HomeMy WebLinkAboutOrdinance No. 03-2003 ORDINANCE NO. 03 -2003
(irry AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, r
FLORIDA, AMENDING CHAPTER 110 OF THE CODE
OF ORDINANCES, RELATING TO REQUIRED
LANDSCAPING AND VISUAL SCREENING; k
PROVIDING FOR HEIGHT, DENSITY, AND
PLACEMENT OF VISUAL SCREENING, SUCH AS
FENCING, WALLS, AND HEDGES; PROVIDING FOR
REQUIRED VISUAL SCREENING BETWEEN I
COMMERCIAL OR INDUSTRIAL AND RESIDENTIAL
ZONING DISTRICTS; PROVIDING FOR INTERIOR
LANDSCAPING FOR OFF - STREET PARKING SPACE
ALLOCATIONS WITHIN THE C -2 ZONING DISTRICT;
PROVIDING FOR THE REPEAL OF PRIOR
CONFLICTING ORDINANCES AND RESOLUTIONS; l
PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
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(...„ WHEREAS, the City Council desires to make certain height, density, and placement
requirements for landscaping and visual screening uniform and consist throughout its
commercial and industrial zoning districts and further improve the City's aesthetic appearance
through the protection of residential areas; and 1
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WHEREAS, zoning regulations placing conditions upon certain uses are enforceable
where it is determined that a rational relationship exists between a legitimate government
objective, such as establishing aesthetically pleasing corridors, and whether the regulation
furthers such purpose. Restigouche, Inv. V. Town of Jupiter, 59 F.3d 1208, 1214 (11th Cir.
1995); and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this t
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida as follows:
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City of Cape Canaveral
Ordinance No. 03 -2003
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Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
Section 2. Code Amendment. That Chapter 110 of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance
of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the r.
asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior
to adoption of this Ordinance).
CHAPTER 110 ZONING
Article I. In General
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Sec. 110 -1. Definitions.
* * *
Parking space, offstreet, consists of a minimum paved area of 200 square feet for parking an
automobile, exclusive of access drives or aisles thereto. In ar as of the city zoned M 1 or C 1
• - .. - .. - - • - .. - , . f , - - - - - - - • • - . .
percent of those spaces for compact car parking. Compact car parking spaces shall consist of a
minimum paved ar a of 160 square feet, exclusive of access drives or aisles thereto.
* * *
Article IX. Supplementary District Regulations
Division 1. Generally
* * *
Section 110 -470. Fence, Walls and Hedges.
(a) Fences and walls and hedges may be permitted in any yard, except as specified in section
110 -469, provided the following - : - . ... - -• - restrictions shall apply:
(1) In any residential district (R 1, R 2 or R 3), no fence or wall or hedge in any side or
rear yard shall be over six (6) feet in height or over four (4) feet in height if within
twenty -five (25) feet of any yard abutting any public right -of -way, unless otherwise
specified in this section;
(2) In any residential district (R 1, R 2, R 3) where property abuts a public beach access
parking area, the fence or wall or hedge in a side, rear or front yard which abuts the
public parking area shall not exceed six (6) feet in height;
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City of Cape Canaveral
Ordinance No. 03 -2003
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pool installed in a side or r ur yard which abuts a public right of way, the fence, or wall
(43) In any commercial (C 1) and or industrial W-0 districts, no fence or wall er -hedge j'
in any side or rear yard shall be over eight (8) feet in height or over four (4) feet in height t tr
if within twenty -five (25) feet of any yard abutting any public right -of -way. When the
boundary of a commercial or industrial zoning district abuts any residential zoning k'
district, and a fence or wall is used to meet the requirements of section 110 -566, the fence t
or wall shall have a minimum height of six (6) feet and a maximum height of a fence,
wall or hedge shall be six (6) eight (8) feet; and t
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(b) (4) No wall shall be built along unimproved property boundaries until and unless the
owner has obtained and paid for a building permit for the principal structure - - -j
(e-) (5) All concrete boundary walls are to be finished by stuccoing or painting in neutral
colors at the time they are constructed. All fences shall be constructed or installed such
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that the finished side faces abutting properties or public rights -of -way. If chain -link is
used for fencing, the same must have a top rail and the rail and chain -link must be coated 1
in a rubber or vinyl material; and
(4) (6) No words or symbols, other than street addresses and names of occupants in
residential districts, shall be permitted on exterior boundary fences or walls, except a
small sign, not to exceed 32 square inches, may be attached identifying the fence
manufacturer or installer. If there are such non - allowed words or symbols, they shall be I
(se covered or removed within seven days of notification to the owner by the City. I'
(b) Hedges may be permitted in any yard, except as specified in section 110 -469 of this code,
provided the following restrictions shall apply: t
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(1) Any hedge planted to satisfy the visual screening requirements provided within
section 110 -566 of this code shall have a minimum height at time of planting of three feet
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and will be required to reach a minimum height of six (6) feet, unless otherwise provided
by this chapter, and a density of at least eighty (80) percent opacity within two (2) years t
of planting;
(2) No hedge planted to satisfy the visual screening requirements of section 110 -566 of t
this code and located adjacent to a property boundary shall exceed four (4) feet in height
if within twenty -five (25) feet of any public right -of -way;
(3) Any hedge located adjacent to any public right -of -way, sidewalk or easement
utilized for public purposes shall be set back a minimum of three (3) feet from the
property line or easement boundary to ensure such hedge will not encroach into or
impede the use of such public right -of -way, sidewalk or easement; t
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(4) Any hedge planted or otherwise established in accordance with this chapter shall be
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comprised of a desirable species of vegetation as defined in chapter 102 of this code, as
may be amended from time to time; and
(5) All hedges shall be maintained in accordance with Chapter 34 of this code and all
other applicable statues, ordinances, and regulations affecting landscaping and
vegetation.
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DIVISION 7. Landscaping and Vegetation
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Section 110 -566. Landscaping and screening €er between commercial and or industrial
zoning districts and residential zoning districts.
(a) Whenever the boundary boundaries of a commercial or industrial zoning district abets and a
residential zoning district abut, a visual screen shall be provided within the required setbacks of 1
the property which is developing or redeveloping . - . - -- - .. :. - _ . - .
(b) Such visual screen shall:
(1) Be provided along the entire length of the boundary separating the commercial or
industrial zoning district ::. - :. - ... ..- from the residential zoning district.
(2) Consist of decorative or ornamental fencing or shrubs designed and placed in a
manner rendering such visual screen density of at least eighty (80) percent within a
period of two ) years after such screen is provided. ii
C (3) Be not less than four (4) or more than eight (8) feet in height, except as provided in
section 110 -470 rte)(.
(4) Have a minimum of one (1) ten -point tree value as defined in section 110 -567 which
shall be planted every thirty -five (35) feet with at least two (2) five -point trees on the
minimum fifty 50 -foot C -1 lot and three (3) five -point trees on the minimum seventy -five
75 -foot M -1 lot.
(5) Be serviced by a functional underground sprinkler system adequate to maintain such t
landscaping. t
(6) Be properly maintained and replaced if for any reason it does not survive.
(7) Be protected from vehicular encroachment.
* * *
(d) Where a fence or wall is used to fulfill the screening requirements within a vegetative buffer,
it shall be located one foot inside of the property line which abuts the residential zoning of the
property which is developing or redeveloping. When a drainage Easement, ditch or water body
runs along a property line, an administrative waiver may be granted by the Building official to
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allow the masonry Wall or Fence to be placed along the edge of the ditch or water body, instead
of on the property line. Where existing trees exist within the buffer area, the Fence or Wall shall
be located so as to preserve the trees.
Sec. 110 -567. Interior landscaping for offstreet parking areas.
(a) Offstreet parking areas in C -1, C -2, M -1 and R -3 districts shall have internal and perimeter
landscaping as follows:
* * *
(4) Parking areas in the C -1, C -2 and M -1 districts and parking areas in the R -3 districts
that contain sixteen 06) or more parking spaces shall be planted to a width of at least two
(2) feet of the entire perimeter facing the public right -of -way, except for ingress and
egress and sidewalks. The perimeter shall be planted with decorative shrubs and bushes
not less than three (3) feet in height to form a visual screen with a density of at least
eighty (80) percent within two (2) years of planting. Perimeters facing such public right -
of -way shall, in addition, have five tree value points planted every thirty -five (35) feet
with at least ten tree values on a minimum 50 -foot C -1 lot, and fifteen tree values on the
minimum 75 -foot C -2 or R -3 lot unless a greater restriction is otherwise provided for in
this chapter.
* * *
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this ordinance.
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Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
City of Cape Canaveral
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of
August, 2003.
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ROCKY RANDELS, Mayor
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ATTEST: For Against
Bob Hoog X 1
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Jim Morgan Second
Buzz Petsos Motion f
SUSA ,STILIiS; "60•Clerk Rocky Randels X
Richard Treverton X
First Reading: July 15, 2003 1
Legal Ad published: August 9, 2003 t
Second Reading: August 19, 2003 1
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C .,,, Approved as to legal form and sufficiency for
the Cit Ca e Canaveral only: t
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ANTHONY A. GARGANESE, City Attorney
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City of Cape Canaveral f
Ordinance No. 03 -2003
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