HomeMy WebLinkAboutPacket 07-12-2006 SpecialCity of Cape Canaveral
CITY COUNCIL SPECIAL MEETING WITH THE
PLANNING & ZONING BOARD
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
WEDNESDAY
July 12, 2006
6:00 P.M.
AGENDA
DISCUSSION:
1. SPECIAL EXCEPTIONS UNDER SECTION 110-334(10) OF THE CITY CODE REGARDING
RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT ONLY ALONG
THE AIA HIGHWAY.
ADJOURNMENT:
Pursuant to Section 286.1015, 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 Cleric'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
wtivw.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
ORDINANCE NO. 01-2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA EXTENDING THE
MORATORIUM ON ACCEPTING APPLICATIONS AND
ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110-
334(10) OF THE CITY CODE REGARDING RESIDENTIAL
USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT
ONLY ALONG THE AIA HIGHWAY CORRIDOR FOR A
PERIOD OF SIX (6) MONTHS; PROVIDING FOR THE
BUSINESS AND CULTURAL DEVELOPMENT BOARD TO
CONDUCT A SURVEY OF THE CITY'S RESIDENTS
REGARDING WHAT KINDS OF BUSINESSES THE
RESIDENTS DESIRE ALONG THE AIA HIGHWAY
CORRIDOR; PROVIDING FOR THE PLANNING AND
ZONING BOARD TO EVALUATE POTENTIAL PROBLEM
AREAS ALONG THE AIA HIGHWAY CORRIDOR SHOULD
SPECIAL EXCEPTIONS ALONG AIA BE PERMANENTLY
DISCONTINUED; AUTHORIZING ONE SIXTY (60) DAY
EXTENSION OF THE MORATORIUM TO THE EXTENT
NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council enacted Ordinance 19-2005 on November 1, 2005 imposing
a 90 -day moratorium on accepting applications and issuing special exceptions under section 110-
334(10) of the City Code regarding residential uses within the C-1 Commercial Zoning District along
the AIA Highway corridor; and
WHEREAS, on January 17, 2006, the City Council approved Resolution 2006-05, extending
the moratorium for sixty (60) days until March 31, 2006; and
WHEREAS, during the moratorium period the City's Business and Cultural Development
Board and Planning and Zoning Board determined that the issue of appropriate uses along the A 1 A
Highway corridor requires additional study; and
WHEREAS, the Business and Cultural Development Board shall conduct a survey of the
City's residents with regard to what kinds of business they desire along the A 1 A Highway corridor;
and
City of Cape Canaveral
Ordinance No. 01-2006
Page 1 of 3
WHEREAS, the Planning and Zoning Board desires to evaluate potential problems areas
along the A 1 A Highway corridor should allowing special exceptions pursuant to section 110-334(10)
along A 1 A be permanently discontinued; and
WHEREAS, the City Council desires to extend the current moratorium for an additional six
(6) month period beginning on March 31, 2006 and ending on September 30, 2006, in order for the
Business and Cultural Development Board and the Planning and Zoning Board to complete their
respective analysis of the appropriate uses along the Al Highway corridor; and
WHEREAS, the United States Supreme Court has found that the issuance of temporary
moratoria in order to preserve the status quo while studying the impact that certain development
activities have on an area does not constitute a taking per se; See Tahoe -Sierra Preservation Council,
Inc. v. Tahoe Reg. Planning Agency, 535 U.S. 302 (2002);
WHEREAS, it is in the best interests of the City of Cape Canaveral to institute a temporary
moratorium in order to evaluate the desired commercial uses of the Highway A 1 A corridor and the
effects of discontinuing residential special exceptions in this area of the City altogether;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, HEREBY ORDAINS, AS FOLLOWS:
Section 1. Moratorium Extended. That the above recitals are adopted as Findings of Fact
which clearly justify the six (6) month extension of the moratorium on accepting applications and
issuing special exceptions in accordance with Section 110-334(10) of the City Code, for any single
family dwellings, two family dwellings, townhouses, and multiple -family dwellings in the C-1
commercial zoning districts along the AIA Highway corridor only. The moratorium enacted
hereunder shall not apply to any application for a special exception under Section 110-334(l0) of
the City Code that was filed with the City prior to October 18, 2005.
Section 2. Action to be Taken. During the period of this moratorium, the City of Cape
Canaveral Business and Cultural Development Board will conduct a comprehensive survey of the
City's residents with regard to the kinds of businesses the residents desire to see along the A 1 A
Highway corridor, and report the results of such survey to the Planning and Zoning Board and City
Council. Additionally, the City of Cape Canaveral Planning and Zoning Board shall evaluate
potential problems areas along the AIA Highway corridor should special exceptions pursuant to
section 110-334(10) be permanently discontinued.
Section 3. Expiration Date. The moratorium shall expire on September 30, 2006, six (6)
months after its effective date. The expiration date of the moratorium may be extended for sixty (60)
days by resolution of the City Council at a duly held Council meeting.
Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
City of Cape Canaveral
Ordinance No. 01-2006
Page 2 of 3
ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
Section 5. Not Incorporated Into Code/Posting . This ordinance shall not be incorporated
into the Cape Canaveral City Code. A copy of this ordinance shall be conspicuously posted at the
front desk at City Hall, and at other public places deemed appropriate by the City Manager.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
NeCtion 7. Effective Date. This Ordinance shall become effective immediately upon the _
expiration of the current moratorium on March 31, 2006, which was enacted pursuant to Ordinance
19-2005 and Resolution 2006-05.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21' day
of March, 2006.
ATTEST:
SUSAN STILLS, City Clerk
First Reading: 03-07-06
Legal Ad published: 03-11-06
Second Reading: 03-21-06
Approved as egal form and sufficiency for
the City ap Canaveral only:
HONY ARGANESE, City Attorney
ROCKY RAND S, Mayor
City of Cape Canaveral
Ordinance No. 01-2006
Page 3 of 3 .
For Against
Bob Hoog
Second
Jim Morgan
Motion
Leo Nicholas
_X
Rocky Randels
__-_X�
Buzz Petsos
X
City of Cape Canaveral
Ordinance No. 01-2006
Page 3 of 3 .
Historically, the City has been allowing residences to be built in areas zoned for business
virginiah
From: Bennett Boucher [boucher-cape@cfl.rr.com]
Sent: Wednesday, June 28, 2006 12:10 PM
To: 'virginiah'
Subject: Cape Canaveral Crosstab 6-21-06.doc
Page 1 of 1
Historically, the City has been allowing residences to be built in areas zoned for business. What is your
opinion of this practice?
Agree Disagree No Opinion
In general, would you like to see more
commercial areas in the City, less, or is
the current amount of commercial area
about right?
Wants More
16
19
13
Current About Right
64
60
71
Wants Less
20
21
16
N =
153
178
92
Cell entries are percentages. Columns sum to 100%. Source: City of Cape Canaveral Community
Survey 2006.
RRAROXITIR
DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT*
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.
Page 1 of 6
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. 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.
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DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT* Page 2 of 6
(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)
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
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DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT* Page 3 of 6
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:
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DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT* Page 4 of 6
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:
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DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT*
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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.
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DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT* Page 6 of 6
(Code 1981, § 637.59)
Secs. 110-340--110-350. Reserved.
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DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT* Page 1 of 3
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
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DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT*
Page 2 of 3
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.
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DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT*
Page 3 of 3
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.
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