HomeMy WebLinkAboutcocc_p&z_agenda_pkt_20240626CAPE CANAVERAL PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
June 26, 2024
6:00 P.M.
CALL TO ORDER
ROLL CALL
PUBLIC PARTICIPATION Member of the public may provide comments to the Planning &
Zoning Board/Local Planning Agency (PZB) regarding matters not on the agenda provided that
the comments are relevant to the legal responsibilities delegated to the PZB by the City Code and
law, and not related to pending quasi-judicial matters which will be heard at a subsequent PZB
meeting. Public comments related to public hearing Agenda Items will occur during the public
hearing. The PZB is not required to take public comments on emergency or ministerial items (e.g.,
approval of agenda, minutes, informational items). Members of the public will limit their
comments to three (3) minutes. The PZB will not take any action under the "Public Participation"
section of the agenda. However, if appropriate at the discretion of the PZB, the PZB may schedule
matters commented upon during public participation at a future PZB meeting.
OLD BUSINESS
NEW BUSINESS
1. Approval of Meeting Minutes — May 29, 2024
2. Consideration of Ordinance No. 17-2024 to amend the City's Buildings and Building
Regulations to adopt a local administrative amendment to the Florida Building Code
to add a new City Code Section 82-149 requiring a building permit for roof coatings
regulated under the Florida Building Code; providing for the repeal of prior
inconsistent Ordinances and Resolutions, incorporation into the Code, severability
and an effective date.
3. Consideration of Ordinance No. 18-2024 to amend Section 110-196 of the City
Code regarding nonconforming lots of record and single-family dwellings and
duplexes; providing for the repeal of prior inconsistent Ordinances and Resolutions,
incorporation into the Code, severability and an effective date.
REPORTS AND OPEN DISCUSSION
ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the
public that: If a person decides to appeal any decision made by the PZB with respect to any matter
considered at this meeting, that person will need a record of the proceedings, and for such
purpose that person may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based. This notice
does not constitute consent by the City for the introduction or admission into evidence of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not
otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested
PZB Agenda — June 26, 2024
Page 2 of 2
parties may attend this Public Meeting. The facility is accessible to the physically handicapped.
Persons with disabilities needing assistance to participate in the proceedings should contact the
City Clerk's office [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting.
CAPE CANAVERAL PLANNING & ZONING BOARD/LOCAL PLANNING AGENCY
City Hall Council Chambers
100 Polk Avenue, Cape Canaveral, Florida 32920
May 29, 2024
6:00 p.m.
MINUTES
CALL TO ORDER: A meeting of the Planning & Zoning Board (PZB) took place on May 29, 2024
at City Hall Council Chambers, 100 Polk Avenue, Cape Canaveral, Florida. Chairman Russell called
the meeting to order at 6:00 PM. The Board Secretary called the roll.
ROLL CALL:
MEMBERS PRESENT:
Lamar Russell Chairman
John Price Vice Chairman
Susan Denny Board Member
Nancy Gentilquore Board Member
Dr. Michael Miller Board Member
Daniel Sharpe Board Member
Steven Stroud Board Member
OTHERS PRESENT:
David Dickey
Kyle Harris
Anthony Garganese
Renee Yother
Director, Community and Economic Development
Senior Planner
City Attorney
BCSO
Board Secretary
PUBLIC PARTICIPATION: Adam Marrara, resident/ owner of 212 Adams Ave. His property is
non -conforming and he is wanting to improve it by adding a second story. He discussed City
Zoning and Code which inhibit expansion to his property, Florida property owner rights and
retrofitting. He suggested the Board make recommendations to the City Council to provide
relief in the form of either a rubber stamp variance for non -conforming property owners that are
primary residents or to add language to the Code similar to the City of Miami which allows
expansion of non -conforming properties as long as the non -conforming features are not
expanded. Discussion ensued of researching non -conforming lots of record, a legislative act to
all owners to add a second story to the non -conforming property, non -conforming structures,
setbacks and improving low impact areas. Attorney Garganese informed that the relief would be
special legislation to allow expansion. Art Berger discussed local municipalities' policy for non -
conformities.
OLD BUSINESS: None
Planning & Zoning Board
Meeting Minutes — May 29, 2024
Page 2 of 3
NEW BUSINESS:
1. Approval of Meeting Minutes - February 28, 2024. Motion to approve the minutes
as written made by Vice Chairman Price and seconded by Board Member Miller,
vote carried unanimously.
2. Continue discussion of allowing an exception to the current height requirements for
certain rooftop uses and provide Staff direction on a future Code revision, if needed.
Chairman Russell informed the Board that a decision is not required tonight, more
research and information is needed on this topic. Senior Planner Harris recapped the
February 28, 2024 meeting with a brief presentation depicting roof top uses and live -
work use. Discussion ensued which included active rooftop uses, height limitations,
public access and access control, engineering challenges and food service. Staff will
provide a draft on how and what will be approved. Discussion ensued about Code
revisions, rooftop height, elevator equipment, permitted by right or permitted as an
accessory use, access by the public, rooftop amenities, rooftop limitations and
rooftop enclosures.
3. Continue discussion on live -work land development regulations and provide Staff
direction on a future Code revision, if needed. Mr. Harris referred to his slide
presentation on Live -Work Land Development Regulations. Discussion ensued
focusing on defining what live -work units are in respect to Cape Canaveral,
commercial and residential codes compliance and distinction between live -work and
mixed -use, new construction and existing. Chairman Russell asked Arthur (Art)
Berger, resident and business owner, to speak on this topic. Mr. Berger discussed
commercial zoning and small businesses in and out of the overlay district. Staff will
provide definitions of live -work unit for the Board. Chairman Russell invited Anthony
Graziano to the podium. Mr. Graziano, property owner of 7900 N. Atlantic Ave.,
requested for the Board to designate the vacant unit attached to his building to be in
Code compliance and recognized as an apartment in order for it to be insured. Staff
will discuss with Mr. Graziano the properties within the City that have had units
recognized as an apartment and the procedure on how to have his vacant unit
recognized as an apartment.
REPORTS AND OPEN DISCUSSION: Jon Rohweder with Kaizen Companies, developer of the
Hyatt Place located at 9119 Astronaut Blvd, Cape Canaveral. He briefed the Board on what the
design intent is for the rooftop of this building. JB McKibbon with McKibbon Hospitality,
developer of the Hilton Garden Inn. He briefed the Board on their intentions of having a rooftop
viewing platform as an amenity. Art Berger discussed renovations to the Thai Thai restaurant,
which can include an upstairs observation restaurant and bar. He discussed his (5) five-year plan.
Chairman Russell discussed the possible closure of Cape View Elementary School due to
Airbnb's causing low enrollment for the school. Board Member Gentilquore discussed the
Planning & Zoning Board
Meeting Minutes — May 29, 2024
Page 3 of 3
database for tracking Airbnb registrations. Staff will provide the Board information on how to
access the number of registrations taking place in the City.
1. Check -in on items from March 27, 2024joint workshop on green stormwater
infrastructure and low impact development codes. Mr. Harris reminded the Board
that East Coast Florida Regional Planning Council spoke at the March 27, 2024
meeting about green storm water infrastructure and low impact development.
Discussions at the meeting included Florida's development policy, Cape Canaveral's
development and policies, elevating new developments using structural elements,
impervious materials, parking requirements, regulations versus incentives and the
need to expedite these looming items. He updated the Board on status of projects
since the meeting. Discussion ensued regarding flooding, regular maintenance on
lift stations and sealing doors.
ADJOURNMENT: There being no further business, Chairman Russell motioned to adjourn and
seconded by Board Member Denny, vote carried unanimously. The meeting adjourned at 8:48
p.m.
Approved on this day of , 2024.
Lamar Russell, Chairman
Renee Yother, Board Secretary
PLANNING AND ZONING BOARD MEETING
JUNE 26, 2024 MEETING • ITEM # 2
Subject: Consideration of Ordinance No. 17-2024 to amend the City's Buildings and Building
Regulations to adopt a local administrative amendment to the Florida Building Code to add a new
City Code Section 82-149 requiring a building permit for roof coatings regulated under the Florida
Building Code; providing for the repeal of prior inconsistent Ordinances and Resolutions,
incorporation into the Code, severability and an effective date.
Background: At its May 21, 2024 Regular City Council meeting, Councilmember Kay Jackson
presented a discussion item regarding the permitting process for roof coatings. The changes to the
City Code would require a building permit for roof coatings regulated under the Florida Building
Code (FBC). The proper installation of a roof coating may extend the life of an existing roof covering,
which can help property owners with acquiring property insurance coverage. While requiring a
building permit for a roof coating is a more stringent permitting requirement than the current
minimum administrative requirements under the Florida Building Code (FBC), requiring a building
permit for roof coatings may be beneficial to property owners who are attempting to document
proper installation of roof coatings for purposes of obtaining property insurance coverage.
Although the FBC does address technical requirements for roof coatings, it does not currently
require a building permit and inspection when a property owner installs a roof coating over a roof
covering. This change to the Code is permitted under Section 553.73(4)(a), Florida Statutes (Florida
Building Code), which authorizes a City to adopt local administrative amendments to the FBC.
In response to Councilmember Jackson's discussion item, Ordinance No. 17-2024 (Attachment 1)
was drafted to adopt a local administrative amendment to the Florida Building Code (FBC) to add
a new City Code Section 82-149, which requires a building permit for roof coatings regulated under
the FBC. A permit is required only to the application of a roof coating on an existing roof covering,
although application of a roof coating on a new roof covering is permissible under the permit issued
for the new roof covering.
The new language (in underline font) that this Ordinance adds to City Code is:
Sec. 82-149 Technical Amendment to Florida Building Code — Building Permit Required for
Roof Coatings
A building permit shall be required under this chapter for the installation and application of a roof
coating regulated under Section 1509 and any other applicable provisions of the Florida Building
Code, except in instances when the coating is not represented to protect, repair, waterproof, stop
leaks, or extend the life of the roof.
The City Attorney and Staff recommend the Planning and Zoning (Board) recommend to the City
Council approval of Ordinance No. 17-2024 with any other amendments the Board believes may
be appropriate to address the concerns expressed by Council, if any.
City of Cape Canaveral P&Z Board
Regular Meeting • June 26, 2024
Agenda Item # 2
Page 2 of 2
Prepared by: Kyle Harris
Attachment:
1. Ordinance No. 17-2024
City Attorney and Community and Economic Development Staff recommend the Board take
the following action: Recommend approval of Ordinance No. 17-2024 to amend the City's
Buildings and Building Regulations to adopt a local administrative amendment to the Florida
Building Code to add a new City Code Section 82-149 requiring a building permit for roof
coatings regulated under the Florida Building Code; providing for the repeal of prior inconsistent
Ordinances and Resolutions, incorporation into the Code, severability and an effective date.
Approved by Director:
David Dickey Date: 6/19/2024
1 ORDINANCE NO. 17-2024
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
4 BREVARD COUNTY, FLORIDA; AMENDING THE CITY'S BUILDINGS AND
5 BUILDING REGULATIONS TO ADOPT A LOCAL ADMINISTRATIVE
6 AMENDMENT TO THE FLORIDA BUILDING CODE TO ADD A NEW CITY
7 CODE SECTION 82-149 REQUIRING A BUILDING PERMIT FOR ROOF
8 COATINGS REGULATED UNDER THE FLORIDA BUILDING CODE;
9 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
10 AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY;
11 AND AN EFFECTIVE DATE.
12
13 WHEREAS, the City is granted authority under Section 2(b), Article VIII, of the State
14 Constitution to exercise any power for municipal purposes, except when expressly prohibited by
15 law, and
16
17 WHEREAS, Section 553.73(4)(a), Florida Statutes (Florida Building Code) authorizes the
18 City to adopt local administrative amendments to the Florida Building Code; and
19
20 WHEREAS, although Section 1509 of the Florida Building Code addresses technical
21 requirements for roof coatings, the Florida Building Code does not currently require a building
22 permit and inspection when a property owner installs a roof coating over a roof covering; and
23
24 WHEREAS, the City Council finds that in some cases the proper installation of a roof
25 coating may extend the life of an existing roof covering and such extension may help property
26 owners with acquiring property insurance coverage; and
27
28 WHEREAS, requiring a building permit for a roof coating is a more stringent permitting
29 requirement than the current minimum administrative requirements under the Florida Building
30 Code; however, the City Council finds that requiring a building permit for roof coatings may be
31 beneficial to property owners who are attempting to document proper installation of roof
32 coatings for purposes of obtaining property insurance coverage; and
33
34 WHEREAS, the City Council finds that this Ordinance is a local administrative amendment
35 to the Florida Building Code and it is not intended to be, nor should it be construed as, a local
36 technical amendment to the Florida Building Code because this Ordinance does not modify
37 materials and construction techniques and processes required by the Florida Building Code; and
38
39 WHEREAS, the City Council also recognizes that a "Roofing contractor" is defined under
40 Section 489.105(3)(e), Florida Statutes to mean a contractor whose services are unlimited in the
41 roofing trade and who has the experience, knowledge, and skill to install, maintain, repair, alter,
42 extend, or design, if not prohibited by law, and use materials and items used in the installation,
43 maintenance, extension, and alteration of all kinds of roofing, waterproofing, and coating, except
City of Cape Canaveral
Ordinance No. 17-2024
Page 1 of 4
1 when coating is not represented to protect, repair, waterproof, stop leaks, or extend the life of the
2 roof. The scope of work of a roofing contractor also includes skylights and any related work,
3 required roof -deck attachments, and any repair or replacement of wood roof sheathing or fascia
4 as needed during roof repair or replacement and any related work; and
5
6 WHEREAS, the City Council recognizes that the building department will be required to
7 issue building permits in furtherance of this ordinance only to appropriately licensed contractors
8 that are authorized to perform roofing in the State of Florida pursuant to Chapter 489, Florida
9 Statutes; and
10
11 WHEREAS, the City Council deems the adoption of this Ordinance is in the best interests
12 of the public health, safety and welfare of the citizens of Cape Canaveral.
13
14 NOW, THEREFORE, BE IT DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF
15 CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS:
16
17 Section 1. Recitals. The foregoing recitals are hereby deemed true and correct and are
18 hereby fully incorporated herein by this reference as a material part of this Ordinance.
19
20 Section 2. Adopting a New Section 82-149 of the City Code. The City Council of the City
21 of Cape Canaveral hereby adopts the following amendments to Chapter 82, Article VI of the Cape
22 Canaveral Code of Ordinances, (underlined type indicates additions to and strikethrough type
23 indicates deletions from the existing text in Chapter 82, while *** indicate deletions from this
24 Ordinance of said Chapter 82 Buildings and Building Regulations that shall remain unchanged in
25 the City Code):
26
27 CHAPTER 82 BUILDINGS AND BUILDING REGULATIONS
28
29 ***
30
31 ARTICLE VI. Local Amendments to Florida Building Code, Building
32
33 ***
34 Sec. 82-149 Technical Amendment to Florida Building Code — Building Permit Required for
35 Roof Coatings
36
37 A building permit shall be required under this chapter for the installation and application of a roof
38 coating regulated under Section 1509 and any other applicable provisions of the Florida Building
39 Code, except in instances when the coating is not represented to protect, repair, waterproof, stop
40 leaks, or extend the life of the roof.
41
42 Secs. 82 1.49 82-150 — 82-170 Reserved.
43
City of Cape Canaveral
Ordinance No. 17-2024
Page 2 of 4
1
***
2 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
3 ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
4 resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
5
6 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
7 Canaveral City Code and any section or paragraph, number or letter, and any heading may be
8 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
9 like errors may be corrected and additions, alterations, and omissions, not affecting the
10 construction or meaning of this ordinance and the City Code may be freely made.
11
12 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion
13 of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
14 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
15 holding shall not affect the validity of the remaining portions of this Ordinance.
16
17 Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
18 by the City Council of the City of Cape Canaveral, Florida.
19
20 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida,
21 assembled this day of , 2024.
22
23
24
25
26
27 Wes Morrison, Mayor
28
29
30 ATTEST: Name FOR AGAINST
31
32 Kim Davis
33
34 Mia Goforth, CMC, Mickie Kellum
35 City Clerk
36 Kay Jackson
37
38 Wes Morrison
39
40 Don Willis
41
42
43
City of Cape Canaveral
Ordinance No. 17-2024
Page 3 of 4
1
2 Approved as to legal form and sufficiency
3 For the City of Cape Canaveral only by:
4
5
6
7 Anthony A. Garganese, City Attorney
8
9
10 First Reading:
11 Advertisement:
12 Final Reading:
City of Cape Canaveral
Ordinance No. 17-2024
Page 4of4
PLANNING AND ZONING BOARD MEETING
JUNE 26, 2024 MEETING • ITEM # 3
Subject: Consideration of Ordinance No. 18-2024 to amend Section 110-196 of the City Code
regarding nonconforming lots of record and single-family dwellings and duplexes; providing for
the repeal of prior inconsistent Ordinances and Resolutions, incorporation into the Code,
severability and an effective date.
Background: On October 17, 2023, Councilmember Don Willis presented a discussion item to the
City Council regarding consideration of an ordinance pertaining to challenges posed by
nonconforming lots. It was stated that over the years, many residential lots were developed on
divided parcels that were not approved by the City in accordance with the City's subdivision
regulations, and that many divided and reconfigured parcels had been developed inconsistent with
the current underlying plat. In addition, a cursory review of the original 1923 Avon -By -Sea plat
(largely, the Presidential Streets" area) established most, if not all lots, with a width of 50 feet. By
today's standard of a minimum lot width requirement of 75 feet, the 50 foot lots are undersized,
nonconforming lots of record.
In his Agenda Item, Councilman Willis expressed concern about these nonconformities and future
property rights of owners, and that it may be impractical to address the potential zoning and permit
issues these property owners may face in the future on a case -by -case basis. The City Council
reached consensus to request that the City Attorney review this matter and work with staff to
propose an ordinance to address these concerns and afford citizens and their homes better
protection if feasible.
After evaluating the issues discussed by the City Council, Ordinance No. 18-2024 was prepared and
is now being presented by the City Attorney and Staff to the Planning and Zoning Board (Board)
for review, comment and recommendation before presenting the same to the City Council for
consideration.
Applicable Provision of Comprehensive Plan: Policy H-1.9.3 of the Cape Canaveral
Comprehensive Plan provides that the City shall promote single-family and other low density
housing types to balance the many high -density residential developments in the community.
Summary: The proposed Ordinance promotes maintaining existing single-family dwellings and
duplexes, as well as preserving existing low density residential neighborhoods by addressing
permitting challenges that some residential parcel owners have faced over the years, or potentially
will face, regarding single-family homes and duplexes that were constructed on parcels of land that
were not approved by the City in accordance with the City's subdivision regulations. Generally, the
proposed ordinance attempts to address many of these challenges by amending section 110-196,
City Code, which already affords some protections for single-family dwellings and duplexes on
existing nonconforming lots -of -record that were previously approved by the City. The proposed
amendment also recognizes parcels of land with existing single-family homes and duplexes as
developable "lots of record" even though the parcels were not approved by the City. In addition,
the amendment allows an owner of an existing single-family home to construct a second story or
addition of habitable space on a lot of record under limited specified conditions even though such
City of Cape Canaveral P&Z Board
Regular Meeting • June 26, 2024
Agenda Item #3
Page 2 of 4
lot fails to meet the requirements for area, width, and/or depth for the applicable zoning district or
the existing single-family home is a nonconforming structure.
Meaning of the term "Lot of Record": Section 110-191(d)(3) of the City Code defines the term
"lot of record" to mean a lot which is part of a subdivision recorded in the official record books of
Brevard County, Florida, or a parcel of land described by metes and bounds legal description, the
description of which has been recorded in the official record books of Brevard County, Florida, and
complies with the subdivision of land regulations of the city. Because lots of record are those lots
approved by the City, the City recognizes them as potentially developable through the development
permit process.
Challenges: The City has several old platted residential areas primarily east of U.S. A1A including,
but not limited to, Avon -By -The -Sea and Cape Canaveral Beach Gardens Unit 2. Over the span of
decades, several of the old platted lots, which were originally approved by the City and are
considered lots -of -record, were divided, and sometimes combined with parts of other divided lots,
without complying and obtaining City approval in accordance with the City's subdivision
regulations. Although the tax collector typically recognizes these divided or combined lots for tax
purposes, these unapproved divisions of land are not recognized as lots of record by the City for
development permit purposes. Notwithstanding, many of these unapproved parcels of land were
issued a certificate of occupancy by the City for a single-family home or duplex. Some of these
parcels may also have nonconforming characteristics under the current City Code as well because
of the size of the parcel or placement of the structure. The unapproved and nonconforming status
of these parcels of land pose many challenges for the City and owner of the single-family home or
duplex especially regarding the appropriateness of issuing future permits for the parcels in the
event the single-family home or duplex is destroyed or the owner desires to expand or modify the
habitable space of the structure.
Furthermore, some of the old, platted lots such as the 50 ft lots in Avon -By -The -Sea are already
considered lots of record under the City Code and afforded some important protections under
Section 110-196, City Code, which provides that single-family dwellings or duplex, and customary
accessory buildings may be erected, expanded, or altered on any single lot of record,
notwithstanding that such lot fails to meet the requirements for area, width, and/or depth for the
applicable zoning district provided it meets the other requirements in the City's land development
regulations. Nevertheless, the amendments proposed in Ordinance No. 18-2024 provide additional
rights to nonconforming lots of record.
Summary of proposed amendments to Section 110-196, City Code: To address these
challenges, and protect parcels already developed with a single-family dwelling or duplex, the
Ordinance proposes amendments to Section 110-196. Section 110-196 currently provides that:
In any zoning district in which single-family dwellings or duplexes are permitted, a single-
family dwelling or duplex, and customary accessory buildings may be erected, expanded, or
altered on any single lot of record, notwithstanding that such lot fails to meet the requirements
for area, width, and/or depth for the applicable zoning district. This provision shall only apply
City of Cape Canaveral P&Z Board
Regular Meeting • June 26, 2024
Agenda Item #3
Page 3 of 4
where yard dimensions and setback requirements other than area, width, and/or depth
conform in all other respects with the land development regulations for the applicable zoning
district.
The following amendments are being proposed to Section 110-196 as set forth in Ordinance No.
18-2024:
1. Most importantly, the amendment provides that on any parcel of land that does not
constitute a lot of record, but upon which an existing single-family dwelling or duplex was
issued a certificate of occupancy by the City, said parcel of land shall be deemed a single lot
of record approved by the City in compliance with the Code. As such, the existing single-
family dwelling or duplex can be maintained, altered, expanded or reconstructed on said lot
of record in accordance with the applicable provisions of the Code.
2. The amendment clarifies the phrase "yard dimensions" under this section means: (i)
minimum lot coverage; (ii) minimum living area; and (iii) maximum height. These
requirements are provided in each residential zoning district.
3. The amendment provides existing one-story single-family dwellings may be expanded and
altered to add a second story or ground floor addition of habitable space either in
conformance with the yard dimensions (minimum lot coverage, minimum living area and
maximum height) and setback requirements for the applicable zoning district; or add a
second story of habitable space within the existing building footprint of the existing
dwelling, notwithstanding the existing dwelling footprint does not conform to the minimum
lot coverage, minimum living area and setback requirements.
4. The amendment provides a statement of intent for this Section which generally provides: (i)
preserving existing low density residential neighborhoods by allowing certain single-family
dwellings or duplexes to be erected, expanded, or altered on parcels of land that would not
otherwise be considered developable lots of record or conforming under this article; and (ii)
allowing existing single-family home owners to add a second story or ground floor addition
of habitable space on such parcels in conformance with the Code; or add a second story
within the existing building footprint of the existing dwelling.
The City Attorney and Staff recommend that the Board recommend to the City Council approval of
Ordinance No. 18-2024 with any other amendments the Board believes may be appropriate to
address the concerns expressed by Council, if any.
Prepared by: Kyle Harris
Attachment:
1. Ordinance No. 18-2024
City Attorney and Community and Economic Development Staff recommend the Board take
the following action: Recommend approval of Ordinance No. 18-2024 to amend Section 110-196
of the City Code regarding nonconforming lots of record and single-family dwellings and duplexes;
City of Cape Canaveral P&Z Board
Regular Meeting • June 26, 2024
Agenda Item #3
Page 4 of 4
providing for the repeal of prior inconsistent Ordinances and Resolutions, incorporation into the
Code, severability and an effective date.
Approved by Director:
David Dickey Date: 6/19/2024
1 ORDINANCE NO. 18-2024
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING SECTION 110-196 OF THE CITY
5 CODE REGARDING NONCONFORMING LOTS OF RECORD AND
6 SINGLE-FAMILY DWELLINGS AND DUPLEXES; PROVIDING FOR THE
7 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
8 RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY
9 AND AN EFFECTIVE DATE.
10
11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
12 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
13 law; and
14
15 WHEREAS, Policy H-1.9.3 of the Cape Canaveral Comprehensive Plan provides that the
16 City shall promote single -family and other low density housing types to balance the many high-
17 density residential developments in the community; and
18
19 WHEREAS, section 110-191(d)(3) of the City Code defines the term "lot of record" to mean
20 a lot which is part of a subdivision recorded in the official record books of Brevard County, Florida,
21 or a parcel of land described by metes and bounds legal description, the description of which has
22 been recorded in the official record books of Brevard County, Florida, and complies with the
23 subdivision of land regulations of the city; and
24
25 WHEREAS, section 110-196 currently allows in any zoning district in which single-family
26 dwellings or duplexes are permitted, the erection, expansion, or alteration of a single-family
27 dwelling or duplex on any single lot of record, notwithstanding that such lot fails to meet the
28 requirements for area, width, and/or depth for the applicable zoning district; and
29
30 WHEREAS, the City Council finds that over the course of several decades, there are
31 numerous instances within the City where a certificate of occupancy was issued by the City for an
32 existing single-family dwelling or duplex on a parcel of land that did not comply with the
33 subdivision of land regulations of the City; and
34
35 WHEREAS, in furtherance of promoting and maintaining such existing single-family
36 dwellings and duplexes, as well as preserving existing low density residential neighborhoods, the
37 City Council finds that it is in the best interests of the citizens, especially the owners of the
38 aforesaid parcels, to hereby recognize said parcels as a lot of record in compliance with the Code
39 so the existing single-family dwellings and duplexes can be maintained, altered, expanded or
40 reconstructed in accordance with other applicable requirements in the City Code; and
41
42 WHEREAS, the City Council recognizes that nonconforming zoning regulations generally
City of Cape Canaveral
Ordinance No. 18-2024
Page 1 of 4
1 favor the elimination of nonconforming structures, but allow nonconforming structures to
2 continue in their present form, provided such structures are not enlarged, expanded, increased,
3 or extended so they are eventually discontinued and replaced with conforming structures over
4 time; and
5
6 WHEREAS, the City Council nevertheless finds that for purposes of promoting and
7 maintaining existing single-family neighborhoods within the City, it is in the best interests of the
8 City to amend and ease the City's nonconforming regulations to allow existing nonconforming
9 single-family structures to be modified to add a second story or ground floor addition of habitable
10 space either in compliance with the yard dimensions (minimum lot coverage, minimum living area
11 and maximum height) and setback requirements for the applicable zoning district; or add a second
12 story of habitable space within the existing building footprint of the existing dwelling,
13 notwithstanding the existing dwelling footprint does not conform to the minimum lot coverage,
14 minimum living area and setback requirements; and
15
16 WHEREAS, this Ordinance was reviewed and recommended by the City's Planning and
17 Zoning Board at a duly held public meeting; and
18
19 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
20 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
21 Cape Canaveral.
22
23 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
24 ORDAINS, AS FOLLOWS:
25 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
26 this reference as legislative findings and the intent and purpose of the City Council of the City of
27 Cape Canaveral.
28
29 Section 2. Amending Section 110-196 of the City Code. The City of Cape Canaveral
30 Code of Ordinances, Chapter 110 - Zoning, Article V — Nonconformities, Section 110-196 is hereby
31 amended as set forth below (underlined type indicates additions and strikeout type indicates
32 deletions, while *** indicate deletions from this Ordinance of said Chapter 110 — Zoning which
33 shall remain unchanged in the City Code):
34
35 CHAPTER 110 - ZONING
36
37
38 ARTICLE V. — NONCONFORMITIES
39
40
41
***
City of Cape Canaveral
Ordinance No. 18-2024
Page 2 of 4
1 Sec. 110-196. Nonconforming lots of record - Single -Family Dwellings and Duplexes.
2
3 LI In any zoning district in which single-family dwellings or duplexes are permitted, a single-
4 family dwelling or duplex, and customary accessory buildings may be erected, expanded, or
5 altered on any single lot of record, notwithstanding that such lot fails to meet the requirements
6 for area, width, and/or depth for the applicable zoning district. For new single-family dwellings
7 and duplexes, 4this provision shall only apply where yard dimensions (minimum lot coverage,
8 minimum living area and maximum height) and setback requirements othcr than arca, width,
9 and/or depth conform in all other respects with the land development regulations for the
10 applicable zoning district. Existing one-story single-family dwellings may be expanded and altered
11 to add a second story or ground floor addition of habitable space in conformance with the yard
12 dimensions (minimum lot coverage, minimum living area and maximum height) and setback
13 requirements for the applicable zoning district; or add a second story of habitable space within
14 the existing building footprint of the existing dwelling, notwithstanding the existing dwelling
15 footprint does not conform to the minimum lot coverage, minimum living area and setback
16 requirements.
17
18 (b) On any parcel of land that does not constitute a lot of record, but upon which an existing
19 single-family dwelling or duplex was issued a certificate of occupancy by the City, said parcel of
20 land shall hereby be deemed a single lot of record approved by the City in compliance with the
21 Code. The existing single-family dwelling or duplex can be maintained, altered, expanded or
22 reconstructed on said lot of record in accordance with the applicable provisions of subsection (a).
23
24 (c) This section is intended to preserve existing low density residential neighborhoods by
25 allowing certain single-family dwellings or duplexes to be erected, expanded, or altered on parcels
26 of land that would not otherwise be considered developable lots of record or conforming under
27 this article. In addition, this section is intended to also allow an existing single-family dwelling to
28 add a second story or ground floor addition of habitable space on such parcels of land in
29 conformance with the Code; or add a second story of habitable space within an existing building
30 footprint even in instances when the existing single-family dwelling does not conform to the
31 minimum lot coverage, minimum living area and setback requirements.
32
33 ***
34
35 Section 3. Incorporation Into Code. This Ordinance shall be incorporated into the
36 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
37 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
38 and like errors may be corrected and additions, alterations, and omissions, not affecting the
39 construction or meaning of this ordinance and the City Code may be freely made.
40
41 Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or
42 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
City of Cape Canaveral
Ordinance No. 18-2024
Page 3 of 4
1 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
2 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
3 the validity of the remaining portions of this Ordinance.
4
5 Section 5. Effective Date. This Ordinance shall become effective immediately upon
6 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
7 Charter.
8
9 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
10 of , 2024.
11
12
13
14
15 Wes Morrison, Mayor
16
17
18 ATTEST:
19
20 For Against
21
22 Mia Goforth, CMC Kim Davis
23 City Clerk
24 Mickie Kellum
25
26 Kay Jackson
27
28 Wes Morrison
29
30 Don Willis
31
32 First Reading:
33 Advertisement:
34 Second Reading:
35
36 Approved as to legal form and sufficiency
37 for the City of Cape Canaveral only by:
38
39
40 Anthony A. Garganese, City Attorney
41
City of Cape Canaveral
Ordinance No. 18-2024
Page 4of4