HomeMy WebLinkAboutAdopted by Ord 12-1971u
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ZONING REGULATIONS - CAPE CANAVERAL, FLORIDA
Table of Contents
Page
Purpose------------------------------------------------ - - - - -- 1
Repeal of Conflicting Ordinances ----------------------- - - - - -- 3
ShortTitle -------------------------------------- T----- - - - - -- 3
Establishment of Districts: Provisions for
Official Zoning Map ---------------------------------- - - - - -- 3
Application of District Regulations -------------------- - - - - -- 7
Non- conforming Lots, Non - conforming Uses of
Land, Non - conforming Structures, and Non-
conforming Uses of Structures and Premises ----------- - - - - -- 9
Schedule of District Regulations Adopted --------------- - - - - -- 17
R -1
Single Family Residential District --------------- - -
- - -- 17
R -2
One, Two and Multiple Family Dwelling District --- - -
- - -- 20
R -3
Multiple Family Dwelling District ---------------- - -
- - -- 24
TR -1
Single Family Mobile Home District -------------- - -
- - -- 29
C -1
Low Density Commercial District ------------------ - -
- - -- 30
C -2
General Commercial District ---------------------- - -
- - -- 36
T -1
Tourist District --------------------------------- - -
- - -- 40
M -1
Light Industrial and Warehousing District -------- - -
- - -- 44
M -2
General Industrial District ---------------------- - -
- - -- 48
M -3
General Industrial District ---------------------- - -
- - -- 52
Schedule of Special Exceptions Permissible By
Board of Adjustment for Planned Development ---------- - - - - -- 55
Off- Street Parking and Loading Regulations ------------- - - - - -- 85
Home Occupations --------------------------------------- - - - - -- 90
Performance Standards ---------------------------------- - - - - -- 92
Supplementary District Regulations --------------------- - - - - -- 100
Administration and Enforcement - Building Permits
and Certificates of Occupancy ------------------------ - - - - -- 111
XIV. Board of Adjustments - Establishment and
Procedure ----------------------------------------------
XV. Board of Adjustment - Powers and Duties ------------ - - - - --
XVI. Appeals from the Board of Adjustment ---------------------
XVII. Duties of Building Official, Board of Adjustment
and City Council on Matters of Appeal ------------------
XVIII. Amendments ---------------------------- - - - - --
XIX. Schedule of Fees, Charges and Expenses -------------------
XX. Provisions of Ordinance Declared to be
Minimum Requirements ----------------------------- - - - - --
XXI. Complaints Regarding Violations --------------------------
XXII. Penalties for Violations ---------------------------------
XXIII. Separability Clause --------------------------------------
XXIV. Definitions ------------------ -------- ------------ - - - - --
XXV. Effective Date --------------------------- -- --- -- -- - - - - --
XXVI. Incorporation of Zoning Ordinance in a Code Provided - - - --
Page
XIV. Board of Adjustments - Establishment and
Procedure 117
XV. Board of Adjustment - Powers and Duties 118
XVI. Appeals from the Board of Adjustment 127
XVII. Duties of Building Official, Board of Adjustment
and City Council on Matters of Appeal 128
XVIII. Amendments 129
XIX. Schedule of Fees, Charges and Expenses 133
XX. Provisions of Ordinance Declared to be
Minimum Requirements 134
XXI. Complaints Regarding Violations 135
XXII. Penalties for Violations 136
XXIII. Separability Clause 137
XXIV. Definitions 138
XXV. Effective Date 159
XXVI. Incorporation of Zoning Ordinance in a Code Provided 160
ZONING REGULATIONS - CAPE CANAVERAL, FLORIDA
ORDINANCE NUMBER 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.
I. PURPOSE
WHEREAS Chapter 176, Florida Statutes, empowers the City to enact
a zoning ordinance and to provide for its administration, enforcement,
and amendment, and
WHEREAS the City Council deems it necessary, for the purpose of
promoting the health, safety, morals, and general welfare of the
City to enact such an ordinance, and
WHEREAS the City Council pursuant to the provisions of Chapter 176,
Florida Statutes, has appointed a Zoning and Planning Board to
recommend the boundaries of the various original districts and
appropriate regulations to be enforced therein, and
WHEREAS the Zoning and Planning Board has divided the City into
districts and has prepared regulations pertaining to such districts
in accordance with a comprehensive plan and designed to lessen
congestion in the streets; to secure safety from fire, panic
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, parks, 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 through-
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
regard to the preparation of the report of the Zoning and Planning
Board and subsequent action of the City Council have been met;
NOW THEREFORE BE IT ORDAINED BY THE PEOPLE OF THE CITY OF CAPE
CANAVERAL, FLORIDA:
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II. REPEAL OF CONFLICTING ORDINANCES
Ordinance No. 81-64 of the City of Cape Canaveral, as amended, is
hereby abolished and repealed, and all other City ordinances, reso-
lutions or general laws, or any part thereof, in conflict with any
provisions of this ordinance are hereby abolished and repealed.
III. SHORT TITLE
This ordinance shall be known and may be cited as "The Zoning Ordinance
of the City of Cape Canaveral, Florida."
IV. ESTABLISHMENT OF DISTRICTS: PROVISION FOR OFFICIAL ZONING MAP
I. Official Zoning Map - 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 become
effective until they have been duly entered upon the Official
Zoning Map.
No 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.
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
stored in the vault in City Hall when not in use, and
readily available to the public shall be the final
authority as to the current zoning status of land and
water areas, buildings and other structures in the City.
2. Replacement of Official Zoning Map - In the event 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
Map 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. Rules 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 construed as following such lot lines;
c. Boundaries indicated as approximately following City
limits shall be construed as following City limits;
d. Boundaries indicated as following 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 following the
original shore or bulkhead line; boundaries indicated
as approximately following the center lines of streams,
rivers, canals, lakes, or other bodies of 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;
f. In cases where the actual location of physical features
varies from those shown on the Official Zoning Map,
or in other circumstances not covered by sub -sections
(a) through (e) above, the Board of Adjustment 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
minimum regulations and shall apply uniformly to each class or kind
of structure or land, and particularly:
1. No building, structure, or land shall hereafter be used or occupied,
and no building or structure or part thereof shall hereafter be er-
ected, constructed, reconstructed, moved, or structurally altered
unless in conformity with all of the regulations herein specified
for the district in which it is located.
2. No building or other structure shall hereafter be erected or altered:
.a To exceed the height;
b 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.
3. No part of a yard, or other open space, or off-street parking or
loading space required in connection with any building for the pur-
pose of complying with this ordinance, shall be included as part of
a yard, open space, or off-street parking or loading space simil-
arly required for any other building.
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4. No yard or lot existing at the time of passage of this ordinance
shall be reduced in dimension or area below the minimum 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.
5. 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.
6. Every building or structure hereafter 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 hereafter be
annexed to the City shall be determined by the City Council upon
recommendation of the Zoning and Planning Board at the time of
annexation.
8. 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 manner as the use to which it is similar.
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 will, according to the
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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.
VI. NON -CONFORMING LOTS, NON -CONFORMING USES OF LAND, NON -CONFORMING
STRUCTURES, AND NON -CONFORMING USES OF STRUCTURES AND PREMISES.
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
in the districts involved. It is further the intent of
this ordinance that non -conformities shall not be 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 Enlargement - 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-
struction materials in permanent 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. Non -Conforming Lots of Record - 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 buildings
may be erected on any single lot of record at the effective
date of adoption or amendment of this ordinance. Such lot
must be in separate ownership and not of continuous frontage
with other lots'in the same ownership. This provision shall
apply even though such lot fails to meet the requirements for
area or width, or both, that are generally applicable in the
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
is located. Variance of area, width or yard requirements shall
be obtained only through action of the Board of Adjustment.
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-
quirements 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. Non -Conforming Uses of Land - Where, at the effective date of
adoption or amendment of this ordinance, lawful use of land
exists that is made no longer permissible under the terms 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 may be continued, so long as it remains
otherwise lawful, subject to the following provisions:
a. No 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 dis-
trict in which such use is located;
b. No such non -conforming use shall be moved in whale
or in part 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. No additional structure which does not conform to
the requirements of this ordinance shall be erected
in connection with such non -conforming use of land.
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5. Non -Conforming 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 this
ordinance by reason of restrictions on area, lot coverage,
height, 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;
b. 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 a lawful use involving indi-
vidual structures with a replacement cost of $1,000 or
more, or .of structure and premises 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 terms 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 -conforming use may not there-
after be resumed;
d When a non -conforming use of a structure, or structure
and premises in combination, 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 combination, shall not thereafter be used
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except in conformance with the regulations of the district
in which it'is located;
e. Where non -conforming use status applies to a structure
and premises in combination, 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 more than
50 percent of the replacement cost at time of destruction;
f. The following schedule shall be followed in terminating
non -conforming use of structures or of structures and
premises, except for residential uses:
Assessed Valuation
of Improvements
$ 1,000 - $ 2,499
$ 2,500 - $ 4,999
$ 5,000 - $ 9,999
$ 10,000 - $ 24,999
$ 25,000 - $ 49,999
$ 50,000 - Over
Time Allowance
Before Termination
5 years
10 years
20 years
30 years
40 years
50 years
Non -conformities not involving the use of a principal
structure, e.g., open storage, building supplies,
vehicle, mobile home, implement and machinery storage,
signs, billboards, junk yards, commercial animal yards
and the like, shall be discontinued within two (2) years
of the effective date of this ordinance or amendment.
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7. Repairs and Maintenance - 0n any building devoted in whole or
in part to any non -conforming use, work may be done in any
peribd'of 12 consecutive months on ordinary repairs, or on
repair or replacement of non -bearing walls, fixtures, wiring
or plumbing, to an extent not exceeding 10 percent of the
current replacement value of the building, provided that the
cubic content of the building as it existed at the time 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.
Uses Under Exception Provisions Not Non -Conforming Uses - Any
use for which a special exception is granted as provided in
this ordinance shall 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 terms of this ordinance.
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VII. Schedule of District 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.
2. 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. Non-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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R-1
including garages, carports, and the like, in keeping with
the "residential character of the district.
3. SpeciallExceptions 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 private schools with conventional curriculums;
public libraries;
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. Public safety structures and equipment, such as fire
substations, civil defense facilities and the like;
f. Public and semi-public parks., playgrounds, playfields,
and recreation facilities;
**g. deleted
h. Home 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 11/14/72
5. Area and Dimension Regulations
Minimum Minimum Minimum Maximum Lot Minimum Maximum
Lot Area Lot Width Lot Depth Coverage Living Area Height
7,500 75 ft. 100 ft. 30% 1,300 25 ft.
sq. ft. sq. ft.
Minimum Yard Requirements
Side Side
Front Interior Lot Corner Lot Rear
25 ft 8 ft or 10% 25 ft. 25 ft.
of width of 20 ft.
lot up to when
20 ft., abutting
whichever an alley
is greater
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R- 2
District and. Intent
R-2 One, Two and Multiple 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. Principal Uses and Structures - Same as R-1, and in addition:
a. Two family dwellings;
*b. Multiple family dwellings, provided however, that in no
case shall there be more than twenty (20) dwelling
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 3/7/72
**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;
**f. deleted
**g. Residential Planned Unit Development excluding mobile home
parks as set forth in Section VIII (1).
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 Regulations
Minimum Minimum Maximum Maximum Lot Minimum Maxim
Lot Area Lot Width Lot Depth Coverage Living Area Heigh
R-2
0ne and Two Family
0ne Family 7,500 sq. ft. 75 ft. 100 ft. 35% 1,000 sq 25 f
ft. per
dwelling
unit
Two Family 7,500 sq. ft 75 ft. 100 ft. 35% 750 sq. 25 f
ft. per
dwelling
unit
Multiple Family
10,000 75 ft. 100 ft. 35% Efficiency **45 f
sq. ft. apts.: 450
sq. ft. 1
bedroom apts:
650 sq. ft
2 bedrm.
apts.: 750
sq. ft
3 bedrm apts:
900 sq. ft. plus
100 sq. ft. for
each additional be
**As amended 11/14/72
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Minimum Yard Requirements
Side In -
Front terior Lot
**Side Corner
Lot
One and Two Family **a. 25 ft.
25 ft. 8 ft. or 10% *b.
of width of
lot up to 15
ft., whichever
is greater
Multiple Family
25 ft. 15 ft. plus
3 ft. for
each 10 ft. or
increment there-
of over 20 ft.
in height.
*As amended 3/7/72
**As amended 11/14/72
0n all non -conforming lots of
record as defined in Section VI,
paragraph 3, on side corner
lots there shall be a minimum
setback of ten (10) feet or
the average depth of existing
setbacks, whichever is greater.
The average depth of existing setbacks
shall be determined by buildings lo-
cated on lots five hundred (500) feet
on either side of property on the
same side of the street.
**a. 25 ft.
*b. 0n all non. -conforming lots of
record as defined in Section VI,
paragraph 3, on side corner lots
there shall be a minimum setback
of ten (10) feet or the average
depth of existing setbacks, which-
ever is greater. The average
depth of existing setbacks shall
be determined by buildings located
on lots five hundred (500) feet
on either side of property on the
same side of the street.
Rear
25 ft;
20 ft.
when
abutting
an alley
20 ft.
plus 2 ft.
for each
10 ft. or
increment
thereof
over 20
ft. in
height.
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R-3
District and Intent
R-3 Multiple Family Dwelling District
**The provisions of this district are intended to apply to an area of
medium density residential development. Lot, height, and other
building restrictions are intended to accommodate a controlled
degree of development, maintaining an adequate amount of open space
for residential uses. Higher density figures will be permitted for
hotel/motel development as set forth in the schedule of regulations
listed below.
1. Principal Uses and Structures - Same as R-1 and in addition:
a. Two family dwellings;
Multiple family dwellings, motels,, hotels, provided, however,
that in no case shall there be more than thirty (30) dwelling
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.
**As amended 11/14/72
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R-3
2. Accessory Uses and Structures - Same as R-2, and in addition:
a. Limited retail and service establishments when operated
within a single complex of 35 or more units, including
drug and sundry shops, confectionary and coffee shops;
newsstand; personal services; delicatessens; eating and
drinking establishments; laundry and dry cleaning pickup
stations and Laundromats and similar uses, provided that
no commercial display is visible from outside a principal
building. Such accessory use shall not exceed five (5)
percent of the gross floor area of a principal use.
3. Special Exceptions Permissible by Board of Adjustment - 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, institutions and cultural
facilities:
d. Hospitals, restoriums, convalescent homes, nursing homes
for human care except institutions primarily for mental
care;
**e. Deleted
**f. Deleted
**As amended 11/14/72
-25-
R-3
g. Marinas, including but not limitedto water craft used for
dwelling purposes;
h. Kindergartens, nurseries and child care facilities;
i. Home occupations in single family dwellings;
*j. Radio and television studios, broadcasting towers and antenna.
**k. Residential Planned Unit Development, excluding mobilehome
parks as set forth in Section VIII (1).
4. Prohibited Uses and Structures
a. All uses not specifically or provisionally permitted herein.
5. Area and Dimension Regulations
Minimum Minimum Minimum Maximum Lot
Lot Area Lot Width Lot Depth Coverage
Minimum
Living or
Floor Area
***Single and Two Family Residential - Same as R-2
***Multi -Family, Residential and Offices
12,000 100 ft. 100 ft. **40%
sq. ft.
Maximum
Height
**NONE
, **S•it gle Family:
1050 S.F. D/U
Two Family:
850' S. F. D/U
)4\7.Multipl-e Fam=
ilk._
Eff. 450 S.F.
D/U , \i B.R. gsv
1.050 S> F. 'D%U
P1 us 200. S.F.
for each addi-
tional B. R.
*As amended 3/7/72
**As amended 11/14/72
***As amended 1/2/73
-26-
R-3
Churches, Hospitals
2 acre 150 ft. *100 ft. **35% **NONE
* *Hotels/Motels Min.', Unit Area
12,000 100 ft. 100 ft. 40% 300 S. F. per **None
rental unit
Minimum Yard Requirements
Side Interior Side Corner
Front Lot Lot \ Rear
R-3
Residential and Offices
25 ft. 15 ft. plus 25 ft. plus 20 ft. plus
plus 3 ft for each 2 ft. for 2 ft. for
2 ft. 10 ft or each 10 ft. each 10 ft.
for increment or increment or increment
each thereof over thereof over thereof
10 ft or 20 ft in 40 ft. in over 20 ft.
increment height height in height
thereof
over
40 ft. in
height
Churches, Hospitals
25 ft. 15 ft. plus 3 25 ft. plus 3 25 ft.
plus 3 ft. for every ft. 20 ft. when
ft. for 5 ft. of build- abutting an
every 5 ing height over alley; plus
ft. of 40 ft. 3 ft. for
building every 5
height ft. of
over 40 building
ft. height over
40 ft.
*As amended 3/7/72
**As amended 11/14/72
R-3
*Hotels, Motels
Same as Residential and Offices
**6. Minimum Breeze Requirement
At least 25% of the North/South dimension of the property shall be
open to the breeze in an East/West direction. This shall include
required setbacks.
**7.. Maximum Length of any Building in a North/South Direction
185 feet
*8. Landscaping
Provide a landscape buffer having a minimum average width of five
(5) feet along all property lines adjacent to streets or abutting
lots with the buffer width at any one point not being less than
one and one half (1-1/2) feet. The "average width" shall be
computed by dividing the total landscaped areas located along
the property lines adjacent to streets or abutting lots by the
total length of all of these property lines.
**9.
Minimum Open Space Area Requirement
15% of total lot area. Not to be included as part of open space
area are the following: 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.
**As amended 11/14/72
-28-
TR-1
District and Intent
TR-1 Single Family Mobile Home District
The provisions of thIis district are intended to apply to An area
of single family mobile home development.
1. Principal Uses and Structures
a. Single family mobile homes
2. Accessory .Uses and Structures
a. Cabanas, provided that they are a manufactured metal
product and are attached to the mobile home;
b. Customary accessory uses of a residential nature,
clearly incidental and subordinate to the principal
use. Accessory uses shall have no sanitary plumbing
or kitchen facilities.
3. Special Exceptions
a. None
4. Prohibited Uses and Structures
a. All uses not specifically or provisionally permitted
herein.
5. Area and. Dimension Regulations
Minimum Minimum Minimum Maximum Lot Minimum- Maximum
Lot Area Lot Width Lot Depth Coverage Floor Area Height
2,500 50 ft. None 40% 350 sq. ft. 15 ft.
sq. ft.
Minimum Yard Requirements
Front Side Rear
15 ft. 5 ft. 5 ft.
C-1
District and Intent
C-1 Low Density Commercial District
The provisions of this district are intended to apply to an area
adjacent to major arterial streets and convenient to major resi-
dential areas. The types of uses permitted are intended to serve
the consumer needs of nearby residential neighborhoods as well as
the commercial needs of the motorist. Lot sizes and other restric-
tions are intended to reduce conflict with adjacent residential
uses and to minimize the interruption of traffic along thorough-
fares.
1. Principal Uses 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 barber
shops, laundry and dry cleaning pickup stations, tailor
shops, and similar uses;
d. Professional offices, studios, clinics, laboratories,
general offices, business schools and similar uses;
****e. Hotels, motels, provided, however, that there shall be no more
than 40 dwelling units per net residential acre.
f. Eating and drinking establishments;
**As amended 11/14/72
****h, mmnnt-oA 1Ilt /7
-30-
C-1
g. Public and -semi-public parks, playgrounds, clubs,and
lodges, cultural facilities, hospitals, clinics, restoriums,
.mortuaries, funeral homes,. government offices, schools,
churches. and! similar uses;
h. Banks and financial institutions;
i. Public and private parking lots and garages;.
j,. Commercial recreation such as driving ranges, bowling
alleys, 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 similar uses, but not including automobile
repairs.
** *km.
Multiple 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. 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 low density commercial character of the
district are permitted.
3. Special Exceptions Permissible by Board of Adjustment r
a. Public utility uses and rights -of -way
b. Veterinary hospitals and clinics providing that the
following conditions are met:
****As amended l/16/73
-31-
C-1
(1) All areas used for boarding or temporary housing of
animals shall be completely enclosed unless appro-
priate safeguards are constructed to control objection-
able odors and/or noises, as determined by the Board
of Adjustment.
*(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 XII and any other conditions required 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
(8) Other minimum setbacks from any property line:
Pump islands: 25 feet
Canopy: 20 feet
*As amended 3/7/72
-32-
L-1
(9)
Signs, portable or
fixed :
Storage tanks:
15 feet.
15 feet .
And in addition, underground storage
is required for All receptacles for .
combustible materials in excess of 55 gallons. -
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) No 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.
*(11) A visual screen, meeting the specifications of Section
XII shall be provided along any property line abutting
a residential district.
(12) There shall be no repair work outside the principal
structure other than minor service.
e. Planned Commercial Development on a parceT 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
f. Places in which goods are produced and sold at retail upon
the premises.
Vocational and trade schools not involving operations of
an industrial nature.
h. Mobile home parks, subject tothe provisions of Section VIII
(2).
**i. Residential Planned Unit Development as set forth in Section
VIII (1).
g•
4. Prohibited Uses 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 XI.
f. Theatres, book stores, drive-in theatres, photographic
studios.
. Area and Dimensi-on Regulations
**a. Multiple Family Dwellings, Hotels, Motels
Same as R-3 except that Motels and Hotels will have a minimum
unit area of 260 square feet.
**As amended 11/14/72
C-1
**b. All Other Prindipal Uses and_ Structures
Minimum Minimum Minimum Max.. Lot Minimum Maximum
Lot Area Lot1Width Lot Depth Coverage Floor_Area Height
I '
5•,000 50 ft,- 100 ft. 50% . 300 sq. ft. 40 ft.
sq. ft.
and
in addi-
tion,'the
area to lot
area shall
not exceed
1.5: 1.0
6. Minimum Yard Requirements
**a Multiple Family DweiTing Units
Same as R-3
**b. Hotels, Motels
**c. All Other Principal..Uses & Structures
***7.
Side In- Side Corner
Front terior Lot Lot
25 ft. **O ft. ; 25 ft.
when abutting
a residential
zoned district
Rear
25 ft. 10 ft.
Landscaping and.Screening
a, Defined in Section XII (Supplementary District Regulations)
of this ordinance:
**As amended 11-114/72
***As amended 12/5-/I 2
nr
District and Intent
C-2 General Commercial District
The'.provisions of this district are intended to apply to an
area intended to be developed and preserved as a major commercial
center serving the commercial needs of the community and the region.
The types of uses and other restrictions are intended to promote and
protect intense commercial development as well as provide adequate
protection from conflicts with adjacent residential and other non-
comnercial 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,
b. 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 -inflammable solvents
and cleaning fluids as determined by the fire chief;
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.
C-2
g
(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 requiremehts, setback and lot
coverage regulations..
New 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 displayed 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-'
mobiles other 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.
C-2
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.
3. Special Exceptions Permissible by Board of Adjustment
a. Same as in C-1, and in addition;
b. Marinas;
c. Uses exceeding forty (40) dwelling units per net residential
acre.
4. Prohibited Uses and Structures
a. Residential uses, except as specifically permitted;
b. Manufacturing activities, transportation terminals,
storage, warehousing and other activities of a similar
nature;
c. All uses not specifically or provisionally permitted
herein; any use not in keeping with the intense commercial
character of the district;
d. Any use which fails to meet "Performance Standards"
specification;
e. Automotive repair•establishments which provide body work,
upholstery or painting services.
f. Theatres, book stores, -photographic studios and drive-
in theatres.
-38-
2
5. Area and Dimension Regulations
I
Minimum
Lot Area
5 ,.000
Sq...ft.
and in
addition the ratio
of gross floor area
to lot area 'shall
not exceed 2.0:1.0
Minimum
Lot Width.
50 ft.
Minimum'
Lot Depth
Minimum Yard Requirements
Front
Side In-
terior Lot
25 ft. ***None; 25
The entire ft. when
front set- abutting a
back shall residential
be increased zoned dis-
by three feet trict
for each 10
ft. of build-
ing height
or increment
thereof over
60 ft.
100 ft.
Maximum • Minimum Maximum
Lot Coverage Floor Area Height.
75% except 300 sq. ft. None
for required
yards
Side Corner
Lot
25 ft. The entire
side setback shall
be increased by •
.three feet for each
feet for each 10 ft.
of building,. height
or increment thereof
over 60 ft.
Rear
10 ft.
6. Landscaping and Screening
a. Defined in Section XII (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
development 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 (30) 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 capacity of less than
200;
c. Office buildings, studios, clinics containing at least
20,000 square feet of area;
d. Commercial amusement enterprises such as bowling lanes,
aquariums, and skating rinks; provided, howeve.r, that
the use is enclosed within a soundproof building;
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-
2. Accessory Use 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
within 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 capacity.
3. Special Exceptions Permissible by Board of Adjustment
a. Educational institutions;
b. Hospitals, convalescent horses, nursing homes;
c. Outdoor commercial recreation and amusement enterprises;
d. Fishing piers, fishing tackle, bait and equipment stores;
-41-
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
within 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 capacity.
3. Special Exceptions Permissible by Board of Adjustment
a. Educational institutions;
b. Hospitals, convalescent homes, nursing homes;
c. Outdoor commercial recreation and amusement enterprises;
d. Fishing piers, fishing tackle, bait'and equipment stores;
_Al_
T-1
e. Tourist oriented sales and services such as but not
necessarily limited to: antique shops, art gallery,
automobile rental, confectionary., ice cream or coffee
shops, drug and sundry shops, delicatessen and food
shops, florist, furrier, gift shop, jewelry store,
laundromat, 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.
4. 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. Area and Dimension Regulations
Floor Area Ratio Maximum Lot Coverage
The maximum floor area ratio Not exceeding 50 feet in elevation-50%
(F.A.R.) shall be 2.75: 1, 60 -45%
however, in no case shall 70 -39%
there be a lot coverage 80 -34%
exceeding 50%. 90 -30%
100 -27%
-42-.
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
within 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 capacity.
3. Special Exceptions Permissible by Board of Adjustment
a. Educational institutions;
b. Hospitals, convalescent horses, nursing homes;
c. Outdoor commercial recreation and amusement enterprises;
d. Fishing piers, fishing tackle, bait and equipment stores;
-41-
fit-1
Minimum Lot Area
6,000 sq. ft.
Minimum
Floor Area
600 sq. ft.
Minimum
Living Area
Same as R-2
Minimum Yard Requirements
Side Interior Lot
15 ft. plus 2 ft.
for each 10 ft. of
building height or
increment thereof
over 40 feet
Maximum Height
None
Minimum Lot Width Minimum Lot Depth
50 ft.
Front
25 ft. plus 2 ft. for
each 10 ft. of building
height or increment
thereof over 40 feet
Side Corner Lot Rear
25 ft. plus 2 ft.
for each 10 ft. of
building height or
increment thereof
over 40 feet
120 ft.
20 ft. plus 2
ft. for each 10
ft. of building
height or incre-
ment thereof over
40 feet
6. Landscaping and Screening
a. Defined in Section XII (Supplementary District Regulations)
of this ordinance.
-43-
District and Intent
M-1 Light Industrial and Research and Development District
The provisions of this district are intended to apply to an area
located in close proximity to transportation facilities and which
can serve light manufacturing, research and development, distribution,
and other industrial functions Restrictions 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.
1. 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 improve-
ments shared in common, are developed on a site of five (5)
acres or less:
a. General offices, studios, clinics, laboratories, data
processing and similar uses;
b. Engineering, laboratory, scientific and research in-
strumentation and associated uses;
c. Manufacture of:
(1) Instruments for controlling, measuring and indi-
cating physical characteristics;
(2) Optical instruments and lenses;
(3) Surgical, medical and dental instruments and supplies;
(4) Ophthalmic goods;
-44-
(5) Watches, clocks, clockwork operated devices and
parts;
(6) Photographic equipment and supplies;
(7) Jewelry, silverware, plated ware;
(8) 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 jewelry, costume novelties, buttons and
miscellaneous notions;
(13) Other similar uses
2. Accessory Uses and Structures
a. Retail sales of products manufactured, processed or
stored upon the pree .ises.
b. Customary accessory uses of one or more of the principal
uses, clearly incidental and subordinate to the principal
use in keeping with the light industrial and research
and development character of the district.
3. Special Exceptions Permissible by Board of Adjustment
a. Planned Industrial Development on a 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.
M-1
b. 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 in
this zone.
d. Radio and television studios, broadcasting towers and
antennas.
4. Prohibited Uses and Structures
a. Residential uses;
b. Motels, hotels, boarding and lodging houses;
c. Automobile wrecking yards, junk yards, scrap and sal-
vage yards for secondhand building materials;
d. Churches, private clubs and lodges;
e. Retail and other commercial 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 estab-
lished in Section X1 (Performance Standards) of this
ordinance.
M-1
5. Area and Dimension Requirements
Minimum
Lot Area
10,000
sq. ft.
Minimum
Lot Width
75ft.
Minimum
Lot Depth
100 ft.
Maximum Lot
Coverage
Minimum Maximum
Floor Area Height
50% 300 sq. ft. 40 ft.
Minimum Yard Requirements
Front Side Interior Lot Side Corner Lot
25 ft. 15 ft. except where
industrial property
abuts a residential
district in which
case the minimum
side interior lot
setback shall be
25 ft.
25
ft.
6. Landscaping and Screening
a. Defined in Section XII (Supplementary District
Regulations) of this ordinance.
Rear
15 ft. except where
industrial property
abuts a residential
district in which case
the minimum rear yard
requirement will be
25 ft.
7. Performance Standards
a. Defined in Section XI Performance Standards) of this
ordinance.
-47
District and Intent
M-2 Light Industrial and Warehousing District
The provisions of this district are intended to apply to an
area located in close proximity to transportation facilities
and which can serve light manufacturing, warehousing, distri-
bution, wholesaling, and other industrial functions. Restric-
tions 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.
1. 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 improve-
ments shared in common; are developed on a site of five (5)
acres or less:
a. All uses permitted in M-1; and in addition;
b. Warehousing and wholesaling including refrigerated
storage; outside storage areas shall be walled on
all sides;
c. Service and repair establishments, welding shops, dry
cleaning and laundry plants, printing plants, taxi-
dermists and similar uses;
—48-
M=2
d. Light manufacturing, protesting -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;
Freight handling facilities; transportation terminals;
g•
h. Vocational and trade schools, including those of an
industrial nature;
i. Public and semi-public uses, including those of an
industrial nature such as treatment plants, equipment
storage and garage;
2. Accessory Uses and Structures
a. Retail sales of products manufactured, processed or
stored upon the premises;
b. Not 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, in keeping with the light industrial character
Of the district are permitted.
-49-
M-2
3. Special Exceptions Permissible by Board of Adjustment
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 uses, except as provided under accessory
uses;
b. Motels, 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 commercial establishments except
as specifically or provisionally permitted herein;
f. Above ground storage of liquified petroleum products;
g. 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, XI (Performance Standards) of this
ordinance.
-50-
M-2
5. Area and Dimension Regulations..
Minimum Minimum Minimum Max. Lot •Minimum Maximum
Lot Area Lot:Width Lot Depth Coverage Floor Area Height
20,000 100 ft. 150 ft. 75% 900 sq. ft. 40 ft.
sq. ft.
and in
addition
the ratio
of gross
floor area
to lot
area shall
not exceed
2.0:1.0
Minimum Yard Requirements
Front
35 ft.
Side In- Side Corner
terior Lot Lot
0 ft., except 35 ft.
where a dis-
trict (other
than residen-
tial) requiring
such setback,
such use will
provide the
same setback
as required
for the abut-
ting district;
where an indus-
trial use bor-
ders a resi-
dential district
the setback shall
be 35 ft.
Rear
15 ft; 10 ft.
when abutting
an alley; 35
ft. when abut-
ting a resi-
dential dis-
trict.
6. Landscaping and Screening
a. Defined in Section XII (Supplementary Regulations) of
this ordinance.
7. Performance Standards
a. Defined in Section XI (Performance Standards) of this
ordinance.
District and Intent
M-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. All
uses permitted in this zone shall be contained in a completely
enclosed, air-conditioned structure.
1. 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 as a unit with certain site improvements
shared in common, are developed on a site of five (5)
acres or less;
a. A11 uses permitted in M-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, #58.
c. General manufacturing, assembly and processing, such
as heavy equipment plants, aircraft manufacture, food
processing and canneries, iron foundries and steel.
fabrication, block and concrete plants, furniture
factories, toy factories and similar uses.
-52-
M-3
Accessory Use's and Structures
a. Same.as it M-2.
3. Special Exceptions Permissible by Board 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 permitted principal
use in the M-3 district
5. Area and Dimension Regulations
Minimum Minimum Minimum Maximum Lot
Lot Area Lot Width Lot Depth Coverage
30,000
sq. ft.
and in
addition,
the ratio
of gross
floor area
to lot
area shall
not exceed
2.0:1.0
100 ft. 200 ft. 75%
Minimum Maximum
Floor Area Height
1500 sq. ft. 40 ft.
-53-
M-3
Minimum Yard Requirements
Side In- Side
Front terior Lot Corner Lot Rear
50 ft. 0 ft., except where 50 ft. 15 ft.;
a district (other than 10 ft.
residential) requiring when
such setback, such use abutting
will provide the same an alley;
setback as required 50 ft. when
for the abutting dis- abutting
trict; where an indus- a residenti
trial use borders a district
residential district
the setback shall be
50 ft.
6. Landscaping and Screening
a. Defined in Section XII (Supplementary District
Regulations) of this ordinance.
7. Performance Standards
a. Defined in Section XI (Performance Standards) of
this ordinance.
-54-
VIII. SCHEDULE OF SPECIAL EXCEPTIONS -PERMISSIBLE BY,BOARD OF ADJUSTMENT
FOR PLANNED DEVELOPMENT
1. .Resi:dentialj Planned Unit Development (except for mobile homes)
RPUD: .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 suita-
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.
is The re_gulati:onLfof2_sua plannedes -d61710lk deve;: pmentrare intended
?Lto ace:omplat h thejpurpo_es of zdni ny and otfi - a „ l� ca151 � re ul-ati onO
tiin the same hner_in_whi:ch is Zonin`gCode,directs th_e_unifo:r`•m treatt
rmentof dwel_ in' t des+ign-and layout of dwellings; aril to- erred-464
Amore -eff1 ci e_n esu of .1:a'nd ancLpubj j uses rvi ees
**** RPUD: 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 a minimum of four (4) acres is
intended to be developed simultaneously.
**As amended 11/14/72
****As amended 1/16/73
-55-
RPUD:, Common Open Space-
1. Ail common open space shall 'be preserved for its intended pur-
1
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. Establishment 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 recreational 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.
-56-
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 within the Planned Unit Development not pub-
licly 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.
RPUD: Utilities and Services
. Structures within the Planned,Unit.Development'shal.T be connected
.to City water and sewer lines and all utility lines shall be placed
-57-
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 Development to permit the City to perform nec-
essary police, health, safety and fire service.
RPUD: Procedure for Securing Approval of a Planned Unit Develop-
ment
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 Official, 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 name 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 1" = 100'. The required exhibits for the prelim-
inary application for a Planned Unit Development shall be those
essentially required for the preliminary plat in the Cape Can
averal Subdivision Regulations and other such data that may
be required by the Zoning and Planning Board
4. Submittal:
a. The preliminary application shall be submitted—fo the City
Aj /I I?b2 pb.
-13
Clerk at least ten (10) days prior to any scheduled meet-
ing 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.
e pr
c. The preliminary application shallbe reviewed at the first
regularly scheduled meeting of the Zoning and Planning
Board following submission of said application.
**d. The preliminary application shall include ten (10) black
or blueline prints of the Development Plan of the proposed
Planned Unit Development and a minimum of two (2) copies of
the required exhibits.
**As amended 11/14/72
-59-
** 5.
Application Review: Written comments from the Planning, En-
gineering, and Building 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 approval, ap-
proval subject to conditions, or disapproval of the preliminary
application.
This action of the Zoning and Planning Board shall be reflected
om two (2) copies of the application with appropriate referen-
ces and attachments and one (1) of said copies shall be re-
turned 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 as 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 Development
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 conservation as
shown in the Preliminary Development Plan.
**As amended 11/14/72
-60-
e. The nature, intent and compatibility of common open space,
including
provisions in the Preliminary Development Plan
for the maintenance and conservation of said common open
space.
f. The feasibility and compatibility of the specified stages
contained in the Preliminary Development'Plan.
7. Review by Board of Adjustment: Upon receiving the recommen-
dations of the Zoning and Planning Board, the Board of Adjust-
ment shall review with due public notice, said recommendation
and preliminary application and either grant, grant subject to
conditions, or deny the preliminary application. Public notice
of said public 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.
RPUD: Final Application
The developer shall have one year from the approval of the preliminary
application for a Residential Planned Unit Development special excep-
tion in which to file a final application. At the request of the de-
veloper, and for good cause shown, the Zoning and Planning Board may
**As amended T1/14/72
extend for six (6) months the period required for the filing of said
application.
The final application may request approval for the entire Planned
Unit Development or any stage specified in the Preliminary Develop-
ment Plan. If approval is not requested for the entire Planned Unit
Development, the developer shall have one year from approval of the
final. application to file another final application for approval of
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.
1. 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-
division Regulations in addition to any other supplementary data
needed by the Zoning and Planning Board in order to evaluate the
proposed development.
a. The Development Schedule shall contain the following informa-
tion:
V 1. The order of construction of the proposed stages delineated
t
in the Development Plan.
2. The proposed date for the beginning of construction on said
stages.
3. The proposed date for the completion of construction on said
stages.
-62-
4. The proposed schedule for the construction and improve-
ment of common open space within said stages, including
any complimentary buildings.
Deed restrictions proposals to preserve the character of the
common open space as set forth in Section 3. Said deed restric-
tions shall include a prohibition against partition by any re-
sidential property owner.
\hifc. If the developer elects the association or non-profit corpora-
tion 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
be submitted for approval by the City.
\I` d. Instruments dedicating all rights -of -way, easements and other
public lands shown on the Final Development Plan from all
persons having any interest in said land.
<1 Y e A bill of sale, conveying to the City water and sewer utility
�j1 ' lines, mains, lift stations, and other personal property re-
quired to be installed by this Ordinance.
f. Instruments indicating that all necessary off -site easements
or dedications have been 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.
-63-
A bond from the developer shall guarantee the installation
of :the public improvements specified in the Fianl Develop-
ment Plan through one of the following methods:
1. Filing a performance and labor and material payment bond
by the developer, 110% of the estimated construction cost
as determined by the City.
2. Depositing 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 from a company li-
censed as a surety in the State of Florida, listed by the U.S.
Treasury Department and rated A: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 Development Plan
and all liens, encumbrances and defects, if any.
i. Paid receipts 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 encompassed in the Final Development Plan for
the year in which it is recorded.
2. Procedure:
a. The final application for approval of the Final Development 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-
inary 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.
V / b. A fee of $10.00 shall accompany the final application for the
V 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
see that all requirements of Florida Statutes, Chapter 177,
have been complied with before the Final Development Plan
is presented to the Clerk of the Circuit Court of Bruvard
County for recording. No Final Development Plan of a
Planned Unit Development within the corporate limits of the
city shall be 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 of, sale of, agreement to sell, or negotiation
to sell land by reference to or exhibition of, or other use
of a Final Development Plan of a Planned Unit Development,
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. The 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.
RPUD: Building Permit and Certificate of Occupancy
**No building permit shall, be issued by the Building Official until the
Final Development Plan has been approved and duly -recorded.
** The Building Official shall issue no certificate of occupancy until .
**As amended.11/14/72
all utilitiies have beenaccepted for any or'all portions of the project
by its applicable au hority in accordance with the Final Development Plan.
RPUD: Physical Review
�T�h`e Ci�t�y sha�il�lhave� t%e,��i+g�ti�tte:�,a;��'uate_ t�ephy;�s�ii�1�� ut, '�arcb�ix=
}
:har.ac,terA:s
rtamervi tires ofx the P..,Ilxanned Un' iifili paj opener,
gent='clYanges, or mod ifeast, ons;desirgned
4 eon. of iit t iekwargeity P A,,usOtaitqiikthirtti the d'evealo merit to -crnsiuqe
Pry ;ec
na'momote'_
heall
7Y
:saaf=,etyan;+
enera)1 We, farce ofothe prop, +.
ownersf%;f
thel enrie0
itta40,464eitiaellaoljii
inn ,ta,Deve4lto
RPUD: Maintenance Warranty Bond
menu andmOe' reWent oof
t 70-,.
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
Section 5 of this Ordinance. Such bond shall be for a period of two
(2) years, shall cover all public improvements installed by the developer
and shall be issued by a company licensed as surety in the State of
Florida, listedby the U.S. Treasury Department and rated A.AAAA in
Best's Insurance Guide.
RPUD: Standards
All lots within the Planned Unit Development shall meet at least the
following minimum requirements
iMinimum,Lot Size for Single Family Detached Residences:
Any lot within the boundaries of a RPUD upon which a single-family
dwelling is to be located shall have a minimum lot size of six
thousand (6,000 ) square feet.
Maximum Lot Coverage: Maximum lot coverage shall be forty (40)
percent for all lots within the Planned Unit Development.
3. Minimum Living Area: A minimum living area of 1,000 square feet
shall be provided for each single family dwelling 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 Requirements: There shall be a minimum setback of 25
feet between any one-story building and all public or private
access right-of-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 11/14/72
-68-
5. Distance Between Buildings: There shall be a minimum distance
between detached buildings as follows:
20 feet for the first two stories
25 feet 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.
**'6. 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 Development if they meet
the minimum City construction standards and are of a design
which meets the approval of the Public Works Official. Private
roads shall not be permitted along the perimeter of the Planned
Unit Development 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
7. Off -Street Parking: Parking standards of this code shall be
adhered to by the developer.
. Buffer Zones: 'Compati`ble__and complimentary buffer areas aTILTIN
LscreeningLshall be provided between primary_residentiaJ�uses
land se0116,670on residential uses within the Planned Unit Es
LDeve_Lopmeht and_ b_etkeen conflicting uses l ocated on theperi pliery
Cof_thedeveTopment and surrounding developments or zonings
-14
Atr ct�=
Minimum Usable Open 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: Density
Density 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
scheduled below:
R- 2
R-3
C-1
RPUD: Termination of Special Exception
Any owner of land which has been designated a Planned Unit Development
special exception can apply to the City for the termination of the
RPUD
25 d.u./ac.
25 d.u./ac.
25 d.u./ac.
**As amended 11/14/72
1n
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 Development for Mobile Home Parks
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 development 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 home
parks shall be the same as for the Residential Planned
Unit Development.
Site and Building Regulations:
(1) Minimum Mobile Home Standards - each mobile home
used for habitation shall have the minimum facili-
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-
(c) An installed flush toilet
(d) Installed electric lighting facilities
(e) Screening, which shall be 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 in good repair, to effectively protect
the occupants from the elements
(g) A minimum of floor area, as determined
by outside dimensions, of five hundred
square feet.
2. Size of Development Site - The minimum size of the site
to be developed for a mobile home park shall be ten (10)
acres.
3. Required Recreation Area - A minimum of 15% of gross land
area, exclusive of required buffer space and street right-
of-way shall be set aside and developed for recreational
purposes for residents of the mobile home park.
4. Minimum Size of Individual Mobile Home Space
a. Mobile home parks shall provide a minimum of four thousand
-72-
I
I
(4,000) square feet per space except that twenty-five (25)
I
percent oflthe spaces to be provided in such park may provide
a minimum area of three thousand two hundred (3,200) square
feet provided that, for each such space, one (1) space shall
be provided with a minimum area of four thousand eight hundred
(4,800) 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
C. 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
individual site requirement, is required for all perimeter
yards except those abutting a public street and/or where
a perimeter 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
-73-
as specified below.
c. All perimeter yard setbacks shall be attractively landscaped
and neatly maintained and shall otherwise 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 mobile home park, and may include but shall not be limited
to, decorative fencing and/or decorative trees and shrubs.
7. 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
home 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 city water and sewer lines and all
electrical, telephone, and CATV lines in a mobile home park shall
be placed underground. Proper and adequate access for fire -fighting
purposes, and access to service areas to provide garbage and waste
collection, and for other necessary services shall be provided.
8. Street Right -of -Way Widths and Improvements
a. Right-of-way widths of public streets serving a mobile
home park shall conform to all applicable minimum stan-
dards of the City of Cape Canaveral and requirements for
such streets.
-74-
**3.
b. Improvemenj of streets inside mobile home parks is required,
subject tothe 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 home parks shall be constructed
to meet the following standards:
(a) Minimum right-of-way width: 32 feet
**(b) Minimum paving width: 22 feet constructed
to conform with adequate construction
standards approved by the Building
Official.
Expansion of Existing Mobile Home Parks: Whenever the
owner of a mobile home 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 Home
Parks shall be the same as for Residential Planned Unit
Development.
**a. Ownership: The site proposed shall be in one ownership, or if
several ownerships, the request for special exception shall be
filed by all owners of the properties included in the plan.
Site Plan: Concurrent with the request, a scaled and dimen-
sioned site plan of the development shall be submitted prepared
by a registered engineer. The site plan shall show, but shall
not be limited to:
(1) Proposed standards for development, including re-
strictions of the use of the property, denisty
standards and yard ard restrictive covenants;
(2) Location of buildings in relation to property and
lot lines;
(3) 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, community
facilities and landscaped areas, walls, patio
and service areas (including garbage disposal
areas), driveways, walkways, as well as provision
for maintenance of all common areas;
(5) Exceptions or variations to the requirements
.of the Zoning Ordinance requested, if any;
**b.
(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
-76-
(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 be installed and maintained shall accompany
the request for Special Exception. The Board of
Adjustment may require the posting of a performance
bond not to exceed 110% of the cost of providing:
(1) the public services customarily supplied by
the City of Cape Canaveral to fill respec-
tive needs for storm, 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 11/14/72
. -77-.
4, Planned Commercial Development
For commercial use or group of commercial uses for which three (3)
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 the timely and logical development of commercial activities
and for the expansion of existing commercial facilities which would
be constructed as a unit; to discourage development of commercial
parcels of size where uncoordinated development would likely result
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 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.
b. Utilities and Services: Structures within the Planned
Commercial Development must be connected to City water
andisewer lines and all utility lines shall be placed
underground. Proper and adequate access for fire -fighting
I ,�
purposes and access to serviceareas to provide garbage and
waste collection, and for other necessary services to be
provided.
c. Zoning Provisions: 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.
d. Street Frontage: The site proposed shall have a minimum
width of 200 feet along a major street frontage.
e. Access Limitations: 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
between any one location and an intersection of two
or more street rights -of -way shall be 100 feet.
f. 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;
(3) parking and service areas and,
(4) landscaped areas.
-79-
g•
The;site plan and supporting data shall also show proposed
staidards for development, including restrictions of the
uselof property; exceptions or variations to the requirements
of the Zoning Ordinance requested, if any; plans for the
provision of utilities, including water, sewer and drainage
facilities; plan for protection of abutting 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
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 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-
posal, water supply and -so forth.
Subsequent to the compliance of the aforementioned
conditions, the customary procedure for granting of
1
a Special Exception by the Board of Adjustment and for
obtaining a building permit shall take effect.
-80-
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-
vironment 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 permit
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.
-81-
b. Zoning Provisions: 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-
imum width of 300 feet along a major street frontage.
d. Access Limitations: Locations for access onto and off
the site shall be confined to rights -of -way which no
residentially zoned property abuts within 400 feet.
The minimum distance between such ingress and egress
shall be at least 200 feet and the minimum distance
between any one location and an intersection of two or
more streets rights -of -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;
(3) parking and services areas, and
(4) landscaped areas.
: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, includingjwater,
sewer and drainage facilities; plans for protection of
abutting 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 that all improvements and protective devices
are to be installed and maintained shall accompany
the 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 pro-
viding:
(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 respec-
tive 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.
_a*2_
Subsequent to the compliance of the aforementioned conditions,
theicustomary procedure for granting of a Special Exception
by the Board of Adjustment and for obtaining a building
permit shall take effect.
-R4-
IX. OFF-STREET PARKING AND LOADING REGULATIONS
1. Off -Street Parking and Loading Requirements
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. Requirements 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
building 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 for ingress or egress in accordance with the
following requirements:
(1) Auditorium, theatres or other places of assembly -
One space for each 3 seats, or seating place or one
space for every 100 square feet of floor area of the
main assembly hall, whichever is greater.
(2) Business or commercial buildings - One space for
each three hundred square feet of gross 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.
-85-
(4) Clubs or lodges - One space for each 3 seats or
seating places or one space for each 100 square
feet of floor area of the main assembly 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.
(8) 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) Nursing or convalescent homes and sanitariums
One space for each four patient beds.
(11) Office and Professional Buildings (excluding
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 room,
whichever is greatest.
-86-
(13) Resi
fami
dential Uses (including single, two and multiple
ly dwellings, RPUD, and mobile homes) - Two
spaies for each living unit.
(14) Restaurants or other eating places - One space for
each three seats or seating places.
i
(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 space per classroom plus one space for each
administrative office.
(17) Transient lodging facilities - One space for each
sleeping unit, plus one space for each 12 sleeping units
for employee parking.
(18) All 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
the 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
-87-
that one-half the total number of required spaces
for multiple -family dwellings, townhouses, and mobile
homes may be located in a common 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 on
the same lot or not more than five hundred feet
distant.
(3) Parking requirements for two or more 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 automobile may be parked and un-
parked without moving another.
2. Off -Street Loading
a. Requirements for Off -Street Loading Spaces:
(1) Every permitted use requiring the receipt or
**As amended 11/14/72
_QQ_
I '
distribution by vehicles of materials or mer-
chaidise and having a floor area of ten -thousand
square feet or more shall have at least one Per-
manently maintained off-street loading space for
each ten -thousand square feet, or fraction thereof
of gross floor area.
(2) Single -occupancy retail operations, wholesale and
industrial operations with a gross floor area of
less than ten thousand square feet shall provide
sufficient receiving space on the property so as
not to hinder the movement of vehicles and pedes-
trians over a sidewalk, 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 following minimum dimensions:
length, forty-five feet; width, twelve feet; height,
fourteen feet.
1
X. HOME OCCUPATIONS
1. In anyidistrict where a home occupation is allowed, it shall
be clearly incidental and secondary to the use of the dwelling
for dwlelling purposes and shall not change the character thereof.
When permitted, home occupations shall be conducted in accordance
with the following provisions:
a. No person other than members of the family residing on
the premises shall be engaged in such occupations.
b. There shall be no display of goods visible from any
street.
c. A non -illuminated 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. No home occupation shall occupy an area greater than
twenty-five (25%) of the first floor area of the res-
idence, exclusive of the area of any open porch or
attached garage or similar space not suited or intended
for occupancy as living quarters. No rooms 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.
-90-
e. No home occupation shall be conducted in an accessory
building; such occupation must be conducted in the
main residence.
f. No 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
(3) horsepower, or one (1) horsepower for any single
motor.
No equipment or process shall be used in such home
occupation which creates noise, vibration, glare„
fumes, 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 in any radio or television receivers off the
premises, or causes fluctuations in line voltage off
the premises.
h. Occupations which generate greater volumes of traffic
than would normally be expected in a residential neigh-
borhood, such as barber shops, beauty shops, public
dining or tea room facilities, antique or gift shops,
fortune telling or clairvoyance, repair shops are
prohibited.
g•
-91-
i
XI. PERFORMANCE STANDARDS
1. Application of Performance Standards
a. Any use, building, structure, or land developed, con-
structed or used for any permitted principal use, or
any use permissible as a special exception, or any
accessory use, shall comply with all of the performance
standards herein set forth.
b. If any existing use or building or other structure is
extended, enlarged, or reconstructed, the performance
standards involved shall apply with respect to such
extended, enlarged, or reconstructed portion or portions
of such use, building, or other structure.
c. Within 24 months of the adoption of this ordinance, all
existing uses, buildings, or other structures shall
comply with the performance standards herein set forth,
provided, however, that if the Board of Adjustment finds
that because of the nature of the corrective action re-
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-
l'ation 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
-92-
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 for 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 Noise and Other Sounds
Z24.3-1944, American Standards Association, Inc.,
New York, New York, and American Standards Speci-
fications for an Octave -Band Filter Set for the
Analysis of Noise and Other Sounds, Z24-10-1953,
American Standards Association, Inc., New York,
N.Y.).
(2) Locational requirement for measurement: Sound
levels shall be measured along the boundaries
of the site.
-93-
(3) Permitted sound levels:
Maximum Sound Pressure Level in Decibels
(0.0002 dynes per sq. centimeter)
Octave Band Along Residential Along Commercial & Industrial
(Cycles per Second) District Boundaries District Boundaries
I
0-75 69 79
75-150 54 74
150-300 47 66
300-600 41 59
600-1,200 37 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 -weighed filter, and approved
for use by the Florida State Board of Health,
Bureau of Sanitary Engineering.
-94-
(3) Locational requirements for measurement: The'
amount of particulate matter shall be measured
at the property line of the use from which such
particulate matter is emitted.
(4) In the event that a high volume sampler is not
available, 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, provided
however, that smoke equal to but not in excess
of that shade of appearance described as Number
2 on the Ringlemann Chart may be emitted for a
period or periods totaling four minutes in any
thirty minutes. For the purpose of grading the
density of smoke, the Ringlemann Chart, as pub-
lished and used by the United States Bureau of
Mines, and which is hereby made, by reference,
a part of these regulations, shall be the standard.
All measurements shall be at the point of emission
for this period of measurement.
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 be objectionable
or offensive at the specified points of measurement.
j(2) Method of measurement: A noxious concentration
shall be deemed to be the point at which the
threshold of smell can be achieved.
(3) Locational requirement: Noxious odors shall be
measured as specified at a point 25 feet from
the point of origin.
d. Toxic Gases, Fumes, Vapors and Matter:
(1) All uses shall be controlled to prevent the 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.
e. Vibration Standards:
(1) Requirements: All uses shall be controlled to
prevent the transmission of any vibration, from any
source or at any time whatever, that exceeds the
maximum displacement set forth in subsection (4)
below.
(2) Method of measurement: The displacement of earth
caused by vibration shall be measured in inches
by an appropriate instrument approved by the
City Council upon recommendation of the City
Engineer.
-96-
(3) Location requirement: Vibration shall, be measured
a's specified along the
boundaries of the site.
(4) Piermitted vibration transmissions:
Frequency Maximum Permitted Displacement
(Cycles Per Second) Along the Property Line (in inches)
0 to 10 .0008
10 to 20 .0005
20 to 30 .0002
30 to 40 .0002
Over 40 .0001
f. Glare 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
as a consequence of such glare or light. Locations re-
quiring some means of preventing the transmission of
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
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-
J•
Distance from
Site Boundary
50 feet
60 feet
70 feet
80 feet
90 feet
100 feet
Required Minimum Elevation
(for lighting sources or elements)
20 feet
19 feet
18 feet
17 feet
16 feet
15 feet
g. Electromagnetic Radiation:
(1) Requirements: All uses shall be controlled to
prevent any source of electromagnetic radiation
which does not comply with the current regula-
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:
Each use shall be so operated as to minimize the danger
from fire and explosion and to comply with the fire regu-
lations.
Radiation Hazards:
Applicable standards of the Florida State Board of Health
Sanitary Code are hereby adopted.
-98-
k. Stream Poll
No effluent
tants:
shall be discharged into any stream or water-
way. Discharges into the City of Cape Canaveral sewerage
system shall.' be as approved by the City Engineer.
-99-
XII. SUPPLEMENTARY DISTRICT REGULATIONS
1. Building Setback Lines
a. For the purpose of promoting health, safety and general
welfare of the community, and to lessen congestion in the
streets; secure safety from fire, panic, storm, 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. S. Highway A1A
(a) Setback on east side from southern city
boundary north to Range Line 23 will be
fifty (50) feet from highway right-of-way
and setback on east 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 A1A from southern
city boundary to northern city boundary
shall be a minimum of seventy-five (75)
feet from the highway right-of-way.
-100-
(2) North(Atlantic Avenue (that portion of North
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 center 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 zoning 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 met for each structure as though it were on an individual
lot.
3. 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. Sills 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.
e. Hoods, canopies, or marquees may project not over 3 feet
into a required yard.
f. Fences, 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 and two family
dwellings.
-102-
h. In the Commercial 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.
* *1. Other than listed above in (g) and (h), no required land-
j•
scape buffer shall be used for any parking space or
backout area.
Open, unenclosed porches, 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 De erected in any required front or
side yard, and shall not cover more than 30% of any required rear
yard. No separate accessory structures shall be erected within 10
feet of any building on the same lot nor within 15 feet of any
lot line and shall not exceed 24 feet in height. Accessory buildings
shall be constructed simultaneously with, or following, the con-
struction of the main building. No home occupation or business may
be conducted in an accessory building. No accessory building which
contains living quarters shall be built on any lot in any resi-
dential district except servants quarters for persons other than
the immediate family, employed on the premises.
**As amended 11/14/72
-103-
* *5.
Visibility at Intersections
On a cdrner 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
street right-of-way line located 25 feet from the point of
the intersection of the street right-of-way lines.
*6. Fences, Walls and Hedges
Not withstanding other provisions of this ordinance, fences,
walls, and hedges may be permitted 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 six (6) feet in height nor over four (4)
feet in height along any front yard.
7. Exceptions to Height Regulations
The height limitations contained in the Schedule of District
Regulations do not apply to spires, belfries, cupolas, anten-
nas, water tanks, ventilators, chimneys, or other appurtenances
usually required to be placed above the roof level and not
intended for human occupancy.
8. Structures to Have Access
Every building shall be 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 11/14/72
-104-
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 Camping Equipment for Living or
Occupancy Purposes
a. No person shall occupy or reside in any travel trailer,
camper (truck mounted), motor travel home, or tent in
any location within the City other than a duly licensed
and approved trailer park, except as hereinafter pro-
vided.
b. Any person desiring to locate their travel trailer,
camper trailer, camper (truck mounted), motor travel
home, or tent in any space other than a duly licensed
and approved trailer park as aforesaid, shall be re-
quired to secure written permission from the City Man-
ager. All such permits issued under this section
shall be temporary and shall expire at the time desig-
nated in the permit.
c. Nothing contained herein shall be deemed to prevent, or
prohibit, or make unlawful the parking of any of the
aforementioned recreational or camping equipment in the
yard of any resident within 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-
10. Parking and Storage of Certain Vehicles
Automotive 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.
11. Minimum Width of Courts
The minimum width of a court shall be 30 feet for one-
story buildings, 40 feet for two-story buildings, 50 feet
for three-story buildings, and 60 feet for four-story build-
ings. For 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 may project into a required court
not more than twenty-five (25) percent of the width of
such court.
12. Water Areas
All areas within the city which are under water and not
shown as included within any district thall be subject
to all the requirements of the district which immediately
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 straight
line as projected until they intersect a projected line
from other district boundaries.
-106-
13. Landscaping and Screening for Commercial and Industrial Zoning
Districts
Wherever the boundary of a commercial or industrial zoning
district abuts upon a residential zoning district, a visual
screen shall be provided within the yard setbacks of such
commercial 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 zoning district
boundary which abuts upon any residential zoning
dis-
trict.
b. 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 be not less than four (4)
feet in height nor more than six (6) feet in height.
c. Landscaping area for parking 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 ground cover
d. All areas not paved shall be landscaped with grass,
hardy shrubs or evergreen ground cover
e. Location of screening andlandscaping and subsequent
maintenance shall be subject to the approval of the
Building Official.
-107-
14. Sewage Disposal
Regardless of other provisions of this ordinance, under all
classifications and in all districts, whether residential,
business or industrial, where no public sewer system exists,
there shall always be sufficient grouna left unoccupied by a
structure for a proper system of "sewage disposal" in full
compliance with the plumbing and other ordinances of the
City of Cape Canaveral and requirements of the Florida State
Health Department. No building 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. Swimming 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 orscreenenclosure 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
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traverse the property as a function of the primary use, in-
cluding but notilimited 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 Health 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 Business Licensed by the .Florida Beverage
Department Controlled
A vendir licensed by the Florida Beverage Department shall not be
permitted to conduct his 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
permits on -premise consumption 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
consumption of beverages.
c. Exceptions 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 thorough-
fare from the main entrance of said places of business to the
main entrance of the church or other place of business licensed
by the Florida Beverage Department. In the case of a school
or playground, the nearest property point shall be used.
***21. Restaurant or Cocktail Lounges Size and Seating Controlled In
Allowing On -Premise Consumption of Liquors
Forlon-premise consumption of liquors, restaurants oricocktail
lounges shall have a building area of two thousand (2,000)
square feet and a seating capacity of one hundred (100) patrons.
***As amended 12/5/72
_iin_
XIII. ADMINISTRATION ANDENFORCEMENT - BUILDING PERMITS AND CERTIFICATES
OF OCCUPANCY
1. Administration
and Enforcement
The Building Official, under the supervision of the City Manager
or department head duly delegated and appointed by the City Manager,
shall administer and enforce this ordinance. He may be provided
with assistance of such other officers and employees of the City
as may be necessary to enforce the provisions of this ordinance
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. He shall order
discontinuance of illegal work being done; or shall take any other
action authorized by this ordinance to insure compliance with or
to prevent violation of its provisions.
2. Building Permits Required
a. No building or other structure shall be erected, moved,
added to, or structurally altered without a permit 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 form of an administrative review, 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
-111-
requiring the correction of errors in said plans and
speFifications or preventing the building operations
being carried on thereunder when in violation of this
ordinance, or any City ordinance.
***3. Application for Building Permit
All applications for building permits for any structure and
its accessory buildings shall be accompanied by five copies
of a structural,drawing at.a scale acceptable to the building
official, in duplicate, showing the following:
a. The actual dimensions and shape of the lot or lots to be
built upon; including the location and actual boundaries
of said lots of any abutting watercourses and water bodies;
b. The exact dimensions and locations on the lot proposed and
existing buildings;
c. The dimensions of the proposed buildings or alterations;
d. The location and layout of the proposed sewerage system;
e. The required parking spaces, loading and unloading spaces;
maneuvering space and openings for ingress and egress;
f. When applicable, grading and drainage plans showing any
and all cuts, fills and provisions for adequately carrying
off surface water on premises plus provisions for any
:surface water which would naturally flow over or through
the area.
'Such other information as lawfully may be required by the
Building Official, including existing or proposed building
***As amended 12/5/72
-112-
or alteration; existing or proposed uses of the building
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 ma-ters
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 Chairman
4. Beautification Board Chairman
*5. Florida Department of Natural Resources
*A11 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
spacingiof water mains and fire hydrants are adequate;
I '
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
Code aid 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, Drainage, Paving, Grading facilities are adequate,
and other review as may be requested by the Building Official.
c. The Zoning and Planning 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. Within two weeks from the time said plan is received by
the various department heads and chairmen of the various
boards, they shall submit, in writing, to the Building
Official, a report commenting 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.
Three copies of the plans shall be returned to the applicant -
by the Building Official, after he shall have marked such
copies either as approved 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
retained by the Building Official.
g•
-114-
h. In the eventjany of the above department heads or board
chairmen arel.not available to review said plans, the City
Manager shall havethe authority .to review plans in their
behalf and submit the required report, or otherwise dele-
gate said authority to review, as he may deem adequate.
4. Certificate of Occupancy Required
No land or building or part thereof hereafter erected or altered
in its use or structure shall be used until the Building Official
shall have 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 provisions of this
ordinance. Within three (3) days after notification that a
building or premises, or part thereof, is ready for occupancy
or use, it shall be the duty of 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
pending 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 persons
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 permit shall not proceed unless and until a
new building permit has been obtained.
6. Construction and Use to be as,Provided in Applications, Plans,
Permits, and Certificates of Occupancy
Building permits 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 applications. Use, arrangement,
or construction at variance with that authorized shall be deemed
a violation of this ordinance.
-116-
XIV. BOARD OF ADJUSTMENT: ESTABLISHMENT AND PROCEDURE
**A Board of
Adjustment is hereby established, which shall consist of
five members appointed by City Council. In addition, the Chairman of
the Zoning and Planning Board or his due representative shall be an
ex-officio'member of the Board of Adjustment.
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
the chairman and at such other times as a majority of the
Board of Adjustment may determine. The chairman, or in his
absence the acting chairman, may administer oaths and compel
the attendance 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 of the City Clerk for the Board of Adjustment.
**As amended 11V14/72
_117 -
XV. BOARD OF ADJUSTMENT: POWERS AND 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 (60) days of the date of said decision, or
such lesser period as may 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 Building 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,-
notice to the parties in interest, and decide the same
withiln 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 whom the appeal is taken certifies
to the 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 opinion, cause imminent
peril 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 Record on application, on notice to the admini-
strative official charged with the enforcement of this
act and from whom the appeal is taken and on due cause
shown.
2. Special Exceptions: Conditions Governing Applications; Procedures
To hear and decide only such special exceptions as the Board of
Adjustment is specifically authorized to pass on by the terms -
of thi's ordinance; to decide such questions as are involved in
determining whether special exceptions should be granted; and to
grant!epecial exceptions with such conditions and safeguards as
are appropriate under this ordirance or other applicable ordi-
nances; or to deny special exceptions when not in harmony with
-119-
.
the purpose and intent of this ordinance,
A special exception
shall not be granted by the Board of Adjustment unless and until:
a. A written application for a special exception is submitted
indicating 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 recommen-
dation. The Board of Adjustment shall consider the rec-
ommendation of the Zoning and Planning Board as part of
the official record when hearing an application for a
special exception.
c. Notice 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 notified by certified mail. Notice of such hearing
shall be posted on the property for which special ex-
ception is sought, at the City Hall, 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 hereunder.
-120-
e. Any,pahty may appear in person, or be'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 in 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 exceptions,
and that satisfactory provision andarrangement has been made
concerning the following, where applicable:
a. Ingress and egress to property and proposed structures
thereon with particular reference to automotive 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 required,
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.
�n,
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.
h. Height.
i. Landscaping
j. Renewal and/or termination dates.
k. That the use will be reasonably compatible 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 land values, and other factors that may be
used to measure compatibility.
In granting any special exception, the Board of Adjust-
ment may prescribe appropriate conditions and safe-
guards in conformity with this ordinance. i;olta -,i?on
af:.`s�,uch�•condiliitl,oms, andrrsafegu_ards h'en made�ra+ par3t of
theAte1,55:Ande0Which,,the ripeC;irasl dxcep:tiligu''s grra ed,
�a�1�A�deemed�ovbe�:aa�v��o�ldas't�ilori�of"'t 'r�s�o'rd�jnarce,�,
arnOpuni s_b'ab)l e -aVRrgv rde`d bc%.itlijhs?:or r� n cep
3. Variances; Conditions Governing Applications: Procedures
To authorize upon appeal in specific cases such variance
from the terms of this ordinance as will not be contrary
to the public interest where, owing to special conditions
-122-
a literal enforcement of the provisions of this ordinance
would result in unnecessary hardship. A variance from
the terms of this ordinance shall not be granted by the
Board of Adjustment unless and until:
a. A written application for a variance is submitted
demonstrating:
(1) 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 structures in the same dis-
trict.
(2) That literal interpretation of the pro-
visions of this ordinance would deprive
the applicant of rights commonly enjoyed
by other properties in the same district
under the terms of this ordinance.
(3) 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
snot confer on the applicant any special
privilege that is denied by this ordinance
to other lands, structures or dwellings in
the same district.
No non -conforming use of neighboring lands, structures
or buildings in the same district, and no permitted use
i
of ;land, structures or buildings in other districts shall
be considered grounds for the issuance of a variance.
b. All 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 recommendation
of the Zoning and Planning Board as part of the official
record when hearing an application for a variance.
c. Notice of public hearing shall be given as specified for
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.
f. The Board of Adjustment shall make findings that the require-
ments of 3-a (above) have been met by the applicant
for a variance.
g. The Board of Adjustment shall further make a finding
that the reasons set forth in the application justify
the granting of the variance, and that the variance is
the minimum variance that will make possible the reas-
onable use of the land, building or structure.
h. The Board of Adjustment shall further make a finding
-124-
that the granting of the variance will be in harmony
with the general purpose and intent of this ordinance,
will notjbe injurious to the neighborhood, or ptherwise
detrimental to the public welfare.
In granting any variance, the Board of Adjustment may prescribe
appropriate conditions and safeguards in conformity with this
ordinance. Violation of such conditions 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. Applicants
All hearings for Special 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 consrmt; (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.
-125-
5. 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
-126-
XVI. APPEALS FROM THE BOARD OF ADJUSTMENT
* *Any.person or prrsons', jointly or severally, aggrieved by any decision
: of the Board oflAdjustment, 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
-127-
XVII. DUTIES Or BUILDING OFFICIAL, BOARD OF ADJUSTMENT, CITY COUNCIL
ON MATTERS OF APPEAL
It is the, intent of this ordinance that all questions of inter-
pretation and enforcement shall be first presented to the Building
Official, and that such questions shall be presented to the Board
of Adjustment only on 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 considering
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.
-128-
XVIII. AMENDMENTS: -
The regulations, 'restrictions and boundaries set forth in this ordi-
nance may, from 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 be proposed by (1) City Council;
(2) Zoning and Planning Board; (3) any Department
or Agency of the City; (4) any individual, corporation
or agency.
All proposed amendments shall be submitted to the Zoning
and Planning Board for study and recommendation. The —
Zoning and Planning Board shall study such proposals to
etermine: (1) the need and justification for the change
/
) when pertaining to the rezoning of land, the effect
of the change, if any, on the particular property and on
surrounding properties; (3) when pertaining to the rezon
of land, the amount of undeveloped land in the general area
and in the City having the same classification as that
requested; and (4) the relationship of the proposed
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 recommendation.
d. No recommendation 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 Hall.
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.
f. When any proposed change of a zoning district boundary
lies 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 give such body an
opportunity to appear at the hearing and express ,its
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
classification is proposed to be changed. Such notice
shall be mailed 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
classification, and the time and place of any scheduled
hearing concerning the proposed zoning change. Prior
to 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 provisions of this section. The filing
of said affidavit shall be prima facie proof of compli-
ance with the requirements of this Section. A failure
,t 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
district to which the particular property is proposed to be
rezoned.
3. Reconsideration of District Boundary Changes
When a proposed change in district boundaries has been acted
upon by the City Council and disapproved or failed to pass,
such proposed change, in the same or substantially similar
form, shall not be reconsidered by the City Council for a
period of two years. Such restriction shall not apply to
the property owner if the original request was initiated
by the City Council, Zoning 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. SCHEDULE 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
Application for a special
exception or variance
Appeal of administrative
decision
$100.00
$ 75.00
$ 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. When, 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, depositeJ in
the general fund of the City.
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XX. PROVISIONS OF ORDINANCES DECLARED TO BE MINIMUM REQUIREMENTS
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.
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XXI. COMPLAINTS 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. He shall record properly
such complaint, immediately investigate, and take action thereon
as provided by this ordinance.
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XXII. PENALTIES 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 imprisioned 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.
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XXIII. 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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XXIV. DEFINITIONS
For the purposes of this ordinance, certain terms or words
herein shall be interpreted as follows:
The word person includes a firm, association, organization
nership, trust, company, or corporation as well as an indi,
The present tense includes the future tense, the singular i
includes the plural, and the plural number includes the sii
The word shall is mandatory; the word may is permissive.
The words used or occupied include the words intended, des!
or arran ed to be used or occupied.
The word lot includes the words plot or parcel.
I. Accessory Use - A use or structure on the same lot witk
and of a nature customarily incidental and subordinate
the principal use or structure.
2. Alcoholic Beverage - As defined by section 561.01 (7),
Statutes.
3. Alley - Any public or private right -of -way set aside fo
secondary public travel and servicing which is less tha
thirty (30) feet in width.
4. Apartment - See Dwelling, Multiple Family
5. Apartment Hotel - A building designed for or containing
apartments and individual guest rooms or rental units,
resident supervision and which maintains an inner- lobb
through which all tenants must pass to gain access to al
ments, rooms or units.
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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 wagons, but shall not include tractors,
construction equipment or machinery or any device used for per-
forming a job except as stated above.
Awning - A detachable, rooflike cover, supported by the walls
of a building for protection from sun or weather.
Automotive Repair Facilities-- This term shall include all
mechanical engine overhaul or repair, and body work and
painting of automotive vehicles.
Boarding House - See Rooming House.
Buildable Area - The portion of a lot remaining after
required yards have been provided.
Building Official -The official charged with the administration
and enforcement of this ordinance as provided for in Section
XIII.
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 all types, storerooms, billboards,
signs, gasoline pumps and similar structures whether stationary
or movable.
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13. Camper (Truck Mounted) - A portable structure designe
be mounted on a truck or similar type vehicle for the
purpose of converting said vehicle into a movable liv
unit and customarily used for recreational or camping
14. Camper Trailer - A movable living unit or similar por
structure having no other foundation other than wheel!
or blocks, designed to be moved from one location to
by passenger automobile, may be collapsible and custor
used for recreational and camping pursuits, not in ex4
fourteen feet in length.
15. Clinic - An establishment where patients are not lodg(
overnight, but are admitted for examination and treatn
by a group of physicicans or dentists practicing medic
together. The term does not include a place for the 1
of animals.
16. Common Open Space - A parcel, parcels or area of land
land and water, other than a dedicated canal, within t
site zoned for townhouse residential or used for plann
unit development and designed and intended for the use
enjoyment of residents living within the zone or devel
area. Common open space may contain such complementar
structures and improvements as are necessary and appro
for the benefit and enjoyment of the said residents.
17. Convalescent Home - A building where regular nursing c
provided for more than one person not a member of the
which resides on the premises.
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3. Court - An unoccupied open space on the same lot with the
principal building and enclosed on at least three adjacent
sides by walls of the principal building.
�. 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.
). 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, parking
areas, public and private roads, and common open space.
Development Schedule - Development Schedule is a comprehensive
statement showing 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 Development
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.
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.
.Dwelling, Single Family - A detached residential dwelling unit
other than a mobile home, designed for and occupied by one
family only. -141-
24. Dwelling, Mobile Home - A detached residential dwelli
over eight (8) feet in width, designed for transportz
after fabrication, on streets or highways on its own
or on flatbed or other trailers, and arriving at the
where it is to be occupied as a dwelling unit complet
ready for occupancy except for minor and incidental u
and assembly operations, location on jacks or other t
or permanent foundations, connections to utilities, a
like. A travel trailer nor a mobile camper is to be
sidered as a mobile home.
25. Dwelling, Two Family - A detached residential buildin
taining two dwelling units, designed for occupancy by
more than two families.
26. Dwelling, Multiple Family - A residential building de
for or occupied by three or more families, with the n
of families in residence not exceeding the number of
units provided.
27. Dwelling Unit or Living Unit - One room, or rooms con
together, constituting a separate, independent housek
establishment for owner occupancy, or rental or lease
weekly, monthly, or longer basis, and physically sepa
from any other rooms or dwelling units which may be i
same structure, and containing independent cooking an
facilities.
28. Family - An individual or a group of persons related
other by blood or marriage or a group of not more tha
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persons who are not necessarily so related, living together
under one roof as a single household unit.
a. Fence - A structure forming a physical barrier which is so
constructed that no less than 50 percent of the vertical
surface is open to permit the transmission of light, air,
and vision through such surface in a horizontal plane.
). Final Application - Final Application for approval of the Final
Development Plan and for approval of the required exhibits
as specified in this Ordinance.
I. Final Development Plan - Final Development Plan is the Develop-
ment Plan approved by the Council and recorded with the Clerk
of the Circuit Court of Brevard County according to the provisions
of.this Ordinance.
?. Floor Area - The sum of the gross horizontal areas of the
several floors of a building or buildings, measured from the
exterior 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.
1. Floor Area Ratio - The floor area of the building or buildings
on any lot divided by the area of the lot.
. 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,
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such quarters having no kitchen facilities or separa
meters and not rented or otherwise used as a separat
35. Hedge - A row of bushes or small trees planted close
in such a manner as to form a boundary or barrier.
36. Height of Building - The vertical distance from the
average sidewalk or street grade or finished grade a
building line, whichever is the highest, to (a) th
point of a flat roof; (b) the deck line of a mansar
(c) the average height between the eaves and ridge
hip and gambrel roofs.
37. Home Occupation - Any occupation conducted entirely
dwelling unit and carried on by an occupant thereof,
occupation is clearly incidental and secondary to th
the dwelling for dwelling purposes and does not chan
residential character thereof.
38. Hospital - A building or group of buildings, having
ties for one or more overnight patients, used for pr
vices for the in- patient medical or surgical care of
injured humans, and which may include related facili
as laboratories, out - patient departments, training f
central service facilities, and staff offices; provi
that such related facility must be incidental and su
to the main use and must be an integral part of the
operations.
39. Hotel - A building in which lodging, or boarding and
is provided and offered to the public for compensati
in which ingress and egress to and from all rooms ar
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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.
.0. 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.
I. Landscaping - The arrangement of vegetation such as trees,
bushes and grass, together with other suitable materials in
complementary fashion over a tract of land for aesthetic
effect.
2. Living Area - The minimum floor area of dwelling as measured
by its outside dimensions exclusive of carports, porches,
sheds, and attached garage.
3. Loading Space, 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 loading space is not to be included as off - street
parking space in computation of required off - street parking
space.
1. Lodging House - Same as Rooming House.
For purposes of this ordinance, a lot is a parcel of
land of at least sufficient size to.meet minimum zoning
requirements for use, coverage, and area, and to provide such
-145-
yards and other open spaces as are herein required.
lot shall have frontage on an improved public street,
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 of record, of comf
lots of record and portions of lots of record, or
portions of lots of record;
d. A parcel of land described by metes and bounds; F
that in no case of division or combination shall
dual lot or parcel be created which does not meet
quirements of this ordinance.
46. Lot, Corner - A lot located at the intersection of tM
more streets. A lot abutting on a curved street or s
shall be considered a corner lot if straight lines dr
the foremost points of the side lot lines to the fore
of the lot meet at an interior angle of less than 135
47. Lot Dimensions -
(a) Depth - of a lot shall be considered to be the d
between the midpoints of straight lines connecti
foremost points of the side lot lines in front a
rearmost points of the side lot lines in the rea
(b) Width - of'a lot shall be considered to be the d
between strai'ght lines connecting front and rear
required front yard, provided however, that widt
side lot lines at their foremost points (where t
sect with the street lines) shall not be less th
cent of the required lot width except in the cas
. A I
requirement shall not apply; provided, however, that all
lots shall have a minimum of 25 feet facing a street.
.8. Lot, Frontage - The front of a lot shall be construed to be
the portion nearest the street. For the purpose of determin-
ing yard requirements on corner and through lots, all yards
of a lot adjacent to a street shall be considered frontage.
.9. Lot, Interior - A lot other than a corner lot with only one
frontage on a street.
.0. Lot Line - The boundary line of a lot.
1. 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 date of this ordinance.
2. 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 a through lot.
3. Lot, Through - 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.
4. Major Recreational Equipment - Boats and boat trailers, travel
trailers, pickup campers or coaches (designed to be mounted
on automotive vehicles), motorized dwellings, tent trailers,
and the like, and cases or boxes used for transporting recrea-
tional equipment, whether occupied by such equipment or not.
5. Marina - A place for docking boats or providing services to
boats and the occupants thereof, including servicing and repair
to boats, sale of fuel and supplies, and provision of food,
beverages, and entertainment as accessory uses. A yacht club
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requirement shall not apply; provided, however, that all ,
lot's'shal1 . Have a`minimum of. 25"feet 'facing'a' street.
'° " 3'it, `Fron'tage'= `The front of; a lot sh`aTl be'donstrued to be
the'polrtion nearest thestreet: For'ahe'purpose of determin-
ing yard requirements on'corner and through' lots; all yards
of a lot adjacent-to'a street shall be considered frontage.
49._= Lo"t, 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 date of this ordinance.
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 a through lot.
53. Lot, Through - 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 Equipment - Boats and boat trailers, travel
trailers, pickup campers or coaches (designed to be mounted
on 'automotive vehicles), motorized dwellings, tent trailers,
and the like, and cases or boxes used for transporting recrea-
`tional_equipmeht, whether occupied by such equipment or not.
Marina - A place for docking boats or providing services to
"boats and the occupants thereof, including servicing and repair
to,`b'oats, sale of fuel and supplies, and provision of food,
beverages, and entertainment as accessory uses. A yacht club
shall be considered as a marina, but a hotel, motel,
use, where docking of boats and provision of service!
is incidental to other activities shall not be consii
a marina, nor boat docks accessory to a multiple fam-
ling where no boat - related services are rendered.
516. Motel - A building in which lodging, or boarding and
are provided and offered to the public for compensate
such, it is open to the public in contradistinction
ing or lodging house, or a multiple family dwelling;
a hotel, except that the buildings are usually desigi
tourists traveling by automobile, ingress to rooms ni
through a lobby or office, and parking usually is ad,
the dwelling unit.
57. Motor Travel Home - A self - propelled vehicle contain-
facilities and customarily used for camping or recrei
58. Net Residential Acre - The horizontal acreage of a 1(
devoted exclusively to residential uses and their api
accessory uses. Such area shall include the buildin(
recreation areas, open space, swimming pools, parkin(
setback areas and the like. Net residential acreage
include areas used for non - residential purposes, str(
ways, offices, golf courses, or any other use not deg
the exclusive use of the property's residents.
59. Non - Conformity - Any lot, use of land, use of structL
of structure and premises or characteristics of any L
was lawful at the time of enactment of this ordinanc(
does not conform with the provisions of the district
it is located.
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60. Occupied - The use of a structure or land for any purpose
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. Not 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.
i2, Patio - See paragraph 83 Terrace.
i3. 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.
4. 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.
5. 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.
1 3/7/72 -149-
66. Preliminary Development Plan - Preliminary Developmen-
the development plan approved by the Council and file
City Clerk in conjuntion with approval by the City of
Unit Development special exception.
67. Principal Use or Structures - A building in which is i
the principal use of the lot on which it is situated.
residence district any dwelling shall be deemed to be
cipal building on the lot on which the same is situatc
attached carport, shed, garage, or any other structurc
one or more walls or a part of one wall being a part c
principal building and structurally dependent, totally
part, on the principal building, shall comprise a pars
principal building and and be subject to all regulatic
to the principal building. A detached and structurall
pendent carport, garage, or other structure shall coni
the requirements of an accessory building. A detaches
structurally independent garage, carport, or other stv
conforming as an accessory building may be attached tc
principal building by an open breezeway not to exceed
feet in width. A connecting breezeway in excess of si
feet and enclosed on one or both sides, including lou%
lattice or screening, shall cause the entire structurE
construed as the principal building and shall be subjE
regulations applicable to the principal buildinq.
68. Public Use - Any use of land or structures owned and c
by a municipality, county, state or the federal goverr
any agency thereof and for a public service or purbosE
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69. Required Yard - The open and unencumbered space required to be
between any lot line and the nearest part of a Drincipal
building. See Yard.
70. Residential 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 pay to any Derson
not residing on the premises.
72. Rooming House - A building other than an apartment hotel,
hotel, or motel or motor lodge where, for compensation and
prearrangement for definite periods, lodging, meals, or
lodging and meals are provided for three or more persons
but not exceeding 20 persons.
'3. Service Station - Buildings and premises where gasoline, oil,
grease, batteries, tires, and automobile acc jsDrUs may be
supplied and dispensed at retail, and where in addition the
following services may be rendered and sales made, and no
other:
a. Sale and servicing of spark plugs, batteries, and dis-
tributor parts;
b. Tire servicing and repair, but not recapping or regrooving;
0 Replacement of mufflers and tail pipes, water hose, fan
belts, brake fluid, light bulbs, fuses, floor mats, seat
covers, windshield wipers and wiper blades, grease re-
tainers, wheel bearings, mirrors, and the like;
d. Radiator cleaning amd flushing;,;
e. Washing and polishing, and sale of automotive washing
and polishing materials
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69. Required Yard - The open and unencumbered space required,to be
between any lot line and the nearest part of a principal'
building. See Yard.
70. Residential 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 pay to any person
not residing on the premises.
72. Rooming House - A building other than an apartment hotel,
hotel, or motel or motor lodge where, for compensation and
prearrangement for definite periods, lodging, meals, or
lodging and meals are provided for three or more persons
but not exceeding 20 persons.
73. Service Station - Buildings and premises where gasoline, oil,
grease, batteries, tires, and automobile ar___cassn- es may be
supplied and dispensed at retail, and`where in addition the
following services may be rendered and sales made, and no
other:
a. Sale and servicing of spark plugs, batteries, and dis-
tributor parts;
b. Tire servicing and repair, but not recapping or regrooving;
c., Replacement of mufflers and tail pipes, water hose, fan
belts! brake fluid, light bulbs, fuses, floor mats, seat
covers, windshield wipers and wiper blades, grease re-
0 R
3 g-r 7-3 tainers, wheel bearings, mirrors, and the like;
d. Radiator cleaning and flushin 1 s -, '
e. Washing and polishing, and sale of automotive washing
and polishing materials
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f. Greasing and lubrication;
g. Providing and repairing, fuel pumps and lines;
h. Minor servicing and repair of carburetors;
--- --?o i . Emergency wiring repairs;
j. Adjusting and repairing brakes;
k. Minor motor adjustments not- - -TnvoTVtrq-- -reme-v-zrt:=tf
h -or erxmkcase`4-e l -met irrthe -- motor;
1. Sale of cold drinks, package foods, tobacco, and
convenience goods for service station customers,
accessory and incidental to principal operation;
m. Provision of road maps and other informational m
to customers, provision of restroom facilities;
n. The rental of moving or travel trailers . i"f� t�
Use permissible at a service station do not incl
x_31 body work, straightening of
parts, painting; welding, storage of automobiles
operating condition, or other work involving not
fumes, smoke, or other characteristics to an ext
than normally found in service stations. A sery
is not a major repair garage nor a body shop.
74. Sign - any device to inform or attract the attention
not on the premises on which the sign is located, pr
however, that the following shall not be included in
cation of the regulations herein: ---
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a. Signs not exceeding one square foot 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 commercial 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, trademarks, moving parts, or moving lights;
e. Signs directing and guiding traffic and parking on private
property, but bearing no advertising matter.
75. Signs, Number and Surface Area - For the purpose of determining
number of signs, a sign shall be considered to be a single
display surface or display device containing elements organized,
related, and composed to form a unit. Where matter is displayed
in a random manner without organized relationship of elements,
of where there is reasonable doubt about the relationship of
elements, each element shall be considered to be a single sign.
The surface area of a sign shall be computed as including the
entire area within '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-
tising matter shall not be included in computation of surface
area
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76. Sign, On -Site - A sign relating in its subject matter
premises on which it is located, or to products, acco
services, or activities on the premises. On -site sig
include signs erected by the outdoor advertising busi
77. Sign, Off -Site - A sign other than an on -site sign.
78. 3pecial Exception - A special exception is a use that
not be appropriate generally or without restriction t
out the zoning division or district but which, if con
as to number, area, location, or relation to the neig
would promote the public health, safety, welfare, mor
order, comfort, convenience, appearance, posterity, o
welfare. Such uses may be permitted in such zoning d
as special exceptions.
79. Stage - A stage is specified portion of the Planned U!
ment that may be developed as an independent entity tl
delineated in the Preliminary Development Plan and th
Development Plan, and specified within the Developmen
30. Story - That portion of a building included between tl
upper surface of the floor next above, or any portion
building used for human occupancy between the top -mos,
and roof. A basement or cellar not used for human oci
shall not be counted as a story.
81. Street - In addition to the definition contained in CI
hereof, a street for the purposes of this section sha'
public or private right -of -way set aside for public ti
which is thirty (30) feet or more in width.
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a. Street Right-of-way Line - The property line which bounds
the right -of -way set aside for use as a street. Where
sidewalks exist 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 midpoint between the street right=
of -way, or the surveyed centerline of the street.
82. Swimming Pool - Any portable pool or permanent structure con-
taining a body of water 18 inches or more 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 pond
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.
B4. Terrace - An open space adjacent to the principal building
on one or two sides, prepared with a hard, semi -hard, or
improved surface, and uncovered, for the purpose of outdoor
living.
35. 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.
-155-
*85. Townhouse - See Dwelling, Multiple Family
87.. Total Floor Area or Gross Floor Area - The areas of
of a building, including finished attics, finished t
and all covered areas, including porches, sheds, car
and garages.
88. Trailer Park - An area duly licensed by the City of
Canaveral and approved by the Florida State Board of
which is designed, constructed, equipped, operated a
tained for the purpose of providing space for and of
servicing trailers.
89. Travel Trailer - A vehicular, portable structure hav
foundation other than wheels, jacks or blocks, desig
be used as a temporary dwelling unit for travel, rec
and vacation uses, which (1) is identified on the un
classified by the manufacturer as a travel trailer;
is not more than twenty -nine feet in body length.
90.. Vacant - A building or parcel of land which is neith
nor used or is in a nonoperative state for a period
months.
gl. Variance - A variance is a relaxation of the terms o
zoning ordinance where such variance will not be con
to the public interest and where, owing to condition
to the property and not the result of the actions of
applicant, a literal enforcement of the ordinance wo
in unnecessary and undue hardship. As used in this
a variance is authorized only for height, area, size
or size of yards and open spaces; establishment or e
*des amended '11/14/72
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 in an adjoining
zoning district.
92. Wall - 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.
93.. 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.
a. Front Yard - The required yard extending across the
entire width of the lot between the front lot 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
through lots, the rear yard shall be considered
that portion of the lot (other than the front y
which is parallel to the street on which the ad
of the structure is established.
-158-
:TIVE DATE
)rovisions of this ordinance shall become effective
iiately upon its adoption.
!d and approved this 4th day of August, 1971, A. D.
Mayor
to Ost m
y Clerk
First reading: July 20, 1971
Posted: July 21, 1971
Second reading: August 3 and 4, 1971
Posted: August 11, 1971
kpproved as to form:
A
Stanley Wol
City Attorn
- 1 f;a_
*** XXVI. INCORPORATION OF ZONING ORDINANCE IN A CODE PROVIDED.
This Ordinance may be incorporated in a Code of the City
Cape Canaveral with such changes in subdivision heading
identification as the codifier deems appropriate and with
the notice procedures usually required for zoning ordinar
changes. However, in no case shall the substance of a zo
requirement be changed.
-160-
APPENDIX
Page
A
access 104
accessory structures 103
administration review 111, 115
aircraft manufacture M3 52
amendments 29
amusement, commercial Ti 40
annexed land 8
antennas C1,C2,M1,M2,M3 30, 36,44
48,. 52
antique shop T1,C1,C2 40,30,36
apparel T1,C1,C2 40, 30, 36
area and dimension regulations 19, 22,26,
34, 39, 42
47, 51, 53
art gallery T1,C1,C2 40, 30, 36
assembly, places of 85
atomic energy 109
auditorium 85
automobiles C2 36
automobile rental T1,C2,M3, 40, 36, 52
automobile wrecking yard 46
automotive M2,M3 48, 52
B
balcony
bank
C1,C2,T1
102
Page
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, M3 48, 52
Bowling Cl, C2, T1 30, 36, 40
Building 111, 112, 123
building material supply M2, M3 48, 52
building official 58, 66, 92,1(
111, 114, 116,
126,
building permit 108, 111
building setback lines 100, 101
broadcasting towers Cl, C2, Ml, M2, M3 30, 36, 44, 48
C
Cl District
C2 District
canopy
cannery
certificate of occupancy
chimney
clinic
M2
Cl, C2, R1, R2, R3
52
30
36
102
48
109
102,
30, 36, 17, 20,
club Cl, C2, R2, R3, Ti 30, 36, 20,
24, 40
coffee shop Ti, 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, Ti, Cl, 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, M3 48, 52
data processing M1, M2, 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 change 124-127
district boundaries, interpretation 6
district regulations, application 9
drinking establishment Cl, C2, Ti 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
M3, T1 52, 40
dry dock M2, M3 48, 52
dwelling, multiple family
dwelling, single family
dwelling, two family
R2, R3, T1
R1, R2, R3
R2, R3
20, 24, 40
17, 20, 24
20, 24
effective date 159
electrical machinery Ml, M2, M3 44, 48, 52
electromagnetic radiation 98
explosion 98
F
fees 133
fence 102, 104
financial institution Cl, C2, T1 30, 36, 40
fire 98
fire escape 102
fireplace 102
fishing pier Ti 40
fishing tackle T1, Cl, 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
glare
golf course
government institution
government offices
greenhouse
guest cottage
Ti, Cl, C2
R1, R2, R3,
Cl, C2
R3, Cl, C2
R3, Cl, C2, Ti
R1, R2, R3, Cl, C2
Cl, C2, R3
40, 30, 36
97
17, 20, 24
30, 36
24, 30, 36
24, 30, 36, 40
17, 20, 24,
30, 36
30, 36, 24
H
hedge
102
home occupation R1, R2, R3 17, 20, 24
hospital Cl, C2, R2, R3, T1 30, 36, 20, 24, 41
hotel Cl, C2, Tl, R3 30, 36, 40, 24
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 M1, M2, M3 44, 48, 52
intersections 104
3
jewelry Ti, Cl, C2 40, 30, 36
junk yard 46, 50
K
kindergarten R2, R3, T1, 20, 24, 40, 30,
Cl, C2 36
L
laboratory Cl, C2,, MT,M2, M3 30, 36, 44, 4
52
land, non -conforming lZ
laundromat TT, CT, CZ 40, 30, 36
laundry CT, C2, MZ, 30, 36, 48,
M3, T1 52, 40
library Rl, R2, R3,
C1, CZ l7, 20, 24,
30, 36
Tight manufacturing MT, MZ,, M3 44, 48, 52
l i gh ti ng97
liquified petroleum storage M3 52
loading 85
lodge 86
lodging house R3 24
lots, non -conforming 10
luggage store TT, Cl, C2 40, 30, 36
M
RI District 44
major recreational equipment M2, M3, CZ 48, 52, 36
manufacturing MT, M2, M3' 44, 48, 5Z
manufacturing, general M3 52
map, official 3.
map, replacement 5
map, zoning 3
marquee 102
marina 26, 38, 147
millinery TT, CI, C2 40, 30, 36
minimum requirements 134
mobile home park R2 20
mortuary Cl, C2 30, 36
motel Cl, C2, Ti, R3 30, 36, 40, 24
museum 86
N
newsstand Ti, Cl, C2 40, 31, 36
non -conforming lots 9, 10
non -conforming structures 13
non -conforming uses of land 12
non -conforming uses of structures and land 14
non -conformities 111, 119
noise 91
nursery, botanical Cl, C2, R1, R2, 30, 36,17, 20
R3, M2 24, 48
nursery, child R2, R3, Cl, C2 20, 24, 30, 36
nursing home R2, R3, Ti, Cl, C2 20, 24, 40,
30, 36
0
odor
office, government
Cl, C2, Ti, R3,
M1, M2, M3
offices, general Cl, C2, M1, M2,
M3, M2, R3, Ti
offices, professional Cl, C2, R3, Ti
M1, M2, M3
outside display
P
paint shop M2, M3
park Cl, C2,T1; R1
R2, R3
95
30, 36, 40, 24,
44, 48, 52
30, 36, 44
52, 48, 24, 40
30, 36, 24, 40
44, 48, 52
36
48, 52
30, 36, 40, 17
10, 24
parking Tots CT, C2, R3, TI 30, 36, 24, 40
parking, afG street � 85
parish house RT, R2, R3 TI', 20, 24
particulate matters g4
penalties 136
performance standards g2
piers, non-commercial EST, R2, R3 17, 20,. 24
pilaster TT, Cl, C2 T02
photographic studio TI, CI, C2 40, 30, 36
planned development R2, R3,, CI 20, 24, 30
platform 103
porch 103
printing M2, M3 43, 52
public hearing 6I, 1t&, 120, 1
public uses 31 -
purpose 1
R
RI District 17
R2 District 201
R3 District 24.
radiation g8
radio, studio MI, M2,: M3, 44, 48, 52
CT, C2 30, 36
recreation, commercial CT, C2, T1 30, 36, 40
recreation,. outdoor TT, CI, C2 40,30, 36
recreational equipment, major C2, M2, M3 36, 48, 52
repair, automobile M2, M3 48, 52
research
residential
M1, M2, M3
I '
residential development, planned R1, R2, R3
restaurant I Cl, C2, T1
restorium Cl, C2, R2, R3
retail store Cl, C2
rooming house R3
s
salvage yard
school Cl, C2, R1, R2, R3
school, business Cl, C2
school, trade Cl, C2, M1, M2
school, vocational Cl, C2, Ml, M2
scrap yard
separability clause
service, business C2, Ml, M2, M3
service, personal Cl, C2
service, repair Cl, C2, M2, M3
service station Cl, C2, M2, M3
sewage disposal
sills
shoe store Ti, Cl, C2
smoke
special exception
spires
sporting goods
steel fabrication
Tl, Cl, C2
M2
44, 48, 52
87
17, 20, 24
30, 36, 40
34
30, 36
46, 50
30,, 36, 17, 20, 2
30, 36
30, 36, 44, 48
30, 36, 44, 48
46, 50
137
30, 44, 48, 52
30', 36
30, 36, 44, 48
30, 36, 44, 48
108
102
40, 30, 36
94'
18,, 21, 25, 29
31, 38, 41, 45,
53,
:104
30, 36
structures, non -conforming
1,3
studio
sundry shop
swimming pools
T
Cl, C2, M1
Cl, C2
30, 36, 44
25
30, 36
T1 Districti 40
tailor Cl, C2 30, 36
television, studio Cl, C2, M1 30, 36, 44
M2, M3 48, 52
temples R1, R2, R3, 17, 20, 24
Cl, C2 30, 36
tennis R1, R2, R3 17, 20, 24
Cl, C2 30, 36
terrace 103
theater Cl, C2, T1 30, 36, 40
title 3
tire recapping M2, M3 48, 52
townhouse R1, R2, R3 17, 20, 24
townhouse, development R1, R2, R3 17, 20, 24
toxic gas 96
toy factory M3 52
u
upholstery M2, M3 48, 52
uses, non -conforming 14
utility, public Cl, C2, M1, M2, 30, 36, 44, i
R1, R2, R3, T1 17, 20, 24, 2
V
vapor
variance
ventilators
veterinary hospital
vibration
Cl, C2, M2, M3
96
111,123 125
104
30, 36, 44,
96, 97
violation
visual screens
w
wall
warehouse M2, M3
warehousing M2, M3
water areas
water tanks
welding M2, M3
wholesaling C2, M1, M2
wig shop T1, Cl, C2
Y
yard encroachments
z
zoning and planning board
135
107
102, 104
44, 48
44, 48
106
104
44, 48
36, 44, 48
40, 30, 36
102
55, 58, 60, 61
62, 65, 124, 125
129, 132,