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Code of Ordinances City of Cocoa Florida
APPENDIX A — ZONING
ARTICLE XIII. SUPPLEMENTARY DISTRICT REGULATIONS
Sec. 20. Alcoholic beverages.
(A) BARS AND LOUNGES AS SPECIAL EXCEPTION. The sale of alcoholic beverages
in a bar or cocktail lounge may be allowed as a special exception by the board of
adjustment provided all other requirements for a special exception are met and this
use is in conjunction with and subordinate to a permitted principal use as a club,
lodge, marina, golf course stadium or other similar recreational use.
(B) HOTELS AND MOTELS; ALCOHOLIC BEVERAGE SALES AS ACCESSORY USE.
Providing a hotel or motel has at least sixty (60) rooms, the sale of alcoholic
beverages for on -premise consumption shall be allowed as an accessory use and,
in such cases, the provisions of paragraph (D) of this section shall not apply.
(C) RESTAURANTS; ALCOHOLIC BEVERAGE SALES AS ACCESSORY USE.
Providing a restaurant meets the following requirements, the sale of alcoholic
beverages for on -premise consumption shall be allowed as an accessory use and in
such cases, the provisions of paragraph (E) of this section shall not apply:
(1) The restaurant must have seating accommodations at tables for at least forty
(40) persons, excluding seats or stools in a bar or lounge area. For purposes
of satisfying this requirement, any restaurant seeking an exemption under
subsection (C) shall obtain written confirmation and approval from the fire
inspector that such restaurant is lawfully providing seating at tables for at
least forty (40) people.
(2) The facility must contain a kitchen 1 to prepare and serve meals VVI lei i opens for
business.
(D) CITY OWNED FACILITIES. With the approval of the City Manager, the sale and
on -premises consumption of alcoholic beverages at City owned facilities used for
public purposes shall be permitted without regard to the minimum distance required
of this section.
(E) RESTRICTIONS AS TO LOCATION.
(1) No license for the on -premises sale and consumption of alcoholic beverages
containing more than one (1) percent alcohol by weight shall be granted or
permission given where the proposed premises is within three hundred (300)
feet of an established school, church or residential zone; nor shall a church
or school be granted a license or permitted to begin operations where the
proposed church or school is within three hundred (300) feet of an
established premises which is licensed for the sale and on -premise
consumption of alcoholic beverages containing more than one (1) percent
alcohol by weight.
(2) Such distances shall be measured by a straight line from the nearest point of
the building or portion of a building which is the proposed premises, to the
nearest point of the building or portion of a building which is the established
premises. Said distance shall be verified by a survey prepared by a Florida
registered land surveyor, paid for by the property owner or applicant of the
proposed premises, and provided to the Community Development
Department for review.
(3) An established premises will be recognized only if the business, church or
school to be operated has obtained and passed all certificate of occupancy
inspection for its premises and use.
(4) There shall be no required minimum distance between premises selling
alcoholic beverages and the building line of a school, church or residential
zone when the premises is located in the CBD [district], located within a
shopping center building of twenty thousand (20,000) square feet or more, or
is licensed strictly for off -premise consumption, such as grocery stores,
convenience stores, liquor stores, etc.
(5) A variance may be granted from the three hundred (300) foot rule if the
applicant shows the premises (1) was historically used as an establishment
licensed for the on -premise consumption of alcoholic beverages, a church or
a school, and (2) meets the criteria provided in Appendix A, Article XVII,
Section 3 of this Code.
(Ord. No. 2-79, R 10, 3-0-79, Ord No. 13=05, 9 3, 5-10-05)
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Sec. 62-1906. Alcoholic beverages for on-premises consumption.
The sale of or serving of alcoholic beverages on the premises shall only be permitted in accordance with
the following conditions:
(1) a. A bar or cocktail lounge may be a conditional use in a general retail zoning classification
(BU -1), a retail warehousing and wholesale business zoning classification (BU -2), a general
tourist commercial zoning classification (TU -1) and a transient tourist zoning classification (TU -
2). Such conditional use shall be considered in the same manner and according to the same
standards of review as specified in this division.
b. A bar or cocktail lounge is prohibited within the restricted neighborhood commercial
zoning classification, BU- 1-A. The on -premises sale or serving of alcoholic beverages in
BU- 1-A may be a conditional use as accessory to a snack bar and restaurant pursuant to
section 62-1842. Such conditional use shall be considered in the same manner and
according to the same standards of review as specified in this division.
(2) The on -premises sale or serving of alcoholic beverages may be a conditional use as an accessory
use to civic, philanthropic or fraternal organizations, lodges, fraternities and sororities, or
marinas, golf courses, stadiums or other similar recreational uses, in those zoning classifications
in which such uses are permitted. Such conditional use shall be considered in the same manner
and according to the same standards of review as specified in section 62-1151. The conditional
use shall be granted only as an accessory use to the primary use requested. Bottle clubs shall be
considered commercial uses subject to the requirements of this section.
(3) Except for restaurants with more than 50 seats, no alcoholic beverages shall be sold or served for
consumption on the premises from any building that is within 300 feet from the lot line of a
school or church if the use of the property as a school or church was established prior to the
commencement of the sale of such alcoholic beverages. for the purposes of this subsection, a
school shall include only grades kindergarten through 12. For the purpose of establishing the
distance between the proposed alcoholic beverage use and churches and schools, a certified
survey shall be furnished from a registered engineer or surveyor. Such survey shall indicate the
distance between the front door of the proposed place of business and all property lines of any
church or school within 400 feet. Each survey shall indicate all such distances and routes.
(4) For restaurants with more than 50 seats located in shopping centers, no conditional use permit is
required for on -premise consumption of alcoholic beverages.
(5) Imposition of additional operational requirements. When deemed appropriate, as based upon
circumstances revealed through the general and specific standards of review set forth in this
division, the Board shall have the option of imposing operational requirements upon an
establishment approved for a conditional use for on -premises consumption of alcoholic
beverages. Requirements may include, but are not limited to, the following: maximum number of
patrons; hours of operation; limitations upon outdoor seating and service of alcoholic beverages;
limitations upon outside music and/or public address systems; additional buffering requirements;
additional parking requirements; internal floor plan arrangement, or other specific restrictions
based upon special neighborhood considerations. Additional requirements shall not exceed the
limits of regulatory authority granted to local governments in the State Beverage Law, F.S. §
562.45.
(6) Expansion of conditional use permit. The square footage area or location of premises designated
for a conditional use permit for on -premises consumption of alcoholic beverages shall not be
expanded beyond that approved by the conditional use permit without filing a new application
for a conditional use permit in accordance with the requirements contained in this section and
section 62-1901 and having same approved by the board of county commissioners. "Expansion,"
as used herein, shall include the enlargement of space for such use and uses incidental thereto as
well as the extension of a beer and/or wine use to include intoxicating liquor. The new
application must cover both the existing approved designated area as well as the proposed
expanded area. All areas approved shall be regulated under the same business license and shall
be subject to uniform rules and regulations.
(Code 1979, § 14-20.16.2(B)(5); Ord. No. 93-24, § 1, 11-10-93; Ord. No. 2002-63, § 1, 12-17-02; Ord. No. 04-
29, § 39, 8-5-04; Ord. No. 06-54, § 2, 10-5-06)
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This business vehicle may be a trailer provided it is less than eight feet high, less than 22 feet long and is stored
behind the front outside corners of the home or within the garage. On corner lots, parking of such vehicles shall
be allowed behind a 95 percent opaque fence as long as it is not visible over the top of the fence.
(Ord. No. 972, § 31, 8-15-07)
Sec. 30-605. Business activities.
(a) No business activity, materials, equipment, or merchandise shall be visible from the street,
sidewalk, or surrounding properties.
(b) Loading and unloading of goods and materials shall be limited to one hour per day. Deliveries to
any home -occupation residence shall be limited to vehicles with no more than three axles.
(c) No business activity, equipment, tools, or process shall create a nuisance or hazard due to noise,
traffic, vibration, glare, fumes, odors, or electro -magnetic interference.
Sec. 30-606. Prohibited uses.
(a)
home.
(b)
(c)
breakfast.
Any use which brings clients, prospects, customers, buyers, patients, patrons, or traffic to the
Painting or repair of any kind of vehicle or vessel.
Tourist or transient residential units, including any business commonly referred to as a bed and
(d) Any business or occupation conducted in or from a residence where the business owner does not
reside full-time.
(e) Except for state -licensed family daycare homes, any husiness which cannot be conducted totally
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(Ord. No. 946, § 10, 8-16-06)
SC,ecs. 30-607--30-609. Deserved.
IDIVISION 2.
OTHER PROVISIONS
Sec. 30-610. Establishments selling or dispensing alcoholic beverages.
Establishments selling or dispensing alcoholic beverages shall be located at least 500 feet from the
nearest church and 1,000 feet from the nearest school; playground; or adult bookstore, dancing establishment, or
motion picture theater. The distance shall be measured as a straight line between the points where the respective
property lines are nearest to each other. Additional provisions in the Conditional Uses Table shall also apply.
No variance to this setback requirement shall be allowed. An establishment shall be exempt from the foregoing
setback requirements, provided that:
(a) The alcohol license is limited to a LAPS, 2APS, or SBX series license from the Division of
Alcoholic Beverages and Tobacco; or
(b) The business is licensed by the Department of Business and Professional Regulation as a public
food service establishment pursuant to F.S. ch. 509; has a 1COP, 2COP, or SRX series license
from the Division of Alcoholic Beverages and Tobacco; provides seating; and serves alcoholic
beverages for on -premises consumption only.
Sec. 30-611. Trash, debris, and waste.
(a) Disposal.
(1) All trash and waste shall be deposited in dumpsters or waste cans, which shall have lids closed at
all times except when trash or waste is being deposited. No trash, debris, or waste of any kind
shall be buried or burned within the city limits. It shall be prohibited to deposit any refuse, waste
material, or other noxious or malodorous material onto or into any property, street, Indian River
Lagoon system, canal, or ditch within the city.
(2) All construction sites shall have trash cans or wire enclosure receptacles, which shall be used to
collect and control trash such as paper, cardboard, plastics, cans, bottles, etc. This trash shall be
removed when the receptacle is full. All other debris shall be removed from construction sites
before final inspection.
(3) Trash collection in residential areas: Trash shall be placed within four feet of the curb, but not on
the paved street surface or sidewalk or within 15 feet of a fire hydrant. Garbage and household
trash shall not be placed at the collection point prior to 5:00 p.m. on the day before collection,
and emptied containers shall be removed by 8:00 p.m. on collection day:
(h) nvttr,iv,orc 011 rl„rnnetarc ,x'Qcta -- rarq.�-.E— 5.;,-,o �,-, a .:.��+m t ;nee shall be:
k -J --11 ................. I ��� ...,.�.�t,.,�..,.:,, ......��.� .�—, ."y'.—E, bins, uuu waste contaui�.i areas Luau vc.
(1) Hidden from the street and adjacent properties except for waste cans provided by the solid waste
franchisee which shall be placed next to the principal structure;
(2) Maintained in a manner which prevents the accumulation of trash, 2arba2e, and debris in the
vicinity of the receptacles and prevents such materials from being blown by the wind to other
portions of the site or to streets or other properties; and
(3) Maintained in good repair in a clean and sanitary condition so as not to create an offensive odor,
health hazard, or other nuisance.
(Ord. No. 972, § 32, 8-15-07)
Sec. 30-612. Outside storage areas.
All outside storage areas shall be hidden from the street and adjacent properties.
(zihnicet. -
ORDINANCE NO. 1445
AN ORDINANCE OF THE CITY OF COCOA BEACH, BREVARD COUNTY,
FLORIDA, AMENDING THE COCOA BEACH CODE APPENDIX B, "THE CITY
OF COCOA BEACH LAND DEVELOPMENT CODE" BY REVISING CHAPTER
IV "DESIGN STANDARDS", SECTION 4-74 "ALCOHOLIC BEVERAGE
ESTABLISHMENT DISTANCE FROM CHURCH OR SCHOOL" TO MODIFY
TYPES OF ESTABLISHMENTS SUBJECT TO THE REGULATION, ADDING
RESTRICTIONS FOR BOTTLE CLUBS, AND PROVIDING EXEMPTION FOR
SPECIAL EVENTS; AMENDING LAND DEVELOPMENT CODE CHAPTER 11
"DEFINITIONS", ARTICLE 11 "DEFINITIONS", BY ADDING NEW
DEFINITIONS FOR "ALCOHOLIC BEVERAGE ESTABLISHMENT", "BOTTLE
CLUB", AND "SCHOOL"; REPEALING OTHER CITY CODE PROVISIONS IN
CONFLICT WITH REVISIONS TO THE LAND DEVELOPMENT CODE;
PROVIDING FOR INCORPORATION OF RECITALS, SEVERABILITY,
INTERPRETATION, CONFLICTS, AND AN EFFECTIVE DATE.
17
18 WHEREAS, the City Commission finds a need to modify the City of Cocoa Beach Land Development
19 Code with regard to requirements of businesses which sell alcoholic beverages for consumption on the premise to
20 be located greater than 300 feet from established churches and schools; and,
21
22 WHEREAS, Chapter 163, Florida Statutes requires that municipalities develop and implement Land
23 Development Regulations to regulate the use of land; and,
24
25 WHEREAS, the Cocoa Beach Planning Board has reviewed these proposed amendments at a duly
26 noticed public hearing held on February 5, 2007, and said Board has recommended adoption of the changes to
27 the City Code; and,
2n
29 WHEREAS, the City Commission held duly noticed public hearings on March 1, 2007, which was
30 continued to April 5, 2007, and May 3, 2007, to consider this amendment and has posted and provided public
31 notice regarding this ordinance in accordance with City Code and Florida Statutes; and,
32
33 WHEREAS, the City Commission and the Planning Board both find that this ordinance will be consistent
34 with the densities; intensities; general uses; and goals, objectives, and policies set forth in the Cocoa Beach
35 comprehensive plan; and:
36
37 WHEREAS, the City Commission finds that this ordinance will be in compliance with the Cocoa Beach
38 comprehensive plan, the Land Development Regulation, the Code of Ordinances of Cocoa Beach, and any other
39 applicable code or regulation, and promotes the public health, safety, welfare, economic order and public interest,
40 consistent with § 562.45(2), Florida Statutes (2006).
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF COCOA
43 BEACH, FLORIDA:
44
45
46 SECTION ONE: The above recitals are true and correct and by this reference are hereby incorporated
47 herein and made an integral part hereof as though fully set forth herein.
48 SECTION TWO: That the Code of Ordinances, City of Cocoa Beach, Florida, Appendix B, The City of
49 Cocoa Beach Land Development Code, CHAPTER 1V "DESIGN STANDARDS', ARTICLE Vlll
50 "MISCELLANEOUS SUPPLEMENTAL DESIGN STANDARDS AND REGULATIONS", SECTION 4-74
51 "ALCOHOLIC BEVERAGE ESTABLISHMENT DISTANCE FROM CHURCH OR SCHOOL" is hereby amended to
52 read as follows:
53
54 Section 4-74 Alcoholic Beverage Establishment Distance from Church or School
55
56 No person shall operate within the city an alcoholic beverage establishment or bottle club "ase-af
57 bw-siness-fay tkte mai -and-GORSUMPUGn-eta-prern+ses ofalsei GPG-beverages-w+tha R4h-E-city which is
58 located within three hundred (300) feet of an established church or school, and no license shall be
59 issued for the operation of any such business within the prohibited area. For purposes of measuring
60 the distance between an alcoholic bevera e establishment or bottle club place-Gf<-;?a Re -ss F the sale
61 and-aeR tGumpt4GR-ori-prer-wise-sf-aiseheiis-beverages and a church or school, the measurement of 300
62 feet shall be from the closest point of the business establishment structure the it a building, leased
63 space in a building, or location of outside sales) to the property line or edge of [eased space of the
64 church or school. All measurements shall be in a straight line. This restriction and distance re u[ation
65 does not apply to the sale of alcoholic beverages sold and consumed under provisions of a special
66 event approved in accordance with the City Code of Ordinances Chapter 14 "Special Events".
67
68
69
70 SECTION THREE: That the Code of Ordinances, City of Cocoa Beach, Florida, Appendix B, The City of
71 Cocoa Beach Land Development Code, CHAPTER 1[, ARTICLE I[, is hereby amended by adding a new Definition
72 No. 4.5 "Alcoholic Beverage Establishment', with said definition to read as follows:
73
74 4.5 ALCOHOLIC BEVERAGE ESTABLISHMENT. Those establishments sellingalcoholic
75 beverages for consumption on the premises and includes bars pool halls dance halls
76 discotheque, taverns, nightclubs, cocktail lounges and similar businesses but does not
77 include restaurants when more than 51% of the business is for food - term
--_ aaic�. Tt3� tit � � �
78 restaurant shall be consistent with the definition of restaurant as defined by Florida Statutes
79 including F.S_§ 562.45 and F.S. § 509. The city shall require proof that restaurants derive at
80 least 51 % of their gross revenues from the sale of food and nonalcoholic beverages The
81 same standards of proof shall be used as is utilized by the State of Florida under its beverage
82 laws. A "pool' bar located within a hotel/motel complex which provides service exclusively to
83 guests lodging at the hotel/motel is not considered an Alcoholic Beverage Establishment
64 _
85
86
87 SECTION FOUR: That the Code of Ordinances, City of Cocoa Beach, Florida, Appendix B, The City of
ss Cocoa Beach Land Development Code, CHAPTER 11, ARTICLE 11, is hereby amended by adding a new Definition
89 No. 20.5 "Bottle Club", with said definition to read as foi[ows:
90
9i 20.5 BOTTLE CLUB Any business person persons partnership firm corporation or
92 association maintaining premises not licensed for the sale of alcoholic beverages for a
93 fee or other consideration, including the sale of food, mixes ice or any other fluids for
94 alcoholic beverages, or otherwise furnishing premises for such purposes and from which
95 they would derive revenue.
96
Ordinance No. 1445 - Revise Alcoholic Beverage Establishment Locations Page 2 of 3
97 SECTION FIVE: That the Code of Ordinances, City of Cocoa Beach, Florida, Appendix B, The
98 City of Cocoa Beach Land Development Code, CHAPTER 11, ARTICLE 11, is hereby amended by
99 adding a new Definition No. 179.5 "School", with said definition to read as follows:
100
101 179.5 SCHOOL. A public school or other school (including private or parochial), either offering
102 a curriculum substantially equivalent to that of a public school with comparable grades
103 and meeting the requirement of the State Department of. Education or an educational
104 facility or school offering a similar curriculum designed to remediate or supplement
105 educational instruction.
106
107
108 SECTION SIX: INTERPRETATION. In interpreting the body of Section Two, Section Three, Section
109 Four, and Section Five of this Ordinance, the following rules of interpretation shall be utilized:
110 (1) Terms underlined are additions to existing text.
111 (2) Terms stfiG en-thr-ough are deletions from existing text.
112
113 SECTION SEVEN: SEVERABILITY. If any provisions of this Ordinance or the application thereof to any
114 person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the
115 Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of
116 this Ordinance are declared severable.
117
118 SECTION EIGHT: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of ordinances,
119 and all resolutions and parts of resolution, in conflict herewith are hereby repealed to the extent of such conflict.
120
121 SECTION NINE: EFFECTIVE DATE. This Ordinance shall be become in full force and effect upon
122 adoption by the City Commission in accordance with the Charter of the City of Cocoa Beach, Florida.
123
124
125 Upon Motion by Commissioner Sasso and Seconded by Commissioner
126 John this Ordinance was duly adopted at a Regular Meeting of the City Commission of
127 the City of Cocoa Beach, Florida, held on the 3rd day of May 2007.
128
129 Ayes: 5
130 Nay 0
131 Ab$entt 9f? 'ning: 0
132
133
134 L n " izissioner
eler,
135 ayor-C
136 ATTE
137
138 Loredana Kalaghchy, CMCf
139 City Clerk
140 First Reading: 04105/2007
141 Date Posted: 02/22/2007 & 03/27/2007 & 04/09/2007
142 Date Published: 02/22/2007 & 04/23/2007
Ordinance No. 1445— Revise Alcoholic Beverage Establishment Locations Page 3 of 3