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HomeMy WebLinkAboutPacket 03-07-2006 Workshop CITY COUNCIL JOINT WORKSHOP MEETING WITH THE PLANNING & ZONING BOARD CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 7, 2006 5:00 PM AGENDA CALL TO ORDER: ROLL CALL: DISCUSSION: 1. City Code Review: Chapters 110-191 through 110-321. 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. ARTICLE V. NONCONFORMITIES Sec. 110-191. Intent. (a) Within the districts established by this chapter or subsequent amendments there exist lots, structures, placement of structures, uses of land and structures and characteristics of use which were lawful prior to enactment of the ordinance from which this section is derived or amendment, but which would be prohibited, regulated or restricted under the terms of this chapter or subsequent amendment. It is the intent of this chapter to permit these nonconformities to continue, but not to encourage their continua nce. Such nonconformities are declared incompatible with permitted lots, structures, placement of structures, uses and characteristics of use in applicable districts. It is further the intent of this chapter that nonconformities shall not be used as grounds for adding other structures or uses prohibited elsewhere in the same district. (b) Any building which is made nonconforming by virtue of this chapter shall be allowed to be replaced, if it is destroyed, to the same standards that it was prior to the adoption of this chapter (September 6, 1983). This shall also include those projects which are yet to be completed, but for which application for site plan approval has been made prior to adoption of this chapter and for which a building permit was obtained before February 28, 1984. If a rebuilding is required, all efforts shall be made, where practicable, to conform to the existing zoning ordinance. (c) All nonconforming lots of record as of September 6, 1983, shall be allowed to be used in constructing structures that have been destroyed. The rebuilt structure will be rebuilt as close as practicable to the original building and shall make every effort to conform to the existing zoning ordinance. (d) This chapter shall not be construed to allow for the extension or enlargement of a nonconforming lot or building but is merely intended to allow the rebuilding of structures after the result of a catastrophe in as near a similar fashion as practicable. (Code 1981, § 643.01) Sec. 110-192. Mobile home parks and single-family mobile home districts. (a) Mobile home parks and single-family mobile home districts in existence on October 28, 1975, shall be permitted, provided the number of spaces shall not exceed those licensed or previously platted to such mobile home parks or districts on that date and provided further that such mobile home parks shall not exceed the limits of property also on that date under unity of title and shall be in accordance with state law. (b) Removal and installation of a mobile home unit shall be done only after a permit is issued for this purpose by the building official. (Code 1981, § 643.03) Sec. 110-193. Nonconforming structures. Where a lawful structure exists at the effective date of adoption or amendment of the ordinance from which this section is derived that could not be built under this chapter because of restrictions on area, lot coverage, height, setback or other characteristics of the structure or its location on the lot, such structure may be continued, so long as it remains otherwise lawfully subject to the following: (1) Such structure may not be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity. (2) Should such structure be destroyed by any means to an extent of more than 50 percent of its fair market value at time of destruction, it shall not be reconstructed, except in conformity with this chapter. (3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations of the district in which it is located after it is moved. (4) Where a lawful dwelling structure, located on a single lot of record, exists at the effective date of adoption or amendment of the ordinance from which this section is derived that could not be built under this chapter, such structure may be repaired, enlarged, extended, rebuilt, reconstructed or structurally altered, provided that setback dimensions, maximum lot coverage, building setback lines and other requirements of the additional structure conform to the regulations for the district in which such lot is located. Any additional construction to an existing structure that encroaches on setback requirements must conform to the setback requirements of the zoning district. Any legally established encroachment on setback requirements may be repaired, rebuilt, reconstructed or structurally altered, but not enlarged or extended, provided the encroaching portion of the structure is an integral part of the structure. (Code 1981, § 643.05) Sec. 110-194. Nonconforming uses of land. In any zoning district, at the effective date of adoption or amendment of the ordinance from which this section is derived, where lawful use of land exists that is made no longer permissible under the ordinance from which this section is derived, as enacted or amended, and where such use involves no individual structure with a replacement cost exceeding $2,500.00, such use may be continued, so long as it remains otherwise lawful, subject to the following: (1) No such nonconforming use shall be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance from which this section is derived, unless such use is changed to a use permitted in the district in which such use is located. (2) No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance from which this section is derived. (3) If any such nonconforming use of land ceases for any reason for a period of more than 90 consecutive days, any subsequent use of such land shall conform to the sections specified by this chapter for the district in which such land is located. (4) No additional structure which does not conform to this chapter shall be erected in connection with such nonconforming use of land. (Code 1981, § 643.07(A)) Sec. 110-195. Nonconforming uses of structures or of structures and premises in combination. If a lawful use involving individual structures or of structures and premises in combination, with a replacement cost of $2,500.00 or more per individual structure, exists at the effective date of adoption or amendment of the ordinance from which this section is derived that would not be allowed in the district under this chapter, the lawful use may be continued, so long as it remains otherwise lawful, subject to the following: (1) No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located. (2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance from which this section is derived, but no such use shall be extended to occupy any land outside such building. (3) Any structure or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and nonconforming use may not thereafter be resumed. (4) When a nonconforming use of a structure or structure and premises in combination is discontinued or abandoned for six consecutive months or for 18 months during any three-year period, except when government action impedes access to the premises, the structure or structure and premises in combination shall not thereafter be used, except in conformance with the regulations of the district in which it is located. (5) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. The term "destruction," for the purpose of this subsection, means damage to an extent of more than 50 percent of the fair market value at time of destruction. (6) The following schedule shall be followed in terminating nonconforming use of structures or of structures and premises, except for residential uses; such termination period shall commence August 4, 1971: TABLE INSET: Assessed Valuation of Improvements Time Allowance Termination in Years $ 1,000.00--$ 2,499.00 5 2,500.00-- 4,999.00 10 5,000.00-- 9,999.00 20 10,000.00-- 24,999.00 30 25,000.00-- 49,999.00 40 50,000.00--over 50 (7) Any new or additional use which is nonconforming shall not be permitted. (8) Notwithstanding subparagraph (7), the board of adjustment may grant a change of use (used in conjunction with a nonconforming structure and premises) from one nonconforming use to another nonconforming use which is equally or more restrictive, less intensive, and more compatible with the surrounding area. A petition for a change shall be submitted to the building official and shall contain or be subject to the following: a. The property owner's name and address, a recorded deed indicating ownership and the legal description of the property. b. An affidavit executed before a notary public under penalty of perjury attesting to the existing use and the date the use was established. c. A sealed, as-built survey or a scaled drawing of the site along with a notarized affidavit that the drawing is true and correct. Such survey shall show the dimensions, height, number of units and square footage of all structures, setback of all structures, and distances between structures. d. An application fee as established by the city council to be set forth in appendix B to the zoning code. e. Clear and convincing evidence that demonstrates that the proposed nonconforming use (used in conjunction with a nonconforming structure and premises) is as equally or more restrictive, less intensive, and more compatible with the surrounding area than the present nonconforming use. f. All proposed applications shall be submitted to the planning and zoning board for study and written recommendation. Such proposal shall be submitted at least 14 days prior to the planning and zoning board meeting at which it is to be considered. g. The board of adjustment shall consider the recommendation of the planning and zoning board as part of the official record when hearing an application. h. Notice shall be given at least 15 days in advance of the public hearing. The owner of the property for which approval is sought or his agent shall be notified by certified mail. Notice of such hearing shall be posted on the property for which the change of nonconforming use is sought and at the city hall. i. A courtesy notice may be mailed to the property owners of record within a radius of 500 feet; provided, however, failure to mail or receive such courtesy notice shall not affect any action or proceedings taken under this article. j. Any party may appear in person or be represented by an attorney at the public hearing. k. The board of adjustment shall make written findings certifying compliance in the same manner that is provided for in section 110-47 of this chapter. In addition to the criteria contained in section 110-47, the board of adjustment shall also determine if the proposed nonconforming use is more restrictive, less intensive and more compatible or appropriate than the present nonconforming use and in its determination the board of adjustment may consider, including, but not limited to, the following: Will the req uested use (i) use less space; (ii) have fewer employees; (iii) require less parking; (iv) create less traffic; (v) have fewer deliveries; (vi) create less noise; (vii) create a better benefit to surrounding area than previous use; (viii) be more acceptable with the existing and future use or make up of the area, (ix) be more normally found in a similar neighborhood; or (x) be of a less impact than the present nonconforming use? (Code 1981, § 643.07(B); Ord. No. 19-96, § 1, 9-3-96) Sec. 110-196. Nonconforming lots of record. In any zoning district in which single-family dwellings are permitted, a single- family dwelling and customary accessory buildings may be erected, expanded, or altered on any single lot of record, notwithstanding that such lot fails to meet the requirements for area, width, and/or depth for the applicable zoning district. This provision shall only apply where yard dimensions and requirements other than area, width, and/or depth conform in all other respects with the land development regulations for the appli cable zoning district. (Ord. No. 41-2003, § 2, 12-16-03) Editor's note: Ord. No. 41-2003, § 2, adopted Dec. 16, 2003, added a new section 110-196 to read as herein set out and renumbered the former §§ 110-96 and 110-97 as 110-97 and 110-98. Sec. 110-197. Repairs and maintenance. (a) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding ten percent of the replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of the ordinance from which this section is derived shall not be increased and, provided further, that such r epair or replacement shall not affect the assessed valuation-time allowance before termination setting the time limit for conformity, set forth in section 110-195(6). (b) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official. (Code 1981, § 643.09) Sec. 110-198. Temporary uses. The casual, intermittent, temporary or illegal use of land or structures shall not be sufficient to establish the existence of a nonconforming use. Such use shall not be validated by the adoption of the ordinance from which this section is derived, unless it complies with this chapter. (Code 1981, § 643.15) Secs. 110-199--110-220. Reserved. ARTICLE VI. SITE PLANS* __________ *Cross references: Planning, ch. 58. __________ Sec. 110-221. Submittal and review required. Under this chapter, site plan submittal and review are required for the following: (1) New commercial buildings or structures. (2) New residential structures with four or more dwelling units. (3) Commercial additions exceeding 850 square feet of gross floor area. (Code 1981, § 645.05(A)) Sec. 110-222. Criteria required. Site plan criteria required under this chapter shall be as follows: (1) Plan drawn to scale, no greater than one inch to 50 feet, on sheets two feet by three feet, showing the following site data: a. Size, height, number of units and location of proposed and existing structures and their relationship to property lines, setbacks, easements, streets, etc. b. Dimensions and total gross acreage of the site and percentage devoted to structures and percentage of parking area devoted to landscaping with curbs and water provisions. c. Total number of units proposed; total number and size of on-site parking spaces and loading zones. d. Traffic flow diagram to ensure that an orderly and safe traffic flow is permitted within the site and that no traffic problems are created by the proposed ingress and egress routes. e. Calculation of density (dwelling units per acre). f. Location and dimension of areas for parks, canals, waterways, boat slips, parking areas, swimming pools, driveways, recreation, trash and garbage pickup, sidewalks, dune crossovers, etc. g. In those site plans which require a subdivision of land, no site plan shall be approved until the planning and zoning board has given approval to the preliminary plat. h. The type of enclosure for and location of communal-type trash containers (dumpsters). Type of enclosure shall be subject to approval and acceptance of the planning and zoning board. i. Fire alarm and standpipe data, when required. j. Site vicinity map. k. Location of planned landscaping in compliance with sections 110-566 and 110-567. (2) Topographic survey, including the following: a. USC and G.S. datum plane. b. Existing and proposed streetlights, water, sewer, paving, storm drains, fire hydrants, sidewalks, etc. c. Lot lines and dimensions of all setbacks, structures and easements. d. Location of established seawall line and information for construction, if required. e. Surveyor's certification. f. Elevations to be given on one-foot intervals. g. Range markers and coastal construction setback line, where required. h. Location and type of existing trees four inches in diameter or larger. (3) Engineering data, including the following: a. Finished grades for entire parcel, finished elevations for floors, streets, parking lots, sidewalks, ten inches of adjoining property, etc. b. Details, sections and specifications required of all improvements, such as streetlights, water and sewer (structures, pipes, appurtenances), paving and drainage, curbs, storm drainage and sidewalks. c. Engineer's seal required in drawings. d. Engineering storm drainage design calculation and drainage maps. (4) Square footage of building for the following: a. Living. b. Parking. c. Other. d. Total under roof. (5) Drawing notes required as follows: a. Sidewalk and sanitary sewers to be constructed to city standards. b. Water lines to conform to City of Cocoa standards. c. Where applicable, fire alarm system to be installed and connected to city fire department standards. (6) For mean high water, survey shall be done by procedures established by F.S. § 177.25 et seq. (Code 1981, § 645.05(C)) Sec. 110-223. Review procedures. (a) Five copies of the site plan, prepared, signed and sealed by a professional engineer licensed by the state, shall be filed with the building official no later than 30 days prior to the meeting date at which the applicant is seeking planning and zoning board review. Filing fees as set forth in appendix B to this Code shall be paid at this time. (b) The site plan shall be submitted by the building department to the following department heads for their review and comments: (1) City engineer or registered engineers approved by the city. (2) Building department. (3) Fire marshal. (4) State department of environmental protection. All phases calling for buildings located on the Atlantic Ocean and Banana River are to be reviewed by this department. (c) Within 14 days of the time the plans are received by the various department heads, they shall submit, in writing, to the building department, a written report commenting on factors relating to the site plan. (d) The building department shall give a copy of the written comments to the applicant or his representative to review, respond to and make any changes he deems appropriate to conform to the comments and recommendations from the department heads. (e) The applicant shall submit seven copies of the revised site plan, along with his architect's and engineer's comments, in response to the department heads' reviews, to the building department no later than five days prior to the meeting. (f) All plans shall be made available to the planning and zoning board for its review and recommendation to the city council. The building official shall prepare a site plan checklist to be submitted to the planning and zoning board when a site plan is reviewed. (g) The planning and zoning board, following public hearing and review of any submitted site plan, shall make a written recommendation to the city council recommending approval, approval with conditions, or denial of the application based upon the site plan's compliance with the city's Code and comprehensive plan. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable site plan criteria set forth in this article. (h) Upon receipt of the planning and zoning board's recommendation, and following a public hearing and review of the submitted site plan, the city council shall make a final decision on the application. If the city council determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city council may, at its discretion, consider an application without the planning and zoning board's recommendation. Any decision of the city council is finaland subject to judicial review. (i) If the city council elects to grant conditional approval of a site plan subject to any conditions or contingencies, the applicant shall have 90 days from the date of conditional site plan approval to satisfy any such conditions and/or contingencies. If all conditions and/or contingencies are satisfied, the final site plan approval date shall be either the expiration of the 90-day period; or the date the building official certifies by notation on all city site plan copies, that all conditions and/or contingencies are satisfied, whichever first occurs. If the conditions and/or contingencies are not satisfied before the expiration of the 90-day period the conditional approval shall be automatically withdrawn and the application shall stand as denied. The 90-day compliance period may be extended at the discretion of the city council, upon written request of the applicant prior to the expiration of the 90-day compliance period, and where the applicant demonstrates unusual circumstances or undue hardship. (j) The planning and zoning board and city council shall have no authority to consider a proposed site plan unless: (1) The applicant has adequately and completely addressed all items on the site plan checklist prepared by the building official; and (2) The applicant has otherwise complied with all matters contemplated under this section. (k) Following a public hearing on any application for site plan approval [before] the city council, the city clerk shall send to the applicant, by certified mail, return receipt requested, written notice of the action taken and the right to judicial review. (Code 1981, § 645.05(B); Ord. No. 37-93, 10-19-93; Ord. No. 2-94, 2-1-94; Ord. No. 35- 2003, § 2, 10-21-03; Ord. No. 03-2005, § 2, 4-5-05) Sec. 110-223.5. Appeal. Any person(s) or the city aggrieved by the decision of the planning and zoning board to the city council in accordance with the following procedures. The filing of an appeal stays the action of the planning and zoning board until a decision by the city council is rendered. (a) The applicant may, not later than ten calendar days after receiving notice of final action by the board relating to site plan approval, file with the city clerk a written request for an appeals hearing before the city council. (b) If a written request is filed within the ten-day limit and as otherwise provided above, the city council shall consider the request. The city council shall hear, and make a determination on, the appeal within 30 days from the date the written request for an appeal is received by the city clerk. The applicant shall be provided notice of the city council hearing at least seven days prior to the council hearing. (c) The city council shall hear and consider evidence offered by any interested person to determine whether the planning and zoning board properly denied an application for site plan approval in accordance with the City Code and city comprehensive plan. The formal rules of evidence do not apply. (d) The city council shall grant or deny the appeal by majority vote in accordance with the council's quorum requirements contained in the City Charter. Failure to reach a majority vote will result in denial of the appeal. Any dispute of fact must be decided on the basis of a competent and substantial evidence. The decision of the city council is final. (e) Judicial review of the denial of site plan approval shall be available only after the administrative procedures and remedies set forth in this section have been exhausted. (Ord. No. 35-2003, § 2, 10-21-03) 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. 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 by 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 publishedin this chapter. The new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and shall bear the seal of the city under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as part of Ordinance No. 2-83 of the City of Cape Canaveral, Florida." Unless the prior official zoning map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment. (Code 1981, § 633.03) Sec. 110-248. Rules for interpretation of district boundaries. Where uncertainty exists as to the boundaries of zoning districts as shown on the official zoning map, the following rules shall apply: (1) Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines. (2) Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines. (3) Boundaries indicated as approximately following the city limits shall be construed as following the city limits. (4) Boundaries indicated as following a shoreline or bulkhead line shall be construed to follow such shoreline or bulkhead line and, if change in the shoreline or bulkhead line occurs, shall be construed as following the original shoreline or bulkhead line; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines. (5) Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map. (6) If the actual location of physical features varies from those shown on the official zoning map or in other circumstances not covered by subsections (1) through (4) of this section, the board of adjustment shall interpret the district boundaries. (Code 1981, § 633.05) Sec. 110-249. Application of district requirements. The requirements set by this chapter within each zoning district shall be minimum requirements and shall apply uniformly to each class or kind of structure or land, and particularly as provided in sections 110-250 through 110-257. (Code 1981, § 635.00) Sec. 110-250. Conformity. No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the sections specified for the district in which it is located. (Code 1981, § 635.01) Sec. 110-251. Structure height, maximum units, lot area, setbacks. No building or other structure shall be erected or altered to: (1) Exceed the height; (2) Accommodate or house a greater number of families; (3) Occupy a greater percentage of lot area; (4) Have narrower or smaller rear setback, front setback, side setback or other open spaces than required; or (5) In any other manner be contrary to this chapter. (Code 1981, § 635.03) Sec. 110-252. Duplicate use of setbacks, open space, parking space. No part of a setback or open space or offstreet parking or loading space required in connection with any building for the purpose of complying with this chapter shall be included as part of a setback, open space or offstreet parking or loading space similarly required for any other building. (Code 1981, § 635.05) Sec. 110-253. Reuse of area used for density calculations. (a) The area used in either a site plan or plot plan to determine the number of living units allowed on that area shall not be reused in computing the number of living units for that area or for any subsequent area used with that area. (b) The building department shall maintain a file of site plans or plot plans and a map which shall evidence which areas have been used in computing numbers of living units. Upon application to the planning and zoning board, the planning and zoning board shall have the discretion to accept a revised site plan, provided the revised site plan shall not exceed the maximum number of living units for any or all of the site. (Code 1981, § 635.07) Sec. 110-254. Dimension or area reduction below minimum. No setback or lot existing at the time of passage of the ordinance from which this section is derived shall be reduced in dimension or area below the minimum requirements set forth in this chapter. Setbacks or lots created after the effective date of the ordinance from which this section is derived shall meet the minimum requirements established by this chapter. (Code 1981, § 635.09) Sec. 110-255. Lot and street requirements for structures. Every building or structure erected shall be located on a lot and shall be on a lot adjacent to a public street or with access to a public street. For a parcel of land which is not adjacent to a public street, the front of such parcel shall be that boundary or side which is adjacent to the legal access. (Code 1981, § 635.11) Sec. 110-256. Zoning classification of annexations. The zoning classification of all property which may be annexed to the city shall be determined by the city council upon recommendation of the planning and zoning board at the time of annexation. (Code 1981, § 635.13) Sec. 110-257. Unusual uses or uses not specifically permitted. Any zoning use which, in the opinion of the building official, is similar to a permitted use shall be treated in the same manner as the use to which it is similar. Any application to permit a use which, in the opinion of the building official, is not similar to a listed permitted use or due to its nature is an unusual use shall be referred to the board of adjustment which will, according to the procedures set forth for a special exception in article II of this chapter, determine the proper zone for such use. The board of adjustment may prescribe appropriate additional conditions and safeguards in the public interest. (Code 1981, § 635.15) Secs. 110-258--110-270. Reserved. DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT* __________ *Cross references: Sign restrictions in R-1 low density residential district, § 94-96. __________ Sec. 110-271. Intent. The requirements for the R-1 low density residential district are intended to apply to an area of single-family unattached residential development. Lot sizes and other restrictions are intended to promote and protect a high quality of residential development. (Code 1981, § 637.01) Sec. 110-272. Principal uses and structures. The principal uses and structures in the R-1 low density residential district are as follows: Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel. Dwelling unit rentals of less than seven days are prohibited. (Code 1981, § 637.03) Sec. 110-273. Accessory uses and structures. In the R-1 low density residential district, accessory uses and structures shall be permitted as follows: (1) Noncommercial piers, boathouses and loading places intended solely for the use of the adjoining residences, providing that the following conditions are met: a. No dock or pier shall extend over five feet beyond the property line, unless the abutting waterway is over 100 feet in width at such point where the pier or dock is constructed. b. No watercraft moored to such use shall be used as living quarters, except as provided by section 110-552. c. All applicable regulations and restrictions of the U.S. Army Corps of Engineers and other federal, county, state and local controls shall be adhered to. (2) Noncommercial botanical nurseries and greenhouses. (3) Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including garages, carports and the like, in keeping with the residential character of the district. (4) Home occupations subject to section 110-521 et seq. (Code 1981, § 637.05) Sec. 110-274. Special exceptions permissible by board of adjustment. In the R-1 low density residential district, the following special exceptions shall be permitted by the board of adjustment: (1) Public and semipublic parks, playgrounds, playfields, recreation facilities and adult congregate living facilities. (2) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (Code 1981, § 637.07) Sec. 110-275. Prohibited uses and structures. In the R-1 low density residential district, all uses not specifically or provisionally permitted in this division and any use not in keeping with the single-family residential character of the district, including two-family and multiple-family dwellings, townhouses and mobile home parks, are prohibited. (Code 1981, § 637.09) Sec. 110-276. Area and dimensions. In the R-1 low density residential district, the following area and dimensions shall be required: (1) Minimum lot area shall be 7,500 square feet. (2) Minimum lot width shall be 75 feet. (3) Minimum lot depth shall be 100 feet. (4) Maximum lot coverage shall be 40 percent. (5) Minimum living area shall be 1,100 square feet. (6) Maximum height shall not exceed 25 feet. (Code 1981, § 637.11) Sec. 110-277. Minimum setbacks. In the R-1 low density residential district, the 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* __________ *Cross references: Sign restrictions in the R-2 medium density residential district, § 94-97. __________ Sec. 110-291. Intent. The requirements for the R-2 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. (Code 1981, § 637.15) Sec. 110-292. Principal uses and structures. In the R-2 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre, and dwelling unit rentals of less than seven days are expressly prohibited. (Code 1981, § 637.17; Ord. No. 17-96, § 1, 10-1-96) Sec. 110-293. Accessory uses and structures. In the R-2 medium density residential district, accessory uses and structures shall be permitted as follows: (1) Noncommercial piers, boathouses and loading places intended solely for the use of the adjoining residences, provided the following conditions are met: a. No dock or pier shall extend over five feet beyond the property line, unless the abutting waterway is over 100 feet in width at such point where the pier or dock is constructed. b. No watercraft moored to such use shall be used as living quarters, except as provided by section 110-552. c. All applicable regulations and restrictions of the U.S. Army Corps of Engineers and other federal, county, state and local controls shall be adhered to. (2) Noncommercial botanical nurseries and greenhouses. (3) Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including garages, carports and the like, in keeping with the residential character of the district. (4) Home occupations, subject to section 110-521. (5) Parking lots and facilities in conjunction with one or more principal uses. (Code 1981, § 637.19) Sec. 110-294. Special exceptions permissible by board of adjustment. In the R-2 medium density residential district, the following special exceptions shall be permissible by the board of adjustment: (1) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (2) Public and nonprofit private schools with conventional curriculums; public libraries. (3) Churches and other places of worship; parish houses. (4) Public safety structures and equipment, such as fire substations, civil defense facilities and the like. (5) Public and semipublic parks, playgrounds, playfields and recreation facilities. (Code 1981, § 637.21) Sec. 110-295. Prohibited uses and structures. In the R-2 medium density residential district, all uses and structures not specifically or provisionally permitted in this division are prohibited. (Code 1981, § 637.23) Sec. 110-296. Area and dimension. In the R-2 medium density residential district, the following area and dimensions shall be required: (1) Minimum lot area shall be as follows: a. One- and two-family, 7,500 square feet. b. Multiple-family, 10,000 square feet. (2) Minimum lot width shall be 75 feet. (3) Minimum lot depth shall be 100 feet. (4) Maximum lot coverage shall be 35 percent. (5) Minimum living or floor area shall be as follows: a. One-family, 1,100 square feet per dwelling unit. b. Two-family, 750 square feet per dwelling unit. c. Multiple family, as follows: 1. Efficiency, 450 square feet per dwelling unit. 2. One bedroom, 650 square feet per dwelling unit. 3. Two bedrooms, additional bedrooms, 750 square feet per dwelling unit (plus 200 square feet for each additional bedroom). (6) Maximum height shall not exceed 25 feet. (7) Maximum length or width of a structure shall not exceed 185 feet. (Code 1981, § 637.25) Sec. 110-297. Minimum setbacks. (a) In the R-2 medium density residential district, the following minimum setbacks shall be required. (1) Front, 25 feet. (See subsection (b) of this section.) (2) Side (interior lot line), eight feet or ten percent of width of lot, whichever is greater, up to 15 feet. (3) Side (corner lot line), 25 feet; on all nonconforming lots of record, 15 feet. (4) Rear, 15 feet. (5) Public or private street, 25 feet. (b) See section 110-536 for special setbacks. (Code 1981, § 637.25) Sec. 110-298. Offstreet parking and access. In the R-2 medium density residential district, offstreet parking and access to a public or private street shall be provided in accordance with section 110-491 et seq. (Code 1981, § 637.27) Secs. 110-299--110-310. Reserved. DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT* __________ *Cross references: Sign restrictions in the R-3 medium density residential district, § 94-98. __________ Sec. 110-311. Intent. The requirements for the R-3 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. (Code 1981, § 637.29) Sec. 110-312. Principal uses and structures. In the R-3 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre, and dwelling unit rentals of less than seven days are expressly prohibited. (Code 1981, § 637.31; Ord. No. 17-96, § 2, 10-1-96) Sec. 110-313. Accessory uses and structures. In the R-3 medium density residential district, the following accessory uses and structures shall be permitted: (1) Noncommercial piers, boathouses and loading places intended solely for the use of the adjoining residences, provided the following conditions are met: a. No dock or pier shall extend over five feet beyond the property line, unless the abutting waterway is over 100 feet in width at such point where the pier or dock is constructed. 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 breeze requirement. In the R-3 medium density residential district, at least 25 percent of the north/south dimension of the property shall be open to the breeze in an east/west direction. This shall include required setbacks. (Code 1981, § 637.43) Sec. 110-320. Dune crossovers required. In the R-3 medium density residential district, site plans with four or more units on parcels on the Atlantic Ocean shall provide dune crossovers conforming to specifications of the state department of environmental protection. All such crossovers shall be maintained in a safe condition by the owners of the property. All crossovers will be allowed to be built within the setback area, provided a state department of environmental protection permit is obtained, and there will be no requirement for a variance to allow these structures to be built in the setback area. (Code 1981, § 637.44) Sec. 110-321. Protection of public beach-end parking. In the R-3 (medium-density residential) zoning district there exists beach-end public parking as described in the following schedule: TABLE INSET: Public Beach Access # of Public Spaces Location (side of street) 1 Harbor Heights 12, plus 1 handicapped East side 2 Canaveral Sands 0 N/A 3 Washington 10 North side 4 Adams 8 North side 5 Jefferson 8 North side 6 Madison 14 North side 7 Monroe 15 North side 8 Jackson 16, plus 1 handicapped North side 9 Harrison 14 North side 10 Tyler 14 North side 11 Polk 7, plus 1 handicapped North side 12 Taylor 14 North side 13 Fillmore 13 North side 14 Pierce 14 North side 15 Buchanan 12, plus 1 handicapped North side 16 Lincoln 9 North side 17 Johnson 10 North side Access to property 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.