HomeMy WebLinkAboutOrdinance No. 12-1971 incompleteMICROFILMED - - -----
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ORDINANCE NO. 12 -71
AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS
FOR THE CITY OF CAPE CANAVERAL, FLORIDA, AND PROVIDING FOR THE
ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF, IN ACCORDANCE
WITH THE PROVISIONS OF CHAPTER 176, FLORIDA STATUTES, AND FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH.
ORDINANCE NO. 12 -71 WAS AMENDED BY THE FOLLOWING:
ORD. # 18 -71
ORD. # 2 -72
ORD. # 19 -72
ORD. # 22 -72
ORD. # 8 -73
ORD. # 13 -73
ORD. # 17 -73
ORD. # 34 -73
ORD. & 39 -73.
ORD. # 40 -73
ORD. # 41 -73
ORD. # 47 -73
ORD. # 4 -74
ORD. # 8 -74
ORD. # 14 -74
ORD. # 5 -75
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NUING RLGULATIO14S _ CAPE CANAVERAL, rLORIDA
Table of Untenls
I. Purpose ------------------------------------ ___ ............
II. Repeal of Conflicting Ordinances ____________ _________________
I11. Short of
•__________________ __________ _____________________
EStablislU]ent of Uis triers: Provisions far
Official Zoning Hap ----------------- ----------------------
V. Application of District Regulations ------------- --•- ___ -__ - -_
VI. Non - conforming Lots, flon. conforming Uses of
Land tlon- COnfomling Structures, and Non -
confo
_in g Uses of Structures and Premises •------- ---------
VII. Schedule of District Regulations Adopted ---------------------
R -1 Single Family Residential District ---------- ------ -----
N -2 One, Two and Hul tiple family Dwollinq District
H -3 I tiPI Family Dwelling District ------------ ----------
tR -1 Single rand ly Fiobi le I {one District -------------- ------
C -1 Low Density Co —rcial District -- •_______ ________•_____
C -2 General Commerclai District ------------------
----------
T -1 Tourist District -•------------- -•__-- ___- ____-
H -I L19ht Industrial and Wa rehnus in9 District ------- -------
14 -2 General Industrial Uis tri ct --- •----------- -- ---- --- ----
II -3 General Industrial District ------------- ----- --------
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VI11. Schedu ie of Special Exceptions Permissible 0y
Una rd f Ad'
r age
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0 3ustl —t for Planned Development ---------- - ----- 55
la. Uff- Street Parking and Loading Renulations ------------- ------ 85
N. If-, Occupations ------------------------------------------- __ "
xi. Perfomance Standards ------------------------------ ____...... 92
X11. Supplellentary District Regulations ___________ ________________ 100
x111. Admilllslration and Enforcement - flu ildinq Permits
and Certificates of Occupancy •• ---------------------------- 111
XIV. Board of Adjustments - Establishment and
Procedure____________________ ____________ _________ ___ __ __ __
MV. Board of Adjustment - Powers and Duties --- •------ -- --- -- -- - --
M. Appeals fro, the Board of Adjustment -------------------------
MI. Duties of Building Official, Uoa rJ of AJjustmunt
and City Council on liat[ers of Appeal - ----------------
-- ---
%VIII. A— dment_ ____________________ ___ _____ ___ __ ___ _____ ____ ______
MIX. Schedule of Pees. Charges and Expenses ____ ___________________
MM. Provisions of Ordinance Declared to he
Minimuwn Bequlrenents __ -------------------
__________________
XX1. Complaints Regardinq Violations •____________________
XX11. Penalties for Violations ----------------------------
MMIII. Separability Clause ----•______ ____________ ___ _____ ___ __ _ _ _ ___
XXIV. Definitions ___________________ ______ _________________________
MXV. Effective Date
XX'J1. Incorporation of Zoning Ordinance in a Code Provided ---------
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ZOIIING REGULATIONS - CAPE CANAVERAL, FLORIDA
® ORDINANCE NUMBER 12.71
® At; URDINANCE LSTAOLISHING COMPREIIENSIVE ZOIIIRG REGULATIONS FOR FILL
CITY OF C„PE CANAVERAL, FLORIDA, ANO PROM,,,,, FOR TILE ADSII NI STRAIT IM,
® ENFORCEMENT 7111) AMENDMENT THEREOF, It' ACCORDANCE WITH THE PROVISIONS
OF CHAPTER 176, FLORIDA STATUTES, AIID FOR THE REPEAL OF ALL ORDINANCES
® IN CONFLICT HEREWITH.
1. PURPOSE
WHLREAS Chapter 176, Florida Statutes, empowers the City to enact
® a zoning ordinance and to provide for its administrWar, enforce^�ent,
and amendment, and
®
WIfERCAi the City Council deems it
necessary, for the purpose or
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prom tin9 the health, safety, morals, and general
welfare Of the
City to enact such an ordinance, and
®
WHEREAS
the City Council nursuant to the Provisfons of Chanter 176,
Florida Statutes, has appointed a Zoning and P1ann1n9
Board to
recur —d the Uoundaries of the various original districts and
appropriate regulations to he enforced therein, and
NHLREAS the Zoning Ind Planning Board has divided the City into
districts
and has prepared regulations perta inin9 to such districts
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I" accordance with a comprehens lye plan and desfgned to lessen
canyes tlon in
the streets; to secure safety from fire,
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and other dangers; to promote health and the general welfare; to
provide adequate light and air; to prevent the overcrowding of land;
to avoid undue concentration of population; to facilitate the adequate
provision of transportation, water, sewerage, schools, parts, and other
public requirements, and
WHEREAS the Zoning and Planning Board has given reasonable consideration,
among other things, to the character of the districts and their peculiar
suitability for particular uses, with a view to conserving the value
of buildings and encouraging the most appropriate use of land Ihrough-
out the municipality and
WHEREAS the Zoning and Planning Board has made a preliminary report
and held public hearings thereon, and submitted its final report to
the City Council and
WHEREAS the City Council has given due public notice of hearings
relating to zoning districts, regulations, and restrictions, and
has held public hearings, and
WHEREAS all requirements of Chapter 176, Florida Statutes, with
regarJ to the preparation of the report of the Zoning and Planning
Board and subsequent action of the City Council have been met;
609 THEREFORE RE IT ORDAINED BY THE PEOPLE OF THE CITY OF CAPE
CA,IAVERAL, FLORIDA:
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® 11. REPEAL OF CUNFLICTIIIG OROIRNICES
Ordinance No. 81-64 of the City of Cape Canaveral, as amended, is
hereby abolished and repealed, and all other City ordinances, reso-
lutions ar general laws, or any Part thereof, in conflict with any
provisions of tlds ordinance are hereby abolished and repealed.
ShORT TITLE
This ordinance shall be known and may be cited as "The Zoning Ordinance
® of the City of Cape Canaveral, Florida."
IV. ESTAOLISIIMCIIT OF DISTRICTS: PROVISION FOR OFFICIAL ZONING MAP
I. Ufflcial Zoning flap - The City is hereby divided into zones,
or districts, as shown on the Official Zoning Map which,
together with all explanatory matter thereon, is hereby adopted
by reference and declared to be a part of this ordinance.
The Official Zoning Map shall be Identified by the signature
of the Mayor attested to by the City Clerk, and bearing the
seal of the City under the following words: "This is to
certify that this is the Official Zoning Map referred to In
Article IV' of Ordinance Number 1.71 of the City of Cape
Canaveral, Florida" together with the date of the adoption
of this ordinance.
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if, in accordance with the provisions of this ordinance and
Chapter 176, Florida Statutes, changes are made in district
boundaries or other matter portrayed on the Official Zoning
Map promptly after the amendment has been approved by the
City Council, together with an entry on the Official Zoning
Map are as follows: "On (date), by official action of the
City Council, the following (change) changes were made in
the Official Zoning Map: (brief description of nature of
change)," which entry shall be signed by the Mayor and
attested by the City Clerk. The amending ordinance shall
provide that such changes or amendments shall not bectme
effective until they have been duly entered upon the Official
Zoning Map.
Ito changes of any nature shall be made in the Official
Zoning Map or matter shown thereon except in conformity
with the procedures set forth in this ordinance. Any
unauthorized change of whatever kind by any person or
persons shall be considered a violation of this ordinance
and punishable as provided under this ordinance.
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Regardless of the existence of purported copies of the
Official Zoning Map which may from time to time be made
or published, the Official Zoning Map which shall be
scored in the vault in City Hall when not in use, and
shall be the final
readily available to the public
auttmrity as to the current zoning status of land and
water areas, buildings and other structures in the City-
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Placement of Official 2aninn l7ap - In the uvent that the Official
Zoning Map becomes damaged, destroyed, lost or difficult to inter-
pret because of the nature or number of changes and additions,
the City Council may by resolution adopt a new Official Zoning
Hap which shall supersede the prior Official Zoning Map. The
new Official Zoning Map may correct drafting or other errors or
omissions in the prior Official Zoning Map, but no such correction
shall have the effect of amending the original zoning ordinance
or any subsequent amendment thereof. The new Official Zoning
Map shall be identified by the signature of the Mayor attested
by the City Clerk, and bearing the seal of the city under the
following words: "This is to certify that this Official Zoning
Map adopted (date of adoption of map being replaced) as part of
Ordinance No. _ of the City of Cape Canaveral, Florida."
Unless the prior Official Zoning Map has been lost, or has been
totally destroyed, the prior map or any significant parts thereof
remaining, shall be preserved together with all available records
pertaining to its adoption or amendment.
3. Pules for Interpretation of District Boundaries - Where uncer-
tainty exists as to the boundaries of districts as shown on
the Official Zoning Map, the following rules shall apply:
a. Boundaries indicated as approximately following the
center lines of streets, highways, or alleys shall be
construed to follow such center lines:
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b. Boundaries indicated as approximately following platted
lot lines shall be cpnstrued as following such lot lines;
c. Boundaries indicated as approximately following City
limits shall be construed as following City limits;
d. Boundaries indicated as fallowing shore or bulkhead
lines shall be construed to follow such shore or bulk-
head lines, and in the event of change in the shore or
bulkhead line, shall be construed as fallowing Che
original shore or bulkhead line; boundaries Indicated
as approximately following the center lines of streams,
rivers, canals, lakes, or other bodies nr water shall
be construed to follow such center lines;
e. Boundaries indicated as parallel to or extensions of
features indicated in sub - sections (a) through (d)
above shall be so construed. Distances not specifically
indicated on the Official Zoning Map shall be determined
by the scale of the map;
I. In cases where the actual location of physical features
varies from those shown on the Official Zoning Man,
or in other circumstances not covered by sub- sectians
(a) through (e) above, the Board of Adjus vent shall
interpret the district boundaries.
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V. APPLICATION OF DISTRICT REGULATIONS
The regulations set by this ordinance within each district shall be
m•lnirun regulations and shall apply uniformly to each class or kind
of structure or land, and particularly:
® 1. No huilding, structure, or land shall hereafter he used or occupied,
and no building or structure or part thereof shall hereafter be er-
eected, constructed, reconstructed, moved, or structurally altered
unless 1n confomity with all of the regulatiuns herein specified
for the district In vmich it is located.
2. r,o building or other structure shall hereafter be erected or altered:
ta To —ocd the height;
o To accommodate or house a greater number of families;
® c To occupy a greater percentage of lot area;
d To have. narrower or smaller rear yards, front yards, side
® yards, or other open spaces than herein required; or in any
other manner contrary to the provisions of this ordinance.
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1. No part of a yard, or other open space, or off- street parking or
loading space required in connection with any buildlnq for the pur-
pose of comolying with this ordinance, shall he Included as part of
a yard, open space, or off- street parking or loading space simil-
arly required for any other building.
4. no yard or lot existing at the Lire If passage of this ordinance
shall be reduced in dimension or area below the min mum require-
ments set forth herein. Yards or lots created after the effec-
tive date of this ordinance shall meet the minimum requirements
established by this ordinance.
S. Within each district, the regulations set by this ordinance shall
be minimum regulations and shall apply uniformly to each class or
kind of structure or land.
b. Every building or structure hereatter erected shall be located
on a lot as defined herein. Every building hereafter erected or
structurally altered shall be on a lot adjacent to a public street.
7. The zoning classification of all property which may nereafter ce
annexed to the City shall to determined by the City Council upon
recommendation of the zoning and planning Board at tre time of
annexation.
B. Any use which in the opinion of the building official is similar
to a permitted use, or a use allowed as a Special Exception. shall
be treated in the same nner as the use to which it Is similar.
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Any application to permit a use which in the opinion of the building
official is not similar to a listed permitted use or a use allowed
as a Special Exception, or due to its nature is an unusual use, shall
be referred to the Board of Adjustment which 1111, according to the
procedures set forth for a Special Exception, determine the pro-
per zone for such use. The Board of Adjustment may prescribe
appropriate additional conditions and safeguards in the public
interest.
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I. NOG- CONFORMING LOTS, NON- CONFORMING USES OF LAND, 11011- CONFORIiI11G
STRUCTURES, AND aou- coia,ORMING USES OF STRUCTURES AND PRE'1ISES.
1. Intent - Within the districts established by this ordinance,
or amendments that may later be adopted, there exist lots,
structures, uses of land and structures and characteristics
of use which were lawful before this ordinance was passed
or amended, but which would be prohibited, regulated, or re-
stricted under the terms of this ordinance or future amend-
. ments.
It Is the intent of this ordinance to permit these non-
conformities to continue until they are removed, but not
to encourage their continuation. Such uses are declared
by this ordinance to be Incompatible with permitted uses
to the districts involved. It is further the intent of
this ordinance that non - conformities shall not he enlarged
upon,expanded or extended, nor be used as grounds for
adding other structures or uses prohibited elsewhere in
the same district.
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2. Extension and Enlarneuent - A non - conforming use of a
structure, a non - conforming use of land, or a non - conforming
use of a structure and land shall not be extended or enlarged
after passage of this ordinance by attachment on a building or
premises of additional signs Intended to be seen from off the
premises, or by the addition of other uses of a nature which
would be prohibited generally in the district Involved.
To avoid undue hardship, nothing in this ordinance shall
be deemed to require a change in the plans, construction,
or designated use of any building on which actual construction
was lawfully begun prior to the effective date of adoption
or amendment of this ordinance and upon which actual building
construction has been diligently carried on. Actual con-
struction Is hereby defined to include the placing of con-
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struction materials in pe manent position and fastened In
a permanent manner. Except that where demolition or removal
of an existing building has been substantially begun prepara-
tory to rebuilding, such demolition or removal shall be deemed
to be actual construction, provided that work shall be dili-
gently carried on until completion of the building involved.
3. bon.tmifornd nn Lots of Pecord - In any district in which
single family dwellings are permitted, notwithstanding
limitations imposed by other provisions of this ordinance,
a single family dwelling and customary accessory build inns
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I'nay be erected on any single lot of record at the effective
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date of adoption or amendment of this ordinance. Such lot
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must be in separate ownership and not of continuous frontage
with other lots in the same ownership. This prevision shall
apply even though such. lot fails to meet the requirements for
area or width, or both, that are generally applicable in the
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district, provided that yard dimensions and other require.
ments not involving area or width, or both, of the lot shall
conform to the regulations for the district in which such lot
I s located. variance of area, width or yard requirements shall
be obtained only through action of the Board of Adjustment.
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If two or more lots or combinations of lots and portions
of lots with continuous frontage In single ownership are
of record at the time of passage or amendment of this ordi.
nance, and if all or part of the lots do not meet the re.
qu Iroments for lot width and area as established by this
ordinance, the lands Involved shall be considered to be an
undivided parcel for the purposes of this ordinance, and
no portion of said parcel shall be used-or sold which does
not meet lot width and area requirements established by
this ordinance, nor shall any division of the psrcel be
made which leaves remaining any lot with width or area
below the requirements in this ordinance.
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4. hon- Conforming Uses of Land - Whom, at the effective data of
adoption or amendment of this ordinance, lawful use of land
exists that Is made no longer permissible under the terns of
this ordinance as enacted or amended, and where such use In-
volves no individual structure with a replacement cost exceed-
ing $1,000, such use nay be continued, so long as it remains
otherwise lawful, subject to the following provisions:
a. Ila such non - conforming use shall be enlarged or
Increased, nor extended to occupy a greater area
of land than was occupied at the effective date of
adoption or amendment of this ordinance; unless
such use Is changed to a use permitted In the di S_
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trio 1n which such use 15 located;
b. Ila such non - conforming use shall be nwved in whole
or in Dart to any other portion of the lot or parcel
occupied by such use at the effective date of adopt -
tion or amendment of this ordinance;
C. If any such non - conforming use of land ceases for
any reason for a period of more than 90 consecutive
days, any subsequent use of such land shall conform
to the regulations specified by this ordinance for
the district In which such land Is located;
d. Ila additional structure which does not confann to
the requir—nts of this ordinance shall be erected
In connection with such non - conforming use of land.
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5. Iron- Cgnfonni ng Structures - Where a lawful structure exists
at the effective date of adoption or amendment of this
® ordinance that could not be built under the terms of Ihls
ordinance by reason of restrictions on area, lot coverage,
helght, yards, or other characteristics of the structure
or its location on the lot, such structure may be continued
® so long as It remains otherwise lawful subject to the follow-
ing provisions{.
® a. No such structure may be enlarged or altered In a
'way which increases its non - conformity, but any
structure or portion thereof may be altered to de-
crease .its non - conformity;
eb. Should such structure be destroyed by any means to
an extent of more than 50 percent of its replacement
® cost at time of destruction, It shall not be recon-
structed except in conformity with the provisions of
® this ordinance;
c. Should such structure be moved for any reason for
any distance whatever, it shall thereafter conform
to the regulations of the district in which it is
located after it is moved.
6. Non- Conforming Uses of Structures or of Structures and
Premises in Combination - If lawful use Involvinq Indi-
vidual structures with a. replacement . cost gf $1,000 or
Pore, or of structure and promises in combination, exists
at the effective date of adoption or amendment of this
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ordinance, that would not be allowed in the district under
the terns of this ordinance, the lawful use may be continued
so long as it remains otherwise lawful, subject to the follow-
ing provisions:
a. No existing structure devoted to a use not permitted
by this ordinance in the district in which it is located
shall be enlarged, extended, constructed, reconstructed,
moved or structurally altered except in changing the
use of the structure to a use permitted in the district
in which It is located;
b. Any non - conforming use may be extended throughout
any parts of a building which were manifestly arranged
or designed for such use at the time of adoption or
amendment of this ordinance, but no such use shall be
extended to occupy any land outside such building;
c. Any structure, or structure and land in combination,
in or on which a non - conforming use is superseded by
a permitted use, shall thereafter conform to the
regulations for the district in which such structure
is located, and the non- conf —ving use may not there-
after be resumed;
d. when a nmo-conformt n9 use of a structure, or structure
and premises to cambt nat ion, is discontinued or abandoned
for six consecutive months or for 18 months during any
three -year period (except when government action impedes
access to the premises), the structure, or structure and
premises In caohination, shall not thereafter be used
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exceot in conformance with the regulations of the district
in which it is located;
e. where non - conforming use status applies to a structure
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and pfmni5es in c 61natien, removal or destruction of
the structure shall eliminate the non - conforming status
of the land. Destruction for the purpose of this sub -
section is defined as damage to an extent of mere than
50 percent of the replacement cost at time of destruction;
shall be followed in terminating
f. The following schedule
non -conforming use of structures or of structures and
premises. except for residential uses:
Assessed Valua tlon Time Allowance
Ocfore e-- oat en
of lmorovmirents
S 1,000 - S 2,499 5 years
S 2,500 - S 4,999 10 years
$ 5,000 - $ 9,999 20 years
S 10,000 - S, 24,999 00 years
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$ 25,000 - $ 49.999 40 years
S 50.000 - Over 50 years
lion - conformities not involving the use of a principal
structure, e.g.. open storage, building supplies,
vehicle, mobile home, implement and machinery Storage,
esigns,
billboards, junk yards. coomercial ant,^.al yards
and the like, shall be discontinued within two (2) years
eof
the effective date of this ordinance or amendment.
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Repairs and Maintenance - On any building devoted in whole or
In part to any non - conforming use, work may be done in any
period of 12 consecutive months an ordinary repairs, ar on
repair or replacement of non - bearing walls, fixtures, wiring
or plumbing, to an extent not exce_ ding 10 percent of the
current replacement value of the building, provided that the
cubic content of the building as it existed at the tine of
passage or amendment of this ordinance shall not be increased.
Nothing in this ordinance shall be deemed to prevent the
strengthening or restoring to a safe condition of any build-
ing or part thereof declared to be unsafe by any official
charged with protecting the public safety, upon order of
such official.
B. Uses Under Exception Pravisipns yet Ilan - Conforming Uses - Any
use for which a special exception is granted as provided in
this ordinance snail be deemed, as to that particular special
exception, to have all the rights and privileges of a conforming
use.
9. Temporary Uses - The casual, intermittent, temporary or illegal
use of land or structures shall not be sufficient to establish
the existence of a non - conforming use. Such use shall not be
validated by the adoption of this ordinance unless it complies
with the terns of this cr�ipagce.
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Y11, Schedale of Olstrlct Regulations Adopted
District and Intent
R -1 Single Family Dwelling District
The provisions of this district are intended to apply to an
area of single family residential development. lot sizes and
other restrictions are intended to promote and protect a high
quality of residential development.
1. Principal Uses and Structures - Single family dwellings.
Accessory Uses and Structures
a. Non-commercial piers, bathhouses, and loading places
intended solely for the use of. the adjoining residences,
providing that the following conditions are met:
(1) No dock or pier shall extend over five (5)
feet beyond the property line unless the
abutting waterway is over 100 feet in width at
such point where the pier or dock is constructed;
(2) No water craft moored to such use shall be used
as living quarters;
(3) All applicable regulations and restrictions of
the Corps of Engineers and other county, state
and local controls shall be adhered to.
b. lion - commercial botanical nurseries and greenhouses;
c. Customary accessory uses of a residential nature, clearly
incidental and subordinate to the principal use,
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including garages, carports, and the like, In keeping with
district.
the residential character of the
3. Sgecial E cepti.ns Permissible by Board of Adjustment
a. Public utility uses and rights -of -way essential to serve
the neighborhood in which it is located;
b. Public and arivate schools with conventional curriculums;
public libraries;
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c. Churches and other places of worship; parish houses;
d. Golf course and clubhouse, tennis and racket club and
similar activities in keeping with the residential char-
acter of the district;
e. Puh11c safety structures and egui p. ent, such as fire
substations, civil defense facilities and the like;
f. Public and semi - public pari.s, playgrounds, playfields,
and recreation facilities;
••9. deleted
h. Hone occupations subject to the provisions of Section X.
4. Prohibited Uses and Structures
,
a. All uses not specifically or provisionally permitted
herein; and any use not in keeping with the single family
residential character of the district, including two
family and multiple family dwellings, townhouses, and
mobile home parks;
--As amended 11/14172
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5. Area and
Oimenston Regulations
Minimum
Minimum Minimum
Maximum Lot
Minimum Maximum
Lot Area
Lot Width Lot Depth
Coverage
Living Area Height
7,500
75 ft. 100 ft.
00%
1,300 25 ft.
sq. ft.
sq. ft.
Minimum
Yard Requirements
d.
Side
Front
InterSior Lot
Corner Lot
.Rear
U ft
8 ft or 10%
25 ft.
25 ft.
of width of.
20 ft .
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lot up to
when
20 ft.,
abutting
whichever
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is greater
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District and Intent
R -2 One, Two and Rultiple Family Dwelling District
The provisions of this district are intended to apply to an
area of medium density residential development with a variety
of housing types. Lot sizes and other restrictions are intended
to promote and protect medium density residential development
maintaining an adequate amount of open space for such develop-
ment. Some non - residential uses compatible with the character
of the district are also permitted.
1. princiiai 1 Uses and structures - Sane as R -1, and in addition:
a. Two family dwellings1
•b. Multiple family dwellings, provided however, that in no
case shall there he more than twenty (20) dweliinq
units per net residential acre.
••2. Accessory Uses and Structures - same as R -1, and in addition:
a. Parking lots and facilities in conjunction with one or
more principal uses.
•As amended 111111
••As amended 11/14/72
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3. Special Exceptions Permissible by Board of Adjustment - Same
as R-1, and in addition:
a. home occupations in single family dwellings;
b. Hospitals, convalescent homes, nursing homes for
human care except institutions primarily for mental
care;
c. Public and private clubs and lodges not involved in the
conduct of commercial activities;
d. Governmental office buildings, institutions and cultural
facilities;
e. Kindergartens, nurseries, and child care facilities;
•K. deleted
••g. Residential Planned unit Develolnient excluding mobile home
Darks as set forth In Section 9111 (I).
4. Prohibited Uses and Structures
a. All uses not specifically or provisionally permitted herein;
any use not in keeping with the residential character
of the district
--As amended 11/14/72
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R -2
5. Area and Dimension Re9ulattans
Minimum Minimum
Maximum
Maximum Lot
Minimum Maximum
Lot Area Lot Width
Lot Depth
Coverage
Living Area Height
R -2
One nd Two Family
100 ft.
35:
1,000 sq 25 ft.
One Family 7,500 sq. ft. 75 ft.
ft. per
dwollin9
unit
Two Family 7,500 sq. ft 75 ft.
100 ft.
35;
750 sq. 25 ft.
ft. per
dwelling
unit
unit
Multi 1p a Famly
10,000 75 ft.
100 ft.
354
Efficiency `•45 ft.
sq. ft.
apts.: 450
oedroam acts:
650 sg• ft
2 hedrm.
apts.: 750
sq. rt
3 hedrm apts:
900 sq. ft. plus
100 sn. i't. for
each additional hedrm
^As --ndud 11/14/72
,
e
-22-
e
z
"loloum Yard Pegul rements
51da in- at ••Side
front teri0 L
r
Corner
Lal_
Rear
one and Twa family ••a.
25 ft.
25 ft. 0 ft. or 10': N�.
On all non - conforming lots o!
25 fb,
■
of width of
record as defined in Section V1,
11
lot up to 15
pa ragranh 3, on side corner
when
ft., whichever
tats there shall be a minimum
abutting
Is greater
setback of ten (10) feet or
an alley
the average depth of existing
setbacks, whichever Is greater.
The average depth of existing setbacks
shall be deterndnod by buildings lo-
cated on lots five -0undred (500) feet
on either side of property an the
same side of the street.
Multi a fd:nl ly
••a. 25 ft.
25 ft. 15 ft. plus
•b. On all non - conforming lots of
20. ft.
3 ft. !or
record as defined in Section VI,
plus 2 ft.
each 10 ft. or
paragraph 3, nn side corner lots
for each
®
increment there-
of over 20 ft.
there shall be a minimum setback
of ten (10) feel or the average
10 ft. or
increment
in height.
depth of existing setbacks, which-
thereof
ever is greater. The average
over 20
depth of existing setbacks shall
ft. in
be determined by buildings located height.
on lots five hundred (500) feet
on either side of property on the
same side of the street.
•As anx:nded 3/7/72
^AZ amended I"l1 7 "2
®
Y
e
-23-
R -3
Uistrict and Intent
R -3 Multiple family Dwelling District
of this district are intended to apply to an area of
--The provisions
development. Lot, height, and other
ncdium density residential
building restrictions are intended to acconmudate a controlled
degree of development, maintaining an adequate amount of open space
for residential uses. higher density figures will be permitted for
forth in the schedule of regulations
hotel /motel development as set
listed below.
1. principal Uses and Strr ql rs - Sa'x as R -1 and in addition:
a. N. family dwellings;
•v. motels, hotels, nrovlded, however,
Multiple family dwellings,
that in no case shall there be more than thirty (30) dwell in')
units for multiple family or forty (40) dwelling units for
hotels and motels per net residential acre.
c. Professional offices, studios and similar uses;
d. Medical and dental clinics and related laboratories;
e. Government offices.
r
-As amended 11/14/72
r
-24-
a -
a2. Accessory Uses and Structures - Same as 1-2, and 1. addition:
a. Limited retail and service establishments when goerated
awithin a single complex of l5 or more units, including
drug and sundry shoos, confectionary and coffee shoos;
newsstand; personal zervices; delicatessens; eating and
drinking establishments; laundry and dry cleaning p{ckun
astations and laundromats and similar uses, provided that
np commercial display Is visible from outside a principal
® building. Such accessory use shall not exceed five (5)
percentof the gross floor area of a principal use.
a
® 3. Special Exceptions Pennlss lble by Daa rd of M1J)us tment - Same as
R -1, and in addition:
a. Public and private clubs not involved in the conduct of
commercial activities;
b. General office buildings;
® c. Governmental office buildings, institutlmu and cultural
facilities:
d. IlosPitals, restorlu',, convalescent ho:aes, nursing homes
for human care except i1stitutin115 prfi Warily for mental
care;
"e. Ueleted
•'f. Deleted
a. -'As amended 11714772
-25-
µ•7
9
Mari 'Ids • including but not limited to water craft used for
d •cllin9 VurVnsns:
ti, 1',{nJergarcens, nurseries and child dYe "ina'sili tins;
i, ilara accuPa dons in single tsdly
.j,
Radio anJ television studios, and antenna
broadcasting towers
••i Residential Planned Unit Develop-It. excluding mobile home
parts as set forth in Sect inn v:ll (1).
4, prahib(j d llsns andand St tu..
or provisionally
P,,Jtted herein.
a. All uses not specifically
5. Are�and Uimc__ston Regul�ttons
Lot
!tininum p,gximum
Living or oeeii lt_
plaxiinuni
14i nimum I IA-N{dth ILOti Ue th Covcra e
� °_�—
Fimr�rea
Lot_?rca
Family Residential _ Same as
•••5ingle and Iwe
•••Multi -F madly Residential and Offices
.•ROK
12.000 100 ft. 100 ft. ••al1'f
..SS n�ln Famil
sq. ft.
m0 $.(.
Famil y U: U
O
lam
050 S.F. D/U
Rultiplc_, Fan-
ny:
Eft. 450 G F-
U, ki . 1 5.n.
1U50 5. F. D!U
plus 200 S.f
for each addi-
tional D . R.
•AS ir—ded 717112
+•Az amended 11114!72
.••AS amended 112117
m
I I
R -3
e
e
r
O
Chu rcnes� Hospitals
15 ft. plus 3 25 ft. plus 3
25 ft.
acre 150 ft. '100 ft..
'•35%
.-NONE
• •Hotels /Motels
Min. Unit Area
abutting an
12.000 100 ft. 100 ft.
40% Ler
••None
ft. of
rental uni
3 ft. for
Minimum Yard Pequlr�aents
every 5
Side Interior
Side Corner
ft of
front Lot
Lot
Rear
R -3
he i gnt over
Residential and Offices
40 ft.
25 ft IS ft. plus
25 ft. plus
20 ft. plus
plus 3 ft far each
2 ft. far
2 ft. for
2 ft. 10 ft or
eacn 10 ft.
each 10 ft.
for increnent
or increment
or increment
each thereof over
there.( over
thereof
10 ft or 20 ft in
40 ft. 1n
over 20 ft.
incre.nt height
height
in height
Increof
40 ft. in
he l 9 h t
Churches. Hospitals
25 ft.
15 ft. plus 3 25 ft. plus 3
25 ft.
plus 3
tt. 'for every ft.
20 ft. when
ft. for
5 ft. of huild -
abutting an
very 5
ing height over
alley: plus
ft. of
40 ft.
3 ft. for
GuiIJiny
every 5
height
ft of
over 40
.build inn
ft.
he i gnt over
40 ft.
•As mended 3/7/72
-AS -ded 11/14/72
'.FCC
•hotels .. I_'otels
Pesi Jenti al and Offices
Same as
ire -_ t shall he
..5, 111`dmum Oreexe Req __ "^"
the
At least 25, of the I,ordIl5outh dln'direction Tl lso shall include
in an Last /West
open to the breeze
required setbacks.
of a" put ld� 1 ^�hort�5outh plrecti"q
Naximu ' ton tb
185 feet
1
a•p, Landsca ��. inimum average width Of five
having a "'
Provide a landscape buffer b tting
to streets or a u
(5) feet along all pro pertY lines adjacent
one point n ot being less than
lots with the buffer width at any
width" shall be
1
and one half (1 -1/2) feet. The "average
located
one
by dividing the total landscaped areas
t ing lot' h y the
cpnputed
tj lines adjacent to streets or abul
the proper
of all of these Property lints.
total length
pace
.•q, 111x_ h u�e1?jace Area Rc ug Ir�nent
be included as hart n ^n
■
15'a of total lot area• lint to tluded bluff -line setback,
building sc
area
area are the following: and drives.
park inn area, roads
occupied by all building structures,
pools "lay be included
areas may be includo3- 5winmtng
Recreational
space.
ill the calculation of minimum open
••As anended 11/14/72
-2U-
® N -1
Uls tri ct aua Intent
Ili -i 51"" ' family Nobilp Ihre District
The provisions of this district are intended to apply, to an area
® of single family -bile h— dev'Ippment.
1. Principal Uses and Structures
a. Single family mobile homes
® 2. Accesses Uses and Structures
a. Cabanas, provided that they are a manufactured metal
'product and are attached to the mobile Ilom';
b. Customary accessoryuses of a residential nature,
® clearly Incidental and subordinate to the Principal
use. Accessory uses shall have no sanitary plumbing
or kitchen facilities.
3. Special face tp ions
® a. Bone
1, Prphibited Uses and Structures
a. All uses not specifically or provisinnally pemltted
herein.
5. Area and Dimension Repl_attons
Ilininmm ❑inimum Minimum tiaalmma Lot liininum Ffaaimum
Lot Area Lot Width Lot Depth Lpveragc floor Area Ilcinht
2,500 50 ft. None 4M 350 sq. ft. 15 ft.
sq. ft.
Ilipfi— Yard Pe:ptirtvvents
Feint Side II_a_r
15 fl. 5 ft. 5 ft.
C-1
District and Intent
C -1 Low Density Co,n ,llal District
the provisions of this district are intended to apply to an area
adjacent to major arterial streets and convenient to major rosi-
,
dentlal areas. The types of uses .+emitted are intended to serve.
the consur:er needs Of nearby residential neighborhoods as well as
.the connercial needs of the motorist. Lot sizes and Other restric-
tions are intended to reduce conflict with adjacent residential
uses and to mioirlf:e the interruption of traffic along thorough-
fares.
I. Principal_ Dses_and Structures
The following uses and structures are permitted for any use or
group of uses that are developed, either separately, or as a
unit with certain site improvements shared in common, on a
site of three (3) acres or less:
a. Deleted
b. Retail stores, sales and display rooms;
C' Personal service establishments such as beauty and Writer
shops, laundry and dry cleaning pickup stations, tat inr
shops, and similar uses;
d. Professional offices, studios, clinics, laboratories,
general offices, business schools and similar uses;
,
...... Hotels, r:nt,ls, provided, however, that tiler, shall be nn more
than 40 dwelling units per net residential acre..
f. Lating and deleting establishments;
••Rs a:•,,nded 11/14/72
•'••hs an :.elided 1116173 -30-
C1
g. Public and seen {- oublic barks, playnrounds, clubs and
®
loJges. cultural facI II ties, hOSbl to ls, clinics, restoriums,
mortuaries, funeral homes, government offices, schools,
churches and Simi l zr uses;
h. Uanks and financial Institutions;
{_' Public and private parking lots and garages;
J. Co, nwrcial recreation such as driving ranges, bowling
ealleys,
and similar uses;
k. Plant nurseries and greenhouses, providing that all outside
display of merchandise shall be contained in the required
setbacks;
®
1. Repair service establishments such as. household appliances,
radio and TV and sbnllar uses, but not Including automobile
repairs.
• m. Mu ltlple family dwellings and two family dwellings, provided,
however, that in no case shall there be more than 30. dwelling
units per net residential acre.
2. A IM Ory gse5 and Structures
Custanary accessory uses of one or nnre of the principal uses
clearly incidental and subordinate to the principal use, in
keeping with the low density commercial character of the
district are Permitted.
®
3. Specf�l Exceptions Permissible by 0oard of AJ ustment
a. Public utility uses arid rights -nf -way
b. 'veterinary hospitals and clinics providinu that the
follrndng conditions are met:
....A� air :nJeJ 1/115173
-31-
(I)
All areas used far boarding or terporary housing of
animals shall he completely enclosed unless appro-
priate safeguards are constructed to control objection-
able odors and /or noises, as determined by the Board
of Adjus[ment.
•(2)
Any area used for boarding or temporary housing of
animals shall be buffered from all adjacent properties
by a visual screen, meeting the specifications of
Section x11 and any other conditions reouired by
the Board of Adjustment.
c. Radio
and television studios, broadcasting towers and
antennas;
d. Service
stations, subject to the following provisions:
(1)
Minimum lot area: 15,000 square feet
(2)
Minimum lot width: 100 feet
(3)
Minimum lot depth: 100 feet
(4)
Maximum lot coverage: 25.
(5)
Minimum floor area: 1,000 square feet
(6)
Maximum Height: 25 feet
(7)
Minimum building setbacks:
from any street: 40 feet
interior side: 25 feet
rear: 15 feet
(B)
Other minimum setbacks from any property line:
Pump islands: 25 feet
Canopy: 20 feet
-As amended 3/1/72
-32-
e"
r
r
Signs, portable or
M. : 15 feet
Storage tanks: 15 feet
And in addition, underground storage
Is required for all receptacles for
combustible materials In excess of 55 gallons.
(9) Curb Cuts: The number of curb cuts or driveways shall
not exceed two (2) for each street frontage. Such
curb cuts shall be a maximum of thirty (30) feet wide
and shall be located no closer to any Intersection
than twenty -five (25) feet and no closer to any
rear or side lot line than fifteen (15) feet.
Curb cuts and driveways shall be constructed according
to City specifications.
(10) Ila service station shall be erected or located within
one hundred and fifty (150) feet of the property
line of any church, hospital, school, or park.
-(I1) A vlsual.screen, meeting the specifications of Section
%II shall be provided along any property line abuttinn
a residential district..
(12) There shall be no repair work outside the principal
structure other than minor service.
e. Planned Commercial Development on a parcel three (3) acres
or more, subject to the provisions set forth in the Schedule
of Special Exceptions permissible by the Board of Adjustment
for Planned 'development.
-As amended 3/7/72
-33-
C-1
0
I. places in which goods are produced and sold at retail upon
the premises.
of
g, Vocational and trade schools not involving operations
an industrial nature.
h. `tobile .home parks, subject to the provisions of Section VIII
(z)•
••l. Pesidential Planned Unit Development as set forth In Section
,
Vill (1).
4. Prohibited Usez and Structures
a. Residential uses. except as specifically permitted;
b. Outdoor sales and /or display areas except as provided
herein;
c. Manufacturing activities, transportation terminals, stor-
age warehousing and other activities of a similar nature;
d. All uses not specifically or provisionally permitted herein;
e. Any use which fails to meet "Performance Standards'.' sPeci-
fications as provided in Section %1.
F. Theatres, book stores, drive -in theatres, photographic
,
studios.
Area and Dimensipn Pemulations
••a. Multiple Fam1ly Ddellf n9s, Ilolcis Motels
Same as R -3 except that Hotels and liotels will have a minimum
unit area of 260 square feet.
--Al Veodud 11/14/72
-34-
®
••o. All Other Principal Uses and Structures
141 nimum Minimum Ilinfin m Max. Lot
Minimum Maximum
Lot Area Lot Midlh Lot Depth Coverage
Floor Area ''eight
5,000 50 ft. 100 ft. 50%
300 sq. ft. 40 ft.
sq. f[.
and
in adUth
tlan• the
area to lot
area shall
e
not exceed
1.5: 1.0
6. liinimum-Yard Requirements
®
••a, tWltiple Famliv Dwell'ng Units
Same as R.1
••u: fla tell. Molpls
••c. All Other Prinoipal Uses A Structures
Side In- Side Corner
Front tenor Lot Lot
Rear
25 ft. I ft.; 25 ft. 25 ft.
10 ft.
when ahutting
a res' dent' al
:,,,,,district
+• +7.
landscaping and Screening
a. Defined in Section %II (Supplementary District
Regulations)
of this ordinance.
+•AS aoended 11/14/72
•--As a-ended 12/5/72
-35-
District and Intent
C -2 Goneral Corncrcial District
The provisions of this district are Intended to apply to an
e
area intended to be developed and preserved as a major commercial
center serving the commercial needs of the co-unity and the region.
The types of uses and other restrictions are Intended to prmote and
protect intense commercial development as well as provide adeguate
protection from conflicts with adjacent residential and other non -
comnereial uses, and to minimize the interruption of traffic along
adjacent thoroughfares.
1. Principal Uses and,Structures
The following uses and structures are permitted provided any
uses or group of uses that are developed, either separately,
or if developed on a site of three (3) acres or less:
a. Same as In C -1, except item 1 (a) page 33, and in addition,
h. Wholesaling from sample stock only with no production per-
mitted on the premises;
c. Any other retail sales outlet of products sold directly
to the consumer;
d. Dry cleaning establishments using non•inf iamnable solvents
and cleaning fluids as determined by the fire chlof;
1
e. Business service establishments;.
f. Retail stores using outside display areas providing the
following provisions are met
(1) The area of outside display shall not exceed in size
one -third the enclosed area of the principal Structure.
-36-
® C -2
O
r
O
r
r
(2) The outside display shall be treated with a hard
material suitable for pedestrian traffic.
(3) The outside display area shall be considered the same
as the floor area for the purpose of calculating
off- street parking requirements, setback and lot
coverage regulations.
g. hew and used automobiles, major recreational equipment and
mobile home sales or rentals with accessory services;
subject to the following restrictions:
(1) All outside areas where merchandise is disnlayed shall
be paved.
(2) All ingress and egress points to abutting streets
shall be marked clearly and placed not closer than
150 feet apart on the same street.
(3) All servicing and repair, activities except gasoline
pumps shall be located in an enclosed structure.
(4) There shall be no storage of junked or wrecked auto
mob .
than temporary storage shall be in an
enclosed area and the vehicles shall not be visible
from outside the property.
(5) Ingress and egress points shall not be placed so as
to endanger pedestrian traffic.
2. Accessory Uses and Structures
Customary accessory uses of one or more of the principal uses,
clearly incidental and subordinate to the principal use, in
keeping with the intense commercial character of the district
are permitted.
0.. Special_ Cxce ti ons_Pennissible b 0oard of Rd ustment
a. Same as in C -1, and in addition;
b. Marinas;
c. Uses exceeding forty (40) dwelling units nor net residential
acre.
4. Prohibited uses and Structures
a. Residential uses, except as specifically permitted;
b. 1lanufacturing activities, transportation terminals.
storage, warehousing and other activities of a similar
nature;
c. 1,11 uses not specifically or provisionally permitted
heroin; any use not in keeping with the intense commercial
character of the district;
d. Ray use which fails to meet "Perfonmance Standards"
specification;
e. Automotive repair eslatlishments which provide body work,
upholstery or painting services.
f. Theatres, bunk stores, photogranhic studios and drive-
in theatres.
v
e
C -2
O
r
5. Area and Dimension Regulations
HIM— Mtnt.m
Minimum
Lot Area Lot Width
Lot Depth
51000 50 ft.
100 ft.
sq. (t.
25 ft. The entire 10 ft.
and in
ft. when
addition the ratio
front set-
of gross floor area
b e be. Increased by
to lot area shall
residential
not exceed 2.0:1.0
be increased
Mininum Yard Requirements
Maximum minimum llaximum
Lot Coverage Floor Area Height
75: except 300 sq. ft. Hone
for required'
yards
ing hclght
or increment
thereof over
6U ft.
6. Landscaping and Screening
a. Defined in Section %11 (Supplementary District Regulations)
of this ordinance.
... As amended 12 /5/72
Side In-
Side Corner
Front
terlor Let
Lot Rear
•
25 ft. ••Hone; 25
25 ft. The entire 10 ft.
The enure
ft. when
side setback shall
front set-
abutting
b e be. Increased by
back shall
residential
three fact for each
be increased
zoned dis-
feet for each 10 ft.
by three feet
:ri ct
of building height
far each 10
or increment thereof
ft. of build-
over 60 ft.
ing hclght
or increment
thereof over
6U ft.
6. Landscaping and Screening
a. Defined in Section %11 (Supplementary District Regulations)
of this ordinance.
... As amended 12 /5/72
T -1 Tourist District
The provisions of this district are intended to apply to an area which
will be a major tourist attraction and destination. The types of uses
permitted and other restrictions are intended to promote this type of
developient and protect it from incompatible uses that would be detri-
mental to the orderly growth of the area.
1. Principal Uses and Structures
a. Hotels. motels, and multiple family dwellings containing
a minimum of thirty (00) dwelling units, provided, how-
ever, that in no case shall there be more than fifty -five
(55) dwelling units per net acre;
b. Eating and drinking establishments provided, however, that
in no case shall there be a seating canacity of less than
200;
c. Office buildings, studios, clinics cnntaininq at least
20,000 square feet of area;
d. Commercial amusement enterprises such as bowling lanes,
aquariums, and skating rinks; provided, howev_-, that
the use Is enclosed within a soundproof buildinq;
e. Private clubs, health or athletic clubs or salons.
f. Financial institutions;
g. Parks and playgrounds;
h. Parking lots and garages, Including commercial facilities.
-40-
T-1
2. Accessory Uses and Structures
® a. Customary accessory uses of one or more of the Principal
uses clearly incidental and subordinate to the principal
use, in keeping with the tourist . character of the district
are permitted;
® b. Limited retail and service establishments when operated
wl thin a hotel, motel, multiple family dwelling, or office
® building permitted hereunder, provided that such accessory
uses are accessible only from an interior hallway or lobby
and that no commercial display is visible from outside the
principal building. Such accessory uses may include, but
® are not necessarily limited to: antique shops. art galleries,
automobile rental, confectionary, ice cream or coffee shops.
® eating and drinking establishments, florist, furrier, gift shop,
Jewelry, Jewelry store, laundromat, laundry and dry cleaning
® pick up station, luggage store, millinery, personal services,
newsstand, shoe store, sporting goods, wearing apparel store,
® wig shop. Eating and drinking establishments as accessory
uses are not required to meet. the 200 seat minimum canacity.
® ]. Special Exceptions Permissible by Board of Adjustment
® a. Educational institutions;
b. hospitals, convalescent homes, nursinq homes;
® c. outdoor commercial recreation and amusement enterprises;
d. Fishing piers, fishing tackle, bait and equipment stores;
-41.
T -1
e. Tourist oriented sales and services such as but not
necessarily limited to: antique shops, art gallery,
autovobile rental, confectionary, ice cream or coffee
shops, drug and sundry shops, delicatessen and food
shops, florist, furrier, gift shop, Jewelry store,
laundronat. laundry and dry cleaning pickup stations,
luggage store, millinery, newsstand, personal services.
shoe store, sporting goods store, wearing apparel
store, wig shop.
f. public utility uses and rights -of -way.
O
.. prohibited Uses and Structures
a. Residential uses except as specifically permitted herein;
b. All uses not specifically or provisionally permitted
herein; any use not in keeping with the tourist character
of the district.
c. Theatres, photographic studios, drive -in theatres
5. Prea and Dimension Regulations
Floor Prea Ra[io IlaAimum Lot Coverage
The maximu, floor area ratio Not exceeding 50 feet in elevation
-5N
,
(F.P.R.) shall be 2.75: 1, 60 "
-45%
however, in no case shall 70
-39*
there be a lot coverage BO
-345
oxcecding 50. 90
-30'
100 .. �� �.
-27%,
-42-
Flo
t-1
'll nimum Lot Area Minimum Lot width Minimum Lot Depth
6.000 sq. ft.
50 ft. 120 ft.
Mlnimtm Minimum
F Area Living Area Front
600 sq. ft. Same as R -2 eachtiOplus afibutldin9
height or increment
thereof over 40 feet
r
r
e
s
Idaa team Ile Uht
(lone
6. �and Screening
a. Defined in Section %II (Supplementary District Regulations)
of this ordinance.
-43-
0
illnimum Yard Requiremonts
Side Intcrfor Lot
Side Corner Lot
Rear
15 f[. plus 2 ft.
25 ft. plus 2 ft.
l0 ft. of
20 ft. plus 2
ft . forte ach 10
for each 10 ft. of
ouild ln9 height or
far each
bulldin9 height or
Increment thereof
ft. of uildinn
height ar incre-
increment thereof
40 feet
ment thereof over
ovor 40 feet
aver
40 fee[
r
r
e
s
Idaa team Ile Uht
(lone
6. �and Screening
a. Defined in Section %II (Supplementary District Regulations)
of this ordinance.
-43-
0
Utstrict__a _rv1 Intent
Development District
M -1 Light Industrial and Research and
to app19 to area
The provisions of this district are intended
facilities and hich
in close proxirdty to transportation
distribution.
located
light manufacturing, research and develolxrent,
intend
can serve
industrial function s. Restrictions
All o uses
and
industrial activities
of the
enclosed,
minimizer
pemitted in this zone shall be contained in a comnletelY
air conditioned structure.
1, principal Uses and Strictures
tie
The following uses and structures are per+^i
trier sepa
any use or group of uses that are developed,
use imprnve-
. or if Javelopad as a unit nilh certain site
ay
If five (5)
in cannon, are deveioped on a Site
,arts shared
acres or less: laboratnries, data
a. General Office' • studios' clinics'
processing and similar uses;
and research in-
b. Engineering. laboratory, scientific
strumentation and associated uses;
e. Manufacture of: and iaii-
neasuri rig
(1) Instru��,ents for controlling,
eating physical characteristics -.
(2) optical instruments and lenses; and sunplles;
(d) Surgical, medical and dental instra ^eats
,
(4) Ophthalmic goods:
-44-
0 2. Accessary Uses and Structures
a. Retail sales of products manufactured, processed or
stored upon the pre.isas.
U. Customary accessory uses of one or more of the principal
uses, clearly incidental and subordinate to the princinal
use in keeping with the light industrial and research
® and development character of the district.
3. Special Exceptions Permissible by Board of Rd ustment
®
(5) Hatches, clocks, clockwork operated devices and
parts;
(6) Photographic equipment and supplies;
®
(7) Jewelry, silverware, plated ware;
(B) Musical instruments and parts;
(9) Toys, amusements, sporting and athletic goods;
®
(10) Radio, TV, phonograph and electronics instruments
and parts
(11) Pens, pencils and other office and artist materials;
®
(12) Costume Jlry, castume novelties, buttons and
miscellaeweneous notions;
®
(13) Other similar uses
0 2. Accessary Uses and Structures
a. Retail sales of products manufactured, processed or
stored upon the pre.isas.
U. Customary accessory uses of one or more of the principal
uses, clearly incidental and subordinate to the princinal
use in keeping with the light industrial and research
® and development character of the district.
3. Special Exceptions Permissible by Board of Rd ustment
a. Planned Industrial Development on minimum size
parcel of five (5) acres, subject to the provisions
set forth In the schedule of Special Exceptions
permissible by the Board of Adjustment for Planned
Development.
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It. Public utility uses and rights -of -way.
c. After public notice and hearing, the Board of Adjust-
ment 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 iu
this zone.
d. Radio and television studios, broadcasting towers and
antennas.
4. Prohibited Uses and Structures
a. Residential uses;
b. Ootels, hotels, boarding and lodging houses;
c. Automobile wrecking yards, junk yards, scrap and sal-
vage yards for secondhand building materials;
d. Churches, private clubs aria lodges;
e. Retail and other cormercial establishments except as
specifically permitted;
f. Open outside storage of materials;
g. All uses not specifically or provisionally permitted
herein; and uses not in keeping with the light industrial
and research and development character of the district.
h. Any use deemed objectionable by the standards "tab -
lished in Section XI (Performance Standards) of this
ordinance.
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5., Area and Otmonsion Requirements
Minimum Minimum Minimum Iiaximm Lot
Minimum Maximum
floor Area Height
Lot Area Lot Width Lot Depth Coverage
®
10,000 75 ft. 100 ft. 50%
300 sq. ft. 40 ft.
Iq. ft.
Minimum Yard :equi rements
front Side Interior Lot Side Corner Lot
Rear
®
25 ft. 15 ft. except where 25 ft.
industrialeproperty
industrial property
a residential
abuts a residential
abuts
dlstrlct in which
dlstrlct in which case
the minimum rear yard
case the minimum
side interior lot
.requirement will 6e
setback shall he
25 ft.
®
25 ft.
6. Land sca in and Screeninn
®
a. Defined in Section %II (Suppler..entary District
Regulations) of this ordinance.
7. Performance Standards
®
a. Defined in Section %I Performance Standards)
of this
ordinance.
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M -2 Light Industrial and Warehousing District
The provisions of this district are intended to apply to an
area located to close proximity to transportation facilities
and which can serve light manufacturing, warehousing, distri-
bution, wholesaling, and other industrial functions. Restrlc-
Lions herein are intended to minimize adverse influences of
the industrial activities. All uses permitted in this zone
shall be contained in a completely enclosed, air - conditioned
structure.
Principal Uses and Structures
The following uses and structures are permitted provided
any use or group of uses that are developed, either sep-
arately, or if developed as a unit with certain site 1mPrnve-
ments shared in common, are developed on a site of five (5)
acres or less:
a. All uses permitted in 11-1; and In addition;
b. 'Warehousing and wholesaling Including refrigerated
storage; outside storage areas shall be walled on
all sides;
c. Service and repair establish tints, welding shops, dry
cleaning and laundry plants, printing plants, taxi-
dermists and similar uses;
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d. Light manufacturing, processing and assembly, such as
precision manufacturing, electrical machinery, bottling
plants, dairy products plants, bakeries, fruit packing
and similar uses.
e. Building materials supply and storage; contractor's
storage yard except scrap materials. Outside storage
areas shall be effectively walled on all sides;
f. Automotive, major recreational equipment and mobile home
sales, storage and repair establishments, such as body
shops, dry docking facilities, tire recapping, paint
shops, upholstery shops and the like;
® g. Freight handling facilities; transportation terminals;
h. Vocational and trade schools, including those of an
industrial nature;
I. Public and sen.i-nublic uses. Including those of an
® industrial nature such as treatment plants, equipment
storageand garage;
® 2. Accessory Uzes and Structures
® a. Retail sales of products manufactured, processed or
stored upon the premises;
® b.' I,ot more than one dwelling unit for occupancy by owners
or employees of the principal use;
® c. Customary accessory uses of one or more of the princi-
pal use, to keeping with the light industrial character
of the district are permitted.
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M -2
3. SQecial Exceptions Permissible by board of Adjuslmpnt
a. Same as M -1, and in addition
b. Service Stations, subject to the provisions designated
in C -1;
C. Veterinary hospitals and clinics, subject to the provisions
designated in C -1;
4. Prohibited Uses and Structures
a. Residential
e
uses, except as provided under accessory
uses;
It. Hotels, hotels, boarding and lodging houses;
c. Automobile wrecking yards, junk yards, scrap and
salvage yards for second hand building materials;
d. Churches, private clubs and lodges, public schools;
e. Retail and other comnercial establishments except
as specifically or provisionally permitted herein;
f. Above ground storage of liquified petroleum products;
9. All uses not specifically or provisionally permitted
herein; any use not in keeping with the light Industrial
character of the district;
h. Any use deemed objectionable by the standards established
in Section %i (Performance Standards) of this
ordinance.
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5. Area and Dimension Regulations
Minimum Hi grow. 14inimum Max. Lot
Lot Area Lot Width Lot Depth Coverage
20,000 100 ft. 150 ft. 755
sq. ft.
and In
addition
the ratio
of gross
floor area.
to lot
area shall
not exceed
2.0:1.0
Ilinimm Yard Requirements
Side '"- Side Corner
front tenor Lot Lot
35 ft. 0 ft., except 35 ft.
where a dis-
trict (other
than residen-
t tial) requiring
such setback,
such use will
provide the
same setback
as required
for the abut-
ting district;
where an lndus-
trial use bor-
ders a rest-
dential district
the setback shall.
be 35 ft.
Minimum Maximum
Floor Area Height
900 sq. ft. 40 ft.
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15 ft; 10 ft.
when abu ttinq
an alley; 35
ft. when abut-
ting a resi-
dential dis-
trict.
6. Landscaping and Screening
a. Uefined in Section %II (Supplementary Requlations) of
this ordinance.
7. Performance Standards
a. Defined in Section X1 (Performance Standards) of this
ordinance.
C
District and Intent
N -3 General Industrial District
The provisions of this district are intended to apply to an area
located in close proximity to transportation facilities and which
can serve general manufacturing, storage, distribution and other
general Industrial functions. Restrictions herein are intended
to minimize adverse influences of the industrial activities. A11
uses permitted in this zone shall be contained in a completely ,
end used, air- conditioned structure.
Principal Uses and Structures
The following uses and structures are pemitted provided
any use or group of uses 11,11 are developed either sep-
arately, or if as a unit with certain site improvements
share) in common, are developed on a site of five (5)
acres or less;
a. All uses permitted to H -2; and in addition:
b. Storage of liquified petroleum products providing
,
that all such uses comply with the standards set
out in the National Fire Prevention Associations
pamphlet, r58.
C. Grneral manufacturing, assembly and processing, such
as heavy equipment plants, aircraft manufacture, food
processing and canneries, Iran foundries and steel
fabrication, block and concrete plants, furniture
factories, toy factories and similar uses.
-52-
M -3
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2. Accessory Uses and Structures
a. Same as in M -2.
3. Syecial Exceptions Pennisslble 6y Ooard of Adjustment
a. Same as in M -2
4. Prohibited Uses and Structures
a. Same as in M -2. except that above ground storage of
liquified Petroleum products Is a pemltted principal
use in the M -3 district
5. Area and Dimension Regulations
Mint— Minimum
Minimum
Lot Area Lot Width
Lot Depth
30,000 100 ft.
200 ft.
sq. ft.
and in
addition,
the ratio
of gross,
floor area
to lot
area shall
not exceed
2.0: 1.0
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Maximum Lot Minimum Maximum
Coverage floor Area Height
75% 1500 sq. ft. 40 ft.
lilnimum Yard Requ i regents
Side In- Side
trout terior Lot Lerner Lot
50 ft. 0 ft., .—pt here 50 ft.
a district (other than
residential) requi ing
r
such setback, such use
will provide the same
setback as required
for the abuttln9 dis-
trict; where an indus-
trial use borders a
residential district
the setback shall be
50 ft.
6. Lardscaplrjn and ScreenlM
a. Defined in Section %II (Supplementary District
Requlalions) of this ordinance.
7. Perf —gmce Standards
a.. Defined in Section XI (Performance Standards) of
this ordinance.
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Rear
15 ft.;
10 ft.
when
abut tin
9
an alley;
50 ft. when
abuttinq
a res identla�
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VIII. SCHEDULE OF SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT
FOR PLANNED DEVELOP14EIlT
1. Residential Planned Unit Development (except for mobile hones)
RPUO: Intent
--Within districts as set forth in the Schedule of District Regula-
tions, it is intended that the Board of Adjustment, may permit .
upon recommendation of the Zoning and Planning Board, as a special
exception, planned residential development after the application
and approval of detailed site, use', and building plans. The sulta-
bility of such development plans shall be determined by reference
to the comprehensive plan for the City of Cape Canaveral and the
character of the surrounding development.
The regulations for such planned residential development are intended
to accomplish the purposes of zoning and other applicable regulations
in the same manner in which this Zoning Code directs the uniform treat-
ment of dwelling type, design and layout of dwellings; and to encourage
more efficient use of land and public services.
•••• RPUU: Defined
For the purposes of this Zoning Ordinance, an RPUD is defined as any
residential use, except mobile home development, and Includes the
grouping of residential uses for which aminimum of four (4) acres is
intended to be developed simr ltaneously.
®• °As amended 11114172
..::As amended 1/16/77
11 55
RPUD: Common Open Space
I. All common open space shall be preserved for its intended pur-
pose as expressed in the final development plan. The developer
shall choose one or a combination of the following three methods
of administering common open space:
a. Public dedication to the City of the common open space which
is subject to formal acceptance by the City.
b. tstabllshment of an association or non - profit corporation of
all individuals or corporations owning property within the
development to insure the maintenance of all common open space.
C. Retention of ownership with the control and maintenance of all
common open space by the developer.
2. All privately owned common open space shall continue to conform
to its intended use and remain as expressed in the final develop-
ment plan through the inclusion in all deeds of appropriate re-
strictions to insure that the common open space is permanently
Preserved according to the final development plan. Said deed
restrictions shall run with the land and be for the benefit of
present as well as future property owners and shall contain a
prohibition against partition.
3. All common open space as well as public and recreatl onal facili-
ties. shall be specifically included In the Development Schedule
and be constructed and fully Improved by the developer at an equi-
valent or greater rate than the construction of residential struc-
tures.
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4. If the developer elects to administer common open space through
an association or non - profit corporation, said organization shall
conform to the .following requirements:
a. The developer must establish the association or non - profit
corporation prior to the sale of any lots.
b. Membership In the association or non - profit corporation shall
be mandatory for all residential property owners within the
Planned Unit Development and said association or corporation
shall not discriminate in its members or shareholders.
c. The association or non - profit corporation shall manage all
common open space and recreational and cultural facilities
that are not dedicated to the public, shall provide for the
maintenance, administration and operation of said land and
any other land wlthln the Planned Unit Development not pub -
ltcly or privately owned, and shall secure adequate liability
Insurance on the land.
If the developer elects an association or non - profit corporation
as a method of administering common open space, the title to all
residential property owners shall include an undivided fee simple
estate in all common open space.
DPUD: Utilities and Services
Structures within the Planned Unit Development shall be connected
to City water and sewer lines and all utility lines shall be placed
underground. The road network of the Planned Unit Development
shall be of a suitable design and construction, whether public
,
or private to allow for adequate access of fire - fighting equip-
ment or access to necessary service areas such as for garbage
Collection and waste disposal.
The City shall have the right to require prior to the approval
of the Final Development Plan, such easements from the developer
as are necessary for access by the City to privately owned areas
of the Planned Unit Uevelopment to permit the City to perform nec-
essary police, health, safety and fire service.
RPUD Procedure for Securtna Approval of a Planned Unit Develop -
rent
1. Pre - Application Conference: Before submission of a preliminary
application for approval as a Planned Unit Development special
exception, the developer shall meet with the City Planner,
City Engineer, Building Dfticial. and such other personnel as
would be necessary to determine the feasibility and suitability
of his application.
2. Preliminary Application: A preliminary application shall be
submitted to the Zoning and Planning Board by the developer
requesting approval of the site as a Planned Unit Development
special exception. Said preliminary application shall contain
the race of the developer, surveyor and engineer who prepared
the development plan and topographic data map, and the name
of the proposed Planned Unit Development.
® 3. Exhibits: The development plan shall be drawn to a scale no
smaller than V • 100'. The required exhibits for the prelim-
. Inary apDl ication fora Planned Unit Development shall he [nose
essentially required for the preliminary plat In the Cape Can
avera 1. Subdivlslon Regulations and other such data that may
Pbe required by the Zoning and Planning Board
4. Submittal
a, The preliminary application shall be submitted to the City
Clerk at least ten (10) days prior to any scheduled meet-
1ng of the Zoning and Planning Board !•A copy of the De-
® velopment Plan shall be sent to each member of the Zoning
and Planning Board by the Building Department not less
® than five (5) days before said scheduled meeting.
b. A fee of $15.00 shall accompany the preliminary plan for
® the
c. purpose of administration.
The prel fminary application shall be reviewed at the first
® regularly scheduled meeting of the Zoning and Planning
Board following submission of said application.
•xd. The preliminary application shall Include ten (10) black
or bIuellne prints of the Development Plan of the proposed
® Planned Unit Development and a minimum of two (2) copies of
.the required exhibits.
--As amended 11114/72
-59-
•• 5. Application Review: Written comments from the Planning, En-
gineering, and Buildlrg Departments regarding the application
shall be forwarded to the Zoning and Planning Board.
Upon completion of its review the Zoning and Planning Board
shall recommend to the Board of Adjustment, the apuroval, ap•
proval subject to conditions, or disapproval of the preliminary
application.
This action of the Zoning and Planning Board shall be reflected
on two (2) copies of the application with appropriate referen-
ces and attachments and one (1) of said copies shall be re-
turred to the developer.
6. Required Findings: The decision of the Zoning and Planning
Board on the preliminary application shall include the find-
ings of fact that serve es a basis for its recommendation.
In making its recommendation, the Zoning and Planning Board
shall consider, in addition to the standards specified under
Section 10 of this Ordinance, the following facts:
a. Degree of departure of proposed Planned Unit Vevelopment
from surrounding residential areas.
b. Compatibility within the Planned Unit Development and
relationship with surrounding neighborhoods.
c. Prevention of erosion and degrading of surrounding area.
d. Provision for future public education and recreation fa-
cilities, transportation, water supply, sewage disposal,
surface drainage, flood control and soil conservatl on as
shown in the Preliminary Development Plan.
--AS amended 11/14/72
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e. The nature, intent and compatibility of common open space,
Ind uding provisions to the Preliminary Development Plan
® for the maintenance and conservation of said common open
space.
® f, The feasibility and compatibility of the specified stages
contained 1n the Preliminary Development Plan.
® 8. Recordation of Preliminary Application: After formal action
by the* •Board of Adjustment, a copy of the preliminary appli-
cation and the required exhibits shall be certified by the
City Clerk and retained as a permanent record.
RPDB: Final Application
® The developer shall have one year from the approval of the preliminary
applicatlon for a Resldenttal Planned Unit Development special eacep-
don in which to file final application. At the request of the de-
veloper, and for good cause shown, the Zoning and Planning Board may
-As amended 11114172
-81-
7. Review by Board of Ao ustment: Upon recelving the recom.er-
dattons of the Zoning and Planning Board, the Board of Adjust-
ment snail rev, ew with due public notice, said recorr,endation
and preliminary application and either grant, grant subject to
conditions, or deny the prel,mfnary application. Public notice
of said pub, tc hearing shall be given according to the provi-
sions of this zoning code.
® 8. Recordation of Preliminary Application: After formal action
by the* •Board of Adjustment, a copy of the preliminary appli-
cation and the required exhibits shall be certified by the
City Clerk and retained as a permanent record.
RPDB: Final Application
® The developer shall have one year from the approval of the preliminary
applicatlon for a Resldenttal Planned Unit Development special eacep-
don in which to file final application. At the request of the de-
veloper, and for good cause shown, the Zoning and Planning Board may
-As amended 11114172
-81-
extend for six (6) months the period required for the filing of said
application.
The final application may request approval for the entire Planned
Development or any stage specified in the PrellmioarY
ment Plan. if approval is not requested for the entire Planned Unit
Development. the developer shall have one year frm for approval Of the
final application to file another final application
any or all of the remaining stages specified in the preliminary de-
velopment plan. At the request of the developer. and for good cause
shown, the Zoning and Planning Board may extend six (6) months the
period for the filing of said application.
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Required Exhibits: The required exhibits which shall be attached
to the final application shall be essentially the same as those
required for the final plat approval in the Cape Canaveral Sub -
a vision Regulations in addition to any other suppl enentary data
needed by the Zoning and Planning Board in order to evaluate the
proposed development.
a, The Development Schedule shall contain the following Informs,
1. the order of construction of the proposed stages delineated
in the Development Plan.
Z. The proposed date for the beginning of construction on said
stages.
3. the proposed date for the completion of construction on said
stages.
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4. The proposed scredule for the construction and improve-
ment of common open space within said stages, including
®
any complimentary buildings.
o. Deed restrictions proposals to preserve the character of the
common open space as set forth in .Section 3. Said deed restric-
®
t ton s shall include a prohibition against partition by any re-
sidential property owner..
®
c. If the developer elects the association or non - profit corpora -
Lion. method of administering common open space, the proposed
bylaws of the association or the certificate of incorporation
and the corporate bylaws of the non - profit corporation shall
for
be suhmi tted for approval by the City.
d. .Instruments all rights -of -way, easements and other
®
public lands shown on the Final Development Plan from all
P ersons having any interest in said land.
e,. A bill of sale, conveying to the City water and sewer utility
Imes, mains, lift stations, and other personal property re-
,d to be Installed by this Ordinance.
I* Instruments lndlcating that all necessary off -site easements
or dedications have keen acquired. in lieu of originals,
'certified true copies' will be accepted if the recording
®
information from the Public Records of Brevard County, Flo -
rida is Included thereon.
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g. A bond from the developer shall guarantee the installation
of the public improvements specified In the Hall Develop-
ment Plan through one of the following methods:
I. Filing a performance and labor and material payment bond
by the developer, 110: of the estimated construction cost
as determined by the City.
2. Uepas tang or placing In escrow a certified check, cash,
or other acceptable pledge, 110: of the construction cost
as approved by the City. In the event the developer elects
to provide an escrow agreement, he shall pay to the City,
for the cost of administering the escrow agreement, a sum
of money equivalent to two (2) percent of the contractor
costs.
Such performance and payment bond shall be trom a company li-
censed as a surety in the State of Florida, listed by the U.S.
Treasury Department and rated t :AAAA In Best's Insurance Guide
Upon acceptance of all improvements by the City, the performance
and payment bond shall be released.
h. A title opinion from an attorney showing the status of the
title to the site encompassed by the Final Oavelapment Plan
and all liens, encumbrances and defects, if any.
i. Paid recelpts from the City and County indicating taxes have
been paid in full up to and Including the current period. The
developer shall escrow with the City 125' of estimated City
taxes on the site ercanpassrd Ir !!•e Final DeVOO mEnt Plan for
the year in which It is recorded.
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e2. Procedure:
a. The final application for approval of the Final Cevelopment Plan
® shall be submitted for review at least fifteen (15) days prior
to a regularly scheduled meeting of the Zoning and Planning Board.
Said application must adhere substantially to the approved prelim.
Wry development plan. ••A copy of the Final Development Plan
shall be sent to each member of the Zoning and Planning Board by
the
Building Department not less than five (5) days before said
scheduled meeting.
o. A fee of $10.00 shall accompany the final application for the
purpose of administration.
c. The Zoning and Planning Board shall recommend the approval,•ap -.
® proval subject to conditions, or disapproval of the final appli-
cation based upon the conformity of the Final Development Plan
with the Preliminary Development Plan, the sufficiency and ac-
curateness of the required exhibits, and the requirements and
purposes of this Ordinance and the Code of Ordinances of the City
of Cape Canaveral.
d. Deleted
e. --The Board of Adjustment shall review the recommendations of the
Zoning and Planning Board and either grant, grant subject to con-
ditions. or deny the final application,
3. Recording of Final Development Plan:
a. After . approval by the• Board of Adjustment, the City Clerk shall
•-As amended 11/14/72
-65-
see that all requirements of Florida Statutes, Chanter 177,
have been complied with before the final Development Plan
is presented to the Clerk of the Circuit Court of Br.vard
County for recording. No final Development Plan of a
Planned Unit Oeveloinnent within the corporate limits of the
city shall he recorded by said Clerk unless it shall have
the approval of Board of Adjustment inscribed thereon.
Two (2) copies of the recorded Final Development Plan shall
be returned to the City Clerk, the cost of which shall be
borne by the Subdivider.
b. The transfer cf, sale of, agreement to sell, or negotiation
to sell land by reference to or exhibition of, or other use
of a Final Oeveloiment Plan of a Planned Unit Oevelopnent,
or portion thereof, that has not been given final approval
•• by the Board of Adjustment in the Official Records of Brevard
County, Florida Is prohibited. The description by metes and
bounds in the instrument of transfer or other documents shall
not exempt the transaction from such prohibition.
c. Tile Development Schedule contained in the approved final
application shall be certified by the City Clerk and re-
tained as a public record by the City of Cape Canaveral.
RPUO_Buildinn Permit and Certificate of Occupancy
••I,o building permit shall be issued by the Building Official until the
Final Oevelol.nent Plan has been approved and duly recorded.
•• The Buildinq Official shall Issue no certificate of occupancy until
••AS amended 11/14/72
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all utilitties have been accepted for any or all portions of the project
by its applicable authority in accordance with the final Developna,nt Plan'.
® "P G: Physical Review
® The City shall have the right to evaluate the physical layout, archi-
tpctural characteristics, and amenities of the Planned Unit Developnent
® and to suggest changes or modifications desiqned to create compatibility
and conformity In the variety of uses within the development to insure,
® protect and promote the health, safety and general welfare of the nron
erty owners of the Planned Unit Development and the residents of the City
1 Cape Canaveral.
ON Ila lntenance Warrant, end
A maintenance warranty bond approved by the City in the amount of 10;
of the estimated construction cost, shall be posed by the developer
prior to obtaining a certificate of completion as Provided for in
eSection 5 of this Ordinance. Such bond shall be for a period of two
(2) years, shall cover all public impro —nts installed by the developer
eand shall be issued by a company licensed as surety in the State of
Florida, listed by the U.S. Treasury Department and rated A.AAAA I,, Des is Insurance Guide.
RPUU:_ Standards
All lots within the Planned Unit Davelopment shall nleut at least the
efollowing mininuni requirements:
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" 1. Minimum Lot Size for Sin In Family Detached Residences:
Any lot within the boundaries of a RPUD upon which a sin,11 - family
dwelling is to be located shall have a minimum lot size of six
thousand (6,000 ) square feet.
2. Maxinun Lot [overage: Maximum lot coverage shall be forty (40)
percent for all lots within the Planned Unit Develowent.
3. Minimum Living Area: A minimum living area of 1,000 square feet
shall be provided for each single family dwellinq unit and the
following minimum living area requirements for multi - family units:
efficiency apartments, 450 square feet; 1 bedroom apartments,
550 square feet; 2 bedroom apartments, 650 square feet; 3
bedroom apartmens. 800 square feet plus 100 square feet for
each additional bedroom.
4. Setback Req_utrenents: There shall be a minir,um setback of 25
feet between any one -story building and Al public or private
access right -,f-way designed for limited vehicular traffic,
such as cul -de -sacs or dead -end type streets. A minimum set-
back of 30 feet shall apply to dwelling units located on collec-
tors or thru streets. The setback shall be increased 2 feet
for each additional story.
- -As amended 11/14/12
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5. Ois [ante Between Butldinns: Thore shall be a minimum distance
between detached buildings as follows:
20 feet for the first two stories
25 feht for three stories
30 feet for four stories
2 additional feet for each story above four
Building setbacks from the exterior boundaries of the RPUD shall
not be less than 35 feet.
In no instance shall any one building extend more than 150 feet
in length without being separated by a break of open space of
at least 20 feet.
•• G. Access: All lots shall have access to either private or public
roads within the Planned Unit Development. Private roads are
to be allowed within the Planned Unit Develepmont if they meet
the minimum City construction standards and are of a doll gn
which meets the approval of the Pu bit
c llorks offtcta 1. Private
roads shall not be ponni tted along the perimeter of the Planned
Unit Develelrent unless approved by " The Board of Adjustment.
All roads must be designed to tie In effectively with the
City's Thoroughfare Plan. The City shall be allowed access
on private roads and privately owned common open space to
insure the police and fire protection of the area to meet
emergency needs, and to conduct City services.
••AS amended 11/14/72
-69-
7. off- Street Parking: Parking standards of this code shall be
adhered to by the developer.
8. Buffer Zones: Compatible and complimentary buffer areas and /or
screening shall be provided between primary residential uses
and secondary non -residential uses within the Planned Unit
Development and between conflicting uses located on the periphery
of the development and surrounding developments or zoning dis-
trict.
••9. 111nimwn Usable_oyen Space: In no instance shall the total amount
of usable open space within the Planned Unit Development be less
than 25 percent of the gross acreage of the Planned Unit Develop-
ment.
•' RPUD: Dens ity .
uensity of the RPUD Shall be computed in the form of dwelling units
per gross acre. Permitted density in RPUD are as set forth In the
scheMed below:
RPUD
R -2 25 d... /ac.
R -3 25 d.u. /ac.
C -1 25 d/ac.
RPUD_ leniil iia tion of SDecS ai Exception
Any owner of land which has been designated a Planned Unit DeveloP_nt
special exception can apply to the City for the termination of the
ns miended 11/14/72
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special exception use of that portion of his land In which construction
has not been commenced pursuant to a Final Development Plan.
2. Planned Residential Oevelopnent (or Mobile IlomeParks
Mobile home parks developed in such a manner as to make
efficient, economical and esthetically pleasing use of the
land, so restricted that same will be continually maintained,
and when such is provided for in a carefully drawn plan, the
Board of Adjustment may permit such develonenent as a Special
Exception to the appropriate zoning district in which such
development is planned, providing the following conditions
are met:
--a. The procedure for review and approval of new mobile hone
Parks shall be the same as for the Residential Planned
Unit bevelopnent.
•-b. Site and Building Regulations:
(1) Minimum Mobile Home Standards - each mobile hone
used for habitation shall have the minimum facill-
ties consisting of:
(a) Inside running water and an installed
kitchen sink
(b) Inside bathing facilities which shall
consist of an installed tub or shower
--As amended 11/14/72
-71-
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(c) An installed flush toilet
(d) Installed electric 119, tln9 facilities
(e) Screening, which shall 6e provided to
effectively cover all outside openings
such as windows and doors, with a fine
mesh such as is ordinarily used In
dwellings to prevent the entrance of
flies, mosquitoes, and similar pests.
(f) An enclosed body or shell, which shall
be to good repair, to effectively protect
the occupants from the elements
(9) A minimum of floor area, as determined
by outside dimensions, of five hundred
square feet.
2. Sizo of 0evelopnent Site - the minimum size of the site
to be developed for a robile home park shall be ten (10)
acres.
3. Required Recreation Area - A minimum of 15z of gross land
area, exclusive of required buffer space and street right -
af•way shall be set aside and developed for recreational
purposes for residents of the mobile have park.
S. Hin4mm Size of Individual _ Mobile Home Space
a. Mobile h— parks shall provide a minirum of four thousand
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® 5. Minimum Yard Requirements of Individual Mobile Home Space
a. Front Yard: 10 ft.
b. Side Yard: 8 feet
e. Rear Yard: 8 feet
6. Site perimeter Yard Requirements - the following perimeter yard
setbacks are required except where usch perimeter yard abuts an
® adjacent mobile home development:
a. An additional yard setback of ten (10) feet, exclusive of the
® Inds vidual site requirement, Is required for all perimeter
yards except those abuc.:,j a public street and /or where
aperimeter roadway exists. Such yard setbacks shall be
maintained as specified below.
b. An additional yard setback of twenty -five (25) feet measured
from the public street right -of -way line Is required for all
perimeter yards abutting a public streets except where a Perim-
. eter roadway exists. Such yard setbacks shall be maintained
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(4,000) square feet per space except that twenty -five (25)
percent of the spaces to be provided in such park may provide
a minimum area of three thousand two hundred (7,200) square
feet provided that, for each such space, one (1) space shall
be provided with a minimum area of four thousand eight hundred
(4,000) square feet.
®
b. The minimum space width shall be forty (40) feet.
® 5. Minimum Yard Requirements of Individual Mobile Home Space
a. Front Yard: 10 ft.
b. Side Yard: 8 feet
e. Rear Yard: 8 feet
6. Site perimeter Yard Requirements - the following perimeter yard
setbacks are required except where usch perimeter yard abuts an
® adjacent mobile home development:
a. An additional yard setback of ten (10) feet, exclusive of the
® Inds vidual site requirement, Is required for all perimeter
yards except those abuc.:,j a public street and /or where
aperimeter roadway exists. Such yard setbacks shall be
maintained as specified below.
b. An additional yard setback of twenty -five (25) feet measured
from the public street right -of -way line Is required for all
perimeter yards abutting a public streets except where a Perim-
. eter roadway exists. Such yard setbacks shall be maintained
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as specified below.
c. Al 1 perimeter yard setbacks shall be attractively landscaped
and neatly maintained and shall a hemIse be unoccupied except
for utility facilities, signs. entrance ornamentation and /or
landscaping devices. Landscaping shall constitute an effective
visual and /or aural screen for the protection of the inhabitants of
the no le home park, and may Include but shall not be limited
to, decorative fencing and /or decorative trees and shrubs.
Utilities and Services - Each mobile home shall be independently
served by separate electric power, gas, and other utility services,
wherever such utilities and services are provided and no mobile
hale shall be in any way dependent upon such services or utility
lines located within another mobile home or mobile home site,
except as may be installed in public easements. All mobile home
parks must be connected to cS ty water and sewer lines and all
electrical, telephone, and CAiY lines to a mobile home park shall
be placed underground. Proper and adequate access for fire- fighting
purposes, and access to service areas to prpvide garbage and waste
collection, and for other necessary services shall be provided.
B. street-Li2t -of -Hay Widths and Improvements
a. Bight-of -way widths of public streets serving a mobile
home park 51,111 confomn to all applicable minimum stan-
dards of the City of Cape Canaveral and requirements for
such streets.
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b. Improvement of streets inside mobile have parks is required,
subject to the following conditions:
(1) Center street drainage may be made provided only
when provision has been made for adequate reinforced
pavement edges to prevent pavement breaking due to
absence of standard curb and gutter.
(2) Streets in mobile hone parks shall be constructed
to meet the following standards:
(a) Minimum right -of -way width: 32 feet
••(b) Minimum pavinq width: 22 feet constructed
to conform with adequate construction
standards approved by the Building
Official_
—3. Expansion of Existing Mobile lime Parks: whenever the
owner of a mobile have park proposes expansion, plans
for such expansion shall be submitted and approved in
In the same manner as plans for the new mobile home
parks. Mobile home parks expansion plans shall comply
with new park requirements unless such compliance Is
found to be impracticable by the Board of Adjustment, in
which case minor variations of new park standards may be
approved. Improvement of substandard conditions in existing
parks may be required as a precedent to expansion of such parks.
The procedure for review and approval of expansion of Mobile lia °e
Parks shall be the same as for Residential Planned Unit
Uevelol —nt.
••a. Ownership: the site proposed shall be in one ownershin, or if
several ownerships, the request for special excention shall be
filed by all owners of the properties included in the plan. ,
••b. Site Plan: Concurrent with the request, a scaled and dimen-
sioned site plan of the developcent shall be submitted prepared
by a ray isiered enginaer. The site plan shall show, Gut shall
not be in to:
(I) Proposed standards for develop,,ent, Including re-
strictions of the use of the property, denisty
standards and yard and restrictive covenants;
(2) '.coil on of buildings in relation to property and
lot lines;
(d) Location of off - street parking spaces and bays,
Internal circulation ways, ingress and egress
points for the site;
(4) Public and semi- public open spaces, comrunity
facilities and landscaped areas, walls, patln
and service areas (including garbage disposal
areas), driveways, walkways, as well as provision
for maintenance of all cmxnon areas;
(5) Exceptions or variations to the require,ents
of the zoning Ordinance requested, if any;
(6) Plans for the provision of utilities, including
but not limited to water, sewer and drainage
facilities, and fire protection facilities.
•• As amended 11/14/72
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(7) Plans for protection of abutting properties;
(8) And such other plans and tabulations and
other data that the Board of Adjustment may
require.
If, after approval of the plan, substantial change
therein is desired, application shall be filed
with the Board of Adjustment to modify or change
such plan.
'•c. Assurance of Improvements: A statement defining the
manner in which the City of Cape Canaveral is to be
assured that all improvements and protective devices
are to he ins [all ed .and maintained shall accompany
the request for Special Exception. The Board of
Adjustment may require the posting of a performance
bond not to exceed 11M of the cost of providing:
(1) the public services customarily supplied by
the City of Cape Canaveral to fill respec-
tive needs for steno, water and sanitary
sewage disposal, water supply and so forth;
(2) the public improvements necessary to insure
proper ingress and egress for the site.
-As amended 11114/12
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PlannedCCon11e"oial Development
For commercial use or group of conmerci al uses for which three n
or more acres is intended to be developed simultaneously according
to a carefully drawn plan, the Board of Adjustment may permit such
development as a Special Exception to the appropriate Zoning district to
in which such development is planned. This Provision mn is intended ties
encourage the timely and logical development
and for the expansion of existing commercial facilities which would
be constructed as a unit; to discourage development
parcels of site where uncoordinated development would omrerresult
in less efficient use Of the land and of service to the Community
and its residents; and to assure suitable design and other criteria
which would protect both the commercial environment and surrounding
properties. Variances to lot and building regulations to permit
more flexible design and utilization of space may be permitted.
in order to qualify for such Special Exceptions, the following
conditions most be met:
a, NnershiP: The site proposed shall be in one ownership, or,
if in several ownerships, the request for special exception
shall be filed by all owners of the properties included in
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the plan.
b, Utilities and Services: Structures within the Planned
Commercial Development must be connected to City water
and sewer lines and all utility lines shall be placed
underground. Proper and adequate access for fire - fighting
-78-
purposes and access to service areas to provide garbage and
waste collection, and for other necessary services to be
eProvided.
C. Zoni n9 provisions: All other portions of the respective
'
zoning distrI ct regulations and all other applicable por-
tions of this ordinance except those portions specifically
Permitted above for variance shall be adhered to.
d. Street Frontage: The site proposed shall have a minimum
width of 200 feet along a major street frontage.
®
e. Access Lindtations: Locations for access onto and off
the site shall be confined to rights -of -way on which
no residentially zoned property abuts within 400 feet.
The minimum distance between ingress and egress locations
Shall be at least 150 feet, and the minimum distance
Inc It
between any one location and an intersection of two
or nwre street shall be 100 feet.
I. Site plan: Concurrent with the request, a site plan
shall be subml Ued on which structures shall be located
in relation to:
(I) oath other and to major entrances into and off
[he site;
(2) internal circulation ways;
®
(3) parking and service areas and,
(4) landscaped areas.
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The site plan and supporting data shall also show proposed
standards for development, including restrictions of the
use of property: exceptions or variations to the requirements
of the Zoning Ordinance requested, if any; plans for the
provision of utilities, hrtludIng water, sewer and dra inage
fac111ties; plan for protection of abuttinq properties: and
such other plans, tabulations and other data that the
Board of Adjustment may require.
Assurance of Improvements: A statement defining the
manner in which the City of Cape Canaveral is to be
assured that all improvements and Protective devices
are to be installed and maintained shall accompany the
e
request for Special Exception. The Board of Adjustment
may require the posting of a performance bond not to
exceed 110 Dercent of the cost of providing:
(1) the public improvements necessary to insure
proper ingress and egress for the site;
(2) the public services customarily supplied by
the City of Cape Canaveral to fill respective
needs for storm, water and sanitary sewer dis-
,
Dos al, water supply and so forth.
Subsequent to the compliance of the aforementioned
conditions, the customary procedure for granting of
a Special Exception by the Board of Adjustment and for
,
obtaining a building permit shall take effect.
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5. Planned Industrial Development
For industrial use or group of industrial uses for which five
(5) or more acres is intended to be developed simultaneously
according to a carefully drawn plan, the Board of Adjustment
may permit such development as a Special Exception to the
appropriate zoning district in which such development is
Planned. This provision is intended to encourage better
organization and controlled development for land reserved
.primarily for Industrial uses, to create a compatible en-
viroment for a variety of industrial activities, to protect
the integrity of surrounding residential and commercial uses,
to allow and encourage proper placement and design for those
commercial and residential uses which augment the principal
uses, and to discourage commercial and residential encroach-
ment upon areas which should be reserved for industrial activ-
ities. Variances to lot and building regulations to pr unit
more flexible design and utilization of space may be per-
mitted, and any industrial use which meets the standards
established in Performance Standards may be permitted. In
order to qualify for such Special Exceptions, the following
conditions must be met:
a. Ownership: The site proposed shall be in one ownership,
or, if in several ownerships, the request for special
exception shall be filed by all owners of the properties
Included in the plan.
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b. Zoning Pro' Istons: All other portions of the respective
zoning district regulations and all other applicable por-
tions of this ordinance except those portions specifically
permitted above for variance shall be adhered to.
C. Street Frontage: This site proposed shall have a min-
tmum width of 700 feet along a major street frontage.
d. Recess Limitations: Locations for access onto and off
the site shall be confined to rights -of -way which no
residentially zoned abuts 400 feet.
property within
The minimum distance between such ingress and egress
shall be at least 200 feet and the minimum dls lance
between any one location and an intersection of two or
more streets rights -.1-way shall be 100 feet.
e. Site Plan: Concurrent with the request, a site plan
shall be submitted on which structures shall be located
In relation to:
(1) each other and to major entrances into and off
the site;
(2) internal circulation ways;
(d) parkin, and services areas, and
(91 landscaped areas.
the site plan and supporting data shall also show
proposed standards for development, including restrictions
of the use of Property; exceptlons or variations to the
requirei;onls of the Inning Ordinance requested, If any;
1
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plans for the provision of utilities. Including water,
sewer and drainage facilities; plans for protection of
abIt tting properties; and such other plans, tabulations
and other data that the Board of Adjustment may require.
®
f. Assurance of Improvements: a statement defining the
manner In which the City of Cape Canaveral is to be
assured lhll all improvements and protective devices
are to be installed and maintained shall accompany
ethe
request for Special Exception. The Board of
Adjustment may require the posting of a performance
bond not to exceed 110 percent of the cost of oro-
viding:
(1) the public improvements necessary to insure
proper ingress and egress for the site;
®
(2) the public services customarily supplied by
the Ctty of Cape Canaveral to fill respec-
if ve needs for storm, water and sanitary
sewer disposal, water supply and so forth.
g. Utilities and Services: Structures within the Planned
®
Industrial Development must be connected to City water
and sewer lines and all utility lines shall be placed
underground. Proper and adequate access for fire-
®
fighting purposes and access to service areas to pro-
vide garbage and waste collection, and for other neces-
sary services to be provided.
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Subsequent to the compliance of the aforementioned conditions,
the customary procedure for granting of a Special Exception
by the Board of Adjustment and for elt,lnln,, a building
permit shall take effect.
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® Ix. OFF- STREET PARKIRG ARU LOA.IIIG REGULATIONS
1. Uff- Street Parking and Loading Requirements
1 a. Definition of Off- Street Parking Space: For the purposes
of this ordinance, the term 'off- street parking space"
® shall consist of a minimum paved area of 200 square feet
with minimum dimensions of 10 feet by 20 feet for parking
® an automobile, exclusive of access drives or aisles thereto.
b. Requi roments for Off Street Parking: There shall be pro-
® vided at the time of the erection, or change of use, of
any main building or structure or at the time any main
® bull ding or structure is enlarged or increased in capacity
by adding dwelling units, guest rooms, floor area or seats,
® minimum off - street automobile parking space with adequate
provisions far ingress pr egress In accordance with the
following requ lrm en t:,
or
Auditorium, theatres or other places of assembly -
One space !or each 0 seats, or seating place or one
space for every 100 square Prot of floor urea of the
main assembly hall, whichever is greater.
® (2) Ousiness or co— ercial buildings - One space for
each three hundred square feet of grass floor area
or fraction thereof.
(3) Churches, temples or places of worship - One space
® for each four seats or seating places, or one space
for each 125 square feet of floor area of the main
assembly hall, whichever is greater.
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or
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(q) clubs or lodges - One space for each 3 seats
seating places or one space for each 100 square
feet of floor area of the main asserbly hall,
whichever is greater.
(5) hospitals - Two spaces for each patient bed.
(6) Libraries. museums - Off- street parking spaces
equal in area to fifty percent of the floor area
open to the public.
(7) Manufacturing and industrial uses - One space for
each employee on the largest working shift.
(0) Medical or dental clinics - Three spaces for each
examination or treatment room plus one space for
each employee.
(9) mortuaries - One space for each five seats or seating
places, exclusive of areas needed for ambulances.
,
(10) Ilursing or convalescent homes and sanitariums
One space for each four patient beds.
(11) Office and Professional Buildings (e::rludin9
medical and dental clinics) - One space for each
,
300 square feet of gross floor area.
(12) public Buildings.- One space for each five seats or
seating places or one space for every 150 square
feet of floor area in the main assembly roan.
whichever is greatest.
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(13) Residential Uses (including single, two and multiple
family dwellings. RPUO, and mobile homes) - Two
spaces f r each living unit.
(14) .Restaurants or other eating places - One space for
each three seats or seating places.
®
(15) Rooming, boarding houses - One space for each bed.
(16) Schools -
(a) Colleges, technical and vocational schools -
One space for each student.
(b) High School - One space for each two students
(c) Junior High. elementary, kindergarten, nursery -
One spaceper classroom plus one space for each
nls trative office.
(17) Transient lodging facilities - One space for each
sleeping unit, plus one space for each 12 sleeping units
for employee parking.
OR) A11 other uses - To be determined by the Building
Official of the City of Cape Canaveral, who shall
use the above ratios as a standard for determining
Ile requirement..
c. location of Off- Street Parking. Spaces -
(1) Parking spaces for all residential uses shall be
located on the same property as the main building
®
to be served where feasible, unless otherwise
stipulated elsewhere in this ordinance, except
that one -half the total number of required spaces
for multiple - family dwellings, townhouses, and mobile
homes may be located In a conmon parking facility
not more than two hundred feet distant from the
nearest boundary of the site.
(2) Parking spaces for other uses shall be provided an
the same lot or not more than five hundred feet
distant.
(3) Parking requirements for two or nwre uses, of the
same or different types may be satisfied by the
allocation of the required number of spaces for each
use In a common parking facility but in no event shall
an individual parking space be allocated for more than
one use.
"(4) Required off- street parking areas for five or more
automobiles shall have individual spaces marked,
and shall be so designed, maintained, and regulated
that no parking or maneuvering other than ingress/
egress incidental to actual parking shall be on any
landscaped buffer, public street, walk, or alley,
and so that any autannbile may be Parked and un-
parked without moving another.
2. Uff- Street Loading
a. Requirements for Off- Straet Loading Spaces:
(1) Every permitted use requiring the receipt or
••As amended 11/14/72
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distribution by vehicles of materials or mer-
chandise and having a floor area of ten - thousand
square feet or more shall have at least one ner-
manently maintained off- street loading space for
each ten - thous" square feet, or fraction thereof
of gross floor area.
(2) Single - occupancy retail operations, wholesale and
I ndustrial operations with a gross floor area of
less than ten thousand square feet shall provide
sufficient receiving space on the pronerty so as
not to hinder the movement of vehicles and pedes-
trians over a side alk, street or alley.
b. Location and Dimension of off- Street Loading Space:
Each space shall have direct access to an alley or
street and shall have the 1,11 In, minimum dimensions:
length, forty -five feet: Odth, t-Ove feet; height,
fourteen feet.
M. GONE OCCUPATIONS
1. in any district where a home occunation is allowed, it shalt
he clearly Incidental and secondary to the use of the dwelling
for dwelling purposes and shall not change the character thereof.
When permitted, hone occupations shall he conducted in accordance
with the following provisions:
a. No person other than members of the family residing on
the promises shall be engaged in such occupations.
be
h. 'here shall he no of goods visible from any
street.
c. A non- Illmeinated name plate, not exceeding two square
feet in area, may be displayed providing the same is
affixed flat against the exterior surface at a position
not more than two feet distance from the main entrance
to the residence.
d. Ito hone occupation shall occupy an area greater then
twonty -five (25z) of the first floor area of the res-
Ideuce, exclusive of the area of any open porch or
attached garage or similar space not suited or intended
for occupancy as living quarters. Iln roams which have
been constructed as an addition to the residence, nor
any attached garage or porch which has been converted
,
into living quarters, shall be considered as floor area
until two (2) years after the date of completion thereof.
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e. llo hone Occupation sliall be conducted in an accessory
building; such occupation must be conducted, in the
nialn residence.
f. 110 motor power other than electric motors shall be
used in conjunction with Such home occupations. The
total horsepower of such motors shall not exceed three
(7) horsepower, or one (1) horsepower for any single
motor.
9. Ito equilevot or process shall be used in such home
occupation which creates noise, vibration; glare„
funms, odors, or electrical Interference detectable
to the normal senses off the lot. In the case of
electrical Interference, no equipment or process
shall be used which creates visual or audible inter-
,
ference to any radio or television receivers off the
premises, or causes fluctuations in line voltage off'
®
thv proatses.
h. Occupations which generate greater volumes of traffic
than would normally be expected In a residential neigh-
borhood, such as barbershops, beauty shops, public
dining or lea room facilities, antique or gift shops,
fortune telling or clairvoyance, repair shops are
®'
prohibltod.
i
M1. PERP11VANCE STANDARDS
1. Application of Performance Standards
a. Any use, building, structure, or land developed, can -
structed or used for any permitted principal uso, or
any use permissible as a special exception, or any
accessary use, shall comply with all of the performance
standards herein set forth.
b. If any existing use or building or other structure is
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 wf this ardi nonce, 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-
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.
2. Administration and Enforcement of Performance Standards
Upon complaint to the Building Official that an apparent vio-
lation in meeting the Performance Standards exists, the holder
of the certificate of occupancy for the building which the
alleged violation originates must furnish the Building Official
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with a certified statement by a registered engineer that
proper measurements have been made and that the alleged
violation does or does not exist. If such violation does
exist, it shall be rectified subject to approval by the
Building Official. All costs incurred in the above pro -
cedure shall be borne by the holder of the certificate of
occupancy far the building which was the subject of the
complaint.
3. performance Standards - All uses within the city shall
conform to the performance standards, set forth herein.
®
a. Noise Standards:
(1) Method of measurement: Sound levels shall be
measured with a sound level meter and associ-
ated octave band filter manufactured according
to standards prescribed by the American Stan-
dards Association (American Standard Sound Level
Meters for Measurement of Boise and Other Sounds
Z24.3 -1944, American Standards Association, Inc.,
eflew
York, Ilew York, and American Standards Speci-
fications for an Octave -Band filter Set for the
Analysts of Iloise and Other Sounds, 224 -10 -1953,
American Standards Association, Inc., New York,
(2) Locational requirement for measurement: Sound
levels shall be measured along the boundaries
of the site.
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(3) Permitted sound levels:
Maximum Sound Pressure Level in Decibels
(0.0002 dynes per sg. Centimeter)
Octave Band Along Residential Alonq Commercial 6 Industrial
(Cycles per Second) District Boundaries District Boundaries
0 -75
11 79
75.150 54 74
150 -300 47 66
300.6U0 41 59
600 -1,200 31 53
1,200 -2,400 34 47
2.400 -4,800 31 41
Above 4,800 28 39
These standards shall apply to all noises, due to intermittence,
beat frequency or shrillness.
b. Smoke and Particulate Matter 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
approximately 30 to 50 cubic feet of air per
minute through a pre- eighed filter, and approved
far use by the Florida State Board of Health,
Bureau of Sanitary Engineering.
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(3) Locational requirements for measurement: The
amount of particulate matter shall be measured
1
at the property line of the use from which such
particulate matter is emitted.
(1) In the event that a high volume sampler is not
avai lahlo, every use shall be so operated as
®
to prevent the emission of smoke from any source
whatever, to a density greater than described as
®
Number 1 on the Ringlemann Smoke Chart, vrovided
however, that smoke equal to but not in excess
e
of that shade of appearance described as llamber
2 on the BingIemann 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 pub.
fished and used by the United States Bureau of
ties, and which is hereby made, by reference,
®
a
a part of these regulations, shall be the standard.
All measurements shall be at the point of emission
efor
this period of measurement.
c. Odor Standards
(1) Requirements: All uses shall be controlled to
prevent the emission of odorous gases or other
®
matter in such quantities as to he objectionable
or offensive at 'lie specified points of measurement.
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(2) Method of measurement: A noxious concentration
,
be the Point at which the
shall be deemed to
threshold of smell can be achieved.
(g) Locational requirement: noxious odors shall be
measured as specified at a point 25 feet from
the point of origin.
Toxic Gases, Fumes, Vapors and (latter:
(1) All uses shall be controlled to prevent the dis-
charge of any toxic gases or matter in such quan-
tity 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.
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.
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(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.
-96- 1
e(3)
Location requirement: Vibration shall be measured
as specified along the boundaries of the site.
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(4) Permitted vibration transmissions:
Frequency Flaxtmum Penni tied Oizplacement
(Cycles Per Second) Along the Property Line (1n inches)
0 to 10 .0008
10 to 20 .0005
20 to 30 .0002
30 to 40 .0002
Over 40 .0001
f. Olare and Lighting Standards:
Any lighting elements or structural materials installed
on a site shall be prevented from casting or reflecting
glare or light beyond the boundaries of the site, unless
their location precludes any hazard or nuisance arising
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as a consequence of such glare or light. Locations re-
quiring some means of preventing the transmission of
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glare or light beyond the site's boundaries are estab-
lished according to the relationship between (a) required
minimum elevation of the lighting element or structural
material above the final grade established along the
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nearest site boundary, 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 required of each distance
shall be shielded or otherwise screened to prevent trans-
mission of light or glare beyond the site:
. -97-
Distance from Required Minimum Elevation
51te Bounda Sfpr Iinhtinn 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. Electromagnetic Radiation:
(1) Requirements: All uses shall he controlled to
prevent any source of electromagnetic radiation
which does not comply with the current requla-
tions of the Federal Communications Commission
regarding such sources of electromagnetic radia-
tion.
h. Heat and Humidity:
Any use producing humidity in the form of steam or moist
air, or producing heat, shall be carried on in such a
manner that steam, humidity or heat is not perceptible
to the average person using his normal senses at any
lot line.
i. Fire and Explosion:
iach use shall be so operated as to minimize the dargjr
1
from fire and explosion and to comply with the fire regu-
laticos
). Radiation hazards:
Applicable standards of the Florida Stale Board of health
Sanitary Code are hereby adopted.
-98-
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A. Stream Pollutants:
No effluent shall be discharged into any stream or water-
sway.
Discharges Into the City of Cape Canaveral sewerage
system shall he as approved by the City Engineer.
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SUPPLE14E11TARY DISTRICT REGULATTOUS
1. Building Setback Lines
a, for the purpose of promotinq health, safety and general
welfare of the community, and to lessen congestion in the
Streets; secure safety fron fire, panic, stone, hurricane
or other causes; to provide adequate light and air, to pre-
vent the overcrowding of land; to avoid undue concentration
of population; to provide adequate facilities for trans-
portation, parking, water and sewerage; and to conserve
the value of buildings and encourage the most appropri-
ate use of land, all properties within the city limits of
Cape Canaveral which abut the following roads shall main-
tain these minimum building setback lines:
(1) U. 5. Ilighway AIA
(a) Setback on east side from southern city
boundary north to Range Line 23 will be
fifty (50) feet fron highway riqht -of -way
and setback on cast side from Range Line
23 to northern city boundary shall be a
minimum of seventy -five (75) feet from
the highway right -of -way.
(b) Setback on west side of AIA fron southern
city boundary to northern city boundary
shall be a minimum of seventy -five (75)
feet from the highway right -of -way.
-loo-
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(2) Ilorth Atlantic Avenue (that Portion of Mnrth
Atlantic Avenue also known as Palm Avenue)
(a) .Setback, each side, from southern city
boundary shall be a minimum of seventy-
five (75) feet from the cecte- line of
the road.
(3) Ridgewood Avenue
(a) Setback, each side, from southern city
®
boundary shall be a minimum of twenty -
five (25) feet from the road right -of -way.
b. in all cases there shall be a setback of fifty (50) feet
from the official ocean bluff line as established on the
®
Official Bluff Line Map.
c. In determining the setback requirements for any building
®
proposed to be erected, the setback requirements herein
above shall be construed as a minimum setback and if a
greater setback is required under any of the zoninq districts,
®
then such greater setback requirements shall be enforced.
2. Erection of More than One Principal Structure on a Lot
In any district, more than one structure housing a permitted or
permissible principal use may be erected on a single lot, pro-
vided that yard and other requirements of this ordinance shall
®
be at for each structure as though It were on an individual
lot.
I
-101-
Yard Encroachments
Every part of every required yard shall be open and unobstructed
from the ground to the sky except as hereinafter provided or
as otherwise permitted in this ordinance:
a. 5111s or belt courses may project not over 18 inches into
a required yard.
b. Movable awnings may project not over 3 feet into a
required yard, provided that where the yard is less
than 5 feet in width the projection shall not exceed
one -half the width of the yard.
c. Chimneys, fireplaces or pilaster may project not over
2 feet into a required yard.
d. Fire escapes, stairways, and balconies which are unroofed
and unenclosed may project not over five (5) feet Into a
required rear yard, or not over three (3) feet into a
side yard, and shall not Project Into a required front
yard of a multiple dwelling, hotel or motel.
c. Hoods, canopies, or marquees may project not over 3 feet
into a required yard.
I. rences, walls and hedges shall be permitted in required
yards subject to the provisions established herein.
g. Accessory parking may be located in a required front,
rear or side yard for single family end two family
dwellings.
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h. In the Cimwz— dal and Industrial . zoning districts required
off- street parking space may be located in the front yard
except that no parking shall be permitted within 10 feet
of the front lot line.
• •I. Other than listed above In (g) and (h), no required land -
scaoe buffs shall be used for any parking space or
backout area,
J. Open, unenclosed parches, platforms, or paved terraces
not covered by a roof or a canopy, and which do not
extend above the level of the first floor of the
building, may extend or project Into the required yard
area.
4. Accessory Structures
No accessory structure shall ue erected In any required front or
® side yard, and shall not cover more than 30% of any required rear
yard. he separate accessory structures shall 'be erected within 10
® feet of any building an the same lot nor within 15 feet of any
lot line and shall not exceed 24 feet In height. Accessory buildings
shall be cons trucled simultaneously with, or following, the con -
struc[fon of the main building. Ho home occupation or business may
be conducted In an accessory building. Ito accessory . building which
contains living quarters shall be built on any lot in any resi-
dentlal district except servants quarters for persons other than
the Ianedia to family, employed on the premises.'
--As amended 11/14/72
-103-
• •5. Visibility at Intersections
On a corner lot in any district, nothing shall be erected, placed,
Planted, or allowed to grow in such a manner as to Impede vision
between a height of two and a half feet and ten feet above the
centerline grades of the intersecting streets in the triangular
area bounded on 2 sides by the street right -of -way lines and on
third side by a straight line drawn between two points on the
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street r ght-of -way line located 25 feet from the point of
the intersection of the street right -of -way lines.
,
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6. fences, walls and Iledges
not withstanding other provisions of this ordinance, fences,
walls, and hedges may be Dermltted in any required yard or
along the edge of any yard, provided that In any residential
district no fence, wall, or hedge along any side or back
,
Yard shall be over sU (6) feet in height nor over four (4)
feet in height along any front yard.
7. Exceptions to Ileight Regulations
The height limitations contained in the Schedule of Olstrict
Regulations do not apply to spires, Lelfries, cupolas, amen -
nos, water tanks, ventilators, chimneys, or other appurtenances
usually required to be placed above the roof level and not
intended for human occupancy,
D. Structures to Time Access
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Lvery building shall he on a lot adjacent to a public street
or with access to an approved private street, and shall have
,
•As corrected 10/19/71
••As amended 11114172 -IOC -
a safe and convenient access for servicing, fire Protection,
and required off - street parking. All lots upon which structures
are built shall have a minimum access width of 25 feet on a
public right-of -way or an approved private right -of -way.
9. Location of Recreational and Camninn Equ ilxnent far Livinn or
Occuoancv Purposes
a. Up person shall occupy or reside in any travel trailer,
camper (truck mounted), motor travel hone, or tent in
any location wi[liin the City other than a duly licensed
and approved trailer park, except as hereinafter Pro-
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ded.
h. Any person desiring to locate their travel trailer,
camper trailer, camper (truck mounted), motor travel
home, or tent in any space GO!- than a duly licensed
and approved traller. park as aforesaid, shall he re-
quired to secure written permission from the City man-
ager. All such permits Issued under this section
shall he temporary and shall expire at the time desig-
natted natted in the permit.
e. 110th ing contained herein shall he deemed to prevent, or
prohibit, or make unlawful the parking of any of the
aforementioned recreational or camping equlpnent In the
yard of any resident wlt.rin the City when such equip-
ment is owned by the owner or tenant of such residence
and not used for human habitation or carrying on a
business.
-105 -
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12. :later Areas
All areas within the city which are under ,,R,r and not e
shown as included within any district all be subject
to all the requirements of the district which inmedia tely
adjoins or abuts the water area. If the water area adjoins
two or more districts the boundaries of each district shall
be construed to extend into the water area in a stra tght
line as projected until they intersect a projected line r
fro, other district be Jaries.
-106-
10. Parking arid Storage of Certain t'chicles
Aut —tive vehicles or trailers of any kind or type without
current license plates shall not be parked or stored on any
residentially zoned property other than in completely en-
closed buildings. Any automotive vehicle not in running
condition shall not be parked or stored on any residentially
,
zoned property for a period exceeding 72 hours, other than in
completely enclosed buildings.
I1. ?Ilnimma utdvi of Courts
Tile rii nimwn width of a court shall be 00 feet for one -
story buildings, 40 feet for two -story buildings, 50 feet
for three -story buildings, and 60 feet for four -story build-
1
ings. far every 5 feet of height over 40 feet the width of
such a court shall be increased by two feet, provided that
open unenclosed porches lay project into a required court
not mare than twenty -five (25) percent of the width of
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such court.
12. :later Areas
All areas within the city which are under ,,R,r and not e
shown as included within any district all be subject
to all the requirements of the district which inmedia tely
adjoins or abuts the water area. If the water area adjoins
two or more districts the boundaries of each district shall
be construed to extend into the water area in a stra tght
line as projected until they intersect a projected line r
fro, other district be Jaries.
-106-
13. Lai WSCaping anJ Screen) for Commercial and Industrial Zoninn
Bis tri cis_
Wherever the boundary of a commercial or industrial zoning
district abuts upon a residential zoning district, a visual
so,egn shall be provided within the yard setbacks of such
cannercial or industrial zoning district, meeting the follow-
ing specifications:
a. Such visual screen shall be provided along the entire
length of the commercial or Industrial zoninq district
boundary which abuts upon any residential . zoning dis-
trict.
It. Such visual screen shall consist of decorative or
ornamental fencing and /or decorative or ornamental
trees and shrubs, designed and placed in a manner
rendering such visual screen at least 80: opaque
within a period of two (2) years after such screen
is provided and shall he not less than four (4)
feet In height nor more than six (6) feet in height.
c. Landscaping area for parkins areas of more than
ten (10) spaces shall comprise at least 10: of the
total parking area and shall consist of islands of
grass, hardy shrubs or evergreen qround cover
d. All areas not paved shall be landscaped with grass,
hardy shrubs or evergreen ground cover
c. Location of screening and landscaping aoJ subsequent
maintenance shall be subject to the approval of the
Building Official.
1 -107-
14. Sewage Disposal
Regardless of other previsions of this ordinance, under all
classifications and in all districts, whetherres i denttal,
business or Industrial, where no public sewer system exists,
there shall always be sufficient grouno left unoccupied by a
structure for a proper system of "sewage disposal" to fell
compliance with the Dlumbinq and other ordinances of the
City of Cape Canaveral and requirements of the Florida State
health 0epartment. No buitdinq permit shall be Issued until
the County health Department verifies that the plans for
water and sewer facilities comply with the Florida State health
Department regulations.
15. Swimninn Pools and Enclosures
Swimming pools, open and unenclosed, or covered by a screen
enclosure, may occupy a required rear or side yard provided
they are not located closer than 5 feet to a rear lot line
or 10 feet to an interior side lot line. A walk space at
least 18 inches wide shall be provided between pool walks
and fences or screen enclosure walks. Every swimming pool
shall be protected by an approved safety barrier.
16. Vehicular Use Areas
All commercial and industrial areas used for the display or
parking of any and all types of vehicles, boats or heavy
construction equipment, and all land upon which vehicles
111M
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traverse. the property as a function of the primary use, in-
eluding but not limited to drives, parking, service and dis-
®
play areas, shall be paved or stabilized.
17. Atomic Energy Uses
All atomic energy uses shall meet the standards established by
and have the approval of the Florida State Board of Realth and
the Atomic Energy Commission. in addition, such uses shall
require the approval of the City Council which shall act only
after receiving written recommendations from the City Engineer
and the Board of Adjustment.
®
18. Buildings Required
All commercial uses shall provide at least the minimum size
building required for the district in which the use is to be
located. Said building shall contain plumbing facilities ade-
®
quate to serve the needs of the customers and employees of the
commercial use.
19. Sidewalks Required
®
Construction of sidewalks shall. be required in conjunction with
the construction of any building on a property abutting a City
street. Construction of said sidewalks shall be completed prior
to the issuance of a certificate of occupancy and the costs of
®
construction shall be borne by the property owner. Construction
of sidewalks shall be in accordance with City specifications.
-109-
•••20. Location of 0usiness Licensed 6v the Florida 0everage
Oepartcert Controlled
A vendor licensed by the Florida Beverage Department shall not be
pen,d[ted to conduct 11s place of business in a location delineated
below; and no license shall be granted for said place of business.
a. Within three hundred (300) feet of any existing church,
school grounds, or play grounds.
b. Where a vendor licensed by the Florida Beverage Department
pennits on- premise cansumption of beverages, within two
thousand (2,000) feet of the front door of the place of
business of any other licensed vendor permitting on- premise
cons -ption of beverages.
c. Lxceptions to (a) and (b). Restaurants seating 200 or more,
hotels and motels with 50 or more guest rooms are exempt
from distance requirements specified above.
d. In applying distance requirements under this Section, the
specified distance shall be measured following the shortest
route of ordinary pedestrian travel along the public thorou!1h-
fare from the main entrance of said places of business to the
I ain entrance of the church or other place of business licensed
by the Florida Beverage Departnent. In the case of a school
or playground, the nearest property point shall be used.
21 . Restaurant or Cock tall LOUnges size and Sea tinn Co [rn11eJ In
IURO ng On- Pre_ise Lpnsumnti0n at- Li�L ora
fur on- pre'. °.ise consu,ption of liquors, restaurants or cocktail
lounges shall have a building area of two thousand (2,000)
s'luure feet and a seating capacity of one hundred (100) patrons.
• a:cnded 121511?
-110-
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MI. AO'IINISTRATI011 AND ENFORCEMENT - BUILDING PER141TS AIR) CERTIFICATES
OF OCCUPANCY
Admintst,'dtimi and Enforcebvrt
The Building Official, under the supervision of the City Hanger
or department head duly delegated and appointed by the C.ty Hanger,
shall administer and enforce this ordinance. Ile may be provided
with assistance of such other officers and employees of the City
as may be necessary to enforce the provisions of this ordinanco
are being violated, he shall notify in writing the person respon-
sible for such violations, indicating the nature of the violation
and ordering the action necessary to correct it. Ik shall order
discontinuance of illegal work being done; or shall take any ,,ther
action authorized by this ordinance to insure compliance with or
to prevent violation of its provisions.
Z. Building permits Pttq tred
a. Ito building or other structure shall be erected, moved,
added to, or structurally altered without a pernit there-
fore, issued by the Building Official. No building permit
shall be issued except in conformity with the provisions
of this ordinance, except after written order from the Board
of Adjustment in the fora of an adml nfstrative roview, special
exception, or variance as provided by this ordinance.
b. The issuance of a permit upon plans and specifications
shall not prevent the Building official from thereafter
regulrin9 the correction of errors in said plans and
,
specifications or preventing the buildinq operations
being carrloit on thereunder when in violation of this
ordinance, or any City ordinance.
•••3. 4JT1Ic11lon for buildinq permit
All applications for building permits for any structure and
its accessory buildings :hall be ....I panted by five cu..ips
of a structural drm: " at a scale accenWble to the buildinq
official, In duplicate, .hawing the following:
a. The actual diirensinns and shape of the lot or lots to be
built upon; including the location and actual boundaries
of said lots of any abuttluq watercourses and water hndies;
b. The exact dimensiens and locations on the lot Proposed and
'
existing buildings;
c. The dimensions of the proposed buildings or alterati nns;
d. The location and Iayout of the Proposed sewerage Sys to:.:;
e. The regui red pa rhinq spaces, loading and unloading ...aces;
maneuveriny space and openings for ingress and egress;
f, When applicable, ,trading and drainage nla ns .""wing an•:
and all cuts, Fills anA provisions for adquitc ly carrying
off surface water on prendses plus Provisions for any
Surface water which would naturally flow over or through
the area.
g. Such other inf —atinn as lawfully nay be reguirpd by the
buildinq Official, Includinr existinq or nnsnd building
•••Rs amended 12/5/72
-112-
or alteration; existing or proposed uses of the buildinq
and land; the number of families, housekeeping units, or
rental units the building is designed to accommodate;
conditions existing on the lot; and such other maters
as may be necessary to determine conformance with, and
,provide for the enforcement of, this ordinance.
All plans other than single and two - family residences shall be
reviewed by the following departments:
1. City Engineer
2., Building Department
3. Zoning. and Planning Board Chaiman
4. Beautification. Board Chalrman
•5. Florida Department of Ilatural Resources
-All phases calling for buildings located on the Atlantic Ocean
and Banana River are to be reviewed by this Department.
a. The Building Official shall transmit the copies to the
various city department heads, or chairmen of the various
boards involved, for their review and comment, within
twenty -four (24) hours of filing. The review by the
Building Department shall include, but not be limited
to the following areas: To insure that the size and
spacing of water mains and fire hydrants are adequate;
to ensure that an orderly and safe traffic flow is
permitted within the site; and that no traffic problems are
created by the proposed ingress and egress routes; and
that the plans provide adequate parking; and to ensure
that the plans comply with the Southern Standard Building
• As amended 12/5/72
-113-
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Code and all other applicable Codes and standards which
the City has enacted by Ordinance or Resolution.
b. The City Engineer shall review the plan to ensure that
Sanitary, Ora ina9e, Paving, Grading facilities are adequate,
and other review as may be requested by the Building Official.
c. The Zoning and PI annin9 Board Chairman shall review the
plan to see that it is in conformance with the Zoning Ordi-
nance.
d. The Beautification Board Chairman shall review the plan to
assure that required landscaping is provided for.
e. Hi th in two weeks from the time said plan Is received by
the various deparilnent heads and chalmen of the various
boards, they shall submit, In writing, to the Building
1
Uff is is 1, a report c- 11tinq on the factors relating to
the plan which bear upon the public Interest.
f. Based upon these reports, the Building Official shall
approve, approve subject to conditions, or disapprove
the plans. Upon approval, or approval subject to conditions,
an appropriate building permit shall be issued.
U. Three copies of the plans shall be returned to the applicant
by the Building Official, after he shall have marked such
copl es either as approve) or disapproved, and attested same
by his signature on such copy. The original copy and one
additional copy of the plan, similarly marked, shall be
re to l led by the Building Official.
M
® h. In the event any of the above department heads or board
e chal rnen are not available to review said plans, the City
Nana9er• shall have [he authority to review plans in their
® behalf and suGni[ the required report, or otherwise dele-
gate said authority to review, as he may deem adequate.
4. Certificate of Occuoancv Required
no land or building or part thereof hereafter erected or altered
In its use or structure shall be used until the Building Official
""11 "ave issued a certificate of occupancy stating that such
land, building, or part thereof, and the proposed use thereof
are found to be in conformity with the provis tons of this
ordinance. Ntthin three (3) days after notificattPff that a
building qr prend ses, orpart thereof, is ready for occupancy
or use, it shall he the duty o! the Building Official to make
a final inspection thereof and to issue a certificate of occupancy
if the land, building or part thereof and the proposed use thereof
are found to conform with the provisions of this ordinance, or,
if issuance of such certificate is refused, to state such refusal
in writing with the cause. A temporary . certificate of occupancy
may be issued by the Building Official for a period not exceeding
six months during alterations or partial occupancy of a building
® pendtn9 its completion, provided that such temporary certificate
may require such conditions and safeguards as will Protect the
safety of the occupants and the public.
-115-
5. Expiration of Building Permit
If the work described in any building permit has not begun
within 90 days from the date of issuance thereof, said permit
shall expire; it shall be cancelled by the Building Official
and written notice thereof shall be given to the nersons
affected.
If the work aescribed in any building permit has not been
completed within one year of the Issuance thereof, said
permit shall expire and be cancelled by the Building Official
and written notice thereof shall be given to the persons
affected, together with notice that further work as described
in the cancelled pemit shall not proceed unless and until a
new building pemit has been obtained.
6. Construction and Use to be as .Provided in App lications. Plans.
Permits, and Certificates of Occupancy
Bulldin9 " Permit or certificates of occupancy issued on
the basis of plans and applications approved by the Building
Official authorize the use, arrangement, and construction only
as described in said plans and aVUliwtlons. Use, arrangement,
or construction at variance with that authorized shall be deemed
a violation of this ordinance.
-11G-
® %IV. BOARD OF ADdUSTMEIIT: ESTABLISHMENT AND PROCEDURE
e ••A Board of Adjustment is hereby established, which shall consist of
five members appointed by City Council. In addition, the Chal man of
the Zoning and Planning Board or his due representative shall be an
ex- officio member of the Board of Adjustment.
..As amended 11/14/72.
-117 _
1. Proceedings of the Board of Adjustment
The Board of Adjustment shall adopt rules necessary to the
®
conduct of its affairs, and In keeping with the provisions
of this ordinance. Meetings shall be held at the call of
ethe
chairman and at such other times as a majority of the
Ooard of Adjustment may determine. The chairman, or in his
the
ahsence the acting chaiman. may administer oaths and compel
the of witnesses. All meetings shall be open to
the public.
The Board of Adjustment shall keep minutes of Its proceedings,
showing the vote of each member upon each question, or if
®
absent or failing to vote, indicating such fact, and shall
keep records of its examinations and other official actions,
all of which shall be a public record and be immediately filed
In the office ofthe City Clerk for the Board of Adjustment.
..As amended 11/14/72.
-117 _
AV. BOARD OF ADJUSTMENT: POWERS ACID DUTIES
The Board of Adjustment shall have the following powers and duties:
1. Administrative Review
To hear and decide appeals where it Is alleged there is error
in any order, requirement, decision, or determination made by
the Building Official in the enforcement of this ordinance.
a. Hearings; Appeals; Notice - Appeals to the Board of
Adjustment may be taken by any person aggrieved or by
any officer or bureau of the governing body of the City
affected by any decision of the Building Official in the
interpretation of any portion of these regulations. Such
appeals shall be taken within a reasonable time not to
exceed sixty (b0) days of the date of said decision, or
such lesser period as niay be provided by the rules of
the Board of Adjustment, by filing with the Building Official
and with the board of Adjustment a notice of appeal speci-
fying the grounds therefor. The Buildino Official shall
forthwith transmit to the Board of Adjustment all papers
constituting the record upon which the action appealed
from was taken.
The Board of Adjustment shall fix a reasonable time for
hearing of the appeal, give public notice thereof at
least 15 days in advance of public hearing as well as due
-118-
1
-119-
notice to the parties in interest, and decide the same
within a reasonable time. At the hearing any party may
appear in person or by agent or attorney.
b. Stay of Proceeding - An appeal stays all proceedings in
furtherance of the action appealed from, unless the
Building Official from whdn the appeal is taken certifies
to tha Board of Adjustment after the notice of appeal is
filed with him, that by reason of facts stated in the
certificate, a stay would, In his uoinion, cause i,ntnent
'aril to life and property. In such case proceedings
®
shall not be stayed other than by a restraining order
which may be granted by the Board of Adjustment or by a
Court of Bacord on application, an notice to the admini-
strative officl al charged with the enforcement of this
act and from whom the appeal is taken and on due cause
shown..
2. Sfecial Excstions. Conditions Governino Applications; Procedures
To hear and decide only such special exceptions as the Board of
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Adjustment is specifically authorized to pass on by the terms .
of this ordinance; to decide such questions as are involved In
determining whether special exceptions should be granted; and to
grant •pedal exceptions with such conditions and safeguards as
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are appropriate under this ordl,oc. or other applicable ordi-
nances; or to deny special exceptions when not in harmony with
-119-
the purpose and Intent of this ordinance, A sped al exception
shall not be granted by the Board of Adjustment unless and until:
a. A written application for a special exception is submitted
in 'cat' the section of this ordinance under which the
special exception is sought and stating the grounds on
which the special exception is sought and stating the
grounds on which it Is requested.
b. All proposed special exceptions shall be submitted to the
Zoning and planning Board for study and written reco:nnen-
dation. The Board of Adjustment shall consider the rec-
mmendation of the Zoning and planning Board as part of
the official record when hearing an application for a
e
special exception.
c. BOtice shall be given at least fifteen (15) days in
advance of public hearing. The owner of the property .
for which special exception is sought or his agent shall
be notlfled by certified mail. Notice of such hearing
shall be posted oe the property for which sPeclal ex-
ception is sought, at the City (tall, and shall be pub-
lished in a newspaper of regular circulation within the City
of Cape Canaveral.
d. A courtesy notice may be mailed to the property owners
of record within a radius of 500 feet, provided, however,
that failure to mail or receive such courtesy notice
shall not affect any action or proceedings taken herennder.
e
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e. Any party may appear in person, or hu represented by an
attorney at the public hearing; the Board of Adjustment
shall make such findings as it is empowered under the
various sections of this ordinance but in no case shall
grant a special exception that to any way adversely
affects the public interest.
Before any special exception shall be issued, the Board of Ad-
justment shall make written findings certifying compliance
with the specific rules governing individual special excepti- ,
and that satisfactory provision and arrangement has been made
concerning the following, where applicable:
a. Ingress and egress to property and proposed structures
thereon with particular reference to autonmtive and
pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe.
b. Off- street parking and loading areas where reguirod,
with particular attention to the items in (a) above,
and economic, noise, glare, or odor effects of the
special exception on adjoining properties and properties
generally in the district.
c. Refuse and service areas, with particular reference to
the items in (a) and (b) above.
d. Utilities, with reference to locations, availability,
and compatibility.
e. Screening and buffering with reference to type, dimen-
sions, and character.
f. Signs, if any, and proposed exterior lighting with
reference to glare, traffic safety, economic effect,
and compatibility and harmony with properties in the
district.
g. Required yards and other open space.
I. He fig ht.
1. Landscaping
J. Renewal and /or termination dates.
K. That the use will be reasonably comeatible with
surrounding uses in its function, Its hours of oper-
ation, the type and amount of traffic to be gener-
ated, and building size and setbacks, its relation-
ship to lard values, and other factors that may ue
used to measure compatibility.
In granting any sperial exception, the Board of Adjust-
ment may prescribe appropriate conditions and safe-
guards in conformity with this ordinance. Violation
of such conditions and safeguards, when made a part of
the te-s under which the special exception is granted,
shall be deemed to be a violation of this ordinance
and punishable as provided by this ordinance.
3. Varidncesl Conditions Lovernlnn AUplica[tons: Procedures
To authorize upon appeal in specific cases such variance
from the tends of this ordinance as will not be contrary
to the public Interest where, owing to special conditions
Irm
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>'
a literal enforcement of the provisions of this ordinance
would result in unnecessary hardship.. A variance from
the terns of this ordinance shall not be granted by the
Board of Adjus Mont unless and until:
a. A written application for a variance is submitted
denonstrating:
(I) That special conditions and circumstances
exist which are peculiar to the land,
structure or building involved and which
are not applicable to other lands,
®
buildings or structure: in the same dis-
trlct.
(2) That literal interpretation of the pro-
.
visions of this ordinance would deprive
the applicant of rights connonly enjoyed
by other properties in the same district
®
under the terms of this ordinance.
(7) That the special conditions and circum-
®
stances referred to In (1) above, do not
result from the actions of the applicant.
(4) That granting the variance requested will
no confer on the applicant any special
privilege that 15 denied by this ordinance
to other lands, structures or dwellings in
the same district.
No non conforming use of neighboring lands, structures
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4
or buildings in the same district, and no permitted use
of land, structures or buildings in other districts shall
be considered grounds for the issuance of a variance.
b. A11 proposed variances shall be submitted to the Zoning
and Planning Board for study and written recommendation
prior to submittal to the Board of Adjustment. The
Board of Adjustment shall consider the recpnmendatlon
Planning Board as part of the official
of the Zoning and
record when hearing an application for a variance.
hearing shall be given as specified for
c. Notice of public
special exceptions.
d. A courtesy notice may be mailed to the property owners of
record within a radius of 500 feet, provided, however,
that failure to mail or receive such courtesy notice shall
not affect any action or proceedings taken hereunder.
e. Any party may appear In Person, or be represented by an
agent or by attorney at the public hearing.
I. The Board of Adjustment shall make findings that the require-
ments of 7 -a (above) have been met by the apPlicant
for a variance.
q. The Board of Adjustment shall further make a finding
in the application justify
that the reasons set forth
the granting of the variance, and that the variance is
the minimwn variance that will nial:e possible the reas-
onable use of the land, building or structure.
finding
h. The Board of Adjustment shall further make a
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that the granting of the variance w111 be in harmony
with the general. purpose and Intent of this ordinance,
will not be Ira to the neighborhood, or otherwise
detrimental to the public welfare.
In granting any variance, the Board of Adjustment may prescribe
appropriate tondltions and safeguards 1n conformity with this
ordinance. Violation of such condI bons and safeguards, when
made a part of the terms under which the variance is granted,
shall be deemed a violation of this ordinance and punishable
as provided by this ordinance. Under no circumstances shall
the Board of Adjustment grant a variance to permit a use not
generally or by special exception permitted in the district
involved, or any use expressly or by Implication prohibited
by the terms of this ordinance.
®
4. 4211 Cants
All hearings for Specia' Exceptions or Variances before the
Board of Adjustment shall be initiated by (1). the owner or
owners of at least seventy -five (75) percent of the property
described in the application; (2) tenant or tenants, with
owners sworn to consonU (3) duly authorized agents evi-
denced by a written power of attorney; (4) City Council;
(5) Zoning and Planning Board; (6) and department or agency
of the City.
I
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S. Decisions of the Board of AdJustment
In exercising any of the above listed powers, the Board of
Adjustment may, so long as the action is In conformity with
the terms of this ordinance, reverse or affirm wholly or
partly, or may modify the order, requirement, decision or
determination appealed from and may make such order, require-
ment, decision or determination as should be made, and to that
end shall have all of the powers of the Building Official from
whom the appeal was taken.--The concurring vote of four members
of the Board of Adjustment shall be necessary to reverse any
order, requirement, decision or determination of the Building
Official, or to decide in favor of the applicant on any matter
upon which it is required to pass under this ordinance. or to
effect any variation in the application of this ordinance.
Reference: Section 176.15, Florida Statutes.
*
*As amended 11/14/72
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B
%y 1. APPEALS FROM THE BOARD OF AOJUSTMERT
• •Any person or Persons. Jointly or severally, aggrieved by any decision
of the Board of Adjustment, or any taxpayer, or any officer, depart-
. ment, board or bureau of the governing body of said municipality, may
present to a circuit court a petition for issuance of a Writ of Cer-
tiorari, duly verified, setting forth that such decision Is Illegal,
® in whole or in part, specifying the grounds of the Illegality in the
manner and within the time provided by the Florida Appellate rules.
Reference: Section 176.16, Florida Statutes.
®--As amended 11 /14/72
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%VII. DUTIES OF BUILD114G OFFICIAL, BOARD OF ADJUSTMENT, CITY COUACIL
Oil MATTERS OF APPEAL
It is the intent of this ordinance that all questions of inter.
pretation and enforcement shall be first presented to the Buildinq
Official, and that such questions shall be presented to the Board
of Adjustment only an appeal from the decision of the Building
Official, and that recourse from the decisions of the Board
of Adjustment shall be to the courts as provided by law and par.
ticularly by Chapter 176, Florida Statutes. It is further the
intent of this ordinance that the duties of the City Council in
connection with this ordinance shall not include hearing and
deciding questions of interpretation and enforcement that may
arise. The procedure for deciding such questions shall be as
stated In this section and this ordinance. Under this ordinance
the City Council shall have only the duties (1) of considprinq
and adopting or rejecting proposed amendments or the repeal
of this ordinance, as provided by law, and (2) of establishing
a schedule of fees and charges.
mama
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XVI11. AMENDMENTS
The regulations, restrictions and boundaries set forth in this ordi-
nance may, fron time to time, be Amended, supplemented, changed or
repealed in the manner prescribed by law.
1. Procedure
a. A district boundary change may be initiated by (1) the
owner or owners of at least seventy -five percent of
the property described in the application; (2) tenant
or tenants, with owners- sworn -to consent; (3) duly
authorized agents evidenced by a written power of
attorney; (4) City Council; (5) Zoning and Planning
Board; (6) any Department. or Agency of the City.
Any amendment to this ordinance other than a district
boundary change may he proposed by (1) City Council;
(2) Zoning and Planning Board; (3) any Department
or Agency of the City; (4) any individual, corporation
or agency.
b. All proposed amendments shall be submitted to the Zoning
and Planning Board for study and recoomendation. The
Zoning and Planning Board shall study such proposals to
determine: (1) the need and justification for the change;
(2) when pertaining to the rezoning of land, the effect
of the change, if any, an the particular, property and on
surrounding properties; (3) when pertaining to the rezoning
6m
of land, the amount of undeveloped lam in the general area
and in the City having the same classification as that
requested; and (4) the relationship of the proposed
e
amendment to the purpose of the City's plan for develop-
ment, with appropriate consideration as to whether the
proposed change will further the purposes of this ordi-
nance and the plan.
c. The Zoning and Planning Board shall submit the request
for change or amendment to the City Council with written
reasons for its recor•nenJalion.
d. Ho rec— lendation for change or amendment may be considered
by the City council until due public notice has been given
Of a public hearing. Public notice of the hearing shall
be given at least 15 days in advance of the hearing by the
publication in a newspaper of regular and general circu-
lation in the city of Cape Canaveral and notice shall be
posted at the City Ilall.
e. A courtesy notice may be mailed to the property owners of
record within a radius of 500 feet, provided, however. that
failure to mail or receive such courtesy notice shall not
affect any action or proceedings taken hereunder
I. Who n any proposed change of a zoning district boundary
Iles within 500 feet of the boundary of an incorporated
or unincorporated are notice may be forwarded to the Plan-
ning Board or governing body of such incorporated or un-
incorporated areas in order to qive such body an
S
opportunity to appear aC the hearing and ex press it, .
opinion on the effect of said district boundary change.
g. When the City Council proposes a change in zoning classi-
fication of a single parcel or a group of not more than
five hundred (500) parcels of any property within its
jurisdiction, It shall be the duty of said Council to
give notice by mail to each property owner whose zoning
cl asslf lcati on is proposed to be changed. Such notice
®
shall be malled to the owner's current address of record,
as maintained by the assessor of taxes for the juris-
®
diction proposing the change. The notice shall contain
the legal description of the affected property, the
existing zoning classification, the proposed zoning
Oclassification,
and the time and place of any scheduled
hearing concerning the proposed zoning change. Prior
eto
the effective date . of any zoning classification change,
the City Council shall cause an affidavit to be filed
with the City Clerk certifying that said Council has
complied with the provisinns of this sectinn. The filing
of said affidavit shall be prima facie proof of compli-
ance with the requirements of this becti— A failure
to give notice shall not affect the validity of zoning
except as to the property of the complaining owner.
2. Limitations
No proposal for zoning change or amendment affecting particular
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property or properties shall contain conditions, limitations,
or requirements not applicable to all other property in the
t
district to which the particular property is proposed to be
rezoned.
3. Reconsideration of District Boundary Chances
When a proposed change in district boundaries has been acted
upon by the City Council and disapproved or failed to Puss,
such proposed change, in the same or substantially 51m11ur
fom, shall not be reconsidered by tile. City ounc it for a
period of two years. Such restrtctlon shall not apply to
the
the property owner If the original request was initiated
by the City Council, and Planning Board, or any
department or agency of the City, nor shall it apply to
the City Council, Zoning and Planning Board, or any depart-
ment or agency of the City.
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XIX. SCHEOOLE OF FEES, CHARGES AND EXPENSES
The following fees and charges in connection with matters pertinent
® to zoning petitions, special exceptions, variances, and appeals
are established:
Application for rezoning $100.00
Application for a special
exception or variance S 75.00.
® Appeal of administrative
decision $ 25.00
No permit or certificate shall . be issued and no inspection, public
notice or other action relative to zoning, petitions for changes
in zoning, or appeals, shall be instituted until after such fees,
costs and charges have been paid. Bhen, in accordance with the
provisions of this section, a fee is paid and application is filed
there shall be no return or rebate of any funds so received, re-
gardless of the City's determination In the matter involved. All
fees, costs and charges shall be, upon collection, deposite; in
the general fund of the City..
-133-
x%. PROVISIONS OF OROIIINICES OECLRREO TO BE MINIMUM REQUIREMENTS I
In their interpretation and application, the provisions of this
ordinance shall be held to be minimum requirements, adopted for
the protection of the public health, safety, morals and general
welfare. Whenever the requirements of this ordinance are at
variance with the requirements of any other lawfully adopted
rules, regulations, ordinances, deed restrictions or covenants
the most restrictive or that imposing the higher standards, shall
govern.
174-
®
COMPLA IBIS REGARDING VIOLATIONS
Whenever a violation of this ordinance occurs, or is alleged
to have occurred, any person may file a complaint. Such
complaint stating fully the causes and basis thereof shall be
filed with the Building Official. lie shall record properly
such complaint, immediately investigate, and take action thereon
as provided by this ordinance.
O .135.
% %11. PEIIALTIES FOR VIOLATION
Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with, or who resists
the enforcment of any of the provisions of this ordinance,
shall be fined not more than five hundred dollars ($500.00) or
shall be imprisiuned in the City Jail for not more than thirty
days (30) or both in the discretion of the Municipal Court.
Each day that a violation is permitted to exist after notice
shall constitute a separate offense.
136-
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%%III. SEPARABILITY CLAUSE
Should any section or provision of this ordinance be declared by
the courts to be unconstitutional or invalid, such decision shall
® not affect the validity of the ordinance as a whole, or any part
thereof other than the part so declared to be unconstitutional
or invalid.
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i
IIKIV. OLF III IT 10115
For the purposes of this ordinance, certain terms or words used
herein shall be interpreted as follows:
The word ep rson includes a firm, association, organization, part-
nership, trust, campany, or corporation as well as an individual.
The oresent tense includes the future tense, the singular number
includes the plural, and the plural number Includes the singular.
The word shall is mandatary; the word my_ Is permissive.
The wards used or occupied include the words Intended, designed,
or arranged to be used or occupied.
The word let includes the words plat or parcel.
1. Accessory Use - A use or structure on the same lot with,
and of a nature customarily incidental and subordinate to
the principal use or structure.
2. Alcoholic Oeverage - As defined by section 561.01 (7), Florida
Statutes.
for
3. Altcy_ - Any public or private right -of -way set aside
secondary public travel and servicing which is less than
thirty (30) feet in width.
4. Aparunent - See Dwelling, Multiple Family
5. M1par ume"t 11-to I - A building designed for or containing both
apartments and individual guest rooms or rental units, under
resident supervlsien and which maintains an inner lobby
through which all tenants must pass to gain access to apart -
rents, rooms or units.
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6. Automotive Vehicle - Any self - propelled vehicle or conveyance
®
designed and used for the purpose of transporting or moving
persons, animals, freight, merchandise or any substance. The
phrase shall include passenger cars, trucks,..buses, motorcycles,
scooters and station waggns, but shall not Include tractors,
construction equipment or machinery or any device used for per-
®
fomaing a Job except as stated above.
7. Awning - A detachable, rooflike cover, supported by the walls
®
of a building for protection from sun or weather,
B. Automotive Repair Facilities - This term shall include all
mechanical engine overhaul or repair, and body .work and
pal ntin9 of aItanotIso v01 les.
'House--
®
9. Boarding See Rooming House.
10. Buildable Area - The portion of a lot remaining after
required yards have been provided.
11. Building Official -The official charged with the administration
eand
enforcement of this ordinance as provided for in Section
AIII. „
®
12. Building or Structure - Any structure constructed or used for
residence, business, industry or other public or private
purposes or accessory thereto, including tents, lunch wagons,
dining cars, trailers, mobile homes, sheds, garages, carports,
®
animal kennel, structures of ali types, storerooms, billboards,
signs, gasoline pumps and similar structures whether stationary
or movable.
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13. Campe Truck Mounted) - A portable structure designed to
be mounted an a truck or similar type vehicle for the
purpose of converting said vehicle into a movable living
unit and custonartly used for recreational or camping use.
14. Camper Trailer - A movable living unit or similar portable
structura having no other foundatlon other than wheels, jacks
or blacks, designed to be moved from one location to another
by passenger auto*•obile, may be collapsible and custo,arily
used for recreational and camping pursuits, not in excess of
fourteen feet in length.
15. Clinic - An establishment where patients are not lodged
,
overnight, but are aljitted for examination and treatment
by a group of physicicans or dentists practicing medicine
together. The term does not include a place for the treatment
of animals.
16. Common ripen Space - A parcel, parcels or area of land or
land and water, other than a dedicated canal, ulthin the
site zoned for townhouse residential or used for planned
unit development and designed and intended for the use or
enjoyment of residents living within the zone nr development
area. Cannon open space may contain such —plementary
structures and improvements as are necessary and appropriate
for the benefit and enjoyment of the said residents.
17. Convalescent 11-10 - A building where regular nursing care is
provided for more than one person not a rye <her of the family
which resides on the premises.
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18. Court - An unoccupied open space on the same lot with the
principal hulidl ng and enclosed onat least three adjacent .
sides by walk of the principal building.
19. Courtesy Notice - A notice of a public hearing, not required
by law, mailed at the City's discretion to property owners.
within 500 feet of property subject of said public hearing.
20. Development Plan - A Development Plan Is the total site
plan of a Planned Unit Development. Said Development Plan
shall specify and clearly illustrate the location, relation -
ship. design, nature and character of all primary and secon-
day uses, public and private easements, structures, parkinq
areas, public and private roads, and cmmon open space.
21. Development Schedule - Develop ent Schedule is a comprehensive
statement shoring the type and extent of development to be
completed within the various practicable time limits and the
order in which development is to be undertaken.. A Develotrment
Schedule shall contain an exact description of the specific
buildings, facilities, common open space, and other improvements
to be developed at the end of each time period.
22. Drive -in Restaurant or Refreshment Stand - Any place or premises
used for sale, dispensing, or serving of food, refreshments, or
beverages in automobiles, including those establishments where
customers may serve themselves and may eat or drink the food,
refreshments, or beverages on the premises.
23. Dwelling, Single Family - A detached residential dwelling unit
other than a mobile hone, designed for and occupied by one
family only. -141-
24. LA i11 Mobile Home - A detached residential dwelling unit
over eight (U) feet in width, designed for transpartation,
after fabrication, on streets or highways on its own wheels
or on flatted or other trailers, and arriving at the sl to
where it Is to be occupied as a dwelling unit complete and
ready for occupancy except for minor and incidental unpacking
and assembly operations, location on Jacks or other temporary
or po ranent foundations, connections to utilities, and the
like. A travel trailer nor a mobile camper is to he can -
sldered as a mobile here.
25. Grelllnn, Two Family - A detached residential building con-
taining two dwelling units, designed for occupancy by not
more than two families.
26. larelling, Multiple Fondly - A residential building designed
for or occupied by three or more families, with the number
of families 1n residence not exceeding the number of dwelling
units provided.
27. pwelltnn Unit or Living Uuft - One room, or rooms connected
together, constituting a separate, independent housekeeping
establishment for owner occupancy, or rental or lease on a
weekly, monthly, or longer basis, and physically separated
from any other rooms or dwelling units which may be In the
same structure, and containing independent cooking and sleeping
facil ilfes.
28. faintly - An individual or a group of persons related to each
ether by blood or marriage or a group of not more than four
IM
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r
Persons who are not necessarily so related, living together
under one roof as a single household unit.
®
29. fence - A structure forming a physical barrier which is so
constructed that no less than 50 percent of the vertical
surface 1s open to permit the transmission of light, air,
and vision through such surface in a horizontal plane.
®
30. Final Application - F1na 1. Application for approval of the Final
Development Plan and far approval of the required exhibits
as specified in this Ordinance.
31. Final Development Plan - Final Development Plan is the Develop-
sment
Plan approved by the Council and recorded with the Clerk
of the Circuit Court of Orevard County according to the provisions
of this Ordinance.
32. Floor Area - The sum of the gross horizontal areas of the
- ,
several floors of a buildln9 or buildings, measured from the
ex tenor faces of exterior walls or from the centerline of
walls separating two attached buildings. The required minimum
®
floor area within each district shall not apply to accessory
uses; however, the floor area may be computed as a part of
the area of the principal use.
von
33. Floor Area Ratio - The floor area of the building or buildings
any lot divided by the area of the lot.
34. Guest House - Living quarters within a detached accessory
building located on the same lot with the main building for
use by temporary guests of the occupants of the premises,
-143-
such quarters having no kitchen facilities or separate utility
meters and not rented or otherwise used as a separate dwelling.
35. fledge - A row of bushes or small trees planted close together
In such a manner as to form a boundary or barrier.
36. Haight of Building - the vertical distance from the established
average sidewalk or street grade or finished grade at the
building line, whichever is the highest, to (a) the highest
■
point of a flat roof; (b) the deck line of a mansard roof;
(c) the average height between the eaves and ridge for gable,
hip and gambrel roofs.
37. Home Occupation - Any occupation conducted entirely within a
dwelling unit and carried on by an occupant thereof, which
occupation is clearly incidental and secondary to the use of
the dwelling for dwelling purposes and does not change the
residential character thereof.
38. Hospital - A building or group of buildings, having room facili-
ties for one or more overnight patients, used for providing ser-
vices for the in- patient medical or surgical care of sick or
Injured humans, and which may include related facilities such
as laboratories, out - patient departments, training facilities,
central service facilities, and staff offices; provided, however
that such related facility must be incidental and subordinate
to the main use and must be an integral part of the hospital
operations.
39. hotel - A building in which lodging, or boarding and lodging,
Is provided and offered to the public for c-pensation, and
in which ingress and egress to and from all rooms are made
-144-
through an inside lobby or office supervised by a person in
charge at all times. As such, a hotel . is open to the public,
In contradistinction to a boarding or lodging house, apart-
ment hotel or multiple dwelling.
40. Landscape Buffer - that portion of the building setback area
which is located along property lines adjacent to streets
®
or abutting lots and which in its entirety contains landscaping.
41. Landscaping - The arrangement of vegetation such as trees,
■
bushes and grass, together with other suitable materials in
cemplementary fashion over a tract of land for aesthetic
effect.
42. Living Area - The minimum floor area of dwelling as measured
■
6y its outside dimensions exclusive of carports, porches,
sheds, and attached garage.
43. Leading 5nace. Off - Street -Space logically . and conveniently
located for bulk pickups and deliveries, scaled to delivery
vehicles expected to be used, and accessible to such vehicles
when required off - street parking spaces are filled. Required
off - Street toadin9 space Is not to be Included as off - street
parking space in computation of required off- street parking
®
space.
44. Lodging [louse - same as Roaring (louse.
45. for purpgses of this ordinance, a lot Is a parcel of
e
land of at least sufficient size to meet minimum zoning
requirements for use, coverage, and area, and to provide sgch
-145-
C
yards and other open spaces as are herein required. Such
lot shall have frontage on an improved public street, or on
an approved private street, and may consist of:
'
a. A single lot of record;
b. A portion of a lot of record;
c, A combination of complete lots or record, of complete
lots of record and portions of lots of record, or of
portions of lots of record;
d. A parcel of land described by metes and bounds; provided
that in no case of division or combination shall any resi-
e
dual lot or parcel be created which does not meet the re-
quirements of this ordinance.
46. Lot_ Corner - A lot located at the intersection of two or
more streets. A lot abutting on a curved street or streets
shall be considered a corner lot if straight lines drawn from
the foremost points of the side lot lines to the foremost point
of the at meet at an interior angle of less than 135 degrees.
41. Lot Dimensions -
(a) De_th - of a lot shall be considered to be the distance
between the midpoints of straight lines connecting the
foremost points of the side lot lines In front and the
rearmost points of the side lot lines in the rear.
(b) ij - of a lot shall be considered to be the distance
between straight lines connecting front and rear of the
required front yard, provided however, that width between
side lot lines at their foremost points (where they inter-
sect with the street Imes) shall not be less than 80 per-
cent of the required lot width encept In the case of lots
turning circle u an
ie
qul
o u remenI. shall not triply; provided, however, that all
®
lots shall have a ndtdimnn of 25 feet facing a street.
48. Lots rrontane - The front of a lot shall be construed to be
the portion nearest the street. For the purpose of deterndn-
ing yard requirements on corner and through lots, all yards
of a lot adjacent to a street shall be considered frontage.
49. Lot, Interior - A lot other than a corner lot with only one
frontage on a street.
®
50. Lot Line - The boundary line of a lot.
51. .Lot of Record - A lot whose existence, location and dimension
®
have been legally recorded or registered in a deed or on a
plat prior to the effective d:tc of this ordinance.
age
52. Lot, Reversed Frontage - A lot on which the frontage is at
right angles or approximately right angles (interior angle
®
less than 135 degrees) to the general pattern In the area.
A reversed frontage lot may also be a corner lot, an interior
®
lot or through lot.
53. Lot T, hroulh -.A lot other than a corner lot with frontage
on more than one street. Through lots abutting two streets
may be referred to as a double frontage lot.
54. Major Recreational Egui nnent - Boats and boat trailers, travel
trailers, pickup campers or coaches (designed to be mounted
an automotive vehicles), motorized dwellings, tent trailers.
and the like, and cases or boxes used for transporting recrea-
e
tional equipment, whether occupied by such equipment or not.
55. Marina - A place for docking boats or providing services to
boats and the occupants thereof, Including servicing and renair
to boats, sale of fuel and supplies, and provision of food,
beverages, and entertainment as accessory uses. A yacht club
-147-
shall be considered as a marina, but a hotel, motel, or similar
use, where docking of boats and provision of services thereto,
Is incidental to other activities shall not be considered as
a marina, nor boat docks accessory to a multiple family dwel-
ling where no boat - related services are rendered.
56. Hotel - A building in which lodginq, or boarding and lodging,
are provided and offered to the public for compensation. As
such, it is open to the public in contradistinction to a board-
ing or lodging house, or a multiple family dwelling; sane as
a hotel, encept that the buildings are usually des lgned to serve
tourists traveling by automobile, Ingress to ronvs need not be
through a lobby or office, and parking usually Is adjacent to
the dwelling unit.
57. Ile for Travel Home - A self - propelled vehicle containing livinq
facilities and customarily used for camping or recreational uses.
58. Not Residential Acre - the horizontal acreage of a lot or lots
devoted exclusively to residential uses and their appurtenant
accessory uses. Such area shall include the building site,
recreation areas, open space, swimming pools, parking, drives,
setback areas and the like. Net residential acreage Joes [
Include areas used for non - residential purposes, streets, wanoter-
ways, offices, golf courses, or any other use not developed for
the e•clusive use of the property's residents.
59. tlon- Conformity - Any lot, use of lanJ, use of structure, use
of structure and premises or characteristics of any use which
was lawful at the time of enactr.ent of this ordinance but which
does not conform with the provisions of the district In which
�M *M
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60. Occupied - The use of a structure or land for any puranse
including occupancy for residential, business, industrial,
manufacturing, storage, and public use.
61. Open Space Area - That area of the lot which is to be left
open for free circulation of air and which provides an area
for recreational and /or leisure pursuits. flat to be. included
as part of open space area: building setbacks, bluff -line
setback, area occupied by all building structures, parking
area, roads and drives. Recreational areas may be included.
.Swimming pools may be Included in the calculation of minimum
open space.
62, Patio - See paragraph 83 Terrace.
63,. Parking Space. Off- Street - For the purposes of this ordinance
the term "off- street parking space" shall consist of a. minimum
paved area of 200 square feet with minimum dimensions of 10 feet
by 20 feet for parking an automobile, exclusive of access drives
or aisles thereto.
64, Planned Unit Development - Planned Unit Development is an area
of land developed as a single entity, or in approved stages in
conformity with a Final Development Plan by a Developer or group.
of Developers acting Jointly, which Is totally planned to provide
for a variety of residential and compatible uses and common open
' space.
bb. Preliminary Application - Preliminary Application is the appli-
cation for approval of the use of a site as a Planned Unit De-
velopment special exception and for approval of the required
exhibits as specified in this Ordinance.
-As amended 317/72 -149
66. Preliminary Develowent Plan - Preliminary Development Plan is
the development plan approved by the Council and filed with the
City Clerk In conjuntion with approval by the City of a Planned
Unit Development special exception.
67. Principal Use or Structures - A building in which is conducted
the principal use of the lot on which it is situated. I a
residence district any dwelling shall be deemed to be the grin-
cipal building an the lot on which the same is situated. An
attached carport, shed, garage, or any other structure with
one or more walls or a part of one will being a part of the
principal building and structurally dependent, totally or In
part, on the principal huitding, shall enmmrise a hart of the
on nc IPal but lding and and be subject to all regulations aPOlfed
to the principal building. A detached and structurally inde-
pendent carport, garage, or other structure shall conform to
the regulremmnts of an accessory building. A detached and
structurally independent garage, carport, or other structure
cnnfonni ng as an accessory building may be attached to the
principal buildinn by an Iran breezeway not tp exceed six (6)
fact in width. A connecting breezeway in excess of six (6)
feet and enclosed an one or both sides, including Inuvers,
lattice or screening, shall cause the entire structure to be
construed as the principal building and shall be subject to the
regulations applicable to the nrincipal building.
68. Public Ilse - An, use of land or structures owned and aneraled
by a "alciPallty, count', state or the federal onvernment or
env agency thereof and for a public service or purpose.
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-150- 1
69. Regulred Yard - the one" and unencumbered spacereguireA tnl:-
between any lot line and the nearest Dart of a Principal
building, 'See Yard.
70. Resideollal 'District - The R -1. R -2, or R -3 District.
71. Restaurant - Any building or structure or portion thereof,
in which food is prepared and served for nay to any Person
®
not residing on the prmdses.
72. RP_nins, liouse - A building other than an apartment hotel,
hotel, orirotel or motor lodge where. for compensation and
prearrangement for definite periods, lodging, meals, or
lodging and vials are nrovided for three or more persnns
but not e.ceeding 20 ...sons.
®
73. Service Station - 0ulldings and premises where gasoline, oil,
grease, batteries, tires; and automobile accessories may be
e
supplied and dispensed at retail, and where in addition the
ll
foowing services may be rendered and sales made, and no
other:
®I.
Sale and servicing of spark Plugs, batteries, and dis-
tributoI parts;
b. Tire sery IcIno and re pal r, but not recanoIn9 or regron, irvr„
c. Replacement of rvfflers and tail pipes, water hose, fan
belts, brake fluid, light bulbs, fuses, floor mats, scat
covers, windshield wipers and wiper blades; grease re-
etamers,
wheel boarings, mirrors, and the like;
d.. Nadlator cleaning and flushing;
®
P. Hashing and poi ish log, and sale of automotive washinn
and Polishing materials
-151-
f. Greasing and lubrication;
g. providing and repalring, fuel pumps and lines;
h. lunar servicioq and repair of carburetors;
1. Cr•,ergency wiring repairs;
j. Adjusting and repairing brakes;
k. Minor motor adjustments not involving r-oval of the
head or crankcase or racing the motor;
1. Sale of cold drinks, package foods, tobacco, and similar
convenience goods for service station customers, as
accessory and incidental to principal opera lion;
m, provis inn of road snaps and nther infomlatinnaI material
to custo -rs, provision of restroon facilities;
n. Tile .rental of •roving or travel trailers.
Us, permissible at a service station to net include
major mechanical and body work., stral,htening of bpd,
parts, paintinq, welding, storage of auto-vhiles no[ In
operating condition, or other worl: invnlvi nq noise, glare,
fuses, smoke, or other characteristics to an -tent greater
than on-III, found in service sta lions. A service stati nn
Is not a inajer repair garage nor a body shop.
74. sign - any device to inforl or attract use attention ,f persons
not on the premises on whlch the sign is located, 1, rev l dpd
however, that tine following shall not be included In the appli-
cation of the rcqulations hereon:
-157-
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a. Signs not exceeding one square feet in area and bearing
only property numbers, post box numbers, names of
®
occupants of premises, or other identification of premises
not having commercial connotations;
b. flags and insignia of any government except when dis-
played in connection with cmmercial promotion;
C. Legal notices, identification, informational, or direct-
ional signs erected or required by governmental bodies;
d. Integral decorative or architectural features of buildings,
except letters, trademar{:s, moving parts, or moving liyhts;
e
e. Signs directing and guidlny traff {c and parking on private
property, but bearing no advertising matter.
75. Si��nsz_Ilumber and Surface Area - for the purpose of deteraining
number of signs, a sign shall be considered to be a single
display surface or display device containing elements organized,
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related, and composed to form a unit. Where matter 1s displayed
In a random manner without organized relationship of elements,
of where there 1s reasonable doubt about the relationship of
elements, each element shall be considered to be a single sign.
eThe
surface area of a sign shall be computed as including the
entire area w thin a regular geometric form comprising all
of the display area of the sign and including all the elements
of the matter displayed. Structural members not bearing adver-
ttisi
ng matter shall not be included In computation of surface
area.
-153-
76. Sign On -Site - A sign relating in its subject matter to the
premises on which it is located, or to products, accommodations,
e
services, or activities on the premises. On -site signs do not
include signs erected by the outdoor advertising business.
77, Sign, Off -Site - A sign other than an on -site sign.
70. ±peci al Exception - A special exception is a use that would
not be appropriate generally or without restriction threugh-
out the zoning division or district but which, if controlled
as to number, area, location, or relation to the neighborhood,
weuId promote the public health, safety, welfare, morals,
order, comfort, convenience, appearance, posterity, or general
welfare. Such uses may be permitted in such zoning district
as special exceptions.
79, ;cane - A stage is specified portion of the Planned Unit Develop-
ment that may be developed as an independent entity that is
delineated in the Preliminary Development Plan and the Final
Development Plan, and specified within the Development Schedule.
OU. Story - That portion of a building included between the
upper surface of the floor next above, or any portion of a
1
building used for human occupancy between the top -most floor
and roof. A base,,,,, or cellar not used for human occupancy
shall not be counted as a story.
I
gl, Street - In addition to the definition contained in Chapter
hereof, a street for the purposes of this section shall be a
public ar private right -of -way set aside for public travel
which is thirty (J0) feet or more in width.
-154-
a. Strret_Right -of -way Line - The property line which bounds
the right -of -way set aside for use as a street. Where
sidewalks twist and the exact location of the right -of-
way is unknown, the side of the sidewalk farthest from
the centerline of the traveled street shall be considered
as right -of -way line.
b. Street Centerline - The inidpoint between the street right -
of -way, or the surveyed centerline of the street.
02. Swirminypool - Any portable pool or permanent structure con -
twining a body of water 18 inches or mare in depth and 250
square feet of surface area or more of water service area,
intended for recreational purposes, including a wading pool,
but not including an ornamental reflecting pool or fish pand
or other type of pool regardless of size, unless it is located
and designed so as to create a hazard or be used for swimming
or wading.
83. Tent' - A collapsible shelter of canvas or other material used
for camping or recreational uses.
84. Terrace - An open space adjacent to the principal building
Uri one or two sides, prepared with a hard, semi -hard, or
improved surface, and uncovered, for the purpose of outdoor
living.
85. Tourist and Transient Living Accommodations - Any place
.wherein tourists, transients, travelers, or persons desiring
temporary residence may be provided with sleeping, sanitary
or cooking facilities.
am
•86.
Townhouse - See Swelling, Multiple Family
87..
Total Floor Area or Gross Floor Area - 1he areas of all floors
of a building, including finished attics, finished basements
and all covered areas, including porches, sheds, carports,
and garages.
88.
Trailer Park - An area duly licensed by the City of Cape
Canaveral and approved by the Florida State Board of Health
which is designed, constructed, equipped, operated and main-
tained for the purpose of providing space for and otherwise
servicing trailers.
eg,
Travel Trailer - A vehicular, portable structure having no
foundation other than wheels, jacks or blocks, d es" mod to
be used as a temporary dwelling unit for travel, recreational
and vacation uses, which (1) is identified on the unit or
classified by the manufacturer as a travel trailer; and (2)
is not more than twenty -nine feet in body lenglb.
9G..
Vacant - A building or parcel of land which is neither occupied
nor used or is in a nonoperative state for a period of six
months.
4I.
Variance - A variance is a relaxation of the terms of the
zoning ordinance where such variance will not be contrary
to the public interest and where, owing to conditions peculiar
to the property and not the result of the actions of the
applicant, a literal enforcement of the ordinance would result
in unnecessary and undue hardship. As used in this ordinance,
a variance is authorized only for height, area, size. of structure
or size of yards and open spaces; establishinot or expansion of
-As amended '11117/72 .156-
II
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a use otherwise prohibited shall not be allowed by variance,
nor shall a variance be granted because of the presence of
non - conformities in the zoning district or used to an adjoining
zoning district.
92. Nall -A structure forming a physical barrier which is so
constructed that less than 50 percent of the vertical sur-
face is open to permit the transmission of light, air, and
vision through such surface in a horizontal plane.
90.. Yard - A required open space on the same lot with a principal
building which is unoccupied and unobstructed by buildings
®
from the ground upward except as otherwise provided in this
section.
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a. Front Yard - The required yard extending across the
entire width of the lot between the front let line
and the nearest part of a principal building, including
®
covered porches, sheds, carports.
b. Side Yard - The required yard extending along the side
®
lot line from the front yard to the rear yard and lying
between the side lot line and the nearest part of the
principal building, including covered porches, sheds,
carports, garages, and storage areas.
C. Rear Yard - The yard extending across the entire width of
lot between the rear lot line and the nearest part of
®
the principal building, including covered porches, sheds,
carports, garages and storage areas. For the purpose
-157-
of determining rear yard requirements on corner and
through lots, the rear yard shall be considered to be
that portion of the lot (other than the front yard)
which is parallel to the street on which the address
of the structure Is established.
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XXV. CFFCCTIVG OAU
The provisions of this ordinance shall become effectivo
® immediately upon its adoption*
Passed and approved this 4th day of August, 1971, A. U.
Mayor U
t
.,T o
n o ost
,. City Clork m
First reading: July 20, 1971
Posted: July 21, 1971
Second reading: August J and 4, 1971
Posted: August 11, 1971
Approved as to form:
Stan yS tan y Wo an
City Attorne
e
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_ 9_
— AXVI. INCORPORATION OF ZONING ORDINANCE 111 A CODE PROVIDED.
This Ordinance may be incorporated In a Code of the Ctty of
Cape Canaveral with such changes In subdivision heading and
identification as the codifler deems appropriate and without
the notice procedures usually required far zoning ordinance
changes. However, in no case shall the substance of a zoning
requirement be changed.
160-
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APP6110IR
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pane
®access
104
accessory structures
103
adninistra Non review
111, 115
®
aircraft manufacture
M3
52
amendments
29
amusement, connorclal
T1
40
annexed land
8
antennas
CI,C2,M1,M2,M3
30, 36,44
48,52
antique shop
TI ,CI,[2
40,30,36
apparel
71,C1,C2
40, 30, 36
area and dimension regulations
19, 22,26
34, 39, 42,
®
47, 51, 53
art gallery
71,C1,C2
40, 30, 36
assembly, places of
85
atonic energy
109
auditorium
85
automobiles
C2
36
autanoblle rental
T1,C2,M3,
40, 36, 52
autonubile wrecking yard
46
automotive
112,113
48, 52
8
balcony
102
bank
Cl,C2,71
Pane
barber shop
Cl. C2
30, 36
bathhouses
R1, R2, R3
29, 30. 36
beauty shop
Cl. C2
30, 36
belfries
104
belt courses
102
board of adjustment
111. 117. 118
boarding house
R3
36
bait
T1, Cl. C2
40, 30, 36
body Shop
M2, M3
48, 52
Bottling plant
M2, 113
48, 52
Bowling
Cl. C2, TI
30, 36, 40
Building
111, 112, 123
building material supply
M2. M3
48, 52
building official
58, 66, 92, 107
111, 114, 116, 118
126,
e
building penoit
108, 111
building setback lines
100, 101
broadcasting towers
Cl, C2, MI, M2, 143
30, 36, 44, 48
52
C
Cl District
30
C2 District
36
canopy
102
cannery
M2
48
certificate of occupancy
109
chimney
102,
clinic
Cl, C2, R1, R2, R3
30, 36, 17, 20, 2Q_
club
Cl, C2, R2, R3, T1
30, 36, 20,
24, 40
coffee shop
71, Cl, C2,
40, 30, 36
commercial buildings
85
commercial development, planned
Cl, C2
30, 36
concrete plant
M3
52
confectionary
T1, Cl, C2,
40, 30, 36
contractors storage yard
M2, M3
48, 52
convalescent home
R2, R3, T1, C1, C2
20, 24, 40,
30, 36
courtesy notice
120, 124
courts
106
cultural facility
Cl, C2. R2
30, 36. 24
cupolas
R3
104
0
dairy products
M2, 143
48, 52
data processing
MI, 112, M3
44, 48, 52
R3, Cl. C2
24, 30, 36
delicatessen
TI, Cl, C2
40. 30, 36
definitions
Ti, Cl. C2
24, 30, 36
definitions
131
district boundary chance
124_127
district boundaries, interpretation
6
district regulations, application
g
drinking establishment
Cl. C2, TT
30, 36, 40
driving range
Cl, C2
30, 32
drug store
TI. Cl, C2
40, 30, 36
dry cleaning
Cl, C2, M2
30, 36, 40
143, TI
52, 40
dry dock
M2. M3
48, 52
dwelii ng, multiple family
R2, R3, it
20, 24, 40
dwelling, single family
R1. R2, R3
17, 20, 24
dwelling, two family
R2. R3
20, 24
E
effective date
159
electrical machinery
M1, M2, M3
44, 48, 52
oloctromagnetie radiation
98
explosion
98
F
tees
133
fence
102, 104
financial Institution
Cl, C2, TI
30, H. 40
fire
98
fire escape
182
fireplace
102
fishing pier
T1
40
fishing tackle
T1, 11, C2
40, 30, 36
florist
TI, Cl, C2
40, 30, 36
food processing
M3
52
food shop
TI, Cl, C2
40, 30, 36
freight handling
M2. M3
48, 52
fumes
96
funeral home
Cl, C2
30, 36
furniture factory
M3
52
furrier
T1, Cl. C2
40, 30, 36
G
gift shop
TI, Cl, C2
40, 30, 36
glare
97
golf course
R1 R2. R3,
,
CI, C2
17, 20, 24
30, 36
government institution
R3, C1, C2
24. 30, 36
governnent offices
R3, 11 C2, T1
24, 30, 36, 40'
greenhouse
R1, R2, R3, Cl. C2
17, 2p, 24
30, 36
guest cottage
Cl, C2, R3
30, 36, 24
H
hedge
102
hone occupation
R1, R2, R3
17, 20, 24
hospital
Cl. C2, R2, R3, 71
30, 36, 20, 24, 40
hotel
Cl. C2, TI, R3
30, 36, 40, 24
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1
ice
cream shop
T1, Cl, C2
40, 30, 36
®
industrial development, planned
M1, M2, M3
44, 48, 52
iron foundries
M3
52
institution, educational
TI. Cl, C2
40, 30, 36
Instrumentation
MI, M2, M3
44, 48, 52
Intersections
104
J
1
Jewelry
T1, Cl, C2
40, 30, 36
Junk yard
46, 50
K
®
kindergarten
R2, R3, 11,
20, 24, 40, 30,
C1, C2
36
r
laboratory
Cl, C2, MI, M2, M3
30, 36, 44, 48,
52
land, non- conforming
12
laundromat
11, Cl. C2
40, 30, 36
laundry
Cl, C2, M2,
30, 36, 48,
M3, T1
52, 40
library
N, R2, R3,
, C2
17, 20, 24,
30, 36
light manufacturing
MI, M2, M3
44, 48, 52
lighting
97
liquified petroleum storage
M3
52
loading
85
lodge
86
lodging house
R3
24
lots, non - conforming
10
luggage store
71, Cl, C2
40, 30, 36
M
,H1
District
44
major recreational equipment
M2, M3, C2
48, 52, 36
manufacturing
MI, M2, M3
44, 48, 52
manufacturing, general
M3
52
,
map, official
3
map, replacement
5
map. Zoning
3
marquee
102
marina
26, 38, 147
- millinery
T1, Cl. C2
40, 30, 36
min mum requirements
134
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mobile home park
mortuary
R2
20
C1, C2
70, 76
®
motel
C1, C2, TI,R3
30, 36, 40, 24
museum
86
II
newsstand
TI, Cl, C2
40, 31, 36
non - conforming lots
9, 10
non- confotn, i ng structures
13
non - conforming uses of land
12
®
non - conforming uses of structures
and land
14
non - conformities
Ill, 119
noise
91
nursery, botanical
C1, C2, Rl, R2,
30, 36,17, 20
R3, M2
24, 48
nursery, child
R2, R3, Cl. C2
20. 24, 30, 36
nursing home
P2, R3, TI, Cl. C2
20, 24, 40,
30, 36
0
odor
95
office, government
Cl, C2, T1, R3.
30, 36, 40, 24,
®
offices,
MI, M2, M3
44, 48, 52
general
Cl. C2, M1, M2,
M33, M2, R3, T1
30, 36, 44
52, 48, 24, 40
offices, professional
C1, C2, R3, TI
30, 36, 24, 40
MI, M2, M3
44, 40, 52
outside display
76
®
F
paint shop
M2. M3
48, 52
park
C1, C2,T1, R1
30, 36, 43, 17
R2, R3
eU, 24
parking lots
Cl. C2, R3, TI
30, 36, 24, 40
parking, off - street
85
,
parish house
R1, R2, R3
17, 20, 24
Particulate matters
90
penalties
136
Performance standards
92
piers, non - commercial
RI, RZ, P3
17, 20, 24
pilaster
T1, Cl. C2
102
photographic studio
TI, Cl, C2
40, 30, 36
planned development
R2, R3, CI
20, 24, 30
platform
103
Par"
103
printing
M2, M3
48, 52
Public hearing
61, 118, 120, 124®
Public uses
31
purpose
I
P
R1 District
17
R2 District
20
R3 District
24
radiation
98
radio, studio
M1, M2, M3,
44, U. 52
C1, C2
30, 36
,
recreation, commercial
CI, C2, T1
30, 36, 40
recreation, outdoor
T1, C1, C2
40, 30, 36
recreational equipment, major
C2, 112, M3
36, 48, 52
repair, automobile
M2, M3
48, 52
®
research
VII, 112, M3
44, 48, 52
®
residential
87
residential developnent, planned
R1, R2, R3
17, 20, 24
®
restaurant
Cl. C2, 11
30, 36, 40
restori mn
Cl. C2, R2, R3
34
®
retail store
C1, C2
30, 36
roaring house
R3
®
5
salvage yard
46, 50
®
school
Cl, C2, RI, R2, R3
30, 36, 17, 20, 24
school, business
Cl. C2
30, 36
school, trade
Cl, C2, Ml, M2
30, 36, 44, 48
1
school, vocational
C1, C2, M1, M2
30, 36, 44, 48
scrap yard
46, 50
separability clause
137
®
servl ce, business
C2, MI, M2, 143
30, 44, 40, 52
service, personal
Cl, C2
30, 36
aservice
service, repair
Cl. C2, 142, M3
30, 36, 44, 48
station
Cl. C2, M2, 143
30, 36. 44, 48
sewage disposal
log
5IIIs
102
shoe store
71, Cl, C2
40, 30, 36
smoke
94
special enception
18, 21, 25, 29
31, 38, 41, 1
50, 53,
spires
104
sporting goods
T1, Cl, C2
40, 30, 36
steel fabrication
142
48
®
structures, non- coA-ing
13
■
studio
C1. C2. Ml
30. 36, 44
sundry shop
25
swi -ing pools
Cl. C2
30, 36
T
TI District
40
tailor
C1, C2
television, studio
Cl, C2, MI
J0, 36, 44
1d2, M3
48, 52
te,'Ples
Pl, R2, R3,
17, 20, 24
CI, C2
30, 36
tennis
Rl, P2, R3
17, 20, 24
CI, C2
30, 36
terrace
103
theater
Ci, C2, T1
30, 36, 40
title
3
tire recapping
M2, 113
48, 52
townhouse
R1, R2, R3
17, 20, 24
townhouse, developnent
R1, R2, R3
17, 20, 24
toxic gas
96
toy factory
M3
52
U
upholstery
M2, 113
48, 52 ,
uses, non- cohf. -Ing
14
utility, public
C1. C2, MI, M2,
30, 36, 44, 48
R1, R2, P3, T1
17, 20, 24, 40 ,
V
vapor
96
variance
111,123 125
ventilators
104
veterinary hospital
Cl, C2, M2, M3
30, 36, 44, 48
vibration
96, 97
I
135
107
102, 104
M2, M3
violation
M2, M3
visual screens
®
u
wall
M2. M3
warehouse
C2, M1, M2
warehousing
TI, Cl. C2
water areas
®
water tanks
welding
®
wholesaling
wig shop
Y
Yard encroachments
zoning and planning board
I
135
107
im
55, 58, 60, 61
62, 65, 124, 125,
120, 132,
102, 104
M2, M3
44, 48.
M2, M3
44, 48
106
109
M2. M3
44, 48
C2, M1, M2
36, 44, 48
TI, Cl. C2
40, 30, 36
im
55, 58, 60, 61
62, 65, 124, 125,
120, 132,