HomeMy WebLinkAboutPacket 02-28-2008 WorkshopCity of Cape Canaveral
CITY COUNCIL WORKSHOP MEETING
WITH THE PLANNING & ZONING BOARD
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
THURSDAY
February 28, 2008
5:30 PM
AGENDA
CALL TO ORDER:
ROLL CALL:
DISCUSSION:
1. City Code Review: Article VII, Division 5, C-1 Low Density
Commercial District, Code Section 110-334 through Division 8.,
C-2 Commercial/ Manufacturing District, Code Section110-389,
Parking and Loading.
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 City Council 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. Persons with disabilities needing assistance to participate in any of
these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the
meeting.
105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248
www.myflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com
CITY COUNCIL WORKSHOP MEETING
WITH THE PLANNING & ZONING BOARD
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TIIFSr1AY
January 22, 2008
5:30 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to order at 5:30 P.M.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member
Mayor
Council Member
Council Member Absent:
Council Member
Bob Hoog
Leo Nicholas
Rocky Randels
Shannon Roberts
Buzz Petsos
Planning and Zoning Board Members Present:
Chairperson
Vice Chairperson
Bea McNeely
R. Lamar Russell
Donald Dunn
Dr. John Fredrickson
Harry Pearson
Ronald Friedman
Planning and Zoning Board Member Absent:
Others Present:
City Manager
City Attorney
City Clerk
Building Official
John Johanson
Bennett Boucher
Kate Latorre
Susan Stills
Todd Morley
City of Cape Canaveral, Florida
City Council Code Review Workshop Meeting
w/ Planning and Zoning Board
January 22, 2008
Page 2 of 6
DISCUSSION:
1. City Code Review: Article VII, Division 5, C-1 Low Density Commercial
District, Code Section 110-331 through Division 8., C-2 Commercial/
Manufacturing District, Code Section110-389, Parking and Loading.
Lamar Russell, Planning and Zoning Board Vice Chairperson, requested to address
statement in the September 18, 2007 Workshop Meeting Minutes related to Code
Section 110-276, which read, "Mr. Boucher explained how although the Court dismissed
the ruling on zoning by referendum, the subsequent City Council noted on the matter.
Mr. Russell clarified that the density contention was challenged by Cevesco, Inc.
The lower court did not uphold the referendum. As a fact, the Florida Supreme
refused to hear the case after it had been dismissed by the Court of Appeals. In
the interim, an election occurred, and the City Council established low density at
15 units per acre by a 3-2 vote. Mr. Russell concluded that the U.S. Supreme
Court, through an Ohio case, ruled that people can zone by referendum.
Therefore the U.S. Supreme Court upheld zoning by referendum although the
decision was not recognized at that time by the State of Florida. Since that time
another vote was made on height and the citizens established a height limitation
of 45 -feet by referendum, or what Mr. Russell called a "straw" vote. He concluded
that these were two facts explained for clarification in the Minutes.
Mr. Russell replied to Mayor Randels that with enough signatures on an initiative, the
electorate could get a zoning referendum on the ballot under the U.S. Supreme Court
ruling. However, it had no bearing on what was done in Cape Canaveral. The Florida
Circuit Court ruled that it could not be done and the Florida Court of Appeals upheld it.
The Florida Supreme Court refused to hear the matter. Therefore, the Florida Courts
did not settle the City's density matter, the Council did.
Attorney Latorre stated that the Florida Supreme Court made zoning by referendum
legal also for Florida in 1983. After the Cape Canaveral case was overturned and
rendered invalid, the Florida Supreme Court has since recognized it. This is something
the City could pursue and it would become a zoning Ordinance before the electorate.
Attorney Latorre affirmed for Mr. Nicholas that the 1983 decision did not legitimatize the
previous referendum. In order to have that become effective, a new procedure would
be required. Mr. Russell stated his intent to clarify that the Council could change matters
as needed regardless of previous Court cases.
Mr. Russell referred to the height limitation saying that 45 -feet were established by a
straw vote and the Council honored it. However, a Council could change that if they
desired. Mr. Friedman, Planning and Zoning Board Member, referred to the
paragraph at the top of Page 3 in the September 18th Workshop Minutes and
requested a change to his statement on height from "27 -feet" to "47 -feet."
City of Cape Canaveral, Florida
City Council Code Review Workshop Meeting
w/ Planning and Zoning Board
January 22, 2008
Page 3 of 6
Mayor Randels opened Discussion with Code Section 110-331, Intent, C-1 Low Density
Commercial District. Mayor Randels called on Todd Peetz, City Planner to lead the
discussion. Ms. Roberts questioned the second sentence which referred to motorists
but did not include pedestrians. Discussion followed on the difference between
residential and visiting pedestrians and motorists. Section 110-331, Intent, was
changed as follows: "the types of uses permitted are intended to serve the
consumer needs of nearby residential neinhborhoGd , as well as the commercial
needs of residents and visitors." Attorney Latorre clarified that the last sentence
formerly relating to fire districts was repealed with the Liquefied Petroleum Gas
ordinance.
Mr. Peetz proceeded to Code Section 110-332, Principal Uses and Structures. Mr.
Russell pointed out that the Business and Cultural Development Board planned to
review this list in order to amend it. Mr. Boucher brought up new service needs, such
as Adult Day Care and Assistant Living Facilities. Attorney Latorre reminded of a
provision which charges the Building Official with interpretation questions. Attorney
Latorre also cautioned on defining Uses too restrictively which might exclude Uses of
which exclusion was not intended.
Ms. Roberts referred to Item No. (4) relating to hotel "rental units" for clarification that
they were different from apartment dwellings. Mr. Morley brought up that his discussion
with Cape Caribe addressed assigned keys or the number of rental units. Discussion
concluded that No. (4) pertained only to hotels and motels. Ms. Roberts referred to Item
No. (5), Eating Establishments and asked if that referred to outside as well as inside
eating. Mr. Peetz stated that the establishment would need to meet the setback
requirements. Mr. Peetz brought up hot dog carts; however, discussion concluded that
mobile vending prohibition was establishedin another Code section. Discussion
followed on what would be included or excluded in order to clearly define the list. Ms.
Roberts stated that the Council should formally ask the Business and Cultural
Development Board to update Code Section 110-332.
Mayor Pro Tem Hoog questioned outside displays on page 16, Section 110-334,
Special Exceptions Permissible by Board of Adjustment, in which outside displays were
allowed within requirements.
Mr. Morley requested more clearly defined language for Item No. (4) to define
separately leased units. Mr. Russell replied that how the units were rented was a
business issue. Mr. Peetz explained that this discussion came about due to discussion
with Cape Caribe which allows rental of one-third of a suite. Mr. Peetz explained that
the new building on the west side of the road was debated as either one unit or three
due to the number of keys. Mr. Morley recommended the following language
"Hotels and motels with a minimum capability of 150 separate leasing units" to
clarify the ability to separately lease the units. Discussion ascertained that there
City of Cape Canaveral, Florida
City Council Code Review Workshop Meeting
w/ Planning and Zoning Board
January 22, 2008
Page 4 of 6
appeared to be no violation of the City Code since a Certificate of Occupancy was
obtained.\
Ms. Roberts asked for a clarification on No. (6) and if there was any further discussion
on the potential of a mortuary. Discussion followed on funeral service providers. Ms.
Roberts mentioned, for the record, Mr. Boucher's suggestion of Adult Day Care
Services and if that should be included on the list. Mr. Morley recommended clarifying
the type of schools under Item No. (6) and No. (14) and if there were a need to include
private schools in No. (6). Mayor Randels clarified the language change in Section
110-332 as follows: removing the word schools from No. (6) and changing No.
(14) to read private and public schools.
Discussion followed on adding Adult Day Care to Item No. (11). Mr. Morley informed
that a residential Living Facility would allow for a limited number of patients. Attorney
Latorre clarified that the State statutes preempts the City's regulations and the
legislature states that they were a valid residential use. However, the number over the
threshold, presumably eight persons, would fall under State regulations. Discussion
concluded to include the word "Adult" in Item No. (11).
Harry Pearson, Planning and Zoning Board Member, expressed that schools were
regulated by the Public School District. Mr. Morley brought out that the correct
terminology was Adult Assisted Living Facilities differed from Adult Day Care. Attorney
Latorre explained that Assistant Living Facilities was a specifically defined term in State
statutes with up to one dozen categories of Adult type care facilities each regulated
differently. Attorney Latorre recommended a general term such as Adult Care Facilities.
Ms. Roberts brought out rehabilitation services. Discussion brought out that any
services the Council specifically did not desire in the list should be removed.
Mr. Peetz proceeded to Code Section 110-333, Accessory Uses and Structures. There
were no changes made to this code section.
Mr. Peetz proceeded to Code Section 110-334, Special Exceptions Permissible by
Board of Adjustment. Mr. Morley stated that Article VII also addresses setbacks. Mr.
Boucher clarified that Paragraph (b) would allow a provision, adjusting setbacks, that
should come under the Variance process, not the Special Exception process. After
some discussion, Council and the Board agreed to strike Code Section 110-334,
paragraph (b), of Special Exceptions Permissible by Board of Adjustment.
Mr. Russell explained how Special Exceptions allowed for a public hearing and input
from the residents adjacent to proposed commercial property. Ms. Roberts asked if
there were any other distance guidelines. Discussion followed on a proliferation of surf
shops and the need for their regulation. Mr. Nicholas stated that adult arcades should
also be addressed. Discussion came about out related a full -bar liquor license which
was denied to a Cape Canaveral business due to its radius to a similarly licensed
business across the street in the unincorporated area. Mayor Randels composed a
City of Cape Canaveral, Florida
City Council Code Review Workshop Meeting
w/ Planning and Zoning Board
January 22, 2008
Page 5 of 6
list to include: surf shops, pawn shops, check cashing, day labor halls, tattoo
shops, psychic readers, and adult arcades for further discussion on the
Discussion Parking Board.
Mr. Boucher brought out including night clubs. Mr. Russell stated that night clubs were
regulated by the requirement to serve food to 200 people. Discussion followed on
regulating liquor licenses. Mr. Nicholas informed that the State had several classes of
liquor license and there was a minimum seating requirement. Mayor Randels stated
that beer and wine required 25 seats. Mr. Nicholas stated that the City could control
distance and hours of operation. He stated that Law Enforcement was not strictly
enforced at the time when the Rich's Restaurant property served as a Rave Club. Mr.
Morley stated that Code Section 110-171(2) states, "The establishment, if licensed by
the State Division of alcoholic beverages and tobacco to permit on -premises
consumption of beverages, shall not be located with 2,000 feet of another licensed
establishment.
Discussion continued on some of the items mentioned on the Discussion Parking
Board. Dr. John Fredrickson, Planning and Zoning Board Member, asked if there were
any businesses in the survey that the residents did not desire to see in the City. Ms.
Roberts read from the Business survey that adult entertainment, porn shops, tattoo
parlors, and more hotels and condominiums were listed as something that they did not
want to increase.
Ms. Roberts asked about regulating outside eating. Mr. Morley stated that the number
of seats was counted by the State as part of the licensed number of tables you are
allowed to serve. Number of seats would affect parking and sewer impact fees,
however, at this point the City had no regulations to prohibit it. Mr. Morley clarified that
cooking outside was regulated by the State.
Mr. Peetz proceeded to Section 110-334 (c), Items No. (1), (2), and (3) related to
veterinary hospitals, clinics, radio and television studios, broadcasting towers and
antennas and automotive service stations. Mr. Friedman brought up discussion on
Paragraph (h) and specific language to address vehicles parked outside of the facility.
Council and the Board decided not to amend Paragraph (h). Ms. Roberts brought
up Code Section (g)(6). Brief discussion occurred on banning the sale of cigarettes and
Council and the Board agreed to exclude this prohibition.
Mr. Peetz read through the remaining Items through Item (q). Ms. Roberts asked
where the City would address safety concerns relating to pavements in disrepair. Mr.
Boucher replied that these concerns should be sent to his office. Mayor Pro Tem Hoog
referred to Item (q) and requested input. Mr. Peetz stated that a service station actually
performs repairs on-site. Discussion followed on the site of any subsequent service
stations.
City of Cape Canaveral, Florida
City Council Code Review Workshop Meeting
w/ Planning and Zoning Board
January 22, 2008
Page 6 of 6
Before adjourning, Mr. Boucher informed that Mr. Petsos had contacted him stating his
reason for missing the meeting. Mr. Boucher distributed the Agenda Packet for the
Chronic Nuisance Ordinance Workshop on Thursday, January 24tH
ADJOURNMENT:
There being no further business, the meeting adjourned at 8:00 P.M.
Susan Stills, CITY CLERK
ARTICLE VII. DISTRICTS* Page 1 of 17
Sec. 110-334. Special exceptions permissible by board of adjustment.
(a) In the C-1 low density commercial district, after public notice and hearing, the board of
adjustment may permit special exceptions which are compatible to permitted uses and which
are able to meet the minimum requirements and performance standards as set forth in this
zoning district.
(b) The board of adjustment may adjust setbacks and provisions noted in article IX of this
chapter as necessary and appropriate in granting special exceptions.
(c) Special exceptions may be permitted for the following:
(1) Veterinary hospitals and clinics.
(2) Radio and television studios, broadcasting towers and antennas.
(3) Automotive service stations, subject to the following:
a. All setbacks shall be no less than 25 feet from any portion of the building,
including pump island.
b. Underground storage is required for all receptacles for combustible materials
in excess of 55 gallons. Such storage shall comply with all Environmental
Protection Agency standards.
c. The accumulation and storage of waste petroleum products is forbidden,
unless in compliance with Environmental Protection Agency standards.
d. Curb cuts shall be made in accordance with section 110-493.
e. No service stations shall be erected or located within 150 feet of the property
line of any church, hospital, school or park.
f. A visual screen, meeting the specifications of section 110-566, shall be
provided along any property line abutting a residential district or residential use.
g. Services and sales permissible include only the following:
1. Spark plugs, batteries, distributor parts, ignition system parts, vehicle
wiring and the like.
2. Exhaust system components, engine cooling components, automotive
air conditioning system components, braking system components, vehicle
lighting system components, radios, steering assembly parts, fuel system
components and the like.
3. Tire servicing and repair, but not recapping.
4. Washing and polishing, including the sale of related materials.
5. Greasing, oil changes and other lubrication.
6. Sale of cold drinks, package foods, tobacco and similar convenience
goods for service station customers.
7. Road maps, informational materials, restroom facilities.
8. Truck and trailer rentals.
h. Vehicles shall not be parked outside the building for more than four days,
such four days to be considered as an accumulated parking time, whether
consecutive or accumulated.
i. Uses permissible at a service station do not include body work, straightening
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ARTICLE VII. DISTRICTS*
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of body parts, painting, welding (other than minor repairs), storage of
automobiles not in operating condition or other work involving noise, glare,
fumes, smoke or other characteristics to an extent greater than normally found in
service stations. A service station is not a body shop.
j. Automotive parts, new or used, shall not be stored outside.
k. Vehicles are not to be dismantled or scrapped for parts.
I. Engine and transmission overhaul may be performed only inside the service
bays.
m. A minimum of two enclosed service bays and a customer waiting area must
be provided if maintenance and repairs are a part of the business.
n. A minimum building size of 2,000 square feet shall be provided.
o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or
joints in the pavement.
p. Landscaping shall conform to section 110-566.
q. Service stations shall not be erected or located within 2,000 feet of the
property line of another service station.
(4) Places in which goods are produced and sold at retail upon the premises.
(5) Vocational and trade schools not involving operations of an industrial nature.
(6) Commercial establishments which sell, dispense, serve or store alcoholic
beverages or which permit the consumption of alcoholic beverages on their premises.
Also see section 110-332.
(7) Dry cleaning establishments using noninflammable solvents and cleaning fluids, as
determined by the fire chief.
(8) Retail stores using outside display areas, provided the following are met:
a. The area of outside display shall not exceed in size one-third of the enclosed
area of the principal structure.
b. The outside display area shall be considered the same as the floor area for
the purpose of calculating offstreet parking, setbacks and lot coverage.
(9) New and used automobiles, major recreational equipment and mobile home sales
with accessory services, subject to the following:
a. All outside areas where merchandise is displayed shall be paved.
b. All ingress and egress points to abutting streets shall be marked clearly and
placed not closer than 150 feet apart on the same street.
c. All servicing and repair activities, except gasoline pumps shall be located in
an enclosed structure.
d. There shall be no storage of junked or wrecked automobiles, other than
temporary storage not to exceed 30 days, and these vehicles shall be in an
enclosed area and not be visible from outside the property.
e. Ingress and egress points shall not be placed so as to endanger pedestrian
traffic.
(10) Single-family dwellings, two-family dwellings, townhouses or multiple -family
dwellings; provided, however, there shall not be more than 15 dwelling units per net
residential acre and such dwellings shall not be permitted on property along the A1A
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ARTICLE VII. DISTRICTS*
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Highway Corridor as depicted in exhibit "A," attached hereto and fully incorporated
herein by this reference. See requirements in the R-2 district in division 3 of this article.
These requirements apply to residential construction in the C-1 district.
(11) Commercial establishments for the storage or parking of recreational vehicles,
trailers and trailerable items, provided it meets the following, as a minimum:
a. Minimum lot size of 10,000 square feet.
b. Vehicle storage area must be obscured from view by either walls, fences or
hedges.
c. Walls, fences and hedges must comply with all city rules and regulations and
must be kept in good condition so as to ensure obstruction from view.
(12) Public utility equipment; uses and rights-of-way essential to serve the
neighborhood in which it is located.
(13) Theatres, drive-in theatres, photographic studios, bookstores and dance studios,
unless such uses fall within the scope and restrictions of section 10-86 et seq.
(14) Carwashes, including polishing, and sale of related materials.
(15) Vehicle rental facility, as provided in section 110-556 of this Code.
(Code 1981, § 637.51; Ord. No. 02-2003, § 2, 3-4-03; Ord. No. 11-2006, § 2, 10-3-06)
Sec. 110-335. Prohibited uses and structures.
In the C-1 low density commercial district, the following uses and structures are prohibited:
(1) All uses not specifically or provisionally permitted in this division.
(2) Any use which fails to meet performance standards specifications as provided in
section 110-466.
(3) Bottle clubs.
(Code 1981, § 637.53)
Sec. 110-336. Area and dimensions.
In the C-1 low density commercial district, the following areas and dimensions shall be required:
(1) Minimum lot area shall be as follows:
a. Service stations, 12,000 square feet.
b. All other principal uses and structures, 5,000 square feet, and, in addition, the
ratio of gross floor area to lot area shall not exceed 1.5:1.0.
(2) Minimum lot width shall be as follows:
a. Service stations, hotels and motels, 100 feet.
b. All other principal uses and structures, 50 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 50 percent.
(5) Minimum living or floor area shall be as follows:
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a. Hotels and motels, 300 square feet per rental unit.
b. Hotel and motel units containing provisions for cooking or light housekeeping,
not less than 400 square feet.
c. All other principal uses and structures, 300 square feet.
(6) The maximum height of all buildings constructed within the C-1 district shall be 45
feet.
(Code 1981, § 637.55; Ord. No. 18-96, § 1, 9-3-96; Ord. No. 24-2006, § 2, 1-2-07)
Sec. 110-337. Minimum setbacks.
(a) In the C-1 low density commercial district, the minimum setbacks required shall be as
follows:
(1) Front, 25 feet. (See subsection (b) of this section.)
(2) Side (interior lot line), zero feet; 25 feet when abutting a residential district.
(3) Side (corner lot line), 25 feet.
(4) Rear, ten feet; 25 feet when abutting a residential district.
(5) Public or private street, 25 feet.
(b) See section 110-536 for special setbacks.
(Code 1981, § 637.55)
Sec. 110-338. Landscaping, screening and parking.
In the C-1 low density commercial district, landscaping, screening and parking shall be provided
pursuant to article IX of this chapter pertaining to supplementary district regulations.
(Code 1981, § 637.57)
Sec. 110-339. Offstreet parking and access.
In the C-1 low density commercial district, offstreet parking and access to a public or private
street shall be provided in accordance with section 110-466.
(Code 1981, § 637.59)
Secs. 110-340--110-350. Reserved.
DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT
DISTRICT*
*Cross references: Sign regulations in the M-1 light industrial and research and development
district, § 94-99.
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ARTICLE VII. DISTRICTS*
Sec. 110-351. Intent.
Page 5 of 17
The requirements for the M-1 light industrial and research and development 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 in
this division are intended to minimize adverse influences of the industrial activities. All principal uses
permitted in this zone shall be contained in an enclosed structure.
(Code 1981, § 638.01; Ord. No. 01-2007, § 3, 2-20-07)
Sec. 110-352. Principal uses and structures.
In the M-1 light industrial and research and development district, 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, meet requirements of article IX
of this chapter:
(1) General offices, studios, clinics, laboratories, data processing and similar uses.
(2) Engineering, laboratory, scientific and research instrumentation and associated
uses.
(3) Manufacturing of:
a. Instruments for controlling, measuring and indicating physical characteristics.
b. Optical instruments and lenses.
c. Surgical, medical and dental instruments and supplies.
d. Ophthalmic goods.
e. Watches, clocks, clockwork -operated devices and parts.
f. Photographic equipment and supplies.
g. Jewelry, silverware, plated ware.
h. Musical instruments and parts.
i. Toys, amusements, sporting and athletic goods.
j. Radio, TV, phonograph and electronics instruments and parts.
k. Pens, pencils and other office and artist materials.
I. Costume jewelry, costume novelties, buttons and notions.
m. Other similar uses.
(4) Ministorage and storage garages.
(5) Paint and body shops.
(6) Motor vehicle repair shops.
(7) Adult entertainment establishments and sexually oriented businesses, providing it
complies with the following provisions:
a. Definitions. Where applicable, words or phrases used in this subsection (7)
shall be defined according to chapter 10, article IV of the Cape Canaveral City
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ARTICLE VII. DISTRICTS*
Code.
Page 6 of 17
b. Prohibited locations. Notwithstanding any other provision of the zoning
ordinance of the city, no person shall cause or permit the establishment of an
adult entertainment establishment or sexually oriented business within 1,000 feet
of another such establishment or within 1,000 feet of any pre-existing religious
institution, public park, public library, or any residentially zoned district (including,
but not limited to, R-1, R-2, R-3) or area designated residential on the city's
comprehensive plan future land use map. No personshall cause or permit the
establishment of an adult entertainment establishment or sexually oriented
business within 2,500 feet of an educational institution. No person shall cause or
permit the establishment of a public park, public library, residential land use, or
religious institution within 1,000 feet, or an educational institution within 2,500
feet, of an existing adult entertainment establishment or sexually oriented
business. This provision shall also apply to adult entertainment establishments,
sexually oriented businesses, religious institutions, public parks, public libraries,
educational institutions and areas zoned or designated on a Comprehensive Plan
for residential use that lie outside of the city.
c. Permissible locations. Notwithstanding any other provisions of the zoning
ordinance of the city, except those contained in subparagraph b., prohibited
locations, above, adult entertainment establishments and sexually oriented
businesses shall only be allowed in the M-1 zoning district.
d. Measurement of distance. The distance between any two adult
entertainment establishments or sexually oriented businesses shall be measured
in a straight line, without regard to intervening structures, from the closest
exterior structural wall of each such establishment. The distance between any
adult entertainment establishment or sexually oriented business and any
residentially zoned or designated land, religious institution, public park, public
library or educational institution shall be measured in a straight line, without
regard to intervening structures, from the closest exterior structural wall of the
adult entertainment establishment or sexually oriented business to the nearest
boundary of the area zoned or designated on the comprehensive plan for
residential use, or nearest property boundary of any religious institution, public
library, public park or educational institution.
e. Reserved.
f. Variance. Upon written application duly filed with the city, the city council,
may grant a variance, with or without conditions and additional safeguards, to the
distance requirements of subparagraph b. above if it finds:
1. That the proposed use will not be contrary to the public interest,
detrimental to the public welfare, or injurious to nearby properties, and
that the spirit and intent of the zoning ordinance will be observed;
2. That all applicable provisions of this subsection and the city sexually
oriented business and adult entertainment establishment code will be
observed;
3. That the proposed use will not be contrary to any adopted land use
plan;
4 That special conditions and circumstances exist which are peculiar to
the land, building or proposed business which are not generally
applicable to other lands, buildings, or adult entertainment or sexually
oriented businesses.
5. That the variance is the minimum variance that will make possible the
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ARTICLE VII. DISTRICTS* Page 7 of 17
reasonable use of the subject land and building for the intended purpose;
and
6. That the variance does not confer upon the applicant any special
privilege.
(8) Vocational schools and colleges.
(9) Fireworks sales facilities subject to the following distance requirements:
a. They shall be at least 1,000 feet from any pre-existing fireworks sales
facilities;
b. They shall be at least 1,000 feet from any pre-existing residential use or
property designated residential on the city's comprehensive plan future land use
map and/or official zoning map;
c. The distance shall be measured as the shortest linear distance between the
property line of the proposed fireworks sales facility and any pre-existing
fireworks sales facilities or any pre-existing residential use or property designated
residential on the city's comprehensive plan future land use map and/or official
zoning map.
(Code 1981, § 638.03; Ord. No. 1-96, § 1, 1-30-96; Ord. No. 17-96, § 4, 10-1-96; Ord. No. 5-99, § 1, 9-
7-99; Ord. No. 02-2004, § 2, 3-2-04; Ord. No. 08-2004, § 2, 5-4-04; Ord. No. 13-2004, § 4, 7-20-04)
Sec. 110-353. Accessory uses and structures.
In the M-1 light industrial and research and development district, accessory uses and structures
shall be permitted as follows:
(1) Retail sales of products manufactured upon the premises.
(2) 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.
(Code 1981, § 638.05)
Sec. 110-354. Special exceptions permissible by board of adjustment.
(a) In the M-1 light industrial and research and development district, after public notice and
hearing, the board of adjustment may permit special exceptions which are compatible to
permitted uses and which are able to meet the minimum requirements and performance
standards as set forth in this zoning district.
(b) The board of adjustment may adjust setbacks and provisions of section 110-566 as
deemed necessary and appropriate in granting a special exception.
(c) Special exceptions may be granted for the following:
(1) Outside storage, as provided in section 110-566.
(2) Freight handling facilities; transportation terminals.
(3) Temporary security facilities, subject to annual review.
(4) Service stations, subject to the provisions designated in division 5 of this article for
the C-1 district.
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(5) Veterinary hospitals and clinics, subject to the provisions designated in division 5 of
this article for the C-1 district.
(6) Recycling activities for the collection of nonhazardous materials, provided that all
storage of such materials shall be in approved structures, containers or trailers.
(7) Radio and TV studios.
(8) Shopping centers, provided the shopping center is on a minimum ten -acre plot and
has a minimum of 75,000 square feet of interior space under the roof. All shopping
centers shall be built in conformance with the criteria for the classification of shopping
centers as set forth in the building code adopted in section 82-31.
(9) Public utility equipment; uses and rights-of-way essential to serve the neighborhood
in which it is located.
(10) Permanent security living facilities, subject to an annual review and the following:
a. Maximum size not to exceed 800 square feet.
b. Security personnel only; no children allowed.
c. Facility to be used exclusively for security purposes.
(11) Restaurants.
(12) Public buildings.
(13) Telecommunications towers, subject to the provisions of section 110-482.
(14) Conveyor systems for purposes of moving aggregate and other materials, subject
to the following:
a. Conveyor systems must be connected and adjacent to Port Canaveral.
b. Conveyor systems crossing the setback must be constructed in a north -south
direction, perpendicular to Port Canaveral.
c. Conveyor systems must be completely enclosed where located within a
setback.
d. Conveyor systems shall not exceed 30 feet in height, where located within a
setback.
e. Conveyor systems in the setbacks shall not be located within 750 feet from
any other existing or approved conveyor system(s). This measurement shall be
drawn as a straight line connecting the conveyor systems.
(Code 1981, § 638.07; Ord. No. 13-95, § 1, 9-19-95; Ord. No. 1-96, § 3, 1-30-97; Ord. No. 8-97, § 1, 9-
2-97; Ord. No. 16-2005, § 2, 10-4-05; Ord. No. 01-2007, § 2, 2-20-07)
Cross references: Adult entertainment, § 10-86 et seq.
Sec. 110-355. Prohibited uses and structures.
In the M-1 light industrial and research and development district, the following uses and
structures are prohibited:
(1) All uses not specifically or provisionally permitted in this division and uses not in
keeping with the light industrial and research and development character of the district.
(2) Any use deemed objectionable by the standards established in section 110-466 et
seq.
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(Code 1981, § 638.09)
Sec. 110-356. Area and dimensions.
In the M-1 light industrial and research and development district, the area and dimensions shall
be as follows:
(1) Minimum lot area shall be 10,000 square feet.
(2) Minimum lot width shall be 75 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 50 percent.
(5) Minimum floor area shall be 300 square feet.
(6) The maximum height of all buildings constructed within the M-1 zoning district shall
be 45 feet.
(Code 1981, § 638.11; Ord. No. 18-96, § 2, 9-3-96)
Sec. 110-357. Minimum setbacks.
(a) In the M-1 light industrial and research and development district, the minimum setbacks
required shall be as follows:
(1) Front, 25 feet. (See subsection (b) of this section.)
(2) Side (interior lot line), 15 feet, except where industrial property abuts a residential
district, in which case the minimum side interior lot shall be 25 feet.
(3) Side (corner lot line), 25 feet.
(4) Rear, 15 feet, except where industrial property abuts a residential district, in which
case the minimum rear yard requirement shall be 25 feet.
(5) Public or private street, 25 feet.
(b) See section 110-536 for special setbacks.
(Code 1981, § 638.11)
Sec. 110-358. Landscaping, screening and parking.
In the M-1 light industrial and research and development district, landscaping, screening and
parking shall be as provided in article IX of this chapter.
(Code 1981, § 638.13)
Sec. 110-359. Performance standards.
In the M-1 light industrial and research and development district, performance standards shall
be as provided in section 110-466 et seq.
(Code 1981, § 638.15)
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Sec. 110-360. Parking and loading.
In the M-1 light industrial and research and development district, offstreet parking shall be as
provided in section 110-491 et seq. and offstreet loading shall be as provided in section 110-506 et seq.
(Code 1981, ch. 638.17)
Secs. 110-361--110-370. Reserved.
DIVISION 7. TOWNHOUSES
Sec. 110-371. Permitted use.
Townhouses are permitted as an allowed use in R-2 and R-3 districts.
(Code 1981, ch. 639)
Sec. 110-372. Area and dimensions.
Townhouse area and dimensions shall be as follows:
(1) Minimum area to be developed shall be 6,250 square feet.
(2) Minimum lot area shall be 1,600 square feet.
(3) Minimum lot width shall be 20 feet.
(4) Minimum lot depth shall be 70 feet.
(5) Maximum lot coverage by all buildings shall be 40 percent of the site area.
(6) Minimum floor area shall be as follows:
a. One bedroom, 650 square feet per dwelling unit.
b. Two bedrooms, 750 square feet per dwelling unit.
c. Additional bedrooms, 200 square feet per bedroom.
(7) Maximum building length or width shall be 185 feet.
Until December 31, 1993, 50 and 75 -foot -wide nonconforming lots of record may have 16 -foot -wide
townhouse lots.
(Code 1981, § 639.03)
Sec. 110-373. Minimum setbacks.
For townhouses, the minimum setbacks required shall be as follows:
(1) Front, 25 feet.
(2) Side, end unit, eight feet.
(3) Side, interior unit, zero feet.
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(4) Rear, 15 feet.
(5) Side, corner lot, 25 feet; on all nonconforming lots of record, 15 feet.
(Code 1981, § 639.03)
Sec. 110-374. Offstreet parking.
For a townhouse, there shall be a minimum of three parking spaces for each living unit located
on the same property as the main building. The minimum of three parking spaces shall be required of
all living units of three bedrooms or less. Living units containing in excess of three bedrooms shall
require an additional parking space for each bedroom in excess of three.
(Code 1981, § 639.05)
Sec. 110-375. Utilities.
For townhouse utilities, the following shall apply:
(1) All utility distribution systems, including but not limited to television cable, telephone
and electrical systems shall be installed underground. Primary facilities providing
services to the site may be excluded.
(2) A five-foot public access easement shall be provided along each side and across
the rear of the site.
(Code 1981, § 639.07)
Sec. 110-376. Preservation of trees.
For townhouses, during the development of the subdivision, all trees of four inches in diameter
or larger shall be preserved or replaced, unless they exist within:
(1) A proposed public or private easement.
(2) A proposed structure dimension.
(3) A proposed driveway or designated parking area.
(4) Ten feet of a proposed structure.
(Code 1981, § 639.09)
Sec. 110-377. Individually platted lots.
Each townhouse unit shall be located on an individually platted lot. If there exists areas for
common use of the occupants, the plat will not be approved until satisfactory arrangements are made
for maintenance and presented to the city. Individual maintenance procedures shall be submitted to the
planning and zoning board to ensure that all public areas in common open spaces shall be maintained
in a satisfactory manner without expense to the city.
(Code 1981, § 639.11)
Sec. 110-378. Building permit.
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The townhouse developer must file an application for a building permit. The application must be
in a format approved by the building official and shall include all elements necessary for multi -family
construction in accordance with section 110-221 et seq. The expiration date of the building permit shall
be in accordance with section 106.6.1 of the building code adopted in section 82-31.
(Code 1981, § 639.13)
Sec. 110-379. Development schedule.
A townhouse development schedule shall be submitted for review to the planning and zoning
board, who may approve, approve subject to conditions or disapprove. When submitted, the
development schedule shall indicate the staging of construction and the staging of open space or other
common use areas for conveyance, dedication or reservation; the geographic stages in which the
project will be built; the approximate date when construction of each stage shall begin; and its
anticipated completion date. Provisionfor the construction of cultural and recreational facilities which are
shown on the site plan shall proceed at an equivalent or greater rate as the construction of the dwelling
units.
(Code 1981, § 639.15)
DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT
Sec. 110-380. Intent.
The requirements for the C-2 commercial/manufacturing district are intended to apply to an area
adjacent to major arterial streets, located adjacent to existing commercial or manufacturing uses and
convenient to major residential areas. This district would be associated with a mix of low density
commercial and light industrial. The types of uses permitted are intended to serve employment and
consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist.
All principal uses permitted in this zone shall be contained in an enclosed structure.
(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 01-2007, § 3, 2-20-07)
Sec. 110-381. Principal uses and structures.
In the C-2 commercial/manufacturing district, the following uses and structures are permitted:
1. Retail stores, sales and display rooms, and shopping centers.
2. Personal service establishments, such as beauty shops and barbershops, laundry
and dry cleaning pickup stations, tailor shops, daycare and similar uses.
3. Dry cleaning establishments using non-flammable solvents and cleaning fluids as
determined by the fire chief.
4. Professional offices, studios, clinics, laboratories, general offices, business schools,
data processing and similar uses.
5. Banks and financial institutions.
6. Places in which goods are produced and sold at retail upon the premises.
7. Eating establishments, bakeries and delicatessens.
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8. Non-commercial public parks; commercial indoor playgrounds; clubs and lodges;
cultural facilities; hospitals; clinics; mortuaries and funeral homes (excluding
crematories); government offices; schools; adult and youth centers; churches; reading
rooms and similar uses.
9. Vocational and trade schools not involving operations of an industrial nature, such as
truck driving schools.
10. Repair service establishments, such as household appliances, radio, television and
similar uses (excluding automobile repairs).
11. Automotive service stations, subject to the following:
a. All setbacks shall be no less than 25 feet from any portion of the building,
including pump islands.
b. Underground storage is required for all receptacles for combustible materials
in excess of 55 gallons. Such storage shall comply with all Environmental
Protection Agency standards.
c. The accumulation and storage of waste petroleum products is forbidden,
unless in compliance with Environmental Protection Agency standards.
d. Curb cuts shall be made in accordance with section 110-493.
e. No service stations shall be erected or located within 150 feet of the property
line of any church, hospital, school or park.
f. A visual screen, meeting the specifications of section 110-566, shall be
provided along any property line abutting a residential district or residential use.
g. Services and sales permissible include only the following:
1. Spark plugs, batteries, distributor parts, ignition system parts, vehicle
wiring and the like.
2. Exhaust system components, engine cooling components, automotive
air conditioning system components, braking system components, vehicle
lighting system components, radios, steering assembly parts, fuel system
components and the like.
3. Tire servicing and repair, but not recapping.
4. Washing and polishing, including the sale of related materials.
5. Greasing, oil changes and other lubrication.
6. Sale of cold drinks, package foods, tobacco and similar convenience
goods for service station customers.
7. Road maps, informational materials and restroom facilities.
h. Vehicles shall not be parked outside the building for more than four days,
such four days to be considered as an accumulated parking time, whether
consecutive or accumulated.
i. Uses permissible at a service station do not include body work, straightening
of body parts, painting, welding (other than minor repairs), storage of
automobiles not in operating condition or other work involving noise, glare,
fumes, smoke or other characteristics to an extent greater than normally found in
service stations. A service station is not a body shop.
j. Automotive parts, new or used, shall not be stored outside.
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k. Vehicles are not to be dismantled or scrapped for parts.
I. Engine and transmission overhaul may be performed only inside the service
bays.
m. A minimum of two enclosed service bays and a customer waiting area must
be provided if maintenance and repairs are a part of the business.
n. A minimum building size of 2,000 square feet shall be provided.
o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or
joints in the pavement.
p. Landscaping shall conform to section 110-566.
q. Service stations shall not be erected or located within 2,000 feet of the
property line of another service station.
12. Light manufacturing, including:
a. Instruments for controlling, measuring and indicating physical characteristics.
b. Optical instruments and lenses.
c. Surgical, medical and dental instruments and supplies.
d. Ophthalmic goods.
e. Watches, clocks, clockwork -operated devices and parts.
f. Photographic equipment and supplies.
g. Jewelry, silverware, plated ware.
h. Musical instruments and parts.
i. Toys, amusements, sporting and athletic goods.
j. Radio, TV, phonograph and electronics instruments and parts.
k. Pens, pencils and other office and artist materials.
I. Costume jewelry, costume novelties, buttons and notions.
m. Other similar uses.
(Ord. No. 4-99, § 1, 7-6-99)
Sec. 110-382. Accessory uses and structures.
In the C-2 commercial/manufacturing district, customary accessory uses of one or more of the
principal uses, clearly incidental and subordinate to the principal use, in keeping with the commercial
manufacturing character of the district, are permitted.
(Ord. No. 4-99, § 1, 7-6-99)
Sec. 110-383. Special exceptions permissible by the board of adjustment.
(a) In the C-2 commercial/manufacturing district, 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.
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(b) The board of adjustment may adjust setbacks and provisions noted in article IX of this
chapter as necessary and appropriate in granting special exceptions.
(c) Special exceptions may be permitted for the following:
1. Plant nurseries and greenhouses, provided that all outside display of merchandise
are contained within the required setbacks.
2. Vocational and trade schools involving operations of an industrial nature.
3. Radio and television studios.
4. Temporary security facilities, subject to annual review.
5. Veterinary hospitals and clinics, subject to the provisions designated in division 5 of
this article for the C-1 district.
6. Sales of new and used automobiles, major recreational equipment and mobile
homes with accessory services, subject to the following:
a. Outside areas where merchandise is displayed shall be paved.
b. All ingress and egress points to abutting streets shall be marked clearly and
placed not closer than 30 feet apart on the same street.
c. All servicing and repair activities, except gasoline pumps, shall be located in
an enclosed structure.
d. There shall be no storage of junked or wrecked automobiles, other than
temporary storage, not to exceed 30 days. These vehicles shall be within an
enclosed area and not be visible from outside the property.
e. Ingress and egress points shall not be placed so as to endanger pedestrian
traffic.
7. Commercial establishments for the storage of parking recreational vehicles, trailers
and trailerable items, provided it meets the following, as a minimum:
a. Minimum lot size of 10,000 square feet.
b. Vehicle storage area must be obscured from view by either walls, fences or
hedges.
c. Walls, fences and hedges must comply with all city rules and regulations and
must be kept in good condition, so as to ensure obstruction from view.
8. Public utility equipment: Uses and rights-of-way essential to serve the neighborhood
in which it is located.
9. Theaters, drive-in theaters, photographic studios, bookstores and dance studios,
unless such uses fall within the scope and restrictions of section 10-86, et seq.
10. Carwashes, including polishing and sale of related materials.
11. Mini -storage and storage warehouses.
12. Commercial establishments which sell, dispense, serve or store alcoholic
beverages or which permit the consumption of alcoholic beverages on their premises
subject to section 110-171.
13. Vehicle rental facility, as provided in § 110-556 of this Code.
(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2003, § 2, 3-4-03)
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Sec. 110-384. Prohibited uses and structures.
In the C-2 commercial/manufacturing district, the following uses and structures are prohibited:
1. All uses not specifically or provisionally permitted in this division.
2. Any use which fails to meet performance standards specifications as provided in
section 110-466.
3. Bottle clubs.
4. Crematoriums (animal or human).
(Ord. No. 4-99, § 1, 7-6-99)
Sec. 110-385. Area and dimensions.
In the C-2 commercial/manufacturing district, the following areas and dimensions shall be
required:
1. Minimum lot area shall be as follows:
a. Service stations, 12,000 square feet.
b. All other principal uses and structures shall be 10,000 square feet.
2. Minimum lot width shall be as follows:
a. Service stations, 100 feet.
b. All other principal uses and structures shall be 75 feet.
3. Minimum lot depth shall be 100 feet.
4. Maximum lot coverage shall be 50 percent.
5. Minimum floor area shall be 300 square feet.
6. Maximum height shall be 45 feet.
(Ord. No. 4-99, § 1, 7-6-99)
Sec. 110-386. Minimum setbacks.
In the C-2 commercial/manufacturing district, the minimum setbacks required shall be as
follows:
1. Front, 25 feet.
a. (See § 110-356 for special setback.)
2. Side (interior lot line) 15 feet, except where industrial property abuts a residential
district, in which case the minimum side interior lot shall be 25 feet.
3. Side (corner lot line), 25 feet.
4. Rear, 15 feet, except where industrial property abuts a residential district, in which
case the minimum rear yard requirement shall be 25 feet.
5. Public or private street, 25 feet.
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a. (See Section 110-356 for special setbacks.)
(Ord. No. 4-99, § 1, 7-6-99)
Sec. 110-387. Landscaping, screening and parking.
In the C-2 commercial/manufacturing district, landscaping, screening and parking shall be as
provided in article IX of this chapter.
(Ord. No. 4-99, § 1, 7-6-99)
Sec. 110-388. Performance standards.
In the C-2 commercial/manufacturing district, performance standards shall be as provided in
section 110-466, et seq.
(Ord. No. 4-99, § 1, 7-6-99)
Sec. 110-389. Parking and loading.
In the C-2 commercial/manufacturing district, off-street parking shall be as provided in section
110-491, et seq., and off-street loading shall be as provided in section 110-506, et seq.
(Ord. No. 4-99, § 1, 7-6-99)
Secs. 110-390--110-400. Reserved.
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