Loading...
HomeMy WebLinkAboutZoning Regulations Adopted by Ord. 2-83 Draft EditionDRAFT 2-83 FROM WHICH ZONING ORDINANCE WAS RETYPED - JULY 1981 OLD ZONING BOOK ADOPTED 1975 HISTORY-ZONING ORD. 2-83 ZR7 ZONING REGULATIONS ADOPTED BY ORD. 2-83 DRAFT EDITION Ignore new numbering system Remamber old Startiing with 631 Type just numbers as they are here 630 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA An ordinance establishing comprehensive zoning regulations for the 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. 631.01 630.01 (Stricken from the code) PURPOSE WHEREAS Florida Statutes and the Charter of City of Cape Canaveral empower the City to enact a zoning ordinance and to provide for its administration, enforcement and amendment, 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 WHEREAS the City Council has given due public notice of hearings relating to zoning districts, regulations and restrictions, and has hold public hearing and 63 (1) 77 630 (Stricken from the code) ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA An ordinance establishing comprehensive zoning regulations for the City of Cape Canaveral, Florida, and providing for the ackninistration,. 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, 630.01 PURPOSE WEREAS Florida Statutes and the Charter of City of Cape Canaveral empower the City to enact a zoning ordinance and to provide for its administration, enforcement and amendment, 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 jJHEREAS 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 anddesigned 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 WEREAS 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 WEREAS the City Council has given due public notice of hearings relating to zoning districts, regulations and. restrictions, and has held public hearings, and 631.03 630.O3 (Stricken from the code) 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. 631.05 630:05 (Stricken from the code) SHORT TITLE This ordinance shall be known and may be cited. as "The Zoning Ordinance of the City of Cape Canaveral, Florida". 632.01 631.01 (Stricken from the code) 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 631.01. (cont.) (Stricken from the code) (10) Rev. 7.3-79 (Stricken from the code) Public (Stricken from the Code) Access Easement - An easement less than twenty feet wide dedicated and used for utilities and vehicles. Not qualified as an alley per subdivision, code. customarily incidental and subordinate to the principal use or structure. 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. (2) 630-.-01—(Cont.) (Stricken from the code) 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 THEREFORE BE IT ORDAINED BY THE PEOPLE OF THE CITY OF CAPE CANAVERAL, FLORIDA: 631.03 (adding to the code) 630.03 (Stricken from the code) 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. 630.05 SHORT TITLE This ordinance shall be known and may be cited as "The Zoning Ordinance of the City of Cape Canaveral, Florida". ' 631.01 ZONING DEFINITIONS• For the purposes of this ordinance, certain terms or words used herein shill be interpreted as follows: The word person includes a firm, association, organization,"partnemship, trust, company, or corporation as well as individual. The present tense includes the future tense, the singular number includes the plural number includes the singular. The word shall is mandatory; the word may is permissive. The words used or occupied include the words intended, designed, or arranged to be used or occupied. The word lot includes the. words plot or parcel. Accessory Use - A use or structure on the same lot with, and of a nature customarily incidental and subordinate to the principal use or structure. 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, Nultiple 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 innerjobby through which all tenants must pass to gain access to apartments, rooms or units. approved Structure- Insert here Approved structure- means that which is built or constructed or an edifice or building of any kind in which collected non- 20:81 hazardous material may be stored. Definition taken from pg. 50 Jan this is an excerpt from our old ordinance I re-read your first few pgs. I found 631.01 2nd paragraph has been wrong since it was typed in 1975 XXIV. 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, part- nership, trust, company, or corporation as well as an 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 include the words intended, designed, or arranged to be used or occupied. The word lot includes the words plot or parcel. 1. Accessory Use - A use or structure on the same lot with, and of a nature customarily incidental and subordinate to the principal use or structure. 2. Alcoholic Beverage - As defined by section 561.01 (7), Florida Statutes. 3. 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. 4. Apartment - See Dwelling, Multiple Family 5. 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 td apart- ments, rooms or units. -138- (3) Automotive Vehicle- Any self-propelled vehicle or conveyance designed and used for the purpose of .'transporting or moving perons, animals, freight, merchandise or any substance. The phrase shall include passenger cars, trucks, buses, motor homes, motorcycles, scooters and station wagons, but shall not include tractors, construction equipment or machinery or any device used for performing a job except as stated above. Awning- A detachable, rooflike cover, supported by the walls of a building for protection from sun or weather. building for protection from sun or weather. Automotive Repair Facilities - This term shall include all mechanical. engine overhaul or repair, and body work and painting of automotive vehicles. 631.01 5-6-81 minutes (delete) THE ORDINANCE, AS FOLLOWS: 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 YEAR. Buildng Official- The official charged with the administration and enforcement of this ordinance as provided for in Chapter (Chapter Number to be inserted when retyped.) Building or Structure- Any structure constructed or used for residence, business, industry or other public or private purposes or accessory thereto, including tents, lunch wagons, dining cars, trailers, mobile homes, sheds, garage, carports, animal kennel, structures of all types, storerooms, billboards, signs, gasoline pumps and similar structures whether stationary or movable. 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- A movable living unit or similar portable structure having no other foundation other than wheels, jacks or block, designed to be moved from one location to another automotive vehicle, may be collapsible and customarily used for recreational and camping pursuits, not in excess of eight (8) feet in width. Church- Any building occupied as a permanent use for religious exercises as a primary use. Clinic- An establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists or other persons practicing the healing arts together. The term does not include a place for the treatment of animals. Common Open Space -A pafcel, parcels or area of land or land and water, other than a dedicated canal, within the site zoned for townhouse residential or used for.site plan procedure and designed and intended for the use or enjoyment of residents living within the zone or structures and area Insert in Definitations Section 1. Containers - any cans; barrels; drums or tanks from pg. 50 (except stationary tanks) would be used for the outside storage of non -hazardous materials. proposed or in progress, as authorized by 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. 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. (illegible) Courtesy Notice- A notice of a public hearing, not required by law, mailed. at the City's discretion to property owners within five -hundred (500) feet of property subject of said public hearing. Drive -In Restaurant or Refreshment Stand- Any place or premises used•for -sale, dispensing, or serving of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverageson the premises. Dwelling, Single Family- A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only. Dwelling, Mobile Home- A detached residential dwelling unit over 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 designed 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- One room or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, or longer basis, and physically separated from any other rooms or dwelling units which'may.be.in the same structure, and containing independent cooking and sleeping facilities. 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) persons who are not necessarily so related, living together under one roof as a single household unit. 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 v'sion.through such surface in a horizontal lane. See 609.55 also Section 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. 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. (Delete) Final Development Plan - Final development Plan is the Development Plan approved by the Board of Adjustment and recorded with the Clerk, of the Circuit Court of Brevard County according to the provisions of this Ordinance. Floor Area - The sum of the gross horizontal areas ofthe 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. (Delete) Floor Area Ratio - The floor area of the building or buildings on any lot divided by the area of the lot. (See 638.71). 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 together in such a manner as to form a boundary or barrier. . Height of Building - The vertical distance from the established average sidewalk or street grade or finished grade at'the building 631.01 Height of Building- The vertical distance from the minimum established flood. elevation point in accordance with Code Chapter 624 (to be filled in at a later date.) (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, (See 639.57). (6) 631.01 (Cont.) 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- Abuilding 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 indicental and subordinate to the main use and must be 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. 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 suirtable materials in complementary fashion over a tract of land for aesthetic effect. Living Area- The minimum floor area of a telling 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 off-street parking space. 3-4-81 Deleted ✓ (7) 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. (illegible) case of division or combination of parcels shall any residual lot or parcel be created which does not meet the requirements of this ordinance except f townhouses. Such lot may consist of: (illegible) requirements of this ordinance. Such lot may consist of: (except taken) A. A of record; or 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 portion of lots of record; and/or D. A parcel of land described by metes and bounds. 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 foremost point of the lot meet at an interior angle of less than one hundred thirty five (135) degrees . Lot Dimensions: A. Depth- 0f 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. 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 construed to be the portion nearest the street. (Ord. No. 21-77, Sec. 1,7 Feb. 19.78) Lot, Interior- A lot with only one frontage on a street. Lot Line- The boundary line of a lot. 631.01 (cont.) Lot of Record - A lot whose existence, location and dimension have been legally recorded or registered in a deed or on a plat. Lot, Reversed Frontage - A lot on which the frontage is at Lot of Record- A lot whose existence, location and dimension 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 corner than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to a double frontage lot. Major Recreational Equipment- Boats and boat trailers, travel trailers, (illegible) MANUFACTURED HOUSING/BUILDING MEANS A CLOSED STRUCTURE, BUILDING ASSEMBLY, OR SYSTEM OF SUBASSEMBLIES, WHICH MAY INCLUDE STRUCTURAL? ELECTRICAL, PLUMBING, [5-6-81] HEATING, VENTILATING, OR OTHER SERVICE SYSTEMS MANUFACTURED IN MANUFACTURING FACILITIES FOR INSTALLATION OR ERECTION, WITH OR WITHOUT OTHER SPECIFIED COMPONENTS? AS A.FINISHED BUILDING OR AS PART OF A 1.FINISH) COMMERCIAL 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 belconsidered as a marina, nor boat docks accessory to a multiple family dwelling where no boat -related services are rendered. 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 automobile, ingress to rooms need not be through a lobby or office, and parking usually is adjacent to the dwelling unit. 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, setback 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 or structure, use of structure and premise or characteristics of any use which was lawful at the time of ( peel from this pg. 50 ) but which does not conform with the Provisions. 2. Non-hazardous material- any material which does not increase nor cause an increase of the hazard of menace of fire to a greater degree than that- customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire. Oceanfront lots is considered as fronting on a public access easement and include those lots adjacent to a dedicated street. (Ord, No. 21-77, Sec 1) (Stricken from the code) Open Space Area- - That area of the lot which is to be left open for free circulation ofair and which provides an area for recreational and/or leisure. pursuits. Not to be included aspart. 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. Patio- See Terrace Parking Space 0ff-Street- For the purposes of this ordinance the term "off- street parking space" shall consist of a minimum paved area two -hundred (200) square feet with minimum dimensions of ten (10) feet by twenty (20) feet for parking an automobile, exclusive of access drives or aisles thereto. Parking Space, Off -Street - For the purposes of this ordinance the term "off-street parking space" shall consist of a minimum paved area two- 631.01 Playground/s- 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 , park or outdoor recreation facility set aside for such use by children. A playground may be. public or private, however, any recreation 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 an 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. regulations applicable to .the principal building. 631.01 (cont.) See pg. 2 Access Easement Public Access Easement - An easement less than twenty feet wide dedicated and used for utilities and vehicles. Not qualified as > Access Easement- (Public was deleted) An easement dedicated and used for utility.vehicles. Not qualified as an alley per subdivision code. (Ord. 21-77, Sec. 1 7 Feb. 1978) 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. (Ord. 8 79, 7.3.79) (Stricken from the code) Residential District- The R-1, R-2.District. 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. Schoolgrounds- All the land included in the lot or parcel upon which a school building is regularly used (excepting vacation periods) by elementary and/or secondary school students. The school and/or land may be public or private. Service. Station- Buildings and premises where petroleum products supplied at retail, as a primary`use,- and ,where, in addition,services may be rendered and sales made as specified by this Ordinance. rather a campus. Service Station - Buildings and premises where: gasoline is supplied Setback- A required open space on the same lot with a principal building,, which space is unoccupied and unobstructed by buildings from the ground upward, except as specified in 639.49 & 639.51. Sign- Any device to inform or attract attention.. (Oat 5 20-81 ) (Deles book Phone this crossed off) Front Setback -.The required open space extending across the entire width of the lot, from the front lot line to the Ad specified distance from the front lot line B. Side Setback.,- The required openµ,space extending from the front setback to theear setback, arid extending from the side lot line to the specified distance from the side lot line. C. Rear Setback - The required-open space extending across the entire width of the lot, from the rear lot line to the specified distance from the rear lot line. XXXX (crossed off) D. Driveway, Parking and Accessory Structure Encroachments Within Setback Area/s - Encroachments,within any setback area are permitted only as specified in 639.49 and 639.51 hereof. Sign - Any device to inform or attract the attention.,ofmpersons-not on the premises on which the sign is, located, provided however, that the followings shall not be included --in-the - application- -of the - regulations" herein: 3-18-81 631.01 (cont.) 631. 01 (Cont.) Deleted ok 5-20-81 (Code Book crossed off) (11) A. Signs not exceeding one (1) square foot in area and bearing only property numbers, post office box numbers, names of occupants of premises, or other identification of premises not having commercial connotations; B Flags and insignia of any government except when displaye 'in connection with commercial promotio; C. Legal notices, identification informational, or directional signs/erected or required by governmental\bodies; D. Integral decorative or architectural features -of buildings, except letters, trademarks, moving parts, or moving lights; E. . Signs directing and guiding traffic and parking on private property, but bearing no advertising matter. Signs, Number and Surface Area - For the purpose, of determing number of (Deleted 3-18-81) signs,, a sign shall be considered to be a single display surface —Or display device containing elements organized, related; and composed to (XX Ok Delete) 5-20) form a unit4Jhere matter is displayed. Ain, a random manner without organized relationship of elements, or where -there is reasonable doubt about the relationship of elements;---eaci element. shall be considered to be a single sign. The surface area -of sign shall be computed as including the entire arca within a regular geometric form-e:, : rising all of the display area of the sign,and including all the elene t-s-of the matter displayed. Structural members not bearing advertising matter sh la not -be -included incomputation of surface area. Sign, On -Site - A sign relating in its subject matter to the premises (Deleted 3-18-81) on which it is located or to products, accomodations,-- services, or activities on the premises. Sign, Off.-Site-- -A sign other than an on-site sign. (Deleted 3-18-81) (Deleted Ok 5-20-81) Special Exception - A special exception is a use that would not be 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. Story- That portion of 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 between the top -most floor and roof. A basement or cellar not used for human occupancy shall not be counted as a story. (12) 631 Street- A street for the purposes of this section shall be a public or private right-of-way set aside for public travel. Str pri A. Street Right-of-way Line- The property line which bounds the right-of-way or- set aside for use as a street. A. D. Street Centerline- The midpoint of the street right-of-way. Swimming Pool- (ok) Any portable pool or permanent structure containing a body of water eighteen (18) inches or more in depth andlor two hundred fifty (250) square feet of surface area or more of water service area, intended for recreational purposes, including a wading pool, but not including an ornamental B. reflecting pool or fish pond or'other type of pool regardless of size, unless it is located and designed so as to create a hazard or be used for swimming Surior wading. of sgTent- A collapsible shelter of canvas or other fabric type material. rep Terrace- An open space adjacent to the principal buiIding on one or two of sides, prepared with a hard,' semi -hard, or improved surface, for the purpose usof outdoor living. TeTownhouse- RESERVED FOR CITY ATTORNEY OPINION 1 Terrace - Ari open space aaj acent to the principal sides; prepared with a hard, semi --hard, or improved surface and-unGover-ed, f0r i-1,La rnnGP of nntdnor THE DEFINITION OF A TOWNHOUSE WAS DISCUSSED AND THE FOLLOWING Toy ttr DEFINITION WAS AGREED UPON TO BE PUT IN THE ORDINANCE:: TOWN rQUSfi pre A SINGLE FAMILY DWELLING UNIT CONSTRUCTED IN A SERIES OR GROUP 0 Toy ATTACHED UNITS WITH PROPERTY LINES SEPARATING SUCH UNITS. To. including finished attics, finished basements and all covered areas, including. porches, sheds, carports, and garages. - \ 4. Trailer means (Stricken from the code) 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. (Ord. No 3-78, Sec. 1, 4-Apr-1978). (From Page 50) unit for travel, recreational and vacation uses, which (1) is identified -on the unit or classified by the manufacturer as a travel trailer; and (13) 631.01 (Cont.) (2) is not more than eight (8) feet in width. Vacant - A building or parcel of land Which is neither occupied nor used. or is in a non-operative-state-for-a-period-of-six-(6) consecutive months or more. (ok 3-25-81 5-20-81) 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 surface(crossed off) from ground level to its top is open to permit the transmission of light, air, and vision through such surface in a horizontal plane.. 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 provided. Generally applies to the area from each lot line to the principal balding and its attached porches, sheds, car- ports, garages and storage area. (Ord-No. 17-76,- 21-Sep- 1976). (Stricken from the code) 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 Sec. 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. (14) 633.01 (Cont.) (ok 5-20-81) 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 Nap as follows: "On (date), by official action of. the City Council, the following (change) changes were made in the, Official Zoning Nap: (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. No changes of any nature shall be made in 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 Chapter (Section) 645.39. 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 Neap 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. 633.03 REPLACEMENT OF OFFICIAL ZONING MPS 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 b9' resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning N1ap. The new Official Zoning Nap may correct drafting or other errors or omissions 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 replaces the Official Zoning Map adopted (date of adoption of map being replaced) as -part of Ordinance No.10-75 (Stricken from the code), 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 partsthereofremaining shall be preserved together with all available. records pertaining to its adoption or amendment. (15) 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 rifles 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 line; 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 bulkhead 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; E. Boundaries indicated as parallel to or extensions of features indicated in subsections (A) through (D) above shall be so construed. Distances not specifically indicated 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 coverer by subsections (A) through (E) above, the Board of Adjustment shall interpre the district boundaries. 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 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. (16) 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 narrow or smaller rear setback, front setback, side setbacks, or other open spaces than herein required; or in any other manner contrary to the provisions of this ordinance. ADDITIONAL BUILDINGS No part of a setback, or other 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 6335.06 SETBACK, OPEN SPACE, PARKING, LOADING REQUIREMENTS FOR ADDITIONAL BUILDINGS No part of a setback, or other 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 of loading space similarly required for any other building. 635.07 DIMENSION OR AREA REDUCTION BELOW MINIMUM REQUIREMENTS (S-?) No setbacks 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. (5-20-81) defined herein, and Every building or structure hereafter erected shall be located on a lot as, (Stricken from the code) shall be adjacent on a lot 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. (17) 635.13 ZONING CLASSIFICATION OF ANNEXATIONS The zoning classification of all property which may hereafter be annexed to the City shall be determined by the City Council upon re- commend tion 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, or a use allowed as a Special Exception, shall be treated in the same manner as the use to which it is similar. Any application to permita use which in the opinion of the Building Official is not similar to a listed permitted use or a use allowed as a Special Exception, or due to its nature isanunusual use, shall be referred to the Board of Adjustment which will, according to the procedures set forth fora Special Exception, determine the proper zone for such use. The Board of Adjustment may prescribe appropriate additional conditions and safeguards in the public interest. 637 SCHEDULE OF DISTRICT REGULATIONS 637.01 R-1: SINGLE FAMILY (Stricken from the code) RESIDENTIAL DISTRICT (Low Density 5-20-81) 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 PRINCIPAL USES AND STRUCTURES (ok 5-20-81) Single family dwellings. Provided, however, that in (Stricken from the code-5-20-81) be more than, (Stricken from the code) four and three tenths (4.3) dwelling units per net residential acre. one structure per lot or parcel. (adding to the code). 637.05 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 n-oored to such use shall be used as living quarters, except on provided by 637.62 5-20-81 (adding to the code) (17) 635.13 ZONING CLASSIFICATION OF ANNEXATIONS The zoning classification of all property which may hereafter be annexed to the City shall be determined by the City Council upon re- commendation 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, or a use allowed as a Special Exception, 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/permritted use or a use allowed as a Special Exception, 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. 637 SCHEDULE OF DISTRICT REGULATIONS 637.01 R-L: SINGLE FAMILY 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 PRINCIPAL USES AND STRUCTURES Single family dwellings. Provided, however, that in no case shall there be more than four and three -tenths 4.3) dwelling units per net residential acre. 637.05 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; (18) Rev. 637.05 (cont.) R-1 3. All applicabe regualtions and restrictions of the Corps of Engineers and other Federal, county, state and local controls shall be adhered to. (Stricken from the code)- (put back in 5-20-81 put this back in 1-21-81) 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 639. 637.07 SPECIALEXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT (Delete 5-20-81) A.. (X) Public utility uses and rights -of -way essential to serve the neighborhood in which it is located; B. (X) Public and private schools with conventional curriculums; public libraries; C. (X) Churches and other places of worship; parish houses; Golf course and clubhouse, tennis and racket club and similar activities in keeping with the residential character of the district; D. (X) Public safety structures and equipment, such as fire sub-. - stations, civil defense facilities and the like; F. (X) Public and'semi-public parks, playgrounds , playfields A and recreation facilities. (leave in F type in at two of 637.07 not necessary to make 'A'. just make it sentence) 637.09 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 prohibited. 637.11 AREA AND DIMENSI0N REGULATIONS R-1 Minimum Lot Area: 7,500 Sq. Ft. (Ord. 10-79, 8-7-79) (Stricken from the code) Minimum Lot Width: 75 Feet (18) Rev. 637.05 (cont.) (See Attached for Re-typing) 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. (Reference Section 639.01) 8-22-79 Accessory Structure D. Home Occupations subject to the provisions of Chapter 639. 639.05 (adding to the code), 8-22-79-Home Occupations 637.07 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT A. Public utility uses and rights -of -way essential to serve the neighborhood in which it is located; B. Public and private schools with conventional curriculums; public libraries; C. Churches and other places of worship; parish houses; D. Golf course and clubhouse, tennis and racket club and similar activities in keeping with the residential character of the district; E. Public safety structures and equipment, such as fire sub- stations, civil defense facilities and the like; F. Public and semi-public parks, 'Playgrounds, playfields, and recreation facilities. 637.09 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 prohibited. 637.11 AREA AND DIMENSION REGULATIONS R-1 Minimum Lot Area: 7,500 Sq. Ft. (Ord. 10-79, 8-7-79) Minimum Lot Width: 75 Feet (19) 637.11 (Cont.) Minimum Lot Depth: 100 Feet Maximum Lot Coverage: 30% Minima Living Area: 1,100 Sq. Ft. Maximum Height: 25 Feet (Stricken from the code) (adding to the code)- 30 ft, not to exceed three stories 3 stories not to exceed 30 Ft. above the crown of the fronting apart (illegible) MIINIIMUM SET BACK REQUIREMENTS R-1 Front: 25 Feet Side Interior Lot: 8 Feet or 10% of lot, whichever is greater, up to 20 Feet. Side Corner Lot: 25 Feet Rear: 25 Feet: 20 Feet when abutting an alley. 637.13 OFF-STREET PARKING AND ACCESS Off -Street parking area and access to a public or private street shall be provided in accordance.with Chapter 639. 637.15 R-2: Medium Density Residential District 5-20-81 (adding to the code) 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 prate and protect medium densityresidential development maintaining an adequate amount of open space for such development. . (Stricken from the code)- Some non residential uses compatible with the character of the district are also permitted: (5-20-81) 637.17(adding to the code) 637.23 (Stricken from the code) PRINCIPAL USES AND STRUCTURES Single family dwellings, two family dwellings and multiple family (2-4-81-Deleted) > Delete only A leave paragrpah ), dwellings, provided however, that in no case shall there be more than fifteen (15) dwelling units per net residential acre. Delete B. 1-221-81 Mobile Home Parking and Structures see pag. 23 For be it of this) Suggestion 2-25-81 to Insert this in 637.23 (adding to the code) MOBILE HOME PARKS AND SINGLE DISTRICTS, IN EXISTENCE ON OCTOBER 281 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. (20) 637.25 (Cont.) 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 639.05 -5-20-81 (adding to the code) 3. All applicable regulations and restrictions of the Corps of Engineers and other Federal, county, state-ok 5-20-81 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 639 E. Parking lots and facilities in conjunction with one or more principal use. 6-37-27 (Stricken from the code) SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 637.21 A. Public utility; uses and rights -of way essential to serve the neighborhood in which it is located; B. Public and private schools with conventional curriculums; public libaries; C. Churches and other places of worship; parish houses; D. Golf course and clubhouse, tennis and racket club and similar activities in keeping with the residential character of the district; E. Public safety structures and equipment, such as fire sub -stations, civil defense facilities and the like; F. Public and semi-public parks, playgrounds, playfields and recreation facilities; (21) (PAGE 21 & 25 COMBINED) G. Hospitals, convalescent homes, nursing gomes for human care except institutions primarily for mental care: H. Public and private clubs and lodges not involved in the conduct ofcommercial activities; I. Governmental office buildings, institutions and cultural facilities J. Kindergartens, nurseries, and child care facilities; 637.29 PROHIBI!ED USES AND STRUCTURES 637.23 (adding to the code) All uses not specifically or provisionally permitted herein. 637.22 AREA AND DIMENSION REGULATIONS MEDIUM DENSITY RESIDENTIAL (637.23) adding to the code Minimum Lot Area: One family and two family: 7,500 Sq. Ft. Multiple Family; 10,000 Sq. Ft. Minimum Lot Width: 75 Ft. Minimum Lot Depth: 100 Ft. Maximum Lot Coverage: 35% Minimum Living or floor Area One family: 1,000 Sq. Ft. per dwelling unit Two family: .750 Sq. Ft. per dwelling unit Multiple family: Efficiency: 450 Sq. Ft. per Dwelling Unit One Bedroom:650 Sq. Ft. per Dwelling Unit Two Bedroom:750 Sq. Ft. per Dwelling unit plus 200 Sq. Ft, for each additional bedroom Maximum Height: 25 Ft., exceptthat portion East of Ridgewood to the ocean and between the North/South Section Line and:the. Banana River from the Northern to the Southern Boundaries of the City: 45 Ft. (21) G. Hospitals, convalescent homes, nursing homes for human care except institutions primarily for mental care;. H. Public and private clubs and lodges not involved in the conduct of commercial activities; I. Governmental office buildings, institutions and cultural facilities; J. Kindergartens, nurseries, and child care facilities; 2 637.29 PROHIBITED USES AND STRUCTURES All uses 637 .3r Minimum Lot Area: not specifically' or provisionally permitted herein;.d—y-s . .., . . ., r ,-_ao- :c.t AREA AND DIMENSION Minimum Lot Width: FR n . Lot Depth: Maximum lot Coverage: Minimum Living Area: Maximum Height: REGULATIONS One family and two family: 7,500 SQ. FT. Multiple Family; 10,000 SQ. FT. -family; 75 FL, Fyn- 100 t . -I I .0 K- --• One-faaily, t -Eat q-arid multiple AFgrmarr 35% 2_3 - I- o \° . One family: 1,000 SQ.. FT. per dwelling unit. Two family: 750 SQ. ` FT. per dwelling unit. Multiple family: Efficiency: 450 SQ. FT. per dwelling unit One bedroom: 650 SQ. FT. per dwelling unit -. Ttao bedroein: 750 SQ. FT. per dwelling unit ?S``f' -20s-F- Three bedroom: 900 SQ. FT. per' -' w dwelling unit plus 100 SQ. FT. for each additional bedroom. 1 25 FT.., -c cre c-' `sf • (21) Hospitals, convalescent homes, nursing homes for human care except institutions primarily for mental car_e;. Public and private clubs and lodges not involved in the conduct of commercial activities; Governmental office buildings, institutions and. cultural facilities; J Kindergartens, nurseries, and child rare facilities; 637.29 PROHIBITED USES AND STRUCTURES All uses not specifically or provisionally permitted herein;a,and:,any use rh `ti -Y K not_initeep ng-with-the=residential-rchar-acter of the-di:st-r-ict . 637.31 AREA AND DIMENSION REGULATIONS R-2 Minimum Lot Area: Minimum Lot Width: Minimum Lot Depth: Maximum lot Coverage: Minimum Living Area: Maximum Height: 0ne family and two family: - 7,500 SQ. FT. Multiple Family; 10,000 SQ. FT. One family, two family and multiple family; 75 FT. 0ne family, two family an family; 100 FI. multiple One family, two family and multiple family; 35% One family: 1,000 SQ. FT. per dwelling unit. Two family: 750 SQ. FT. per dwelling unit. Multiple family: Efficiency: 450 SQ. FT. per dwelling unit One bedroom: 650 SQ. FT. per dwelling unit - Twa bedroom: 750 SQ. FT. per dwelling unit Three bedroom: 900 SQ. FT. per dwelling: unit plus 100 SQ. FT. for each additional bedroom. 0ne family, two family and multiple family: 25-1=T3 1, _ •DNS I OI` ,C.JJ IICV. /-j-/-J kEGUEATIONS -�3 _ . Minimum Lot Areas=-� Minimum Lot Width: Minimum Lot Depth: Maximum Lot Coverage: Minimum Living or Floor Area: Maximum Height: HoteI..and mot 1 units o�sek e 'n shmsa1 ave a Sq. Ord. 17-76, §1, One and two family: 7,500 Sq. Ft_ iple family ands �aces o-tels and r_mo_te-1-s Char G e s-a c� o�-pig-a-1 s :- n n e hal f e One and two family: 75 Ft. MuLt-i-ple-famtly-and_afices,-het-els W0 Ft . Churches -aid e-and-two=f-ami ly , multiple family and o f; c e s-1-- charch-es-aitd-hos-p-i-t-a--s , l ate s nd-mo-t-e1 s : 100 Ft. :One--and-two family: 35% r�v7 -� p1 .iiy an a b p-i als: 3 One family: 1,000 Sq. Ft. per dwelling unit. Two family: 750 Sq. Ft. per dwelling unit. Multiple family, r_esidentia One bedroom:.65trSq. Ft. per. M duelling unit Two bedroozn:(750 -Sq,. Ft. •.perA dwelling Unit; .plus. 200.. Sq., .Ft. • for each. -additional bedroom.:: .1 iu Fl or Area Office Off' C _o S s: u it d' c e Uni: Off' Buildings and .10 Sq. 200 S 1; 2=7- One .and Two Famil 1,r 1 a Z1 of .ic=s, ntvrcr�e iosit s , he-ls an • riol -es : 45�., opt lc) al, o crown g taining provisions for cooking or 11 t r area. t : man 400 9-21-76, Ord. 19-78, §1, 12-5-78) (25) Rev. 7-3-79 637.51 AREA AND DIMENSION Minimum Lot Areas: Minimum Lot Width: Minimum Lot Depth: Maximum Lot Coverage: J .LPL nnn REGULATIONS R-3 One and two family: 7,500 Sq. Ft. Multiple family and offices, hotels -and motels: 12, 00.0 Sq. Ft. Churches and hospitals: one half (1/2) acre One and two family: 75 Ft. Multiple family and offices, hotels and motels: 100 Ft. Churches and hospitals: 150 Ft. One and two family, multiple family and offices, churches and hospitals, hotels and motels: 100 Ft. One and two family: 357 Multiple family and offices, church& and hospitals: 35% Hotels and Motels: 4073 Minimum Living or One family; 1,000 Sq. Ft. per Floor Area: dwelling unit. Two family: 750 Sq. Ft. per dwelling unit, Maximum Height: Multiple family, residential One bedroom: 650 Sq. Ft. per dwelling unit Two bedroom: 750 Sq. Ft. per 1welling unit, plus 200 Sq. Ft. fox each additional bedroom. / -Hotels- and —Models : 300 Sq. - Ft -per • �/-rental- unit: Buildings and 1,050 Sq. Ft. 200 Sq. Ft. 2-7-78) h�!! �5 Ai±a � � J, 1-req �b 0, \ One .and Two Family: 25--Ft. 0,(Multiple family, offices, churches, Floor Areas for Office Office Units: Office Buildings: Office Units: (Ord. 21-77, § 1, Ire' .. t .hospitals, hotels and motels: 45 Ft. Ivahl s:i-o�'E� t�t �jtr'jE���� t� 1�ei�'8t� l virt� a,nc110r :i'kt`ICt (17l_'>W11hvtiCA,�.'['''. Hotel.and motel units containing provisions for cooking or light - housekeeping shall have a minimum floor area not less than 400 ►' Sq. Ft. n(SOrd. 17-7].6, §1, 9-21-76, Ord. 19-78, §1, 12-5-78) y i'P ,1 L"hlI(,V0,12.1 ys C, �tiJ 1 1 1 t)' N le :'} 71`. A '.. t F : \L OS 4> ..C1 ►1 r^ i 1" ,17 L. o §ta, . ., -. �! (22) (Rev.) 637.31 (Cont.) MINIMUM SETBACK Front: 02- • (", 1;1 REQUIREMENTS: 2- 49 Side: (Interior Lot) alw fi1y, tika family an-d-m-u-l-t-4-p-1-#14-4-am44-y-44..w.12- ing.c: 8 FT. or 10% of width of lot, whichever is greater, up to 15 FT. -5-De-c-1-978) Side: (Corner Lot) -&21-,e-eiR4-13g-ti*e--anri-l-y-xtrd Rear: (b) On all nonconforming lots of record -a-: t'") • ...,,r.'2irdsr,f-trreir17-1-Tr-C-fra-p-t-er--6-4-3.0,, on side corner 71-4r- lots there shall be a minimum setback Of er? 15 FT. -(Ordo - 15 FT. . _6_3_7_.33 OFF-STREET PARKING AND ACCESS )11.UL/in b37 MR. FOSTER QUESTIONED MOBILE HOME PERMITS -HE SU9 MEDIUM DENSITY RESIDENTIAL INSERT THE REMOVAL AND/OR INs. OE A MOBILE HOME UNIT SHALL BE DONE ONLY AFTER A PERMIT IS Is.• . THIS PURPOSE BY THE BUILDING OFFICIAL AND MAKE IT SECTION 637.35 TITLED MOBILEHOME PERMITS. e-rt• .11.=011,AciAt 111611G1 q.S.CltZi111-y 1.1.60.1 hotel el develoment as set forth in the 1ifd below. 3/ . 637,4-1 PRINCIPAL USES AND STRUCTURES 1 , Single family ior a dwellings, h4-1417r7IR-e-+-e--1--s---a. rrd--h-crte case sVall there be more t mu-l-t-±g1-4--f-ami1y cr.[. Lb -- per net residen .. (c2c, f • .,...0../14..3^_,..i..s-,,o....(!-(2,. ),S7-41. A • t.1 VI i,7:-/taj...b / ...P.'', ' • P, .. . i) i ,X.'-,) \-'7.•\6-4--- II. i\4.:. c,-, t?t. ) A., rrrIP--;-\"4.orn u),,o.A-1:t>- two family dw Ifteen (15 acre; 00\ 1-t?"'e'•-•,A:- nFINAIPL4,ek, I) permitted for regulations • . Cocd1V1 4kr • c-d Eki.6 ttj -kings and m.nlitPle famiiy ded, 'however,' that in no,•• units -fox. •o-t-e-1-& C.,',2 ,...,fliy-' -, • . ,.:).'' ...b.—•5 ,r,:i,k4,!‘-1;....2.—At_,Ay„ 1_,,,,,it.;:::„...,40, ._, . t--- cAr.$1..g.1 ctrel-dli ,,t,mntilit-ny,Al.,,, .2,_5a1,4...vt, ‘--) 4-- 5 C t A)-'-' C_2.-:".7.).-41-.• C.2/'1•-.2-(2t,r-r-I-C2.-rv4 . ti-i.9.:A. , ‘-.:..k--0,..i:\-:t: , ;',..),,,,, L_. -(4—) ,,,.... 0..x,,;,..„.,,,',12,.Act.:.).0.1:›,-,„ ,,,...1,1,7._ . ./S-t--!:k ;_rrivrn,1)U-, -(1.-ei--i0.-/64.rrIA/H21.4.,ci *.:: d.;21)\-- ::='-'(1341--- -- .1 *7; L, il'i...1(Y1'1 j 6/›..,a11Ntk 1-• )"• C.X.,d2e, ..6.- .-Ar•r-t›-t1P.A- f 4/ /5 -,9 .1) , Ook / 10.-41/41.0-44.). t k (22) (Rev.) 4. 637.31 (Cont.) MINIMUM SETBACK REQUIREMENTS: R-2 Front: 0ne family, two family and multiple family; 25 FT. Side: (Interior Lot) 0ne family, two family and multiple family dwell- ings: 8 FT. or 10% of width of lot, whichever is greater, up to 15 FT. (0rd. No. 19-78, § 1,. 5 Dec 1978). Side: (Corner Lot) Rear: r'�-r tL 637.33 OFF-STREET One family, two family and multiple family:. 1�= TT•. (Ord -No. 19-78 § 1 5 Dec 1978). 67 `' 1 I 1 t lii�?1� _f'� 1` ..ir c�,\i fi... +'� ri 1� 1\1`14i V}v►ti'�� PARKING AND ACCESS Off-street parking and access to a public or private be provided in accordance with Chapter 69. 637.41 R-3 MULTIPLE FAMILY DWELLING DISTRICT The provisions of this district are intended to apply to an area of medium density residential development. Lot, height, and other building restrictions are intended to accommodate a controlled degree of development, maintaining an adequate amount of open space for residential uses. Higher density figures will be permitted for hotel/motel development as set forth in the schedule of regulations listed below. 0ne family, two family and multiple family; (a). 25 FT. (b) 0n all nonconforming lots of record as defined in Chapter 643.03, on side corner lots there shall be a minimum setback of 15 FT. (Ord. No. 14-77, § 1, 4 Oct 1977). �i(:�61 ��%�YY L�f •i �111,-Z �} �_'1t l'---.V l�i "dot ��.�l" 4�... 637.43 PRINCIPAL USES AND STRUCTURES street shall A. Single family dwellings, two family dwellings and mulitple family dwellings and motels and hotels, provided, however, that in no case shall there be more than fifteen (15) dwelling units for multiple family or thirty (30)rental units for hotels and motels per net residential acre; (23) Rev. 7-3-79 637.43 (cont.) Professional! offices, studios and similar uses; Medical and dental clinics_and related laboratories; Government offices; Mobile Home Parks in existence .on October 28, 1975 provided the number of spaces shall not exceed those licensed or previously platted to said mobile home S` parks on that date and provided further that said ,-Lmil.mobile home parks shall not exceed the limits of • iGi3 D property also on that date under unity of title. (0rd.8-79, 7-3-79: 637.45 ACCESSORY USES AND STRUCTURES A .. -commercial piers, bathhouses, and ' loading>places inte • ded solely for the use of the adj oi4in T residences, provi • 4.that the . following conditions'r-are met: 1. No dock . pier shall exte over five (5) feet beyond the. operty lin nless the abutting , waterway is o one- undred (100) feet in width- at such. point wh the pier or dock is constructed; 2. No water cr N living t.moored rters; such use shall be used as Al applicable regulations and re 6rps of Engineers and other Federal, and local controls shall be adhered to,;. -commercial botanical nurseries and greenho Customa incidental garages, c character carp accessory uses of a resident nd subordinate to the prin ts, and like, in keep of the istrict; ictions'of the onnty,, state ses; ial {iature, clearly c' al use, including g with the residential Home Occupations subj_ct to -the provisions of Chapter 639; Parking lots and facilitie principal uses; Limited retail and service estab *shments when within a single complex of thirty- ve (35) or including drug an,d'sundry shops, con ctionary shops; newsstand; personal services; de °cates establishments; laundry and dry cleaning "cku and laundroriats and similar uses, provided 'Ya cooerci.a1 display is visible from outside a p building. Such accessory use shall not exceed percent of the gross floor area of a principal in conjunction with one or more operated more units, and coffee sens; eating p stations t no pal five (5) use •r (23) Rev. 7-3-79 637.43 (cont.) 'Government offices; . fro€ess oral —off -ices studios an-d simmilar- -us es; ,Medical ---and dental -clinics and related--l-aboratories ; E. Mobile Home Parks in existence on October 28, 1975 provided the number of spaces shall not exceed those licensed or previously platted to said mobile home parks 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. (Ord.8-79, 33 637.45 ACCESSORY USES AND STRUCTURES A. B. c. F. 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,f_ive (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; 3. All applicable regulations and restrictions of the Corps of Engineers and other Federal, county, state and local controls shall be adhered to; , i• s Home Occupations subject to_the provisions of Chapter.63-9; 1..c)ri` e_7 3C-Cri,4`-.i:; Parking lots and facilities in conjunction with one or more principal uses; Limited retail and service establishments when operated within a single complex of thirty-five (35) or more units, including drug and sundry shops, confectionary and coffee shops; newsstand; personal services; delicatessens; eating establishments; laundry and dry cleaning pickup stations and laundromats and similar uses, provided that no commercial display is visible from outside a principal building. Such accessory use shall not exceed five (5) percent of the gross floor area of a principal use. Non-commercial botanical nurseries and greenhouses; Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including garages, carports, and like, in keeping with the residential character of the district ; , �'��._�;��= :ri eP } i v;�, 63'4 � 07)(Tv �or, , V 33 637 .-47' (24) SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT A. Public utility uses and rights -of way esential to serve the neighborhood in which it is located; B. Public and private schools with conventional curriculums; public libraries; C. Churches and other places of worship; parish houses; D. Golf courses and clubhouses, tennis and racket club and similar activities in keeping with the residential character of the district; 07 E. Public safety structures and equipwent, such as fire sub -stations, civil defense facilities and the like; F. Public and recreation Public and semi-public parks, playgouds, playfields and facilities; private clubs, not involved - in -the -conduct of commercial activities; - H. General office buildings; Governmental -office -buildings; -institutions and- cultural •-facilities; \J9, Kindergartens; -nurseries -and -child care facilities; Radio and television studios, broadcasting towers and antenna; N. Establishments dispensing alcoholic beverages, when operated within a single complex of thirty-five (35) or more units. 637.49 PROHIBITED USES AND STRUCTURES ,) 0 ('(��v( -Hospitals, restoriums, convalescent homes, nursing homes for human care except institutions primarily for mental care; Marinas, including but not limited to water craft used for dwelling purposes; All uses not specifically or provisionally permitted herein: 637.51 (Cont.) Front: MINIMUM SETBACK REQUIREMENTS: R-3 Side Interior Lot\ Residential, offices, hotels and motelsckcnrS,ha l3J}�c�S`c r n_,,v— !1 15 Ft. "Single family residence side setbacktbe llic 4 "for fifty foot lots contiguous with the ocean is ten feet". (0rd. No. 21-77 § 1, 7 'Feb 1978) . „r�� , irospita�s9 -a rid`th --like: 15 F-t-. (26) (Rev.) Re-s4-d-en-ti-a1, offices, hotels and motels: 25 Ft. -C-h-u r— h-e-s ; ho-s p t-a-1 s—and—the-1 -k e 25 F t . (Ord. No. 19-78 § 1, 5 Dec 1978). One family, two family and multiple family, 8 Ft. or 10% of width of lot, whichever is greater, ,up to 15 Ft. (0rd. No. 21-77 § 1, 7 Feb 1978). Side Corner Lot: es dcnt�a-1-; of-f-is-es 9 hotels and --motels; ..0,4,0 2 5 F t . Chu-reties---hosp'iC31s, .gird-th-e---li-ke: 25 Ft'. On all nonconforming lots of record as defined in Chapter 643.03,\one family, two family, and multiple dwellig; on side corner lots there shall be a minimum setback of 15 feet. (Ord. No. 14-77 4 Oct\1977). Rear: Residential, offices, hotels and motels: 15 Ft. Churches, hospitals and the like: 25 Ft., 20 Ft. when abutting -an alley. (Ord. No. 19-78 § 1, 5 Dec 1978). 637.53 MINIMUM BREEZE REQUIREMENT At least 25% of the North/South dimension of the property open to the breeze in an East/West direction. This shall required setbacks. shall be include 637.55 MAXIMUM LENGTH • OF ANY BUILDING DI A NORTH/SOUTH DLRECTION 185 f 637.57 LAIDSCAPING A ten (10)\foot landscaped buffer adjacent to any street and two and one half (22) feet landscaped buffer adjacent to any abutting lot shall be required. ( 637.59 'MINIMUM .OPEN 'SPACE AREA REQUIREMENT The minimum open spade required is fifteen (15) percent of the total lot area. Not to be included as part of open space area are the following: setback reqarernents , area occupied by all building structures, parking area,\roads and drives, Recreational areas and swinming pools may- be included in the calculation of minimum open space, 637.60 OFF-STREET PARKING AND. ACCESS Off-street parking and access to .public or private street shall be provided in accordance with Chapter \ 39; 637,01 637 , 61('NH-�]. �'' '.SINGLE 'FA1 ELY NOB= -HOME -DISTRICT • The provisions of this district are intended toapply to areas devoted to single family mobile homes, (Ord. 29-75, 21 Sep 1976) ._ 637,63 ' 'PRINCIPAL 'USES 'AND -STRUCTEJRES \ A, Single family mobile home units; B. Public recreational facilities; C. , Home occupations (Ord, 29-75, 21 Sep 1976): 637, 65 . ACCESSORY 'USES 'AND 'STRUCTURES A. Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use. Structures used for accessory uses shall be detached from the mobile home unit, shall have no sanitary plumbing or kitchen facilities and shall not be used for home occupations. (Ord. 29-75, 21..Se 1976), 1976). -a 4 --=1-ct MINIMUM SET BACK REQUIREMENTS: MH7.1 20 feet 7-1/2 feet 15 feet (Ord. 29-75,Sec. 1, 21 Sept. 1976) (28) Rev. 7-3-79 637.67 ATTACHED STRUCTURES Structures attached to mobile units shall be limited to screened enclosures and shelters over patios or porches. These structures shall b \constructed of metal, fiberglass or glass or any combination thereof and shall be comprised of manufactured components\recognized by the component manufacturer as being suitable for\ use with a mobile home unit as part of an attached structure. (\Ord. 29-75, Sec. 1, 21 Sept. 1976) 637.69 SPECIAL,EXCEPTIONS A. Schools, churches. (Ord. 19-75, Sec. 1, 21 Sept. 1976) 637.71 PROHIBITED USES AND STRUCTURES All uses not specifically or provisionally permitted herein. 637.73 AREA AND DIMENSION REGULATIONS: MH-1 Minimum Site Size: Minimum site for development of an area shall not be less than 6 acres. Minimum Lot Size: An a \eanot less than 6000 square feet and having a frontage of not less than 85 feet',and having a depth of not less than 70 \ feet. (Ord. 8-79, 7-3-79) 500 square\feet . Minimum Living Area: Maximum Height of Structure: Front: Side: Rear: 637.75 OFF-STREET PARKING Off -Street parking and access to a public or private street shall be provided in accordance with Chapter-6-39 of this Ordinance. (Ord. 8-79, 7-3-79) 637.76 SIDEWALKS \ Sidewalks with a width of four feet, constructed of condrete in accordance with City specifications shall be provided on each side of all streets in the development with lot frontage. Side- walks construction shall coincide with street paving and shall be complete before occupancy of any lot. •(Ord. 29-75, Sec. 1\ 21 Sept. 1976) 15 feet 9(O\ Rs2= U,tF9- '. ,'A� m - ,to(p.Jo - .637.77-- DEVEH,OFti �'1-STANDARDS ;. The = innun design and constriction requireents for potable water 0/3 ct (28a) y sstern ,\.sanitary sewer systems, storm drainage systems, grading and street paving, shall be in accordance with the requirements of/Chapter 503 of.the `\City Code pertaining to subdivision of land, except that streets shall have a min m un paved width of 20 feet andshall be located syrnettically about the centerline of a 34 foot right of way. In addition, the following shall apply: // (A) All electrical power, gas, community antenna, television and telephone systems shall be underground, conforming to applicable ordinanrses, codes and utility company regulations. (B) A street lighting system providing illumination conforming to applicable standards of the illumination Engineering Society shall be installed; (C) An adequate fire protection system Consisting of fire mains, hydrants, and necessary appurtenances shall be 'provided. Plans and specifications for the fire protection system shall be approved by the City Engineer\and Fire Marshall before work is . comenced on the system. The system shall be installed in accordance with the approved plans and specifications; (D) All requirements of this section entitled "Development Standards" shall be complete throughout the entire development and approved by the City and other apPlicable agencies prior to occupancy of any lot. (Ord,. I OT-29-75R-Sec-v -1. 9-Nar-1976) 637.78 NON -CONFORMITY: The provisions of Section 643 apply to this district except as follows: (A)" Due to the limited life of mobile home units and the need to replace or upgrade these units from time to time, nothing contained in Section 643 shall prohibit the removal\ of a mobile home unit and/or the installation of a mobile home unit on a lot or lots in this. district provided that the area and dimensions regulations and the ilmum setback requirements for a\MH-1 District in effect at the tine of the passage of this ordinance are not violated. (arch: --No-29=4-5 Sec. Lots in former 7R-1 Zoning District The provisions of Chapter 643, Legally Established Non -conforming Lots, Non -conforming- Structures and Non-confozmula Uses, shall not apply to all lots of Record situated in t e owner T'R-1 Zoning District (Justamere Road). All such lots and uses thereon shall be conforming lots and uses. The setback requirements for r, .� !r, bS7:8T C!-(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 in- tended to serve the consumer needs of nearby residential neighborhoods as well as the commercial needs of the motorist. Lot sizes and other restrictions are intened to reduce conflict with ajacent residential uses and to minimize the interruption of traffic along thoroughfares. 637.8-- PRINCIPAL USES AND STRUCTURES The following uses and structures are permitted for any use group or uses that are developed, either separately, or as unit with certain site improvements shared in common. A. Retail stores, sales and display rooms; B. ar e-f- a Personal service establishments such as beauty and barber shops, laundry and dry cleaning pickup stations, tailor shops, and similar uses; C. Professional offices, studios, clinics, laboratories, ) general offices, business schools and similar uses; shall a rental unit have a floor area less'than 300 SQ o.FT.; Hotel and motel -units containing provisions for e cooking or light housekeeping shall have a minimum floor. Sept. Hotels, motels - in no case shall there be mo e than 7-% thirty (30) rental units per net acre; nor L E. F. G. H. I. J. K. L. M. ;fie( area not less than 400 square feet. (Ord. I976):: Eating establishments; I7-76, 2] Public and semi-public parks, playgrounds, clubs and lodges, cultural -facilities, hospitals, clinics, rest-ertnms, mortuaries, funeral homes, government offices, schools, churcheS� and similar uses; Banks and financial institutions;, Public and private parking lots; garages used for vehicles and storage of personal effects only; (Ord. 2]-78, 2-6-79) Commercial recreation such as driving ranges, bovaling alleys, and similar uses; Plant nurseries and greenhouses, providing that all outside display of merchandise shall be contained in the required setbacks; Repair service establishments such as household appliances, radio and TV and similar uses, but not including automobile repairs; Mobile Home'Parks in existence on October 28, I975 provided the fiber of spaces shall not exceed those licensed or previous atted to said mob' - . - •.- - •n that date, and provid said mobile home parks shall not --. e limits of property a date under unity of title; (Ord. 8-79, 7-3-79) Business service establishments; PAGE TWO 637.E 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. 63.7.4' SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT A - /Jayt sG-� ir./3 The Board of Adjustment shall increase setback and provisions noted in Chapter 639 as necessary and appropiate in granting special exceptions. Veterinary hq pitals and clinics; Radio and television studios, broadcasting towers and ( antennas; 'n Service stations, subject to the following privisons:' I. All setbacks shall be no less than twenty-five (25) ft. 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. 3. Curb Cuts: The number. of curb cuts or driveways shall not exceed two (2) for each street frontage. Such curb -cuts shall be a maximum of thirty (30) feet wide and shall be located no closer to any intersection than twenty-five (25) feet, and no closer to any rear or side lot than fifteen (]5) feet. Curb cuts and driveways shall be constructed according to City specifi= cations. 4. No service stations shall be erected or located within one hundred AA fifty (] 50) feet of the property line of any church, hospital, school or park. 5. A visual screen, meeting the specifications of Chapter 639 shall be provided along any property line abutting a residential district. 6. Services and Sales permissible include only the following: (a). Sale and servicing of spark plugs, batteries, and distributor parts; (b). Tire servicing and repair, but not recapping or regrooving; (c). Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings/mirror and the like; .(d) Radiator cleaning, and flushing and repairs including removing of tanks or recoring of radiators. 1p 2.: Notwithstanding the provisions of this paragraph, 1/(l requirements as set forth in the dgeAti. Standard Building Code, including Section 505 shall be compliec eb� with, as well as the Occupational Safety and Health Act; (e) Washing and polishing, and the sale of automotive washing and polishing materials; (f) Greasing and lubrications; (g) Providing and repairing, fuel pumps and lines; PAGE. THREE (h) Minor servicing and repair of carburetors. (i) Wiring- repairs;, notwithstanding the provisions of tliis paragraph, requirements as set forth in the S. Lf�� er-n .Standard Building Code, including Section 505 �1e - I ��e — r — shall be complied with as well as the Occupational C i �4�lOIL Safety and Health Act; l Adjusting and repairing brakes; e (' / e- I,f�� (j) (k) Minor motor adjustments not involving removal of the head of crankcase or racing the motor; (1) Sale of cold drinks, package foods, tabacco, and similar convenience goods for service station customers, as accessory and incidental to principal operation; ) Provision of road maps and other informational, material to customers, provision of restroom facilities (n) The rental of moving or travel trailers and trucks*-; ,Notwithstanding the provisions of this paragraph, requirements as set forth in the Building Code, including Section 505, shall be complied with'as well as the Occupational Safety and Health Act. (o) Major mechanical repairs performed only within the confines of the service staion building;, /\ 7. Vehicles may 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. 8. 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 grater than normally found in service stations. A service station is not a major repair garage nor a body shop. 12L c cl U cCci_.._ E. Places in which goods are p--revdued-and sold at retail upon the premises; i• C Vocational and trade schools not involving operations of an inductrial nature; , Establishments dispensing alcoholic beverages;'\ Dry cleariing,establishments using noninflammable solvents and cleaning.rflusids as determined by the Fire Chief; Retail stores using outside display areas providing the followir provisions are met: The area of outside display shall not exceed in size one-third (I/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 restricitons: I. All outside areas where merchandise is displayed shall be paved; PAGE FOUR 2. All ingress and egress points to abutting streets shall be marked clearly and placed not closer than one hundred fifty (]50) feet apart of 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, which shall be in an enclosed area, and the vehicles shall not be visible from outside the property; 5. Ingress and egress points shall not be placed so as to endanger pedestrian traffic. Marinas; 637.S8-9' PROHIBITED USES AND STRUCTURES A. All uses not specifically or provisionally permiteed herein; B. Any use which fails to meet "Performance Standards" speci- fictions-.as provided in Chapters 639.]3 to 639. C. Theatres, Drive-in theatres, -bey stud- es-voi- Q (dAs-,-o .- -621r1r. AREA AND DIMENSION REGULATIONS Minimum Lot Area: Service Stations & Hotels and Motels: I2,000 SQ. FT. All other principal uses and structures; 5,000 Sq. Ft. and in addition, the ratio of gross floor area to lot area'shal.l.not exceed I.5: I.0 Minimum Lot Width: Service Stations & Hotels and Motels: 100 Ft. Minimum. Lot Depth: Maximum Lot Coverage: -r1�►� af or Ft0or 1'1R��i ,_ 1--1.'o he-r—pr-in�iap1-usc -ands str-ucture-s: 500- _J Hotels and Motels: 300 DA. Ft. per rental unit. Heel and motel unit• containing provisions for cooking -or light housekeeping shall have a minimum floor area not less than -400 square feet. All other principal uses and structures: ,300 Sq. Ft., All other principal uses and structures; 50 Ft 100 Ft. Maximum Height: Hotels and Motels: 45 Ft. All other princiapl uses and structures: 40 F MINIMUM SETBACK REQUREMENTS: Front: Side Interior Lot: l Side Corner Lot: Rear: 25 Ft. None except when abutting a 25 Ft. residential oned district. 25 Ft. None except when abutting a 25 Ft. residential Pv zoned district. (Ord. 17-76,.9-2I-76, Ord. 21-78, 2-6-79) PAGE FIVE S? 637.9`3' LANDSaAPINGihND SCREENING AND OFF-STREET PARKING AND ACCESS Defined in Chapter 639 (Supplementary District Regulations) of this Ordinance. Off-street parking and access to a public or private street shall be provided in accordance with Chapter 639. 637.78 (Cont.)* these lots shall be as follows: Front: Side: Par 15 feet 5 feet 5 feet (Ord— No� -2=78; Sec: --1,, 21- Feb. 1978)-. 637.79 PERMIT The removal and/or installation of a mobile home unit shall be done only after a permit for this purpose is issued by the Building Official. (Ord._No.—�9 75- Sece 1; 9-Maz�1976): �� 637. C-1 LOW DENSITY COMMERCIAL DISTRICT cr3 The provisions of this district are intended to apply to an area adja-- ' cant 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. - 637. 3- PRINCIPAL USES AND STRUCTURES The following uses and structures are permitted for any use .off group of uses that are developed, either separately, or as a unit with certain site improvements shared in common, on -a -site_ of_thr-ee- (3)`=nacres==or- less: (.29) Rev. 7-3-79 6.37:83 (cont.) Retail stores, sales and display rooms; Personal service establishments• such as beauty and barber shops; laundry and dry cleaning pickup stations, tailor shops, and similar uses; Professional offices, studios, clinics, laboratories, general offices, business schools and similar uses; Hotels, motels - in no case shall the3Fe,-b ore than - -thirty (3&)-rem nit net residential acre; nor shall a rent�it a or area. legs Than three hundred (300) square feet; Eating establishments; and semi-public parks, playgrounds, clubs and tural facilities, hospitals, clinics, mortuaries, funeral homes, government. , schools, churches and similar uses; Banks and financial institutions; Public lod• es I Public and private parking lots; garages used for vehicles and storage of personal effects only; (Ord. 21-78, 2-6-79) Commercial recreation such as driving ranges, bowling alleys, and similar uses; - J. Plant nurseries and greenhouses, providing that all outside display of merchandise shall be contained in the required setbacks; K. Repair service establishments such as household ,appliances, radio and TV and similar uses, but not including automobile repairs; -Hultiple . 19 c a s e44--t-ir - G ias e-�r+ � a./1s. i to en (15) •dwe 17 i mg Mobile Home Parks in on October 28, 1975 provided the number of spaces shall not exceed tho licensed or previously platted to said mobile home parks on that date, and providedfurtherthat said mobile home,parks shall not exceed the limits of p '...- - s e 1 -_- - ,.,: F \ _i `` j roperty ,r.6-'- _- • \1�,4"nrwT � .��-' also on that .i1ate under unity of title.; (Ord. B `79,-7-3-79);.=;1'= -` rn637.8-5 . ACCESSORY USES AND STRUCTURES y9 Customary accessory usesof one or more of the principal clearly incidental and subordinate to the principal, use, keeping with the low density commercial character of the district are peimitted. uses in (29) Rev. 7-3-79 637.83 (cont.) A. Retail stores, sales and display rooms; B. Personal service establishments such as beauty and barber shops, laundry 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 residential acre; nor shall a rental unit have a floor area less than three hundred (300) square feet; Eating establishments; Public and semi—public parks,playgrounds,, clubs and lodges, cultural facilities, hospitals, clinics, restoriums, mortuaries, funeral homes, government offices, schools, churches and similar uses; G. Banks and financial institutions; H. Public and private parking lots; garages used for vehicles and storage of personal effects only; (Ord. 21-78, 2-6-79) 1. Commercial recreation such as driving ranges, bowling alleys, and similar uses; J. Plant nurseries and greenhouses, providing that all outside display of merchandise shall be contained in the required setbacks; K. Repair service establishments such as household appliances, radio and TV and similar uses, but not. including automobile repairs; Multiple family dwellings, provided, however, that in no case shall there be more than fifteen (15) dwelling units per ne.t residential acre; M, Mobile Home Parks in existence on October 28, 1975 provided the number of spaces shall not exceed those licensed or previously platted to said mobile home parks 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; (Ord.8-79, 7-3-79) 637.85. 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. P. 137,6/ 638;4 ACCESSORY USES AND STRUCTURES A. Retail sales of ,products manufactured, processed or stored 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 anddevelopment character of the district. 637.51 -6388 47- SPECIAL EXCEPTIONS PEIZaSSIBLE BY BOARD OF ADJUSIC•ENT Public Utility uses and rights -of way , Radio and televisiorr"studios,, broadcasting to,::ers and antennas.. Establishents dispensing alcoholic beverages. 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 ireet the Infriirra.zn requirements and performance standards as set forth in this zoning district. I bb ckaTi-7, (� 31 a,o dzz, pta cztrginxi-h. „„cia,3 4Aufk 1..4k Cxivn.tw -O S • Pct. 3°at(.4 PR 57 M �}(�(��,� `D L = ��.,t) _ r� cx naG.t�� ctiA • ua4 pct 3o13/1cA.b- • 637.87 S. (30) l SPECIAL EICEP1'lONS PERMISSIBLE BY BOARD OF ADJUSTMENT g-thaw e-- g. a2 " v 1. All - _ _ used . for board ortenporary housing of I. aminais sha be completely enclosed unless appropriate safeguards are c.'Eructed to control objectionable odors. and/or noises;as as dete ed by the Board of Adj us tznent . 2. Ar�.yarea used for boarding or t- ' o ary housing of animals y sha11 be' buffered from all adjacent pr.. ties by a visual. screen, meeting the specifications of C'napte 9.69 and any other conditions required by the. Board of Adj nt. tRadio and television studios, broadcasting towers and antenna,s; Service -stations, subject to the following provisions: 1 Minirnun Lot Area: (L. 2. Y. ' u Lot Widtn: _off 33 v,(� 3. Minimum Lot ) h : 4. Max am Lo .vera • e: 15,000 SQ. FT. 10FT. 100 FT. P46f 25/0 5. a Floor Area:" 1,0e; Q. FT. Maximum Height: Minimum Building Setbacks: From any street: 40 FT. Interior Side: 25 FT. Rear: 15 FT. Other Minunum Setbacks from any Property Line.: Pump Islands: Canopy: Signs, Portable or Fixed: Storage Tanks: 25 FT. 20 FT. 15 Fr. 15 FT. a undergLound storage is required for 'all. receptacles for combustible materials in excess of , fifty-five (55) gallons. (30) 6,37. 6-37:87" SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF AANS IDI A. Public utilities uses and rights -of -way. B. Veterinary hospitals and clinics providing that the following conditions are met: 1. All areas used for boarding or temporary housing of aminals shall be completely enclosed unless appropriate .safeguards are constructed to control objectionable odors and/or noises, as determined by the Board of Adjustment. 2. Any area used for boarding or temporary housing of animals shall be buffered from all adjacent properties by a visual screen, meeting the specifications of Chapter 639.69 and any other conditions requiredby the Board. of Adjustment. C. Radio and television studios, broadcasting towers and antennas; D. Service stations, subject to the following provisions: 1. Minimum Lot Area: 15,000 SQ. FT. 2. Minimum Lot Width: 100 FT. 3. Minimum Lot Depth: 100 FT. 4. Maximum Lot Coverage: 25% 5. Minimum Floor Area: 1,000 SQ. FT. 6. Maxi num Height: 25 FT. 7. Minimum Building Setbacks: From any street: 40 FT. Interior Side: 25 FT. Rear: 15 FT. 8. Other Minimum Setbacks. from any Property Line : Pump Islands: Canopy: Signs, Portable or Fixed: Storage Tanks: 25 Fr. 20 FT, 15 Fr. 15 FT. An in addition, underground storage is required for all receptacles for combustible materials in excess of fifty-five (55) gallons. ' (31) 637.87 (Cont.) Curb Cuts: The number of curb cuts or driveways shall not exceed two (2) for each street frontage.. Such curb cuts shall be a raxinrm of thirty (30) feet wide and shall be located no closer to any intersection than twenty-five (25) feet, and no closer to any rear or side lot than fifteen (15) feet. Curb cuts and driveways shall be constructed according to City specifications. No service stations shall be erected or located within one hundred and fifty (150) feet of the property line of any church, hospital, school or park. A visual screen, meeting the specifications of Chapter 639 shall be provided along any property line abutting a residential district. Services and Sales permissible include only the following: .✓(a)' Sale and servicing ofspark plugs, batteries, and distributor parts; Tire servicingair, but not recapping ��ih) • and,re P PP g or regrooving; ,,,(c) . Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, _seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirror and the like; (d) ., Radiator- cleaning, and flushing and repairs including V' removing of tanks or recoring of radiators Notwithstanding the provisions of this paragraph, re- quireinents as set forth in the Southern Standard Building Code, including Section 505 shall be complied with, as well as the Occupational Safety and Hcalth Act; (e) . Washing and polishing, and the sale of auttive washing and polishing materials; X). Greasing and lubrication; . �� (g) . Providing and repairing, fuel pumps and lines ; 637.87 (Cont.) .9., Curb Cuts: The number of curb cuts or driveways shall. not exceed two (2) for each street frontage. Such curb cuts shall be a maximuiri of thirty (30) feet wide and shall be located no closer to any intersection than twenty-five (25) feet, and no closer to any rear or side lot than fifteen (15) feet. Curb cuts and driveways.shall be constructed according to City specifications. 10. No service stations shall be erected or located within one hundred and fifty (150) feet of the property line of any church, hospital, school or park. 11-14-V1 11. A visual screen, meeting the specifications of Chapter 639 b 3?, b l shall be provided along any property line abutting a residential district. 12. Services and Sales permissible include only the following: (a). Sale and servicing of spark plugs, batteries, and distributor parts; (b). Tire servicing and repair, but not recapping or regrooving; (c) . Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirror and the like; (d). Radiator cleaning, and flushing and repairs including removing of tanks or-recoring of radiators. Notwithstanding the provisions of this paragraph, re- quirements as set forth in the Southern Standard Building Code, including Section 505 shall be complied with, as well as the Occupational Safety and Health Act; (e). Washing and polishing, and the sale of automotive washing and polishing materials; Greasing and lubrication; Providing and repairing, fuel pumps and lines; (f). (g) , (32) 637.87 (Cont.) Minor servicing and repair of carburetors. Wiring repairs; notwithstanding the provisions of this paragraph, requirements as set forth in the Southern Standard Building. Code, including Section 505, shall be complied with as well as the Occupational Safety and Health Act; r �(�) : Adjusting and repairing brakes; Minor motor adjustments not involving removal of the head of crankcase or racing the motor; (1). Sale of cold drinks, package foods, tobacco, and similar convenience goods for service station customers, as accessory and incidental to principal operation; (m). Provision of road maps and other informational material to customers, provision of restroom facilities; (ri) The rental of moving or travel trailers and trucks`th ; ^^ Notwithstanding the provisions of this paragraph,'re- quirernents as set forth in the Southern Building Code, including Section 505, shall be ccxriplied with as well as the Occupational o 31.) Safety and Health Act. CL(o). Major mechanical repairs performed only within the confines of the service station building; De -=of 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 major repair garage nor a body shop. (32) 637.87 (Cont.) (h). Minor servicing and repair of carburetors. (i). Wiring repairs; notwithstanding the provisions of this paragraph, requirements as set forth in the Southern Standard Building Code, including Section 505, shall be cc nplied with as well as the Occupational Safety and Health Act; Adjusting and repairing brakes; Minor motor adjustments not involving removal of the head of crankcase or racing the motor; (1) . Sale of cold drinks, package foods, tobacco, and similar convenience goods for service station customers, ,as accessory and incidental to principal operation; Provision of road maps and other informational material to customers, provision of restroom facilities; (n). The rental of moving or travel trailers and trucks* (m) . Notwithstanding the provisions of this paragraph, re- quirements as set forth in the Southern Building Code, including Section 505, shall be complied with as well as the Occupational Safety and Health Act. (o). Major mechanical repairs performed only within the confines ofthe service station building; (p). 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 major repair garage nor a body shop. (32a) Rev. 7-3-79 637.87 (cont.) E. Places in which goods are produced and sold at retail upon the premises; F. Vocational and trade schools not involving operations of an industrial nature; G. Establishments dispensing alcoholic beverages; ,,,.69•za 11,-----aingle—— , 7—a-7-9)-------C,_ trly ,I,s. <-_-,r— • .'ael.e.-. \ t"-- - - ?"' (32a), Rev. 7-3-79. 637.87 (cont.) E. Places in which goods are produced and soldat retail upon the premises; F. Vocational and trade schools not involving operations of an industrial nature; G. Establishmentsdispensing alcoholic beverages; H. Single family and duplexes (Ord. 8-79, 7-3-79) (33) ` Rev. 7-3-79 \--1029,'�T 637.89 PROHIBITED USES AND STRUCTURES n t� • ,7 ter,+=; '1 , .ten_ • �r � B—Qu-�d�^� s-�e-s��rdfo-r—d-�s-p-1-�y--�rca�--exeep-� as pro_uided_ prp-j 1't t ~an -silo - ion terminals-; s �r-abe-�t�r =wing a �-e he�activi-tie-s of a- sxm-filar -a-tune; 21 ,.' x-A� Js, MT All uses not specifically or provisionally permitted' herein; 639.41 inclusive;- 0"� l C -Theatres, Drive-in theatres, belD- ..,toy,esTa-c�d^t-e-graphic rT ,. �� s o7"°'' (. s z:_yv1-ti-WA ,- ram P Lk `. ; -1 `". 1 .� B Any use which fails to meet "Performance. Standards" specifications " in Chap -ter s• 639.13 to Sep ! ! cjr, 637. AREA AND. DIMENSION REGULATIONS: C-c. . , Slat` bra- t o -el ��,,,1r�t Minimum Lot Area: , hotels and motels: 12,000 Sq. Ft. fid/0, All other principal uses and structures; 5,000 Sq. Ft. and in addition, the ratio of gross floor. area to lot area shall not'exceed 1.5: 1.0 Minimum Lot Width: 11ipl £amii y--dwellings-, hotels, and motels: 100 Ft. Minimum Lot Depth: All other principal uses and. .structures.; 50 Ft. Multiple family dwellings, ho-tel.g , µ.•t► � t- nr2—a3-l�o h�cx p -fine- a1 uses _and str- c-t es; 2,100 Ft. Maximum Lot Coverage: Mtt1 i e fames=9-- ur.T.�oi .gtruetllre 7 (3i) Kev. 637.89 PROHIBITED US'r.S AND STRUCTURES A. Residential uses, except as specifically permitted; B. Outdoor sales and/or display areas except as provided herein; C. Manufacturing activities, transportation terminals,. storage warehousing and other activities of a similar nature; D. All uses not specifically or provisionally permitted herein; E. Any use which fails to meet "Performance Standards." specifications as provided in Chapters 639.13 to 639.41 inclusive; F. Theatres, Drive-in theatres, bookstores and photographic studios. 637.91 AREA AND DIMENSION REGULATIONS: C-1 Minimum Lot Area: Multiple family dwellings,hotels and motels: 12,000 Sq. Ft. All other principal uses and structures;.5,000 Sq. Ft. and in addition, the ratio of gross floor area to lot area shall not exceed 1.5: 1.0 Minimum Lot Width: Multiple family dwellings, hotels,. and motels: 100 Ft. Minimum Lot Depth: Maximum Lot Coverage: All other principal uses and. structures; 50 Ft. . Multiple family dwellings, hotels, motels and all other principal uses and structures; 100 Ft. (Or 1p879fa 71y 9) flings, 35% Hotels and Motels: 40% All other principal uses and structures: 50% Sj 637.$T (Cunt.) riffNerMige t t 34 (Rev. ) um living or,Floor Area: Multiple f_•.` y dwellings hote .nd motels: bedroom: •650 SQ. FT. per dwelling unit; Tw. :-Broom: 750 SQ. FT. per dwelling unit, plus SQ. FT. for each a 'tional hedr Hotels and Motels: 300 Sq. Ft. per rental unit. Hotel and., motel units containing. provisions for cooking or light house-- keeping shall have..a minimum floor area not less than 400_ square feet. • All other principal uses and structures: 300 SQ. FT. Maximum Height: HMul#Iple f%y--d�rei-din, hotels and motels: 45 FT-. Front: All other principal uses and structures: 40 FT.. - MINIMUM SETBACK REQUIREMENTS: C-1 Multi��e f ,1 y ��nbc , hotels ..an�mot e 7rs_ a n-d—a l-l—o-� h e r-p-r in Egg a-1- se�--a xuetures 25 FT, Side Interior Lot: ti Side Corner Lot: • 4 t- p e--f-a y dwe3-11ng s . • �'-� 0 - FT. ; 25 FT. when abutting a residential zoned district. hotels - and r o t e 1 an4—a-i- -& hei p i itrc a- ...s 25 FT. 2.5 r t5 iYo 25 cle 34 (Rev . ) . 637.91 (Cont.) Minimum living or Floor Area: Multiple family dwellings hotels and motels: One bedroom: 650 SQ. FT. per dwelling unit; Two bedroom: 750 SQ. FT. per dwelling unit, plus 200 SQ. FT. for each additional bedroom. Hotels and Motels: 300 Sq. Ft. per rental unit. Hotel and motel units containing provisions for cooking or light house- keeping shall have a minimum floor area not less than 400 square feet. Maximum Height: Front: All other principal uses and structures.:: 300 SQ. FT. Multiple family dwellings, hotels and motels:. 45 FT. All other principal uses and structures: 40 FT. MINIMUM SETBACK REQUIREMENTS: C-1 Multiple family dwellings, hotels and motels and all other principal uses and structures: 25 F.T. Side Interior Lot: Multiple family dwellings: 15 F Side Corner Lot: Hotels, motels and all other principal uses and structures: 0 FT.; 25 FT. when abutting a - residential zoned district, Multiple family dwellings, .hotels and motels and all other principal uses and structures: 25 FT. (35) Rev. 7-3-79 637.91 (cont.) Rear: 5 F zipri rp-al uses —and strict-pcs . ?D 10 Ft.; 25 Ft. when abutting a residential zoned district.' (0rd. 17-76, 9-21-76; 0rd. 21-78, 2-6-79) 637.92 SINGLE FAMILY AND TWO FAMILY DWELLINGS: C-1 Area -n• dimension r u ations and im setback requirements sJ 1 b the same s pro ided ` - ection 38 !C-2 : qni• � T- , strict t Ordinance. Ord.,8-79, 7-=79)1 Q Q S' (9.0-�0- ,i - 637. LANDSCAPING SCRE NIITG }- <<• 4,,..2A . u.. \ Defined in Chapter 639 (Supplementary District Regulations) of this Ordinance. N 637,95 OFF-STREET PARKING AND ACCESS , Off-street parking and access to a public or private street shall be provided in accordance with Chapter 639. r 638.01 C-2: GENERAL COMERCIAL DISTRICT �h •rovisions of this district are intended to apply to/n area intended to be developed and preserved as a major coiuutercial cente serving th-e co . rc�:al needs of the gowinunity and the region.. The types of ups s an-d-otherrestr ction are intended to promote nd protect_inten e cou,hiercia-1 dev-opment as well as provide a.-quate protection from conflic s with -adjacent residential an. other non-commercial uses and to minimise -.the Interruption of affic along adjacent oroughfares . 638.03 PRINCIPAL USE AND STRUCTURES. e<f_olloz7ing uses and str• ctu� are . - u ted-mouse or group of uses that d_____- e e±0 - then separately, or as a Oct•"k( unit with -certain site improve'ents shared In col site a', -of (3) acres or less: : 61' „,A: Retail storesf, sales and display ooms,.�-� ,_B: Persona service establishments such . s beauty and barber shops- laundry and dry cleaning pickup .tatioris, tailor hops,and similar uses; (35) Rev,' 7-3-79 637.91 (cont.) Rear: Multiple family dwellings; 15 Ft. Hotels, motels -and all other principal uses'and structures: 10 Ft.; 25 Ft, when abutting a residential/zoned district. (Ord. 17-76, \9-21-76; Ord. 21-78, 2-6-79) 637.92 SINGLE",FAMILY AND TWO FAMILY DWELLINGS: C-1 Area and dimension regulations and pinimum setback requirements shall be the same\ as provided in Section 638.12, C-2 Zoning District of this Ordinance. (0rd/8-79, .7-3-79) 637.93 LANDSCAPING\AND SCREENING Defined in Chapter 63,9 (Supplementary District Regulations) of this Ordinance. 637.95 OFF-STREET PARKING AND ACCESS/ Off-street parking and access to a public or private street shall be provided in accordance with Chapter 639. i. / 638.01 C-2: GENERAL COMMERCIAL DISTRICT The provisions of this district\are intended to apply to an area intended to be developed and preserved as a major commercial center serving the commercial needs of the community and the region. The types/of.uses andother restrictions are intended to promote and protect intense co9mercial development as well as provide adequate protection from conflicts with adjacent residential and other non-commercial uses, and to minimize the interruption of/traffic along adjacent thoroughfares. 638.03 PRINCIPAL USES AND STRUCTURES The following uses and structures are permitted for any use or group of use's that are developed, either separately, or as a unit with certain site improvements shared in comumon, on a site of three (3) acres or less: A. Retail stores, sales and display rooms; B. Personal service establishments such as\beauty and barber shops, laundry and dry cleaning pickup stations, tailor shops, and similar uses; (36) )-) 638.03 (Cont.) C' Professional offies, studios, clinics, laboratories, general offices, bu iness-schools .and similar uses- - 5?1 / 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 than300 SQ. FT.; Hotel and motel units containing provisions for cooking or light housekeeping shall have a " minimum floor area not less than 400 square feet. Ord. 17 76, 21 Sep; 1976 Eating er=r; ? ng establishments; Public and semi-public parks, playgrounds, clubs and lodges cultural 'facilities, hospitals, clinics, res toriums mortuaries, Funeral horses, government offices, schools, churches and similar uses; ,,Cr: Banks and financial institutions; i!Public .and private parking lots and garages; o Commercial recreation such as driving. ranges, bowling alleys, and similar uses; ,,Y Plant nurseries and greenhouses, providing that all outside display of merchandise shall be contained in the required setbacks; Repair service establishments such as `'household appliances, radio and TV and similar uses; Multiple family dwellings, provided, h ,ever, that in no case shall there be more than fifteen (15) dwelling units per net residential acre. e N Wholesaling from sample stock only with no production permitted on the premises; Any other retail sales outlet of products sold directly to the consumer. Dry cleaning establishments using .non --inflammable solvents and cleaning fluids as determined by the`Fire-Fire' (36) 638. 03 (Cont.) 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 residential acre; nor shall a rental unit have a floor area less than 300 SQ. FT.; Hotel and motel units containing provisions for cooking or light housekeeping shall have a minimum floor area not less than 400 square feet. (Ord. 17-76, 21 Sep. 1976). E. Eating and drinking establishments;. F. Public and semi-public parks, playgrounds, clubs and lodges cultural facilities, hospitals, clinics, res- toriums, mortuaries, funeral homes, government offices, schools, churches and similar uses; G. Banks and financial institutions; H. Public and private parking lots and garages; I. Commercial recreation such as driving ranges, bowling alleys, and similar uses; J. Plant nurseries and greenhouses, providing that all outside display of merchandise shall be contained in the required setbacks; K. Repair service establishments such as household appliances, radio and TV and similar uses;. L. Multiple family dwellings, provided, however, that in no case shall there be more than fifteen (15) dwelling units per net residential acre. M. Wholesaling from sample stock only with no production permitted on the premises; N. Any other retail sales outlet of products sold directly to the consumer. 0. Dry cleaning establishments using non -inflammable solvents and cleaning fluids as deterirrined by the Fire Chief; 1 (37) Rev. 7-3-79 638.03 (cones-) CO9 P. Busines fq service establishments; ?' Retail stares using outside 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; The outside disp'•ay area shall be consi•-red the same as the floor,area for the purpose •f calculating off-street parking requirements, setb ck and lot coverage regulation . New and used automobiles, ajor recreftional equipment and M mobile home sales or renta with accessory services; subject to the following restriction : 1. All outside areas where be paved; Pm c•andise is displayed shall 2. All ingress and egress point to abetting streets shall be marked clearly and placed .t closer than one hundred fifty (150). feet apart of the -me street; 3. All servicing and repair activiti-s except gasoline pumps shall be located in an enclosed structure; ' 4a There shall be no/storage of junked .other than temporary storage, which area, and the vehicles shall not be the property;f/ -5. Ingress and egress points shall not be plat -d so as to endanger pedestrian traffic. wrecked automobiles s -11 be in an enclosed. vis'ble from outside ome 'ar s in existence on October 28, .vided he number o s exce e icense• or ID eviously,. "platted to sai e orne p e • that . ate, a d provided fur - at said mobile home parks ,sha ceed v- imits of property also on tha.date_unde.r. itle. (Ord. 8-79, 7-3-79) i 638.05 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 intense commercial character of the district are peLmitted. (37) Rev. 7-3-79 1 638.03 (cont.) P. Business service establishments; Q. Retail stores using outside display areas providing the following provisions are met: 1. The area of outside displayy shall not exceed in size one-third (1/3) the enclosed area of the principal structure; 2. The outside display shall be treated with a hard material suitable for pedestrian traffic; 3. 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. R. 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; 2. All ingress and egress points to abutting streets shall be marked clearly and placednot closer than one hundred fifty (150) feet apart of 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, which shall be in an enclosed area, and the vehicles shall not be visible from outside the property; 5. Ingress and egress points shall not be placed so as to endanger pedestrian traffic, S. Mobile Home Parks in existence on October 28, 1975 provided the number of spaces shall not exceed those licensed or. previously platted to said mobile home parks 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. (Ord. 8-79, 7-3-79) 638.05 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 intense commercial character of the district are permitted. 3 638.07 0 (38) SPECIAL EXDI O iS PERMISSIBLE BY BOARD OF ADJUSTMENT - ic u i ghts-of--v ---, ospita an c inks pro ing that the -foil owing (21 -condi t; ons-are-t_-- . �-- 1. ` All areas used for boarding or tei orarhousing `offs shall be completely eneiosed unless approprra e safeguards are cons acted to control objectioriab e_o ors and/or noises, as determined by the Board of Adjus 2. Any area used.for boarding or temporary housing of animals shall be buffered from all adjacent -properties by a visual screen, meeting the specifications of- Chapter 639 and any other conditions required by the Board of Adjustment; c F.. —Ra ii.e-arid-te-revrs=orr-studios broadcasting t_ower-s--and C �a erin�s ; Service stations, subject to the following provisions; 15,000 SQ./Fr. • 1. Mi ritrium Lot Area: 2 Minimum Lot Eid*-h: 100 3. Eninutn Lot Death: 10 i T. 4. Lot Coverage: 25% 1,000 SQ. FT. 25 FT. 5. Minim. Maximt.rn 7. Minirm,.Lm BL 6.- Floor Ares: g Setbacks: Fro any stre / Interior side: - j Rear: 40 FT. 25 FT. FT. 8< • Other Minimum Setback from € y Property Line: Pump Islands: Canopy: 25 FT. 20 FT. s = O �3 eQ. (38) 638.07 SPECIAL EXCEPTIONS PEI'S1ISSIBLE BY BOARD OF ADJUSTMENT A. Public utility uses and rights -of way. B. Veterinary hospitals and clinics providing that the following conditions are met. 1. A11 areas used for boarding or temporary housing • of animals shall be completely enclosed unless appropriate safeguards are constructed to control objectionable odors and/or noises, as determined by the Board of Adjustment; 2. Any area used for boarding or temporary housing of animals shall be buffered from all adjacent properties by a visual screen, meeting the specifications of Chapter 639 and any other conditions required by the Board of Adjustment; C. Radio and television studios, broadcasting towers and antennas; D. Service stations, subject to the following provisions; 1. MiniLot Arca: 15,000 SQ. FT. 2. Minimum Lot Width: 100 FT. 3. Minimum Lot Depth: 100 FT. 4. Maximum Lot Coverage: 25% 5. Minimum Floor Area: 1,000 SQ. FT. 6. Maximum Height: 25 FT. 7. Minimum Building Setbacks: From any street: 40 FT. Interior side: 25 FT. Rear: 15 FT. 8. Other Minimum Setback from any Property Line: Pump Islands: Canopy: 25 FT. 20 FT. 638.07 (Cant . ) S igns, portable or fixed: 15 FT. rage Tanks: 15 FT. (39) And addition, underground storage is required for all receptacles for combustible materials in excess of fifty -live (55) gallons. Curb cuts: The number of curb cuts or driveways. shall not exceed two (2) for each street frontage. Such curb cuts shall be \maximum of thirty (30) feet wide and shall be located no closed to any intersection than twenty,•five (25). feet and no. closer to any rear or side lot. than fifteen (15)\feet. Curb cuts and driveways shall be con- structed according to City specifications,. ji 10. No service station shall be erected or locatted within one hundred fifty (150) feet of the property ;..line of any church; hospital, school or.park. 11. A visual screen, meeting the specifications of Chapter 639 shall be provided along any property line abutting a residential district. \ 12. Services and sales permissible include only the following: (a) . Sale and servicing of: spark plugs, batteries and distributor parts; , S\' ' not recapping (b). Tire servicing and repa<ir, but pp g or regrooving; • (c)• Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, • floor mats.; seat covers, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors,,' and the like; Radiator cleaning and flushing, repairs including removing of tanks or recoring of radiators, not- withstanding the provisions of this paragLaph, requirements as set forth in the Southern Standard Building Code, including Section 505 shall be complied / with, as well as the Occupational Safety and Health Act. -638.07 (Cont.) (e.) . (f) \\, (g). (h)• (i) . 0). (k)• (40) Washing and polishing, and sale of automotive washing and polishing materials; Greasing and lubrication; 'Providing and repairing fuel pumps and lines; Minor servicing and repair of carburtors; Wiring repairs, notwithstanding the provisions of this paragraph, requriements as set.forth in the\Southern Standard Building Code, including Section\505, shall be complied with as well 'as the Occupational Safety and Health Act; Adjusting and repairing brakes. Minor motor adjustments not involving removal of the head or crankcase or racing the motor; (1). Sale of cold dri ks,,package foods, tobacco and similar convenience goods for service station customers, as accessory and incidental to principal operation; (m). Provision of roadmaps and other informational material to customers,, provision of restroom facilities; (n). The rental of moving or\travel trailers and trucks, notwithstanding the provisions of this paragraph, requirnnents a's set forth in the Southern Standard Buildign\Code, including Section'505, shall be complied with as well as the Occupational Safety and Health Act. Major mechanical repairs performed only within the confines of the service station building; 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 not a major repair garage nor a body shop. 638.07 (Cont.) preelueed and sold at e.tail. C (L., -upen--the-prealises; Vor-at-ienel-and-trade schoel-s-not-invaving operations Cj ---; 'Marinas-- I t) 911 H. 3\ • -waf-f-l-er--systezas.,- Al 1-icark---i-s-a-buillialg. Vehicles may not be parked outside the building for more than. iir_al_dav_s_. said four ! (4) days to be considered as an :11'252-/-50"3, (33) 'Rev. 7-3-7 637.89- PROHIBITED USES AND STRUCTURES 'Ei-ealIy-permitted; R,.—Outdoor-s-alco andtor-displareas-except-as-provided__ -e-7-- . iQR-term-inal3ia-r -&-t-tyrage-warehes-ing-and--ather activ-itics-of-a- -rkatla-rel-. provisi onally permitted herein; Any use which fails to meet "Performance Standards" specifications as, provided in Chapters 639.13 to 639.41 inclusive; C-1‹ Theatres, Drive-in theatres, bookstores and photographic ' '' studios. A.--L4-1, 637.91 AREA AND DIMENSION REGULATIONS: Crl Scwilksz.bLe.... Minimum Lot Area: -4ialt-ip1-eem4-1-y-dwIlings, hotels and motels: 12,000 Sq. Ft. tos-kLb All other principal uses and •structures; 5,000 Sq. Ft. and in addition, the ratio of gross floor area to lot area shall not exceed 1.5: 1.0 Lot Width: duc114ng-s-, hotels, and motels-' 100 Ft. Minimum Minimum Lot Depth: Maximum Lot Coverage: -41 All other principal uses and ' • structures; 50 Ft. opr-inapal-uses rAlatur-es,; 100 - (40a) 638.07 (Cont.) E. Places in which goods are produced and sold at retail upon the premises; F. Vocational and trade schools not involving operations of an industrial nature; , G. Marinas H. Automotive repair establishments, to include replacing, and/or rebuilding of engines, transmissions, radiators, brakes, and iruffler systems. All work is to be performed within a building. Vehicles may not be parked outside the building for more than four (4) days, said four (4) days to be consideredas an accumulated parking time, whether consecutive or accumulated. I. Single Family and Duplexes. (Ord. No. 10-77,Sec. 1, 21 Jun, 1977). 3 41(Rev.) 638.09 PROHIBITED USES AND STRUCTURES Residential uses, except as specifically permitted; Manufacturing activities, transportation terminals, storage, warehousing and other activities of a similar nature; All uses not specifically or provisionally permitted herein,; ally as-e not in -keeping -with -the -intense comme-rcial-chaxac-ter_o.f-the_dis trict_;. p.f Any use which fails to meet "Performance Standards" specification of Chapters 639.13 to 639.41 inclusive; ents- wh i uh -prov i-d.&- b dr . Y.C.Drive-in theatres, theatres, 3b:aak�- o-r-e.s, aid -aho-to- gr-aphi-c studios-. (0rd. No. 10-77, 6-21-77; Ord. No. 21-78, 2-6-79) 638.11 AREA AND DIMENSION REGULATIONS: C-2 Minimum Lot Area: 5,000 Sq. Ft. and in addition, the ratio of gross floor area to lot area shal not exceed 2.1:1.0 Minimum Lo Width: 50 Ft, Minimum Lot De h: 100 F . Minimum Lot Coverag 7 i. Minimum Floor Area: 300 Sq. Ft. Maximum Height: S Ft. MINIMUM EiBACK REOUIP•'IENTS: C-2 Front:- 25 Ft. Side Inte or Lot: None: 25 Ft. • en abutting a residential zoned district.. Side orner Lot: 25 Ft. Re Minimum Living Area per Multiple Family Dwelling Unit: 650 Sq. 1 (0rd. No. 14-77, 10-4-77; 0rd. No. 21-78, 2-6-79) t-(o! 10 Ft. 41(Rev.) 638.09 PROHIBITED USES AND STRUCTURES A. Residential uses, except as specifically permitted; B. Manufacturing activities, transportation terminals, storage, warehousing and other activities of a similar nature; C. All uses not specifically or provisionally permitted herein; any use not in keeping with the intense commercial character ofthe district; D. Any use which fails to meet "Performance Standards" specification of Chapters 639.13 to 639.41 inclusive; E. Automotive repair establishments which provide body work; F. Drive-in theatres, theatres, book stores, and photo- graphic studios. (Ord. No. 10-77, 6-21-77; 0rd. No.. 21-78, 2-6-79) 638.11 AREA AND DIMENSION REGULATIONS: C-2 Minimum Lot Area: 5,000 Sq. Ft. and in addition, the ratio of gross floor area to lot area shall not exceed 2.1:1.0 Minimum Lot Width: 50 Ft. Minimum Lot Depth: 100 Ft. Minimum Lot Coverage: 75% Minimum Floor Area: 300 Sq. Ft. - Maximum Height: 40 Ft. . MINIMUM SETBACK REQUIREMENTS: C-2 Front: 25 Ft. Side Interior Lot: None: 25 Ft. when abutting a residential zoned district. 25 Ft. 10 Ft. Side Corner Lot: Rear:' Minimum Living Area per Multiple Family Dwelling Unit: 650 Sq. Ft (0rd. No. 14-77, 10-4-77; 0rd. No. 21-78, 2-6-79) (41a) 638.12 SINGLE FANTTY AND ThD FRAILv aurql,INGSZ AREA AND D=SION RE ONS Minimum Lo 10,000 Squai Feet Minimum Lot 75 Ft. Minimum Lot Depth: l0e Ft. Maximum Lot Coverage: 307. Minimum Living Area: 00 Sq. Ft. Maximum Height: Front: 25 Feet Side terior Lot: 8 Feet or 107. of Lot , -2-iichever is greater up to 20 Feet de Corner Lot 25 Feet • ck Rear: 25 Feet (Ord. No. 14-77, Sec. 1, Oct. 1977). (41a) 638.12 SINGLE FAMILY AND TWO FA•IILY DWFT T,INGS '-1. AREA AND DIMENSION REGULATIONS Minimum Lot Area: 10,000 Square. Feet Minimum Lot Width: 75 Ft. Minimum Lot Depth: 100 Ft. MaxiMurn Lot Coverage: 307 MinimMinim= Living Area: 1,100 Sq. Ft. Maximum Height: ' 25 Ft. MINIMUM SET BACK REQUIREMENTS Front: 25 Feet Side Interior Lot: • 8 Feet or 10% of Lot, whichever is greater up to 20 Feet Side Corner Lot 25 Feet Rear: 25'Feet -(Ord. No. 14-77, Sec. 1, 4 Oct. 1977). S � ,p�� 638.13 LANDSCAPING AND:SCREENING l (42) (Rev.) Defined in Chapter 639 (Supplementary District Regulations) of this ordinance. 638.15 OFF-STREET PARKING AND ACCESS Off-street parking and access to a public or private street shall be provided in accordance with Chapter 639. 638.21 T-1: TOURIST DISTRICT area which\will be a major tourist attraction and destination. The type of\uses permitted and other restrictions are intended to promote this type of development and protect it f/om incompatible uses that would be detrimental to the orderly growth of the area. The"'provisions of this district are intended to apply tan 638.23 PRINCIPAL USES AND STRUCTURES .A. Multiple family dwellings, motels and hotels, provided however that in no\case shall there be.more than fifteen (15) dwelling units for multiple family or thirty (30) rental units for motels andhotels per net residential acre. \ / B. Eating establis\hments provided, however, that in no case shall there be a seating capacity of less than fifty (50). (Ord. No. 19-78 § 1, 5 D;ec' 1978) . C. Office buildings, studios, clinics containing at least twenty -thousand (20,00'0) square feet of area. D. Commercial amusement enter,prises such as bowling lanes, aquariums, and skating rink; provided, however, that the use is enclosed within a soundproof building. E. Private clubs, health or athletic clubs or salons. - F. Financial institutions. G. Parks and playgrounds. H. Parking lots and garages, including commercial facilities. (43) (Rev.) 638.25 ACCESSORY USES AND STRUCTURES A. Customary accessory uses of one or more of the principal uses clearly\incidental and subordinate to the principal uses, in keeping with the tourist character of the district are permitted. i B. Limited retail and service establishments when operated within a hotel, motel, multiple family dwelling or;office building permitted hereunder, provided that such accessory uses -are accessible o ly from an interior hallway/or lobby and that no commercial display is visible from outside the principal. building.. Suc accessory uses may include, but not necessarily limited to.: an ique shops, art galleries, automobile rental, confectionary, iee cream or coffee/shops, eating and drinking establishments, f' orists, furrier,; gift shop, jewelry, jewelry store, lau dromat, laundry and dry cleaning pick up station, luggage store., millinery, personal services, news- stand, shoe store, s orting goods, wearing apparel store, wig shop. Eating and dri king establishments as accessory uses are not required to meet the fifty (50) seat minimum capacity. (Ord. No. 19-78 § 1, 5 e,c 1978). 638.27 SPECIAL EXCEPTIONS PERMISSIBLE BY THE BOARD OF ADJUSTMENT A. Educational institutions. B. Hospitals, convalescent homes, nursing homes. C. Fishing piers, fishing tackle bait and equipment stores. D. Tourist oriented sales and services such as but not necessarily/limited to: antique shops, art gallery, auto- mobile rental, confectionary, ice cream or coffee shops, drug and sundry shops, delicatesse \and food shops, florist, furrier, gift shop, jewelry store, Laundromat, laundry and dry cleaning pickup stations, luggage store, millinery; •..news- stand,.personal services, shoe store, sporting good store, wearing apparel store, wig shop. E. Public utility uses and rights -of -way. F. Establishments dispensing alcoholic beverages. (44) 638.27 (Cont.) G. \ The Board of Adjustment may approve an outdoor cone ercial recreation and/or amusement enterprise activity within the Tourist District (T-1) as a special exception provided the applicant has fully complied with the application procedures as 'outlined in Chapter 645.21, and furthermore, satisfies the `following specific conditions: 1. A°statement fully describing the intended,:recreation/ amusement activity, names of the principals (owner, manager, etc.) and the designer/architect/engineer, current zoning classification and any 'existing permits, variances, or other similar legal circumstances in effect on the site, a complete and.full legal description, and a vicinity map showing relationship to all abutting streets and properties of separate ownership. 2. The intended`activities shall not constitute a public nuisance to residents of the, City nor shall they have a detrimental impact upon surrounding property of separate ownership. `\ 3. No animals shall be confined within the activity area. except where such facilities are of a zoological nature acceptable to and meet the rules/regulations of the Florida Fresh Water Fish and Game Gorimission. 4. Agricultural pursuits such as livestock grazing and crop cultivation shall not be permitted. However, agricultural/products may''be displayed during an activity involving a non -sale competitive showing of miscellaneous products, i`.e. a fair. 5e Recreational or amusement activities shall not emit noise exceeding the permitted sound levels as outlined in Chapter 639.21. Types of noise shall be limited to sounds which are of a musical variety or have typical urban characteristics. - �. 6. Hours of operation shall be provided.\The Board of Adjustment reserves the right to limit hours of operations dependent upon the type of activities and, the noise characteristics. the Planning and Zoning"Board shall recommend . to the Board of Adj ustrnent approval or disapproval of submitted hours of operations, the latter to be accompanied by hours of operation which the Planning and Zoning Board considers acceptable and reasonable with respect to the proposed activities and their noise characteristics. 45) / 638.27 (Cent.) A one hundred (100) foot buffer strip shall encircle e recreation/amusement activity and shall be suitably landscaped. This one hundred (100) foot depth requirevent for\the buffer strip may be reduced upon recommendation by the Planning and Zoning Board after the Planning and Zoning Boards conducts a thorough review of the intensity of the \intended activities and the size of the activity area. Within the buffer strip, a plant and/or stivctural screen at least semi -opaque and at least eight /(8) feet in height\shall extend the length of the buffer strip except for\street openings. Newly planted screen shall meet the height and opaqueness requirements within twelve (12) months of planting. 8. Parking: Parking requirements shall be calculated based on the permitted capacity of the facility and the number of employees. At least oneand one-half (12) parking spaces shall be provided for every three (3) employees. The number of parking spaces for the public spaces for the public shall be 'one fourth (1/4) of the applicant's estimaed capacity of the activity area or the permitted capacity as determined or adjusted by the Planning and Zoning Bard,. upon recommendations by the Building Official, City ,Planner., Fire Chief, and Police Chief. i' \. 9. A11 structures shall be built in conformance with the Housing and Building CodesNof the City. A temporary structure such as'a circus@tent may be approved for a thirty (30) day period provided the Fire Chief inspects the tent and certifies that it meets the requirements of the National/Fire Prevention Code. r 10 No activities will be permitted which, in the opinion of the Board of Adjustment, after recomuendations or comments by the Building Official Police Chief, Fire Chief, City Planner, indicates that a potential nui_sance,. danger, threat, or hazard exists to the general health, safety, morals or welfare of the public. 11. To permit a comprehensive review of these conditions ,and the requirements of Chapter 645.21, five (5) copies of a site plan of engineering quality shall be submitted containing a graphic depiction of all of the following: V� oj (46) 638 27 (Cont.)� �r�.� �c, ;i y'' ✓ (a) Name, address, and telephone number of owner, \ designer, architect and engineer, as applicable. (b) Proposed name or title of project; (c) North arrow; scale not less than one inch (1") equals fifty feet (50') ; and date prepared; (d) Legal description of the area for which the special exception is applied; (e) Location, dimensions, and legal descriptions of each reservation, easement, street, or any area to be dedicated to public use;. (f) Sufficie`r4t data to determine readily and reproduce on the site the location,,bearing and length of .every street, line, lot line, boundary line and Section Lines whether curved or straight, as applicable; Accurate location and'' description of all monuments (g) and markers; (h) A tabulation ofcertain data shall be provided: - gross acreage - percent ,of area covered by structures - percent, of area covered by impervious surface - number of proposed parking spaces; (i) Location and dimension of all existing and proposed. paved traffic circulation facilities, sidewalks, bikeways, and curbs and gutters; (j) Location and dimension of all existing and proposed parking areas and loading areas; (k) Location and dimensions of all\ existing and proposed fire hydrants, meters, water aril sewer lines, and /subsurface power and telephone lines; (1 Location, size and design of landscaped areas, including existing trees; (m) Location and size of any natural water bodies within or adjacent to the site area; (47) 638.27 (Cont . ) All structures and major features"fully dimensioned ncluding setbacks and distance between structures; Location and dimension of all trash/solid waste disposal sies for placement of protable receptacles; Engineering in plans to include: 1. Drainage Plan: The drainage Plan shall indicate: \ ne foot (1') interval contours based upon coast and geodetic datum. - Proposed finished elevation of each building site and first floor/evel. - All existing and proposed drainage control and tratement facilities, including the method(s) /for non - point pollution source/treatment, with sizes, grades, and other appropriate structural or non-structural specifications. Proposed orderly disposal of surface water runoff. - Centerline ele a.tions along adjacent streets. 2. If deemed necessary by\the City, subsurface conditions within the site area, including the location and results\of tests made to ascertain 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 specifications outlined in Cape Canaveral subdivision regulations. 5. Layout of water distribution, sanitary sewer and storm drainage systems and sidewalks, streets, bulkheads, street name signs, and adequate lighting. (48) 638.29 PROHIBITED USES AND STRUCTURES A. Residential uses except as specifically permitted herein. B. C. All uses not specifically or provisionally permitted herein; any use not in keeping with the tourist character of the district. Drive-in theatres, theatres, book stores, and photographic studios. 638.31 AREA AND DIMENSION REGULATIONS: T-1 Minimum Lot Area: Minimum Lot Width: Minimum Lot . Depth Maximum Lot Coverage: Maximum Height: ` Minimum Living or Floor Area: Multiple Fanny: Efficiency: One Bedroom: 1io Bedroom: Motels, Hotels:` Other than above: MINIMUM SETBACK REQUIREMENT'S?,, T-1 • Front: Side Interior Lot: Side Corner Lot: Rear:; 25 FT. 151us of building over 40 FT. 15 FT. plus of building over 40 FT. • 6,000 SQ. 50 FT. 120 FT; 60 Fr, FT. 450 SQ. FT. 850 SQ. FT. `t1,050 SQ. FT., plus \200 SQ. PT, for each additional bedroom Floor area shall be 300 SQ. ra. per rental unit. 600'SQ. FT. 2 FT. for height or 2 FT. for height or Same as front. 20 FT. plus 2 FT. for of building height or over 40 FT. each10FT. increment thereof each 10 FT. increment thereof each 10 FT. increment thereof rj , \ . 638.33 LANDSCAPING AND SCREENING Defined -in Chapter 639 (Supplementary District Regulations) of this ordinance. (49) 638.35 OFF-STREET PARKING AND ACCESS - Off-street parking and access to a public or private street shall be • ovided in accordance with Chapter 639.' 6.33:0 e 638-T-41- . : LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT The provisions of this district are intended to apply to an area located in close prOximity to transportation 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 uses permitted in this zone shall be contained in an enclosed struCaTEeNjru,,,463, O3 638.43 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, 5).41 cres-orlTeTs : wuxi-to-L "pw4,/,;1/473-1-0-PP-N-4-fz 4r , • A. General offices, studios, clinics, laborat6i-ies, data processing and similar uses.. B. Engineering, laboratory, scientific and research instrumentation and associated uses. , C. Manufacture 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 open4ted devices and parts; • (49) 638.33 LANDSCAPING AND SCREENING Defined in Chapter 639 (Supplementary District Regulations) of this ordinance. 638.35 OFF-S _ PARKING AND ACCESS Off-street parking and access to a public or private street shall be provided in accordance with Chapter 639. 638.41 M-1: LIGHT INDUSTRIAL AND RESEARCH AND D o1•PMENT DISTRICT The provisions of this district are intended to apply to an area located in close proximity totransportation 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 uses permitted in this zone shall be contained in an enclosed structure. 638.43 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, are developed on.a site of five (5) acres or less: A.. General offices, studios, clinics, laboratories, data processing and similar uses. B. Engineering, laboratory, scientific and research instrumentation and associated uses. C. Manufacture of: 1. Instrumlents 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; (50) -- Eating Establishment .fin E. Recycling activities for the collection of non -hazardous materials, provided that all storage of such materials shall be in approved structures, containers or trailers. For the purposes of this section, the folloc-rig terms and definitions shall be; app,./os, ab1"e 638.43 (Cont.) 6. Photographic equipment and supplies; 7. Jewelry, silverware, plated ware; 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; N12. Costume jewelry, • costume novelties, buttons and notions; l4 # . Other similar uses o P' -Tv . Containers - means any cans, barrels, drums or tanks (except stationary tanks) which would be used for the outside storage of non -hazardous materials. Non -hazardous material- vans any material i *iith does not increase nor cause an increase of the hazard of menace of fire to a greater degree than that -customarily recognized - as normal by persons in the public service regularly engaged an preventing, suppressing or extinguishing fire., 3. Approved structure - means that which is built or constructed r--o I or an edifice or building of any kind in which collected non- hazardous material xnay be stored. 4. Trailer - means a portable structin:e having no foundation other than wheels, jacks or blocks that will not be a G� • • hazard to adjacent buildings and also fully enclosed, operable and licensed. (Ord. No. 3-78, Sec. 1, 4 Apr 1978). . 1. 2. (50) 638.43 (Cont.) 6. Photographic equipment and supplies; 7. Jewelry, silverware, plated ware; 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, costume novelties, buttons and notions; 13. Other similar uses. D. Eating Establishment E. Recycling activities for the collection of non -hazardous materials, provided that all storage of such materials shall be in approved structures, containers or trailers. F. For the purposes of this section, the following terms and definitions shall be applicable: 1. Containers - means any cans, barrels, drums or tanks (except stationary tanks) which would be used for the outside storage of non -hazardous materials. 2. Non -hazardous material -means any material which does not increase nor cause an increase of the hazard of menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire. 3. Approved structure - means that which is built or constructed or an edifice or building of any kind in which collected non- hazardous material maybe stored. 4. Trailer - means 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. (Ord. No. 3-78, Sec. 1, 4 Apr 1978). A• OS 638.4 ACCESSORY USES AND STRUCTURES A. Retail sales of products manufactured, processed or stored upon the premises-. B. Custamary 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. Ui 638. 7-, SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD 0= ADJUSTMENT Public Utility uses and rights -of -way. Radio and television `studios, broadcasting towers and antennas. Establishments dispensing alcoholic beverages. /Dr After public notice and hearing, the Board of Adjustment may permit special exceptions which are compatible to permitted uses and which are abl_ e to rrret the mitten recuirerr nts and performance standards as set forth in this zoning district. Co on EL A 3 Alesk 4AQ-Cce .L1/4.kk cbtv,fft_ ct,t 4L . v.:0-4) ,24,- e-�� P,s4- D R. 57 M. 11 & .(50a) 638,45 ACCESSORY USES AND STRUCTURES A. Retail sales of products manufactured, processed or stored 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. 638.47 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUST NT A. Public Utility uses and rights -of -way B. Radio and television studios, broadcasting towers and antennas. C. Establishments dispensing alcoholic beverages. D. 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 minium. requirements and performance standards as set forth in this zoning district. (51) oq 638..49 PROHIBITED USES AND STRUCTURES Residential uses. ,- Motels, hotels, boarding and lodging houses. „C: Automobile wrecking yards, junk yards, scrap and salvage yards for secondhand building materials. ;D Churches, private clubs and lodges.. , -E: Retail and other commercial establishments except as specifically permitted. •! Open outside storage of materials. A. Do All uses not specifically or provisionally permitted herein; and uses not in keeping with the light industrial and research and developuuent character of the district. Any use deemed objectionable by the standards in Chapter 639 (Performance Standards of this // 638.E AREA AID DIMENSION REGULATIONS: \ Z' Minigran lot Area:. Minirrnrn lot Width: Minimum lot Depth: Maximum Lot Coverage: Minirnun Floor Area: Maximum Height: 10,000 SQ. FT. 75FT. 100 FT.. 507 300 SQ. FT. 40 FT. MINIMUM SETBACK REQUIREMENTS Mti Front: Side Interior Lot: Side Corner Lot: Rear: established ordinance: • 25 FT. 15 FT. except where industrial property abuts a residential district in which case the minirmxn side interior lot shall be 25 Fi . 25 FT. 15 FT. except where industrial property abuts a residential district in which case the minimum rear yard requirement shall be 25 FT. (51) 638.49 PROHIBIThD USES AND STRUCTURES A. Residential uses. B. Motels, hotels, boarding and lodging houses. C. Automobile wrecking yards, junk yards, scrap and salvage yards for secondhand building materials. D. Churches, private clubs and lodges. E. Retail and other commercial establishments except as specifically permitted. F. 0pen outside storage of materials. G. 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. H. Any use deemed objectionable by the standards established in Chapter 639 (Performance Standards of this ordinance. 638.51 AREA AND DIMENSION REGULATIONS: M-1 Minimum Lot Area: 10,000 SQ. FT. Minimum Lot Width: 75 FT. Minimum Lot Depth: 100 FT. Maximum m, Lot Coverage: 50h Minimum Floor Area: 300 SQ. FT. Maxie nn Height: 40 FT. 1ffNTMUM SR'rBACK REQUIREMENTS MA_ Front: Side Interior Lot: Side Corner Lot: Rear: 25 FT. 15 FT. except where industrial property abuts a residential district in which case the minimum side interior lot shall be 25 FT. 25 FT. 15 FT, except where industrial property abuts a residential district in which case the minimum rear yard requirement shall be 25 FT. \v (52) 638.33 LANDSCAPING AM SCREENING. �-� DefinedNin Chapter 639 (Supplementary District Regulations) of this ord>\ ce . \ 638. Pm' cN4ANCE STANDAF Defined in Chapter 639'(Performance Standards) of this ordinance. '� /7 638. $7 PAWING AND\IDADING Defined;i6 Chapter 639 (Off -Street Parking and Loading Regulations) of this ordinance. . / .61. M-2: LIGHT INDUSTRIAL AND WAREH SING DISTRICT The provisio o2—this—district are terfded to pply to an area located in close proximi t-c transpo o facilities and which 6-3'2 ' can serve light m ing, warehousing, distri e�a,_ti�holesalini and other cltial functions. Restrictions herein are intended . tto_th1nunize adverse influences of the industrial activities . 638.63 PRINCIPAL USES AND STRUCTURES r y ; 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, are developed on a site of five (5) acres or less: A. General offices, studios, clinics, laboratories, data processing and similar uses. B. Engineering, laboratory, scientific and research instrumentation and associated uses. C. Manufacture 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; • (53). 638\.6, (Cont.) 6\ Photographic equipment and supplies; 7. \Jewelry., silverware, plated ware; . 8. Musical instruments and parts; - Toys, amusements,,,Sporting and athletic goods; Radio, TV:phonograph and electronic • \ / Pens, pencils and other\. office and fist materials; truments parts; 12. Cost -title ewelry, costume noveltie , buttons and miscellaneous notions; \ 13. Other similar uses. • • .1 • E. Warehousing and x,thol\ saling inc uding refrigerated st 14-1, sidest F.• Service and repair est and laundry plants, pr uses. C. Light manufacturin' g, piroce manufacturingp'elect cal products, plants, bakeries, ents, Welding shops, dry plants, taxidemists and orage; 1.44 . 4Z.2 cleaning similar • • • ing and assailoly, such as precision . inery, bottling plants, dairy .,.:.: 't packing and similar uses. H. Building materials supply and storage; contractor's storage yard except scrap materials. ,0 -sicle-storage-areas---sliaII- . - ,..4..„ ....beeff-e-c-tivetrvatted:`,dii7alside ..C..0,..„ ,,,,, jut).4.. ,3,.- 0...,...t. --., ..• . . 1.. Autornotives4jor-tectt-ational-equa. merit and. =bile "h75n1 - • . . _. -sales7rstorage-and-rep.air_establist. r8';' such as boy -Shops, dvf---dockiii-factliere-s-,-tire-recappia 0-paint-shOps7upholstery ,shops-- d-th-e-lire.-.4 Cs _,ILL - Li;;.)75'67 Freigi: t handli:n,g facilities ; transportat. on terminals . • \ K. Vo,tiona1 and trade schools, including nature. • • Public and scmi-public uses, including tho nature such as treatment plants, cquipwent ose of an industrial e of an industrial torage arid garage. (53) 638.63 (Cont.) 6. Photographic equipment and supplies; 7. Jewelry, silverware, plated ware; 8. Musical instruments and parts; 9. Toys, amusements, sporting and athletic goods; 10. Radio, TV, phonograph and electronic instruments parts; 11. Pens, pencils and other office and artist materials; 12. Coster jewelry, costume novelties, buttons and miscellaneous notions; 13. Other similar uses. D. Eating establishments. F. Warehousing and wholesaling including refrigerated storage; outside storage areas shall be walled on all sides. F. Service and repair establishments, welding shops, dry cleaning and laundry plants, printing plants, taxidermists and similar uses. • G. Light manufacturing, processing and assembly, such as precision manufacturing, electrical machinery, bottling plants, dairy products, plants, bakeries, fruit packing and similar uses. H. Building materials supply and storage; contractor's storage yard except scrap materials. Outside storage area shall be effectively walled on all sides. I. Automotive, major recreational equipment and mobile home sales, storage and repair establishments, such as body shops, dry docking facilities, tire recapping paint shops, upholstery shops and the like. J. Freight handling facilities; transportation terminals. K. Vocational and trade schools, including those of an industrial nature. Public and semi-public uses, including those of an industrial nature such as treatment plants, equipment storage and garage. (53a) 638.63 (Cont.) cyc 'vities for the collection�of_ rdous materials, - provided-that-ar s o_ age -of s inafer�a 1 s_sha-11 be iza-approve dh_ structures, container or trailers. or the purposes of this section, the following terms and definitions ' hall be applicable: 1. Containers - means any cans, barrels, driers or tanks - (except stationary tanks) which would be used for the outside storage of nonhazardous materials. - 2. Non -hazardous material - meansany material does not increase nor cause an increase of the hazardor menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire. 3. Approved structure - means that which is built or constructed or an edifice or building of any kind in which collected non- hazardous material may be stored. 4o Trailer - means 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: (Ord. No. 3-78, Sec. 1, 4 Apr 1978). 638.63 (Cont.) M. Recycling activities for the collection of non -hazardous materials, provided that all storage of such materialsshall be in approved structures, container or trailers. N. For the purposes of this section, the following terms and definitions shall be applicable: 1. Containers - means any cans, barrels, drums or tanks (except stationary tanks) which would be used for the.. outside storage of non -hazardous materials.. 2. Non -hazardous material.- means any material which does not increase nor cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire. A• pproved -structure - means that which is built or constructed or an edifice or building of any kind in which collected non- hazardous material may be stored. • Trailer - means, 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.. (Ord. No. 3-78, Sec. 1, 4 Apr 1978). • '(54) 638.65 ACCESSORY USES AN A. Retail sales of products manufactured, processed or stored- , upon the premises. • unit for-occupanerby-eer-or- -employees of-the-pi.incipal-use. of_nne or_biar43E-Chcprineipal- ,usea-,--in-k+eping_with_the—i-ndus-triai--etrra-eter--o-f_the_fEsrr-irt are permitted. 638.67 :-SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSIVENT A it Public .utility uses and rights -of -way. I . B. .Radio and television' studios, broadcasting towers and ...- antennas. . . . . C. Service stations, subject to the provisions designated in C-1. D. Veterinary hospitals and clinics, subject to the provisions designated in C-1: E. Establishments dispensing alcoholic beverages. F. After public notice and hearing, the Board of Adjustment may permit special. exceptions uhich are IFompatible to permitted uses and which are able to meet the min*rurn requirements and performance standards as set for 'in this zoning district. 638.69 PROHIBITED USES AND STRUCTURES A. Residential uses, except as provided under accessory uses. B. Ebtels>hotels, boarding and lodging houses-. \\ 7z , C. Automobile wrecking yards, junkyards, scrap and salvage yards. 7 EL Churches, private\clubs "'lodges, public schools. E. Retail and other commrCial establishments except as specifically " \ or provisionally permitted herein.. F. Above ground -Storage of liquefied petroleum products. • _ - G. All uses riot specifically or provisionally permitted herein; any use not in keeping with the indUkri41 character of the district. D. Churches, private clubs and lodges, public schools. •- • n, 638.65 ACCESSORY USES AND STRUCTURES (54) A. Retail sales of products manufactured, processed or stored upon the premises. A./ i ueit—foz occupaney-by- -ier or-- -empleyccs of —the -principal -use. A of_.one or innr-e—oft-ie-pri-ne-xpa1- ZTrkeep- ,,a T ri t the—i-nel s-&l-±& eh?arae 3- o the di srri f t P� are permitted.' 638.67 -SPECIAL EXUIF'EIONS PEPMISSIBLE BY BOARD OF ADJUS11'1E T A. Public .utility uses and rights -of -way. 7B. Radio and television studios, broadcasting towers and antennas. C. Service stations, subject to the provisions designated. in C-1. D. 'veterinary hospitals and clinics, subject to the provisions. des griated in CA.. E. Establishments dispensing alcoholic beverages. F. After public notice and hearing, the Board of Adjustment may permit special exceptions which are co<«patible to permitted uses and which are able to meet the minimum requirements and performance standards as set for in this zoning district. 638.69 PROHIBITED USES AND STRUCTURES A. B. C. D. E. F. G. Residential uses, except as provided under accessory uses Hotels~ hotels, boarding and 10 Automobile wrecking yards, junk dging houses. yards, scrap and salvage yards.. Churches, private"clubs and,.l'odges, public schools. Retail and other commerCial establishments except as specifically or provisionally permitted herein. Above ground- storage of liquified petroleum products. All uses not specifically or provisionally permitted herein; any use not in keeping with the indu trial character of the . district. N� f JtA t • (54) 638.65 ACCESSORY USES AND STRUCTURES A. Retail sales of products manufactured, processed or stored upon the premises. B. Not more than one dwelling unit for occupancy by owner or employees of the principal use. C. Customary accessory uses of one or more of the principal uses, in keeping with the industrial character of the district are permitted. 638.67 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT A. Public .utility uses and rights -of -way. B. Radio and television studios, broadcasting towers and antennas. C. Service stations, subject to the provisions designated in C-1. D. • Veterinary hospitals and clinics, subject to the provisions designated in C-1.. E. Establishments dispensing alcoholic beverages. F. 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 for in this zoning district. 638.69 PROHIBTTED USES AND STRUCTURES A. Residential uses, except as provided under accessory uses. B. Nbtels, hotels, boarding and lodging houses. C. Automobile wrecking yards, junk yards, scrap and salvage yards. D. Churches, private clubs and lodges, public schools. E. Retail and other commercial establishments except as specifically or provisionally permitted herein. F. Above ground storage of liquified petroleum products. G. All uses not specifically or provisionally permitted herein; any use not in keeping with the industrial character of the district. S1 4 � (555) 638.67 (Cont.) H. Any use deemed objctionabie by the standards established in Chapter 639 (Pe.-fornance Standards) of this ordinance. 638.71 AREA AND DIMENSION REGt L tTIONS : =--2 Minimum Lot Area: Minimum Lot Width: Minimum Lot Depth: Maximum Minimum Floor Area: Maximum/Height: Lot Coverage': 10,000 SO!F T. and in addition the raio:�.:of gross floor area to lot area --shall not exceed 2.0:1.0. 75 FI. 100 FT. 757 900 SQ. FT.. 40 FT. MINIMUM SETBACK REQUIREMENTS M-2 Front: Side Interior Lot: 35. FT. 0 FT., except where a district. (other than residential) requiring= such setback, such use will pro- vide the same setback as required. for the abutting district; where an industrial use borders a resi- dential district, the setback shall be 35 FT. Side Corner Lot: 35 FT. Rear: 15 FT.; 10 FT. when abutting an alley; 35 FT. when abutting a residential district. (Ord. No: 8-78, Sec. 1, 6 Jun 1978). 638.73 LANDSCAPING AND SCREENING 0 Defined in Chapter 639 (Supplementary Regulations) of this ordinance. 638.75 PERFORMANCE STANDARDS Defined in Chapter. 639 (Performance Standards) of this ordinance. 638.77 PARKING AND LOADING Defined in Chapter 639 (Parking and Loading Regulations) of this ordinance. Pr 638.67 (cont) ) H. Any use deemed objectionable by•the standards 'established • in Chapter 639-(Performance Standards) of this ordinance. 638.71 AREA AND DIMENSION REGULATIONS:- M-2 Minimum Lot Area: 10,000 SQ. FT. and in addition the ration of gross floor area to lot, area shall not exceed 2.0:1.0. Minimum Lot Width: 75 FT. Minimum Lot Depth: 100 FT. Maximum Lot Coverage: 757 Minimum Floor Area: 900 SQ. FT. Maximum Height: 40 FT. MINIMUM SETBACK REQUIREMENTS M-2 • Front: 35.: FT. Side Interior Lot: 0 FT., except where a district (other than residential) requiring such setback, such use will pro- vide the same setback as required for the abutting district; where an industrial use borders a resi- dential district, the setback.. shall be 35 FT. Side Corner Lot:, 35 FT. Rear: 15 FT.; 10 FT. when abutting an alley; 35 FT. when abutting a residential district. (Ord. No. 8-78, Sec. 1, 6 Jun 1978). 638.73 LANDSCAPING AND SCREENING Defined in Chapter 639 (Supplementary Regulations) of this ordinance. 638.75 PERFORMANCE STANDARDS Defined in Chapter 639 (Performance Standards) of this ordinance. 638.77 PARKING AND LOADING Defined in Chapter 639 (Parking and Loading Regulations) of this ordinance. (56) 638. 81 M-3: GENERAL INT'JSTRIAL DISTRICT The Provisions of this district are intended to appl to an area b6e located-in-close_..proximity to transportatioities and ' f1 t which can serve general m, v. _ t . >, storage, distribution and PAeP other general industries ions. rictions herein are intended to min''' - adverse influences of t e ustrial functions. Restrictierr erein are intended to minimize adverse uences of the industrial activities. 638.83 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 as a unit with certain site improvements shared in common, are developed on a site of five (5) acres or less: A. General offices, studios, clinics, laboratories, data processing and similar uses. B. Engineering, laboratory, scientific and research instrumentation and associated uses, C.. Manufacture 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. Phototgraphic equipmentand supplies; 7. Jewelry, silverware, plated ware; 8. Musical instruments and parts; 9. Toys, amusements, sporting and athletic goods; 10. Radio, TV, phonograph and electronic instruments and parts; 11. Pens, pencils and other office and artist materials; 12. Costume jewelry, costume novelties, buttons and miscellaneous notions; 13. Other similar uses. PI fA Mt Z (56) 638.81 M-3: INDUSTRIAL DISTRICT The provisions of this district are intended to apply to an area located in close proximity to transportation facilities and which can serve general manufacturing, storage, distribution and other general industrial functions. Restrictions herein are intended to minimize adverse influences of the industrial functions_ Restrictions herein are intended to minimize adverse influences of the industrial activities. 638.83 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 as a unit with certain site improvements shared in common, are developed on a site of five (5) acres or less: A. General offices, studios, clinics, laboratories, data processing and similar uses. B. Engineering, laboratory, scientific and research instrumentation and associated uses. C. Manufacture 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. Phototgraphic equipment and supplies; 7. Jewelry, silverware, plated ware; 8. Musical instruments and parts; 9. Toys, amusements, sporting and athletic goods; 10. Radio, TV, phonograph and electronic instruments and parts; 11. Pens, pencils and other office and artist materials; 12. Costume jewelry, costume novelties, buttons and miscellaneous notions; 13. Other similar uses. )J pA,- (57) . 638.83 (Cont. D. Eating establishents . E. Warehousing and r o1esaling including refrigerated storage; F. Service and repair establishments, welding shops, dry Ail cleaning and laumdry plants, printing plants, taxidermists and similar uses. G. Light manufacturing, processing and assembly, such as precision manufacturing, electrical machinery, bottling plants, dairy products plants, bakeries, fruit packing and similar uses. H Building materials supply and storage; contractor's storage yard except scrap materials. Outside storage areas shall be effectively walled on all sides by a wall of ornamental. block, brick, solid wood fencing or combination thereof and shall be so constructed to restrict any view there through. 1. Automotive, major recreational equipment and =bile home sales, storage and repair establishments, such as body shops, dry docking facilities, tire recapping, paint shops, upholstery shops and the like. J. Freight handling facilities; transportation terminals. K. Vocational and trade schools, including those of an industrial nature. - 1\4 2, �1l Z t-ria1 to e Storage of liquified petroleum products providing that all such uses comply with the standards set out in the National Fire j - Protection Association Code. N. ufacturing, assmbly and process su�heaary a } equipment plants, a .ecrx€ aature„food ro ec ss' a and ''� canneries, iron fotndried.stee- f brieat-ion block and concrete plants, -furniture ctories, toy factories aria-gArmilar ,use O. Recycling activities for the collection of non -hazardous materials, provided that all storage of such material shall be in approved structures, containers or trailers. P. For the purposes of this section, the following terns and definitions shall be applicable. (Ord. No. 3-78, Sec. 1, 4 Apr 1978). (57) 638.83 (Cont.) I D. Eating establishments. E. Warehousing and wholesaling including refrigerated storage; outside storage areas shall be walled on all sides. F. Service and repair establishments, welding shops, dry cleaning and laundry plants, printing plants, taxidermists and similar uses. G. Light manufacturing, processing and assembly, such as precision manufacturing, electrical machinery, bottling plants, dairy products plants, bakeries, fruit packing and similar uses. H. Building materials supply and storage; contractor's storage yard except scrap materials. Outside storage areas shall be effectively walled on all sides by a stall of ornamental block, brick, solid wood fencing or combination thereof and shall be so constructed to restrict any view there through. I. Automotive, major recreational equipment and mobile home sales, storage and repair establishments, such as body shops, dry docking facilities, tire recapping, paint shops, upholstery shops and the like. J. Freight handling facilities; transportation terminals. K. Vocational and trade schools, including those of an industrial. nature. L. Public and semi-public uses, including those of an industrial nature. M. Storage of liquified petroleum products providing that all such uses comply with the standards set out in the National Fire Protection Association Code. N. General manufacturing, assembly and processing, such as heavy equipment plants, aircraft manufacture, food processing and canneries, iron foundries and steel fabrication, block and concrete plants, furniture factories, toy factories and similar uses. 0. Recycling activities for the collection of non -hazardous materials, provided that all storage of such material shall be in approved structures, containers or trailers. P. For the purposes of this section, the following terms and definitions shall be applicable. (Ord. No. 3-78, Sec. 1, 4 Apr 1978). (57a) 638.83 (Cont.> 1. Containers - means any cis, barrels, drums or tanks (except stationary tanks) which would be used for the outside storage of non -hazardous materials. 2. Non -hazardous material -means any material which,does not cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire. 3. Approved Structure - means that which is built or con- structed or an eft fice or building of any kind in which collected non -hazardous material may be stored. 4. Trailer - means 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. (ord. No. 3-78, Sec. 1, 4 Apr 19) 638.85 ACCESSORYI USES AND ' STRUCTURES A. Retail sales of products manufactured, processed or stored upon the premises. B. "ale ,ore than one c ;,e't for -occupancy by-u rreLs or „Jonployces orb g ncip i1 arse. C. Customary accessory uses of one or more of the principal uses, in keeping with the industrial character of the district are permitted. 638.87 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT A. Public utility uses and•rights-of-way. B. Radio and television studios, broadcastin -Sowers and antennas. C. Service a ions, subject to the .)go 'sions designated in C-1. D.. Veterinary hospitals c1iiics, subject to the provisions . - designated in C-1. E. Establish c ' dispensing alcoholic be: za F. After e..lic notice and hearing, the Board of _str.,ent may .ermit special exceptions -which are co:rnatible 'to permitted us s and whichtn are able to rneet the minimr requirements and 7-performance standards as set forth in this zoning district._. 638.89 PROHIBHED USES AND Sli.UCTURES A. Residential uses, except as provided under accessory uses. B. Motels-, hotelsboarding and lodging houses. C. Automobile -Trecking yards, junk yards -rap and salvage yards. D. Churches, private clubs and ,I:odges, public schools. E. Retail and other commercial establishments except as specifically or provisionally permitted herein. r. All uses not specifically or provisionally perms Red herein; any use not in keeping with the industrial character of -the tdisLrict. Any use deem objectionable by the standards established (1-cA4=K- in Chapter 639 (Performance Standards) of this ordinance. C,u (58) 638.85 ACCESSORY USES AND STRUCTURES A. Retail sales of products manufactured, processed or stored upon the premises. B. Not more than one dwelling unit for occupancy by owners or employees of the principal use. C Customary accessory uses of one or more of the principal uses, in keeping with the industrial character of the district are permitted. 638.87 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT A. Public utility uses and rights -of -way. B. Radio and television studios, broadcasting towers and antennas. C. Service stations, subject to the provisions designated in C-1. D. Veterinary hospitals and clinics, subject to the provisions designated in C-1. E. Establishments dispensing alcoholic beverages. _ F. 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. 638.89 PROHIB DI) USES AND STRUCTURES A. Residential uses, except as provided under accessory uses. B. Motels, hotels, boarding and lodging houses. C. Automobile wrecking yards, junk yards, scrap and salvage yards. D. Churches, private clubs and lodges, public schools. E. Retail and other commercial establishments except as specifically or provisionally permitted herein. F. All uses not specifically or provisionally permitted herein; any use not in keeping with the industrial character of the district. G. Any use deem objectionable by the standards established in Chapter 639 (Performance Standards) of this ordinance.- (59) 638.91',AREA AND DIMENSION REGULATIONS: M-3 Minimum Lot Area: 30,000 SQ. Ft. (Ord. No. 8-78, § 1,.6 Jun 1978). Minimum Lot Width: 100 FT. Minimum Lot Depth: 200 FT. Maximum Lot Coverage: 75% Minimum Floor Area: 1,500 SQ. FT. Maximimum Height: 40 FT. MINIMUM SETBACK REQUIREMENTS M-3 Front: .50 FT. Side Interior Lot: 0 FT except iahei a district (other than resi- dential) requiring such setback, such use will provide the same`\setback as required for the abutting district where an industrial use borders a residentk'al district the setback shall be 50 feet. Side Corner Lot: 50 FT. Rear: 15 Ft., 10FT..when abutting\an alley, 50 FT. when abutting a resikential district. 638.93 ,LANDSCAPING AND SCREENING Defined in Chapter 639 (Supplementary District Regulations) of this ordinance. 638.95 PERFORMANCE STANDARDS Defined in Chapter 639 (Performance Standards) of this ordinance. 638.97 PARKING AND. LOADING Defined in Chapter 639 (Parking and Loading Regulations) of this ordinance. 639.01 OFF-STREET PARKING REGULATIONS 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': Q., 1. Auditorium, Theatres, Clubs, Lodges, Restaurants, and Other Places of - Assembl : One (1) space for each three (3) seats, 'or seating place, or one 1 space for every one hundred (100) SQ. FT. 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) -SQ. FT. 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 50' of the floor area open to the public. ' 5. Manufacturing and Industrial Uses: One (1) space for each employee on. • the -largest working shift.. 6. Med.ical or Dental Clinics: Three (3) spaces for each examination or treatment room plus one 11) 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) for each employee on'the largest work shift. 9. Commercial, Office and Professional Buildings: (excluding Medical and - Dental Clinics); One (1) space for every one hundred_fifty (150) SQ. FT. of •floor area in e main assembly room, whichever is greaten om 10. Public Buildings: One (1) space for each five (5) seats or seating places or. one (1) 'space for every one hundred fifty (150) SQ.. FT. of floor area- - in the main assembly room, whichever is greater. 11. Residential Uses (including Single, Two and Multiple FamilyDwellings},,R and Mobile Homes):.Two (2) spaces for each living unit. rer-° /m o • 12. jpi Takeout. Food Service Establishments: One (1) space for every one hundred°i -(100) SQ.FT. of floor area. 13. Colleges, Technical and Vocational Schools: One (1) space for each student and facul i ty member. A -111 (60) 639.01. OFT-STRF,T PARKING REGULATIONS P3/4. Ile 7)3". --Be ition of Off -Street Park' p ce: For the purposes of this ordinance, the termr -s reet par cing, sue=shall consist of a mininiu pav ea of two hundred (200) SQ. Fr. with minimum climes ' of 10 FT. by 20 FT. for parking an automobile, exc usive of access drives or aisles thereto. 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 -fir -Other places of Assembly: One ( �� space for each three (3) seats, or seating place, or one CO space for every one hundred (100) SQ. FT. of floor area of the main assembly hall, whichever is greater. 2. i - e as: One space of each three hundred gross floor area or Commercial OJ --SQ f. on —thereof. Churches, Temples or Places of Worship: OneL pace for eadl four (4) seats or seating places, or one space for each one hundred twenty-five (125) SQ. FT. of floor area of the main assembly hall, whichever is greater. p iing nr T,odges : _ One space for each three (3) seats or seating places,�i—eue_s dred (100) SQ. FT floor area of the main assembly hall, whichever is greater. Hospitals. Two s.aces for each pat' Libraries, Museums: Off-street parking spaces equal in area to 50%. of the floor area open to the public. Manufacturing and Industrial Uses e space for each employee on e largest working shift. Medical or Dental Clinics: Three (3) spaces for each examination or treatment room plus one (1) space for each employee. Mortuaries: 0ne.(1) space for each five (5) seats or seating places, exclusive of areas needed for ambulances. 639.01 Con 14. Hotels/Motels: One (1) space for each sleeping unit, plus one (1) space for twelve (12) sleeping units for employee parking. 15. 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 determing the requirement. C. Location of Off -Street Parking Spaces: 1. Parking spaces for all residential uses shall be located on the same property as the main buildipg, except that one-half (i) 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. tor each living =4...eacraoutte2=464_,,c,‘ � QOne S CA h et -in e;w each three ) seas or 'seating paces V) a i`i. 2;#-c: L]4. 13 . 15 •-�s,. gas *a,� � 6& zr �her Fitink Places: space (1) for 1)_-spacc forte -bed: (a). Colleges, technical and vocational. schools: one ac spe or each student.. floe 4 4p-;, (h). High School: One (1) space for each two (2) students. (c). Junior High, Elementary, Kindergarten, Nurse: One (1) space per classroom, plus one space for each administrative office. ties. One space for each sleeping unit, plus one space for twelve sleeping units for employee. parking A11 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 determing the requirement. C. - Location of Off -Street Parking Spaces: Parking spaces for all residential uses shall be' located'on the same property as the main building 1. ,except thatone-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 fran the nearest boundary of the site. (62) 2. Parking spaces for other uses shall be provided on the same lot or not more than five hundred (500) FT. distant. 3e Parking requirements for two (2) or more uses of the same n different types, may be satisfied by the allocation of ther required number of spaces for each use in a common parking facilit . 4.. Required off-street parking areas for five (5) or more automobilesy 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) FT. total on any street or alley for ingress or egress to said off- street parking area. that no parking or maneuvering snarl __ 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) FT total on any street or alley for ingress or egress to said off- street parking area. 639.03 Orr' -STREET FOALING (639.03) OFF-STREET LOADING A. Requirements for Off -Street Loading Spaces: Every permitted use requiring the receipt or distribution by vehicles of materials or merchandise and having a floor area of ten thousand (10,000) SQ.FT. or more, shall have at least one (1) permanently maintained off-street loading space for each ten thousand (10,000) SQ. FT. or fraction thereof of gross floor area. 1. t „es-LcI—LAMAS wiui a gross rioor area or less than _(1--ppnx—n_r, "CM e•_171a1 1 nrntri ale_ �f• 2. Single -occupancy retail operations, wholesale and industrial operations with a gross floor area of less than ten thousand (10,000) SQ. FT. 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. 1 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 FT Width: ! 12 FT Height: 14 FT ✓� (63) 639.05 639.07 Ha', OCCUPATIONS PERMITTED HOE OCCUPATIONS Customary hone occupations which are incidental to the permitted ' residential use shall be allowed in any district which permits home occupations. Permitted home occupations shall be personal service occupations of a domestic crafts or professional nature, such as: Dressmaking, Millinery, Sewing, Tailoring, Weaving, Furniture Repair, Washing and Ironing, Carpentry, TV or Radio Repair, Watch Repair, Lau, Manufacturer's Agent, Architecture, Medicine or Dentistry, Engineering, Real Estate, Insurance, FT C'Accounting, Notary Public, Teach' C1erlov Writing 639.05 HOME OCCUPATIONS 639.07 _,PERMITTED HOME OCCUPATIONS Customary home occupations which are incidental to the permitted residential use shall be allowed in any district which permits home occupations. 639.09 HOME OCCUPATION REQUIREMENTS A. Home occupations are permitted within the confines of any dwelling unit, provided all restrictions of 639.09 arecomplied with. 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 anyopen 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. )\ -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) SQ. FT. in area, which may be displayed affixed flat against the exterior surface at a position not more than two (2) FT. distant from the main entrance of the dwelling unit concerned. o\ permitted other than one (1) non -illuminated name plate, not exceeding two (2) SQ. FT.: in area, which may be displayed affixed flat against the exterior surface at a position not more than two (2) FT .distant from the 'main entrance of the dwelling unit concerned. For structures housing multi -family or mixed uses, no external evidence of the home occupation shall be permitted F. Cont. /,f% For structures housing multi -family or mixed uses, no external evidence of the home occupation shall be permitted. 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. H. No stock in trade or commodities, other than those prepared, produced or created on the premises by the operator of the home occupation,, shall be kept or sold on the premises. I. No motor power other than electric motors shall be used in conjuction with a home occupation. The total horsepower of such motors shall not exceed three (3) horsepow,er, or. one (1) horsepower for any single motor. d: 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 occupaticgh. shall interfere with the reasonable enjoyment of adjoining or nearby dwelling units or properties. 39 1i2 OCCUPATIONAL LICENSE REQUIRED Permitted home occupations shall comply with the City of Cape Canaveral Occupational License Tax. 639. A GARAGE SALES The non-commercial sale of privately owned items at retail from a residentia't' 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 less 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 saleable items on allnon-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) SQ. FT. 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. F. The person in charge of the sale stlalr insure LT1a'C ai3Ll7[t47t.1vc vehicles of potential or actual customers do not interfere with pedestrian or vehicular traffic in the vicinity. 4L1j-.. 639.13 PERFORMANCE STANDARDS ef 639.15. APPLICATION OF PERFORMANCE STANDARDS e,,.:.+�� 1 •--.� a,•,-- ^��++^+timp or land developed, constructed 639.15'1 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- 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. (66) 639.17 AMINISTRATION AND ENFORCEMENT OF PIiRFORMANCE STANDARDS Upon omplaint to the Building Official that an apparent violation in meeting the Performance Standards exists, the holder of the Certificate of Occupancy for the building in which the alleged violation originates must furnish the Building Official with a certified statement by a registered engineer that proper measurements have been made and that the alleged violation does or does not exist. If such violation does exist, it shall be rectified subject to approval by the Building'Official. All costs incurred in the above procedure shall be borne, by the holder of the Certificate of Occupancy for the building which was the subject of the complaint. If the alleged violation occurs in a vacant building or a portion of a building which is unoccupied, or on property otherwise controlled by the owner thereof, such owner shall be responsible in lieu of the holder of a Certificate of Occupancy. 639.21 NOISE STANDARDS A. No person shall', within the limits of the City of Cape Canaveral, create or cause to.be'created, any unreasonably loud, unnecessary or disturbing nose. A noise shall be. deemed to be unreasonably loud and a violation of this ordinance under the, following circumstances: 1. Any sound radiated for continuous or recurrent periods, from any, premises that produces sound pressure levels at any point on the property line of said premises or, 'adjacent dwelling unit, in excess of the following "A" Scale Limits slow meter response, measured ih decibels: "A" Scale "Lunits District Day Night Residential 65 60 Business 75 �\ 70 Industrial 80 '\ 75 Any sound emanating from the construction or demolition of buildings or structures, or from the maintenance or construction of streets or highways, having a sound pressure level higher higher than ninety (90) decibels measured fran a distance distance of fifty (50) FT from the place of the action, or if the source of the sound is on`,private property, measured fran the nearest property line. (67) 639.21•(Cont.) 3. Any noise of an impulsive or intermittent character, such as hammering, stamping or forging operations, or gunfire, which produces sound pressure levels in excess of the following "A" Scale Limits, fast meter response, measured in decibels at a distance of fifty (50) FT., or at the nearest property line, whichever is closer: "A" Scale Limits District Day Night Residential 70 60, Business 80 70 Industrial 85 75 The michrophone\used to measure the loudness of a noise shall be placed at any point on the property line or /point fifty (50) FT. distant from the noise being measured, no closer than five (5) FT. from the wall, not\less than four (4) FT. above the ground and at right angles to the\noise source. Sound,pressure levels shall be measured with a sound level meter having an "A" weightsd measuring scale rnanufactured according to the AmSrican National l Standards Institute ANSI Standard,S 4-197I, which has been calibrated in accordance with ANSI Standards 4. See City of Cape Caciaveral Noise Ordinance 639.23 SMOKE AND PARTICULATL MITER STANDARDS A. Requirements: The amount`of particulate matter resulting from smoke or other sources permitted in ambient air shall not exceed two hundred (200) milligrams'per cubic per cubic meter during any twenty-four (24) hour period of continuous measurement. B. Method of Measurement: The aruurt of particulate matter present in ambient air shall be measured by.a high -volume sampler, capable of pulling approximately thirty (30) to fifty (50) cubic feet of air per minute through'aa pre-weifhted filter, and approved for use by the Florida State' Department of Pollution control. C. Locational Requirements for Measurement:. The amount of partic ate matter shall be measured at the property lines of the use from which such particulate matter is emitted. D. In the event that a high volume sampler is not available, every use shall be so operated as to prevent the emission of smoke from any source whatever, to a density greater than described as Number 1 on the Ringlemann Smoke Chart, provided however, that smoke equal to but not in excess of that shade of appearance described as Number 2 on the R nglemann Chart may be emitted for a period totaling four (4) minutes in any thirty (30) minutes. A. (68) 639.23 (Cont.) /�'' For the purpose of grading the density of smoke, the Ringleimann Chart, as published and used by the United States\Bureau of Mines, and which is hereby made, by reference a part of these regulations, shall be the standard. All measurements shall be at the point of emission for this period of\measurement. 639.25 ODOR STANDARDS A. Requirements: All uses shall be controlled to prevent the emission of —Odorous gases or other matter in such quantities as to be objectionable or offensive at the specified points of measurement. \\ B. Method of Measurement: A noxious concentration shall be deemed to be the point at which the' threshold of sulell can be achieved. C. Locational Requirement: ,Noxious odors shall be measured as specified at any point twenty-five (25) FT. in radius from the point of origin. 639.27 TOXIC CASES, FUMES, A QPS AND M r1ER All uses shall be controlled to'prevent the discharge of any toxic gases or matter in such quantity that may endanger the public health, safety or welfare, or cause damage or injury to other property or uses. B. Locational Requirement: Measurement shall he made at point of discharge into the atmosphere. 639.29 VIBRATION STANDARDS A. Requirements: All uses shall be controlled to prevent the transmission of any vibration, from any source or at any time whatever, that exceeds the maximum displacement set forth in subsection (D) below. B. Method of Measurement: The displacement of earth caused by vibration shall be measured in inches by an appropriate instrument approved by the City Council upon recommendation of the ,City Engineer. C. Location Requirement: Vibration shall be measured as specified along the boundaries of the site. (69) 639.29 (Cont.) D. Permitted Vibration Transmissions: Frequency (Cycles per Second) 0Nto 10 .0008 10 to 20 .0005 20 to \ 40' . .0002 Over 40 . .0001 639.31 GLARE AND LIGHTING STANDARDS Any lighting elements\or structural materials installed on a site shall be prevented from casting or reflecting glare or light beyond the boundaries of the Site, unless their location precludes any hazard or nuisance arising as a consequence of such glare or light. Locations requiring some\neans of preventing the transmission of glare or light beyond the\ite's boundaries are established according to the relationship between\(a) required minimum elevation of the lighting element or structural material above the final grade established along the nearest site boundary, and (b) distance of the lighting element or structural material\ ruii the nearest boundary. As set forth in the following table, elements'<or materials below the minimum elevation required of each distance shall be shielded or otherwise screened to prevent transmi-.-:sign o \light or glare beyond the site: Distance from \Required Minimum Elvation Site Boundary `(for Lighting Sources or \ Elements) Maxium Permitted Displacement Along the Property Line (in inches) 50 Feet 4.20 Feet 60 Feet,/ . 19 Feet 70 Feet' '18 Feet 80 Feet 17 Feet 90 Feet 16 Feet 100 Feet 15 Feet 639.33 FEECtROMAGNETIC RADIATION A. Requirements: All uses shall be controlled to prevent any source of electromagnetic radiation which does not comply with the current regulations of the Federal Cornrnemications Commission regarding such sources of electromagnetic radiation. 639.3 HEAT AND HUMIDITY (70) Any use prod cing humidity in the form of steam or moist air, or producing hea shall be carried on in such a manner_ that steam, humidity or heat is not perceptible to the average person using his normal senses at an not line. 639.37 FIRE AND EXPLOSION Each use shall be so operated\\to minimize the danger from fire and explosion and to comply with thefire regulations of the NFPA. 3,.4 A) 639.39 RADIATION HAZARDS \k 'QApplicable standards of the Florida State Board f Health Sanitary A Code are hereby adopted. `, 639.41 STREAM POLLUTANTS No effluent shall be discharged into any stream or waterway un.ess meeting state standards. Discharges into the City of Cape Canave al sewerage system shall be as a roved b the City Engineer, RIOT 639.45 BUILDING SETBACK LINES 630- 3 UILDING SETBACK LINES A. All properties within the city limits of Cape Canaveral which abut the following roads shall maintain these minimum building setback lines: 1. Highway AlA (Portions known as North Atlantic Avenue and Astronaut Blvd.) a. Setback on east side from southern city boundary north to North line of Section 23, 24, 37, will be fifty (50) feet from highway right-of-way, and setback on east side from south line of Sec. 14, Township 24, Range 37 to northern city boundary shall be seventy-five (75) feet from the highway right-of-way. b. Setback on west side of A1A from southern city boundary to northern city boundary shall be seventy-five (75) feet from the highway right-of-way. 2. North Atlantic Avenue (that portion of North Atlantic Avenue also known as. Palm Avenue). Setback, each side from its intersection with Monroe Avenue to the Northern City Boundary shall be fifty (50) feet from the right-of-way. (71) 639.45 (Cont . ) 3. Ridgewood Avenue Setback, each side, from the southern city boundary to the northern terminus 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 State Coastal Construction Setback. 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. 639.46' 7 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT In any district, except R-1 4 more than one structure housing(a�s�permitted or permissible principal usemay be erected on a single lot,amp' i ded setback and other requirements of this ordinance shall be met for each that structure. In an R-1 zoning district only one prinicpal structure per lot shall be . permitted. 20' for first two stories 25' for first three stories ,30' for first four stories e. ,��_l,_,.,,1L„�f� e=story above four . istance Between Buildin s I� � 20' for first two stories 25' for first three stories 30' for first four stories And two (2) additional feet for each 'story above four. 639.49-,t1 SETBACK ENCROACHMENTS Every part of every required setback shall be open and unobstructed the ground to the sky except as hereinafter provided or as otherwis from in this ordinance: 1 e permitted A. Sills or belt course's may project not over eighteen (18) inches into a required setback. B. Movable awnings may project not over three (3) feet into o a required A' .111 C. Chimneys, fireplaces or pilas ters may project not over two (2) feet into a required setback. D. Fire escapes, stairways, and balconies which are unroofed and,un- enclosed 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\� G. Accessory parking may be located in a required front,rear or side setback for single family and two family dwellings. W- I-1-4 1 H. In the Commercial and Industrial zoning districts, required off- street parking space may be located in the front setback except that no parking shall be permitted within ten (10) feet of the front lot line. I. Other than listed above in G and H, no required landscape buffer shall be used for any parking space or backout area. J. Open, enclosed porches, platforms, or paved terraces not covered by a roof or a canopy, andiwhich do not extend above the level of the first floor of the building; may extend or project into the required setback. K. Primary parking may be located in a required front setback for multiple family dwellings. 4,14y 639.51 ACCESSORY STRUCTURES .. No accessory structure shall be erected -in anv 11 639.5t' ACCESSORY STRUCTURES No accessory structure shall be erected in any front yard and shall not cover more than 30% 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 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. (-B-rd--No. 17-75, ,See-1 1 Sept. 197.66- Storage (Utility) sheds of a temporary nature, without a permanent foundation,• not over 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. (•Ord 7-No-1fl--7-7- -Sec-1, 21--flare=1977 ) 639.5S' VISIBILITY AT INTERSECTIONS On a corner lot. in any district, nothing 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. 639.5 2 7 FENCES, WALLS AND HEDGES Notwithstanding other provisions of this ordinance, except as specified in $eG�io Gbap-ter- 639.53, fences, walls and hedges may be permitted in any yard, provided that in any resident'al district, no fence, wall or hedge in any side or back yard, shall be over5' feet in height, nor over-°4 feet in height in any yard abutting .any street, --Ord—No-17 7-6 eC:-'1; 2-i—Sept 197.5)-:- 639.-.d 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. y - is-SI 639..r3 ,50! 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 fifiteen (15) feet to a public right-of-way or an approved private right-of-way. �e` g y. See 645.03, C. 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 645.03,C. 639.61 LOCATION OF RECREATIONAL AND CAMPING EQUIPMENT FOR LIVING OR mrrmnrtry PTfl )11Gr 'e 639.64 LOCATION OF RECREATIONAL AND CAMPING EQUIPMENT FOR LIVING OR OCCUPANCY PURPOSE 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. Any person desiring to locate their travel trailer, camper (truck mounted) motor travel home or' tent in any space other than a duly licensed and approved trailer park as aforesaid, shall be required to secure written permission from the building official. All such permits issued under this section shall be for a temporary period (not to exceed fifteen (15) days) and shall expire at the time designated in the permit. The building official shall ascertain that permission of the land owner has been given for the location of such equipment thereon prior to issuance of said temporary permit. • (74) 639.61 (Cont.) C. Nothing contained herein shall be deemed to prevent, or prohibit, or make unlawful the parking of any of the aforementioned recreational or camping equipment in the yard of any resident within the City, when such equipment is owned by the Owner or tenant of such residence and not used for human habitation or carrying on a business. 6rf LIVING ABOARD BOATS 3!3 639.S Nothing'sined herein shall be deemed to prevent, or prohibit, or make unlawful the par\ng of any of the aforementioned recreational or camping equipment in the yard of,any resident within the City, when such equipment is owned by the owner.�o tenant of such residence and not used for human habitation or crying on ,business. 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 meet applicable Federal regulations. 639.-- PARKING AND STORAGE 0R 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 completly enclosed building. 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 and/or a work 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. C 3 I 0' 639.E MINIMUM WIDTH OFiCOURTSe'iar-d-z, T m.i imum width of a court shall be thirty (30) feet for one-story buildings, efourt� y (40) feet for two-story buildings, and sixty (60) feet for four-story - butt -dings. 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. q 639.6f WATER AREAS (75) 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.:: LANDSCAPING AND SCREENING FOR COiN;KG1AL AND • 1/3 INDUSTRIAL LONTNG DISTRICTS 'Wherever the boundary of a commercial or industrial zoning district phut innn a roamsaeontial 7nnina dis-trirt a visual screen shall be 639,69 LANDSCAPING AND SCREENING FOR COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Wherever the boundary of a commercial or industrial zoning district abuts upon ' a residential zoning district, a visual screen shall be provided within the required setbacks of such commercial or industrial zoning district, meeting the, following specifications: A. Such visual screen shall, be provided along the entire length of the commercial or industrial zoning boundary which abuts upon any residential zoning district. B. Such visual screen shall consist of decorative or ornamental fencing and/or decorative or ornamental trees and shrubs, designed and placed in a manner rendering such visual screen at least eightyR(80%) opaque, within a period of two (2) years after such screen is provided, and shall be not less than four (4) feet in height nor more than six (6) feet in height& C. Landscaping area for parking areas of more than ten (10) spaces shall comprise at least 10% of the total parking area, and shall consist of islands of grass, hardy' shrubs or evergreen ground cover. r D. All areas not paved shall be landscaped with grass, hardy shrubs or ever- green ground cover. E. Location of screening' and landscaping and subsequent maintenance shall be subject to the approval of the Building Official. (76) 639.J4-Lj5 SEWAGE DISPOSAL No building permit shall be issued unless provisions are included to connect into the City sewage collection system, except for single family residences which shall otherwise comply with' the City's sewer ordinances and regulations. .(-Gr-d— 4o,— 7-76,— Sec . 1--2-1- ept 194€4 - 639.73 SWIMMING POOLS AND ENCLOSURES C H 639.27 SWIMMING POOLS AND ENCLOSURES Swimming pools, open and unenclosed, or covered by a screen enclosure, may occupy a required rear 'side yard provided they are not located closer than five (5) feet to a rear lot line, or ten (10) feet to an interior side lot line. A walk space at least eighteen (18) inches wide shall be provided between pool walks and fences or screen enclosure walks. Every swimming pool shall be protected by an approved safety barrier and comply with the Swimming Pool Code of the Southern Building Code.Congress! 639.3iL0 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. ' 639.401 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 Atomic Energy 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. 639.33 BUILDING REQUIREQ 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. 639.§3:1 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 within the City limits. K �WY (B) Sidewalks constructed in residential zoned district shall be�(4lfeet wide and)feet wide in commercial and all other districts. Sidewalks and ' concrete aprons will not be required across asphaltjiaved driveways, but said asphalt driveways' must be maintainednin good' repair by the property owner. Sidewalks along State Road A1A will require,,a permit from the Florid Department of Transportation, ems„ „, ,t 4.. st (76a) (C) Sidewalks being installed on 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(5feet in width. (D) Sidewalks need not abut the property line and 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. 4uLI1[locate trees or other objects which are not desired to be moved, altered or C (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. -Ord. -No: 17 76—Sec 1.-2-1 :Sentuael NCE NIY) 8(�Jrl�vTHS 639.87 DEDICATED PUBLIC LAND De. ' _ Pri t,T,ii ; ^ .,-,..t, t: z2la.72v2, a1----le,.� o ccessgays may be closed or -' 639.8 DEDICATED PUBLIC LAND ent schere qDedicated public streets, walkways, alleys or accessways may be closed or _! - relocated as part of or in conjunction with any private development phase upon an k, application being made to the City Council, after review of and recommendation w from the Planning and ZoningBoard, and if said application is in the best interest b4 of the City. ( . . - 8-dune-19 } � `; 641r) SCHEDULE OF SPECIAL; EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT (77) 641.01 )ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES • Establishments which shall require a Special Exception by the Board of Adjustment are those licensed by the Florida Beverage Department for the purpose of permitting the dispensing of alcoholic beverages, whether for on -premises consumption or for package retail sales. In consideration of a Special Exception application, the Board of Adjustment shall not approve the applicationlunless it is tdtally consistent with all of the conditions as set forth; above, andalsothe 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 ofl 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 avendor license by the Florida Beverage Department, • •permitting:on-premise consumption o-Nbeve.rages 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 carryout shall comply with Al, A4, and A5; C and E, and B, 3(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. —Pnr:kage retail sales establishments shall provide parking as determined by tfiPliilding Official of the City'of Cape Canaveral; who shall use - the ratios -+.ablished in Chapter 639. I (78) e� 641.01 (Cont.) 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 1" = 400 feet and shall indicate the following information. 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 (t) f400)feet and shall indicate the following information. o����40T h�r60-a a. The outer boundary of the vicinity map shall be at least two thousandTfive 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 inlsub-paragraphs 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 (11ihGl� = one hundred (1001 and shall indicate the following information: (al Location and dimension of the proposed establishment's property lines, all existing and proposed structures, driveways, parking spaces and ingress/egress points. (b) The following information shall be presented in tabulated form: - number of parking spaces - number of restaurant seats = numb'er of bar/lounge seats - building area - lot area The building floor plan shall be of a scale of not less than 1/8•' - 1" and shall detail room layouts and exits. OL LIVL Lebo LaLcu• -,_, :., layouts and exits. (79) 6 1.01 (Cons.) 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 cond �s are complied with:' with: a Seating rapacity of the_estnhl i ghmanr Q17,11 1;., -,t- a. Seating capacity of the establishment shall be at least fifty (50) or more for restaurant pruposes 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 1a1consumption of food; sworn statements accompanied by appropriate Jsales records shall be submitted to the City Clerk, at the request 3-of the City Manager, verifying the major source of income is consistent with the requirements of this paragraph; 4.-jg-21 e. Sale or consumption of malt beverages and/or wine shall be limited to the time period set by the City Code Chapter 733. 11-1S-81 V-tj ui Lae Florida Statutes, 1978 edition. -20 Jun 1978),, C. The Special Exception maybe subject to cancellationby the Board of Adjustment if the Board finds that the establish7ent has been , deleterious to the health, safety, welfare and -morals of the public and that all laws pertaining to the establis ent's operation have, not been complied with. D. The Special Exception shall be limited to apply to the licensee listed by the Florida Beverage Department only. E. For on -premise consumption of liquors, restuarants 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. (80) LEGALLY ESTABLISHED NON-COPFOFNING LOTS, N0N-00NF0PMING STRUCTURES !AND NON-CONFOE&IIi\G USES 643.01 INTENT Within the districts established by this ordinance (or amendments which may later be adopted), there exist lots, structures, place- ment of structures, uses of land and/or_ structures, and character- istics 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 of uses prohibited elsewhere in the same district. \643.03 NON -CONFORMING LOTS OF RECORD A. N•., In any districtin which single family dwellings are permitted, notwithstanding limitations imposed by other provisions of the ordinance, a one or two family dwelling and customary accessory buildings may be erected, constructed, repaired, enlarged, ..,.. extended rebuilt, reconstructed or structurally altered on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate ownership in the same zoning district. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that maximum lot coverage requirements, building set- back lines and other requirements not involving area or width or both, of the lot shall conform to the regulations for the' district in which such lot is located. (Ord.. 1-78, 21 Feb, 1978). B. If two or more lots or combinations-. of lots and portions of lots with continuous frontage in single ownership in the same zoning district are of record on August 4, 1971, and if all or part of the lots do not meet the requirements for lot width and area as established by this ordinance, the lands involved shall be considered to be an undivided parcel- for the purposes of this ordinance, and no portion of said parcel shall be used` which does not meet lot width and area requirements established, by this ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area, below the require- ments in this ordinance. 1/3 (80A) 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 teens 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 structure or protion thereof may be altered to decrease its non -conformity. B Should such structure be destroyed by any means to an extent of more than 507 of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions, of this ordinance. (81) 643.05 (Cont.) C. Should such structure be waved 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 roved. D. Wnere a lawful dwelling structure, located on a single lot of record, exists at the effective data 'of adoption or amendment of this ordinance that could; not, be build under the terms of this ordinance., such structure may be'repaired, enlarged, extended, rebuilt,.reconstructed, or structurally altered, provided that setback dimensions, maxim rn 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) rrrust 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 l.. T A. Non -Conforming Uses of Land: Iz4arbv�°n d; ct ,-; ter_ _ar the a (A) IN ANY ZONING DISTRICT, AT THE EFFECTIVE DATE OF ADOPTION OR AMENDMENT OF THIS ORDINANCE, WHERE LAWFUL'USE OF LAND EXISTS THAT IS MADE 1r�1 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 2,500, SUCH USE MAY BE CONTINUED, SO LONG nc TT 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. (82) 643.07, (Cont.) 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. B. Non -Conforming Uses of Structures or of Structures and Premises in Combination: structures or of structures IF A LAWFUL USE INVOLVING INDIVIDUAL STRUCTURES OR OF STRUCTURES AND PREMISES IN COMBINATION (WITHA REPLACEMENT COST OF TWO THOUSAND FIVE HUNDRED (2,500) OR MORE PER INDIVIDUAL STRUCTURE),,;EXISTS AT.. 4. 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,, move 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 useshall be, 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 astructure, 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 goveLni:ent 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. Vhere 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 (507) of the replacement cost at time of destruction. (83) 643.07 (Cont.) 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. Asses*ed Valuation of Improvements $1,000.00 . 2., 500.00 5,000:00 10,000.00 25,000.00 50,000.00 Time Allowance Termination - $2,499.00 5 Years - 4,999,00 • 10 Years - . 9,999.00 20 Years - 24,999.00 30 Years - 49 ;,999 ..00 40 Years - Over 50 Years ,JOBILE HOME '_ i_t._. AND SINGLE• -FAMILY MOBILE HOME DISTRICTS, IN EXISTENCE ON.00TOBER 281 1975, PROVIDED THE NUMBER OF SPACES SHALL NOT EXCEED THOSELICENSED 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. 11, ' on ordinary repairs, or. on repair or replacetnerit ot non=bearing ,. F 4) walls, fixtures, ydring or plumbing to an extent not exceeding ten (107) of the current replacement value of the building, provided that the cubic content of the building as it existed at the time of passage i •t e fin_" i\ or amendment of this ordinance shall not be increased; • and i , provided, further, that such repair or replacement shall not affect .„0`�''' .� the "assessed valuation=time allowance before termination" setting • t 'D the time limit. for conformity, set -forth in Section 643.07, B, (i'. 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. . S.UhUCTCIRES AND USES APPROVED BY SPECIAL EXCEPTION A special Exception is not decned 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. (84) 643.13 VARIANCE A variance is a relaxation of the terms of the zoning ordinance where such variance is not contrary to the public interest and where conditions peculiar to a specific property indicate a hardship under the ordinance. Each variance is authorized only for height, area, structure size, setbacks and open spaces. Establishment or uses 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 in an adjoining zoning district. Variance shall be obtained only through action of the Board of Adjustment. 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 valida.ted by the adoption of this ordinance unless it complies with the terms of this ordinance. 645) ADNINISTRATION AND ENFORCEMENT - BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY 645.01 ) ADMINSITRATION AND ENFOR The Building Official, under the supervison of the City Manager or Department Head duly delegated and appointed by the City Manager, shall administer and enforce this ordinance. He may 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 violations, 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. 111t 645.03 BUTT DING PERMITS REQUIRED (B5) A. No building or other structure shall be erected, moved, added to or structurally altered without a permit issued S �4 1 by the Building Official. No building permit shall_ be , issued except in conformity with the provisions of t ' A.}:�• ordinan - and Section 106 of the -SetitLez - Stanc and Build,--, �'l' v Code,except after -written or er ' -rom the Board of 7 Tj stment _ ' ,, .n in the form of an administrative review, Special Exception, Pio, ,d •or Variance as provided'by this, ordinance: . e The,_ -issuance of a permit upon plans and specifications shall not prevent the Building Official front,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 cdedicated and accepted by the City,- .providi g legal access to a public street. . - - APPLICATION FOR BUIIDING PERMIT -a-`Z �••l All applications for building permits for any" structure4 o /2) and its accessory' buildings shall be accuwpanied by rive copies of a. structural dr'awingl::at a. scale acceptable to, the, . Building Official, showing the ow ` o ing : - -a>nd i� • &" s-a )- ? -;, .,,L. A. 1. The actual dimensions and. shape of the lot or. lots to be built upon, including the location and actual boundaries of said lots, of any abutting water courses and water bodies; 2 The exact dimensions and locations on the lot of proposed and existing buildings; 3. The dimensions of the proposed buildings or alteriat1ons 4. The location and layout of the proposed secwe=rage ,system; 5-. The required parking spaces, loading and unloading spaces; Maneuvering space and openings for ingress and egress; 1 litirue: a• 5- a 7 . The Building Official shall transmittbqnplicable cop to the various City Department Beads. ©r�-�f various boards involved, for -"threview � co:rrnent� . A - ei ng_.. The review by the Departments listed in 645.05 B, shall include, but be limited to the following areas:' To insure that the size and spacing of water mains and fire hydrants are adequate; 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 egLess routes;,that the plans provide adequate parking; to insure that the plans comply with the-aStandard Building Code and all' other applicable codes and standards which the City has enacted by ordinance or resolution. (86) 645.05 (Cont.) 6. When applicable, grading and drainage plans showing any and all cuts, fills and provisions for adequately caLiying off surface water on premises plus provisions for any surface water which would naturally flora over or through the area. 7. Such other information as lawfully may be required by the Building Official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the nuiher of families, housekeeping units or rental- units 'the building is. designed to accaarrodate; conditions existing on the lot, and such other matters as way be necessary to determine conformancewith and provide for the enforcement of this ordinance. 0. I i��oly i , 9LU fit• y�r,� �u�_ B. All plans, ,o ff -tom. -�i 1 and t� 1' -a i de e , shall be reviewed by the following departments, based on conformity' with requirements., 1. City Engineer' 2. Building Department 3. b'a Planning and Zoning Board -C1 4. Chief , Fire Department, 5. 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.) 'a•�,v. 2-4t..L� ies not (86) 645.05 (Cont.) 6. When applicable, grading and drainage plans showing any and all cuts, fills and provisions for adequately carrying off surface water on premises, plus provisions for any surface water which would naturally flow over or through the area. 7. Such other information as lawfully may be required by the Building Official, 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. All plans, other than single and two-family r_ esi-fences , . shall. be reviewed by the following departments, based on confoiuiity with requirements. 1. City Engineer 2. Building Department 3. Planning and Zoning Board Chairman 4. Chief, Fire Department 5. 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.) C. The Building Official shall transmit the applicable copies to the various City Department Heads or the Chairman of various boards involved, for their review and comment, within twenty-four (24) hours of filing. The review by the Departments listed in 645.05 B, shall include, but not be limited to the following areas: To insure that the size and spacing of water mains and fire hydrants are adequate; 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; that the plans provide adequate parking; to insure that the plans comply with the Southern Standard Building Code and all other applicable codes and standards which the City has enacted by ordinance or resolution. V/ (87) 645.05 (Cont.) D. The City Engineer shall review the plan to insure that sanitary,` drainage, paving, and grading facilities are adequate, ands other review as,may be requested by the Building Official_ - . E. The Planning and Zoning Board Chairman shall review the plan to see that it is in\conformance with the zoning ordinance. F. The fire Department Chief shall review the plan to assure that adequate fire protection is provided_1 G. Within two (2) weeks from the time said plan is received ' by the various department heads and chaazman o&the- various boards, they shall submit in writing to the_ Building Official,a report stating conditions of compliance to applicable requirements. H. Based upon these reports, the Building Official shall approve, approve subject to conditions, or disapprove the` plans. Upon approval, or approval subject:to conditions,, an appropriate building permit shall be issued.,-' If one or more of the five (5) departments listed in B. above should disapprove a plan, the Building Official - shall not _issue a building permit therefore until all $l conditions` of ; compliance, are met by the applicant. I.. wee-05- copi s of the plan shall be returned to the applicant by the Building Official, after he shall have marked such cops either as approved or -disapproved, and attested same by his signature of such copy. The original -copyof the plan, similarly , . marked, shall be retained by. the Building Official. J. In the event any of the above department heads or board chairmen are not available to review said plans, the acting department head or vice-chairman. shall have the authority to: review'plans in their behalf and submit the required report, or otherwise delegate said authority to review, as he may deem adequate. 645.07 CE I TLFICAI`l, OF OCCUPANCY REQUIRED No land or building or part thereof hereafter erected or altered J -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' - -arr found to be in conformity with the provisions of this ordinance. 645.07 (Cont.) Within three (3) clays after notification that a building or premises:.;. or part thereof, is ready for, - occupancy or use, ;it shall be the duty oftheBuilding 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 ra >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 fo 0ccupancy may be -issued by the Building Official for a period not exceeding six (6) uonths during_ alterations or partial occupancy of a building pending its completion, provided that such temporary Certificate may. require such conditons and safguards as will protect the safety of the' occupants acid the public. (88) cP011t etsse TIMES AID CONDITIO3S OF BUILDING PERMIT . The expiration date of the building permit shall be in accordance with Section 1106.3 of the Standard Building Cole, .as -amended. I__ S -2 —'fir CONSTRUCTION AND USE TO BE AS PROVIDED fl' • APPLICATIONS, PLANS, PERMITS AND CERTIFICATES OF OCCtPA,NCY Building peLi► its! or Certificates of Occupancy issued on the basis of plans, :specifications,,and applications approved by the Building Official authorize the use, arrangement and 'construction. only as described in said plans, specifications and -application's. ,�� Use, arrangement that or -construction at variance with authorized t' ,. shall be deeined a violation of this ordinance_ 'See also Chapter! 6'5.03 �B .4 5,., I,2 CP415 7 eac•!L � pp _ . 645.13 BOARD' OF ADJUSTMENT: ESTABLIIE• T AND PROCEDURE, ; ,- A Board of Adjustment is hereby established,. which shall consist of five (5) members and two (2) alternate members - appointed by the i City Council. Mebers and alternate me nbers. of the Board of Adjustment shall have been residents of the City .. of Cape Canaveral for at least one 1(1) year prior to their , appointment. M nbers of the initial Board of •Adjustment- shall be_ . appointed as follows: - Two (2) members fora term of two (2) years; Three (3) members for a team of three (3) years ; . and two (2); alternate members for a term of two (2) . years. In addition, the Chairman of the Plati.9ing and Zoning Board, or his duly authorized representative, shall 'be an ex-offi_cio member of the Board of Adjustment. (89) 645.15 PROCEEDINGS OF THE BOARD OF ADJUsfl »pr 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 chaiLluan and at such other 'tines 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 following powers and duties. �645.19 ADMINISTRATIVE REVIEW To bear and decide appeals where it is alleged u ere_ is error in any order, requirement, decision or determination made by the Building Official in the enforcement of this ordinG•ice. A. Hearings: Appeals, Notice Appeals to the Board of Adjustment may be taken by the City Council1the Planning and Zoning Board or by any person aggrieved or affected by any decision of 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, or 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 Offical 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. (90) 645.19 (Cont.)(r/(4/41 B. Stay of Proceeding 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. '645.21 SPECIAL EXCEPTIONS: CONDITIONS COVERNING YPT ICATTONS : PROCEDURES To hear and decide only such Special Exceptions ..as the Board of Adjustment is specifically authorized to pass on by the teuuts of this ordinance; to decide such questions as are involved in ' determining whether Special Exceptions should be'granted; and o grant Special -Exceptions with such conditions and safeguards as are appropriate under this ordinance or,otherapplicable 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'vhich. 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. 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. (91) 645.21 (Cont.) D. A courtesy notice may be mailed'ot 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 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.-22- WRIl'i'!N FINDINGS: VIOLATION OF SAFEGUARDS. 23 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 st,-uctures 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 loactions, 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. (92) 645,22 (Cont.) J. Renewal and/or termination dates. fr) K. That the use will be reasonable 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 conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the Special Exception0 is granted, shall be deemed to be a violation of this ordinance and punishable as provided by this ordinance. 645-23' VARIANCES: CONDITIONS GOVERNING APPLICATIONS.:. j 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 thic ordinance shall not be granted by the Board of Adjustment unless and until: A. A written application for a Variance is submitted demonstrating: 1. That special condi_tons 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. (93) � - ly Y 645.23 (Cont.) B. All proposed Variances shall be submitted to the Planning. and ZoningBoard for study and written recommendation -prior to submittal to the Board of Adjustment. The Board of Adjustment shall consider the reconinendation 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 Exceptions. 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 agent or by attorney at F. The Board of Adjustment requirements of A above a Variance. .-nc VZdlll:C. person, or be represented by an the public hearing. shall make findings that the have been met by the applicant for • 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 tances shall the Board of Adj us tr:ent grant a Variance to permit a use not generally or by Special Exception permitted in the district involved, or any use expressly or by implication prohibited by the teens of this ordinance. 1 645 APPLICANTS All hearings for Special Exceptions or Vairances 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 sworno consent; (3) duly_ authorized ag eriIg evidenced:. by a written..poe it of attorney;' (4) City Council;.. (5) Planning and Zoning Board; (6) department or agency of the City,. 645.276 -' DECISIONS OF THE BOARD OF ADJUSTMENT'; At 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 ybolly or partly, or may modify the order, requirement,. decision or deter-_. urination appealed. from anmay 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 _ ?mom 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 thi:' ordinance, or to effect any variation in the application of this ordinance. 645.28' RECONSIDERATION OF ADMINISTRATIVE REVIEW, SPECIAL 3 1. 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 tne sane or substantially similar foLul shall not be reconsidered by the. Board of Adjustment 'for a period of two (2) years. This restriction sha1l not apply to the property owner if the original request was initiated by any official, department, board or agency of the City acting in an official capacity,. or shall not apply to any petition initiated by the City_ - Council. • 645.29' APPEALS FROM THE BOARD OF ADJUSTMENT 33 Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the governing -body 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 gounds.. of the illegality in the manner and within the time provided by the Florida Appellate rules. (95) 33 645.21 ZONING ORDINANCE INrTERPRETATION 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 ordinnce_ 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. 645.33 3 7 SC:FIMULE OF FEES, CHARGES AND EXPENSES The following fees and charge connection witYmatters. pertinent to zoning petitions, zoning ordinance amendlen , special exceptions, variances and appeals ilre established:, rV , Application for Rezoning Proposed A:nendrmt/s to Zoning Ordinance 1 Application for a Special Exception or Variance 10 .00 7),�,�"�i Appeal of Administrative Decision 1 0.00 No permit or certificate shall be issued and no inspection, public notice or other action relative to zoning, zoning ordinance amendments, petitions for changes in zoning districts, or appeals, shall be instituted untilafter such fees, costs and charges have been paid, except in those cases wherein fees are waived as specified in this section. When in accordance with the provisions of this section, a fee is paid and application is filed, there shall be no returri or rebate of any funds so received, regardless of the City"s determination in the matter involved. A11 fees, costs and charges, upon collection, shall be deposited . in the General Fund of the City. Fees for Zoning Ordinance Amendment/s or Appeal of Administrative Decision/s shall be waived, provided: 1. The petition for amendment or appeal is sponsored_ by a majority of the City Council or the Planning and Zoning Board. (95) 645.31 ZONING ORDINANCE. INT RPRETATION 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 ordiance. •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. 645.33 SCHEDULE OF FEES, CHARGES AND EXPENSES The following fees and charges in connection with matters pertinent to zoning petitions, zoning ordinance amendments, special exceptions, variances and appcals are established: Application for Rezoning $100.00 Proposed Amendment's to Zoning Ordinance ..• 100.00 Application for a Special Exception. or Variance 100.00 Appeal of Administrative Decision 100.00 No permit or certificate shall be issued and no inspection,. public notice or other action relative to zoning, zoning ordinance amendments, petitions for changes in zoning districts, or appeals, shall be instituted until after such fees, costs aid charges have been paid, except in those cases wherein fees are waived as specified in this section. When in accordance with the provisions of this section, a fee_is paid and application is filed, there shall be no return or rebate of any funds so received, regardless of the City's determination in the matter involved. All fees, costs and charges, upon collection, shall be deposited in the General Fund of the City. Fees for Zoning Ordinance Amendment/s or Appeal of Administrative Decision/s shall be waived, provided: 1. The petition for amendment or appeal is sponsored by a majority of the City Council or the Planning and Zoning Board. (96) s-11 645 . 33 (Cont. ) Compliance with the above render 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 construct-. ion in the City of Cape Canaveral, Florida are reviewed 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. 645.35 PROVISION OF ORDINANCES DECLARED TO BE laNTHIM REQUIRaMNTS 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. ,(Ord-,--No-.—L7---7-63--See-.----17----2-1--Sep:--1976)7 645.3F COHPLAINTS REGARDING VIOLATIONS Whenever a -violation of this ordinance occurs, or is alleged to have occurred, any person may file a compla_ir. it. Such coliplaint stating fully the causes and basis thereof shall be filed with the Building Official. . He shall record properly such corrplaint, immediately invest- igate and take action thereon as provided by this ordinance. • . • • .. . • • • 645.39PaArla'th,S FOR VIOLATION evc3-' Any person, firm or corporation who violates, disobeys, anits, neglects or refuses to comply Nvith, or who resists the enforcement of any of the provisions of this ordinance, shall be fined. -(5k2)ie-l-=1--aEes-or.shall be irnprisoned or,botlaT at the discretion of the-14e2`-'caggidA Court. Each day that a violation is permitted to exist after notice shall constitute a separate offense. 645 fa" SEPARABILITY CLAUSE 1/3 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. . (96) 645.33 (Cont.) Compliance with the above render 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 construct- ion in the City of Cape Canaveral, Florida are reviewed 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. 645.35 PROVISION OF ORDINANCES DECLARED TO BE MLlIMUM REQUIREtiiANTS 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. (Ord. No. 17-76, Sec. 1, 21 Sep. 1976)., 645.37 COMPLAINTS REGARDING VIOLATIONS Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Building Official. Be shall record properly such complaint, immediately invest- igate and take action thereon as provided by. this ordinance. - 645.39 PENALT1PS 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 fined not more than five hundred (500) dollars or shall be imprisoned for not more than thirty (30) days or both, at the discretion of the Municipal Court. Each day that.a violation is permitted to exist after notice shall constitute a separate offense. 645,41 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. (97) 647 Al'IENIlms 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 to 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) anydepartment or agency of the City; (4) any individual, corporation or agency. B. All proposed arnenchilents 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 the change. 2. Wizen pertaining to the rezoning of land, the. - effect of the change, if any,- on.the particular property and on surrounding properties. 3. Wizen pertaining tothe'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) clays following its official action on the request. City Council may extend this time limit for good cause. (98) 647,01 (Cont.) 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 concerning 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 of the, City of Cape Canaveral, and notice shall be posted' at City Hall. E. 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. F. When any proposed change of a zoning district boundary lies w thin 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 classifiaction of a single parcel or a group of hot nore•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 (O1 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 witp the City Clerk certifying that said Council has compli nee with the . ' provisions of this section.'. The filing of said affidavit shall be prima facie proof of compliance with the reyuirementt of this section. A failure to give notice shall not affect the validity of zoning except as to the property of the complaining owner. 1 647,0 (99) • No proposal for zoning change or amendment affecting particular property or properties shall contain conditions, limiatation.5 or requirements not applicable to all other property in the district to which the partictilar 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 shAicsuch. restriction apply to the City Council, the Plannine6pir) -, Zoning Board, or any department or agency of the City. -- 4 Pf 7 (I ----- - 647.07) INCORPORATION OF ZONING ORDINANCE IN A CODE PROVIDED hisrdirance may 1-_e incorporated in a Code of the City of Cape Canaveral 17-i.th siirh changes in subdivision heading and identification as Lhe codifier deems appropriate, and without the notice procedures usually required for zoning ordinance changes. However, in no case shall the substance of• a zoning requirement be changed. . foyOZAA, Stge 0,0L/L -,1.-- tI I • ot\L,,tv_y„,__e_ akale" ,62,6 n j),,,,,,,,.a, 0--,e- siirt/A--(4 fry„„N,JA CC 19 vO, ( kricr6 ,0 9) 647.03 LIMITATIONS No proposal for zoning change or amendme affecting particular. 2 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 pro- posed 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. 647.07 INCORPORATION OF ZONING ORDINANCE IN A CODE PROVIDED a. This ordinance may be incorporated in the Code of the City of Cape Canaveral with such changes in subdivision heading and ident- ification as the codifier deems appropriate, and without the notice procedures usually required for zoning ordinance changes. However, in no case shall the substance of a zoning requirement be changed. 11 portions of the code in conflict herewith are hereby repealed. This ordinance shall become effective immediately upon its adop-' tion;Adopted by the City Council of the City of Cape Canaveral, Florida, this day of , 19 11/4 9 P hrt City Clerk Attorney