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HomeMy WebLinkAboutPacket 09-18-2007 WorkshopCALL TO ORDER: ROLL CALL: DISCUSSION: ,'_,ity of Cape Canaveral JCIL WORKSHOP MEETING LANNING & ZONING BOARD :ITY HALL ANNEX nue, Cape Canaveral, Florida TUESDAY eptember 18, 2007 5:30 PM AGENDA 1. City Code Review: Article VI Site Plans, 110-274(2) through 110-389. 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 CODE REVIEW WORKSHOP MEETING WITH THE PLANNING & ZONING BOARD CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 5, 2007 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 Council Member Bob Hoog Leo Nicholas Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Planning and Zoning Board Members Present: Chairperson Bea McNeely Vice Chairperson R. Lamar Russell (Arrived at 5:40 P.M.) Donald Dunn Dr. John Fredrickson Ronald Friedman John Johannson (Absent) Harry Pearson Others Present: Bennett Boucher City Manager Kate Latorre City Attorney Susan Stills City Clerk DISCUSSION: 1. City Code Review: Article VI Site Plans, 110-253 - (a) and (b) through 110-339. City of Cape Canaveral. Florida City Council Code Review Workshop June 5. 2007 Page 2 of 4 Section 110-253 (a) and (b). Mayor Randels inquired if Site Plans or plot plans related to areas that have been used were available for computing the number of living units. Mr. Boucher explained how if a person planned to use a neighboring lot, then both lots were counted as part of their density. Mayor Pro Tem Hoog clarified that if the property were re -platted then the property would become two individual lots. Mr. Nicholas stated that the Ocean Woods development did not exceed the fifteen (15) units per acre. Lamar Russell, Planning and Zoning Board Vice -Chairperson, recalled that the Building Department maintained a file of plot plans and Site Plans. Mr. Boucher informed that the City had a density map but not one for Site Plans and approved plot plans. Mr. Nicholas said that the documents should remain within the file on that parcel. Ms. Roberts related the community's concern of the absence of a Master Plan. Section 110-254. Mayor Pro Tem Hoog stated that he read in the final sentence that one would have to maintain that minimum and a person could not sell their setback. Mr. Russell stated that there was property with a common setback. He clarified that the last sentence established that one could not create a non -conforming lot and one must have a minimum lot and a minimum setback. Mr. Russell stated that this paragraph established that each property must be built on a lot and the lot must be on a street. Mr. Friedman questioned if there were any landlocked properties. Mr. Russell explained how the City Attorney established a "prescriptive easement" to resolve an issue of a driveway abutting two properties in the City. Mr. Nicholas noted that such parcels might exist just off the North Atlantic Avenue corridor. Section 110-256. Mr. Boucher stated that he would default to the State statutes on Annexation. Mayor Randels questioned if the Section was needed. Mr. Russell replied that the Section was needed. Harry Pearson, Planning and Zoning Board Member, expressed the thought to change the language from "may be annexed" to "shall be annexed." Discussion expressed how, "at the time of relating to establishing the zoning classification could include those months prior or subsequent to an annexation. Discussion concluded on the proposed Annexation of 2004. Section 110-257 Council and the Planning Board Members agreed to eliminate Section 110-257 from the City Code. Attorney Latorre explained that this Section agreed to allow some article that was prohibited in another part of the Code. City of Cape Canaveral, Florida City Council Code Review Workshop June 5, 2007 Page 3 of 4 Section 110-272 Ms. Roberts stated that there appeared to be more language in the proposed Ordinance related to resort dwellings defining R-1 zoning. Attorney Latorre explained that this could be brought out for amendment at the next Code Review meeting. Ms. Roberts referred to the definition of R-1 in proposed Ordinance No. 04-2007. Attorney Latorre stated that the Council could not conduct Workshop discussion on language related to a proposed amendment. Mr. Boucher suggested discussion on this section following the conclusion of the Resort Dwelling issue. Section 110-273 - Accessory Uses and Structures. Mr. Nicholas pointed out that this discussion was moot since there were no residential areas [R-1 ] with boat docks. Mr. Boucher identified that the river was not over 100 -feet wide; therefore, the Section did not apply. Mr. Russell explained that the Council would attempt to say that it desired commercial piers. He explained further how people with a boat dock built them in any fashion. He asked if the Council desired to regulate boat docks on the river. Mr. Boucher read City Code Section 110-552 relating to people using boats as a primary residence and moored, or parked, within 100 -feet from the shoreline within City limits for longer than 15 days. This was not permissible unless certification was given to the Building Official related to sewage treatment. Section 110-274 — Special Exceptions Permitted by the Board of Adjustment. Ms. Roberts asked why this was a Board of Adjustment issue. Mr. Nicholas explained that Special Exceptions were addressed first by the Planning and Zoning Board who made a recommendation to the Board of Adjustment. Mr. Boucher clarified that the Board of Adjustment made final decisions on the Special Exceptions. Mr. Boucher explained that Procedures outlining the Planning and Zoning Board were in another part of the code. Mr. Pearson asked what was considered a "semi-public" park. Mayor Pro Tem Hoog used the Cape View Elementary School Joint Use playground as an example. Mr. Russell stated that Planning and Zoning Board's intent in these matters was to address items related to the Comprehensive Plan. Ms. Roberts questioned the Special Exception process, if the Council would take a more active role in that process, and for clarification on the Board of Adjustment's authority. Ms. Roberts expressed her concern that the Council was not active on the issues presented to the Board of Adjustment and she expressed that the Council should weigh-in on those issues Attorney Latorre replied that this would require a shift in Board processes. Mr. Nicholas stated that the Council could appoint itself as the Board of Adjustment. However, the intent was to remove political perception from the City's zoning issues. City of Cape Canaveral, Florida City Council Code Review Workshop June 5, 2007 Page 4 of 4 Mayor Pro Tem Hoog stated that the City Boards were established to make recommendations to the City Council_ Ms. Roberts related that she had received strong commentary from residents that the Council was not active on the City's zoning issues. She stated that the Council should be involved. Ms. Roberts also stated that she could not envision the presentation of a public park and the Council not being involved in the process. Mayor Pro Tem Hoog re -stated that the intent was to remove political perception from the discussion on the City's zoning issues. Mayor Pro Tem Hoog recommended adjourning the meeting due to the time. Council members agreed by consensus to adjourn. The Chair made a note to begin discussion with Section 110-274 Item No. 2. ADJOURNMENT: There being no further discussion, the Chair adjourned the meeting at 6:55 P.M. Susan Stills, CMC, CITY CLERK ARTICLE VI. SITE PLANS* Sec. 110-224. Expiration. All site plans under this article shall expire in 12 months from the final approval of the planning and zoning board, unless the building permit is issued or the applicant files with the city in writing a time extension for such site plan. The planning and zoning board shall recommend at its discretion such requests for city council approval by resolution only if justifiable cause is demonstrated and there have been no changes in any regulations in the interim. If granted, there shall be a one-time extension for no longer than six months. (Code 1981, § 645.05; Ord. No. 10-91, §§ 1, 2, 11-7-91) Secs. 110-225--110-245. Reserved. ARTICLE VII. DISTRICTS* *Cross references: Sign regulations for shopping centers, § 94-100. DIVISION 1. GENERALLY Sec. 110-246. Official zoning map --Adopted. (a) The city is divided into zones or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted reference and declared to be part of this chapter. The official zoning map shall be identified by the signature of the mayor, attested to by the city clerk and bearing the seal of the city under the following words: "This is to certify that this is the official zoning map referred to in section 110-246 of the Code of Ordinances of the City of Cape Canaveral, Florida," together with the date of the adoption of the ordinance from which this chapter is derived. (b) The official zoning map in effect at the time of passage of the ordinance from which this chapter is derived shall remain in effect and shall be reidentified as provided in subsection (a) of this section. If, in accordance with this chapter and state law, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by the city council, together with an entry on the official zoning map as follows: "On (date), by official action of the city council, the following change(s) were made in the official zoning map: (brief description of nature of change)," which entry shall be signed by the mayor and attested by the city clerk. The amending ordinance shall provide that such changes or amendments shall not become effective until they have been duly entered upon the official zoning map or matter shown thereon except in conformity with the procedures set forth in this chapter. (c) Any unauthorized change in the official zoning map of whatever kind by any person shall be considered a violation of this chapter and punishable as provided in section 1-15. (d) Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be stored in city hall when not in use and readily available to the public shall be the final authority as to the zoning status of land and water areas, buildings and other structures in the city. (Code 1981, § 633.01) Sec. 110-247. Same --Replacement. If the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof as published in this chapter. The new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and shall bear the seal of the city under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as part of Ordinance No. 2-83 of the City of Cape Canaveral, Florida." Unless the prior official zoning map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment. (Code 1981, § 633.03) Sec. 110-248. Rules for interpretation of district boundaries. Where uncertainty exists as to the boundaries of zoning districts as shown on the official zoning map, the following rules shall apply: (1) Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines. (2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. (3) Boundaries indicated as approximately following the city limits shall be construed as following the city limits. (4) Boundaries indicated as following a shoreline or bulkhead line shall be construed to follow such shoreline or bulkhead line and, if change in the shoreline or bulkhead line occurs, shall be construed as following the original shoreline or bulkhead line; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines. (5) Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map. (6) If the actual location of physical features varies from those shown on the official zoning map or in other circumstances not covered by subsections (1) through (4) of this section, the board of adjustment shall interpret the district boundaries. (Code 1981, § 633.05) Sec. 110-249. Application of district requirements. The requirements set by this chapter within each zoning district shall be minimum requirements and shall apply uniformly to each class or kind of structure or land, and particularly as provided in sections 110-250 through 110-257. (Code 1981, § 635.00) Sec. 110-250. Conformity. No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the sections specified for the district in which it is located. (Code 1981, § 635.01) Sec. 110-251. Structure height, maximum units, lot area, setbacks. No building or other structure shall be erected or altered to: (1) Exceed the height; (2) Accommodate or house a greater number of families; (3) Occupy a greater percentage of lot area; (4) Have narrower or smaller rear setback, front setback, side setback or other open spaces than required; or (5) In any other manner be contrary to this chapter. (Code 1981, § 635.03) Sec. 110-252. Duplicate use of setbacks, open space, parking space. No part of a setback or open space or offstreet parking or loading space required in connection with any building for the purpose of complying with this chapter shall be included as part of a setback, open space or offstreet parking or loading space similarly required for any other building. (Code 1981, § 635.05) Sec. 110-253. Reuse of area used for density calculations. (a) The area used in either a site plan or plot plan to determine the number of living units allowed on that area shall not be reused in computing the number of living units for that area or for any subsequent area used with that area. (b) The building department shall maintain a file of site plans or plot plans and a map which shall evidence which areas have been used in computing numbers of living units. Upon application to the planning and zoning board, the planning and zoning board shall have the discretion to accept a revised site plan, provided the revised site plan shall not exceed the maximum number of living units for any or all of the site. (Code 1981, § 635.07) Sec. 110-254. Dimension or area reduction below minimum. No setback or lot existing at the time of passage of the ordinance from which this section is derived shall be reduced in dimension or area below the minimum requirements set forth in this chapter. Setbacks or lots created after the effective date of the ordinance from which this section is derived shall meet the minimum requirements established by this chapter. (Code 1981, § 635.09) Sec. 110-255. Lot and street requirements for structures. Every building or structure erected shall be located on a lot and shall be on a lot adjacent to a public street or with access to a public street. For a parcel of land which is not adjacent to a public street, the front of such parcel shall be that boundary or side which is adjacent to the legal access. (Code 1981, § 635.11) Sec. 110-256. Zoning classification of annexations. The zoning classification of all property which may be annexed to the city shall be determined by the city council upon recommendation of the planning and zoning board at the time of annexation. (Code 1981, § 635.13) Sec. 110-257. Unusual uses or uses not specifically permitted. Any zoning use which, in the opinion of the building official, is similar to a permitted use shall be treated in the same manner as the use to which it is similar. Any application to permit a use which, in the opinion of the building official, is not similar to a listed permitted use or due to its nature is an unusual use shall be referred to the board of adjustment which will, according to the procedures set forth for a special exception in article II of this chapter, determine the proper zone for such use. The board of adjustment may prescribe appropriate additional conditions and safeguards in the public interest. (Code 1981, § 635.15) Secs. 110-258--110-270. Reserved DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT* *Cross references: Sign restrictions in R-1 low density residential district, § 94-96. Sec. 110-271. Intent. The requirements for the R-1 low density residential district are intended to apply to an area of single-family unattached residential development. Lot sizes and other restrictions are intended to promote and protect a high quality of residential development. (Code 1981, § 637.01) Sec. 110-272. Principal uses and structures. The principal uses and structures in the R-1 low density residential district are as follows: Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel. Dwelling unit rentals of less than seven days are prohibited. (Code 1981, § 637.03) Sec. 110-273. Accessory uses and structures. In the R-1 low density residential district, accessory uses and structures shall be permitted as follows: (1) Noncommercial piers, boathouses and loading places intended solely for the use of the adjoining residences, providing that the following conditions are met: a. No dock or pier shall extend over five feet beyond the property line, unless the abutting waterway is over 100 feet in width at such point where the pier or dock is constructed. b. No watercraft moored to such use shall be used as living quarters, except as provided by section 110-552. c. All applicable regulations and restrictions of the U.S. Army Corps of Engineers and other federal, county, state and local controls shall be adhered to. (2) Noncommercial botanical nurseries and greenhouses. (3) Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including garages, carports and the like, in keeping with the residential character of the district. (4) Home occupations subject to section 110-521 et seq. (Code 1981, § 637.05) Sec. 110-274. Special exceptions permissible by board of adjustment. In the R-1 low density residential district, the following special exceptions shall be permitted by the board of adjustment: (1) Public and semipublic parks, playgrounds, playfields, recreation facilities and adult congregate living facilities. (2) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (Code 1981, § 637.07) Sec. 110-275. Prohibited uses and structures. In the R-1 low density residential district, all uses not specifically or provisionally permitted in this division and any use not in keeping with the single-family residential character of the district, including two-family and multiple -family dwellings, townhouses and mobile home parks, are prohibited. (Code 1981, § 637.09) Sec. 110-276. Area and dimensions. In the R-1 low density residential district, the following area and dimensions shall be required: (1) Minimum lot area shall be 7,500 square feet. (2) Minimum lot width shall be 75 feet. (3) Minimum lot depth shall be 100 feet. (4) Maximum lot coverage shall be 40 percent. (5) Minimum living area shall be 1,100 square feet. (6) Maximum height shall not exceed 25 feet. (Code 1981, § 637.11) Sec. 110-277. Minimum setbacks. In the R-1 low density residential district, the required: (1) Front, 25 feet. (2) Side (interior lot line), eight feet or ten percent of lot, (3) Side (corner lot line), 25 feet. (4) Rear, 25 feet; 20 feet when abutting an alley. (5) Public or private street, 25 feet. (Code 1981, § 637.11) following minimum setbacks shall be whichever is greater, up to 20 feet. Sec. 110-278. Offstreet parking and access. In the R-1 low density residential district, offstreet parking area and access to a public or private street shall be provided in accordance with section 110-491 et seq. (Code 1981, § 637.13) Secs. 110-279--110-290. Reserved. DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT* *Cross references: Sign restrictions in the R-2 medium density residential district, § 94-97. Sec. 110-291. Intent. The requirements for the R-2 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. (Code 1981, § 637.15) Sec. 110-292. Principal uses and structures. In the R-2 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre, and dwelling unit rentals of less than seven days are expressly prohibited. (Code 1981, § 637.17; Ord. No. 17-96, § 1, 10-1-96) Sec. 110-293. Accessory uses and structures. In the R-2 medium density residential district, accessory uses and structures shall be permitted as follows: (1) Noncommercial piers, boathouses and loading places intended solely for the use of the adjoining residences, provided the following conditions are met: a. No dock or pier shall extend over five feet beyond the property line, unless the abutting waterway is over 100 feet in width at such point where the pier or dock is constructed. b. No watercraft moored to such use shall be used as living quarters, except as provided by section 110-552. c. All applicable regulations and restrictions of the U.S. Army Corps of Engineers and other federal, county, state and local controls shall be adhered to. (2) Noncommercial botanical nurseries and greenhouses. (3) Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including garages, carports and the like, in keeping with the residential character of the district. (4) Home occupations, subject to section 110-521. (5) Parking lots and facilities in conjunction with one or more principal uses. (Code 1981, § 637.19) Sec. 110-294. Special exceptions permissible by board of adjustment. In the R-2 medium density residential district, the following special exceptions shall be permissible by the board of adjustment: (1) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (2) Public and nonprofit private schools with conventional curriculums; public libraries. (3) Churches and other places of worship; parish houses. (4) Public safety structures and equipment, such as fire substations, civil defense facilities and the like. (5) Public and semipublic parks, playgrounds, playfields and recreation facilities. (Code 1981, § 637.21) Sec. 110-295. Prohibited uses and structures. In the R-2 medium density residential district, all uses and structures not specifically or provisionally permitted in this division are prohibited. (Code 1981, § 637.23) Sec. 110-296. Area and dimension. In the R-2 medium density residential district, the following area and dimensions shall be required: (1) Minimum lot area shall be as follows: a. One- and two-family, 7,500 square feet. b. Multiple -family, 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 35 percent. (5) Minimum living or floor area shall be as follows: a. One -family, 1,100 square feet per dwelling unit. b. Two-family, 750 square feet per dwelling unit. c. Multiple family, as follows: 1. Efficiency, 450 square feet per dwelling unit. 2. One bedroom, 650 square feet per dwelling unit. 3. Two bedrooms, additional bedrooms, 750 square feet per dwelling unit (plus 200 square feet for each additional bedroom). (6) Maximum height shall not exceed 25 feet. (7) Maximum length or width of a structure shall not exceed 185 feet. (Code 1981, § 637.25) Sec. 110-297. Minimum setbacks. (a) In the R-2 medium density residential district, the following minimum setbacks shall be required. (1) Front, 25 feet. (See subsection (b) of this section.) (2) Side (interior lot line), eight feet or ten percent of width of lot, whichever is greater, up to 15 feet. (3) Side (corner lot line), 25 feet; on all nonconforming lots of record, 15 feet. (4) Rear, 15 feet. (5) Public or private street, 25 feet. (b) See section 110-536 for special setbacks. (Code 1981, § 637.25) Sec. 110-298. Offstreet parking and access. In the R-2 medium density residential district, offstreet parking and access to a public or private street shall be provided in accordance with section 110-491 et seq. (Code 1981, § 637.27) Secs. 110-299--110-310. Reserved. DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT* *Cross references: Sign restrictions in the R-3 medium density residential district, § 94-98. Sec. 110-311. Intent. The requirements for the R-3 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. (Code 1981, § 637.29) Sec. 110-312. Principal uses and structures. In the R-3 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre, and dwelling unit rentals of less than seven days are expressly prohibited. (Code 1981, § 637.31; Ord. No. 17-96, § 2, 10-1-96) Sec. 110-313. Accessory uses and structures. In the R-3 medium density residential district, the following accessory uses and structures shall be permitted: (1) Noncommercial piers, boathouses and loading places intended solely for the use of the adjoining residences, provided the following conditions are met: a. No dock or pier shall extend over five feet beyond the property line, unless the abutting waterway is over 100 feet in width at such point where the pier or dock is constructed. v b. No watercraft moored to such use shall be used as living quarters, except as provided by section 110-552. c. All applicable regulations and restrictions of the U.S. Army Corps of Engineers and other federal, county, state and local controls shall be adhered to. (2) Noncommercial botanical nurseries and greenhouses. (3) Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including garages, carports and the like, in keeping with the residential character of the district. (4) Home occupations subject to section 110-521. (5) Parking lots and facilities in conjunction with one or more principal uses. (Code 1981, § 637.33) Sec. 110-314. Special exceptions permissible by board of adjustment. In the R-3 medium density residential district, special exceptions permissible by the board of adjustment shall be as follows: (1) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (2) Public and nonprofit private schools with conventional curriculums; public libraries. (3) Churches and other places of worship; parish houses. (4) Public safety structures and equipment, such as fire substations, civil defense facilities and the like. (5) Public and semipublic parks, playgrounds, playfields and recreation facilities. (Code 1981, § 637.35) Sec. 110-315. Prohibited uses and structures. In the R-3 medium density residential district, all uses and structures not specifically or provisionally permitted in this division are prohibited. (Code 1981, § 637.37) Sec. 110-316. Area and dimensions. In the R-3 medium density residential district, area and dimensions shall be as follows: (1) Minimum lot area shall be as follows: a. One- and two-family, 7,500 square feet. b. Multiple -family, 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 35 percent. (5) Minimum living or floor area shall be as follows: a. One -family, 1,100 square feet per dwelling unit. b. Two-family, 750 square feet per dwelling unit. c. Multiple family, as follows: 1. Efficiency, 450 square feet per dwelling unit. 2. One bedroom, 650 square feet per dwelling unit. 3. Two bedrooms, additional bedrooms, 750 square feet per dwelling unit plus 200 square feet for each additional bedroom. (6) Maximum height shall not exceed 45 feet. (7) Maximum length or width of a structure shall not exceed 185 feet. (Code 1981, § 637.39) Sec. 110-317. Minimum setbacks. (a) In the R-3 medium density residential district, the minimum setbacks required shall be as follows: (1) Front, 25 feet. (See subsection (b) of this section.) (2) Side (interior lot line), eight feet or ten percent of width of lot, whichever is greater, up to 15 feet. (See subsection (b) of this section.) (3) Side (corner lot line), 25 feet; on all nonconforming lots of record, 15 feet. (4) Rear, 15 feet. (5) Public or private street, 25 feet. (b) See section 110-536 for special setbacks. (c) Side setbacks for all lots contiguous with the ocean beach shall be ten feet or ten percent of the width of the lot, whichever is greater, up to 15 feet. (Code 1981, § 637.39) Sec. 110-318. Offstreet parking and access. In the R-3 medium density residential district, offstreet parking and access to a public or private street shall be provided in accordance with section 110-491 et seq. (Code 1981, § 637.41) Sec. 110-319. Minimum In the R-3 mediurr dimension of the property include required setbacks. (Code 1981, § 637.43) breeze requirement. density residential district, at least 25 percent of the north/south shall be open to the breeze in an east/west direction. This shall Sec. 110-320. Dune crossovers required. In the R-3 medium density residential district, site plans with four or more units on parcels on the Atlantic Ocean shall provide dune crossovers conforming to specifications of the state department of environmental protection. All such crossovers shall be maintained in a safe condition by the owners of the property. All crossovers will be allowed to be built within the setback area, provided a state department of environmental protection permit is obtained, and there will be no requirement for a variance to allow these structures to be built in the setback area. (Code 1981, § 637.44) Sec. 110-321. Protection of public beach -end parking. In the R-3 (medium -density residential) zoning district there exists beach -end public parking as described in the following schedule: TABLE INSET: Public Beach Access # of Public Spaces Location (side of street) 1 Harbor Heights 12, plus 1 handicapped East side 2 Canaveral Sands 0 N/A 3 Washington 10North side 4 Adams 8 North side 5 Jefferson 8 North side 6 Madison 14 North side 7 Monroe 15 North side 8 Jackson 16, plus 1 handicapped North side 9 Harrison 14 North side 10 Tyler 14 North side 11 Polk 7, plus 1 handicapped North side 12 Taylor 14 North side 13 Fillmore 13 North side 14 Pierce 14 North side 15 Buchanan 12, plus 1 handicapped North side 16 Lincoln 9 North side 17 Johnson 10 North side Access to property tying adjacent to these public parking facilities shall be subject to the following: (1) Ingress removal or herein. and egress to future development or redevelopment projects shall not cause the reduction of any existing beach -end public parking spaces, except as provided (2) If, by operation of this section, ingress and egress to the property is denied, the property owner may apply for a variance under this chapter. To be entitled to such a variance, the property owner must demonstrate that no reasonable alternative ingress or egress is available. Reasonable alternatives include, but are not limited to, existing driveways, alleys, or access easements. This subsection is supplemental and in addition to any requirements provided within section 110-62 or any other provisions of the City Code. (3) Where a variance is granted, the maximum number of beach -end public parking spaces to be removed shall be two spaces or 20 feet. (4) For any multiple -dwelling -unit development or redevelopment, ingress and egress access shall only be provided through a single shared driveway to minimize the elimination of beach - end public parking spaces. (Ord. No. 37-2003, § 2, 10-21-03) Secs. 110-322--110-330. Reserved. DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT* *Cross references: Sign regulations in the C-1 low density commercial district, § 94-99. Sec. 110-331. Intent. The requirements for the C-1 low density commercial district are intended to apply to an area adjacent to major arterial streets and convenient to major residential areas. The types of uses permitted are intended to serve the consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. Lot sizes and other restrictions are intended to reduce conflict with adjacent residential uses and to minimize the interruption of traffic along thoroughfares. All buildings in this district shall be considered in the fire district, as per the definition in section 110-1, and shall be built in conformance with the rules and regulations of fire districts. (Code 1981, § 637.45) Sec. 110-332. Principal uses and structures. In the C-1 low density commercial district, the following uses and structures are permitted: (1) Retail stores, sales and display rooms. (2) Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations, tailor shops and similar uses. (3) Professional offices, studios, clinics, laboratories, general offices, business schools and similar uses. (4) Hotels, motels with a minimum of 150 rental units. In no case shall there be more than 30 rental units per net acre nor shall a rental unit have a floor area less than 300 square feet. Hotel and motel units containing provisions for cooking or light housekeeping shall have a minimum floor area not less than 400 square feet. Motels and hotels may not be converted to other types of dwellings at more than the density required in this chapter for such dwellings. (5) Eating establishments. (6) Public and semipublic parks, playgrounds, clubs and lodges, cultural facilities, hospitals, clinics, mortuaries, funeral homes, government offices, schools, churches and similar uses. (7) Banks and financial institutions. (8) Commercial recreation, such as driving ranges, bowling alleys and similar uses. (9) Plant nurseries and greenhouses, provided that all outside display merchandise shall be contained in the required setbacks. (10) Repair service establishments, such as household appliances, radio and TV and similar uses, but not including automobile repairs. (11) Kindergartens and child care facilities. (12) Shopping centers and malls. (13) Retail sale of beer and wine for off -premises consumption. (14) Public schools. (Code 1981, § 637.47; Ord. No. 17-96, § 3, 10-1-96; Ord. No. 04-2006, § 2, 6-20-06) Sec. 110-333. Accessory uses and structures. In the C-1 low density commercial district, customary accessory uses of one or more of the principal uses clearly incidental and subordinate to the principal use, in keeping with the low density commercial character of the district, are permitted. (Code 1981, § 637.49) 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. Ail 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 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 and multiple -family dwellings; provided, however, there shall not be more than 15 dwelling units per net residential acre. 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 ohstrUction 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 § 110-556 of this Code. (Code 1981, § 637.51; Ord. No. 02-2003, § 2, 3-4-03) 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, hotels and motels, 12,000 square feet. b. All other principal uses and structures, 5,000 square feet, and, in addition, the 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: a. Hotels and motels, 300 square feet per rental unit. b. Hotel and motel units containing provisions for cooking or light housekeeping, 400 square feet. c. All other principal uses and structures, 300 square feet. ratio of gross not less than (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) 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, 10 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 -- 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. Sec. 110-351. Intent. 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. All buildings in this district shallbe considered in the fire district, as per the definition in section 110-1, and built in conformance with the rules and regulations of fire districts. (Code 1981, § 638.01) 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 Code. 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 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 anc hearing, the board of adjustment may permit special exceptions which are compatible tc 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. (5) Veterinary hospitals and clinics, subject to the provisions designated in division 5 of this article for the C-1 district. (6) Storage of liquefied petroleum products, provided that all such uses comply with the standards set out in the National Fire Protection Association, Fire Prevention Code. Above ground storage of liquefied petroleum products in excess of 3,000 gallons shall be in an established fire district. (7) Recycling activities for the collection of nonhazardous materials, provided that all storage of such materials shall be in approved structures, containers or trailers. (8) Radio and TV studios. (9) 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. (10) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (11) Reserved. (12) Permanent security living facilities, subject to an annual review and the following: a. Maximum size not to exceed 800 square feet. v b. Security personnel only; no children allowed. c. Facility to be used exclusively for security purposes. (13) Restaurants. (14) Public buildings. (15) Telecommunications towers, subject to the provisions of section 110-482. (16) 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) 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. (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) 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. (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. 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. All buildings in this district shall be considered in the fire district, as per the definition in section 110-1 and shall be built in conformance with the rules and regulations of fire districts. (Ord. No. 4-99, § 1, 7-6-99) 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. 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. 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. (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) 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 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 minimum rear yard requirement shall be 25 feet. 5. Public or private street, 25 feet. a. (See Section 110-356 for special setbacks.) (Ord. No. 4-99, § 1, 7-6-99) property abuts a residential district, in residential district, in which case the 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 provided in section 110-466, et seq. (Ord. No. 4-99, § 1, 7-6-99) district, performance standards shall be as 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.