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HomeMy WebLinkAboutJuly 1970 Ordinance No. 4-70 ORDINANCE NO. 4-70 (As Amended) AN ORDINANCE AMENDING ORDINANCE NO. 81-64, AS AMENDED, BY AMENDING ARTICLE 5, BY ADDING A NEW ZONING DISTRICT TO PERMIT LIGHT MANUFACTURING AND RE- SEARCH AND DEVELOPMENT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Council of the City of Cape Canaveral, Florida, desires to amend the Zoning Ordinance, Ordinance No 81-64, as amended, to add a new zoning district to be known as M-1; and WHEREAS, this new zoning district is to be established for light manufacturing and research and development in the area designated as M-1 on the attached zoning map; 1 NOW, 'THEREFORE, be it ordained by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1: Article 5 of Ordinance No. 81-64, as amended, is hereby amended by adding Paragraph 10, which Paragraph is attached hereto in its entirety. SECTION 2: All Ordinances and parts of Ordinances in conflict hereby be and the same are hereby repealed. SECTION 3: This Ordinance shall take effect immediately upon its adoption. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 7th day of July 1970. Mayor Attest: • / • !, i , 1 City Clerk Approved as to Form: City Attorne,r First Readii g: June 16 , 1970 Posted: June 17 , 1970 Second Reading: July 7 , 1970 - OR 4-70 PAGE 1 OFIO PROPOSED ZONE -- TAI-1 I Philosophy f The purpose for establishing this district is to provide a healthful operating environment for a combination of industrial and research activ_i-t:i_es. It will (1 ) protect these uses from the encroachment of commercial and residential uses adverse to the operation and expansion of such a combination of industrial and research uses; (2) protect the land uses within the district from the adverse affects of other incompatible land uses; and (3) re- 1 duce to a minimum the influence of the industries within the dis- trict on the surrounding residential and commercial land uses. Industries to be established in the district wisi be oriented -. { toward research and development and light manufacturing. Such in- k dustrial uses include chemical laboratories, instrumentation, pre- • cision manufacturing of small parts, etc . , as opposed to auto paint 1 and body work, heavy metal fabrication and similar uses. The nature and type of industries permitted in this district I will be governed by performance standards relating to smoke, dust, dirt, and other particulate matter, toxic or noxious matter, odorous matter, vibration, noise, fire and explosive hazard, glare, electro- magnetic interference, and stream pollutants . These regulations are intended to promote the physical and mental health, safety, morals, welfare, comfort and convenience of the inhabitants of this district and its environs. Uses Permitted: j Specific 1. General offices, studios, clinics, laboratories, data processing and similar uses; 2. Engineering, laboratory, scientific and research instru- mentation and associated uses; r 3. Manufacture of : a) Instruments for controlling, measuring and indicating physical characteristics; - 1 - OR 4-70 PAGE ) OF14 b) Optical .instruments and lenses; c ) Surgical, medical and dental instruments and supplies; d) Ophthalmic goods; e) Watches, clocks, clockwork operated devices and parts; f) Photographic equipment and supplies; g) Jewelry, silverware, plated ware; h) Musical instruments and parts; i) Toys, amusement, sporting and athletic goods; j ) Radio, TV, phonograph and electronics instruments and 1 parts; k) Pens, pencils and other office and artist materials; 1 ) Costume jewelry, costume novelties, buttons and mis- cellaneous notions; m) Other similar uses. E Accessory Uses and Structures 1. Retail sales of products manufactured, processed or stored upon the premises . 2. Customary accessory uses of one or more of the principal uses, clearly incidental and subordinate to the principal use in keeping with the industrial character of the district. Special Exceptions After public notice and hearing, the Board of Adjustment may permit special exceptions which are compatible to permitted € 1. uses and which are able to meet the minimum requirements and performance standards as set forth in this zone. All uses permitted in this zone shall be contained in a completely en- closed, air conditioned structure. I Prohibited Uses and Structures 1. Residential uses; 2. Motels, hotels, boarding and lodging houses; 3. Automobile wrecking yards, junk yards, scrap and salvage yards for secondhand building materials; 4. Churches, private clubs and lodges; - 2 - OR 4-70 PAGE . OF/0 . 5. Retail and other co:iimercial establishments except as specifically permitted; 6. Open outside storage of materials; 7. Al]. uses not specifically or provisionally permitted herein; and uses not in keeping with the industrial character of the district. I Minimum Lot Requirements The minimum requirements for area, width and depth shall be r 1 . Width - 100 feet 2. Depth - 200 feet 3. Area - 20, 000 square feet Mi : .mum Yard Requirements The minimum yard requirements for depth of front and rear yards and width of side yards shall be: 1 . Front - 50 feet 2. Rear - 10 feet; except where industrial property abuts a Residential District in which case the minimum rear yard requirement will be 50 feet . 3. Side - 15 feet Maximum Heigth Requirement No building shall be erected or altered to a height exceeding 40 feet. Maximum Lot Coverage Buildings shall not cover an area greater than 50 percent of 1° ( the total area of the tract on which the buildings are located. 1 Landscaping and Screening C 1. Screening shall be provided on each side of a parking area i of more than 10 spaces which abuts upon or faces any * occupied lot in a Residential District. Such screening shall consist of an opaque screen not less than four feet I nor more than six feet in height above the grade of the 1 - 3 - i "' OR 4-70 PAGE 44 OF/0 parking lot sur-race and shall be maintain:2d in good con- . di'cion. Such screening and maintenance shall be subject to the approval of the Building Official . 2. Landscaping area for parking lots fronting on Highway AlA shall comprise at least 10 percent of the total parking area and shall consist of islands of grass, hardy shrubs or evergreen ground cover and shall be maintained in good condition subject to the approval_ of the City Beautifica- tion Board. 3. All areas not paved shall be landscaped with grass, hardy shrubs, or evergreen ground cover and shall be maintained in good condition subject to the approval of the City Beautification Board. Performance Standards 1. Application of Performance a) Any use, building, structure, or land developed, con- structed or used for any permitted principal_ use, or any use permissible as a special exception, or any accessory use, shall comply with all of the performance standards herein set forth. . b) If any existing use or building or other structure is o- extended, enlarged, or reconstructed, the performance standards involved shall apply with respect to such extended, enlarged, or reconstructed portion or portions of such use, building, or other structure. c ) Within 24 months of the adoption of this ordinance, all { existing uses, buildings, or other structures shall comply with the performance standards herein set forth, provided, however, that if the Board of Adjustment finds that because of the nature of the corrective action re- 1 quired, the 24 month period is inadequate, it may, as a special exception, grant not more than one exception for a period of not more than 12 months. OR 4-70 PAGES OM 2. Administration and Enforcement of Performance Standards Applicable performance standards : If the building inspec- tor finds, after making determinations in the manner set forth in this ordinance, that there is violation of perfor- mance standards, he shall take or cause to be taken lawful action to cause correction to within the limits set forth by such performance standards. 3. Performance Standards - All uses within the City shall conform to the performance standards set forth herein. a) Noise Standards : 1 1) Method of measurement : Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association (American Standard Sound Level Meters for Measurement of Noise and Other Sounds Z24.3- 1944, American Standards Association, Inc . , New York, New York, and American Standards Specifica- tions for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, 224. 10-1953, American • Standards Association, Inc . , New York, New York) . 2) Locational requirement for measurement : Sound levels shall be measured along the boundaries of the site. 3) Permitted sound levels : Maximum Sound Pressure Level In Deci- bels (0. 0002 dynes per sq. centimeter) Octave Bank Along Residential Along Commercial & Indust .l (Cycles per second) District Boundaries District Boundaries 0-75 69 79 75-150 54 74 150-300 47 66 300-600 1El 59 600-1, 200 37 53 1, 200-2, 400 34 47 2, 400-4, 800 31 41 Above 4, 800 28 J9 These standards shall apply to all noises, due to intermittence, beat frequency or shrillness. - 5 - OR 4-70 PAGE OF/0 • b) Smoke and Particulate flatter Standards 1 ) Requirements : The amount of particulate matter resulting from smoke or other sources permitted in ambient air shall not exceed 200 milligrams per cubic meter during any 24 hour period of continuous measurement. 2) Method of measurement : The amount of particulate matter present in ambient air shall be measured by a high-volume sampler, capable of pulling appro- ximately 30 to 50 cubic feet of air per minute pre-weighed a through g d filter, and approved for use g by the Florida State Board of Health, Bureau of Sanitary Engineering. 3) Locational requirements for measurement : The amount of particulate matter shall be measured at the property line of the use from which such A Y particulate matter is emitted. 4) In the event that a high volume sampler is not available to the City every vse shall be so operated as to prevent the emission of smoke from any source whatever, to a density greater than Y Y g described as Number 1 on the Ringlemann Smoke Chart, provided, however, that smoke equal to but not in excess of that shade of appearance described as Number 2 on the Ringlemann Chart may be emitted for a. period or periods totaling four minutes in any thirty minutes . For the purpose of grading the density of smoke, the Ringlemann Chart, as published and used by the United States Bureau of Mines, and which is hereby made, by reference, a part of these regulations, shall be the standard. All measurements shall be at the point of emission for this period of measurement. - 6 - OR 4-70 PAGE 7 OF/0 c ) Odor Standards : 1) Requirements : All uses shall be controlled to prevent the emission of odorous gases or r other matter in such quantities as to be ob- jectionable or offensive at the specified points of measurement. 2) Method of measurement : A noxious concentra- tion shall be deemed to be the point at which 1 the threshold of smell can be achieved. 3) Locational requirement : Noxious odors shall I � be measured as specified at a point 25 feet from the point of origin. d) Toxic Gases, Fumes, Vapors and Matter: 1) All uses shall be controlled to prevent the discharge of any toxic gases or matter in such • quantity that may endanger the public health, safety or welfare or cause damage or injury to other property or uses. 2) Locational requirement : Measurement shall be made at point of discharge into the atmosphere. e) Vibration Standards : 1) Requirements : All uses shall be controlled to prevent the transmission of any vibration, from any source or at any time whatever, that exceeds the maximum displacement set forth in subsection (4) below. 2) Method of measurement: The displacement of earth caused by vibration shall be measured in inches by an appropriate instrument approved by the City Council upon recommendation of the City Engineer. 3) Location requirement : Vibration shall be measured as specified along the boundaries of the site. 4) Permitted vibration transmissions : - 7 = OR 4-770 PAGES OF/0 Frequency I1a!_:imuln Permitted Displacement (Cycles Per Second) Along the Property Line ( In inch-L1 0 to 10 . 0003 10 to 20 . 0005 20 to 30 . 0002 30 to )10 . 0002 Over 440 .0001 f) Glare and Lighting Standards : Any lighting elements or structural materials installed' on a site shall be prevented from casting or reflect- ing glare or light beyond the boundaries of the site, unless their location precludes any hazard or nuisance 1 arising as a consequence of such glare or light. Lo- cations requiring some means of preventing the trans- mission of glare or light beyond the site' s boundaries are established according to the relationship between (a) required minimum elevation of the lighting element or structural material above the final grade establishes along the nearest site boundar , and (b) distance of the lighting element or structural material from the nearest boundary. As set forth in the following table, elements or materials below the minimum elevation re- quired of each distance shall be shielded or otherwise screened to prevent transmission of light or glare be- yond the site : Distance From Required Minimum Elevation Site Boundary (for lightin?; sources or elements; 50 feet 20 feet 60 feet 19 feet 70 feet 18 feet 80 feet 17 feet 90 feet 16 feet 100 feet 15 feet 1 g) Electromagnetic Radiation: j1) Requirements': All uses shall be controlled to prevent any source of electromagnetic radiation which does not comply with the current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. h) Heat and Humidity: Any use producing humidity in the form of steam or - 8 - .. OR 4-70 PAGE 9 OF/0 { v ` moist air, or producing heat, shall be carried on iii such a manner that steam, humidity or heat is not per- ceptible to the average person using his normal senses at any lot line. i ) Fire and Explosion: Each use shall be so operated as to minimize the danger from fire and explosion and to comply with existing City ordinances. j ) Radiation Hazards : 1 Applicable standards of the Florida State Board of f Health Sanitary Code are hereby adopted. k) Stream Pollutants : No effluent shall he discharged in any stream or waterway. Discharges into the Cape Canaveral sewerage system shall be as approved by the City Engineer. Amended July 7, 1970 r ; _9_ op 4-70 PAGE to ()Flo