordinary pedestrian travel along the public thoroughfare, street or road from the main entrance of the establishment to the main entrance of the establishment(s) similarly licensed by the'Florida Beverage Department. 3. Package retail sales of alcoholic beverages for carry -out, except for beer and wine sales, shall. comply with Al, A4, A5(c), A5(e) and B3(e) hereof only. 4. Parking: One (1) parking space shall be provided for each three (3) seats or seating places; all seats or seating places; whether located within a restaurant area or.a bar/lounge area, will be included in the calculation of the required number of parking spaces. PAGE REVISED 21 JUL 87 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 70 Package retail sales establishments shall provide parking as determined by the Building Official of the City of Cape Canaveral, who shall use the ratios established in Chapter '694: 5. Each application for a Special Exception shall be accompanied by a vicinity map, a site plan map and a building floor plan. The vicinity map shall be drawn at a scale of one (1) inch equals four hundred (400) feet and shall indicate the following information: a. The outer boundary of the vicinity map shall be at least two thousand five hundred (2,500) feet from the centroid of the proposed establishment's property. b. Location of all existing public streets between the proposed establishment and other establishments and land uses as described in sub -paragraph 1 and 2. c. Location of all existing churches, school grounds or playgrounds which are within the vicinity map area with specific distance(s) to the proposed establishment affixed per sub -paragraph 1. d. Location of all establishments licensed by the Florida Beverage Department (including package retail sales), which are within the required vicinity map area with specific distance(s) to the proposed establishment affixed per sub -paragraph 2. e. Existing zoning for all properties within three hundred (300) feet to the property of the proposed establishment shall be indicated. The site plan map shall be drawn at a scale not less than one (1) inch equals one hundred (100) feet and shall indicate the following information: (a) Location and dimension of the proposed establishment's property lines, all existing and proposed structures, driveways, parking spaces and ingress/egress points. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 71 (b) The following information shall be presented in tabulated form: - number of parking spaces - number of restaurant seats - number of bar/lounge seats - building area -lot area (c) The building floor plan shall be of a scale of not less than one -eight (1/8) inch equals one (1) inch and shall detail room layouts and exits. B. Exceptions to the requirement of paragraph A-2 are: 1. Restaurants seating two hundred (200) or more. 2. Hotels and motels with fifty (50) or more guest rooms. 3. Restaurants licensed by the Florida Beverage Department for malt beverages only or malt beverages and/or wine only, provided the following conditions are complied with: a. Seating capacity of the establishment shall be at least fifty (50) or more for restaurant purposes only; no area within the establishment may be specifically designed for a bar/lounge operation. b. Wine or malt beverages shall be served with meals only. c. Consumption of food and malt beverages or wine shall be on -premise only; however, food carryout without said alcoholic beverages may be permitted. d. Fifty (50) percent or more of income shall be from the on -premise consumption of food; sworn statements accompanied by appropriate sales records shall be submitted to the City Clerk, at the request of the City Manager, verifying the major source of income is consistent with the requirements of this paragraph. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 72 e. Sale or consumption of malt beverages and/or wine shall be limited to the time period set by the City Code Chapter 733. 4. Charters or incorporated clubs or veteran's fraternal organizations conforming to Chapter 565.02 (4) of the Florida Statutes, 1978 edition. C. The Special Exception may be subject to cancellation by the Board of Adjustment if the Board finds that the establishment has been detrimental to the health, safety, welfare and morals of the public and that all laws pertaining to the establishment's operation have not been complied with. D. For on -premise consumption of liquors, restaurants or cocktail lounges shall have a minimum building area of two thousand (2,000) square feet and a seating capacity of one hundred (100) patrons. PAGE REVISED 19 AUG 86 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 73 643 LEGALLY ESTABLISHED NON -CONFORMING LOTS, NON -CONFORMING STRUCTURES, AND NON -CONFORMING USES 643.01 INTENT Within the districts established by this Ordinance (or amendments which may later be adopted), there exists lots, structures, placement of structures, uses of land and/or structures and characteristics of use which were lawful prior to enactment of this Ordinance (or amendment hereof), but which would be prohibited, regulated, or restricted under the terms of this Ordinance (or amendment hereof). It is the intent of this Ordinance to permit these non -conformities to continue, but not to encourage their continuance. Such non -conformities are hereby declared incompatible with permitted lots, structures, placement of structures, uses and characteristics of use in applicable districts. It is further the intent of this Ordinance that non -conformities shall not be used as grounds for adding other structures or uses prohibited elsewhere in the same district. A. Any building which is made non -conforming by virtue of the amendments outlined in Ordinance No. 18-83 shall be allowed to be replaced in the event of their destruction to the same standards that they were prior toithe adoption of Ordinance No. 18-83 (September 6, 1983). This shall also include those projects which are yet to be completed, but have applied for site plan approval prior to adoption of Ordinance No. 18-83 and will obtain a building permit before February 28, 1984. In the event a rebuilding is required, all efforts shall be made, where practicable, to conform to the existing zoning ordinance. B. All non -conforming lots of record as of the date of adoption of Ordinance No. 18-83 (September 6, 1983) shall be allowed to be used in constructing structures that have been destroyed. The rebuilt structure will be rebuilt as close as practicable to the original building and shall make every effort to conform to the existing zoning ordinance. C. These provisions shall not be construed to allow for the extension or enlargement of a non -conforming lot or building but are merely intended to allow the rebuilding of structures after the result of a catastrophe in as near a similar fashion as practicable. i 1 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA 643.03 MOBILE HOME PARKS SINGLE FAMILY MOBILE HOME DISTRICTS Page 74 Mobile home parks and single family mobile home districts in existence on October 28, 1975, provided the number of spaces shall not exceed, those licensed or previously platted to said mobile home parks or districts, on that date, and provided further that said mobile home parks shall not exceed the limits of property also on that date under unity of title and shall be in accordance with Florida Statutes. P 1Meb-rl.-e-Home-Pe-r-m±ts. Removal and/or installation of a mobile home unit shall be done only after a permit is issued for this purpose by the Building Official. 643.05 NON -CONFORMING STRUCTURES Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage,height, setback or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawfully subject to the following provisions: A. Such structure may not be enlarged or altered in a way which increases its non -conformity, but any structures or portion thereof may be altered to decrease its non -conformity. B. Should such structure be destroyed by any means to an extent of more than fifty (50) percent of its fair market value at time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance. C. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved. D. Where a lawful dwelling structure, located on a single lot of record, exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance, such structure may be ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 75 repaired, enlarged, extended, rebuilt, reconstructed, or structurally altered, provided that setback dimensions, maximum lot coverage requirement, building setback lines and other requirements of the additional structure conform to the regulations for the district in which such lot is located. Any additional construction (to an existing structure that encroaches on setback requirements) must conform to the setback requirements of the zoning district. Any legally established encroachment on setback requirements may be repaired, rebuilt, reconstructed, or structurally altered (but not enlarged or extended), provided the encroaching portion of the structure is an integral part of the structure. 643.07 NON -CONFORMING USES A. Non -Conforming Uses of Land In any zoning district, at the effective date of adoption or amendment of this Ordinance, where lawful use of land exists that is made no longer permissible under the terms of this Ordinance as enacted or amended, and where such use involves no individual structure with a replacement cost exceeding two thousand five hundred (2,500) dollars, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions: 1. No such non -conforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance; unless such use is changed to a use Permitted in the district in which such use is located. 2. No such non -conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or . amendment of this Ordinance. 3. If any such non -conforming use of land ceases for any reason for a period of more than ninety (90) consecutive days, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located. 4. No additional structure which does not conform to the requirements of this Ordinance shall be erected in connection with such non -conforming use of land. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 76 B. Non -Conforming Uses of Structures or of Structures and Premises in Combination If a lawful use involving individual structures or of structures and premises in combination (with a replacement cost of two thousand five hundred (2,500) dollars or more per individual structure), exists at the effective date of adoption or amendment of this Ordinance, that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: 1. No existing structure devoted to a use not permitted by this Ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. 2. Any non -conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shallbe extended to occupy any land outside such building. 3. Any structure, or structure and land in combination, in or on which a non -conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and non -conforming use may not thereafter be resumed. 4. When a non -conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three (3) year period (except when government action impedes access to the premises), the structure, or structures and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. 5. Where non -conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non -conforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (50) percent of the fair market value at time of destruction. i ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 77 6. The following schedule shall be followed in terminating non -conforming use of structures or of structures and premises, except for residential uses. Such termination period shall commence August 4, 1971. Current Assessed Valuation Time Allowance of Improvements Termination $ 1,000 - $ 2,499 • 2,500 - 4,999 5,000 - 9,999 10,000 - 24,999 25,000 - 49,999 50,000 - over 5 years 10 years 20 years 30 years 40 years 50 years Non -conformities not involving the use of a principal structure or accessory buildings, e.g. open storage, building supplies, implement and machinery storage, junk yards, commercial animal yards and the like, shall be discontinued within thirty (30) days of adoption of this Ordinance. 7. Any new or additional use which is non -conforming shall not be permitted. 643.09 REPAIRS AND MAINTENANCE On any building devoted in whole or in part to any non -conforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non -bearing walls, fixtures, wiring or plumbing to an extent not exceeding ten (10) percent of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this Ordinance shall not be increased; and provided further, that such repair or replacement shall not affect the "assessed valuation -time allowance before termination" setting the time limit for conformity, set forth in Section 643.07, B, 6. Nothing in this Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 78 643.11 STRUCTURES AND USES APPROVED BY SPECIAL EXCEPTION A Special Exception is not deemed non -conforming. Any structure or use for which a Special Exception is granted as provided in this Ordinance shall be deemed, as to that particular Special Exception, to have all the rights and privileges of a conforming use, restricted, however, by the terms of that specific Special Exception as granted. 643.13 VARIANCE Variance shall be obtained only through action of the Board ofAdjustment. The specific terms of each variance are binding and may not be changed except by a new variance or by reversion to conformity with this Ordinance. 643.15 TEMPORARY USES The casual, intermittent, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a non -conforming use. Such use shall not be validated by the adoptionof this Ordinance unless it complies with the terms of this Ordinance. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 79 645 ADMINISTRATION AND ENFORCEMENT = BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY 645.01 ADMINISTRATION AND ENFORCEMENT The Building Official, under the supervision of the City Manager or Department Head duly delegated and appointed by the City Manager, shall administer and enforce this Ordinance. He shall be provided with assistance of such other officers and employees of the City as may be necessary to enforce the provisions of this Ordinance. If the Building Official finds that any of the provisions of this Ordinance are being violated, he shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal work being done; or shall take any other action authorized by this Ordinance to insure compliance with or to prevent violation of its provisions. 645.03 BUILDING PERMITS REQUIRED A. No building or other structure shall be erected, moved, added to or structurally altered without a permit issued by the Building Official. No building permit shall be issued except in conformity with the provisions of this Ordinance and Section 106 of the Standard Building Code or other codes and statutes as applicable, except after written order from the Board of Adjustment in the form of an administrative review, Special Exception or Variance as provided by this Ordinance. B. The issuance of a permit upon plans and specifications shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications., and requiring the correction of building operations being carried on thereunder to conform to corrected plans and specifications, when in violation of any City Ordinance. C. No permit shall be issued for a building or use on a lot or parcel, in any land use classification, that does not abut on a public street; or an approved private street or easement dedicated and accepted by the City, providing legal access to a public street. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 80 645.04 APPLICATION FOR BUILDING PERMIT A. All applications for building permits required under this Ordinance shall be made in conformity with the provisions of this ordinance and other applicable city ordinances or codes, including those ordinances or codes applicable to the building and construction industry. All applications for building permits shall be accompanied by plans in duplicate, drawn to scale, showing the legal description and the actual dimensions and shape of the lot to be built upon; the exact sizes and locations on the lot of buildings already existing, if any, and the size, shape and location of the building or alteration, including accessory buildings or structures, if any. The application shall include such other information as lawfully may be required by the building inspector, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of, this Ordinance. B. It shall be unlawful for any person to continue construction 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 returned to the owner, and one copy shall be filed with the City. C. One copy of the plans shall be returned to the applicant by the building inspector, after he shall have marked such copy as permitted for construction and attested to same by his signature on such copy. This copy of the plans shall be available at the site of construction during all times when construction is being carried on. The second copy of the plans, similarly marked, shall be retained by the building inspector. D. No building permit shall be granted for the construction, addition or alteration of a place of assembly unless plans signed by a registered architect or registered engineer, according to the laws of the State of Florida governing the practice of architecture, accompany the permit application. E, Ord Ylo . - r9) ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 81 645.05 SITE PLAN SUBMITTAL AND REVIEW PROCEDURES A. Site Plan Submittal and Review Required Site plan submittal and review are required for: 1. New commercial building or structure. 2. New residential structures with four or more dwelling units. 3. Commercial additions exceeding 850 square feet of gross floor area. B. Site Plan Review Procedures 1. Five copies ofthe site plan, prepared, signed and sealed by a professional engineer, licensed by the State of Florida shall be filed with the Building Official no later than thirty (30) .days prior to the meeting date the applicant is seeking Planning and Zoning Board review. Filing fees shall be paid at this time. 2. Said site plan shall be submitted by the Building Department, to the following department heads for their review and comments: (a) City Engineer or registered engineers approved by the City. (b) Building Department (c) Fire Marshal (d) Florida Department of Natural Resources (All phases calling for buildings located on the Atlantic Ocean and Banana River are to be reviewed by this Department). 3. Within fourteen (14) days of the time the plans are received by the various department heads, they shall submit, in writing, to the Building Department, a written report commenting on factors relating to the site plan. 4. The Building Department shall give a copy of the written comments to the applicant or his representative to review, respond to and make any PAGE ISED 5 87 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 82 changes he deems appropriate to conform to the comments and recommendations from the department heads. 5. Applicant shall submit seven (7) copies of the revised site plan, along with his architect/engineer's comments in response to the department heads' reviews, to the Building Department no later than five (5) days prior to the meeting. 6. All plans shall be made available to the Planning and Zoning Board. All site Plans required under this section shall be reviewed for approval by the Planning and Zoning Board. The Building Official shall prepare a site plan checklist to be submitted to the Planning and Zoning Board when a site plan is reviewed. C. Site Plan Criteria Required 1. Plan drawn to scale no greater than one inch to fifty (50) feet, on sheets two (2) feet by three (3) feet, showing the following site data: (a) Size, height, number of units and location of proposed and existing structures and their relationship to property lines, setbacks, easements, streets, etc. (b) Dimensions and total gross acreage of site and percentage devoted to structures and percentage of parking area devoted to landscaping with curbs and water provisions. . (c) Total number of units proposed; total number and size of on -site parking spaces and loading zones. (d) Traffic flow diagram to insure that an orderly and safe traffic flow is permitted within the site, and that no traffic problems are created by the proposed ingress and egress routes. (e) Calculation of density (dwelling units per acre). (f) Location and dimension.of areas for parks, canals, waterways, boat slips, parking areas, swimming pools, driveways, recreation, trash and garbage pickup, sidewalks, dune crossovers, etc. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 83 (g) In those site plans which require a subdivision of land, no site plan shall be approved until the Planning and Zoning Board has given approval to the preliminary plat. (h) The type of enclosure for and location of communal type trash containers (dumpsters). Type of enclosure shall be subject to approval and acceptance of the Planning and Zoning Board. (i) Fire alarm and standpipe data, when required. (j) Site vicinity map. (k) Location of planned landscaping in compliance with Sec. 6-3-9:43 and Sec. 6-3-9-.44. 1.(/ G y/ 2. Topographic Survey including:. (a) USC and G.S. datum plane. (b) Existing and/or proposed street lights, water, sewer, paving, storm drains, fire hydrants, sidewalks, etc. (c) Lot lines and dimensions of all setbacks, structures and easements. (d) Location of established seawall line and information for construction, if required. (e) Surveyor's certification. (f) Elevations to be given on one, foot intervals. (g) Range markers and coastal construction setbacks line, where required. (h) Location and type of existing trees 4" in diameter or larger. 3. Engineering data including: (a) Finished grades for entire parcel, finished elevations for floors, streets, parking lots, sidewalks, 10" of adjoining property, etc. PAG E' REVISED 1 88 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 84 (b) Details, sections, and specifications required of all improvements such as street lights, water and sewer (structures, pipes, appurtences), paving and drainage, curbs, storm drainage and sidewalks. • (c) Engineer's seal required in drawings. (d) Engineering storm drainage design calculation and drainage maps. 4. Square footage of building: (a) Living (b) Parking (c) Other (d) Total under roof 5. Drawing notes required: (a) Sidewalk and sanitary sewers to be constructed to City of Cape Canaveral Standards. (b) Water lines to conform to City of Cocoa standards. (c) (Where applicable), fire alarm system to be installed and connected to City of Cape Canaveral Fire Department standards. 6. For mean high water, survey shall be done by procedures established by Florida State Statute 177, Part II. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 85 --�645.07 CERTIFICATE OF OCCUPANCY REQUIRED No land or building or part thereof hereafter erected or altered in its use or structure shall be used until the Building Official shall have issued a Certificate of Occupancy stating that such land, building or part thereof, and the proposed use thereof is found to be in conformity with the provisions of this Ordinance. Within three (3) days after notification that a building or premises, or part thereof, is ready for occupany or use, it shall be the duty of the Building Official to make a final inspection thereof and to issue a Certificate of Occupancy if the land, building or part thereof and the proposed use thereof is found to conform with the provisions of this Ordinance or, if issuance of such Certificate is refused, to state such refusal in writing with the cause. A temporary Certificate of Occupancy may be issued by the Building Official for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion, provided that such temporary Certificate may require such conditions and safeguards as will protect the safety of the occupants and the public. 645.08 CERTIFICATE OF OCCUPANCY FOR HOTELS AND MOTELS Certificates of Occupancy issued for hotels and motels shall be issued for the entire hotel or motel project up to one hundred fifty (150) units and after one hundred fifty (150) units, shall be issued in minimums of fifty (50) units per each Certificate of Occupancy. All units within any one building of a hotel or motel shall be completed before a Certificate of Occupancy is issued. 645.09 TIMES AND CONDITIONS OF BUILDING PERMIT The expiration date of the building permit shall be in accordance with Section 106.3 of the Standard Building Code, as amended. 645.11 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS AND CERTIFICATES OF OCCUPANCY Building permits or Certificates of Occupancy issued by the building department on the basis of plans, specifications, intended uses and applications, and approved by the building official, authorizing use, arrangement, construction and ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 86 design shall only be as described in plans, specifications, intended uses and applications. Use, arrangement, construction and design at variance with those authorized by the plans, specifications, intended uses and applications, shall be deemed a violation of this Ordinance and shall enable the building official to have the electrical meter removed from the unit until such violation is corrected and the building permit or Certificate of Occupancy is brought current. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 87 645.13 BOARD OF ADJUSTMENT; ESTABLISHMENT AND PROCEDURE A Board of Adjustment is hereby established, which shall consist of five (5) members and two (2) alternate members appointed by the City Council. Members and alternate members of the Board of Adjustment shall have been residents of the City of Cape Canaveral for at least one (1) year prior to their appointment. Members of the initial Board of Adjustment shall be appointed as follows: Two (2) members for a term of two (2) years; three (3) members for a term of three (3) years; and two (2) alternate members for a term of two (2) years. In addition, the Chairman of the Planning and Zoning Board, or his duly authorized representative, shall be an ex-officio member of the Board of Adjustment. 645.15 PROCEEDINGS OF THE BOARD OF ADJUSTMENT The Board of Adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this Ordinance. Meetings shall be held at the call of the chairman and at such other times as a majority of the Board of Adjustment may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating which fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the City Clerk for the Board of Adjustment. 645.17 BOARD OF ADJUSTMENT, POWERS AND DUTIES The Board of Adjustment shall have the 4-ellowIng powers and duties1( (Sec f ollowi _ pWin ec %n j'! -c_. {1Wale/ r SSG OrS . l i"i ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 88 645.19 ADMINISTRATIVE REVIEW To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Official or in the enforcement of this Ordinance. A. Hearings: Appeals, Notice Appeals to the Board of Adjustment may be taken by the City Council, the Planning and Zoning Board or by any person aggrieved or affected by any decision of the the Building Official in the interpretation of any portion of these regulations. Such appeals shall be taken within a reasonable time not to exceed sixty (60) days of the date of said decision, of such lesser period as may be provided by the rules of the Board of Adjustment, by filing with the Building Official and with the Board of Adjustment a notice of appeal specifying the grounds therefore. The Building Official shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken. The. Board of Adjustment shall fix a reasonable time for hearing of the appeal, give public notice thereof at least fifteen (15) days in advance of public hearing, as well as due notice to the parties in interest and decide the same within a reasonable time. At the hearing, any party may appeal in person or by agent or attorney. B. Stay of Proceedings An appeal stays all proceedings in furtherance of the action appeal from, unless the Building Official from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Adjustment or by a Court of Record on application. The restraining order shall take effect on notice to the administrative official charged with the enforcement of this act and from whom the appeal is taken and on due cause shown. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 89 645.21 SPECIAL EXCEPTIONS: CONDITIONS GOVERNING APPLICATIONS; PROCEDURES To hear) and decide only such Special Exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this Ordinance; to decide such questions as are involved in determining whether Special Exceptions should be granted; and to grant Special Exceptions with such conditions and safeguards as are appropriate under this Ordinance or other applicable Ordinances; or to deny Special Exceptions when not in harmony with the purpose and intent of this Ordinance. A Special Exception shall not be granted by the Board of Adjustment unless and until: A. A written application for a Special Exception is submitted indicating the section of this Ordinance under which the Special Exception is sought, and stating the grounds on which the Special Exception is sought and stating the grounds on which it is requested. B. All proposed Special Exceptions shall be submitted to the Planning and Zoning Board for study and written recommendation. Such proposal shall be submitted at least fourteen (14) days prior to the Planning and Zoning Board meeting at which it is to be considered. The Board of Adjustment shall consider the recommendation of the Planning and Zoning Board as part of the official record when hearing an application for a Special Exception. C. Notice shall be given at least fifteen (15) days in advance of public hearing. The owner of the property for which Special Exception is sought or his agent shall be notified by certified mail. Notice of such hearing shall be posted on the property for which Special Exception is sought, at the City Hall, and shall be published in a newspaper of regular circulation within the City of Cape Canaveral. D. A courtesy notice may be mailed to the property owners of record within a radius of five hundred (500) feet, provided however, that failure to mail or receive such courtesy notice shall not affect any action or proceedings taken hereunder. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 90 E. Any party may appear in person; or be represented by an attorney at the public hearing; the Board of Adjustment shall make such findings as it is empowered under the various sections of this Ordinance, but in no case shall grant a Special Exception that in any way adversely affects the public interest. 645.23 WRITTEN FINDINGS: VIOLATION OF SAFEGUARDS Before any Special Exception shall be issued, the Board of Adjustment shall make written findings certifying compliance with the specific rules governing individual Special. Exceptions, and that satisfactory provision and arrangement has been made concerning the following, where applicable: A. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control and access in case of fire or catastrophe. B. Off-street parking and loading areas where required, with particular attention to the items in A above, and economic, noise, glare or odor effects of the Special Exception on adjoining properties and properties generally in the district. C. Refuse and service areas, with particular reference to the items in A and B above. D. Utilities, with reference to locations, availability and compatibility. E. Screening and buffering with reference to type, dimensions and character. F. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district. G. Required setback and other open space. H. Height. I. Landscaping. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 91 J. Renewal and/or termination dates. K. That the use will be reasonably compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic to be generated, the building size and setbacks, its relationship to land values and other facts that may be used to measure compatibility. In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in conforming with this Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the Special Exception is granted, shall be deemed to be a violation of this Ordinance and punishable as provided by this Ordinance. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 92 645.25 VARIANCES: CONDITIONS GOVERNING APPLICATIONS; PROCEDURES To authorize upon appeal in specific cases such Variance from the terms of this Ordinance as will not be contrary to the public interest, when owing to special conditions a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. A Variance from the terms of this Ordinance shall not be granted by the Board of Adjustment unless and until: A. A written applilcation for a Variance is submitted demonstrating: 1. That special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, buildings or structures in the same district. 2. That literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same, district under the terms of this Ordinance. 3. That the special conditions and circumstances referred to in 1 above do not result from the actions of the applicant. 4. That granting the Variance requested will not confer on the applicant any special privilege that is denied ' by this Ordinance to other lands, structures or dwellings in the same district. No non -conforming use of neighboring lands, structures or buildings in the same district, and no permitted use of land, structures or buildings in other districts shall be considered grounds for the issuance of a Variance. B. All proposed Variances shall be submitted to the Planning and Zoning Board for study and written recommendation. Such proposal shall be submitted at least fourteen (14) days prior to the Planning and Zoning Board meeting at ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 93 which it is to be considered. The Board of Adjustment shall consider the recommendation of the Planning and Zoning Board as part of the official record when hearing an application for a Variance. C. Notice of Public Hearing shall be given as specified for Special Exception. D. A courtesy notice may be mailed to the property owners of record within a radius of five hundred (500) feet, provided however, that failure to mail or receive such courtesy notice shall not affect any action or proceedings taken hereunder. E. Any party may appear in person, or be represented by an agent or by attorney at the public hearing. F. The Board of Adjustment shall make findings that the requirements of A above have been met by the applicant for a Variance. G. The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the Variance, and that the Variance is the minimum Variance that will make possible reasonable use of the land, building or structure. H. The Board of Adjustment shall further make a finding that the granting of the Variance will be in harmony with the general purpose and intent of this Ordinance, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. In granting any Variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the Variance is granted, shall be deemed a violation of this Ordinance and punishable as provided by this Ordinance. Under no circumstances shall the Board of Adjustment grant a Variance to permit a dse not generally or by Special Exception permitted in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 94 645.27 APPLICANTS FOR BOARD OF ADJUSTMENT HEARINGS All hearings for Special Exceptions or Variances before the Board of Adjustment shall be initiated by (1) the owner or owners of at least seventy-five (75) percent of the property described in the application; (2) tenant or tenants, with owners sworn consent; (3) duly authorized agents evidenced by a written power of attorney; (4) City Council; (5) Planning and Zoning Board; (6) department or agency of the City. 645.29 DECISIONS OF THE BOARD OF ADJUSTMENT In exercising any of the above listed powers, the Board of Adjustment may, so long as the action is in conformity with the terms of this Ordinance, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made, and to that end shall have all of the powers of the Building Official from whom the appeal was taken. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Building Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance, or to effect any variation in the application of this Ordinance. 645.31 RECONSIDERATION OF ADMINISTRATIVE REVIEW, SPECIAL EXCEPTION OR VARIANCE When a petition for administrative review, special exception or variance has been acted on by the Board of Adjustment and disapproved or failed to pass, such petition in the same or substantially similar form shall not be reconsidered by the Board of Adjustment for a period of two (2) years. This restriction shall not apply to the property owner if the original request was initiated by any official, department, board or agency of the City acting in any official capacity, or shall not apply to any petition initiated by the City Council. 645.33 APPEALS FROM THE BOARD OF ADJUSTMENT Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any official, department, board or bureau of the governing body ZONINGREGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 95 of said municipality, may present to a Circuit Court a petition for issuance of a Writ of Certiorari, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality in the manner and within the time provided by the Florida Appellate rules. 1 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 96 645.35 ZONING ORDINANCE INTERPRETATION AND ENFORCEMENT It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Building Official, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Building Official, and that recourse from the decisions of the Board of Adjustment shall be to the courts as provided by law and particularly by Florida Statutes. It is further the intent of this Ordinance that the duties of the City Council in connection with this Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Ordinance. Under this Ordinance the City Council shall have only the duties (1) of considering and adopting or rejecting proposed amendments or the repeal of this Ordinance, as provided by law, and (2) of establishing a schedule of fees and charges. 645.37 SCHEDULE OF FEES, CHARGES AND EXPENSES e fees and charges, in connection with matters pertinent teeing petitions, zoning ordinance amendments, specia except •ns, variances and appeals, shall be establisheby resolAi n of the City Council and have been establi- ed as follows Resolution Resolution No. 83-7: Application for Rezoning, Proposed Amendment to Zoning Ordinance Application or a Special Exception or Va 'ance Appeal of Admin'. trative Decision $100.00 100.00 100.00 100.00 No permit or cert.]. 'cate shall be i§sued and no inspection, public notice or oth'r action rel t'ive to zoning, zoning ordinance amendments, �etitions fr changes in zoning districts, or appeals, instituted until after such fees, costs and charges ha'e/been paid, except in those cases wherein fees are waied\as specified in this section. When in accordance with/the prbvisions of this section, a fee is paid and appli dtion is fit-d, there shall be no return or rebate ofy funds so re -ived, regardless of the City's determinat),on in the matter in +lved. All fees, costs and charg's, upon collection, sha be deposited in the General Fjind of the City. Fees forning Ordinance Amendment/s or Appeal of Adminis?rative Decision/s shall be waived, provi ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 97 1. The petition for amendment or appeal is sponsored by a majority of the City Council or the Planning and Zoning Board. Compliance with the above renders the petition an official City mandate for presentation to the Board of Adjustment or the City Council, as appropriate, for final decision, without fee. Where plans and specifications for construction in the City of Cape Canaveral, Florida are revised by the City Engineer, the actual costs of such review shall be paid by the applicant, whether a building permit is issued or not. The Building Official shall require a deposit of estimated cost upon receipt of application for building permit. 645.39 PROVISION OF ORDINANCES DECLARED TO BE MINIMUM REQUIREMENTS Whenever the requirements of this Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or Ordinances, the most restrictive of that imposing the higher standards shall govern. 645.41 COMPLAINTS REGARDING VIOLATIONS t Whenever a violation of this Ordinance occurs, or is alleged to have occured, any person may file a complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Building Official. He shall record properly such complaint, immediately investigate and take action thereon as provided by this Ordinance. 645.43 PENALTIES FOR VIOLATION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this Ordinance, shall be punished as provided by Section 801.03 of the City Code of the City of Cape Canaveral, Florida. 645.45 SEPARABILITY CLAUSE. Should any section or provision of this Ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 98 647 AMENDMENTS The regulations, restrictions and boundaries set forth in this Ordinance may, from time to time, be amended, supplemented, changed or repealed in the manner prescribed by law. 647.01 PROCEDURE A. A district boundary change may be initiated by (1) the owner or owners of at least seventy-five (75) percent of the property described in the application; (2) tenant or-� tenants with owners sworn consent; (3) duly authorized agents evidenced by a written power of attorney; (4) City Council; (5) Planning and Zoning Board; (6) any department or agency of the City. Any amendment to this Ordinance, other than a district boundary change, may be proposed by (1) City Council; (2) Planning and Zoning Board; (3) any department or agency of the City; (4) any individual, corporation or agency. B. All proposed amendments shall be submitted to the Planning and Zoning Board for study and recommendation. The Planning and Zoning Board shall study such proposals to determine: 1. The need and justification for change. 2. When pertaining to the rezoning of land, the effect of the change, if any, on the particular property and on surrounding properties. 3. When pertaining to the rezoning of land, the amount of undeveloped land in the general area and in the City having the same classification as that requested. 4. The relationship of the proposed amendment to the purpose of the City's plan for development, with appropriate consideration as to whether the proposed change will further the purposes of this Ordinance and the plan. C. The Planning and Zoning Board shall submit the request for change or amendment to the City Council with written reasons for its recommendation within thirty (30) days following its official action on the request. City Council may extend this time limit for good cause. ZONING REGULATIONS CITY OF CAPE CANAVERAL,.FLORIDA Page 99 D. No recommendation for change or amendment may be considered by the City Council until due public notice has been given of a public hearing. Public notice of the hearing shall be given only after the Planning and Zoning Board has submitted its recommendation concering the change or amendment, and said public notice of the hearing shall be given at least fourteen (14) days in advance of the hearing by the publication in a newspaper of regular and general circulation in the City of Cape Canaveral, and notice shall be posted at City Hall. E. A courtesy notice may be mailed to the property owner of record within a radius of five hundred (500) feet, provided however, that failure to mail or receive such courtesy notice shall not affect any action or proceedings taken hereunder. F. When any proposed change of a zoning district boundary lies within five hundred (500) feet of the boundary of an incorporated or unincorporated area, notice may be forwarded to the Planning and Zoning Board, or governing body of such incorporated or unincorporated areas in order to give such body an opportunity to appear at the hearing and express its opinion on the effect of said district boundary change. G. When the City Council proposes a change in zoning classification of a single parcel or a group of not more than five hundred (500) parcels of any property within its jurisdiction, it shall be the duty of said Council to give notice by mail to each property owner whose zoning classification is proposed to be changed. Such notice shall be mailed to the owner's current address of record, as maintained by the Assessor of Taxes, for the jurisdiction proposing the change and be'postmarked no later than ten (10) days prior to the first scheduled hearing concerning the proposed change. The notice shall contain the legal description of the affected property, the existing zoning classification, the proposed zoning classification, and the time and place of any scheduled hearing concerning the proposed zoning change. Prior to the effective date of any zoning classification change, the City Council shall cause an affidavit to be filed with the City Clerk certifying that said Council has complied with the provisions of this section. The filing of said affidavit shall be prima facie proof of ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 100 compliance with the requirements of this section. A failure to give notice shall not affect the validity of zoning except as to the property of the complaining owner. 647.03 LIMITATIONS No proposal for zoning change or amendment affecting particular property or properties shall contain conditions, limitations or requirements not applicable to all other property in the district to which the particular property is proposed to be rezoned. 647.05 RECONSIDERATION OF DISTRICT BOUNDARY CHANGES When a proposed change in district boundaries has been acted upon by the City Council and disapproved or failed to pass, such proposed change, in the same or substantially similar form shall not be reconsidered by the City Council for a period of two (2) years. Such restriction shall not apply to the property owner if the original request was initiated by the City Council, Planning and Zoning Board or any department or agency of the City, nor shall such restriction apply to the City Council, the Planning and Zoning Board or any department or agency of the City. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA A Access easement, 2 structure, 59 Accessory structures, 57 use, 2, 29, 31, 34, 39 Administrative Review, 88, 94 Adult Congregate Living Facilities, 3 Alcoholic Beverages, 3, 39, 41, 69 Alley, 3, 64 Amendments, 98 Antennas, 39 Annexation, 22 Apartment, 3 Appeals, 88 Area & Dimension Regulations, 30, 32, 35, 43, 47, 66 Atomic Energy, 62 Automobiles, 42 Automotive repair facilities, 3, 39 vehicle, 3, 60 Awning, 3 B Banks, 39, Bathhouses, 31, 34 Barber Shops, 38 Beer & Wine, 39 Block, 3 Board of Adjustment, 22, 24, 29, 32, 35, 39, 46, 87, 94 Boats display, 62 location, 59 living aboard, 60 parking, 62 Bottle Club, 3, 43 Bookstores, 43 Bowling Alleys, 39 Breeze Requirement, 36 Building, 3 official, 4, 22, 79 permit, 26, 79, 85 Business Schools, 38 INDEX C C-1, Low Density Commercial District, 38 Camper trailer, 4, 59 truck mounted, 4, 59 Certificate of Occupancy, 85 hotels and motels, 85 Churches, 4, 32, 35, 38 Clinics, 4, 38, '39, 45, 47 Clubs, 38 Coastal Construction setback line, 23 control line, 26 Common Open Space, 4 Complaints, 97 Containers, 5 Construction site, 5 trailer, 60 Convalescent Home, 5 Court, 5, 61 Courtesy Notice, 5, 99 D Dance Studios, 43 Dedicated Public Land, 64 Dedication, 5 Density Calculations, 21 Dish Antenna, 5 District Boundaries, 19, 21 Dock, 29, 31, 34 Drive private, 5 Drive -In restaurant, 5 theatre, 43 Driving Ranges, 39 Dry Cleaning Establishments, 42 Dune Crossovers, 37 Dwellings, 5, 6 E Earth Station Antenna, 6, 64 Easement, 6 utillity, 16 Eating Establishments, 38 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA INDEX F Fair Market Value, 6 Family, 6 Fence, 6, 58 Fire district, 7 stations, 35 Floor Area, 7, 15 Funeral Homes, 38 G Garage sales, 54 storage, 7 Greenhouses, 31, 34, 39 Guest House, 7 H Hedge, 7, 58 Height of Building, 8, 21, 30, 33, 36, 44, 48, 58 Home Occupation 8, 31, 34, 52 Hospital, 8, 38 Hotels, 8, 38, 71, 85 I Intersections, 58 Interpretation, 96' K Kindergartens, 39 L Laboratories, 38, Landscaping, 61 Laundry, 38 Library, 31 Living Area, 9 Loading Space off-street, 9, Lodges, 38 Lot, 9, 21, 22 corner, 9 dimensions, 9 frontage, 10 line, 10 of record, 10 reversed frontage, 10 through, 10 M M-1, Light Indsutrial & Research & Development, 45 Malls, 39 Manufactured Housing/Building 10 Manufacturing, 45 Marina, 11 Maximum Units, 21 Mini -storage, 11, 46 Mobile Home district, 74 parks, 11, 74 permits, 74 Mortuaries, 38 Motel, 11, 38, 71, 85 N Net Residential Acre, 12 Non -Conformity definition, 12 lots, 73 structures, 73, 74, 76 uses, 73, 75 uses of land, 75 uses of structures, 76 Non -Hazardous Material, 12 Nurseries, 31, 34 45 0 Occupational License, 53 Occupied, 12 Oceanfront lots, Offices, 38, 45 Off-street 21, 51 parking, 13, 46, loading, 9, 51 Open Shed, 4, Open Space, 12, 21 12 49, 67 ii ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA INDEX P Paint and Body Shops, 46 Parking 13, 21, 36, 44, 60 Parks, 32, 35, 38 Paving, 62 Penalties, 97 Performance Standards, 55 Photographic Studios, 43 Pier, 31, 34 Playgrounds, 32, 35, 38 Plant Nurseries, 39 Professional Offices, 38 Principal Uses & Structures, 29, 31, 34, 38, 45 Public Utility, 32 R Radio & Television Studios, 39 Recreational equipment, 10 facilities, 32, 35 vehicle, 13, 42A, 59 Restaurants, 14, 71 Retail Stores, 38, 42, 46 Repair Shops, 39, 46 Rezoning, 96, 99 Right-of-way, 14, 15 S Sales and Display Rooms, 38 Schools, 14, 32, 38, 41 Screening, 61 Service Stations, 14, 40, 47 Setback; 21 along roads, 55 coastal construction, 23 definition, 14 encroachments, 56 requirements, 30, 33, 36, 44, 48 Sewage, 62 Shed, 4 Shopping center, 39, 47 Sidewalks, 63 Site Plan, 81 Special Exception, 14, 69, 78, 89, 94, 96 Storage, 60 garages, 46, mini, 11, 46 outside, 46 Story, 15 Street, 15 right-of-way, 15 centerline, 15 private, 15 Studios, 38, 45 Swimming Pools, 15, 62 T Tailor Shops, 38 Terrace, 15 Townhouse definition, 16 regulations, 66 Trees, 64, 67 Trailer, 16, 42A V Variance, 16, 24, 78, 92, 94, 96 Vehicles, 62 Veterinary Hospital, 39, 47 Visibility at intersections, 48 W Wall, 58 definitions, 16, 17 Water area, 61 Y Yard, 16 Z Zoning Map, 18