HomeMy WebLinkAboutAdopted by Ord 1975?ZONING REGULATrONS
CITY OF CAPE CANAVERAL, FLORIDA'
Index
Chapter /s
Zoning Regulations, Establishment
630- 630.01
and Purpose
Repeal of Conflicting Ordinances
630.03
Short Title
630.05
Zoning Definitions
631.01
Establishment of Districts and
Official Zoning Map
633.01
'Replacement of Official Zoning
Map
633.03
Interpretation of District
633.05
Boundaries
Application of District
635 - 635.1.
Regulations
Schedule of District Regulations:
637
R -1: Single Family Residential
637.01 -
District
637.13
Principal Uses s Structures
637.03
Accessory Uses & Structures
637.05
Special Exceptions
637.07
Prohibited Uses & Structures
637.09
Area & Dimension Regulations
637.11
Off- Street Parking & Access
637.13,
639.49G
R -2: One, Two and Multiple Family
637.21 -
Dwelling District
637.33
Principal Uses & Structures
637.23
Accessory Uses & Structures
637.25
Special Exceptions
637.27
Prohibited Uses 6 Structures
637.29
Area & Dimension Regulations
637.31
off- Street Parking & Access
637.33,
639.49G
i
Cha ter /s
R -3: Multiple Family Dwelling 637-41 -
District 637.60
Principal Uses 6 Structures 637.43
Accessory Uses 6 Structures 637.45
Special Exceptions 637.47
Prohibited Uses 6 Structures 637.49
Area 6 Dimension Regulations 637.51
Minimum Breeze Requirement 637.53
Maximum N/S Building Length 637.55
Landscaping 637.57
Minimum Open Space 637.59
Off-Street Parking 6 Access 637.60,
TR -1: Single Family Mobile Home 637.61-
District 637.73
Principal Uses 6 Structures 637.63
Accessory Uses 6 Structures 637.65
Special Exceptions 637.67
Prohibited Uses 9 Structures 637.69
Area S Dimension Regulations 637.71
Off- Street Parking S Access 637.73
C -1: Low Density Commercial 637.81 -
District 637.95
Principal Uses S Structures 637.83
Accessory Uses S Structures 637.85
Special Exceptions 637.87
Prohibited Uses 6 Structures 637.89
Area I Dimension Regulations 637.91
Landscaping S Screening 637.93
Off- Street Parking S Access 637.95,
639.49H
Off - Street Loadin
g 639.03
ii
Chapter /s
C -2: General Commercial District
638.01 -
638.15
Principal Uses 6 Structures
638.03
Accessory Uses S Structures
638.05
Special Exceptions
638.07
Prohibited Uses & Structures
638.09
Area & Dimension Regulations
638.11
Landscaping 6 Screening
638.13
Off - Street Parking & Access
638.15,
639.49H
Off - Street Loading
639.03
T -1: Tourist District
638.21-
638.35
Principal Uses & Structures
638.23
Accessory Uses & Structures
638.25
Special Exceptions
638.27
Prohibited Uses 6 Structures
638.29
Area & Dimension Regulations
638.31
Landscaping & Screening
638.33
Off - Street Parking 6 Access
638.35
Off- Street Loading
639.03
M -1: Light Industrial, Research
638.41 -
and Development District
638.57
Principal Uses & Structures
638.43
Accessory Uses & Structures
638.45
Special Exceptions
638.47
Prohibited Uses & Structures
638.49
Area and Dimension Regulations
638.51
Landscaping & Screening
638.53
Performance Standards
638.55
Parking and Loading
638.57,
639.49H-
Off-Street Loading
639.03
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Cha ter s
M -2: Light Industrial and 638.61 -
Warehousing District 638.77
Principal Uses & Structures 638.63
Accessory Uses & Structures 638.65
Special Exceptions 638.67
Prohibited Uses & Structures 638.69
Area & Dimension Regulations 638.71
Landscaping & Screening 638.73
Performance Standards 638.75
Parking & Loading 638.77,
639.49H
Off- Street-Loading 639.03
M -3: General Industrial District 638.81-
638.97
Principal Uses & Structures 638.83
Accessory Uses & Structures 638.85
Special Exceptions 638.87
Prohibited Uses & Structures 638.89
Area & Dimension Regulations 638.91
Landscaping & Screening 638.93
Performance Standards 638.95
Parking & Loading 638.97,
639.49H
Off- Street Loading 639.03
Off- Street Parking Regulations 639.01
Requirements for Off- Street Lo
Home Occupation Regulations:
Permitted Home Occupations
Home Occupation Requirements
Occupation License Required
Garage Sales
ading639.03
639.05-
639.11
639.07
639.09
639.11
639.12
iv
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Chapter /s
Performance Standards:
639.13-
639.41
Application of Performance
Standards
639.15
Administration & Enforcement
639.17
Noise Standards
639.21
Smoke 6 Particulate Matter
639.23
Odor Standards
639.25
Toxic Gases, Fumes, Vapors
Matter
639.27
Vibration Standards
639.29
Glare & Lighting Standards
639.31
Electromagnetic Radiation
639.33
Heat & Humidity
639.35
Fire & Explosion
639.37
Radiation Hazards
639.39
Stream Pollutants
639.41
v
(unused) 639.83
(unused) 639.85
Dedicated Public Land 639.87.._
vi
Chapter /s
Supplementary District Regulations:
639.43-
639.87
Building Setback Lines
639.45
More Than One Principal Building
on Lot
639.47
Yard Encroachments
639.49
Accessory Structures
639.51
Visibility at Intersections.
639.53
Fences, Malls and Hedges
639.55
Height Regulations Exceptions
639.57
Access Requirements for
Structures
639.59
Location of Recreational and
Camping Equipment for Living or
Occupancy Purposes
639.61
Living Aboard Boats
639.62
Parking and Storage of Certain
Vehicles
639.63
Minimum Width of Courts
639.65
Water Areas
639.67
Landscaping & Screening for
Commercial 6 Industrial zoning
Districts
639.69
Sewage Disposal
639.71
Swimming Pools 6 Enclosures
639.73
Vehicular Use Areas
639.75
Atomic Energy Uses
639.77
Buildings Required, Commerical
Use
639.79
Sidewalks Required
639.81
(unused) 639.83
(unused) 639.85
Dedicated Public Land 639.87.._
vi
Cha2ter/s
Schedule of Special Exceptions 641 -
Permissible by Board of Adjustment 641.67
,,.Residential Planned Unit
Development (except Mobile 641.01 -
Homes) 641.35
Intent 641.03
Defined 641.05
Common Open Space 641.07-
vii
641.15
Utilities & Services
641.17
Procedure for Securing
Approval
641.19
Pre-Application Conference
641.21
Preliminary Application
641.23
Exhibits
641.25
Submittal
641.27
Application Review
641.29
Required Findings
641.31
Review by Board of
Adjustment
641.33
Recordation of Preliminary
Application
641.35
Final Application
641.37
Required Exhibits
641.39
Procedure
641.41
Recording of Final
Development Plan
641.43
Building Permit & Certificate
of Occupancy
641.45
Physical Review
641.47
Maintenance Warranty Bond
641.49
Standards
641.51
Density
641.53
Termination of Special
Exception
641.55
Mobile Home Park Planned
Residential Development
641.61
vii
Chapter/s
(Cont.) Schedule of Special Exceptions
Permissible by Board of Adjustment
Expansion of Existing Mobile
Home Parks 641.63
Planned Commercial Development 641.65
,,,-Planned Industrial Development 641.67
Establishments Serving Alcoholic
Beverages 641.69
Legally Established Nola - Conforming
Lots, Non• Conforming Structures and
Non-Conforming Uses
643
Intent
643.01
Non-Conforming Lots of Record
643.03
Non - Conforming Structures
643.05
Non-Conforming Uses
643.07
Repairs & Maintenance
643.09
Structures and Uses Approved
645.07
by special Exception
643.11
Variance
643-13
Temporary Uses
643.15
Administration and Enforcement -
Building Permits and Certificates
of Occupancy
645
Administration and Enforcement
645.01
Building Permits Required
645.03
Application for Building
Permit
645.05
Certificate of Occupancy
Required
645.07
Times & Conditions of Building
Permit
645.09
Construction & Use to be as
Provided in Applications, Plans,
Permits and Certificates of
645.11,
Occupancy
645.03B
p
_ _ ...
Chapter /s
Board of Adjustment: Establishment.
645.13 -
and Procedure:
645.27
Proceedings of Board of
Adjustment
645.15
Powers & Duties
645.17
Administrative Review
645.19
Special Exceptions: Conditions
Governing Applications;
Procedures
645.21
Written Findings; Violation
of Safeguards
645.22
Variances; Conditions
Governing Applications;
Procedures
645.23
Applicants for Special
Exceptions or Variances
645.25
Decisions of Board of
Adjustment
645.27
Appeals from Board of Adjustment'
645.29
Duties of Building Official, Board
of Adjustment, City Council on
Matters of Appeal
645.31
Schedule of Fees, Charges and
Expenses 645.33
Ordinance Provisions Declared
Minimum Requirements 645.35
Complaints Regarding Violations 645.37
Penalties for Violations 645.39
Separability Clause 645.41
ix
Chapter /s
Amendments 647
Procedure 647.01
Limitations 647.03
Reconsideration of District
Boundary Change 647.05
Incorporating Zoning Ordinance
in a Code 647.07
I
630 ZONING REGULATIONS
CITY OF CAPE CANAVERAL, FLORIDA
An ordinance establishing comprehensive zoning
regulations for the City of Cape Canaveral,
Florida, and providing for the administration,
enforcement and amendment thereof, in accor-
dance with the provisions of Florida Statutes,
and for the repeal of all ordinances in
conflict herewith.
630.01 PURPOSE
Whereas Florida Statutes empower 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 Florida Statutes, has appointed
a Planning and Zoning Board to recommend the
boundaries of the various original districts
2
6 3 0.01 (Cont.)
and appropriate regulations to.be enforced
therein, and
Whereas the Planning and Zoning 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 pro-
vision of transportation, water, sewerage,
schools, parks and other public requirements,
and _
Whereas the Planning and Zoning Board has
given reasonable consideration, among other
things., to the character of the districts
and their peculiar suitability for particular
t
3
630.01 (Cont.)
uses, with a view to conserving the value of
buildings and encouraging the most appropriate
use of, land t'hroughout the Municipality, and
Whereas the Planning and Zoning 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 Florida Statutes,
with regard to the preparation of the report
of the Planning and Zoning Board and subse-
quent action of the City Council has been met;
NOW THEREFORE BE IT ORDAINED BY THE PEOPLE OF
THE CITY OF CAPE CANAVERAL, FLORIDA:
630.03 REPEAL OF CONFLICTING ORDINANCES
Ordinance No. 12 -71 of the City of
Cape Canaveral, as amended, is hereby abolished
and repealed, and all other City ordinances,
G
2
630.03 (Cont.)
resolutions or general laws, or any part
thereof, in conflict with any provisions of
this ordinance are.hereby abolished and
repealed.
630.05 SHORT TITLE
This ordinance shall be known and may be
cited as "The Zoning Ordinance of the
City of Cape Canaveral, Florida ".
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631.01 ZONING DEFINITIONS
For the purposes of this ordinance, certain
terms or words used herein shall be inter-
preted as follows:
The word person includes a firm,.association,
organization, partnership, trust, company,
or corporation as well as an individual.
The present tense includes the future tense,
the singular number includes the plural, and
the plural number includes the singular.
The word shall is mandatory; the word may
is permissive. The words used or occupied
include the words intended, designed, or
arranged to be used or occupied.
The word lot includes the words plot or ap rcel
Accessory Use - A use or structure on the
same lot with, and of a nature customarily
incidental and subordinate to the principal
use or structure.
Alcoholic Beverage - As defined by Section
561.01 Florida Statutes.
(- 9a- )
A
631.21 (Cone.}._
Alley - Any public or private right-of-way
set aside for secondary public travel and
servicing which is less than thirty (30)
feet in width.
Apa,r,tment, - See Dwelling, Multiple Family
A building designed for or
containing both apartments and individual
guest rooms or rental units, under resident
supervision and which maintains an inner
lobby through which all tenants must pass to
gain access to apartments, rooms or units.
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.
T'he phrase shall include passenger cars,
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trucks, buses, motorcycles, scooters and
station wagons, but shall not include tractors,
construction equipment or machinery or any
device used for performing a job except as
stated above.
N
7
631.0.1_(Cont.).___
Awning A detachable, ._
orted by.,,the_wall.s.—of—.a—building
tection from sun or weather.
Automotive Repair . Faci - 1 - i ti - es _ This ter - m
shall include all machani 1. cal eng - i n - e ov erhaul
or repair, and beady work and
pa.inting. .,o,f.,
automotive vehicles.,
Boarding House See-Roomi,ng
�aous.e
Buildable Area The portion o f -'a-
remaining after.,required...yards have been
provided.''
Building 6 f f
with the administration -1 and enforcement o f
this ordinance as pr,ovided, or in, C_h.ap'ter 645.
Building , or Structure` .-_"Any_s - t r - u - ctu . r - e .-- con-
structed or used for residence, business,,
industry or other public 'or"
private_p�urposes
or accessory thereto, including
lunch wagons, dining.cars, trailers, mobile
homes, sheds, garages,_carports, animal
kennel, structures of all types storerooms,
631.01 (Conk.)
billboards, signs, gasoline pumps and similar
.. stru.ctur,es..whether stationary or'm-ovable.
Camr)e,r (Truck Mounted) po'r'table struc-
tur e designed to be.
e mount ed" on a truck or
similar type vehicle for the purpose of
converting sai d veh i , c le'-Into a" movable living
unit and custo'mari1'y___u_se"*d for recreational
or camping use.
Cam2er Trailer A movable living unit or
similar_" portable st,ructur -e, having 'no other
foundation other than wheels, jacks or-
1; 1 -o,c k s d e I s i . -g-n _e_CI_to,_ be, T"io v e d from o n e
location t _ca_n6 t h e" r .... b
y auc,ro ive vehicle,
may be collapsible and customarily used for
recreational and - camping purstlits,'not in
excess of eight (8) feet in width,
Clinic An establishment where patients
are not lodged overnight, but are admitted
for examiaation and treatment by a group
of p h y s i q i a ij s or dentists c i-n
tog"ether. The term does not include a place
I
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631.01 (Cont.)
for the treatment of animals.
Common Open Space - A parcel, parcels or
area of land or land and water, other than
a dedicated canal, within the site zoned for
townhouse residential or used for planned
unit development and designed and intended
for the use or enjoyment of residents living
within the zone or development area. Common
open space may contain such complementary
structures and improvements as are necessary
and appropriate for the benefit and enjoy-
ment of the said residents.
Convalescent Home - A building where reg-
ular nursing care is provided for more than
one person not a member of the family which
resides on the premises.
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.
10
631.01 (Cont.)
Courtesy Notice - A notice of a public hear-
ing, 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, relationship,
design, nature and character of all primary
and secondary uses, public and private ease-
ments, structures, parking areas, public
and private roads9"and- common open space:-
Development Schedule. Development Schedule
is a comprehensive statement showing the'
type and extent of development'to be com-
pleted 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
C. E , .. 11
T. i�
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631.01. (Cont.)
not later than 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 establish-
ments where customers may serve themselves
and may eat or drink the food, refreshments,
or beverages on the premises.
Dwelling, Single Family - A detached residen-
tial dwelling unit other than a mobile home,
designed for and occupied by one family only.
Dwellin&, Mobile Home - A detached residential
dwelling unit over eight (8) feet in width,
designed for transportation, after fabri-
cation, on streets or highways on its own
wheels and arriving at the site where it
is to be occupied as a dwelling unit complete
and ready for occupancy except for minor and
incidental unpacking and assembly operations,
location on jacks or other temporary or
631.01 (Cont.)
permanent foundations, connections to utilitie
and the like. A travel trailer or a mobile
camper is not to beconsidered as a mobile hoer
Dwelling, Two Family -A detached residential
building containing two dwelling units, de-
signed for occupancy by not more than two
families .
Dwelling, Multi2le Family - A residential
building designed for or occupied by three
or more families, with the number of families
in residence not exceeding the number of
dwelling units provided.
Dwelling Unit or Living Unit -One room or
rooms connected together, constituting a
separate, independent housekeeping establish-
ment for owner occupancy, or rental or lease
on a weekly, monthly, or longer basis, and
physically separated from any other rooms or
dwelling units which may be in the same
structure, and containing independent cooking
and sleeping facilities.
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631.01 (Cont.)
Family- an Individual or a group of persons
related to each other by blood or marriage or
a group of net more than four persons who are
not necessarily so related, living together
under one roof as a single household unit.
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. sl =t
Final Application - Final Application for appro-
val of the Final Development Plan and for appro-
val of the required exhibits as specified in
this'Ordinance.
Final Develo went Plan - Final Development Plan
is the Development Plan approved by the Board
of Adjustment 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
14
631.01 (Cunt.)
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; .h- owe- ve-r -;- the- £.lo.or--- a_r_ea__may be-- -compu*ted
as a par.t.-o - ..the--.area ---of - •tlre-"pY`3ncip-al•- u -se_.
Floor Area -Ratio - The floor area of the
building or build.in`g9- on_ any _lot divided
by the - -areal 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,
such quarters having no kitchen facilities
or separate utility meters and not rented
or otherwise used as a separate dwelling.
Hedge - A row of bushes or small trees
planted close together in such a manner
as to form a boundary or barrier.
15
631 . O1 (Cont.)
Height of Buildin — The vertical distance from
the established average sidewalk or street
grade or finished grade at the building line, -
whichever is the highest, to (a) the highest
point of a flat roof; (b) the deck line of a
mansard roof; (c) the average height between
the eaves and ridge for gable, hip and gambrel
roofs.
Home Occupation — Any occupation conducted
entirely within a dwelling unit and carried on
by an occupant thereof, which occupation is
clearly incidental and secondary to the use
of the dwelling for dwelling purposes and does
not change the residential character thereof.
Hospital — A building or group of buildings,
having room facilities for one or more over-
night patients, used for providing services
for the in— patient medical or surgical care
of sick or injured humans, and which may
include related facilities such as laboratories,
out — patient departments, training facilities,
9
16
631.01 Cont.
central service facilities, and staff offices:
provided, however that such related facility
must be incidental and subordinate to the main
use and must be an integral part of the hos-
pital operations.
Hotel - A building in which lodging, or boardinf
and lodging, is provided and offered to the
public for compensation, and in which ingress
and egress to and from all rooms are made
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 contra-
distinction to a boarding or lodging house,
apartment hotel or multiple dwelling.
Landscape Buffer -that portion of the building,
setback area which is located along property
lines adjacent to streets or abutting lots ani
which in its entirety contains landscaping.
Landscaping - The arrangement of vegetation sL_h
as trees, bushes and grass, together with othc--
suitable materials in complementary fashion
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17
631.01 (Cont.)
over a tract of land for aesthetic effect.
Living Area - The minimum floor area of a
dwelling as measured by its outside dimensions
exclusive of carports, porches, sheds and
attached garage.
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.
Lodging House - Same as Rooming House.
Lot - 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
yards and other open spaces as are herein
required. Such lot shall have frontage on an
improved public street, on an approved private
18
631.01 (Cont.)
street, or with legal access to a public
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 complete lots'of record and portions of
lots of record;
D. A parcel of.land described by metes and
bounds;,provided' that in no case of division
or combination'shall"any residual lot or
parcel be created•which does not meet the
requirements of this ordinance. _
Lot, Corner -- A lot located at the intersec-
tion of two or more streets. A lot abutting
on a curved street or streets shall be con-
sidered a corner lot if straight lines drawn
from the foremost points of the side lot lines
to the foremost point of the lot meet at an
interior angle of less than 135 degrees.
Lot Dimensions:
A. Depth - of a lot shall be considered to be
the distance between the midpoints of straight
19
! 631.01 (Cont.)
i
lines connecting the foremost points of the
side lot lines in'front and the rearmost points
of the side lot lines in the rear.
Width - of -a lot-'shall be considered to be
1
the distance between straight lines connecting
front and rear of the required front yard,
provided however, that width between side lot
lines at their foremost points (where they
intersect with the street lines) shall not be
less than 80 percent of the required lot
width except in the case of lots on the turning
circle of culs -de --sac, where the 80 percent
requirement shall"not'apply; provided, however,
that all lots shall have a minimum of 25 feet
facing a street.
Lot, Frontage =`The front of a lot shall be
construed to be the portion nearest the street.
For the purpose of determining yard require-
ments on corner and through lots, all yards
of a lot adjacent to a street shall be
considered frontage.
631.01 (Cont.
Lot, Interior - A lot other than a corner lot
with only one frontage on a street.
Lot Line - The boundary line of a lot.
Lot of Record - A lot whose existence, location
and dimension have been legally recorded or
registered in a deed or on a plat, p-r-I-e-r—t-o,
-th.e—eX-
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 gen*eral pattern in the area.
A reversed frontage lot may also be a corner
lot, an interior lot or a through lot.
Lot, .Through - A lot other than a corner lot
with frontage on more than one street. Throu h
lots abutting two streets may be referred to as
a double frontage lot.
Major Recreational Equipment - Boats and boat
trailers, travel trailers, pickup campers or
coaches (designed to be mounted on automotive
vehicles), motorized dwellings, tent trailerE
zi
631.01 (Cont.)
and the like, and cases or boxes used for
transporting recreational equipment, whether
occupied by such equipment or not.
Marina - A place for docking boats or provid-
ing services to boats and the occupants thereo
including servicing and repair to boats,
sale of fuel and supplies, and provision of
food, beverages, and entertainment as access-
ory uses. A yacht club shall be considered
as a marina, but a hotel, motel, or similar
use, where docking of boats and provision
of services thereto, is incidental to other
activities shall not be considered as a marina
nor boat docks accessory to a multiple family
dwelling where no boat- related services are
rendered.
Motel - A building in which lodging, or
boarding and lodging, are provided and
offered to the public for compensation. As su
it is open to the public in contradistinction
to a boarding or lodging house, or a multiple
M
631.01 (Cont.
family dwelling; same as a hotel, except that
the buildings are usually designed to serve
tourists traveling by automobile, ingress to
rooms need not be througfi'a lobby or" office, and
parking usually is adjacent to the dwelling unit
Motor Travel Home - A self-propelled vehicle
containing living facilities and customarily
used for camping or recreational uses.
Net Residential Acre - The horizontal acreage
of a lot or lots devoted exclusively to
residential uses and their appurtenant
accessory uses. Such area shall include the
building site, recreation areas, open space,
swimming pools, parking, drives, setback areas
and the like,, Net residential acreage does
not include areas used for non-residential
purposes, streets, waterways, offices:, golf
courses, or any other use not developed for
the exclusive use of the property's residents.
Non-Conformity - Any lot, use of land, use
of structure, use of structure and premises
23
631.01 (Cont.)
or characteristics of any use which was lawful
at the time of enactment of this ordinance
r
but which does not conform with the provisions.
of the district in which it is located.
Occupied - The use of a structure or land for
any purpose including occupancy for residen-
tial, business, industrial, manufacturing,
storage, and public use.
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 recrea-
tional 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.
Patio - See Terrace.
Parking Space, Off- Street - For the purposes
of this ordinance the term "off- street
24
631.01 (Cont.)
parking space" shall consist of a minimum pave
area of 200 square feet with minimum dimensions
of 10 feet by 20 feet for parking an automo-
bile, exclusive of access drives or aisles
thereto.
Planned Unit Development - Planned Unit Devel-
opment is an area of land developed as a singl
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, mobile home park, commercial,
industrial, and compatible uses and common
open space.
Preliminary A22lication - Preliminary Appli-
cation is the application for approval of
the use of a site as a Planned Unit Develop-
ment special exception and for approval of
the required exhibits as specified in this
Ordinance.
41
631.01 (Cont.)
Preliminary Development Plan,- Preliminary
Development Plan is the development plan
approved by the Board of Adjustment and filed
with the City Clerk in conjunction with
approval by the City of a Planned Unit Develop-
ment special exception.
Principal Use of Structure - A building in
which is conducted the principal use of the lot
on which it is situated. In a residential
district any dwelling shall be deemed to be the
principal building on the lot on which the same
is situated. An attached carport, shed, garage
or any other structure with one or more walls
or a part of one wall being a part of the
principal building and structurally dependent,
totally or in part, on the principal building,
shall comprise a part of the principal building
and be subject to all regulations applied to
the principal building. A detached and struc-
turally independent carport, garage, or other
structure shall conform to the requirements of
26
631.01 (Cont.)
an accessory building. A detached and struc-
turally independent garage, carport, or other
structure conforming as an accessory building
may be attached to the principal building by
an open breezeway not to exceed six (6) feet
in width. A connecting breezeway in excess
of six (6) feet and enclosed on one or both sides
including louvers,lattice or screening, shall
cause the entire structure to be construed
as the principal building and shall be subject
to the regulations applicable to the principal
building.
Public Use - Any use of land or structures
owned and operated by a municipality, county,
state or the federal government or any agency
thereof and for a public service or purpose.
Required Yard -The open and unencumbered space
required to be between any lot line and the
nearest part of a principal building. See Yard.
Residential District - The R -1, R -2 or R -3
District.
27
631.01 (Cont.)
Restaurant - Any building or structure or por-
tion thereof, in which food is prepared and
served for pay to any person not residing on
the premises.
Rooming House - A building other than an
apartment hotel, hotel, or motel or motor•
lodge where, for compensation and prearrange-
ment for definite periods, lodging, meals,
or lodging and meals are provided for three
or more persons but not exceeding 20 persons.
Service Station - Buildings and premises where
gasoline, oil, grease, batteries, tires, and
automobile parts may be supplied or installed
at retail, and where in addition services
may be rendered and sales made as specified
by this ordinance.
Si &n - Any device to inform or attract the
attention of persons not on the premises on
which the sign is located, provided however,
that the following shall not be included
in the application of the regulations herein:
r
28
631.01 (Cunt.)
A. Signs not exceeding one (1) 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 displayed in connection with commercial
promotion;
C. Legal notices, identification, informa-
tional, or directional signs erected or
required by governmental bodies;
D. Integral decorative or architectural
features of buildings, except letters, trade-
marks, moving parts, or moving lights;
E. Signs directing and guiding traffic and
parking on private property, but bearing no
advertising matter.
Signs, Number and Surface Area - For the
purpose of determining number of signs, a
sign shall be considered to be a single displa,
surface or display device containing elements
27
631.01 (Cont.)
organized, related, and composed to form a uni
There matter is displayed in a random manner
without organized relationship of elements, or
where there is reasonable doubt about the rela
tionship 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 fore
comprising all of the display area of the sign
and including all the elements of the matter
displayed. Structural members not bearing
advertising matter shall not be included in
computation of surface area.
Sign, On -Site - A sign relating in its subject
matter to the premises on which it is located,
or to products, accommodations, services, or
activities on the premises. On -site signs do
not include signs erected by the outdoor
advertising business.
Sign, Off -Site - A sign other than an on -site
sign.
M
631.01 (Cont. )
Special Exception — A special exception is a
use that would not be appropriate generally
or without restriction throughout the zoning
division or district but which, if controlled
as to number, area, location, or relation to
the neighborhood., would promote the public-
health, safety, welfare, morals, order, com-
fort, convenience, appearance, posterity, or
general welfare. Such uses may be permitted
in such zoning district as special exceptions.
Stage — A stage is specified portion of the
Planned Unit Development that may be developed
as an independent entity that is delineated
in the Preliminary Development Plan and the
Final Development Plan, and specified within
the Development Schedule.
Story — That portion of a building included
between the floor surface and the upper sur-
face of the floor next above, or any portion
of a building, used for human occupancy between
the top —most floor and roof.
31
631.01 (Cont.)
A basement or cellar not used for human
occupancy shall not be counted as a story.
Street - In addition to the definition contain-
ed,in Chapter 635 hereof,(a street for the pur-
poses of this section shall be a public or
private right -of -way set aside for public
travel which is thirty (30) feet or more
in width.
a. Street Right -o£ -way Line - The property
line which bounds the right -of -way set
aside for use as a street. Where side-
walks exist and the exact location of
the right -of -way is unknown, the side
of the sidewalk farthest from the center-
line 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.
Swimming Pool - Any portable pool or permanent
structure containing a body of water 18 inches
0
32
6 31.01 (Cont.)
or more in depth and 250 square feet of surfac
area or more of water service area, intended
for recreational purposes, including a wading
pool, but not including an ornamental reflect-
ing 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.
Tent - A collapsible shelter of canvas or othe-
•• r. material,u- s-ed -- .for-- c- ampi•n- g,�or,=:r.ecre.a- t.ional uses.
Terrace - An open space adjacent to the prin-
cipal building on one or two.sides, prepared
with a hard, semi -hard, or improved surface,
and uncovered, for the purpose of outdoor
living.
Tourist and Transient Living Accommodations -
Any place wherein tourists, transients,
travelers, or persons desiring temporary resi-
dence may be provided with sleeping, sanitary
or cooking facilities.
Townhouse - See Dwelling, Multiple Family.
f
3-3
631 . C1 (Cunt. )
Total Floor Area or Gross Floor Area The
areas Of all floors of a building, including
finished attics, finished basements and all
covered areas, including porches, sheds,
carports, and garages.
Trailer Park - An area duly licensed by the
City of Cape Canaveral and approved by the
Florida State Board of Health which is
designed, constructed, equipped, operated
and maintained for the purpose of providing
space for and otherwise servicing trailers .
Travel Trailer - A vehicular, portable struc-
ture having no foundation other than wheels,
jacks or blocks, designed to be used as a
temporary dwelling unit for travel, recreation-
al and vacation uses, which (1) is identified
an the unit or classified by the manufacturer
as a travel trailer; and (2) is not more than
eight (8) feet in width.
Vacant - A building or parcel of land which is
neither occupied nor used or is in a non-
34
631.01 (Cont.)
operative state for a period of six con-
secutive months or more.
Variance - A variance is a relaxation of the
terms of the zoning ordinance where such
variance will not be contrary to the public
interest and where, owing to conditions
peculiar to the property and not the result
of the actions of the applicant, a literal
enforcement of the ordinance would result in
unnecessary and undue hardship. As used in
this ordinance, a' variance is authorized only
for height, area, size of structure or size
of yards and open spaces; establishment or
expansion of 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.
Wall - A structure forming a physical barrier
which is so constructed that less than 50
percent of the vertical surface is open to
35
631.01 (Cont.)
permit the transmission of light, air, and
vision through such surface in a horizontal
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, garages and
storage areas.
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.
M
631 .O1 (Cont.)
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 of determining
rear yard requirements on corner and throu i
lots, the rear yard shall be considered
to be that portion of the lot (other than
the front yard) which is parallel to the
street on which the address of the struc-
ture is established.
37
633 ESTABLISHMENT OF DISTRICTS:
PROVISION FOR OFFICIAL ZONING MAP
633.01 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 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 Sec. 633.01 of the Code of
Ordinances of the City of Cape Canaveral,
Florida" together with the date of the
adoption of this ordinance.
The Official Zoning Map in effect at the time
of passage of this ordinance shall remain in
effect and shall be re —identified as provided
above.
If, in accordance with the provisions of this
- 38
633.01 (Cont.).
ordinance and Florida_statutes,.__changes are
made in district boundaries or _other matter
portrayed on the Official Zoning Map, such
changes shall bemade .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 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
i
i
i
39
633.01 (Cont.)
shall be considered a violation of this
ordinance and punishable as provided in
Chapter 645.39.
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
link e v, ul't in City Hall when not in use,-
wand 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.
633.03 REPLACEMENT OF OFFICIAL ZONING MAP
In the event that the Official Zoning Map
becomes damaged, destroyed, lost or difficult
to interpret 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
633.03 (Cont.)
in the prior Official Zoning Map, but no suc
correction shall have the effect of amending
the original zoning ordinance or any subsequ=
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 follo
ing words: "This is to certify that this
Official Zoning Map supersedes and replaces
the Official Zoning Map adopted (date of adop
tion of map being replaced) as part of
Ordinance No. of the City of Cape Canaver
Florida." Unless the prior Official Zoning
Map has been lost, or has been totally destro
the prior map or any significant parts thereof
remaining shall be preserved together with al'
available records pertaining to its adoption
or amendment.
633.05 RULES FOR INTERPRETATION OF
DISTRICT BOUNDARIES
Where uncertainty exists as to the boundaries
41
633.05 (Cont.)
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, highway
or alleys shall be construed to follow such
center lines;
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 bulkhead 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
42
633 . 05 (Cont.)
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 indi-
cated 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 circum-
stances not covered by sub -sections (A).through
(E) above, the Board of Adjustment shall
interpret the district boundaries.
43
635 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:
635.01
No building, structure, or land shall here—
after be used or occupied, and no building
or structure or part thereof shall hereafter
be erected, constructed, reconstructed,
moved or structurally altered unless in
conformity with all, of the regulations herein
specified for the district in which it is
located.
635.03
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;
635.03 (Cont.)
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.
635.05
No part of a yard, or other open space, or
off-street parking or loading space required
in connection with any building for the
purpose of complying with this ordinance,
shall be included as part of a yard, open
space, or off-street parking or loading
space similarly required for any other
building.
635.07
No yard or lot existing at the time of passag
of this ordinance shall be reduced in dimen-
sion or area below the minimum requirements
set forth herein. Yards or lots created
after the effective date of this ordinance
shall meet the minimum requirements estab-
lished by this ordinance.
45
635.09
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.
635.11
Every building or structure hereafter erected
shall be located on a lot as defined herein.
Every building hereafter erected or struc-
turally altered shall be on a lot adjacent
to a public street, or with access to a public
street. In the case of a parcel of land
which is not adjacent to a public street,
the front, of such parcel shall be that
boundary -side which is adjacent to the legal
access.
635.13
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 Planning and Zoning
Board at the time of annexation.
• 46
635.15
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 procedures set forth
for a Special Exception, determine the proper
zone for such use. The Board o'f Adjustment
may prescribe appropriate additional conditions
and safeguards in the public interest.
47
637 SCHEDULE OF DISTRICT REGULATIONS
637.01 R-1: SINGLE FAMILY RESIDENTIAL
DISTRICT
The provisions of this district ,are int nd d
to apply to an area of single family4residen-
tial development.
Lotsizes and other
restrictions are intended to promote and
protect a high quality of residential
development.
637.03 PRINCIPAL USES AND STRUCTURES
Single family dwellings. Provided, however,
that in no case shall there be more than four
and three -tenths (4.3) dwelling units per net
residential acre.
637.05 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
637.05 (Cont.)
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 restric-
tions 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, including garages,
carports, and the like, in keeping with the
residential character of the district.
D. Home Occupations subject to the provision;
of Chapter 639.
637.07 SPECIAL EXCEPTIONS PERMISSIBLE BY
BOARD OF ADJUSTMENT
A. Public utility uses and rights -of -way
essential to serve the neighborhood in which
it is located;
49
637.07 (Cont.)
B. Public and private schools with conven-
tional 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 character of the district;
E. Public safetystructures and equipment,
such as fire sub -stations, civil defense
facilities and the like;
F. Public and semi-public parks, playgrounds,
playfields, and recreation facilities.
637.09 PROHIBITED USES AND STRUCTURES
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;
50
637.11 AREA AND DIMENSION REGULATIONS R-1
Minimum Lot Area: 10,000 Sq. Ft._
Minimum Lot Width: 75 Feet
Minimum Lot Depth: 100 Feet
Maximum Lot Coverage: 30%
Minimum Living Area: 1,100 Sq. Ft..
Maximum Height: 25 Feet
MINIMUM YARD REQUIREMENTS
Front:
Side Interior Lot:
25 Feet
8 Feet or 10% of
lot, whichever is
greater, up to
20 Feet
Side Corner Lot: 25 Feet
Rear:
25 Feet; 20 Feet
when abutting an
alley
637.13 OFF-STREET PARKING AND ACCESS
Off-street parking areas and access to a
public or private street shall be provided
in accordance with Chapter 639.
51
637.21 R-2: ONE, TWO AND MULTIPLE FAMILY
DWELLING DISTRICT
The provisions of this district are intended
to apply to an area of medium density resi-
dential 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.
637.23 PRINCIPAL USES AND STRUCTURES
Single family dwellings, two family dwellings
and multiple family dwellings, provided how-
ever, that in no case shall there be more than
fifteen (15) dwelling units per net residential
acre.
637.25 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:
637.25 (Cont.)
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 restrict
of the Corps of Engineers and other°county,
state and local controls shall be adhered
B. Non—commercial botanical nurseries and
greenhouses;
C. Customary accessory uses of a residential
nature, clearly incidental and subordinate
to the principal use, including garages,
carports, and the like, in keeping with the
residential character of the district.
D. Home Occupations subject to the provisions)
of Chapter 639.
E. Parking lots and facilities in conjunction
with one or more principal uses.
53
637.27 SPECIAL EXCEPTIONS PERMISSIBLE BY
BOARD OF ADJUSTMENT
A. Public utility; uses and rights -of -way essen
tial 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 character of the
district;.
E. Public safety structures and equipment,
such as fire sub -stations, civil defense
facilities and the like;
F. Public and semi-public parks, playgrounds,
playfields and recreation facilities;
G. Hospitals, convalescent homes, nursing
homes for human care except institutions
primarily for mental care;
H. Public and private clubs and lodges not
involved in the conduct of commercial activitii
637.27 (Cont.)
I. Governmental office buildings, institu-
tions and cultural facilities;
J. Kindergartens, nurseries, and child care
facilities;
K. Residential Planned Unit Development
excluding mobile home parks as set forth in
Chapter 641.
637.29 PROHIBITED USES AND STRUCTURES
All uses not. specifically or provisionally
permitted herein; and any use not in keeping
with the residential character of the district.
637.31 AREA AND DIMENSION REGULATIONS R-2
Minimum Lot Area:
Minimum Lot Width:
Minimum Lot Depth:
One family and
two family:
7,500 Sq. Ft.
Multiple Family:
10,000 Sq. Ft,
One family, two
family and multiple
family:
75 Feet
One family, two
family and multiple
family:
100 Feet
637.31 (Cont.)
Maximum Lot Coverage:
Minimum Living Area:
Maximum Height:
55
0ne family, two
family and multiple
family:
35%
0ne family:
1,000 Sq. Ft. Per
dwelling unit
Two family:
750 Sq. Ft. per
dwelling unit
Multiple family:
Efficiency:
450 Sq.Ft. per
dwelling unit
0ne bedroom:
650 Sq.Ft. per
dwelling unit
Two bedroom:
750 Sq.Ft. per
dwelling unit
Three bedroom:
900 Sq.Ft. per
dwelling unit
Plus 100 Sq.Ft. for
each additional
bedroom
One family, two family
and multiple family:
25 Feet
637.31 (Cont.)
5
MINIMUM YARD REQUIREMENTS
Front:
Side:(Interior Lot)
Side:(Corner Lot)
Rear:
0ne family, two family
and multiple family:
25 Feet
0ne family, two family
and multiple family:
8 Feet or 10% of width
of lot, whichever is
greater, up to 15 Feet,
plus 3 Feet for each
story above the first
0ne family, two family
and multiple family:
a. 25 Feet
b. 0n all non-conformin€
lots of record as definE
in Chapter 643.03j
on side corner lots there
shall be a minimum setba
of 10 Feet or the averag
depth of existing setbac.c5
whichever is greater. The
average depth of existin
setbacks shall be deter-
mined by buildings located
on lots 500 Feet on either
side of property on the
same side of the street
0ne family, two family
and multiple family:
20 Feet, plus 3 Feet for
each story above the
first
57
637.33 OFF-STREET PARKING AND ACCESS
Off-street parking and access to a public
or private street shall be provided in
accordance with Chapter 639.
58
637.41 R-3: MULTIPLE FAMILY DWELLING DISTRICT
The provisions of this district are intended
to apply to an area of medium density resi-
dential development. Lot, height, and other
building restrictions are intended to accom-
modate 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.
637.43 PRINCIPAL USES AND STRUCTURES
A.Single family dwellings, two family dwellings
and multiple family dwellings and motels and
hotels, provided, however, that in no case
shall there be more than fifteen (15) dwelling
units for multiple family or thirty (30)
rental units for hotels and motels per net
residential acre;
B.Professional offices, studios and similar
uses;
59
637.43 (Cont.)
C. Medical and dental clinics and related
laboratories;
D. Government offices;
637.45 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 restric-
tions of the Corps of Engineers and other
�i
acounty, state and local controls shall be
adhered to;
B. Non-commercial botanical nurseries and
greenhouses;
637.45 (Cont.)
C. Customary accessory uses of a residential
nature, clearly incidental and subordinate
to the principal use, including garages, car-
ports, and the like, in keeping with the
residential character of the district;
D. Home Occupations subject to the provisions
of Chapter 639;
E. Parking lots and facilities in conjunction
with one- or more principal uses;
F. 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; news-
stand; personal services; delicatessens;
eating establishments; laundry and dry
cleaning pickup stations and laundro-
mats 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 floc
area of a principal use.
61
637.47 SPECIAL EXCEPTIONS 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 conventiona]
curriculums; public libraries;
C. Churches and other places of worship;
parish houses;
D. Golf courses and clubhouses, tennis and
racket club and similar activities in keeping
with the residential character of the district;
E. Public safety structures and equipment,
such as fire sub -stations, civil defense
facilities and the like;
F. Public and semi-public parks, playgrounds,
playfields and recreation facilities;
G. Public and private clubs not involved in
the conduct of commercial activities;
H. General office buildings;
I. Governmental office buildings, institutions
and cultural facilities;
62
637.47 (Cont.).
J. Hospitals, restoriums, convalescent homes,
nursing homes for human care except institu—
tions primarily for mental care;
K. Marinas, including but not limited to
water craft used for dwelling purposes;
L. Kindergartens, nurseries and child care
facilities;
M. Radio and television studios, broad-
casting towers and antenna;
N. Residential Planned Unit Development,
excluding mobile home parks as set forth
in Chapter 641.
0. Establishments dispensing alcoholic beverages,
when operated within a single complex of 35 or
more units.
637.49 PROHIBITED USES AND STRUCTURES
All uses not specifically or provisionally
permitted herein.
63
637.51 AREA AND DIMENSION REGULATIONS R-3
Minimum Lot Area: One and two family:
7,500 Sq. Ft.
Multiple family,
residential and offices.,
hotels and motels:
12,000 Sq. Ft.
Churches and hospitals:
One-half (1/2) Acre
Minimum Lot Width: One and two family:
75 Feet
Minimum Lot Depth:
Multiple family,
residential and offices,
hotels and motels:
100 Feet
Churches and hospitals:
150 Feet
One and two family,
multiple family,
residential and offices,
churches and hospitals,
hotels and motels:
100 Feet
Maximum Lot Coverage: One and two family:
35%
Multiple family,
residential and offices,
churches and hospitals:
25%
637.51 (Cont.)
Maximum Lot Coverage: Hotels and Motels
(Continued) **40%
Minimum Living or Floor Area:
0ne family:
1,050 Sq. Ft. per
dwelling unit
Two family:
850 Sq. Ft. per
dwelling unit
Multiple family,
residential and offic
0ne bedroom:
850 Sq. Ft. per
dwelling unit
Two bedroom:
1,050 Sq. Ft. per
dwelling unit, plus
200 Sq. Ft. for each
additional bedroom
**Hotels and Motels:
300 Sq. Ft. per
rental unit
Maximum Height: One and two family:
25 Feet
Multiple family,
residential, offices,
churches, hospitals,
hotels and motels:
45 Feet
**Hotel and motel units containing provision
for cooking or light housekeeping shall meet
the regulations of multiple family, resident
and offices category above.
637.51 (Cont.)
MINIMUM YARD REQUIREMENTS
Front:
Side Interior Lot:
Side Corner Lot:
Residential, offices,
hotels and motels:
25 Feet, plus 2 Feet
for each 5 Feet or
increment thereof over
40 Feet in height
Churches, hospitals
and the like:
25 Feet plus 3 Feet
for each 5 Feet or
increment thereof over
40 Feet in height
Residential, offices,
hotels and motels:
15 Feet, plus 3 Feet
for each 10 Feet or
increment thereof over
20 Feet in height
Churches, hospitals,
and the like:
15 Feet, plus 3 Feet
for each 5 Feet or
increment thereof over
40 Feet in height
Residential, offiees,
hotels and motels:
25 Feet, plus 2 Feet
for each 5 Feet or
increment thereof over
40 Feet in height
Churches, hospitals,
and the like:
25 Feet, plus 3 Feet
for each 5 Feet or
increment thereof over
40 Feet in height
65
637.51 (Cont.)
Rear:
66
Residential, offices
hotels and motels:
20 Feet, plus 2 Feet
for each 10 Feet or
increment thereof over
20 Feet in height
Churches, hospitals
and the like:
25 Feet, 20 Feet when
abutting an alley, .
plus 3 Feet for each
5 Feet or increment
thereof over 40 Feet
in height.
637.53 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.
637.55 MAXIMUM LENGTH OF ANY BUILDING IN A
NORTH/SOUTH DIRECTION
185 Feet.
637.57 LANDSCAPING
A ten (10) foot landscaped buffer adjacent
to any street and two and one—half (2-1/2)
feet landscaped buffer adjacent to any
abutting lot shall be required. -
67
637.59 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, coastal construction setback
established by the State of Florida, 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.
637.60 OFF-STREET PARKING AND ACCESS
Off-street parking and access to a public or
private street shall be provided in accord-
ance with Chapter 639.
637.61 TR-1: SINGLE FAMILY MOBILE HOME
DISTRICT
The provisions of this district are intended
to apply to an area of single family mobile
home development.
637.63 PRINCIPAL USES AND STRUCTURES
Single family mobile homes.
637.65 ACCESSORY USES AND STRUCTURES
A. Cabanas, provided that they are a manufac.
tured 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 facilit
637.67 SPECIAL EXCEPTIONS
None.
637.69 PROHIBITED USES AND STRUCTURES
All uses not specifically or provisionally
permitted herein.
69
637.71 AREA AND DIMENSION REGULATIONS
Minimum Lot Area: 2,500 Sq. Ft.
Minimum Lot Width: 50 Feet
Minimum Lot Depth: 50 Feet
Maximum Lot Coverage: 40%
Minimum Floor Area: 350 Sq. Ft.
Maximum Height: 15 Feet
MINIMUM YARD REQUIREMENTS
Front: 15 Feet
Side: 5 Feet
Rear: 5 Feet
637.73 OFF-STREET PARKING AND ACCESS
Off-street parking and access to a public or
private street shall be provided in accordance
with Chapter 639.
637.81 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 residential
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 restrictions are intended to reduce
conflict with adjacent residential uses and
to minimize the interruption of traffic along
thoroughfares.
637.83 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. Retail stores, sales and display rooms;
B. Personal service establishments such as
beauty and barber shops, laundry and dry
cleaning pickup stations, tailor shops, and
71
637.83 (Cont.)
similar uses;
C. professional offices, studios, clinics,
laboratories, general offices, business
schools and similar uses;
D. Hotels, motels - in no case shall there
be more than thirty (30) rental units per -
net residential acre; nor shall a rental unit
have a floor area less than 300 Sq. Ft.
E. Eating establishments.
F. Public and semi-public parks, playgrounds,
clubs and lodges, cultural facilities,
hospitals, clinics, restoriums, mortuaries,
funeral homes, government offices, schools,
churches and similar uses;
G. Banks and financial institutions;
H. Public and private parking lots and
garages;
I. Commercial recreation such as driving
ranges, bowling alleys, and similar uses;
J. Plant nurseries and greenhouses, providing
that all outside display of merchandise shall
637.83 (Cont.)
be contained in the required setbacks;
K. Repair service establishments such as
household appliances, radio and TV and
similar uses, but not including automobile
repairs;
L. Multiple family dwellings, provided, howevi
that in no case shall there be more than
fifteen (15) dwelling units per net residenti+
acre.
637.85 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.
637..87 SPECIAL EXCEPTIONS PERMISSIBLE BY
BOARD OF ADJUSTMENT
A. Public utilities uses and rights -of -way;
B. Veterinary hospitals and clinics providing
that the following conditions are met:
1. All areas used for boarding or temporary
73
637.87 (Cont.)
housing of animals shall be completely enclosed
unless appropriate safeguards are constructed
to control objectionable 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 Chapter 639.69
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 Sq. Ft.
2. Minimum Lot Width: 100 Feet
3. Minimum Lot Depth: 100 Feet
4. Maximum Lot Coverage: 25%
5. Minimum Floor Area: 1,000 Sq. Ft.
6. Maximum Height: 25 Feet
74
637.87 (Cont.)
7. Minimum Building Setbacks:
From any street:
Interior Side:
Rear:
40 Feet
25 Feet
15 Feet
8, Other Minimum Setbacks from any Property
Line:
Pump Islands: 25 Feet
Canopy: 20 Feet
Signs, Portable or
Fixed: 15 Feet
Storage Tanks: 15 Feet
And in addition, underground storage is
required for all receptacles for combus-
tible materials in excess of 55 Gallons.
9. Curb Cuts: The number of curb cuts or
driveways shall not exceed two (2) for each
street frontage. Such curb cuts shall be a
maximum of thirty (30) feet wide and shall be
located no closer to any intersection than
twenty-five (25) feet, and no closer to any
rear or side lot than fifteen (15) feet, Curb
cuts and driveways shall be constructed
according to City specifications.
75
637.87 (Cont.)
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 Chapter 639 shall be provided along any
property line abutting a residential district.
12. Services and Sales permissible include
only the following:
a. Sale and servicing of spark plugs,
batteries, and distributor 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, wind—
shield wipers and wiper blades, grease
retainers, wheel bearings, mirrors and the like;
d. Radiator cleaning, and flushing and
repairs including removing of tanks or recoring
of radiators.
637.87 (Cont.)
d.(continued)
Notwithstanding the provisions of this para•
graph, requirements as set forth in the
Southern Standard Building Code, including
Section 505 shall be complied with, as well
as the Occupational Safety and Health Act;
e. Washing and polishing, and the sale of
automotive washing and polishing materials;
f. Greasing and lubrication;
�. Providing and repairing, fuel pumps an
lines;
h. Minor servicing and repair of carburet
i. Wiring repairs; notwithstanding the
provisions of this paragraph, requirements
set forth in the Southern Standard Building
Code, including Section 505, shall be compl
with as well as the Occupational Safety and
Health Act;
l•
Adjnsting and repairing brakes;
k. Minor motor adjustments not involving
removal of the head or crankcase or racing
the motor;
77.
637.87 (Cont.)
JJ
fl.y Sale of cold drinks, package foods,
tobacco, and similar convenience goods for
service station customers, as accessory and
incidental to principal operation;
m. Provision of road maps and other infor-
mational material to customers, provision of
restroom facilities;
n. The rental of moving or travel trailers
and trucks**;
o. Major mechanical repairs performed only
within the confines of the service station
building;
p. Uses permissible at a service station do
not include body work, straightening of body
parts, painting, welding (other than minor
repairs), storage of automobiles not in
operating condition; or other work involving
noise, glare, fumes, smoke or other character-
istics to an extent greater than normally
found in service stations. A service station
is not a major repair garage nor a body shop.
' 78
637.87 (Cont.).
E. Planned Commercial Development on a parcel
three (3) acres or more, subject to the pro-
visions set forth in the Schedule of Special
Exceptions permissible by the Board of Adjust-
ment for Planned Development;
F. Places in which goods are produced and
sold at retail upon the premises;
C. Vocational and trade schools not involving
operations of an industrial nature;
H. Mobile home parks, subject to the provisions
of Chapter 641,
I. Residential Planned Unit Development as
set forth in Chapter 641,
J. Establishments dispensing alcoholic
beverages.
**Notwithstanding the provisions of this
paragraph, requirements as set forth in the
Southern Standard Building Code, including
Section 505, shall be complied with as well as
the Occupational Safety and Health Act.
79
637.89 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, storage 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"
specifications as provided in
Chapters639.13 to 639.41 inclusive.
F. Drive-in theatres.
637.91 AREA AND DIMENSION REGULATIONS
Minimum Lot Area:
Multiple family
dwellings, hotels
and motels:
12,000 Sq. Ft.
All other principal
uses and structures:
5,000 Sq. Ft., and in
addition, the ratio of
gross floor area to
lot area shall not
exceed 1.5:1.0
637.91 (Cont.)
Minimum Lot Width:
Minimum Lot Depth:
Maximum Lot Coverage:
Multiple family
dwellings, hotel
and motels:
100 Feet
All other princj
uses and structt
50 Feet
Multiple family
dwellings, Note]
motels and all c
principal uses
structures:
100 Feet
Multiple family
dwellings:
25%
Hotels and Mote]
40%
All other princi
uses and structt
50%
Minimum Living or Floor Area: Multiple fami
dwellings, hotel
and motels:
One Bedroom:
850 Sq. Ft. pex
dwelling unit
Two Bedroom:
1,050 Sq. Ft.
dwelling unit,
200 Sq. Ft. foz
each additional
bedroom
637.91 (Cont.)
Minimum Living or Floor Area:
(Continued) Hotels and Motels:
300 Sq. Ft. per
rental unit
(Hotel and motel
units containing
provisions for coo
ing or light house
keeping shall meet
the regulations of
Multiple Family
Dwellings).
All other principa
uses and structure
300 Sq. Ft.
Maximum Height:
Front:
Multiple family
dwellings, hotels
and motels:
45 Feet
All other principa:
uses and structure:
40 Feet
MINIMUM YARD REQUIREMENTS: C-1
Multiple family
dwellings, hotels
and motels and all
other principal
uses and structure;
25 Feet
Side Interior Lot:
Multiple family
dwellings:
15 Feet, plus 3 Fee
for every 10 Feet
or increment thereo
over 20 Feet in
height
637.91 (Cont.)
Side Interior Lot:
(Continued)
Side Corner Lot:
Rear:
82
Hotels, motels and
all other principal
uses and structures:
0 Feet; 25 Feet
when abutting a
residential zoned
district
Multiple family
dwellings, hotels
and motels and all
other principal uses
and structures:
25 Feet
Multiple family
dwellings:
20 Feet, plus 2 Feet
for each 10 Feet or
increment thereof
over 20 Feet in
height
Hotels, motels and
all'other principal
uses and structures:
10 Feet; 25 Feet
when abutting a
residential zoned
district
637.93 LANDSCAPING AND SCREENING
Defined in Chapter 639 (Supplementary District
Regulations) of this ordinance.
637.95 OFF-STREET PARKING AND ACCESS
Off-street parking and access to a public or
private street shall be provided in accordance
with Chapter 639.
83
638.01 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-
commercial uses, and to minimize the interrup-
tion of traffic along adjacent thoroughfares.
638.03 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 u-nit with certain
site improvements shared in common, on a
site of three (3) acres or less:
A. Retail stores, sales and display rooms;
B. Personal service establishments such as
beauty and barber shops, laundry and dry
cleaning pickup stations, tailor shops, and
similar uses;
638.03 •(Cont.)
C. Professional offices, studios, clinics,
laboratories, general offices, business scho
and similar uses;
D. Hotels, motels - in no case shall there b
more than thirty (30) rental units per net
residential acre; nor. shall a rental unit ha
a floor area less than 300 Sq. Ft.;
E. Eating and drinking establishments;
F. Public and semi-public parks, playgrounds
clubs and lodges, cultural facilities, hos-
pitals, clinics, restoriums, mortuaries,
funeral homes, government offices, schools,
churches and similar uses;
G. Banks and financial institutions;
H. Public and private parking lots and
garages;
I. Commercial recreation such as driving
ranges, bowling alleys, and similar uses;
J. Plant nurseries and greenhouses, providir
that all outside display of merchandise sha]
be contained in the required setbacks;
85
638.03 (Cont.)
K. Repair service establishments such as
household appliances, radio and TV and similar
uses;
L. Multiple family dwellings, provided, however,
that in no case shall there be more than fifteen
(15) dwelling units per net residential acre.
M. Wholesaling from sample stock only with no
production permitted on the premises;
N. Any other retail sales outlet of products
sold directly to the consumer;
0. Dry cleaning establishments using non-
inflammable solvents and cleaning fluids as
determined by the Fire Chief;
P. Business service establishments;
Q. 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;
2. The outside display shall be treated
with a hard material suitable for pedestrian
traffic;
86'
638.03 (Cont.).
3. The outside display area shall be consider—
ed the same as the floor area for the purpose
of calculatingoff-street parking requirements;
setback and lot coverage regulations.
R. 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 automobiles other than temporary
storage, which shall be in an enclosed area,
and the vehicles shall not be visible from
outside the property;
87
638.03 (Cont.)
5. Ingress and egress points shall not be
placed so as to endanger pedestrian traffic.
638.05 ACCESSORY USES AND STRUCTURES
Customary accessory uses of one or more of the
principal uses, clearly incidental and sub-
ordinate to the principal use, in keeping
with the intense commercial character of the
district are permitted.
638.07 SPECIAL EXCEPTIONS PERMISSIBLE BY
BOARD OF ADJUSTMENT
A. Public utility uses and rights -of -way;
B. Veterinary hospitals and clinics providing
that the following conditions are met:
1. All areas used for boarding or temporary
housing of animals shall be completely
enclosed unless appropriate safeguards are
constructed to control objectionable 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,
638 . 07 (Cont.)
meeting the specifications of Chapter 639
and any other conditions required by the
Board of Adjustment;
C. Radio and television studios, broadcastin;
towers and antennas;
D. Service stations, subject to the followin;
provisions:
1. Minimum lot area: 15,000 Sq. Ft.
2. Minimum lot width: 100 Feet
3. Minimum lot depth: 100 Feet
4. Maximum lot coverage: 25%
5. Minimum floor area: 1,000 Sq. Ft.
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 propert'
line:
Pump islands: 25 Feet
Canopy: 20 Feet
89
638.07 (Cont.)
Signs, portable
or fixed: 15 Feet
Storage tanks: 15 Feet
And in addition, underground storage is
required for all receptacles for combustible
materials in excess of 55 gallons,
9. Curb cuts: The number of curb cuts or
driveways shall not exceed two (2) for each
street frontage. Such curb cuts shall be a
maximum of thirty (30) feet wide and shall be
located no closer to any intersection than
twenty—five (25) feet and no closer to any
rear or side •lot 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 specifica—
tions of Chapter 639 shall be provided along
any property line abutting a residential
district.
90
638.07 (Cont.)
12. Services and sales permissible include
only the following:
a. Sale and servicing of spark plugs,
batteries and distributor 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
retainers, wheel bearings, mirrors, and the
like;
d. Radiator cleaning and' flushing,
repairs including removing of tanks or recor—
ing of radiators, notwithstanding the provision
of this paragraph, requirements as set forth
in the Southern Standard Building Code,
including Section 505 shall be complied with,
as well as the Occupational Safety and Health
Act.
c. 91
638.07 (Cont.)
e. Washing and polishing, and sale of
automotive washing and polishing materials;
f. Greasing and lubrication;
Providing and repairing fuel pumps
and lines;
h. Minor servicing and repair of car—
buretors;
i. Wiring repairs, notwithstanding the .
provisions of this paragraph, requirements as
set forth in the Southern Standard Building
Code, including Section 505, shall be complied
with as well as the Occupational Safety and
Health Act;
Adjusting and repairing brakes;
k. Minor motor adjustments not involving
removal of the head or crankcase or racing
the motor;
1. Sale of cold drinks, package foods,
tobacco and similar convenience goods for
service station customers, as accessory and
incidental to principal operation;
638.07 (Cont.)
m, Provision of road maps and other
informational material to customers, provis
of restroom facilities;
n. The rental of moving or travel
trailers and trucks, notwithstanding the
provisions of this paragraph, requirements
as set forth in the Southern Standard Build
Code, including Section 505, shall be compl
with as well as the Occupational Safety and
Health Act;
o. Major mechanical repairs performed
only within the confines of the service
station building;
p. Uses permissible at a service stat
do not include body work, straightening of
body parts, painting, welding (other than
minor repairs), storage of automobiles not
in operating condition, or other work invol
noise, glare, fumes, smoke or other charact
istics to an extent greater than normally
found in service stations. A service station
not a major repair garage nor a body shop.
93
638.07 (Cont.)
E. Planned Commercial Development on a parcel
three (3) acres or more, subject to the pro—
visions set forth in the Schedule of Special
Exceptions permissible by the Board of Adjust—
ment for Planned Development;
F. Places in which goods are produced and sold
at retail upon the premises;
G. Vocational and trade schools not involving
operations of an industrial nature;
H. Mobile home parks, subject to the provisions
of Chapters641.61 and 641.63;
I. Residential Planned Unit Development as
set forth in Chapter3641.01 to 641.55 inclusive
J. Marinas.
638.09 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;
638.09 (Cont.)
C. A11 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 of Chapter$639.13•to
639.41 inclusive;
E. Automotive repair establishments which
provide body work, upholstery or painting
services;
F. Drive-in theatres.
638.11 AREA AND DIMENSION REGULATIONS
Minimum Lot Area:
94
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 Feet
Minimum Lot Depth: 100 Feet
Maximum Lot Coverage: 75%
Minimum Floor Area: 300 Sq. Ft,
Maximum Height: 40 Feet
•
638.11 (Cont.)
MINIMUM YARD REQUIREMENTS
Front: 25 Feet
Side Interior Lot:
95:
None; 25 Feet when
abutting a residen-
tial zoned district
Side Corner Lot: 25 Feet
Rear: 10 Feet
638.13 LANDSCAPING AND SCREENING
Defined in Chapter 639 (Supplementary District
Regulations) of this ordinance.
638.15 OFF-STREET PARKING AND ACCESS
Off-street parking and access to a public or
private street shall be provided in accord-
ance with Chapter 639.
638.21 T-I: TOURIST DISTRICT
The provisions of this district are intended
to apply to an area which will be a major
tourist attraction and destination. The typ
of uses permitted and other restrictions are
intended to promote this type of development
and protect it from incompatible uses that
would be detrimental to the orderly growth o:
the area.
638.23 PRINCIPAL USES AND STRUCTURES
A. Multiple family dwellings, motels and hoti
provided however, that in no case shall them
be more than fifteen (15) dwelling units for
multiple family or thirty (30) rental units
for motels and hotels per net residential ac:
B. Eating establishments provided, however,
that in no case shall there be a seating
capacity of less than 200.
C. Office buildings, studios, clinics con-
taining at least 20,000 square feet of area.
D. Commercial amusement enterprises such as
bowling lanes, aquariums, and skating rinks;.
97
638.23 (Cont.)
provided, however, 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.
638.25 ACCESSORY USES AND STRUCTURES
A. Customary accessory uses of one or more of
the principal uses clearly incidental and
subordinate to the principal uses, 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.
r. 98 :
638.25 (Cont.),
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, news-
stand, shoe store, sporting goods, wearing
apparel store, wig shop. Eating and drinking
establishments as accessory uses are not re-
quired to meet the 200 seat minimum capacity.
638.27 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 _.
99
638.27 (Cont.)
E. Tourist oriented sales and services such
as but not necessarily limited to: antique
shops, art gallery, automobile rental, confec
tionary, 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.
G. Establishments dispensing alcoholic beverages,
538.29 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. Drive—in theatres.
638.31 AREA AND DIMENSION REGULATIONS
Minimum Lot Area:
Minimum Lot Width:
Minimum Lot Depth:
Maximum Lot Coverage:
Maximum Height:
6,000 Sq. Ft.
50 Feet
120 Feet
40%
60 Feet
Minimum Living or Floor Area:
Multiple Family:
Efficiency: 450 Sq. Ft.
One Bedroom:
Two Bedroom:
Motels,. Hotels:
Other than above:
Front:
850 Sq. Ft.
1,050 Sq. Ft., plu
200 Sq. Ft. for ea
additional bedroom
Floor area shall b
300 Sq. Ft. per
rental unit
600 Sq. Ft.
MINIMUM YARD REQUIREMENTS
Side Interior Lot:
25 Feet plus 2 Fee
for each 10 Feet o
building height or
increment thereof
over 40 Feet
15 Feet plus 2 Fee
for each 10 Feet
of building height
or increment there
over 40 Feet.
101
638.31 (Cont.)
Side Corner Lot: Same as front
Rear: 20 Feet plus 2 Feet
for each 10 Feet
of building height
or increment thereo
over 40 Feet
638.33 LANDSCAPING AND SCREENING
Defined in Chapter 639 (Supplementary District
Regulations) of this ordinance.
638.35 OFF-STREET PARKING AND ACCESS
Off-street parking and access to a public
or private street shall be provided in
accordance with Chapter 639.
102
638.41 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 devel-
opment, distribution and other industrial
functions. Restrictions herein are intended
to minimize adverse influences of the indus-
trial activities. All uses permitted in this
zone shall be contained in an enclosed
structures
638.43 PRINCIPAL USES AND STRUCTURES
The following uses and structures are per-
mitted provided any use or group of uses
that are developed, either separately, or if
developed as a unit with certain site im-
provements shared in common, are developed
on a site of five (5) acres or less:
A. General offices, studios, clinics, lab-
oratories, data processing and similar uses.
B. Engineering, laboratory, scientific and
research instrumentation and associated uses.
103
638.43 (Cont.)
C. Manufacture of:
1. Instruments for controlling, measuring and
indicating physical characteristics;
2. Optical instruments and lenses;
3. Surgical, medical and dental instruments
and supplies;
4. Ophthalmic goods;
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 notions;
13. Other similar uses.
638.43 (Cont.)
D. Eating' Establishments.
638.45 ACCESSORY USES AND STRUCTURES
A. Retail sales of products manufactured,
processed or stored upon the premises.
B. Customary accessory uses of one or more c
the principal uses, clearly incidental and s
ordinate to the principal use in keeping wit
the light industrial and research and develc
ment character of the district.
638.47 SPECIAL EXCEPTIONS PERMISSIBLE BY
BOARD OF ADJUSTMENT
A. Planned Industrial Development on a miniar
size parcel of five (5) acres, subject to tb
provisions set forth in the schedule of Spec
Exceptions permissible by the Board of Adjus
ment for Planned Development.
B. Public utility uses and rights -of -way.
Lam- C.
After public notice and hearing, the Boar
of Adjustment may permit special exceptions
are compatible to permitted uses and which a
able to meet the minimum requirements and
105
638.47 (Cont.)
performance standards as set forth in this
zoning district.
D. Radio and television studios, broadcasting
�t E. Establishments dispensing alcoholic beverages.
towers and antennas.
�� 638.49 PROHIBITED USES AND STRUCTURES
A. Residential uses.
B. Motels, hotels, boarding and lodging houses.
C. Automobile wrecking yards, junk yards,
scrap and salvage yards for secondhand build—
ing 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
established in Chapter 639 (Performance
Standards) of this ordinance.
'106
638.51 AREA AND DIMENSION REGULATIONS
Minimum Lot Area: 10,000 Sq. Ft.
Minimum Lot Width: 75 Feet
Minimum Lot Depth: 100 Feet
Maximum Lot Coverage:, 50%
Minimum Floor Area: 300 Sq. Ft.
Maximum Height: 40 Feet
MINIMUM YARD REQUIREMENTS
Front:
Side Interior Lot:
25 Feet
15 Feet except where
industrial property
abuts a residential
district in which
case the minimum
side interior lot
shall be 25 Feet
Side Corner Lot: 25 Feet
Rear:
"15 Feet except where
industrial property
abuts a residential
district in which
case the minimum
rear yard requirement
.shall be 25 Feet
638.53 LANDSCAPING AND SCREENING
Defined in Chapter 639 (Supplementary District
Regulations) of this ordinance.
107:
638.55 PERFORMANCE STANDARDS
Defined in Chapter 639 (Performance Standards)
of this ordinance.
638.57 PARKING. AND LOADING
Defined in Chapter 639 (Off -Street Parking and
Loading Regulations) of this ordinance.
638.61 M-2: LIGHT INDUSTRIAL AND WAREHOUSIN
DISTRICT
The provisions of this district are intended
to apply to an area located in close proximi
to transportation facilities and which can
serve light manufacturing, warehousing, dist
bution, wholesaling and other industrial
functions. Restrictions herein are intended
to minimize adverse influences of the indus-
trial activities.
638.63 PRINCIPAL USES AND STRUCTURES
The following uses and structures are permit
provided any use or group of uses that are
developed, either separately, or if develope
as a unit with certain site improvements
shared in common, are developed on a site
of five (5) acres or less:
A. General offices, studios, clinics, labor-
atories, data processing and similar uses.
B. Engineering, laboratory, scientific and
research instrumentation and associated uses
109
638.63 (Cont.)
C. Manufacture of:
1. Instruments for controlling, measuring
and indicating physical characteristics;
2. Optical instruments and lenses;
3. Surgical, medical and dental instruments
and supplies;
4. Ophthalmic goods;
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 electronic
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.
•110
638.63 (Cont.)
D. Eating establishments.
E. Warehousing and wholesaling including
refrigerated storage; outside storage areas
shall be walled on all sides.
F. Service and repair establishments, welding
shops, dry cleaning and laundry plants,
printing plants, taxidermists and similar uses.
G. Light manufacturing, processing and assembly,
such as precision manufacturing, electrical
cttk;,711
machinery, bottling plants, -olls-Lly products
plants, bakeries, fruit packing and similar uses.
H. Building materials supply and storage;
contractor's storage yard except scrap mater—
ials. Outside storage areas shall be effective—
ly walled on all sides.
1. 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.
111
638.63 (Cont.)
J. Freight handling facilities; transportation
terminals.
K. Vocational.and trade schools, including
those of an industrial nature.
L. Public and semi-public uses, including
those of an industrial nature such as treatment
plants, equipment storage and garage.
638.65 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 principal uses, in keeping with the
industrial character of the district are
permitted.
638.67 SPECIAL EXCEPTIONS PERMISSIBLE BY
BOARD OF ADJUSTMENT
A. Planned Industrial Development on a minimum
size parcel of five (5) acres, subject to the
638.67 (Cont.)
provisions set forth in the schedule of
Special Exceptions permissible by the Board
of Adjustment for Planned Development.
B. Public utility uses and rights -of -way.
After public notice and hearing, the Boar
of Adjustment may permit special exceptions
which are compatible to permitted uses and
which are able to meet the minimum requireme
and performance standards as set forth in th
zoning district.
D. Radio and television studios, broadcasing
towers and antennas.
E. Service stations, subject to the provisio
designated in C-1.
F. Veterinary hospitals and clinics, subject
\to the provisions designated in C-1.
G. Establishments dispensing alcoholic bever
F38.69 PROHIBITED USES AND STRUCTURES
A. Residential uses, except as provided uncle]
accessory uses.
B. Motels, hotels, boarding and lodging housf
113
638.69 (Cont.)
C. Automobile wrecking yards, junk yards,
scrap and salvage yards, fog --second hand
bs.
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 petrol—
eum products.
G. All uses not specifically or provisionally
permitted herein; any use not in keeping with
the industrial character of the district.
H. Any use deemed objectionable by the standards
established in Chapter 639 (Performance
Standards) of this ordinance.
638.71 AREA AND DIMENSION REGULATIONS
Minimum Lot Area:
20,000 Sq. Ft. and
in addition the
ratio of gross
floor area to lot
area shall not
exceed 2.0:1.0
638.71 (Cont.)
Minimum Lot Width: __100 Feet
Minimum Lot Depth: __150 Feet _.
Maximum Lot Coverage: 75%
Minimum Floor Area: 900 Sq. Ft.
Maximum Height: _ 40 Feet
MINIMUM YARD REQUIREMENTS
Front: 35 Feet
Side Interior Lot:
Side Corner Lot:
Rear:
114
0 Feet, except where
a district (other
than residential)
requiring such set-
back, such use will
provide the same set-
back as required for
the abutting district;
where an industrial
use borders a resi-
dentfal district, the
setback shall be
35 Feet,
35 Feet
15 Feet; 10 Feet when
abutting an alley; 35
Feet when abutting a_
residential district.
638.73 LANDSCAPING AND SCREENING
Defined in Chapter 639 (Supplementary
Regulations) of this ordinance.
115
638.75 PERFORMANCE STANDARDS
Defined in Chapter 639 (Performance Standards)
of this ordinance.
638.77 PARKING AND LOADING
Defined in Chapter 639 (Parking and Loading
Regulations) of this ordinance.
638.81 M-3: GENERAL INDUSTRIAL DISTRICT
The provisions of this district are intended
to apply to an area located in close.proximit
to transportation facilities and which can
serve general manufacturing, storage, distri-
bution and other general industrial functions,
Restrictions herein are intended to minimize
adverse influences of the industrial activitiE
638.83 PRINCIPAL USES AND STRUCTURES
The following uses and structures are permittE
provided any use or group of uses that are
developed either separately, or if as a unit
with certain site improvements shared in
common, are developed on a site of five (5)
acres or less:
A. General offices, studios, clinics, labor-
atories, data processing and similar uses.
B. Engineering, laboratory, scientific and
research instrumentation and associated uses.
C. Manufacture of:
1. Instruments for controlling, measuring
and indicating physical characteristics;
11
638.83 (Cont.)
2. Optical instruments and lenses;
3. Surgical, medical and dental instruments
and supplies;
4. Ophthalmic goods;
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 electronic
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.
D. Eating establishments.
E. Warehousing and wholesaling including
refrigerated storage;outside storage areas shal
be walled onall sides.
638.83 (Cont.)..
F. Service and repair -establishments, welding
shops, dry cleaning and laundry plants,
printing plants, taxidermists and similar uses.
G. Light manufacturing, processing and assembly,
such as precision manufacturing, electrical
machinery, bottling plants, dairy products
plants, bakeries, fruit packing and similar uses.
H. Building materialssupplyand storage;
contractor's storage yard except scrap materials.
Outside storage areas shall be effectively
walled on all sides.
I. Automotive, major recreational equipment
and mobile home sales, storage and repair
establishments, such as body shops, dry dock—
ing facilities, tire recapping, paint shops,
upholstery shops and the like.
J. Freight handling facilities; transportation
terminals.
K. Vocational and trade schools, including
those -of an industrial nature.
119
638.83 (Cont.)
L. Public and semi—public uses, including those
of an industrial nature.
M. Storage of liquified petroleum products
providing that all such uses comply with the
standards set out in the National Fire
Protection. Association Code.
N. General manufacturing, assembly and process—
ing, 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.
638.85 ACCESSORY USES AND STRUCTURES
A. Retail sales of products manufactured,
processed or stored upon the premises.
B. Not more than one dwelling unit for occu—
pancy by owners or employees of the principal
use.
C. Customary accessory uses of one or more of
the principal uses, in keeping with the
industrial character of the district are
permitted.
638.87 SPECIAL EXCEPTIONS PERMISSIBLE BY
BOARD OF ADJUSTMENT
A. Planned Industrial Development on a minimun
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.
B. Public utility uses and rights -of -way.
C. After public notice and hearing, the Board
of Adjustment may permit special exceptions
which are compatible to permitted uses and
which are able to meet the minimum requirement
and performance standards as set forth in thi;
zoning district.
D. Radio and television studios, broadcasting
tower and antennas.
E. Service stations, subject to the provision:
designated in C-1.
F. Veterinary hospitals and clinics, subject
to the provisions designated in C-1.
G. Establishments dispensing alcoholic bevera
638.89 PROHIBITED USES AND STRUCTURES
A. Residential uses, except as provided under
accessory uses.
12
638.89 (Cont.)
B. Motels, hotels, boarding and lodging houses,
C. Automobile wrecking yards, junk yards, scrap
and salvage yards»oL s condhand building
ll['aTeZTUTS
D. Churches, private clubs and lodges, public
schools.
E. Retail and other commercial establishments
except as specifically or provisionally
permitted herein.
F. All uses not specifically or provisionally
permitted herein; any use not in keeping with
the industrial character of the district.
G. Any use deemed objectionable by the standard
established in Chapter 639 (Performance
Standards) of this ordinance.
638.91 AREA AND DIMENSION REGULATIONS
Minimum Lot Area:
30,000 Sq. Ft. and in
addition, the ratio
of gross floor area t
lot area shall not
exceed 2.0:1.0
Minimum Lot Width: 100 Feet
Minimum Lot Depth: 200 Feet
638.91 (Cont.)
Maximum Lot Coverage: .. _.75%
Minimum Floor Area: _1,500 Sq. Ft.
Maximum Height: _... _. 40 Feet
MINIMUM YARD REQUIREMENTS
Front: .50 Feet
Side Interior Lot:
Side Corner Lot:
Rear:
122
0 Feet, except where
a district (other
than residential)
requiring such set-
back, such use will
provide the same set-
back as required for
the abutting district;
where an industrial
use borders a resi-
dential district the
_.._ _setback shall be
50 Feet.
50 Feet
15 Feet; 10 Feet when
abutting an alley,
50 Feet when abutting
a residential district
638.93 LANDSCAPING AND SCREENING
Defined in Chapter 639 (Supplementary District
Regulations) of this ordinance.
638.95 PERFORMANCE STANDARDS
Defined in Chapter 639 (Performance Standards)
of this ordinance.
123
638.97 PARKING AND LOADING
Defined in Chapter 639 (Parking and Loading
Regulations) of this ordinance.
639.01 OFF-STREET PARKING REGULATIONS
A. Definition of Off -Street Parking Space:
For the purposes of this ordinance, the
term "off-street parking space" shall con-
sist 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 theret
B. Requirements for 0ff-Street Parking:
There shall be provided 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:
125
639.01 (Cont.)
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 300 square feet of gross floor
area or fraction thereof.
3. Churches, Temples or Places of Worship:
One space for each 4 seats or seating places,
or one space for each 125 square feet of floor
area of the main assembly hall, whichever is.
greater.
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 50% of the floor area
open to the public.
126
639.01 (Cont.) -_-.-_
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 5 seats
or seating places, exclusive of areas needed
for ambulances.
10. Nursing or Convalescent Homes and.
Sanitariums: One space for each 4 patient beds.
11. Office and Professional Buildings (exclud-
ing Medical and Dental Clinics): One space for
each 300 square feet of gross floor area.
12. Public Buildings: One space for each 5
seats or seating places, or one space for
every 150 square feet of floor area in the
main assembly room, whichever is greater.
13. Residential Uses (including Single, Two
and Multiple Family Dwellings,RPUD, and Mobile
Homes): Two spaces for each living unit.
127.;
639.01 (Cont.)
14. Restaurants or other eating places:..
One space for each 3 seats or seating places.
15. Rooming, boarding houses: One space for
each bed.
16. Schools:
a. Colleges, technical and vocational
schools: One space for each student.
b. High School: One space for each two
students.
c. Junior High, Elementary, Kindergarten,
Nursery: One 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.
639.01 (Cont.)
C. Location of Off -Street Parking Spaces:
1. Parking spaces for all residential uses
shall be located on. the same property as the
main building to be served where feasible,
unless otherwise stipulated elsewhere in this
ordinance, except that one-half the total
number of required spaces for multiple -family
dwellings, townhouses, and mobile homes may
be located in a common parking facility not
more than 200 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 50C
feet distant.
3. Parking requirements for two or more use
of the same or different types, may be satis-
fied 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
12!
639.01 (Cont.)
4. Required off—street parking areas for
five or more automobiles shall have individual
spaces marked, and shall be so designed, main—
tained, and regulated that no parking or
maneuvering shall be on any landscaped buffer,
public street, walk, or alley, and so that any
automobile may be parked and unparked without
moving another, allowing however, a driveway
or driveways of not more than twenty—four (24)
feet total on any street or alley for ingress
or egress to said off—street parking area.
5. In R-2 zoning districts, required off—
street parking areas for ten (10) or more
automobiles shall have individual spaces
marked and shall be so designed, maintained and
regulated that no parking or maneuvering shall
be on any landscaped buffer, public street,
walk or alley, and so that any automobile
may be parked and unparked without moving
another, allowing however, -a driveway or drive—
ways of not more than twenty—four (24) feet
'130
639.01 (Cont.)
total on any street.. or .alley for _ingress or
egress to said off-street. parking area......
639.03 OFF-STREET.LOADING
A. Requirements for Off -Street Loading Spaces:
1. Every permitted use requiring the receipt
or distribution.by vehicles of materials or
merchandise and having a floor area of 10,000
square feet or more, shall have at least
one permanently maintained off-street loading
space for each 10,000 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 10,000 square
feet shall provide sufficient receiving space
on the property so as not to hinder the
movement of vehicles and pedestrians over a
sidewalk, street or alley.
'131
639.03 (Cont.)
B. Location and Dimensions of Off -Street
Loading Space:
Each space shall have direct access to an
alley or street and shall have the following
minimum dimensions:
Length: 45 Feet
Width: 12 Feet
Height: 14 Feet
639.05 HOME OCCUPATIONS
639.07 PERMITTED HOME OCCUPATIONS
Customary home occupations which are incider
to the permitted residential use shall be
allowed in any district which permits home
occupations.
Permitted home occupations shall be personal
service occupations of a domestic crafts or
professional nature, such as:
Dressmaking, Millinery, Sewing, Tailoring,
Weaving, Furniture Repair, Washing and Ironi
Carpentry, TV or Radio Repair, Watch Repair,
Law, Manufacturer's Agent, Architecture,
Medicine or Dentistry, Engineering, Real Est
Insurance, Accounting, Notary Public, Teachi
Clergy, Writing, Painting, Music, Photograph
Any .home occupation which is determined by t
Building Official, by its nature and require
ments, to be similar to one of those above
listed, shall be permitted as a home occupat
provided such home occupation c mplies with
-gee i-s e-n--same- Occupation o inance.
Al
13:
639.09 HOME OCCUPATION REQUIREMENTS
A. Home occupations are permitted in single
family unattached residences only.
B. The primary use of the building shall remain
residential and the operator of the home
occupation shall remain a resident thereof.
C. No structural additions, enlargements, or
exterior alterations changing the residential
appearance to a business or commercial appear—
ance shall be permitted.
D. No home occupation shall occupy an area
greater than twenty—five (25) per cent of the
first floor area of the residence, 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 quar-
ters, shall be considered as floor area until
two (2) years after the date of completion
thereof.
1134
639.09 (Cont.)
E. No additional and separate entrance incon-
gruent with the residential structural design
shall be constructed for the purpose of con-
ducting the home occupation.
F. The home occupation shall be conducted
entirely within the dwelling unit used as
the residence; it shall not be conducted
in an accessory building.
G. No display of goods or external evidence
of the home occupation shall be permitted
other than a non -illuminated name plate,
not exceeding two (2) square feet in area,
which may be displayed affixed flat against
the exterior surface at a position not more
than two (2) feet distant from the main
entrance to the residence.
H. No person other than members of the family
residing on the premises shall be engaged
in such occupation.
1.
No provision for off-street parking or
loading facilities, other than the requirements
135.
639.09 (Cont.)
of the dwelling district in which_theuse is
located, shall be permitted,__ Occupations which
generate greater volumes of traffic than
would normally be expected in a residential
neighborhood are prohibited.
J. No stock -in trade or commodities, other• than
those prepared, produced or created on the
premises by the operator of the home occupation,
shall be kept or sold on the premises.
K. No motor power other than electric motors
shall be used in conjunction with a home
occupation. The total horsepower of such
motors shall not exceed three (3) horsepower,
or one (1) horsepower for any single motor,
L. No equipment or process shall be used in a
home occupation which creates noise, vibration,
glare, fumes, odors o-r e-rc�ci i s a -e -r cm_
detectable to the normal senses off the lot.
No equipment or process shall be used which
creates visual or audible interference in any
radio or television receivers off the premises,
639.09 (Cont.)
or causes fluctuation in line voltage off the
premises. No home occupation shall interfer(
with the reasonable enjoyment of adjoining
properties.
639.11 OCCUPATIONAL LICENSE REQUIRED
Permitted home occupations shall comply with
the City of Cape Canaveral Occupational
License Tax.
639.12 GARAGE SALES
The non-commercial sale of privately owned
items at retail from a residential premises,
commonly known as a garage sale (or yard
sale), shall comply with the following re-
gulations:
A. Hours of sale shall be restricted to day-
light hours.
B. The sale may continue for two periods of
not more than three consecutive days each.
The two periods of sale shall be separated
by a minimum of four non -sale days and the
136b
639.12 (Cont.)
total sale days shall be completed within 15
consecutive calendar days.
C. Yards shall be cleared of saleable items
on all non -sale days.
D. Subsequent garage sales conducted on the
same premises by the same household are per-
mitted 180 days after the close of the pre-
ceding such sale.
E. A sign specifying a garage or yard sale
may be displayed on the premises of the sale
on sale days only. Such sign shall not
exceed four (4) sq. ft, in size.
F. The person in charge of the sale shall
insure that automotive vehicles of potential
or actual customers do not interfere with
pedestrian or vehicular traffic in the
vicinity.
137
639.13 PERFORMANCE STANDARDS
639.15 APPLICATION OF PERFORMANCE STANDARDS
A. Any use, building, structure, or land
developed, constructed 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 reconstruct—
ed, the performance standards involved shall
apply with respect to such extended, enlarged,
or reconstructed portion or portions of such
use, building, or other structure.
639.17 ADMINISTRATION AND ENFORCEMENT OF
PERFORMANCE STANDARDS
Upon complaint to the Building Official that
an apparent violation in meeting the Perfor—
mance Standards exists, the holder of the
Certificate of Occupancy for the building in
which the alleged violation originates must
furnish the Building Official with a certified
statement by a registered engineer that proper
136b
639.12 (Cont.)
total sale days shall be completed within 15
consecutive calendar days.
C. Yards shallbe cleared of saleable items
on all non -sale days.
D. Subsequent garage sales conducted on the
same premises by the same household are per-
mitted 180 days after the close of the pre-
ceding such sale.
E. A sign specifying a garage or yard sale
may be displayed on the premises of the sale
on sale days only. Such sign shall not
exceed four (4) sq. ft. in size.
F. The person in charge of the sale shall
insure that automotive vehicles of potential
or actual customers do not interfere with
pedestrian or vehicular traffic in the
vicinity.
138a
639.17 (Cont.)
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
procedure shall be borne by the holder of
the Certificate of Occupancy for the building
which was the subject of the complaint.
If the alleged violation occurs in a vacant
building or a portion of a building which
is unoccupied, or on property otherwise
controlled by the owner thereof, such owner
shall be responsible in lieu of the holder
of a certificate of occupancy.
639.21 NOISE STANDARDS
A. No person shall, within the limits of the
City of Cape Canaveral, create or cause to be
created, any unreasonably loud, unnecessary
or disturbing noise. A noise shall be deemed
to be unreasonably loud and a violation of this
131
639.21 (Cont.)
ordinance under the following circumstances:
1. Any sound radiated for continuous or
recurrent periods, from any premises that
produces sound pressure levels at any point
on the property line of said premises or
adjacent dwelling unit, in excess of the
following "A" Scale Limits slow meter
response, measured in decibels:
639.21 (Cont.)
"A" Scale Limits
District Day
Residential 65
Business 75 70
Industrial 80 75
2. Any sound emanating from the construction
or demolition of buildings or structures, or
from the maintenance or construction of streets
or highways, having a sound pressure level
higher than 90 decibels measured from a distance
of 50 feet from the place of the action, or if
the source of the sound is on private property,
measured from the nearest property line.
3. Any noise of an impulsive or intermittent
character, such as hammering, stamping or forg—
ing operations, or gunfire, which produces
sound pressure levels in excess of the follow—
ing "A" Scale Limits, fast meter response,
measured in decibels at a distance of 50 feet,
or at the nearest property line, whichever is
closer:
Night
139
60
639.2I. .(Cdr�t.)
"&" Scale Limits.'--Faot Meter Reonnoae
niotzlut
Residential
uuoioenn
--- ------- ---
70-------'- 60 - —
70 -_
--- ' '--
zoduotziuI ''- ..-'-`85 -_'_--- 75
The mlubzunbona-ooad-to moaaure the Ioodoeoa
of a noise shall -be placed -at any pointno the
-- '
property line or a poiot--50 feet distant from
- - -'
the noise being measured, no closer than 5 feet
from aoy.waII,00t-laoo'thao 4 feet above the
ground and at r1gbt.ang1ea to the noise source.
Sound pressure Ieve1o.ahaII- be measured with
a.aouod level m=tor, bariog un "A" weighted
'
measuring scale manufactured according to the
American National Standards Institute ANSI
Standard o 1.4-1971, which has been calibrated
'
in accordance with ANSI standards.
4. See oitT.nf Cape Canaveral Noise Ordinance--
�
639.23 SMOKE AND PARTICULATE MATTER.STANDARDS
A. 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.
B. Method of Measurement:
The amount of particulate matter present in
ambient air shall be measured by a high-.
volume sampler, capable of pulling approxi-
mately 30 to 50 cubic feet of air per minute
through a pre -weighed filter, and approved
for use by the Florida State Department of
Pollution Control.
C. Locational Requirements for Measurement:
The amount of particulate matter shall be
measured at the property lines of the use from
which such particulate matter is emitted.
D. In the event that a high volume sampler
is not available, every use shall be so
operated as to prevent the emission of smoke
1
639.23 (Cont.) from any source whatever, to a density great
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 Ring
mann Chart may be emitted for a period or
periods totaling four minutes in any thirty
minutes. For the purpose of grading the
density of smoke, the Ringlemann Chart, as
published and used by the United States Bure
of Mines, and which is hereby made, by refer
a part of these regulations, shall be the
standard. All measurements shall be at the
point of emission for this period of measure
639.25 ODOR STANDARDS
A. Requirements:
All uses shall be controlled to prevent the
emission of odorous gases or other matter it
such quantities as to be objectionable or
offensive at the specified points of measur(
143
639.25 (Cont.)
B. Method of Measurement:
A noxious concentration shall be deemed to be
the point at which the threshold of smell can b
achieved.
C. Locational Requirement:
Noxious odors shall be measured as specified at
any point 25 feet in radius from the point of
origin.
639.27 TOXIC GASES, FUMES, VAPORS AND MATTER
A. All uses shall be controlled to prevent the
discharge of any toxic gases or matter in such
quantity that may endanger the public health,
safety or welfare, or cause damage or injury
to other property or uses.
B. Locational Requirement:
Measurement shall be made at point of dis-
charge into the atmosphere.
639.29 VIBRATION STANDARDS
A. Requirements:
All uses shall be controlled to prevent the
transmission of any vibration, from any source
or at any time whatever, that exceeds the
144
639.29 (Cont.)
maximum displacement set forth in subsection
(D) below.
B. 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.
C. Location Requirement:
Vibration shall be measured as specified along
the boundaries of the site.
D. Permitted Vibration Transmissions:
Frequency Maximum Permitted Dis-
(Cycles per Second) placement Along the
Property Line (in inches)
0 to 10 .0008
10 to 20 .0005 - ..
20 to 40 .0002.
Over 40 .0001
639.31 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
145:
639.31 (Cont.)
the boundaries
the._sitz9__unless. their_.__
location precludes, any hazard .or nuisance
arising as a consequence,of such glare or_
light. Locations_requiring some means of
preventing the transmission. of glare or light
beyond the site's_ boundaries are established
according to the relationship between (a)
required minimum .elevation of the lighting ele-
ment or structure) 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 follow-
ing table, _elements or materials below the
minimum elevation required of each distance
shall be shielded or otherwise screened to
prevent transmission of light or glare beyond
the site:
639.31 (Cont.)
Distance from
Site Boundary
50 Feet
60 Feet
70 Feet
80 Feet
90 Feet
100 Feet
1
Required Minimum Ele
vation (for Lighting
Sources or Elements)
20 Feet
19 Feet
18 Feet
17 Feet
16 Feet
15 Feet
639.33 ELECTROMAGNETIC RADIATION
A. Requirements:
All uses shall be controlled to prevent any
source of electromagnetic radiation which doe;
not comply with the current regulations of thf
Federal Communications Commission regarding
such sources of electromagnetic radiation.
639.35 HEAT AND HUMIDITY
Any use producing humidity in the form of ste;
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.
147
639.37 FIRE AND EXPLOSION
Each use shall be so operated as to minimize
the danger from fire and explosion and to comply
with the fire regulations of the NFPA.
639.39 RADIATION HAZARDS
Applicable standards of the Florida State
Board of Health Sanitary Code are hereby
adopted.
639.41 STREAM POLLUTANTS
No effluent shall be discharged into any
stream or waterway unless meeting state
standards. Discharges into the City of Cape
Canaveral sewerage system shall be as approved
by the City Engineer.
639.43
639.45
A. For
'148
SUPPLEMENTARY DISTRICT REGULATIONS
BUILDING SETBACK LINES -
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 prevent the overcrowding of land;
to avoid undue concentration of. population;
to provide adequate facilities for transpor-
tation, parking, water and sewerage; and to
conserve the. value of buildings and encourage
the most
appropriate use
of land,.'
All properties
within the city limits of Cape Canaveral
which abut the following roads shall maintain
these minimum building setback lines:
1° Highway AlA (Portions known as North
Atlantic Avenue and Astronaut Blvd.)
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
149:-
639.45 (Cont.)
northern city boundary shall be seventy-five
(75) feet from the highway right-of-way.
b. Setback on west side of A1A from
southern city boundary to northern city boun-
dary shall be seventy-five (75) feet from the
highway right-of-way.
2. North Atlantic Avenue (that portion of
North Atlantic Avenue also known as
Palm Avenue) -
Setback, each side, from its intersection
with Monroe Ave. to the Northern city boundary
shall be fifty (50) feet from the right-of-way.
3. Ridgewood Avenue
Setback, each side, from the southern
city boundary to the northern terminus of
Ridgewood Avenue shall be twenty-five (25)
feet from the right-of-way.
B. On the Atlantic Ocean, the setback shall
comply with the State coastal construction
setback.-
639.45 (Cont.)
C. In determining the setback requirements
for any building proposed to be erected, tho
setback requirements herein above shall be
construed as a minimum setback, and if a
greater setback is required under any of th,
zoning districts, then such greater setback
requirements shall be enforced.
639.47 ERECTION OF MORE THAN ONE PRINCIPAL
STRUCTURE ON A LOT
In any district, more than one structure
housing a permitted or permissible principa
use may be erected on a single lot, provide
that yard and other requirements of this
ordinance shall be met for each structure
as though it were on an individual lot.
Distance Between Buildings
20' for first two stories
25' for first three stories
30' for first four stories
And two (2) additional feet for each story
above four.
151
639.49 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. Silas 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 wherethe
yard is less than 5 feet in width, the pro-
jection shall not exceed one-half the width
of the yard.
C. Chimneys, fireplaces or pilasters 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.
,152
6 3 9.4 9 .(font o )
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.
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.
I. Other than listed above in G and H, no
required landscape buffer shall be used for
any parking space or backout.area.
J. Open, unenclosed porches, platforms, or
paved terraces not covered by a roof or a
canopy, and which do not ex -tend above the
level of the first floor of the building, may
extend or project into the required yard area.
153
639.51 ACCESSORY STRUCTURES
No accessory structure shall be 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 ten (10) feet of any building on the
same lot nor within fifteen (15) feet of any
lot line and shall not exceed twenty-four (24)
feet in height. However, lots with a one or
two family residence only may erect one (1)
additional accessory structure per unit, not
to exceed one hundred (100) square feet with
maximum height of ten (10) feet if detached;
or thirty-two (32) square feet with'maximum
height of ten (10) feet if attached, in rear
yard regardless of setback. Accessory build-
ings shall be constructed simultaneously with,
or following, the construction 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
residential district.
639.53 VISIBILITY AT INTERSECTIONS
0n a corner lot in any district, nothing sha
be erected, placed, planted or allowed to
grow in such a manner as to impede vision,
between a height of two and one-half (2-1/2)
feet and ten (10) feet above the centerline
grades of the intersecting streets in the
triangular area bounded on two sides by the
street right-of-way lines, and on the third
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 t
street right-of-way lines.
639.55 FENCES, WALLS AND HEDGES
Not withstanding other provisions of this
ordinance, except as specified in Chapter 63
fences, walls and hedges may bepermitted in
required yard or along the edge of any yard,
provided that in any residential district, ni
fence, wall or hedge along any side or back
shall be over six (6) feet in height nor ove:
four (4) feet in height along any front yard
(— P A GE /e"
� � � r id - a tlo
155
639.57 EXCEPTIONS TO HEIGHT REGULATIONS
The height limitations contained in the Schedule
of District Regulations do not apply to spires,
belfries, cupolas, antennas, water tanks,
ventilators, chimneys or other appurtenances
usually required to be placed above the roof
level, and not intended for human occupancy.
639.59 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 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 fifteen (15
feet to a public right-of-way or an approved
private right-of-way.
639.61 LOCATION OF RECREATIONAL AND CAMPING
EQUIPMENT FOR LIVING OR OCCUPANCY
PURPOSES
A. No person shall occupy or reside in any
travel trailer, camper trailer, camper (truck
mounted), motor travel home or tent in any
15
639.61 (Cont.) ...._ ___.._.
location within the City,other._.than.a duly
licensed and approved trailer..park, except as
hereinafter provided.
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 required to secure
written permission from the Building Official.
All such permits issued under this section
shall be temporary and shall expire at the timE
designated in the permit. However, such
location and temporary permit therefore shall
be a location (or parking) permit only.
C. Nothing contained herein shall be deemed
to prevent, or prohibit, or make unlawful the
parking of any of the aforementioned recrea-
tional 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.
157a;
639.62 LIVING ABOARD BOATS
Occupancy of any boat moored or parked within
the city limits of Cape Canaveral as a temporary
or permanent residence is not permitted, except
within the confines of a approved Marina.
639.63 PARKING AND STORAGE OF CERTAIN VEHICLES.
A. Automotive vehicles or trailers of any kind
or type without current license plates shall not
b.e parked or stored on any residentially zoned
property, other than in completely enclosed
buildings. Any automotive vehicle not in runn-
ing condition 'shall not be parked or stored on
any residentially zoned property for a period
exceeding seventy-two (72) hours, other than in
completely enclosed buildings. Automotive
vehicles or trailers of any kind shall not be
stored or parked on any vacant lot unless the
following conditions are met:
1. Consent of the lot owner.
2. Current License plates displayed on vehicle
or trailer.
639.63 (Cont.)
3. Vehicle or trailer shall be in operabl
condition.
4. Vehicle or trailer May be parked provi
the onditiiohs specified in Chapter 639.61,
are complied with.
B. Construction trailers located on a con-
struction site may be used as a temporary
office and/or a temporary residence for a w
man during the construction period. Such
location and use shall be limited to,constr
totalling 10,000 square feet or over. In e
case temporary location,
occupancy permits may be
Official. The
ed to 90 days,
subject to the
temporary
and watchman -only
issued by the Buil
permits shall be 1
with 90-day extensions permi
need thereof
Building Official.
as determined b
639.65 MINIMUM WIDTH OF COURTS
The minimum width of a court shall be 30 fe
for one-story buildings, 40 feet for two-st
buildings, 50 feet for three-story building
158
639.65 (Cont.)
and 60 feet for four-story buildings. For
every 5 feet of height over 40 feet, the width
of such a court shall be increased by 2 feet,
provided that open unenclosed porches may pro-
ject into a required court not more than twenty-
five (25) percent of the width of such court.
Nominal insets in the building facade of six (6)
feet or less shall be exempt from the minimum
width requirement.
639.67 WATER AREAS
All areas within the City which are under water
and not shown as included within any district,
shall 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 inter
sect a projected line from other district
boundaries.
639.69 LANDSCAPING AND SCREENING FOR COMMERCIAL
AND INDUSTRIAL ZONING DISTRICTS
Wherever the boundary of a commercial or in-
dustrial zoning district abuts upon a
I 159
639!69 (Cont.)
residential zoning district, a visual screen
shall be provided within the yard setbacks
of such commercial or industrial zoning district
meeting the following specifications:
A. Such visual screen shall be provided along
the entire length of the commercial or indus—
trial zoning district boundary which abuts'
upon any residential zoning district.
B. Such visual screen shall consist of
decorative or ornamental fencing and/or decor—
ative 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.
160
639.69 (Cont.)
D. All areas not paved shall be landscaped
with grass, hardy shrubs or evergreen ground
cover,
E. Location of screening and landscaping and
subsequent maintenance shall be subject to
the approval of the Building Official.
639.71 SEWAGE DISPOSAL
Regardless of other provisions of this ord-
inance, under all classifications and in all
districts, whether residential, business or
industrial, where no public sewer. system
exists, there shall always be sufficient
ground left unoccupied by a structure for a
proper system of "sewage disposal" in full
compliance with the plumbing and other ord-
inances of the City of Cape Canaveral and
requirements of the Florida State Health Depart-
ment. 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.
639.73 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 ar
not located closer than 5 feet to a rear.lo
line, or 10 feet to an interior side lot li
A walk space at least 18 inches wide shall
provided between pool walks and fences or
screen enclosure walks. Every swimming poo
shall be protected by an approved safety
barrier and comply with the Swimming Pool
Code of the Southern Building Code Congress
639.75 VEHICULAR USE AREAS
All commercial and industrial areas used fo
the display or parking of any and all types
of vehicles, boats or heavy construction
equipment, and all land upon which vehicles
traverse the property as a function of the
primary use, including but not limited to
drives, parking, service and display areas,
shall be paved,,a.r stabilized-o
162
639.77 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 recomm-
CL ��
endations from the City Engineer and the o//ard.
af.eAd-j-u`s-Cmenst .
639.79 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 build-
ing shall contain plumbing facilities adequate
to serve the needs of the customers and
employees of the commercial use.
639.81 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
163,
639.81 (Cont.)
of Occupancy, and the costs of construction
shall be borne by the property owner. Con-
struction of sidewalks shall be in accordance
with the City specifications.
639.83 (unused)
639.85 (unused)
639.87 DEDICATED PUBLIC LAND
Dedicated public streets, walkways, alleys
or accessways shall not be closed or relocated
as part of or in conjunction with any private
development scheme.
164
--(unused page)
.• .
165
641 SCHEDULE OF SPECIAL EXCEPTIONS PERMISSIBLE
BY BOARD OF ADJUSTMENT
641.01 RESIDENTIAL PLANNED UNIT DEVELOPMENT
(Except for Mobile Homes)
641.03 RPUD: INTENT
Within Districts R-2, R-3 and C-1 as set forth
' in the Schedule of District Regulations, it is
intended that the Board of Adjustment may per-
mit, upon recommendation for approval or dis-
approval by the Planning and Zoning Board, as
a special exception, planned residential
development after the application and approval
of detailed site, use, and building plans.
The suitability of such development plans shall
be determined by reference to the comprehensive
plan for the City of Cape Canaveral and the
character of the surrounding development.
The regulations for such planned residential
development are intended to accomplish the
purposes of zoning and other applicable
it regulations in the same manner in which this
Zoning Code directs the uniform treatment of
\, dwelling type, design and layout of dwellings,
1
166
641.03 (Cont.)
and to encourage more efficient use of land
and public services.
641.05 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,
641.07 RPUD: COMMON OPEN SPACE
All common open space shall be preserved for
its intended purpose 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
167
67
641..09' (Cont.)
the maintenance of all common open space.
C. Retention of ownership with the control and
maintenance of all common open space by the
developer.
_641.*YO
All privately owned common open space shall,
continue to conform to the intended use and
remain as expressed in the final development
plan through the inclusion in all deeds of
appropriate restrictions 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.
641.1e/)
All common open space as well as public and
recreational facilities, shall be specifically
included in the Development Schedule, and be
constructed and fully improved by the developer
el
641.E (Cont.)
at an equivalent or greater rate than the
construction of residential structures.
641.E f�
If the developer elects to administer common
open space through an association or non -prof
corporation, said organization shall conform
to the following requirements:
A. The developer must establish the associati
or non-profit corporation prior to the sale
of any lots.
B. Membership in the association or non -prof]
corporation shall be mandatory for all residE
tial property owners within the Planned Unit
Development, and said association or corporat
shall not discriminate in its members or shay
holders.
C. The association or non-profit corporation
shall manage all common open space and recreE
tional and cultural facilities that are not
dedicated to the public, shall provide for tt
maintenance, administration and operation of
169
641.15 (Cont.)
said land and any other land within the
Planned Unit Development not publicly 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 adminis-
tering common open space, the title to all
residential property owners shall include an
undivided fee simple estate in all common
open space.
641.17 RPUD: UTILITIES AND SERVICES
Structures within the Planned Unit Development
shall be connected to City water and sewer
lines and all utility lines shall be placed
underground. The road network of the Planned
Unit Development shall be of a suitable design
and construction, whether public or private,
to allow for adequate access of fire fighting
equipment, or access to necessary service areas
such as for garbage collection and waste disposa.
The City shall have the right to require prior
to the approval of the Final Development Plan,
170
641 . 17 (Cont.)
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 necessary police,
health, safety and fire service,
641.19 RPUD: PROCEDURE FOR SECURING APPROVAL
OF A PLANNED UNIT DEVELOPMENT
641.21 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.
641.23 PRELIMINARY APPLICATION:
A preliminary application shall be submitted
to the Planning and Zoning 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
171 •
641.23 (Cont.)
engineer who prepared the development plan
and topographic data map, and the name of the
proposed Planned Unit Development.
641.25 EXHIBITS:
The development plan (detailed site plan,
elevation drawing, etc.) shall be drawn to a
scale no smaller than 1" - 100°. The required
exhibits for the preliminary application for
a Planned Unit Development shall be those
essentially required for the preliminary plat
in the Cape Canaveral Subdivision Regulations,
and other such data that may be required by the
Planning and Zoning Board. The detailed site
plans and elevation drawings shall be completely
dimensioned.
641.27 SUBMITTAL:
A. The preliminary application shall be sub-
mitted to the City Clerk at least ten (10)
days prior to any scheduled meeting of the
Planning and Zoning Board.
641.27 (Cont.)
A copy of the detailed site plan shall be sen
to each member of the Planning and Zoning Boa
by the Building Department not less than five
(5) days before said scheduled meeting.
B. A fee per the schedule below shall accompa
the preliminary plan for the purpose of
administration:
•
4 Acres
4 to 8 Acres
8 to 12 Acres
12 to 16 Acres
16 to 20 Acres
20 to 24 Acres
24 Acres and Over
$200.00'
$250.00
$300.00
$350.00
$400.00
$450.00
$500.00
C. The preliminary application shall be revie
ed at the first regularly scheduled meeting
of the Planning and Zoning Board following
submission of said application.
D. The preliminary application shall include
twenty (20) black or blueline prints of the
Development Site Plan of the proposed Planned
641.27 (Cont.)
Unit Development and a minimum of five
(5)
173
copies of the required exhibits. The black
or blueline prints shall contain the following
certification to be signed by a Florida regis-
tered professional engineer: "I hereby certify
that the drawings and the supporting data as
part of this RPUD application have been pre-
pared in conformity with all applicable City,
County and State regulations".
E. In addition to the fee requirement in
paragraph B above, the applicant shall pay to
the City all expenses incurred by the City as
may be required to review and approve the
preliminary application. Said cost shall be
paid by the applicant prior to review of the
preliminary application by the Board of
Adjustment as provided hereinafter. The
Building Official may require a deposit of
estimated cost upon receipt of a preliminary
application.
174
641.29 APPLICATION REVIEW:
Written comments from the Planning, Engineering
and Building Departments regarding the
application shall be forwarded to the Planning
and Zoning Board. Upon completion of its
review, the Planning and Zoning Board shall
recommend to the.Board of Adjustment, the
approval, approval subjectto conditions, or
disapproval of the preliminary application.
This action of the Planning and Zoning Board
shall be reflected on two (2) copies of the
application with appropriate references and
attachments, and one (1).of said copies shall
be returned to the developer.
641.31 REQUIRED FINDINGS:
The decision of the Planning and Zoning Board
on the preliminary application shall include
the findings of fact that serve as a basis
for its recommendation. In making its
recommendation, the Planning and Zoning Board
shall consider, in addition to the standards
specified in Chapter 639 of this Ordinance,
the following facts:
175
641.31 (Cont.)
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 facilities, transportation, water
supply, sewage disposal, surface drainage,
flood control and soil conservation as shown
in the Preliminary Development Plan.
E. The nature, intent and compatibility of
common open space, including provisions in the
Preliminary Development Plan for the mainten—
ance and conservation of said common open
space.
F. The feasibility and compatibility of the
specified stages contained in the Preliminary
Development Plan.
641.33 REVIEW BY BOARD OF ADJUSTMENT:
Upon receiving the recommendations of the
Planning and Zoning Board, the Board of Adjus
ment shall review with due public notice, sai
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 provisions of this zoning co
641.35 RECORDATION OF PRELIMINARY APPLICATIO
After formal action by the Board of Adjustmen
a copy of the preliminary application and the
required exhibits shall be certified by the
City Clerk and retained as a permanent record
641.37 RPUD: FINAL APPLICATION:
The developer shall have one (1) year from th
.approval of the preliminary application for a
Residential Planned Unit Development special
exception in which to file a final applicatio
At the request of the developer, and for good
cause shown, the Planning and Zoning Board ma
extend for six (6) months the period required
177
641.37 (Cont.)
' 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 Development Plan. If appro-
val is not requested for the entire Planned
Unit Development, the developer shall have one
(1) 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 Development Plan. At the
request of the developer, and for good cause
shown, the Planning and Zoning Board may extend
for six (6) months the period for the filing
of said application.
641.39 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 Subdivision
Regulations, in addition to any other supple-
mentary data needed by the Planning and Zoning
Board in order to evaluate the proposed develop-
ment.
178
641.39 (Cont.)_
A. The Development Schedule. shall contain the
following information:
1. The order of construction of the proposed
stages delineated 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.
4. The proposed schedule for the construction
and improvement of common open space within
said stages, including any complimentary
buildings.
B. Deed restriction proposals to preserve the
character of the common open space as set
forth in Section 641.11 (Common Open Space).
Said deed restrictions shall include a pro-
hibition against partition -by any residential
property owner.
C. If the developer elects the association or
non-profit corporation method of administering
common open space, the proposed bylaws of the
179
641.39 (Cont.)
association or the certificate of incorporation
and the corporate bylaws of the non-profit
corporation shall be submitted for approval by
the City.
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.
E. A Bill of Sale, conveying to the appropriate
City, water and sewer utility lines, mains, lift
stations and other personal property required
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, Florida is included thereon.,
G. A bond from the developer shall guarantee
the installation of the public improvements
specified in the Final Development Plan through
641.39 (Cont.)
one of the following methods:
1. Filing a performance and labor and mate
payment bond by the developer, 110% of the
estimated construction cost as determined by
the City.
2. Depositing or placing in escrow a certi:
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
n
two (2) percent of the c`ontr-ac-t-or costs.
Such performance and payment bond shall be f:
a company licensed as a surety in the State 1
Florida, listed by the U. S. Treasury Depart•
ment and rated A:AAAA in Best's Insurance Gu:
Upon acceptance of all improvements by the C:
the performance and payment bond shall be
released.
181
641.39 (Cont.)
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.
J. Ten (10) copies of final detailed site plans
and ten (10) copies of final elevation plans.
641.41 PROCEDURE:
A. A 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 Planning and Zoning
Board. A copy of the Final Development Plan
shall be sent to each member of the Planning
and Zoning Board by the Building Department not
less than five (5) days before said scheduled
meeting.
182
641.41 (Cont.)
B. A fee of $100.00 shall accompany the final
application for the purpose of administration.
C. The Planning and. Zoning Board shall recommend
the approval, approval subject to conditions,
or disapproval of the final application based
upon the conformity of the Final Development
Plan with the Preliminary Development Plan, the
sufficiency and accuracy of the required
exhibits, and the requirements and purposes
of this Ordinance and the Code of Ordinances
of the City of Cape Canaveral.
D. Prior to final review by the Board of Adjust—
ment, the applicant shall pay to the City all
expenses incurred by the City as may be required
to review and approve the final application.
E. The Board of Adjustment shall review the
recommendations of the Planning and Zoning
Board and either grant, grant subject to
conditions, or deny the final application.
183
641.43 RECORDING OF FINAL DEVELOPMENT PLAN:
A. After approval by the Board of Adjustment,
the City Clerk shall 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 Brevard 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 the 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 developer.
B. The transfer of,sale of, agreement to sell,
or negotiation 10 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.
641.43 (Cont.)
The description by metes and bounds in the
instrument of transfer or other documents st;
not exempt the transaction from such
prohibition.
C. The Development Schedule contained in the
approved final application shall be certifie
by.the City Clerk and retained as a public
record by the City of Cape Canaveral.
641.45 RPUD: BUILDING PERMIT AND CERTIFICAZ
OF OCCUPANCY
No building permit shall be issued by the'
Building Official until the Final Developmen
Plan.has been approved and duly recorded.
The Building Official shall issue no Certifi
of Occupancy until all utilities have been
accepted for any or all portions of the proj
by its applicable authority in accordance wi
the Final Development Plan.
641.47 RPUD: PHYSICAL REVIEW
The City shall have the right to evaluate t1
physical layout, architectural characteristi
and amenities of the Planned Unit Developmer,
185
641.47 (Cont.)
and to require changes or modifications
designed to create compatibility and conformity
in the variety of uses within the development,
to insure, protect and promote the health,
safety and general welfare of the property
owners of the Planned Unit Development and the
residents of the City of Cape Canaveral.
641.49 RPUD: MAINTENANCE WARRANTY BOND
A maintenance warranty bond approved by the
City in the amount of 10% of the estimated
construction cost, shall be posted by the
developer prior to acceptance of public
improvements. Such bond shall be for a period
of two c) 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, listed by U. S.
Treasury Department and rated A.AAAA in Best's
Insurance Guide.
641.51 RPUD: STANDARDS
All lots within the Planned Unit Development
shall meet at least thefollowing minimum
requirements:
186
641.51 (Cont.)
A. Minimum 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,
B. Maximum Lot Coverage:
Maximum lot coverage shall be forty (40)
percent for all lots within the Planned Unit
Development.
C. Minimum Living Area:
A minimum living area of one thousand (1,000)
square feet shall be provided for each single
family dwelling unit.
D. Setback Requirements:
There shall be a minimum setback of twenty-five
(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.
187
641.51 (Cont.)
A minimum setback of thirty (30) feet shall
apply to dwelling units located on collectors
or through streets. The setback shall be
increased two (2) feet for each additional
story.
E. Distance Between Buildings:
There shall be a minimum distance between
detached buildings as follows:
20 Feet for one or two stories
25 Feet for three stories
30 Feet for four stories
2 Additional Feet for each story above fours-CEicks
Building setbacks from the exterior boundaries
of the RPUD shall not be less than thirty—five
(35) feet.
In no instance shall any one building extend
more than one —hundred fifty (150) feet in
length without being separated by a break of
open space of at least twenty (20) feet.
F. Access:
All lots shall have access to either private
641.51 (Cont.)
or public roads within the Planned Unit
Development. Private roads are to be allo
within the Planned Unit Development if the
meet the minimum City construction standar
and are of a design which meets the approv,
of the P•_ubl.ic Wo--r-ks-O=ff-ici-al. Private roa'
shall not be permitted along the perimeter
the Planned Unit Development unless approv
by the Board of Adjustment. All roads mus
be designed to tie in effectively with the
City's Thoroughfare Plan. The City shall 1
allowed access on private roads and privat(
owned common open space to insure the polio
and fire protection of the area to meet
emergency needs, and to conduct City servic
G. Off -Street Parking:
Parking standards of this code shall be adt
to by the developer.
H. Buffer Zones:
Compatible and complimentary buffer areas
and/or screening shall be provided between
18S
641.51 (Cont.)
primary residential uses and secondary non-
residential uses within the Planned Unit Devel-
opment and between conflicting uses located on
the periphery of the development and surround-
ing developments or zoning district.
I. Minimum Usable Open Space:
In no instance shall the total amount of
usuable open space within the Planned Unit Dev-
elopment be less than twenty-five (25) percent
of the gross acreage of the Planned Unit
Development.
641.53 RPUD: DENSITY
Density of the RPUD shall be the same as the
zoned district in which it is located. Pre-
mitted density in RPUD is as set forth in the
schedule below:
R-2: 15 dwelling units per net residential
acre
R-3: 15 dwelling units per net residential
acre
C-1: 15 dwelling units per net residential
acre
19C
641.55 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
special exception use of that portion of his
land in which construction has not been
commenced pursuant to a Final Development Plan.
However, that portion of the land upon which
construction has been or will be completed shall
comply with the density requirements specified
in Chapter 641.53.
If approval is not requested for the entire
planned unit development, each stage specified
in the Preliminary Development Planshall
comply with the density requirements specified
in Chapter 641.53.
1.9 L
641.61 PLANNED. RESIDENTIAL DEVELOPMENT FOR
MOBILE HOME PARKS
' Mobile Home Parks developed in such a manner
as to make efficient, economical and estheti-
cally 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.
B. Site and building regulations:
1• Minimum mobile home standards:
Each mobile home used for habitation shall
have the minimum facilities consisting of:
a. Inside running water and an installed
kitchen sink.
b. Inside bathing facilities which shall
consist of an installed tub or shower.
641.61 (Cont.)
c. An installed flush toilet.
d. Installed electric lighting facilitie
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 preven
the entrance of flies, mosquitoes and simila
pests.
f. An enclosed body or shell, which shal,
be in good repair, to effectively protect thi
occupants from the elements.
A minimum of floor area, as determine(
by outside dimensions, of five hundred (500)
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) acre
3. Required recreation area:.
A minimum of 15% of gross land area, exclusi'
of required buffer space and street right-of-
way shall be set aside and developed for recx
tional purposes for residents of the Mobile F
Park.
193
641.61 (Cont.)
4. Minimum size of individual mobile home
space:
a. Mobile Home Parks shall provide a min-
imum of four thousand (4,000) square feet per
space, except that twenty-five (25) percent of
the spaces to be provided in such park may pro-
vide 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 or depth shall be
forty (40) feet.
5. Minimum yard requirements of individual
mobile home space:
Front Yard: 10 Feet
Side Yard: 8 Feet
Rear Yard: 8 Feet
6. Site perimeter yard requirements:
The following perimeter yard setbacks are
required except where such perimeter yard abuts
an adjacent Mobile Home Development:
:194
641.61 (Cont.)
a. An additional yard setback of ten (10)
feet, exclusive of the individual site require-
ment, 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 street except where a
perimeter roadway exists. Such yard setbacks
shall be maintained 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 ornamen-
tation and/or landscaping devices. Landscaping
shall constitute an effective visual and/or
aural screen for the protection of the inhabi-
tants of the Mobile Home Park, and may include
but shall not be limited to, decorative fencing
and/or decorative trees and shrubs.
195
641.61 (Cont.)
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 ser-
vice areas to provide garbage and waste collec-
tion, 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 standards of the City of
Cape Canaveral and requirements for such streets.
641.61 (Cont.)
b. Improvement of streets inside Mobile E
Parks is required, subject to the following
conditions:
(1) Center street drainage may be made
provided only when provision has been made
for adequate reinforced pavement edges to
prevent pavement breaking due to absence of
standard curb and gutter.
(2) Streets in Mobile Home Parks shall
be constructed to meet the following standard
Minimum right-of-way width: 32 Feet
Minimum paving width:
22 Feet
constructe
conform wi
adequate c
struction
dards appr
by the Bui
ing Offici
641.63 EXPANSION OF EXISTING MOBILE HOME PAR
Whenever the owner of a Mobile Home Park pro-
poses expansion, plans for such expansion sha
be submitted and approved in the same manner
as plans for the new Mobile Home Parks.
197
641.63 (Cont.)
Mobile Home Parks expansion plans shall comply
with new park requirements unless such com—
pliance 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
s1,1�11
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.
B. 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:
198
641.63 (Cont.)
1. Proposed standard for development, including
restrictions of the use of the property, density
standards and yard and restrictive covenants;
2. Location of buildings in relation to proper-
ty 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, com-
munity 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 require-
ments of the Zoning Ordinance requested, if any;
6. Plans for the provision of utilities,
including but not limited to water, sewer and
drainage facilities, and fire protection facil-
ities;
7. Plans for protection of abutting properties;
199
641.63 (Cont.)
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 respective
needs for storm, water and sanitary sewage
disposal, water supply and so forth;
641.63 (Cont.)
2. The public improvements necessary to
insure proper ingress and egress for the
site.
201
641.65 PLANNED COMMERCIAL DEVELOPMENT
(C-1 AND C-2 ZONING DISTRICTS)
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 propertie
Variances to lot and building regulations to
permit more flexible design and utilization of
space may be permitted.
202
641.65 (Cont.)
In order to qualify for such Special Exceptions,
the following conditions must be met:
A. The procedures for review and approval
shall be the same as for the Residential
. Planned Unit Development.
B. 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.
C. Utilities and Services:
Structures within the Planned Commercial
Development must be connected to City water and
sewer lines and all utility lines shall be
placed underground. Proper and adequate access
for fire fighting purposes and access to
service areas to provide garbage and waste
collection, and for other necessary services
to be provided.
203
641.65 (Cont.)
D. Zoning Provisions:
All other portions of the respective zoning
district regulations and all other applicable
portions of this ordinance except those portions
specifically permitted above for variance shall
be adhered to.
E. Street Frontage:
The site proposed shall have a minimum width
of two hundred (200) feet along a major street
frontage.
F. 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 four
hundred (400) feet. The minimum distance
between ingress and egress locations shall be
at least one hundred fifty -(150) feet, and the
minimum distance between any one location and an
intersection of two or more street rights -of -way
shall be one hundred (100) feet.
641.65 (Cont.)
G. Site Plan:
Concurrent with the request, a site plan sha
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;
4. Landscaped areas.
The site plan and supporting data shall also
show proposed standards for development,
including restrictions of the use of propert;
exceptions or variations to the requirements
of the Zoning Ordinance requested, if any;
plans for the provision of utilities, includ:
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.
205
641.65 (Cont.)
H. 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 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
disposal, water supply and so forth.
Subsequent to the compliance of the afore—
mentioned conditions, the customary procedure
for granting of a Special Exception by the
Board of Adjustment and for obtaining a building
permit shall take effect.
206
641.67 PLANNED INDUSTRIAL DEVELOPMENT
(M-1, M-2 AND M-3 ZONING DISTRICTS)
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 environment 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 encroachment upon areas which
should be reserved for industrial activities.
Variances to lot and building regulations to
permit more flexiable design and utilization
207
641.67 (Cont.)
of space may be permitted, 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. The procedures for review and approval shall
be the same as for the Residential Planned
Unit Development.
B. 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.
C. Zoning Provisions:
A11 other portions of the respective zoning
district regulations and all other applicable
portions of this ordinance except those por—
tions specifically permitted above for variance
shall be adhered to.
D. Street Frontage:
The site proposed shall have a minimum width
641.67 (Cont.)
of three hundred (300) feet along a major
street frontage.
E. Access Limitations:
Locations for access onto and off the site
shall be confined to rights -of -way which no
residentially zoned property abuts within
four hundred (400) feet. The minimum distan»
between such ingress and egress shall be
at least two hundred (200) feet and the
minimum distance between any one location an(
an intersection of two or more streets
rights -of -way shall be one hundred (100) feel
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 services areas;
4. Landscaped areas.
205,
641.67 (Cont.)
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, including
water, 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.
G. 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 improvements necessary to
insure properingress and egress for the site;
210a
641 . 67 (Cont.)
2. The public services customarily supplied
by the City of Cape Canaveral to fill respective
needs for storm, water and sanitary sewer
disposal, water supply and so forth.
H. Utilities and Services:
Structures within the Planned Industrial Dev—
elopment 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 provide garbage and waste collection,
and for other necessary services to be provided.
Subsequent to the compliance of the aforemention•
ed conditions, the customary procedure for
granting of a Special Exception by the Board of
Adjustment and for obtaining a building permit
shall take effect.
210b:
641.69 ESTABLISHMENTS SERVING ALCOHOLIC
BEVERAGES
A. Establishments which shall require a Special'
Exception by the Board of Adjustment are those
licensed by the Florida Beverage Department for
the purpose of permitting the dispensing of
alcoholic beverages, whether for on -premises
consumption or for package retail sales. In
consideration of a Special Exception
application, the Board of Adjustment shall
not approve the application unless it is totally
consistent with all of the conditions as set
forth above, and also the following conditions:
1. The establishment shall not be within
three hundred (300) feet of any existing church,
school grounds or playgrounds; measurement
shall be made from the main entrance of the
establishment to the closest lot line of the
church, school grounds or playgrounds by
following the shortest route to ordinary
pedestrian travel along the public thorough-
fare, street or road.
641.69 (Cont.)
2. The establishment of a vendor licen
by the Florida Beverage Department permitt
on -premise consumption of beverages shall
not be located within two thousand (2,000)
feet of another establishment so licensed:
The specific distance shall be measured
following the shortest route to ordinary
pedestrian travel along the public thoroug
fare, street or road from the main entrance
of the establishment to the main entrance
of another establishment(s) similarly lice]
by the Florida Beverage Department.
3. Package retail sales of alcoholic
beverages for carryout shall comply with
A 1, A 4 and A 5; C and E, and B, 3, e
hereof only.
4. Parking: One (1) parking space sha]
be provided for each three (3) seats or
seating places; all seats or seating places
whether located within a restaurant area or
a bar/lounge area, will be included in the
210N
641.69 (Cont.)
4. (Continued)
calculation of the required number of parking
spaces.
Package retail sales establishments shall
provide parking as determined by the Building
Official of the City of Cape Canaveral, who
shall use the ratios established in Chapter 639.
5. Each application for a Special Exception
shall be accompanied by a vicinity map, a site
plan map and a building floor plan. The
Vicinity map shall be drawn at a scale of
1" = 400' and shall indicate the following
information:
a. The outer boundary of the vicinity
map shall be at least 2,500 feet from the
centroid of the proposed establishment's
property.
b. Location of all existing public streets
between the proposed establishment and other
establishments and land uses as described in
sub -paragraphs 1 and 2 .
'210e
641.69 (Cont.)
5. (Continued)
c. Location of all existing churches,
school grounds, or playgrounds which are
within the vicinity map area with specific
distance(s) to the proposed establishment
affixed per sub -paragraph 1 ,
d. Location of all establishments
licensed by the Florida Beverage Department
(including package retail sales), which are
within the required vicinity map area with
specific distance(s) to the proposed
establishment affixed per sub -paragraph 2 .
e. Existing zoning for all properties
within 300 feet to the property of the
proposed establishment shall be indicated.
The site plan map shall be drawn at a scale
not less than 1" = 100° and shall indicate
the following information:
a. Location and dimension of the proposed
establishment's property lines, all existing
210f
641.69 (Cont.)
5. (Continued)
a. (Continued)
and proposed structures, driveways, parking
spaces and ingress/egress points.
b. The following information shall be
presented in tabulated form:
- number of parking spaces
number of restaurant seats
- number of bar/lounge seats
building area
- lot area
The building floor plan shall be of a scale of
not less than 1/8" = 1' and shall detail room
layouts and exits.
B. Exceptions to the requirement of paragraph
A 2 are:
1. Restaurants seating 200 or more;
2. Hotels and motels with 50 or more guest
rooms' exrd
641.69 (Cont.)
B. (Continued)
3. Restaurants licensed by the Florida
Beverage Department for malt beverages only
or malt beverages and/or wine only, provided
the following conditions are complied with:
a. Seating capacity of the establishme
shall be at least fifty (50) or more for
restaurant purposes only; no area within the
establishment may be specifically designed
for a bar/lounge operation;
b. Wine or malt beverages shall be
served with meals only;
c. Consumption of food and malt bevera
or wine shall be on -premise only; however,
food carryout without said alcoholic beverag
may be permitted;
d. Fifty percent (50%) or more of in-
come shall be from the on -premise consumptio
of food; periodic sworn statements accompani
by appropriate sales records shall be submit
11
210h
641.69 (Cont.)
B. 3. (Continued)
d. (Continued)
to the City Clerk, at time periods and in a
form set by the Board of Adjustment, verifying
the major source of income is consistent with
the requirements of this paragraph;
e. Sale or consumption of malt beverages
and/or wine shall be limited to the time period
between 7:00 A.M. and 12:00 midnight, con-
secutively.
C. The Special Exception may be subject to
cancellation by the Board of Adjustment if the
Board finds that the establishment has been
deleterious to the health, safety, welfare
and morals of the public and that all laws
pertaining to the establishment's operation
have not been complied with.
D. The Special Exception shall be limited to
apply to the licensee listed by the Florida
Beverage Department only.
210.
641.69... (Cont.)
E. For on -premise consumption of liquors,
restaurants or cocktail lounges shall have
a minimum building.area of two thousand
(2,000) square feet and a seating capacity
of one hundred (100) patrons.
211
643 LEGALLY ESTABLISHED NON -CONFORMING LOTS,
NON -CONFORMING STRUCTURES AND NON-
CONFORMING USES
643.01 INTENT
Within the districts established by this
ordinance (or amendments which may later be
adopted), •there exist lots, structures,
placement of structures, uses of land and/Or
structures, and characteristics of use which
were lawful prior to enactment of this ordinance
(or amendment hereof), but which would be
prohibited, regulated, or restricted under the
terms of this ordinance (or amendment hereof).
It is the intent of this ordinance to permit
these non -conformities to continde, but not
to encourage their continuance. Such non -
conformities are hereby declared incompatible
with permitted lots, structures, placement
of structures, uses and characteristics o.f use
in the applicable districts. It is further the
intent of this ordinance that non -conformities
shall not be used as grounds for adding other
structures or uses prohibited elsewhere in the
same district.
643.03 NON -CONFORMING LOTS OF RECORD
A. In any district in which single family
dwellings are permitted, notwithstanding
limitations imposed by other provisions of
ordinance, a single family dwelling and cus
mary accessory buildings may be erected,
constructed, repaired, enlarged, extended,
rebuilt, reconstructed or structurally altE
on any single lot of record at the effectiv
date of adoption or amendment of this ordin
Such lot must be in separate ownership and
of continuous frontage with other lots in t
same ownership in the same zoning district.
This provision shall apply even though such
lot fails to meet the requirements for area
or width, or both, that are generally appli
cable in the district, provided that yard
dimensions, maximum lot coverage requiremen
building setback lines and other requiremen
not involving area or width, or both, of th,
lot shall conform to the regulations for till
district in which such lot is located.
21:
643.03 (Cont.)
B. If two or more lots or combinations of lots
and portions of lots with continuous frontage
in single ownership in the same zoning district
are of record at the time of passage or
amendment of this ordinance, and if all or
part of the lots do not meet the 'requirements
for lot width and area as established by this
ordinance, the lands involved shall be con-
sidered to be an undivided parcel for the pur-
poses 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 parcel be made which leaves remaining any
lot with width or area below the requirements
in this ordinance.
643.05 NON -CONFORMING STRUCTURES
Where a lawful structure exists at the effec-
tive date of adoption or amendment of this
ordinance that could not be built under the
terms of this ordinance by reason of restriction,
214
643.05 (Cont.)
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
lawfully subject to the following provisions:
A. Such structure may not be enlarged or
altered in a way which increases its non-
conformity, but any structure or portion
thereof may be altered to decrease its non-
conformity.
B. Should such structure be destroyed by any
means to an extent of more than 50%'of its
replacement cost at time of destruction, it
shall not be. reconstructed 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.
215
643.05 (Cont.)
D. Where a lawful dwelling structure, located
on a single lot of record,.exists at the effec—
tive date of adoption or amendment of this
ordinance that could not be built under the
terms of this ordinance, such structure may be
repaired, enlarged, extended, rebuilt, re—
constructed, or structurally altered, provided
that yard dimensions, maximum lot coverage
requirement, building setback lines, and other
requirements of the additional structure con—
form to the regulations for the district in
which such lot is located. Any additional
construction (to an existing structure that
encroaches on yard requirements) must conform
to the yard requirements of the zoning district.
Any legally established encroachment on yard
requirements may be repaired, rebuilt, recon—
structed, or structurally altered, (but not
enlarged or extended) provided the encroaching
portion of the structure is an integral part
of the structure.
643.07 NON —CONFORMING USES
A. Non —Conforming Uses of Land:
In any zoning district, at the effective dat:
of adoption or amendment of this ordinance,
where 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 involves no individual structure wit
a replacement cost exceeding $1,000.00, such
use may be continued, so long as it remains
otherwise lawful, subject to the following
provisions:
1. No such non —conforming use shall be
enlarged, increased, or extended to occupy
greater area of land than was occupied at the
effective date of adoption or amendment of th'
ordinance; unless such use is changed to a
use permitted in the district in which such 1
use is located.
2. No such non —conforming use shall be move'
in whole or in part to any other portion of
the lot or parcel occupied by such use at the
i
217
643.07 (Cont.)
effective date of adoption or amendment of
this ordinance.
3. If any such non -conforming use of land
ceases for any reason for a period of more than
ninety (90) consecutive days, any subsequent
use of such land shall conform to the regula-
tions specified by this ordinance for the
district in which such land is located.
4. 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.
B. Non -Conforming Uses of Structures or of
Structures and Premises in Combination:
If a lawful use involving individual structures
or of structures and premises in combination
(with a replacement cost of $1,000.00 or more
per individual structure), exists at the
effective date of adoption or amendment of this
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 following pro-
viainnc�
218
643.07 (Cont.)
1. 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.
2. 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.
3. 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 non -conforming use may not thereafter be
resumed.
219
643.07 (Cont.)
4. When a non -conforming use of a structure,
or structure and premises in combination, is
discontinued or abandoned for six (6) con-
secutive months or for eighteen (18) months
during any three (3) year period (except when
government action impedes access to the
premises), the structure, or structures and
premises in combination, shall not thereafter
be used except in conformance with the reg-
ulations of the district in which it is located.
5. 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
subsection is defined as damage to an extent
of more than 50% of the replacement cost at
time of destruction.
6. The following schedule shall be followed
in terminating non -conforming use of structures
or of structures and premises, except for
residential uses.
643.07 (Cont.)
Such termination period shall commence
August 4, 1971.
Assessed Valuation of Time Allowance Be
Improvements Termination
$1,000.00 - $2,499.00
2,500.00 - 4,999.00
5,000.00 - 9,999.00
10,000.00 - 24,999.00
25,000.00 - 49,999.00
50,000.00 - Over
5 Years
10 Years
20 Years
30 Years
40 Years
50 Years
Non -conformities not involving the use of a
principal structure or accessory buildings,
e.g. open storage, building supplies, implemi
and machinery storage, junk yards, commercia:
animal yards and the like, sha l be discontii
36-.1-0-.0 'tl
'within .t-w-o—(-2-)—ye-a-r-s—o —Au g t-4 ,-1-9-71-1,
7. Any new or additional use which is non-
conforming, shall not be permitted.
22:
643.09 REPAIRS AND MAINTENANCE
On any building devoted in whole or in part to
any non -conforming use, work may be done in any
period of twelve (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% 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 amend-
ment of this ordinance shall not be increased;
and provided, further, that such repair or
replacement shall not affect the "assessed
valuation -time allowance before termination"
setting the time limit for conformity, set
forth in Section 643.07, B, 6.
Nothing in this ordinance shall be deemed to
prevent the strengthening or restoring to a
safe condition of any building or part thereof
declared to be unsafe by any official charged
with protecting the public safety, upon order
of such official.
222
643.11 STRUCTURES AND USES APPROVED BY
SPECIAL EXCEPTION
A Special Exception is not deemed non -conforming.
Any structure or 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, restricted, however, by the terms of
that specific Special Exception as granted.
643.13 VARIANCE
A variance is a relaxation of the terms of
the zoning ordinance where such variance
is not contrary to the public interest and
where conditions peculiar to a specific
property indicate a hardship under the ordinance.
Each variance is authorized only for height,
area, structure size, yards, setbacks and open
spaces. Establishment or uses 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 in an adjoining zoning district.
223
643.13 (Cont.)
Variance shall be obtained only through action
of the Board of Adjustment.. The specific
terms of each varianceare binding and may not
be changed except by a new variance or by
reversion to conformity with this ordinance.
643.15 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.
645 ADMINISTRATION AND ENFORCEMENT - BUILDII
PERMITS AND CERTIFICATES OF OCCUPANCY
645.01 ADMINISTRATION AND ENFORCEMENT
The Building Official, under the supervision
of the City Manager or department head duly
delegated and appointed by the City Manager,
shalladminister and enforce this ordinance.
He may be provided with assistance of such
other officers and employees of the City as
may benecessary to enforce the provisions of
this ordinance. If the Building Official fdr
that any of the provisions of this ordinance
are being violated, he shall notify in writir
the person responsible 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 compli
ante with or to prevent violation of its
provisions.
22
645.03 BUILDING PERMITS REQUIRED
A. No building or other structure shall be
erected, moved, added to, or structurally alter
ed without a permit issued by the Building
Official. No building permit shall be issued
except in conformity with the provisions of
this ordinance and Section 106 of the Southern
Standard Building Code, 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 ofa permit upon plans and
specifications shall not prevent the Building
Official from thereafter requiring the correc-
tion of errors in said plans and specification:
and requiring the correction of building oper-
ations being carried on thereunder to conform
'to corrected plans and specifications, when in
violation of any City ordinance.
645.05 APPLICATION FOR BUILDING PERMIT
A. All applications for building permits for
any structure and its accessory buildings shal
be accompanied by five (5) copies of a struc-
tural drawing at a scale acceptable to the
226
645.05 (Cont.)
Building Official, showing_the following:_
1. 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;
2. The exact dimensions and locations on the
lot of proposed and existing buildings;
3. The dimensions of the proposed buildings
or alterations;
4. The location and layout of the proposed
sewerage system;
5. The required parking spaces, loading and
unloading spaces; maneuvering space and open-
ings for ingress and egress;
6. 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.
227
645.05 (Cont.)
7. Such other information as lawfully may
be required by the Building.Official, including
existing or proposed building 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 matters as may be necessary to
determine conformance with and provide for the
enforcement of this ordinance.
B. All plans, other than single and two—family
residences, shall be reviewed and approved
or disapproved. by the following departments,
based on conformity with requirements:
1. City Engineer
2. Building Department
3. Planning. and Zoning Board Chairman
4. Chief, Fire Department
5. Florida Department of Natural Resources.
(All phases calling for buildings located
on the Atlantic Ocean and Banana River
are to be reviewed by this Department).
645.05 (Cont.)
C. The Building Official shall transmit the
copies to the various City department heads
or the chairman of various boards involved,
for their review and comment, within twenty-
four (24) hours of filing. The review by th
Building Department shall include,
limited to the following areas:
To insure that the size and spacing of water
mains and fire hydrants are adequate; to
insure that an orderly and safe traffic flow
is permitted within the site; and that no
traffic
ingress
provide
but
not bi
problems are created by the proposed
and egress routes; that the plans
adequate parking; to insure that the
plans comply with the Southern Standard
Building Code and all other applicable codes
and standards which the City has enacted by
ordinance or resolution.
D. The City Engineer shall review the plan tc
insure that sanitary, drainage, paving, and
grading facilities are adequate, and other
229
645.05 (Cont.)
review as may be requested by the Building
Official.
E. The Planning and Zoning Board Chairman shall
review the plan to see that it is in conformance
with the zoning ordinance.
F. The Fire Department Chief shall review the
plan to assure that adequate fire protection
is provided.
G. Within two (2) 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 of approval or disapproval,
commenting on the factors relating to the plan
which bear upon the public interest.
H. Based upon these reports, the Building
Official shall approve, approve subject to
conditions, or disapprove the plans. Upon
approval, or approval subject to conditions,
anappropriate building permit shall be
issued.
230
645.05 (Cont.)._
If one or more of the five_.. departments listed
in B above should disapprove a plan, the
Building Official shall not issue a building
permit therefore.,.
I. Three (3) 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.
J. In the event any of the above department
heads or board chairmen are not available to
review said plans, the acting department head
or vice-chairman shall have the authority to
review plans in their behalf and submit the
required report, or otherwise delegate said
authority to review, as he may deem adequate.
231
645.07 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 noti—
fication 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 (6) months during alterations
645.07 (Cont.)
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.
645.09 TIMES AND CONDITIONS OF BUILDING PER]
The expiration date of the building permit
shall be in accordance with Section 106.3 of
the Southern Standard Building Code, as amen(
645.11 CONSTRUCTION AND USE TO BE AS PROVID]
IN APPLICATIONS, PLANS, PERMITS AND
CERTIFICATES OF OCCUPANCY
Building permits or Certificates of Occupanc;
issued on the basis of plans and application(
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 violat
of this ordinance. See also Chapter 645.03,
233
645.13 BOARD OF ADJUSTMENT: ESTABLISHMENT
AND PROCEDURE
A Board of Adjustment is hereby established,
which shall consist of five (5) members appoint—
ed 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.
645.15 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 chair—
man 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 which fact, and
234
645.15 (Cont.) _ -- ---
shall keep records of its examinations and
other official actions, all. of which shall be
a public record andbe immediately filed in
the office of the City Clerk for the Board of
Adjustment.
645.17 BOARD OF. ADJUSTMENT: POWERS AND DUTIES
The Board of Adjustment shall have the following
powers and duties:
645.19 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 4•
the governing body of the City,
affected by any decision of the Building
Official in the interpretation of any portion
of these regulations.
235
645.19 (Cont.)
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 Adjust—
ment, by filing with the Building Official and
with the Board
specifying the
Official shall
of Adjustment a notice of appeal
grounds therefore. The Building
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
timefor hearing of the appeal, give public
notice thereof at least fifteen (15) days in
advance of public hearing, as well as due
notice to the parties in interest, and decide
the same within a reasonable time. At the
hearing, any party may appear in person or by
agent or attorney.
B. Stay of Proceeding
An appeal stays all proceedings in furtherance
of the action appealed from, unless the
645.19 (Cont.)
Building Official from whom the appeal is tb
certifies to the Board of Adjustment after 1
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 1
a restraining order, which may be granted b3
the Board of Adjustment or by a Court of Rec
on application. The restraining order shal]
take effect on notice to the administrative
official charged with the enforcement of thi
act and from whom the appeal is taken and or
due cause shown.
645.21 SPECIAL EXCEPTIONS: CONDITIONS GOVEF
APPLICATIONS; PROCEDURES
To hear and decide only such Special Excepti
as the Board of Adjustment is specifically
authorized to pass on by the terms of this
ordinance; to decide such questions as are
involved in determining whether Special
Exceptions should be granted; and to grant
23'
645.21 (Cont.)
Special Exceptions with such conditions and
safeguards as are appropriateunder this ord—
inance or other applicable ordinances; or to
deny Special Exceptions when not in harmony
with 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 Exceptio:
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 Planning and Zoning Board for
study and written recommendation. The Board
of Adjustment shall consider the recommendation
of the Planning and Zoning Board as part of the
official record when hearing an application for
a Special Exception.
238
645.21 (Cont.)
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
Exception is sought, at the City Hall, and shall
be published in a newspaper of regular circu-
lation within the City of Cape Canaveral.
D. A courtesy notice may be mailed to the
property owners of. record within a radius of
five hundred (500) feet, provided however, that
failure to mail or receive such courtesy
notice shall not affect any action or proceed-
ings taken hereunder.
E. Any party 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.
239
645.22 WRITTEN FINDINGS; VIOLATION OF
SAFEGUARDS
Before any Special Exception 'shall be issued,
the Board of Adjustment shall make written
findings certifying compliance with the
specific rules governing individual Special
Exceptions, and that satisfactory provision and'
arrangement has been made concerning the
following, where applicable:
A. Ingress and egress to property and proposed
structures thereon with particular reference
to automotive and pedestrian safety and con-
venience, 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.
645.22 (Cont.)
D. Utilities, with reference to locations,
availability and compatibility.
'E. Screening and buffering with reference to
type, dimensions and character.
F. Signs, if any, and proposed exterior light
with reference to glare, traffic safety,
economic effect and compatibility and harmon3
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 he
of operation, the type and amount of traffic
to be generated, the building size and setbac
its relationship to land values and other fac
that may be used to measure compatibility.
In granting any Special Exception, the Board
Adjustment may prescribe appropriate conditio
and safeguards in conformity with this ordina
241
645.22 (Cont.)
Violation of such conditions and safeguards,
when made a part of the terms under which the
Special Exception is granted, shall be deemed
to be a violation of this ordinance and
punishable as provided by this ordinance.
645.23 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 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 appli—
cable to other lands, buildings or structures
in the same district.
242
645.23 (Cont.)
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
not confer on the applicant any special privil-
ege 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 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 Planning and Zoning Board for study and
written recommendation prior to submittal to
the Board of Adjustment.
243
645.23 (Cont.)
The Board of Adjustment shall consider the
recommendation of the Planning and Zoning
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
five hundred (500) feet, provided however,
that failure to mail or receive such courtesy
notice shall not affect any action or pro—
ceedings taken hereunder.
E. Any party may appear in person, or be repre—
sented by an agent or by attorney at the'public
hearing.
F. The Board of Adjustment shall make findings
that the requirements of 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
645.2!3 (Cont. )
Variance that will make possible reasonable
use of the land, building or structure.
H. The Board of Adjustment shall further make
a finding that the granting of the Variance
will be in harmony with the general purpose
and intent of this ordinance, will not be
injurious to the neighborhood, or otherwise
detrimental to the public welfare.
In granting any Variance, the Board of Adjust
ment 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 cir-
cumstances
shall the Board of Adjustment grani
a Variance to permit a use not generally or b5
Special Exception permitted in the district
involved, or any use expressly or by implicatj
prohibited by the terms of this ordinance.
245
645.25 APPLICANTS
All hearings for Special Exceptions or Variances
before the Board of Adjustment shall be ini-
tiated 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 consent; (3)
duly authorized agents evidenced by a written
power of attorney; (4) City Council; (5)
Planning and Zoning Board; (6) department or
agency of the City.
645.27 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, requirement, decision or deter-
mination 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 (4) members of the
246
645.27 (Cont.)
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
yn the`j application of this ordinance.
1 P.�. , oZD G C' C�£7ed] %)e lea F:
645.29 APPEALS FROM THE BOARD OF ADJUSTMENT
Any person or persons, jointly or severally
aggrieved by any decision of the Board of
Adjustment, or any taxpayer, or any officer,
department, board or bureau of the governing
body of
Circuit
Writ of
forth that
said municipality, may
present to a
Court a petition for issuance of a
Certiorari, duly verified, setting
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.
645.31 DUTIES OF BUILDING OFFICIAL, BOARD OF
ADJUSTMENT, CITY COUNCIL ON MATTERS
OF APPEAL
It is the intent of this ordinance that all
questions of interpretation and enforcement
247
645.31 (Cont.)
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 particularly
by 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.
645.33 SCHEDULE OF FEES, CHARGES AND EXPENS
The following fees and charges in connection
matters pertinent to zoning petitions, speci
exceptions, variances and appeals are estab—
lished;
Application for Rezoning
Application for a Special
Exception or Variance
$100.00
75.00
For RPUD Fee See Procedure for
Securing approval of a Planned
Unit Development, Section
641.27, B, and Final Application,
Section 641.41, B.
Appeal of Administrative Decision 25.00
No permit. or certificate -shall be issued and
no inspection, public notice or other action
relative to zoning, petitions for changes in
zoning, or appeals, shall be instituted unti:
after such fees, costs and charges have been
paid. When, in accordance with the provisio!
of this section, a fee is paid and applicatic
is filed, there shall be no return or rebate
of any funds so received, regardless o.f the
City's determination in the matter involved.
249
645.33 (Cont.)
All fees, costs and charges shall be, upon
collection, deposited in the General Fund of
the City.
Where plans and specifications for construction
in the City of Cape Canaveral, Florida are
reviewed by the City Engineer, the actual
costs of such review shall be paid by the
applicant, whether a building permit is issued
or not. The Building OfficialsBiagy require a
deposit of estimated cost upon receipt of
application for building permit.
645.35 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
250
645.35 (Cont.)
imposing the higher standards shall govern.
645.37 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.
645.39 PENALTIES FOR VIOLATION
Any person, firm or corporation who violates,
disobeys, omits, neglects or refuses to comply
with, or who resists the enforcement of any
of the provisions of this ordinance, shall be
fined not more than five hundred dollars
($500.00) or shall be imprisoned for not more
than thirty (30) days, or both, at the
discretion of the Municipal Court. Each day
that a violation is permitted to exist after
notice shall constitute a separate offense,
251'
645.41 SEPARABILITY CLAUSE
Should anysection 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.
647 AMENDMENTS
The regulations, restrictions and boundaries
set forth in this ordinance may, from time t
time be amended, supplemented, changed or
repealed in the manner prescribed by law.
647.01 PROCEDURE
A. A district boundary change may be initiat
by (1) the owner or owners of at least seven
five (75) percent of the property described
in the application; (2) tenant or tenants
with owners sworn to consent; (3) duly autho
ized agents evidenced by a written power of
attorney; (4) City Council; (5) Planning and
Zoning Board; (6) any department or agency '
of the City. Any amendment to this ordinanc
other than a district boundary change may be
proposed by (1) City Council; (2) Planning a
Zoning Board; (3) any department or agency
of the City; (4) any individual, corporation
or
agency.
B. All proposed amendments shall be submitte
to the Planning and Zoning Board for study
253
647.01 (Cont.)
and recommendation. The Planning and Zoning
Board shall study such proposals to determine:
1. The need and justification for the change.
2. When pertaining to the rezoning of land,
the effect of the change, if any, on the
particular property and on surrounding propertie
3. When pertaining to the rezoning of land,
the amount of undeveloped land in the general
area and in the City having the same classifi—
cation as that requested.
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 ordinance and the plan.
C. The Planning and Zoning 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
254
647 . 01 (Cont.)
due public notice has been given of a public
hearing. Public notice of the hearing'shall
be given only after the Planning and Zoning
Board has submitted its recommendation for
the change or amendment, and said public notice
of the hearing shall be given at least fourteen
(14) days in advance of the hearing by the
publication in a newspaper of regular and gen-
eral circulation of the City of Cape Canaveral,
and notice shall be posted at City Hall.
E. A courtesy notice may be mailed to the
property owners of record within a radius of
five hundred (500) feet, provided, however,
that failure to mail or receive such courtesy
notice shall not affect any action or proceed-
ings taken hereunder.
F. When any proposed change of a zoning district
boundary lies within five hundred (500) feet
of the boundary of an incorporated or unincor-
porated area, notice may be forwarded to the
Planning and Zoning Board, or governing body
255
647.01 (Cont.)
of such incorporated or unincorporated 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 classification 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 jurisdiction pro—
posing the change and be postmarked no later
than ten (10) days prior to the first scheduled
hearing concerning the proposed change. The
notice shall contain the legal description of
the affected property, the existing zoning
classification, the proposed zoning classifi—
cation, and the time and place of any scheduled
647.01 (Cont.)
hearing concerning the proposed zoning chant
Prior to the effective date of any zoning
classification change, the City Council sha:
cause an affidavit to be filed with the Cit.]
Clerk certifying that said Council has comp:
with the provisions of this section. The f
of said affidavit shall be prima facie proof
of compliance with the requirements of this
section.
A failure to give notice shall not
affect the validity of zoning except as to t
property of the complaining
647.03 LIMITATIONS
No proposal for zoning change
affecting particular property
owner.
or amendment
or properties
shall contain conditions, limitations or
requirements not applicable to all other
property in the district to which the partic
property is proposed to be rezoned.
647.05 RECONSIDERATION OF DISTRICT BOUNDARY
CHANGES
When a proposed change in district boundarie
257
647.05 (Cont.)
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 (2) years. Such
restriction shall not apply to the property
owner if the original request was initiated
by the City Council, Planning and Zoning
Board, or any department or agency of the City,
gUcJl Res -talc -hod
nor shallot apply to the City Council, the
Planning and Zoning Board, or any department
or agency of the City.
647.07 INCORPORATION OF ZONING ORDINANCE IN
A CODE PROVIDED
This ordinance may be incorporated in a Code
of the City of Cape Canaveral with such changes
in subdivision heading and identification as
the codifier deems appropriate, and without
the notice procedures usually required for
zoning ordinance changes. However, in no case
shall the substance of a zoning requirement
be changed.