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HomeMy WebLinkAboutOrdinance No. 04-19991 1 1 ORDINANCE NO. 04 -99 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING. ARTICLE VII, DISTRICTS. BY THE ADOPTION OF A NEW ZONING DISTRICT WITHIN THE CITY UNDER A NEW DIVISION 8, C -2 COMMERCIAUMANUFACTURING DISTRICT, SETTING FORTH PRINCIPAL USES AND STRUCTURES; USES BY SPECIAL EXCEPTION; PROHIBITED USES; AREA DIMENSIONS; SETBACKS; AND OTHER PERFORMANCE STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Chapter 110, Zoning, Article VII, Districts, is hereby amended by the addition of a new Division 8, C -2 Commercial /Manufacturing District, under Sections 110 -380 through 110 -389, inclusive, as follows: Section 110 -380 Intent. The requirements for the C -2 commercial/manufacturing district are intended to apply to an area adjacent to major arterial streets, located adjacent to existing commercial or manufacturing uses and convenient to major residential areas. This district would be associated with a mix of low density commercial and light industrial. The types of uses permitted are intended to serve employment and consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. All principal uses permitted in this zone shall be contained in an enclosed structure. All buildings in this district shall be considered in the fire district, as per the definition in Section 110 -1 and shall be built in conformance with the rules and regulations of fire districts. Section 110 -381 Principal Uses and Structures. In the C -2 commercial /manufacturing district, the following uses and structures are permitted: 1. Retail stores, sales and display rooms, and shopping centers. 2. Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations, tailor shops, daycare and similar uses. 1 1 1 City of Cape Canaveral Ordinance No. 04 -99 Page 2 3. Dry cleaning establishments using non - flammable solvents and cleaning fluids as determined by the fire chief. 4. Professional offices, studios, clinics, laboratories, general offices, business schools, data processing and similar uses. 5. Banks and financial institutions. 6. Places in which goods are produced and sold at retail upon the premises. 7. Eating establishments, bakeries and delicatessens. 8. Non - commercial public parks; commercial indoor playgrounds; clubs and lodges; cultural facilities; hospitals; clinics; mortuaries and funeral homes (excluding crematories); government offices; schools; adult and youth centers; churches; reading rooms and similar uses. 9. Vocational and trade schools not involving operations of an industrial nature, such as truck driving schools. 10. Repair service establishments, such as household appliances, radio, television and similar uses (excluding automobile repairs). 11. Automotive service stations, subject to the following: a. All setbacks shall be no less than 25 feet from any portion of the. building, including pump islands. 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. The accumulation and storage of waste petroleum products is forbidden, unless in compliance with Environmental Protection Agency standards. d. Curb cuts shall be made in accordance with Section 110 -493. e. No service stations shall be erected or located within 150 feet 1 1 1 City of Cape Canaveral. Ordinance No. 04 -99 Page 3 of the property line of any church, hospital, school or park. f. A visual screen, meeting the specifications of Section 110 -566, shall be provided along any property line abutting a residential district or residential use. Services and sales permissible include only the following: 1. Spark plugs, batteries, distributor parts, ignition system parts, vehicle wiring and the like. 2. Exhaust system components, engine cooling components, automotive air conditioning system components, braking system components, vehicle lighting system components, radios, steering assembly parts, fuel system components and the like. 3. Tire servicing and repair, but not recapping. 4. Washing and polishing, including the sale of related materials. 5. Greasing, oil changes and other lubrication. 6. Sale of cold drinks, package foods, tobacco and similar convenience goods for service station customers. 7. Road maps, informational materials and restroom facilities. G:\ CityC lk \Ordinances\ZONING \C2ZONE.doc 1 1 1 City of Cape Canaveral Ordinance No. 04 -99 Page 4 Vehicles shall not be parked outside the building for more than four days, such four days to be considered as an accumulated parking time, whether consecutive or accumulated. Uses permissible at a service station do not include body work, straightening of body parts, painting, welding (other than minor repairs), storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a body shop. j. Automotive parts, new or used, shall not be stored outside. k Vehicles are not to be dismantled or scrapped for parts. I. Engine and transmission overhaul may be performed only inside the service bays. m. A minimum of two enclosed service bays and a customer waiting area must be provided if maintenance and repairs are a part of the business. n. A minimum building size of 2,000 square feet shall be provided. o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement. Landscaping shall conform to Section 110 -566. Service stations shall not be erected or located within 2,000 feet of the property line of another service station. 12. Light manufacturing, including: p. q. a. Instruments for controlling, measuring and indicating physical characteristics. b. Optical instruments and lenses. G:\ Cityalc \Ordinances\ZONING \c2ZONE.doc 1 1 1 City of Cape Canaveral Ordinance No. 04 -99 Page 5 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, amusements, sporting and athletic goods. j. Radio, TV, phonograph and electronics instruments and parts. k. Pens, pencils and other office and artist materials. 1. Costume jewelry, costume novelties, buttons and notions. m. Other similar uses. Section 110 -382 Accessory Uses and Structures. In the C -2 commercial /manufacturing district, customary accessory uses of one or more of the principal uses, clearly incidental and subordinate to the principal use, in keeping with the commercial manufacturing character of the district, are permitted. Section 110 -383 Special Exceptions Permissible by the Board of Adjustment. (a) In the C -2 commercial /manufacturing district, after public notice and hearing, the Board of Adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards, as set forth in this zoning district. (b) The Board of Adjustment may adjust setbacks and provisions noted G:\ CityCCIk \Oadinances\ZON1NG\C2ZONE.doc 1 1 1 City of Cape Canaveral Ordinance No. 04 -99 Page 6 in Article IX of this Chapter as necessary and appropriate in granting special exceptions. (c) Special exceptions may be permitted for the following: 1. Plant nurseries and greenhouses, provided that all outside display of merchandise are contained within the required setbacks. 2. Vocational and trade schools involving operations of an industrial nature. 3. Radio and television studios. 4. Temporary security facilities, subject to annual review. 5. Veterinary hospitals and clinics, subject to the provisions designated in Division 5 of this Article for the C -1 district. 6. Sales, leasing and rental of new and used automobiles, major recreational equipment and mobile homes with accessory services, subject to the following: a. Outside areas where merchandise is displayed shall be paved. b. All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 30 feet apart on the same street. c. All servicing and repair activities, except gasoline pumps, shall be located in an enclosed structure. There shall be no storage of junked or wrecked automobiles, other than temporary storage, not to exceed 30 days. These vehicles shall be within an enclosed area and not be visible from outside the property. G:l cityclk \Ordinances\ZONING \c2ZONE.doc 1 1 1 City of Cape Canaveral Ordinance No. 04 -99 Page 7 e. Ingress and egress points shall not be placed so as to endanger pedestrian traffic. 7 Commercial establishments for the storage of parking recreational vehicles, trailers and trailerable items, provided it meets the following, as a minimum: a. Minimum lot size of 10,000 square feet. b. Vehicle storage area must be obscured from view by either walls, fences or hedges. c. Walls, fences and hedges must comply with all city rules and regulations and must be kept in good condition, so as to ensure obstruction from view. 8. Public utility equipment: uses and rights -of -way essential to serve the neighborhood in which it is located. 9. 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. 10. Carwashes, including polishing and sale of related materials. 11. Mini - storage and storage warehouses. 12. 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. Section 110 -384 Prohibited Uses and Structures. In the C -2 commercial /manufacturing district, the following uses and structures are prohibited: 1. All uses not specifically or provisionally permitted in this division. G:\ CityCClk \Ordinances\ZONING \C2ZONE.doc 1 1 1 City of Cape Canaveral Ordinance No. 04 -99 Page 8 2. Any use which fails to meet performance standards specifications as provided in Section 110 -466. 3. Bottle clubs. 4. Crematoriums (animal or human). Section 110 -385 Area and Dimensions. In the C -2 commercial /manufacturing district, the following areas and dimensions shall be required: 1. Minimum lot area shall be as follows: a. Service stations, 12,000 square feet. b. All other principal uses and structures shall be 10,000 square feet. 2. Minimum lot width shall be as follows: a. Service stations, 100 feet. b. All other principal uses and structures shall be 75 feet. 3. Minimum lot depth shall be 100 feet. 4. Maximum lot coverage shall be 50 percent. 5. Minimum floor area shall be 300 square feet. 6. Maximum height shall be 45 feet. Section 110 -386 Minimum Setbacks. In the C -2 commercial /manufacturing district, the minimum setbacks required shall be as follows: 1. Front, 25 feet. G:\ Calk \Ordinanoes\ZONING \C2ZONE.doo 1 1 1 City of Cape Canaveral Ordinance No. 04 -99 Page 9 a. (See subsection (b) of this Section.) 2. Side (interior lot line) 15 feet, except where industrial property abuts a residential district, in which case the minimum side interior lot shall be 25 feet. 3. Side (comer lot line), 25 feet. 4. Rear, 15 feet, except where industrial property abuts a residential district, in which case the minimum rear yard requirement shall be 25 feet. 5. Public or private street, 25 feet. a. (See Section 110 -356 for special setbacks.) Section 110 -387 Landscaping, Screening and Parking. In the C -2 commercial /manufacturing district, landscaping, screening and parking shall be as provided in Article IX of this Chapter. Section 110 -388 Performance Standards. In the C -2 commercial /manufacturing district, performance standards shall be as provided in Section 110 -466, et seq. Section 110 -389 Parking and Loading. In the C -2 commercial /manufacturing district, off - street parking shall be as provided in Section 110 -491, et seq., and off- street loading shall be as provided in Section 110 -506, et seq. SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. G:\ CityClk \Ordinances\ZONING \CBZONE.doc 1 1 1 City of Cape Canaveral Ordinance No. 04 -99 Page 10 SECTION 3. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts of an ordinance or resolution, in conflict herewith are repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 6th day of July, 1999. ATTEST:.. is Sandra, ?C:. TY CLERK AP P ROVE'EY TO FORM: Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Richard Treverton Kohn Bennett, CI ATTORNEY G:\ Cityclk \ordinances\ZONING\C2ZONE.doc Rocky Randels, MAYOR FOR AGAINST Second Absent Motion X x LPA : Posted: Published: First Reading: Published: 2 "d Reading: May 12, 1999 June 6, 1999 June 6, 1999 June 15, 1999 June 27, 1999 July 6, 1999