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Home My WebLink About11-29-2006 Agenda (Packet)City of Cape Canaveral PLANNING & ZONING BOARD REGULAR MEETING CITY HALL ANNEX 111 POLK AVENUE NOVEMBER 29, 2006 7:30 P.M. CaII to Order Roll Call NEW BUSINESS 1. Discussion Re: Special Exception Applicant Review Checklist- Todd Peetz, City Planner. 2. Recommendation to City Council Re: Proposed Ordinance Amending Alcoholic Beverage Regulations - Anthony Garganese, City Attorney. 3. Recommendation to City Council Re: Proposed Ordinance Appealing Hotel Motels on 12,000 square foot lots - Anthony Garganese, City Attorney. 4. Recommendation to City Council Re: Proposed Ordinance Amending All Zoning Districts to Allow Public Parks and Utilities as Permitted Uses - Anthony Garganese, City Attorney. 5. Discussion - Request Direction to Staff on the Use of Liquefied Petroleum - Todd Peetz, City Planner 6. Discussion and Motion Re: Cancel Meeting on December 27th. OPEN DISCUSSION ADJOURN Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Planning and Zoning Board with respect to any matter rendered 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. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and /or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868 -1221, 48 hours in advance of the meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920 -0326 Telephone: (321) 868 -1222 • SUNCOM: 982 -1222 • FAX: (321) 868 -1247 www myflorida.com/cape • email: ccapecanaveral@cfl.rr com Zoning Meeting Date: 11/29/06 AGENDA REPORT PLANNING & ZONING BOARD 111E CITY OF CAPE CANAVERAL SUBJECT: Discussion -Special Exception Review checklist. DEPT./DIVISION: Building Department AGENDA Heading Discussion Item f/ No. !/ Requested Action: Discussion regarding creating a new or updated special exception review checklist. Discuss the process and determine key variables based on what is in the Code and recommend possible additions to code to remove most of the subjectivity with issues of compatibility Summary Explanation & Background: During the review of several past special exceptions, there were times when review questions became debatable, especially with compatibility. At the September 27th meeting, Board member Lamar Russell submitted to the Planning and Zoning Board his "thoughts on compatibility and surrounding uses". The primary emphasis of the report was establishing criteria for measuring compatibility. The City Planner has provided a DRAFT matrix to use to work from for the discussion. If values are assigned to measure compatibility they need to be meaningful and not arbitrary. At the November 8th P&Z meeting a revised draft was handed out. As a result the P&Z Board requested the item to come back to the board to be finalized at the 11/29/06 meeting. Exhibits Attached: 1) Report from P&Z Board member Lamar Russell Planning Official's Office Department LJ SPECIAL EXCEPTION WORKSHEET (Proposed) The purposes of this worksheet are two -fold: (1) to assist the Planning and Zoning Board and the Board of Adjustment in the evaluation of all criteria relevant to the application; and (2) to educate the applicant as to the criteria which must be addressed and satisfied prior to beginning the special exception consideration process. If the applicant cannot satisfactorily address one or more of the following, this should serve as a preliminary indication that the request for special exception may be denied or that the application may not be acceptable for processing. The questions should be answered as if the project is already completed and operating. Responses, when applicable to the project should be in complete sentences. CRITERIA (Building Official or Designee to verify) Does the Special Exception create any adverse impact to adjacent property due to any of the following criteria? 1) Noise Will or does the noise from any one use offend another existing use? 2) Signs, Exterior Lighting and Glare Are signs or exterior lighting, if any, designed and arranged so as to promote traffic safety and to eliminate any spill -over light or glare onto an adjoining use? 3) Vibration Will or does any vibration from any one use offend another existing use? 4) Other Detrimental Effects Will there be or are there any odor or other detrimental effects upon adjoining properties? 5) Stormwater Runoff Are there any special stormwater runoff treatment measures required and or from adjoining uses? 6) Traffic Are there differences in types and sizes of vehicles? Are ingress and egress adequate? Are there any auto and pedestrian safety issues? What is the anticipated number of vehicles in the peak hour? Are traffic flow and control addressed? Is there adequate emergency access in case of fire or medical emergency? 7) Hours of Operation Do differences in hours of operation offend another existing use? 8) Loading and Unloading Are there differences in loading and unloading between adjoining properties? 9) Parking Are there differences in off-street parking between adjoining uses? Cite the off-street parking requirements from the appropriate land development code sections. 10) Utility Requirements Are adequate and properly located utilities available? Are utility requirements substantially different from those required by adjoining uses? 11) Refuse and Service Areas Are there adequate refuse and service areas? 12) Emergency Services Will the Special Exception create any unusual police, fire or emergency services? 13) Buffering and Screening Is there adequate screening and/or buffering provided to protect and provide compatibility to adjoining properties? Cite the appropriate landscape and buffering requirements from the land development code as applicable. 14) Size and Appearance Are there serious differences in structural appearance between adjoining properties? Are there serious or extreme structural size differences? 15) Relationship to Land Values Are property values impacted? If so what is the impact? 16) Comprehensive Land Use Plan What are the applicable goals, objectives and policies of the Comprehensive Plan which apply to this Special Exception? Is this Special Exception consistent with the intent of those goals, objectives and policies? 17) Risk Factors Does potential energy storage pose a risk to surrounding area? What recommendations are made by the Fire Department? 18) Environmental Conditions Are there any environmental conditions applicable to this request? The following questions are used to summarize the impact of the information above 19) Is this Special Exception consistent with the intent of the zoning district in which this Special Exception is sought? LCD 20) Will the Special Exception meet all the requirements of the zoning district in which the request is to be located, such as : lot requirements, building setback requirements, lot coverage, height, buffers, off-street parking, signs, storage, landscaping, etc.? 21) Is the proposed use compatible with surrounding uses in its function, its hours of operation, type and amount of traffic generated, structure size and setbacks, its relationship to land values and any other facts that may be used to measure or determine compatibility? 22) Should the Special Exception be granted with any noted limitations, restrictions and/or conditions? City of Cape Canaveral Date: December 8, 2006 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Re: FILE COPY Bea McNeely, Chairperson, Planning & Zoning Board Recommendation to City Council Proposed Ordinance Amending Alcoholic Beverage Regulations Section 110-171 At the Planning & Zoning Board meeting held on November 29, 2006, by a unanimous vote, the Board recommended approval of the above referenced Proposed Ordinance with noted changes. Please schedule this item for the next City Council meeting agenda. 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 Zoning Meeting Date: 11/29/06 AGENDA SUBJECT: Heading Proposed Ordinance Item No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL Review and Recommend Comments for a Proposed Ordinance for not allowing an Establishment that sells Alcoholic Beverages within 300 feet of the Atlantic Ocean or Banana River Shorelines DEPT./DIVISION: Building Department Requested Action: Review and recommend comments to City Council on proposed ordinance for not allowing establishments that sells alcoholic beverages within 300 feet of the Atlantic Ocean or Banana River Shoreline. Summary Explanation & Background: The City Council and Planning and Zoning Board have been engaged in updating the code requirements over that last couple of years. There are codes that may be outdated or in need of updating for consistency with other parts of the code and or to further the City Council's direction and policy to staff. There have been unsolicited inquiries about the Johnson Controls site (C-2 Commercial/Manufacturing) which is just north of Center Street and west of North Atlantic Boulevard and adjacent to the shoreline of the Banana River. Inquiries about restaurants in this area have been made with no known act to purchase the property for this purpose; however, the current code would allow a property owner at this location to seek a special exception for the sale of alcoholic beverages. This would not be inkeeping with the character of the area. Exhibits Attached: 1) Proposed Ordinance Planning Official's Office Department DRAFT November 21, 2006 ORDINANCE NO. _-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES, PROVIDING THAT ESTABLISHMENTS WHICH REQUIRE A SPECIAL EXCEPTION TO SERVE ALCOHOLIC BEVERAGES MAY NOT BE PERMITTED TO LOCATE WITHIN THREE HUNDRED (300) FEET OF THE SHORELINE OF THE BANANA RIVER OR OF THE ATLANTIC COAST; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VILE, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 110-171 of the City of Cape Canaveral Code of Ordinances currently regulates establishments requiring a special exception to serve alcoholic beverages; and WHEREAS, the City Council desires to amend section 110-171 to add an additional requirement necessary to obtain a special exception to serve alcoholic beverages prohibiting establishments seeking such special exception from locating within three hundred (300) feet of the shoreline of the Banana River or of the Atlantic Coast; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 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: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, 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 this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set City of Cape Canaveral Ordinance No. = 2006 Page 1. of 3 DRAFT November 21, 2006 forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING *** ARTICLE IV. SPECIAL EXCEPTIONS *** DIVISION 2. ALCOHOLIC BEVERAGES 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 asset forth in this section and also the following: (1) The establishment shall not be permitted to locate within three hundred (300) feet of the Banana River or Atlantic Coast shoreline, 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. * * * 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. Grammatical, typographical, and like City of Cape Canaveral Ordinance No. _-2006 Page 2 of 3 DRAFT November 21, 2006 errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. 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. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2006. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor Bob Hoog Leo Nicholas Rocky Randels C. Shannon Roberts Buzz Petsos City of Cape Canaveral Ordinance No. _-2006 Page 3 of 3 For Against City of Cape Canaveral Date: December 8, 2006 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Re: Bea McNeely, Chairperson, Planning & Zoning Board Recommendation to City Council Proposed Ordinance Repealing Hotels/Motels on 12,000 Square Foot Lots Section 110-336 (1) (a) At the Planning & Zoning Board meeting held on November 29, 2006, by a unanimous vote, the Board recommended approval of the above referenced Proposed Ordinance. Please schedule this item for the next City Council meeting agenda. 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 ea Zoning Meeting Date: 11/29/06 AGENDA AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL Heading Proposed Ordinance Item No. SUBJECT: Review and Recommend Comments for a Proposed Ordinance appealing Hotels and Motels from Section 110-336(1)a, for consistency within the Code DEPT./DIVISION: Building Department Requested Action: Review and recommend comments to City Council on proposed ordinance appealing Hotel and Motels in Section 110-336(1)a for consistency within the Code. Summary Explanation & Background: The City Council and Planning and Zoning Board have been engaged in updating the code requirements over that last couple of years. There are codes that may be outdated or in need of updating for consistency with other parts of the code and or to further the City Council's direction and policy to staff. There have been unsolicited inquiries about Hotels and Motels within the City. It has happened in the past that an inquiry about this Code Section comes up. For consistency with other sections of the Code staff would recommend deleting "hotels and motels" from this section. Exhibits Attached: l) Proposed Ordinance Planning Official's Office Department DRAFT November 21, 2006 ORDINANCE NO. -2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING OF THE CAPE CANAVERAL CODE OF ORDINANCES; REPEALING THE PHRASE "HOTELS AND MOTELS" FROM SECTION 110-336(1)a TO MAKE SECTION 110-336 CONSISTENT WITH OTHER PROVISIONS OF THE CITY CODE REGARDING HOTELS AND MOTELS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 110-336 of the Cape Canaveral City Code currently provides that hotels and motels shall have a minimum lot area of 12,000 square feet; and WHEREAS, section 110-336, as it currently exists, is inconsistent with other provisions of the City Code, specifically, sections 110-332(4) and 110-1; and WHEREAS, the City Council desires to cure this inconsistency within the City Code so as to properly reflect its legislative intent regarding the area and dimension required for lots upon which hotels and/or motels will be constructed; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 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: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and atiikcout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set City of Cape Canaveral Ordinance No. _-2006 Page 1 of 3 DRAFT November 21, 2006 forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING * * * ARTICLE VH. DISTRICTS * ** DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT * * * Sec. 110-336. Area and dimensions. In the C-1 low density commercial district, the following areas and dimensions shall be required: (1) Minimum lot area shall be as follows: a. Service stations, 11otds alnkirn,tcl5, 12,000 square feet. * * * 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. 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. City of Cape Canaveral Ordinance No. _-2006 Page 2 of 3 DRAFT November 21, 2006 Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2006. Al !EST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor Bob Hoog Leo Nicholas Rocky Randels C. Shannon Roberts Buzz Petsos City of Cape Canaveral Ordinance No. _-2006 Page 3 of 3 For Against City of Cape Canaveral Date: December 8, 2006 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Re: Bea McNeely, Chairperson, Planning & Zoning Board Recommendation to City Council Proposed Ordinance Amending All Zoning Districts to Allow Public Parks and Utilities as Permitted Uses Chapter 110 At the Planning & Zoning Board meeting, held on November 29, 2006, by unanimous vote, the Board recommended approval of the above referenced proposed ordinance. Please schedule this item for an upcoming City Council 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 Zoning Meeting Date: 11/29/06 AGENDA SUBJECT: Heading Proposed Ordinance Item No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL Review and Recommend Comments for a Proposed Ordinance allowing Public Parks and Utilities as permitted uses in all zoning districts appealing a requirement for special exception in those applicable zoning districts DEPT. /DIVISION: Building Department Requested Action: Review and recommend comments to City Council on proposed ordinance allowing public parks and utilities and appealing a requirement for special exception in those applicable zoning districts. Summary Explanation & Background: The City Council and Planning and Zoning Board have been engaged in updating the code requirements over that last couple of years. There are codes that may be outdated or in need of updating for consistency with other parts of the code and or to further the City Council's direction and policy to staff. Currently both public parks and utilities require a special exception. These are services provided by the City as part of the health, safety and welfare of the community and should not be encumbered by the requirements, time and costs to the city for the processing of a special exception. There are several ongoing parks and utility projects that are necessary for the efficient and safe utilization of those facilities. Exhibits Attached: 1) Proposed Ordinance Planning Official's Office Department DRAFT November 21, 2006 ORDINANCE NO. _-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES; AMENDING THE R-1, R-2, AND R-3 ZONING DISTRICTS TO MAKE PUBLIC RECREATIONAL AREAS AND FACILITIES PRINCIPLE USES; REPEALING THOSE SUBSECTIONS IN THE R-1, R-2, AND R-3 ZONING DISTRICTS WHICH PROVIDE THAT PUBLIC RECREATIONAL AREAS AND FACILITIES MAY BE PERMITTED BY SPECIAL EXCEPTION; AMENDING THE R-1, R-2, R-3, C-1, M..1 AND C-2 ZONING DISTRICTS TO MAKE PUBLIC UTILITY EQUIPMENT, USES AND RIGHTS -OF -WAY PRINCIPLE USES WHEN SUCH USES ARE ESSENTIAL TO THE NEIGHBORHOOD IN WHICH THEY ARE LOCATED; REPEALING THOSE SUBSECTIONS IN THE R-1, R-2, R-3, C-1, M-1 AND C-2 ZONING DISTRICTS WHICH PROVIDE THAT PUBLIC UTILITY EQUIPMENT, USES AND RIGHTS - OF -WAY MAY BE PERMITTED BY SPECIAL EXCEPTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Code currently provides for public recreational areas and facilities in the R-1, R-2 and R-3 zoning districts by special exception only; and WHEREAS, the City Council desires to establish public recreational areas and facilities as principle uses within the City's residential zoning districts; and WHEREAS, the City Code currently provides for public utility equipment, uses and rights - of -way to be located in the City' s zoning districts by special exception only; and WHEREAS, the City Council desires to establish public utility equipment, uses and rights - of -way as principle uses in all of the City's zoning districts when such public utility uses are essential to the neighborhood in which they are located; and City of Cape Canaveral Ordinance No. _-2006 Page 1 of 8 DRAFT November 21, 2006 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 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: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, 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 this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING * * * ARTICLE VII. DISTRICTS * * * DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT * * * Sec. 110-272. Principal uses and structures. The principle 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;: 021 Public recreational areas and facilities., (c) Public utility equipment, uses and rights -of -way essential to serve the neighborhood in which it is located. City of Cape Canaveral Ordinance No. = 2006 Page 2 of 8 DRAFT November 21, 2006 * * * Sec. 110-274. Special exceptions permissible by board of adjustment. In the R-1low density residential district, the following special exceptions shall be permitted by the board of adjustment: (1) Public and scnrrlrtrblic p, playgionnds, Piay1"i, ld�, i.A i, atf on faci11tics and Adult congregate living facilities. (2) grnpincnt, ascs and right, -of way css.,ntAa1 to * * * DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT * * * Sec. 110-292. Principal uses and structures. In the R-2 medium density residential district, the principal uses and structures shall be: * * * 55, Public recreational areas and facilities; (6) Public utility equipment, uses and rights -of -way essential to serve the neighborhood in which it is located. * * * 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: ty cquipii1 nt, us s ai d rlgilt� L�rf:littt(t tv y.+i v4 the 11 ill IN hiit ch is locat.,d. `2) Public and nonprofit private schools with conventional curriculums; public libraries. City of Cape Canaveral Ordinance No. _-2006 Page 3 of 8 DRAFT November 21, 2006 (23) Churches and other places of worship; parish houses. (34) Public safety structures and equipment, such as fire substations, civil defense facilities and the like. ,,14at1on faci1it cs. * * * DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT * * * Sec. 110-312. Principal uses and structures. In the R-3 medium density residential district, the principal uses and structures shall be: * * * in Public recreational areas and facilities., a Public utility equipment, uses and rights -of -way essential to serve the neighborhood in which it is located. * * * 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: i11 w11ch it is ,eat4d. L2) ,i4 1 11uviiivv Public and nonprofit private schools with conventional curriculums; public libraries. Churches and other places of worship; parish houses. (34) Public safety structures and equipment, such as fire substations, civil defense facilities and the like. (5) Pabhc and s4nlipnblrc parks, pl4ygiosllds, p ay 11.,hli and 14�1Lation facilitiea. City of Cape Canaveral Ordinance No. _-2006 Page 4 of 8 DRAFT November 21, 2006 * * * DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT *** Sec. 110-332. Principal uses and structures. In the C-1 low density commercial district, the following uses and structures are permitted: (15) Public utility equipment, uses and rights -of -way essential to serve the neighborhood in which it is located. *** Sec. 110-334. Special exceptions permissible by board of adjustment. * * * (c) Special exceptions may be permitted for the following: iika6 Of * * * y crlutpment; 4a. Y t-ssenti-al—to—ser re —the (123) Theatres, drive-in theatres, photographic studios, bookstores and dance studios, unless such uses fall within the scope and restrictions of section 10-86 et seq. (134) Carwashes, including polishing, and sale of related materials. (145) Vehicle rental facility, as provided in § 110-556 of this Code. * * * DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT City of Cape Canaveral Ordinance No. - 2006 Page 5 of 8 DRAFT November 21, 2006 * * * Sec. 110-352. Principal uses and structures. In the M-1 light industrial and research and development district, the following uses and structures are permitted, provided any use or group of uses that are developed, either separately or, if developed as a unit with certain site improvements, shared in common, meet requirements of article IX of this chapter: * * * (10), Public utility equipment, uses and rights -of -way essential to serve the neighborhood in which it is located. * * * Sec. 110-354. Special exceptions permissible by board of adjustment. * * * (c) Special exceptions may be granted for the following: * * * (10) Public nt,hty cqutp; asps anidzights-of-way ..0b1,,,tial to scrvc the ►��i�l,1,l/111ood ill which it is located. (102) Permanent security living facilities, subject to an annual review and the following: * * * (113) Restaurants. (124) Public buildings. (135) Telecommunications towers, subject to the provisions of section 110-482. (146) Conveyor systems for purposes of moving aggregate and other materials, subject to the following: City of Cape Canaveral Ordinance No. _-2006 Page 6 of 8 DRAFT November 21, 2006 * * * DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT * ** Sec. 110-381. Principal uses and structures. In the C-2 commercial/manufacturing district, the following uses and structures are permitted: * * * 13. Public utility equipment, uses and rights -of -way essential to serve the neighborhood in which it is located. * ** Sec. 110-383. Special exceptions permissible by the board of adjustment. * * * (c) Special exceptions may be permitted for the following: * * * 8. y .scs and rrglI 89. Theaters, drive-in theaters, photographic studios, bookstores and dance studios, unless such uses fall within the scope and restrictions of section 10-86, et seq. 9+0. Carwashes, including polishing and sale of related materials. 10+. Mini -storage and storage warehouses. 112. Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110-171. 122. Vehicle rental facility, as provided in § 110-556 of this Code. City of Cape Canaveral Ordinance No. _-2006 Page 7 of 8 DRAFT November 21, 2006 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. 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. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2006. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor Bob Hoog Leo Nicholas Rocky Randels C. Shannon Roberts Buzz Petsos City of Cape Canaveral Ordinance No. .__-2006 Page 8 of 8 For Against 'Zoning Meeting Date: 11/29/06 AGENDA AGENDA REPORT PLANNING & ZONING BOARD TIIE CITY OF CAPE CANAVERAL Heading Discussion Item No. 5 SUBJECT: Discussion and Direction to Staff on Liquefied Petroleum Storage within all Zoning Districts DEPT./DIVISION: Building Department Requested Action: Discuss and provide direction to staff on liquefied petroleum storage within all zoning districts. Summary Explanation & Background: The purpose of the discussion is the result of many long discussions on Coastal Fuels and their proposed expansion of their liquid petroleum facility. Once the definition of liquefied petroleum was made known, a clear distinction between liquid and liquefied petroleum was made, it became evident that liquefied petroleum is being used and stored throughout the City. The Building Official and the Fire Chief have made presentations about the use, size, location, distance and regulations. There seemed to be consensus that something should be done, but direction was not given due to the nature of the report occurring in open discussion. It would seem that the use and storage should continue to occur with limitations. It is suggested that the direction should identify a minimum storage size that would require a special exception and a maximum size that could be permitted by special exception with varying size or quantities depending on the zoning district. Exhibits Attached: 1. Building Official's Report Planning Official's Office Department Memo Date: October 17. 2005 To: Todd Morley, Building Official From: Duree Alexander, Code Enforcement Officer RE: Liquefied Petroleum Storage Tanks In accordance with the Planning and Zoning Boards request 1 am providing this inventory. The the City.purpose of this inventory is to give a broad picture of how liquefied petroleum The methodology used for this research included the following: • Personal site visits > interviews with property owners • inter/levy with Jeff Roberts, City of Cape Canaveral Fire inspector • Interviews with on -site supervisory personnel D Correspondence with the following LP suppliers: • AmeriGas 4190 S Highway 1, Rockledge Discount Propane, 100 S Hopkins Av, Titusville • • Suburban Propane, 1351 N Hwy 1, Titusville • Tru Gas, 206 E. New Haven Av, Melbourne gas is currently stored in PROPANE STORAGE TANKS PER CITY OF CAPE CANAVE L CODE OF ORDIANCES C-1 Low Density Commercial District Sec. 110-334. Special exceptions permissible b bo adjustment. Y and of (c) Special exceptions may be permitted for the following: (3) Automotive service -stations, subject to the following: b. Underground storage is required for all receptacles for combustible materials in excess of 55 gallons. Such storage shall comply with all Environmental Protection Agency standards. C-2 Commercial Manufacturing District Sec. 110-383. Special exceptions permissible bythe adjustment. board of (c) Special -exceptions may be permitted for the following: (6) Sales of new and used automobiles, major recreational equipment and mobile homes with accessory services, subject to the following: c. All servicing and repair activities, except gasoline pumps, shall be located in an enclosed structure. M-1 Light Industrial and Research and Development Sec. 110-354. Special exceptions permissible by District adjustment. board of (c) Special exceptions may be granted for the following: (6) Storage of liquefied petroleum products, provided that all such uses comply with the standards set out in the National Fire Protection Association, Fire Prevention Code. Above ground storage of liquefied petroleum products in excess of 3,000 gallons shall be in an established fire district. cry PROPANE STORAGE TANKS BUSINESS: Spaceport BP ADDRESS: 8000 Astronaut Blvd. ZONING DISTRICT: C-1 Zoning District NUMBER OF PROPANE STOP A GF TANKS • : O v .av ABOVE GROUND XX BELOW STORAGE CAPACITY: 1000 Gallon LOCATION ON PROPERTY: North West side of property DISTANCE FROM NEIGHBORING PROPERTY: 168' from the North side of property 55' from the West side of property (side walk at A 1 A) TYPE OF. BUFFERING: None DATE: 09/29/06 PHOTOS TAKEN: 09/29/06 Attachments: Photos, Aerial View, Brevard County District Map ki' fact PtiaiMAIt 440113MAR% a* 49.4.Kil v‘fit http://www.brevard e a raiser.com/scripts/esrimap.dll?name=Brevard1&id-20061... 10/17/2006 P�'aP rtY Pp 4t'm FcOct, qFA Brevarct cOurit Pr °pert* Appraise Map, Searsh 255 0 1 3 KIN s 1 3 EFT 4 5 6 7 299.2 295.2 01 262 ci 8 9') 5)1 12 3' 258 LONG POINT RO 1 teq CI8-1 4 A EF-294 304.2 I 24-37-23-00-00287.0-0000.0 59 26? \AY 2 4.1 SPPgig_Peer z 1 2 1 2 11213 6 6 7 4 81 4 1 1 2 3 4 5 6 b 7 8 91811121314 I 1 5 7 9 12 13 15 http://brevardpropertyappraisencom/scripts/esrimap.dll?name=Brevardl 8zid=2006 1 0 171... 10/17/2006 PROPANE STORAGE TANKS BUSINESS: ACE Hardware ADDRESS: 8300 Astronaut Blvd ZONING DISTRICT: C-1 Zoning District NUMBER OF PROPANE STOR A GTE TAN S: One •� iva..i TA .L.L�17►iJ• ABOVE GROUND XXX BELOW STORAGE CAPACITY: 1000 Gallon LOCATION ON PROPERTY: South East side of ro e p p rty DISTANCE FROM NEIGHBORING PROPERTY: 60' to East side property line 39" to dumpster fencing TYPE OF BUFFERING: None DATE: 09/29/06 PHOTOS TAKEN: 09/29/06 Attachments: Photos, Aerial View, Brevard County District Map agc 1 01 1 41nk Ford, CFA Brevard Qourity Property Approser Map, Search 3.01 ABIA DR 5 24-37-14-00-00549.0-0000.0 512 514.1 515 516 530.1 MIPIJrte cAleceus 520C.— I 252 .61 CHURCH Li% 548 250 C.-1 2 15J 1 http://brevardpropertyappraiser.com/scriptslesrimap.dll?name=Brevardl 84id=20 0•6101 71 ... 10/17/2006 rage 1. o1 1 4f Errs ,. (Fr • EtrAvak Ur.$_#» P t; :e t Ape:kg:1,4 a 41.4 5 c http://brevardpropertyappraiser.com/scripts/esrimap,dll?name=Brevardl&id=200610171 __. 10/17/2006 PROPANE STORAGE TANKS BUSINESS: AJT, LTD ADDRESS: 8910 Astronaut Blvd ZONING DISTRICT: C-2 Zoning District NT TMB FR OF PROPANE STORAGE TANu c : One ABOVE GROUND BELOW XXX STORAGE CAPACITY: 1000 Galion LOCATION ON PROPERTY: North East side of property DISTANCE FROM NEIGHBORING PROPERTY: 40' to East side of building 20' North East of A/C fence 90' from East neighboring property TYPE OF BUFFERING: None DATE: 10/12/06 PHOTOS TAKEN: 10/12/06 Attachments: Photos, Aerial View, Brevard County District Map 10Y Ji FOrci,. P:FR arevar4 Gouty Property Appraiser - Map,: Search http://brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &id=2006 1 01 71 ... 10/17/2006 4i Fo11.03, CI4 E.4re.-var4 CAtottx !:tipt http://brevardpropertyappraiser.com/scrip#s/esrimap.d117narne=B revardl &id=200610171... 10/17/2006 a .... NC. • PROPANE STORAGE TANKS BUSINESS: Purcell's Distributors, Inc. ADDRESS: 9010 Astronaut Blvd ZONING DISTRICT: C-1 Zoning District NIrn EER nF PRnPANF STORAGE TANKS: r��^�yn . v♦•.ii.�i.. �.w vim. y .+.wvi � ai �i X t/1 i\JL Three small ABOVE GROUND XX BELOW STORAGE CAPACITY: 100 Pound Cylinder (2) Tanks for Forklifts *see attached photo LOCATION ON PROPERTY: Cylinders stored inside building near bay door. DISTANCE FROM NEIGHBORING PROPERTY: N/A TYPE OF BUFFERING: None DATE: 10/13/06 PHOTOS TAKEN: 10/13/06 Attachments: Photos, Aerial View, Brevard County District Map F. r+cd:, c,FA, http ://brevardpropertyappraiser. com%scripts/esrimap. dll?name=Brevard I &id=200 610181... 10/ 18/2 006 4,10 Foxcts, PFA, Provard county: Property Appraiser Map Search http://brevardpropertyappraiser.com/scriptsiesrimap.dll?name=Brevardl &id=2006 10 1 71 ... 10/17/2006 eel° A-n-aw Q ' PROPANE .STORAGE TANKS BUSINESS: United Space Alliance ADDRESS: 250 West Central Blvd ZONING DISTRICT: C-2 Zoning District NI -JAM E OF PROPANE STORAGE TA.1,KS: CV :v7c al small Containers in a storage rack ABOVE GROUND XX BELOW STORAGE CAPACITY: 100 Pound Cylinder Tanks for Forklifts LOCATION ON PROPERTY: Cylinders stored in rack abutting Ease side property line DISTANCE FROM NEIGHBORING PROPERTY: none TYPE OF BUFFERING: Chain link fence and vegetation DATE: 09/29/06 PHOTOS TAKEN: 09/29/06 Attachments: Photos, Aerial View, Brevard County District Map tascIV11 ottin l* gEA c n° PPAiA Aptif.a4ek, M. http://brevard rope p rtyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &id=200610181... 10/18/2006 ittga F 0744. F EtrAMV4 Qo..nt• P Proem ARV; 0444 e - Ma s.. -aC h http://brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevardl &id=200610181... 10/18/2006 c5.1..: 1,1 11ll 147sfi { 4[A 7 �% 4 It `t. 3 t F�l,y ;!s 14 J ifl�i• (tyy. % QNIY 1f3 4'43txx YiS F t • YY k4At#Ifatligi, AiY1T I1l5 44.1 •b3 RY f x r.1 4Pltkf t. $ ...4/ 4 ig tl N f t iT � o�a T�ij t' 14 4 1?;F I t} I tt�5.4it4 11"11 6'qx %1XII V , Vtl (I7�11 ifs{1 q�1j 3 ...t_..� 't'lv 4ta3�c +thbro35t _ -'$0r--t-01010i_1l11 Vkk.� 1 l5y14 l1V1lklt!i'i17k5. 4' 1101 1. r 4`ti TI t k4 `rat I1 Y171 t USPI- •- Te's. r+'V e c. sr cEA--�- -ate 9 791ce PROPANE STORAGE TANKS BUS INES-S . rthur -Jonathan ADDRESS: 8700 Commerce Street ZONING DISTRICT: M-1 Zoning District NUMBER OF PROPANE STORAGE TANKS: One ABOVE GROUND XX BELOW STORAGE CAPACITY: 120 Gallon LOCATION ON PROPERTY: North West corner of building. DISTANCE FROM NEIGHBORING PROPERTY: 15' from north property line TYPE OF BUFFERING: Chain link fence and vegetation DATE: 09/30/06 PHOTOS TAKEN: 09/30/06 Attachments: Photos, Aerial View, Brevard County District Map agc1 ul 1 4m Fqr-A, qFA arevarck cgtimtV Pr.ofq/Zt* Apprats_e4 Ma Search .14,1 ttt rtva' 24-37-15-00-00751.0-0000.0 L1 http://brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevardl &id=2006 1 0 1 81 ... 1 0/1 8/2006 4isk Fcmct, cEA itzev4;03 County t etmeerztit Ap:litAk 4A* 44.41 4.44M4 http://brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevardl&id=20061 01 8 1 ... 1 0/18/2006 PROPANE STORAGE TANKS --BUS-:-Marshall-Manufacturing ADDRESS: 200 Imperial Blvd. ZONTNG DISTRICT: M-1 Zoning District hrtTh/1 OF PryOpAGrp cTnP A(P TA1rrrc..r e 1 v Lr t J JL% v PROP I.1J .t V1 1VL L IJ. \ L L.P. <Jtt4 .ABOVE GROUND XX BELOW STORAGE CAPACITY: 500 Gallon LOCATION ON PROPERTY: North West section of property DISTANCE FROM NEIGHBORING PROPERTY: 90' from the North side of property 100' from the West side of property TYPE OF BUFFERING: Chain link fence and vegetation surrounding property DATE: 09/29/06 ?HOTOS TAKEN: 09/29/06 Attachments: Photos, Aerial View, Brevard County District Map Jai.., For4,, PJA Sr a vAd _bca,u�_ y, Proper A p:ra Lse.r Ravi Se •rcb / 24-37-15-00-00755. -0000.0 1 http://brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &id=200610181... 10/18/2006 lJ1 1 Oa F-9,011 efAk ittexa,44 Pogipstv Rk.9,wattv Attp444,41 4,q4tch 24-37-15-00-00755.1.0000.0 http://brevardpropertyappraiser.c om/scripts/esrimap. dll?name=B revard 1 &id=20 0 6101 81... 10/18/2006 ''n:x• PROPANE STORAGE TANKS BUSINESS: Ame ' uropean a e rY ADDRESS : 407 Imperial Blvd. Unit D-3 ZONING DISTRICT: M-1 Zoning District M TI BER OF PROPANE C TO A n_' T A ,. r�-r S O " ` .. i , , vttl`I .J.L' 1 t%1 V 11►J : tJI e ABOVE GROUND XX BELOW STORAGE CAPACITY: 120 Gallon LOCATION ON PROPERTY: North East comer of building DISTANCE FROM NEIGHBORING PROPERTY: 25' from the East side of property 30' from the North side of property TYPE OF BUFFERING: None DATE: 10/13/06 'HOTOS TAKEN: 10/16/06 Attachments: Photos, Aerial View, Brevard County District Map Rrevar 4iat Forci,, qFA County `-•o.pe t . Ap .era&s . Sea,r.:c:h 24-37-15- 10-40812. 1- iO4 0 http_//brevardproperryappraiser.com/scripts/esrimap.dil?name=Brevard 1 &id=200610181... 10/18/2006 4int Ft ;i Ev, Cf Ai #: eva;Qq4.01. P- 'op.e tit A ptI-,a.40.4 -- Ida!' ,e4.i'C1 http://brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1 &id=200610181... 10/18/2006 PROPANE STORAGE TANKS FOR MOBILE HOME PARKS Cocoa Palms Trailer Park 6815 N Atlantic Avenue 84 Mobile Home Sites 70 Have Propane Tanks Hitching Post Trailer Park 7521 N Atlantic Avenue 100 Mobile Home Sites 75 Have Propane Tanks Mango Manor Trailer Park 8507 N Atlantic Avenue *Includes Kings Lane 46 Mobile Home Sites 36 Have Propane Tanks Southgate Mobile Home Park 8817 N Atlantic Avenue 110 Mobile Home Sites 19 Propane Tanks Page 2 Mobile Home Propane Tanks Port Canaveral Trailer Park 8911 N Atlantic Avenue 66 Mobile Home Sites 4 Propane Tanks Oak Manor Trailer Park 8705 N Atlantic Avenue 71 Mobile Home Sites 11 Have Propane Tanks All propane tanks in the mobile home parks abut the mobile home. They very in size and location, some are located in the front, side and rear of the mobile home. Attached are photos of the different size tanks and locations. ***ALL VISIBLE TANKS APPEAR TO BE UNDER 120 GALLONS Zoning Meeting Date: 11/29/06 AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL AGENDA Heading DIscussiion Item # No. N V SUBJECT: Consider Meeting Cancellation of December 27th P&Z Meeting DEPT./DIVISION: Building Department Requested Action: Consider canceling the December 27th P&Z meeting. Summary Explanation & Background: Normally the P&Z meeting is cancelled due to the proximity of the Christmas holiday. The next meeting after that date will be the regularly scheduled meeting January 10, 2007. Exhibits Attached: Planning Official's Office Department 61 tanrd% ldl'n Cade /9 7� CHAPTER III FIRE DISTRICT SECTION 301 — GENERAL BUILDING RESTRICTIONS — WITHIN THE FIRE DISTRICT 301.1— GENERAL For the purpose of this Code there shall be established a Fire District and such Fire District shall be in accordance with the pro- visions of Section 301.4. 301.2 — TYPES OF CONSTRUCTION PERMITTED Within the Fire District every building hereafter erected shall be one of the following Types (except as permitted in Section 304). Type I Type II Type III Type IV Type V 301.3 — OTHER SPECIFIC REQUIREMENTS (a) Exterior walls of buildings located in the Fire District shall comply with the requirements specified in Chapter VI —except as set forth in Section 608.3. (b) Every Group H Occupancy shall be prohibited from location within the Fire District. (c) Every building shall be fire protected throughout as speci- fied for the various Types of Construction in Chapter VI. (d) Roof covering in the Fire District shall conform to the re- quirements of Type A or B—Roof Coverings as defined in Section 706. (e) In buildings two (2) stories or more in height (unless of Type III Construction; Sprinklered throughout; an Automobile Park- ing Structure; or surrounded on all sides by a permanently open space of not less than thirty (30) feet) all walls, floors, roofs and their supporting structural members shall provide not less than one (1) hour fire resistance. (Temporary partitions are set forth in Table 700.). 3-1 (f) Within the Fire District the exterior walls of Type IV Build- ings shall provide the following fire resistance: Exterior Walls (Except as pro- vided in Section 608.3) 2 FIRE DISTRICT A.) Buildings More Than One Story OR More Than 2000 Sq. Ft. in Area. 2 N.C.* B.) One Story Buildings Not Exceeding 2000 Sq. Ft. in Area. 1.) Walls facing and within 15 feet of common property or interior lot line. 2.) Other walls. *noncombustible 301.4 — SCOPE (a) The Fire District shall include such territory or portion as outlined in an Ordinance or law entitled "An Ordinance (Resolution) Creating and Establishing A Fire District." Whenever, in such ordi- nance creating and establishing a Fire District, reference is made to the Fire District, it shall be construed to mean the Fire District designated and referred to in this Chapter. (See Appendix "G" for recommended method of establishing said Fire District.) (b) The Fire District complying with the provisions of this Sec- tion shall be shown on a map, which shall be available to the public. SECTION 302 - CHANGES TO BUILDINGS 302.1— E'XISTING BUILDINGS WITHIN THE FIRE DISTRICT An existing building shall not be hereafter increased in height unless it is of a type of construction permitted for new buildings within the Fire District or is altered to comply with the requirements for such type of construction. Nor, shall any existing building be hereafter extended on any side unless such extensions are of a type of construction permitted for new buildings within the Fire District. 302.2 — ALTERATIONS — GENERAL Nothing in this Section, however, shall prohibit other alterations within the Fire District provided there is no change of Occupancy that is otherwise prohibited and provided the fire hazard is not in- creased by such alteration. 302.3 — MOVING BUILDINGS Buildings shall not hereafter be moved into the Fire District or to another lot in the Fire District unless it is of a type of con- struction permitted in the Fire District. (See Section 2204—Regula- tions for Moving Buildings.) 3-2 SECTION 303 - BUILDINGS LOCATED IN AND OUT OF THE FIRE DISTRICT Any building located partially in the Fire District shall be of a type of construction required for the Fire District, unless the major portion of such building lies outside of the Fire District and no part is more than ten (10) feet inside the boundaries of the Fire District. SECTION 304 - EXCEPTIONS TO RESTRICTIONS IN FIRE DISTRICT (a) The preceding provisions of this Chapter shall not apply in the following instances: 1. Temporary Buildings used in connection with duly authorized construction. 2. A private garage used exclusively as such, not more than one (1) story in height, nor more than six hundred and fifty (650) square feet in area, located on the same lot with a dwelling. 3. Fences not over eight (8) feet in height. 4. Coal Tipples, Material Bins, Trestles conforming to Section 412.5. 5. Water Tanks and Cooling Towers conforming to Section 713 and Section 714. 6. Greenhouses less than fifteen (15) feet high. 7. Porches on dwellings not over one (1) story in height, and not over ten (10) feet wide from the face of the building, provided such porch does not come within five (5) feet of any property line. 8. Display signs as provided in Chapter XXIII. 9. Sheds open on a long side not over fifteen (15) feet high and five hundred (500) sq. ft. in area. 10. One and two family dwellings when of a type of construction not permitted in the Fire District may be extended twenty-five (25) percent of the floor area existing at the time of inclusion in the Fire District by any type of construction permitted by this Code. SECTION 305 — OUTSIDE THE FIRE DISTRICT Outside the Fire District, all types of construction are permitted provided they comply with the provisions prescribed elsewhere in this Code that apply regardless of location. Roof Coverings shall con- form to the requirements as defined in Section 706. 3-3