HomeMy WebLinkAboutPacket 06-05-2007 WorkshopCALL TO ORDER:
ROLL CALL:
DISCUSSION:
ty of Cape Canaveral
WORKSHOP MEETING
INING & ZONING BOARD
HALL ANNEX
, Cape Canaveral, Florida
TUESDAY
ine 5, 2007
5:00 PM
AGENDA
City Code Review: Article VI Site Plans, 110-253(a) 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 JOINT WORKSHOP
MEETING WITH THE PLANNING & ZONING BOARD
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
February 6, 2007
5:00 PM
MINUTES
CALL TO ORDER: The Chair called the meeting to order at 5:00 P.M.
ROLL CALL:
Council Members Present:
Mayor Pro Tem Bob Hoog
Council Member Leo Nicholas
Council Member Buzz Petsos (Arrived at 5:38 P.M.)
Mayor Rocky Randels
Council Member Shannon Roberts
Planning and Zoning Board Members Present:
Chairperson Bea McNeely
Vice Chairperson R. Lamar Russell
Donald Dunn
Dr. John Fredrickson
John Johanson
Harry Pearson
Others Present:
City Manager
Bennett Boucher
City Attorney
Anthony Garganese
City Clerk
Susan Stills
Building Official
Todd Morley
City Planner
Todd Peetz
DISCUSSION:
(Absent)
(Absent)
(Absent)
1. City Code Review: Article VI Site Plans 110-224 through 110-339.
Mayor Randels referred his notes from the previous discussion that ended with Section
110-223.5.
City of Cape Canaveral, Florida
City Council Joint Workshop Meeting
with the Planning and Zoning Board
February 6, 2007
Page 2 of 6
He asked the City Manager if the City Attorney had prepared a paragraph for the
applications to expire. Building Official, Todd Morley, questioned what was decided
about the expirations of Site Plan that have been approved. Mayor Randels read from
Section 110-224 and concluded that the City Attorney was tasked to work on the
abandonment section. Mayor Randels made note that Section 110-224 was still in the
working draft stage. Mr. Morley stated that there were two items: 1) applications,
and 2) approved Site Plans and both sections needed a sunset provision. Mayor
Randels stated to let the record show that there were two issue in discussion the
applications and the approved Site Plans. Ms. McNeely reminded that the final
approval was given by the City Council not the Planning and Zoning Board. Mayor
Randels made note that in the first sentence the words Planning and Zoning Board
should be revised to read City Council. Mr. Morley confirmed that he had many
discussions with the City Attorney on the revisions.
Section 110-246. Official zoning map —Adopted.
Mayor Randels read the existing Section text and referred to the property owned by the
Porter family and that involved changes, but was not however clearly identified on the
official zoning map. Todd Peetz, City Planner, explained that a correction was made by
returning to the original adoption ordinance to identify that portion of Holman Road to
amend the land boundary 50 -feet to the west. Mr. Peetz commented that the County
had administrative ability to change up to 660 -feet of land boundary. He clarified that
the County's administrative ability was allowed in order to avoid submittals for a full-
scale Comprehensive Plan amendment.
The City Attorney arrived at this point in the meeting and the Mayor informed him of Mr.
Peetz's comment on the County's administrative ability to change land boundary.
Mr. Peetz explained further for clarification that if a property were cut in half or thirds by
different zoning categories, the County was allowed to administratively move the
property to match up the property lines to a depth 660 feet. Mr. Peetz made an
illustration for further clarification. Mayor Randels stated his discomfort with the change
in that his residential property line could result in a commercial neighbor. Mr. Nicholas
pointed out that the Comprehensive Plan amendment would result in a small-scale
amendment. Mr. Peetz clarified that Comprehensive Plan for residential changes
required a full-scale Comprehensive Plan amendment since the Statutes only allow for
10 -units or less for a small-scale Comprehensive Plan amendment. Mr. Peetz referred
to some of the areas along State Road AIA where this could be possible. Mr. Nicholas
asked at what date and time would a change occur. Mr. Peetz replied that the change
could occur the date of the ordinance or the date that the last Comprehensive Plan was
adopted. Mayor Randels expressed his disfavor with this concept due to its similarity to
special exceptions. Mr. Russell queried why the Council would choose to change the
zoning to accommodate individual concerns. Discussion concluded that the concept
of Administrative changes such as that used in the County was not beneficial to
the City's zoning.
City of Cape Canaveral, Florida
City Council Joint Workshop Meeting
with the Planning and Zoning Board
February 6, 2007
Page 3 of 6
Mayor Randels continued reading from Section 110-246 and clarified that the Porter
property was changed due to a scrivener's error. Mayor Randels questioned the
sentence that related to the zoning map and asked for the location of the Official Zoning
Map. Mr. Morley affirmed that there were several available Official Zoning Maps with
bore the City seal. The City Manager stated that if the Council desired to have it the
map could indicate streets and show more detail. Mr. Nicholas inquired if the maps
were revised. Ms. Roberts asked when the last Official Zoning Map was executed. Mr.
Peetz replied March 7, 2000.
Ms. Roberts expressed that during the Coastal Fuels issue the community stated that
they would like to have one with more detail. Mr. Boucher agreed with Ms. Roberts that
the information in the northeast section of the City has changed significantly. Ms.
Roberts recommended distributing the maps to other agencies that needed to know
about the community. Mr. Peetz replied to Mayor Randels that his firm received its
information from the Property Appraisers office who received its information based on
what the City provides. Ms. Roberts asked if the City had any provisions with regard to
aerial depictions of the City. Mr. Morley replied that the City was not as up-to-date as
the County on that type of map. He replied to Mr. Nicholas that sometime in the last
year the County provided an aerial photo. Mayor Randels explained that the triangle
icons painted in the streets provided a way to identify the streets if the street signage
was destroyed. Ms. Roberts clarified that staff would provide the public with a smaller
version of the Official Zoning Map. She related that the Business and Cultural
Development Board was seeking having some depictions of the City in some tourist
friendly manner. Discussion concluded that the City needed new maps with
significantly more detail. Mayor Randels added to provide maps for public distribution.
Mr. Peetz suggested a map of 11" by 17" for readability purposes.
Section 110-247. Same. — Replacement.
Mayor Randels read the Section text and questioned if the City retained all of the
previous zoning maps. The City Clerk affirmed that the maps were in archives.
Section 110-248. Rules for interpretation of district boundaries.
Mayor Randels read the Section text. Mr. Dunn pointed to the boundaries on the map
in Ocean Wood that appear to extend into the ocean. Mayor Randels explained that if
the property was purchased by metes and bounds that person owned the rights. Mr.
Dunn pointed out that Paragraph (4) was not correct then since the boundary did not
follow the shoreline. Mayor Randels explained how at one time the County considered
submerged land as part of density; however now the measurement was the mean high
water line. Mr. Dunn stated that Ocean Woods does not extend 10 to 15 -feet into the
water. Mr. Nicholas questioned if some property owners some years ago received up to
the mean high water line as part of a settlement. Mayor Randels replied that when he
spoke to the people during the sand re -nourishment project that was an agreement to
City of Cape Canaveral, Florida
City Council Joint Workshop Meeting
with the Planning and Zoning Board
February 6, 2007
Page 4 of 6
install pipes. Mr. Petsos clarified that the Agreement was for an easement for the State
and County to use the property.
Mr. Dunn pointed out the boundaries of Ocean Woods that extended out; however, he
stated that the boundary does not in actually follow the shoreline. He contended that
the map is inaccurate in its depiction. Mr. Nicholas said that some other property, such
as in Ocean Oaks, might extend to the mean high water line. Mr. Peetz agreed with Mr.
Petsos in that the primary fact was that no construction could occur east of the Coastal
Construction Control Line and no property would extend past the mean high water line.
Mr. Boucher informed that there was an existing building in the Ocean Oaks property.
Mr. Nicholas explained that the Ocean Woods was constructed as a Residential
Planned Urban Development that the Building Office approved on the last day of that
type of permitting.
Mayor Randels continued to read the Section text beginning with Section (5). Mr.
Boucher replied to Mr. Russell that staff would provide two maps: one in color with
detailed streets and an aerial.
Section 110-249. Application of district requirements.
There was no discussion on this section.
Section 110-250. Conformi
Mayor Randels read the Section text and he asked if a hotel could move furniture in
prior to occupancy with reference to Paragraph (3). Mr. Morley stated that the City has
a definition of occupancy and in the case of a hotel, that was a business use. He
affirmed for Mr. Russell that a hotel only receives a Certificate of Occupancy for all
buildings and phased in Certificates of Occupancy was not permitted. Ms. Roberts
commended for requiring a Certificates of Occupancy before the whole building was
completed due to a circumstance that resulted in the Avon -by -the -Sea area. The
Building Official extended the credit to those who crafted the ordinance.
Section 110-251. Structure height, maximum units lot area, setbacks.
Mayor Randels read the Code Section text. He referred to his notes and he
questioned if a permit were required for a carport. Mr. Morley replied that a permit must
be issued and if the carport encroaches into the front setback then it would not be
allowed. Mr. Russell explained that carport construction was permissible within a
certain percentage of the lot coverage. Mayor Randels pointed out how proposed
construction could have other uses such as a mother-in-law suite. Mr. Nicholas replied
that a mother-in-law suite would accommodate a family member and was not rental
property. Mr. Russell explained that as long as one did not exceed the percentage of lot
coverage, or the setback, as Mr. Nicholas added, then the construction was permissible.
City of Cape Canaveral, Florida
City Council Joint Workshop Meeting
with the Planning and Zoning Board
February 6, 2007
Page 5 of 6
Section 110-252. Duplicate use of setbacks open space parking space.
Mr. Peetz explained that a business could share parking spaces with an adjacent
business when that business was not in service; however, adequate space was still
required for the predominate business. Mayor Pro Tem Hoog stated the supposition of
what would occur if there were a Land Use change after people decided to share usage.
Mr. Morley replied that the situation would alert a Code Enforcement complaint. Mr.
Russell stated his position for the Council not to encourage shared parking. Mr. Petsos
pointed out that shared parking was better left to an occasional use; however, if the
property was redeveloped the Building Office would need to address it as a Code
Enforcement matter.
Mr. Morley stated that Mr. Kabbord suggested during the Planning and Zoning Board
meeting that additional parking occur at City Hall; however, this comment might not
have been a factual statement. Mr. Russell requested, for the record, to obtain a copy
of the previous Planning and Zoning Board meeting on this discussion. Discussion
followed on creating a problem by allowing the privilege and then seeking to regulate
after the Agreement was no longer in effect. Mr. Morley informed that if an owner
disclosed a Shared Parking Agreement, then the City would abide by the Agreement.
Mr. Morley clarified that La Fiesta Restaurant changed their menu to include beer and
wine, which only change their inspections with the Fire Department and their
Occupational License. Mr. Peetz suggested that a shared Agreement for parking
require recording that the use continue in perpetuity with the land. Mr. Morley replied to
Mayor Randels that the new Hog Heaven restaurant was allowed their two parking
spaces; however, the entire plaza was considered. Mayor Randels questioned for a
point of order if language was needed in the Code section.
Mr. Morley clarified that there was no duel use of setbacks. Mr. Morley stated that
Shared Parking guidelines were addressed under City Code Section 110-492. Mr.
Morley replied to Mayor Randels that an applicant could request a variance under the
requirements of the chapter and provide evidence that the additional was deserved. Mr.
Peetz added that the applicant could obtain a shared parking agreement for within 400 -
feet. Mr. Morley clarified that Mr. Kaboord testified that he would have 32 spaces and
one handicapped parking space. Mr. Morley replied to Mayor Randels that the
Business Center at 110 Polk Avenue was considered a consisting non -conformity for its
eight businesses with six parking spaces.
Discussion continued on ensuring that a new business was certain on its parking
requirements. Mr. Morley informed that there was an information packet that outlined
the requirements when an applicant opened a business. Ms. McNeely replied to the
Council that the Kaboord property's Special Exception was approved to the
Board of Adjustment with eight (8) conditions.
City of Cape Canaveral, Florida
City Council Joint Workshop Meeting
with the Planning and Zoning Board
February 6, 2007
Page 6 of 6
Ms. Roberts pointed out that the lead statement might need an amendment to clarify
"off-street" parking. Mr. Morley stated that the Code Section might be losing some of its
intent in the discussion and he explained how there was no overlapping and the parking
was sufficient within the property line setback requirement. Mayor Randels concluded
that each business had the minimum amount of parking for their establishment.
He stated on a final note that the Code section was specifically for duplicate use and not
to address if a business had adequate parking. Mayor Randels made note of this
section for possible further discussion.
Section 110-253. Reuse of area for density calculations.
Mayor Randels read the Code Section text in Paragraph (a) and asked if there were any
way to indicate the number of spaces for each constructed building. Mayor Randels
questioned if there were existing building that do not indicate the correct number of
spaces. Mr. Morley affirmed that there were such buildings that existed, for example, at
the comer of Center Street and State Road AIA. Mr. Peetz pointed out that there was
no way to reuse the number of spaces related to the number of existing units.
Mayor Randels continued and read the Code Section text in Paragraph (b). Mr. Morley
informed that he had no knowledge of the document and density was indicated on the
Site Plan. Mr. Boucher stated that he did not think Paragraph (b) was relevant any
longer. Ms. Roberts explained how a similar situation might exist with the Ron Jon
Cape Caribe Resort in that they were borrowing from one zone into another zone to
count the livable units and the allowed of parking spaces. She mentioned that during a
previous discussion related to the Ron Jon's property, the citizens viewed the property
as segmented and Ron Jon's thought of the property as one approved use. Mr. Morley
clarified that Ron Jon's was hoping to amend the property to the existing Site Plan and
again, there would be one document. Ms. Roberts stated that for the community it was
confusing to identify what was an allowable use and what was allowed to be counted for
their purposes. She stated that specific density calculations would have assisted in this
situation. Mayor Randels concluded that the City does not indicate that the land was no
longer available.
The Chair made the notation for the record that the meeting ended between
paragraphs (a) and (b) of Section 110-253.
There being no further business the Chair adjourned the meeting at 6:47 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 requirementsfor 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 following minimum setbacks shall be
required:
(1) Front, 25 feet.
(2) Side (interior lot line), eight feet or ten percent of lot, whichever is greater, up to 20 feet.
(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)
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*
Gross 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.
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 medium
dimension of the property
include required setbacks.
(Code 1981, § 637.43)
breeze requirement.
density residential district, at
shall be open to the breeze
least 25 percent of the north/south
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:
9 Harrison 14 North side
10 Tyler 14 North side
11 Polk 7, plus I 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 lying adjacent to these public parking facilities shall be subject to the
following:
(1) Ingress and egress to future development or redevelopment projects shall not cause the
removal or reduction of any existing beach -end public parking spaces, except as provided
herein.
(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 S. 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. 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 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 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 § 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 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:
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)
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 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.
(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.
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.
follows: In the C-2 commercial/manufacturing district, the minimum setbacks required shall be as
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.
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
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.