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HomeMy WebLinkAboutPacket 02-21-2006 WorkshopCity of Cape Canaveral CITY COUNCIL JOINT WORKSHOP MEETING WITH THE PLANNING & ZONING BOARD CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 21, 2006 5:00 PM AGENDA CALL TO ORDER: ROLL CALL: DISCUSSION: City Code Review: Chapter 110-121 through 110-257. 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 wil I 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 AND ZONING BOARD CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 17, 2006 5:00 PM MINUTES CALL TO ORDER: A joint meeting of the City of Cape Canaveral City Council and Planning & Zoning Board was held on January 17, 2006 at 5:00 p.m. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The Assistant City Cleric called the roll. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Jim Morgan Council Member Leo Nicholas Council Member Buzz Petsos (arrived at 5:25 p.m.) Mayor Rocky Randels Plannina and Zonina Board Members Present Chairperson Beatrice McNeely Vice Chairperson R. Lamar Russell Regular Member Dr. John Fredrickson Regular Member Donald Dunn Regular Member Harry Pearson Others Present: City Manager City Attorney Assistant City Attorney Assistant City Clerk City Planner Building Official Bennett Boucher Anthony Garganese Kate Latorre Virginia Haas Todd Peetz Todd Morley City of Cape Canaveral, Florida City Council Code Review Workshop January 17, 2006 Page 2 of 4 DISCUSSION: 1. City Code Review: Chapter 110-61 through 110-198 Division 3. Variances. Section 110-61 Attorney Garganese advised that the code review would begin with Section 110-86. He explained that the following sections were covered in a previous codified ordinance: Sections 110-61, 110-62, 110-136, 110-137, 110-138 and 110-39. 110-86. Conflicts with other Ordinances: No changes. 110-87. Enforcement of chapter. Attorney Garganese outlined the due process with the new ordinance, and recommended adding language regarding code enforcement issues. He explained that a clear interpretation must be made that a Notice of Violation proceeds to the Code Enforcement Board, not the Board of Adjustment. Attorney Garganese will clarify the Section that reads "It is the intent of this Chapter that all questions of enforcement shall be first presented to the Building Official and that such questions shall be presented to the board of adiustment..." 110-88. Duties of the building official. Discussion was held regarding stop work orders. Todd Morley, Building Official, explained that he orders discontinuance of illegal work authorized by many laws one such being the Florida Building Code. Attorney Garganese suggested adding verbiage that broadens the language to include the Florida Building Code, Florida Statutes and other applicable laws. He noted that this addition would clearly authorize the actions of the Building Official. 110-89. Penalties for violation. Discussion was held regarding the process of penalties and Attorney Garganese pointed out that the Code Enforcement Board cannot convict someone that this is carried out through the County Court System. Discussion continued regarding unlicensed contractors and fireworks violations. Mr. Russell, Vice Chairperson of the Planning and Zoning Board, stated that he would like to see the City prosecute. Attorney Garganese replied that one example of rigorous prosecution was when code enforcement filed an injunction against Mr. Milliken. Attorney Garganese further stated that these are judgment calls issued on a case by case basis. It was clarified that the City can take additional corrective action per City code Section 1-15. City of Cape Canaveral, Florida City Council Code Review Workshop January 17, 2006 Page 3 of 4 110-90. Complaints of Violations. No changes. 110-91. Conformity to plans. Attorney Garganese stated that City Code should be broad enough to compel the violator into compliance. Councilman Morgan pointed out that once the Certificate of Occupancy is issued it becomes a new issue, not building related. Attorney Garganese will revise the code section to include stronger, broader words, to enable the Building Official to compel compliance. 110-92. Schedule of Fees, charges and expenses. In section (c) it was noted that Special Exceptions, Variances and Comprehensive plan amendments may need to be added. Attorney Garganese will research whether fees are spelled out for Comprehensive Plan amendments. Comprehensive Plan amendments may need to be listed with a separate fee structure in Schedule B of the City Code. Attorney Garganese explained that Section (d) deals with City initiated petitions and that the fees would be waived. Dr. John Fredrickson, Planning & Zoning Board Member, asked how the City determines the fee schedule. Councilman Morgan inquired about the cost of living as an index for fees. City Manager Bennett Boucher tasked Todd Morley, Building Official, and Todd Peetz, City Planner, in reviewing the Schedule of Fees. Division 2 Permits. Sec. 110-106. Required. (a) City Council agreed to include in first sentence, "in accordance with applicable lave'. The second sentence in item (a) will be deleted. (b) No changes. (c) There was discussion about land locked areas and easements due to surveying errors. 110-07 Application. a. Building Official Todd Morley questioned plans "in duplicate" that may need to be changed to "Accompanied by appropriate copies of plans as determined by Building Official". b. Mr. Morley explained that a Form Board Survey and Stem Wall Survey is currently being used and suggested deleting this Section. It was noted that a policy may need to be inserted and should be reviewed carefully. Mr. Morley will submit draft policies and procedures to Attorney Garganese for review. City of Cape Canaveral, Florida City Council Code Review Workshop January 17, 2006 Page 4 of 4 c. Change "the second copy" to "a copy". d. No changes. e. No changes. Section 110-108. Epiration. Mr. Morley suggested that the verbiage "section 106.6.1" and "in section 82-31" be stricken. The Next Code Review Workshop will begin with Division 3. Certificate of Occupancy, Section 110-121, ADJOURNMENT: Due to a subsequent City Council Regular Meeting, the Chair adjourned the meeting at 6:50 P.M. Virginia Haas, Assistant City Clerk DIVISION 3. CERTIFICATE OF OCCUPANCY Sec. 110-121. Required. No land or building or part thereof erected or altered in its use or structure shall be used until the building official shall have issued a certificate of occupancy stating that such land, building or part thereof and the proposed use thereof is found to be in conformity with this chapter. Within three days after notification that a building or premises or part thereof is ready for occupancy or use, it shall be the duty of the building official to make a final inspection thereof and to issue a certificate of occupancy if the land, building or part thereof and the proposed use thereof is found to conform with this chapter. If issuance of such certificate is refused, the building official shall state such refusal in writing with the reason. A temporary certificate of occupancy may be issued by the building official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguard s as will protect the safety of the occupants and the public. (Code 1981, § 645.07) Sec. 110-122. Hotels and motels. A certificate of occupancy for hotels and motels shall only be issued initially for a minimum of 150 units. After a hotel or motel project has received its initial certificate of occupancy for its first 150 units, subsequent certificates of occupancy may be issued for each building constructed thereafter. All units within any one building of a hotel or motel shall be completed before a certificate of occupancy is issued. (Code 1981, § 645.08; Ord. No. 30-98, § 2, 10-20-98) Secs. 110-123--110-135. Reserved. DIVISION 4. AMENDMENTS AND REZONINGS Sec. 110-136. Authority. The sections, restrictions and boundaries set forth in this chapter may, from time to time, be amended, supplemented, changed or repealed in the manner prescribed by law and this division. (Code 1981, ch. 647) Sec. 110-137. Procedure. (a) Any amendment to this chapter may be proposed by: (1) The city council. (2) The planning and zoning board. (3) Any department or agency of the city. (4) Any person or entities. (b) All proposed amendments shall be submitted to the planning and zoning board (in its capacity as both the planning and zoning board and the local planning agency) for study and recommendation. The planning and zoning board shall study such proposals to determine: (1) The need and justification for change. (2) The relationship of the proposed amendment to the purpose of the city's plan for development, with appropriate consideration as to whether the proposed change will further the purposes of this chapter and the plan. (c) The planning and zoning board shall submit the request for change or amendment to the city council with written reasons for its recommendation. (d) The procedure for the adoption of any ordinance amending this chapter shall be in conformance with the notice and meeting requirements as codified in section 166.041, Florida Statutes, as amended, and provided further that the procedures for zoning classification changes and comprehensive plan amendments shall be in conformance with the requirements of chapters 163 and 166, Florida Statutes. (e) Any proposal for a zoning amendment by any individual, corporation or agency pursuant to this section shall be by application, which shall contain the following information: (1) The name of the owner of the particular real property; (2) If the applicant is other than all the owners of the particular property, written consent signed by all owners of the particular real property shall be detached; (3) The legal description of the particular real property, accompanied by a certified survey or that portion of the map maintained by the tax assessor reflecting the boundaries of the particular real property; (4) The current land use zoning classification, or special exception, with any specified conditions, as recorded on the official zoning map; (5) The requested land use zoning classification or special exception classification that constitutes an amendment to the official zoning map. (6) At least 30 days in advance of the planning and zoning board meeting, provided for in subsection (g) below, the applicant shall provide the names and addresses of all property owners (affected property owners) owning property which lies within a radius of 500 feet of a boundary of the survey or that portion of the map maintained by the tax assessor reflecting the boundaries of the parcels affected. (f) No recommendation for change or amendment may be made by the planning and zoning board until due public notice has been given or a public hearing. Public hearing notice shall be given at least 15 days in advance of the hearing by the publication in a newspaper of regular and general circulation in the city hall. No recommendation for change shall be made by the planning and zoning board unless and until the public hearing has been advertised. Said notice shall contain the names of the applicant, the legal d escription of the affected property, the existing land use classification and special exception designation, the request amendment to the official zoning map, and the time and place of the public hearing on the consideration of said application. (g) For proposed zoning changes, a notice shall be prepared and mailed by the office of the city clerk using certified mail to all affected property owners(as defined in subparagraph (6) of paragraph (e) of this section), stating the time, date, and location of the planning and zoning meeting and further indicating that the role of the planning and zoning board is advisory in nature and that final legislative approval or denial will be before the city council at a subsequently scheduled meeting; provided howeve r, that failure to receive such notice shall not affect any action or proceeding taken hereunder or constitute a defect upon which any claim can be made against the city. (h) When any proposed change of a zoning district boundary lies within 500 feet of the boundary of any property under another government's jurisdiction, notice shall be forwarded to the governing body of the appropriate government authority in order to afford such body an opportunity to appear at the hearing and express its opinion on the effect of said district boundary change. (Code 1981, § 647.01; Ord. No. 14-97, § 1, 11-18-97; Ord. No. 6-99, § 1, 6-15-99; Ord. No. 09-2002, § 1, 5-21-02; Ord. No. 18-2002, § 2C, 12-17-02) Sec. 110-138. Limitations. No proposal for zoning change or amendment affecting a particular property shall contain conditions, limitations or requirements not applicable to all other property in the district to which the particular property is proposed to be rezoned. (Code 1981, § 647.03) Sec. 110-139. Reconsideration of district boundary changes. When a proposed change in zoning district boundaries has been acted upon by the city council and disapproved or failed to pass, such proposed change, in the same or substantially similar form, shall not be reconsidered by the city council for a period of two years. Such restriction shall not apply to the property owner if the original request was initiated by the city council, planning and zoning board or any department or agency of the city nor shall such restriction apply to the city council, the planning and zoning board or any department or agency of the city. (Code 1981, § 647.05) Secs. 110-140--110-160. Reserved. ARTICLE IV. SPECIAL EXCEPTIONS DIVISION 1. GENERALLY Sec. 110-161. Structures and uses approved by special exception. A special exception is not deemed nonconforming. Any structure or use for which a special exception is granted as provided in this chapter shall be deemed, as to that particular special exception, to have all the rights and privileges of a conforming use, restricted, however, by the terms of that specific special exception as granted. (Code 1981, § 643.11) Secs. 110-162--110-170. Reserved. DIVISION 2. ALCOHOLIC BEVERAGES* *Cross references: Alcoholic beverages, ch. 6. Sec. 110-171. Establishments serving alcoholic beverages. (a) Establishments which shall require a special exception under this chapter by the board of adjustment are those, whether or not licensed by the state department of business and professional regulation, division of alcoholic beverages and tobacco, which dispense, sell, serve, store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consistent with all the conditions as set forth in this section and also the following: (1) The establishment shall not be permitted to locate within 300 feet of any existing church, school grounds or playgrounds nor shall a church, school or playground be permitted to locate within 300 feet of any existing establishment which dispenses, sells, serves, stores or permits the on -premises consumption of alcoholic beverages. The distance shall be measured as the shortest linear distance between the property line of the establishment which provides or proposes to provide for the sale and consumption of alcoholic beverages and the property line of the church, school grounds or playground. (2) The establishment, if licensed by the state division of alcoholic beverages and tobacco to permit on -premises consumption of beverages, shall not be located within 2,000 feet of another licensed establishment. The distance shall be measured as the shortest linear distance between the property line of the establishment which proposes to provide for the sale and consumption of alcoholic beverages and the property line of any establishment which currently provides for the sale and consumption of alcoholic beve rages. Further, the establishment shall be in compliance with the Florida beverage laws (F.S. chs. 561 through 568). Provided, however, exceptions to this subsection 110- 171 (a) (2) 10- 171(a)(2) are: a. Restaurants seating 200 or more persons. b. Hotels and motels with 50 or more guestrooms. C. Restaurants licensed by the state division of alcoholic beverages and tobacco for malt beverages only or malt beverages and wine only, provided the following are complied with: 1. The establishment shall have the capacity for and have in existence at least 25 seats for the serving of meals. No area within the establishment may be specifically designed for a bar or lounge operation. 2. Consumption of food and malt beverages or wine shall be on -premises only; however, food carryout without the alcoholic beverages may be permitted. 3. A restaurant licensed under this exception shall not derive less than 51 percent of its gross income from the sale of nonalcoholic beverages and food prepared, sold and consumed on the premises. The obligation to sell 51 percent food and nonalcoholic beverages is a continuing obligation. It is a violation of this zoning code to sell wine and malt beverages granted under this exception unless the restaurant has derived at least 51 percent of its gross income from the sale of food and nonalcoholic beverages. Such percentage shall be determined by calculating the average monthly gross revenue from the sale of food and nonalcoholic beverages for the immediately previous 12 -month period. In acknowledgment of this continuing obligation and as a condition precedent to the issuance of a special exception, the owner of the restaurant shall execute and deliver to the city an affidavit and agreement, upon forms approved and provided by the city, which will attest and covenant to the owner's compliance with the provision s of this subsection 110-171(a)(2)c.3. The owner shall also retain cash register receipts, guest checks and ledgers which may be reviewed at the request of the city to determine compliance. Failure to provide records requested shall be grounds for revocation of the special exception granted under this section. Any subsequent purchaser, assignee or transferee will be required to execute and deliver to the city an affidavit and agreement, as provided above, in order to maintain the special exception upon the property provided by this section. The restaurant, if advertised, shall be advertised and held out to the public to be a place where meals are prepared and served. 4. Sale or consumption of malt beverages and wine shall be limited to the time period set by chapter 6. d. Chapters or incorporated clubs or veteran's fraternal organizations conforming to F.S. § 565.02(4). (3) Package retail sales of alcoholic beverages for carryout, except for beer and wine sales, shall comply with subsections (a)(1), (a)(4), (a)(5)a.3. and (a)(5)a.5. of this section only. (4) One parking space shall be provided for each three seats or seating places. All seats or seating places, whether located within a restaurant area or a bar/lounge area, will be included in the calculation of the required number of parking spaces. Package retail sales establishments shall provide parking as determined by the building official, who shall use the ratios established in article IX of this chapter. (5) Each application for a special exception shall be accompanied by a vicinity map, a site plan map and a building floor plan. a. The vicinity map shall be drawn at a scale of one inch equals 400 feet and shall indicate the following information: 1. The outer boundary of the vicinity map, which shall be at least 2,500 feet from the centroid of the proposed establishment's property. 2. Location of all existing public streets between the proposed establishment and other establishments and land uses as described in subsections (a)(1) and (a)(2) of this section. 3. Location of all existing churches, school grounds or playgrounds which are within the vicinity map area with specific distances to the proposed establishment affixed per subsection (a)(1) of this section. 4. Location of all establishments licensed by the state division of alcoholic beverages and tobacco, including package retail sales, which are within the required vicinity map area with specific distances to the proposed establishment affixed per subsection (a)(2) of this section. 5. Existing zoning for all properties within 300 feet to the property of the proposed establishment shall be indicated. b. The site plan map shall be drawn at a scale not less than one inch equals 100 feet and shall indicate the following information: 1. Location and dimension of the proposed establishment's property lines, all existing and proposed structures, driveways, parking spaces and ingress/egress points. 2. The following information shall be presented in tabulated form: i. Number of parking spaces. ii. Number of restaurant seats. iii. Number of bar/lounge seats. iv. Building area. V. Lot area. c. The building floor plan shall be of a scale appropriate for the establishment, but in no case shall the scale be less than one-eighth inch equals one foot and shall detail room layouts and exits. (b) Any special exception granted under this section may be temporarily suspended or absolutely revoked by majority vote of the board of adjustment at a public hearing, when the board of adjustment has determined by competent substantial evidence that either: (1) The establishment has obtained the special exception upon false statements, fraud, deceit, misleading statements, or suppression of material facts; (2) The establishment has committed substantial violations of the terms and conditions on which the special exception was granted; (3) The establishment no longer meets the requirements of this section or the Florida Beverage Code; or (4) The management of the establishment knowingly allowed illegal activities to be conducted on the premises including, but not limited to, possession or sale of illegal substances, racketeering, prostitution, lewd and lascivious behavior, and unlawful gambling. Prior to any special exception being revoked, the establishment shall be provided with minimum due process including notice of the grounds for revocation and hearing date, an opportunity to be heard, the right to present evidence, and the right to cross-examine adverse witnesses. (c) For on -premises consumption of liquors, restaurants or cocktail lounges shall have a minimum building area of 2,000 square feet and a seating capacity of 100 patrons. (Code 1981, § 642.01; Ord. No. 15-96, § 1, 9-3-96; Ord. No. 20-96, § 1, 9-17-96; Ord. No. 09-2003, § 2, 5-6-03; Ord. No. 19-2003, § 2, 7-15-03; Ord. No. 36-2003, § 2, 10-21- 03) Secs. 110-172--110-190. Reserved. 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.