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Home My WebLink AboutAdopted by Ord 10-1978CITY OF CAPE CANAVEEAL ZO4NING ORDINANCE CAREY PRITCHETT & ASSOCIATES, INC. 6200 North Atlantic Ave. Cape Canaveral, FL 32920 Phone: 305-784-1660 E—� f r� Coyy (Revs. 10-78) ZR4 ZONING REGULATIONS ADOPTED BY ORD 10-78 CHAPTERS 630-647.07 MICROF'R_` F� 0 d : f J ` 3-14-80- .7 \f4, y , ; r• V offig- 1 (- Pr • 4 1 ��., ,.�, City of Cape Canaveral ,P ;:s•: t . ,,_ J' 105 POLK AVENUE • CAPE CANAVERAL. FLORIDA 32920 •+ TELEPHONE 305 783-1100 � c;-yof .a " �,' ti CAPE CANAVERAL ERRATA SHEET ZONING REGULATIONS ,,' CITY OF CAPE CANAVERAL, FLORIDA `' Please make the following corrections to your copy of the Zoning Ordinance, Chapter 630, Code of the City of Cape Canaveral, Florida: AY Chapter 637. 87 (Page 32(a) ) Delete all of sub-paragraph "G" Renumber sub-paragraph "H" to "G" Chapter 638. 07 (Page 40 a) Delete all of sub-paragraph "G" Renumber paragraph "H" to "G" First Errata Sheet May 14, 1976 i i 1 I b i CITY OF CAPE CANAVERAL ZONING ORDINANCE (Rev. 10/78) =l ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA r. INDEX ZONING REGULATIONS, ESTABLISHMENT AND Pb -'E PURPOSE REPEAL OF CONFLICTING ORDINANCES SHORT TITLE • SECTION/S 630. ZONING DEFINITIONS ESTABLISHMENT OF DISTRICTS AND PROVISION FOR OFFICIAL ZONING MAP OFFICIAL ZONING MAP REPLACEMENT OF OFFICIAL ZONING MAP RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES ` APPLICATION OF DISTRICT REGULATIONS CONFORMITY WITH REGULATIONS STRUCTURE HEIGHT, MAXIMU4/UNITS, LOT AREA PERCENTAGE, SETBACKS SETBACK, OPEN SPACE, PARKING, LOADING REQUIREMENTS FOR ADDITIONAL BUILDINGS DIMENSION OR AREA REDUCTION BELOW MINIMUM,REQUIREMENTS- _ REGULATIONS ARE i1INIMUM; UNIFOR:ILY APPLIED LOT AND STREET REQUIREMENTS FOR STRUCTURES ZONING CLASSIFICATION OF ANNEXATIONS UNUSUAL USES OR USES NOT SPECIFICALLY PERMITTED SCHEDULE OF DISTRICT REGULATIONS R -l: SINGLE FAMILY RESIDENTIAL DISTRICT PRINCIPAL USES AND STRUCTURES ACCESSORY USES AND STRUCTURES SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT PROHIBITED USES AND STRUCTURES AREA AND DIMENSION REGULATIONS OFF-STREET PARKING AND ACCESS 630.01 630.03 630.05 631.01 633. 633.01 633.03 633.05 635. 635.01 635.03 635.05 635.07 635.09 635.11 635.13 635.15 637. 637.01 637.03 637.05 637.07 637.09 637.11 637.133, 639.49G PAGE 2 Rev. 7-3-79 '%� Ord. 8-79, 7-3-79 SECTION/S R-2: ONE, TWO AND MULTIPLE FAMILY D14ELLING DISTRICT 637.21 PRINCIPAL USES AND STRUCTURES 637.23 ACCESSORY USES AND STRUCTURES 637.25 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 637.27 PROHIBITED USES AND STRUCTURES 637.29 AREAATEA ANID TITTAFTTSTOM REPCT'�AlPTGIATC' ANID % L LI 1W V 111 lIV 637.31 OFF-STREET PARKING AND ACCESS 637.33, 639.49G R-3: MULTIPLE FAMILY DWELLING DISTRICT 637.41 PRINCIPAL USES AND STRUCTURES 637.43 ACCESSORY USES AND STRUCTURES 637.45 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 637.47 PROHIBITED USES AND STRUCTURES 637.49 AREA AND DIMENSION REGULATIONS 637.51 MINIMUM BREEZE REQUIREMENT 637.53 MAXIMUM LENGTH OF ANY BUILDING IN A NORTH/SOUTH DIRECTION 637.55 LANDSCAPING .637.57 MINIMUM OPEN SPACE AREA REQUIREMENTS 637.59 OFF-STREET PARKING AND ACCESS 637.60, 639.49G MH -1: SINGLE F.A.MILY MOBILE HOME DISTRICT 637.61 PRINCIPAL USES AND STRUCTURES 637.63 ACCESSORY USES AND STRUCTURES 637.65 ATTACHED STRUCTURES 637.67 SPECIAL EXCEPTIONS 637.69 PROHIBITED USES AND STRUCTURES 637.71 AREA AND DIMENSION REGULATIONS 637.73 OFF-STREET PARKING 637.75 SIDEWALKS 637.76 DEVELOPMENT STANDARDS 637.77 NON -CONFORMITY 637.78 PERMIT 637.79 C-1: LOW DENSITY COMMERCIAL DISTRICT 637.81 PRINCIPAL USES AND STRUCTURES 637.83 ACCESSORY USES AND STRUCTURES 637.85 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 637.87 PROHIBITED USES AND STRUCTURES 637.89 AREA AND DIMENSION REGULATIONS 637.91 SINGLE FAMILY AND TWO FAMILY DWELLINGS 637.92 LANDSCAPING AND SCREENING 637.93 OFF-STREET PARKING AND ACCESS 637.95 '%� Ord. 8-79, 7-3-79 PAGE 3 T-1: TOURIST DISTRICT 638.21 PRINCIPAL USES AND STRUCTURES 638.23 ACCESSORY USES AND STRUCTURES 638.25 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTIKENT 638.27 PROHIBITED USES AND STRUCTURES 638.29 AREA AND DIMENSION REGULATIONS 638.31 LANDSCAPING AND SCREENING 638.33 OFF-STREET PARKING AND ACCESS 638.35 14-1: LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DIS`T'RICT 638.41 PRINCIPAL USES AND STRUCTURES 638.43 ACCESSORY USES AND STRUCTURES 638.45 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 638.47 PROHIBITED USES AND STRUCTURES 638.49 AREA AND DI14ENSION REGULATIONS 638.51 LANDSCAPING AND SCREENING 638.53 PERFORMANCE STANDARDS 638.55 PARKING AND LOADING 638.57 M-2: LIGHT INDUSTRIAL AND WAREHOUSING SECTION/S DISTRICT 638.61 C-2: GENERAL CO�1,1ERCIAL DISTRICT 638.01 PRINCIPAL USES AND STRUCTURES 638.03 ACCESSORY USES AND STRUCTURES 638.05 SPECIAL EXCEPTIONS PERMISSIBLE BY 638.67 BOARD OF ADJUSVa,:NT 638.07 PROHIBITED USES AND STRUCTURES 638.09 AREA AND DIMENSION REGULATIONS 638.11 SINGLE FAMILY AND TWO FAMILY DWELLINGS 638.12 LANDSCAPING AND SCREENING 638.13 OFF-STREET PARKING AND ACCESS 638.15 T-1: TOURIST DISTRICT 638.21 PRINCIPAL USES AND STRUCTURES 638.23 ACCESSORY USES AND STRUCTURES 638.25 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTIKENT 638.27 PROHIBITED USES AND STRUCTURES 638.29 AREA AND DIMENSION REGULATIONS 638.31 LANDSCAPING AND SCREENING 638.33 OFF-STREET PARKING AND ACCESS 638.35 14-1: LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DIS`T'RICT 638.41 PRINCIPAL USES AND STRUCTURES 638.43 ACCESSORY USES AND STRUCTURES 638.45 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 638.47 PROHIBITED USES AND STRUCTURES 638.49 AREA AND DI14ENSION REGULATIONS 638.51 LANDSCAPING AND SCREENING 638.53 PERFORMANCE STANDARDS 638.55 PARKING AND LOADING 638.57 M-2: LIGHT INDUSTRIAL AND WAREHOUSING DISTRICT 638.61 PRINCIPAL USES AND STRUCTURES 638.63 ACCESSORY USES AND STRUCTURES 638.65 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 638.67 PROHIBITED USES AND STRUCTURES 638.69 AREA AND DIMTNSION REGULATIONS 638.71 LANDSCAPING AND SCREENING 638.73 PERFORMANCE STANDARDS 638.75 PARKING AND LOADING 638.77 PAGE 4 SECTION/S M--3: GENERAL INDUSTRIAL DISTRICT 638.81 } PRINCIPAL USES AND STRUCTURES 638.83 ACCESSORY USES AND STRUCTURES 638.85 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF.: ADJUSTMENT 638.87 PROHIBITED USES AND STRUCTURES 638.89 AREA AND DIMENSION REGULATIONS 638.91 LANDSCAPING AND SCREENING 638.93 PERFORMANCE STANDARDS 638.95 PARKING AND LOADING 638..97 OFF-STREET PARKING REGULATIONS 639.01 OFF-STREET LOADING - 639.03 HOME OCCUPATIONS `-' 639.05 - PERMITTED HOME OCCUPATIONS 639.07 HOME OCCUPATION REQUIREMENTS 639.09 OCCUPATIONAL LICENSE'REQUIRED 639.11 GARAGE SALES 639.12' PERFOR14ANCE STANDARDS 639.13 APPLICATION OF PERFORMANCE STANDARDS 639.15 ADMINISTRATION AND ENFORCEMENT OF PERFORMANCE STANDARDS 639.17 NOISE STANDARDS 639.21 SMOKE, AND PARTICULATE MATTER STANDARDS 639.23 ODOR STANDARDS 639.25 TOXIC, GASES, FUMES, VAPORS AND MATTER 639.27 VIBRATION STANDARDS 639.29 CLARE -AND LIGHTING STANDARDS 639.31 ELECTROMAGNETIC RADIATION 639.33 HEAT AND HUMIDITY 639.35 FIRE AND EXPLOSION- 639.37 RADIATION HAZARDS 639.39 STREAM POLLUTANTS 639.41 SUPPLEMENTARY DISTRICT REGULATIONS 639.43 BUILDING SETBACK LINES 639.45 ERECTION OF MORE THAN ONE PRINCIPAL STRUCTURE ON A LOT 639.47 SETBACK ENCROACHMENTS 639.49 ACCESSORY STRUCTURES 639.51 VISIBILITY AT INTERSECTION 639.53 FENCES, WALLS AND HEDGES 639.55 EXCEPTIONS TO HEIGHT REGULATIONS 639.57 f� PAGE 5 t l `�► SECTION/S SUPPLEMENTARY DISTRICT REGULATIONS (CONY D) STRUCTURES TO HAVE ACCESS 639.59 LOCATION OF RECREATIONAL AND CAMPING EQUIPMENT FOR LIVING OR OCCUPANCY PURPOSES 639.61 LIVING ABOARD BOATS" 639.62 PARKING AND STORAGE 01 CERTAIN VEHICLES 639'.63 MINIMUM WIDTH OF COURTS 639.65 WATER AREAS 639.67 LANDSCAPING AND SCREENING FOR COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS 639.69 SEWAGE DISPOSAL _ 639.71 SWIMMING POOLS AND ENCLOSURES 639.73 VEHICULAR USE AREAS; 639.75 ATOMIC ENERGY USES 639.77 BUILDING REQUIRED 639.79 SIDEWALKG REQUIRED 639.81 DEDICATED PUBLIC LAND 639.87 " SCHEDULE OF SPECIAL EXCEPTIONS PERMISSIBLE t BY BOARD OF ADJUSTMENT 641. ESTABLISHMENTS SERVING ALCOHOLIC . BEVERAGES 641.01 LEGALLY ESTABLISHED NON-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 AND MAINTENANCE 643.09_ STRUCTURES AND USES APPROVED 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 Aw BUILDING PERMITS REQUIRED 645.03 APPLICATION FOR BUILDING PERMIT 645.05 PAGE 6 SECTION/S CERTIFICATE OF OCCUPANCY REQUIRED 645.07 TIMES AND CONDITIONS OF BUILDING PERMIT 645.09 CONSTRUCTION AND USE TO BE AS PROVIDED - IN APPLICATIONS, PLANS, PERMITS AND CERTIFICATES OF -OCCUPANCY 645 BOARD OF ADJUSTMENT: ESTABLISHMENT AND PROCEDURE 645.13 PROCEEDINGS OF THE BOARD OF .ADJUSTMENT 645.15 BOARD OF ADJUSTMENT: POWERS AND DUTIES645.17 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 645.25 DECISIONS OF THE BOARD OF ADJUSTMENT 645,27 RECONSIDERATION OF ADMINISTRATIVE 645.28' REVIEW, SPECIAL EXCEPTION OR VARIANCE APPEALS FROM THE BOARD OF ADJUSTMENT 645.29 ZONING ORDINANCE INTERPRETATION AND ENFORCEMENT 645.31 SCHEDULE OF FEES, CHARGES AND EXPENSES 645.33 PROVISIONS OF ORDINANCE DECLARED TO BE MINIMUM REQUIREIMENTS 645.35 COMPLAINTS REGARDING VIOLATIONS 645.37 PENALTIES FOR VIOLATION 645.39 SEPARABILITY CLAUSE 645.41 t � AMENDMENTS PROCEDURE LIMITATIONS RECONSIDERATION OF DISTRICT BOUNDARY CHANGES INCORPORATION OF ZONING ORDINANCE IN A CODE PROVIDED PAGE 7 SECTIONES 647, 647.01 647.03 . 647.05 647.07 (2) 630.01 (Cont.) f VE REAS all requirements of Florida Statutes, with regard to the preparation NOW of the report of the Planning and Zoning Board and subsequent action of the City Council has been met; N(V THEREFORE BE IT ORDA= BY THE PEOPLE OF THE CITY OF CAPE CA-IAVERAL, FWRIDA: 630.03 REPEAL OF CONFLICTIT'G ORDMMCES Ordinance No. 12-71 of the City of Cape Canaveral, as amended, is hereby abolished and repealed, and all other City ordinances, 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'. 631.01 ZONING DEFINITIONS For the purposes of this ordinance, certain terms or words used herein shall be interpreted as follows: The word person includes a firm, association, organizuti— , partnership, trust, company, or corporation as well as individual. The present tense includes the future tense, the singular number includes the plural nurcber includes the singular. The word shall is mandatory; the word myis 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 orap reel. 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(4)(a), Florida Statutes. 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. Apartment - See Dwelling, Multiple Family. Apartment Hotel - 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. (3) I� 631.01 (Cont.) x Automotive Vehicle - Any self-propelled vehicle or conveyance designed and used for the purpose of transporting or moving persons, animals, freight, merchandise or any substance. The phrase shall include passenger cars, trucks, buses, motor homes, 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. A�unig - A detachable, rooflike cover, supported by the walls of a ��ding for protection from sun or weather. Automotive Repair Facilities - This term shall include all mechanical engine overhaul or repair, and body work and painting of automotive vehicles. Boarding House - See Rooming House. Buildable Area - The portion of a lot remaining after required setbacks have been provided. Building Official - The official charged with the administration and enforcement of this ordinance as provided for in Chapter 645. Building or Structure - Any structure constructed or used for residence, business, industry or other p,.,blic or private purposes or accessory thereto, including tents, lunch wagons, dining cars, trailers, mobile homes, sheds, garage, carports, animal kennel, structures of all types, storerooms, billboards, signs, gasoline pumps and similar structures whether stationary or movable. Camper (Truck Mounted) - A portable structure designed to be mounted on a truck or similar type vehicle for the purpose of converting said vehicle into a movable living unit and customarily used for recreational or camping use. PEper Trailer - A movable living unit or similar portable structure having nooftler foundation other than wheels, jacks or block, designed to be moved from one location to another by automotive vheicle,may be collapsible and customarily used for recreational and camping pursuits, not in excess of eight (8) feet in width. Church - Any building occupied as a permanent use for religious exercises as a primary use. Clinic - An establishment where patients are not lodged overnight, but are act itted for examination and treatment by a group of physicians or dentists or other persons practicing the healing arts together. The term does not include a place for the treatment of animals. (4) Rev. 7-3-79 631.01 (cont.) 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 enjoyment of the said residents. Construction Site - A lot or parcel upon which development is immediately propOSed or in progress, as authorized by a current building permit.` Convalescent Home - A building where regular 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 uilding and enclosed on at least three adjacent sides by walls of the principal building. Courtesy Notice - A notice of a public hearing, not required by Iaw, mailed at the City's discretion to property owners within five -hundred (500) feet of property subject of said public hearing. Drive -In Restaurant or Refreshirierit Stand - Any place or premises used for sale, dispensing, or serving; of food, refreshments, or AW beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises. Dwelling, Single Family - A detached residential dwelling unit other than a mobile home, designed for and occupied by one family only. Dwelling, Mobile Home - A detached residential dwelling unit over 8 feet in width, which bears a seal from the Department of Housing and Urban Development of the United States Government, designed for travel over highways/streets or for house accommodations (or both), manufactured on an integral chassis (or undercarriage) and arriving at the site where it is to be occupied except for minor and incidental and packing and assembly operations, locations on jacks or other temporary or permanent foundations, connections to utilities and the like. (Ord. 8-79, 7-3-79) Dwelling, Two Family - A detached residential building containing two dwelling units, designed for occupancy by not more than two families. Dwelling, Multiple 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. (5) 631.01 (Cont.) Deelling Unit or Living LLIn�i_tt - One room or rooms connected together, constituting a separate, independent housekeeping establishment for m7ner occupancy, or rental or lease on a weekly, or longer basis, and. physically separated from any other roans or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. Farm. - An individual or a group of persons related to each other by 0 d or marriage or a group of not more than four (4) 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 fifty (50) percent of the vertical surface is open to permit the transmission of light, air, and vision through such surface in a horizontal plane. Final Application - Final application for approval of the Final Development Plan -and for approval of the required exhibits as specified in this Ordinance. Final Development Plan - Final development Plan is the Development Plan approve y 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 stun of the gross horizontal areas of the several lours o a building or buildings, measured from the exterior faces of exterior walls or from the centerline of walls separating two attached buildings. The required minimun floor area within each district shall not apply to accessory uses. Floor Area Ratio - The floor area of the building or buildings on any of dimmed by the area of the lot. (See 638.71). Guest House - Living quarters within a detached accessory building ocate on the sante lot with the main building for use by temporary guest 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. He Re - A row of bushes or small trees planted close together in such a manner as to form a boundary or barrier. . Height of Building - The vertical distance from the established average sidewalk or street grade or finished grade at the building C line, whichever is the highest, to (a) the highest point of 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, (See 639.57). (6) 631.01 (Cont.) Home Occ tion - Any occupation conducted entirely i-Athin a dwelling unit rrieon by an occupant thereof, which occupation is clearly incidental and secondary to the use of the dwelling for &-mlling purposes and does not change the residential character thereof. Hospital - A building or gourp of buildings, having room facilities for one or more overnight 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, central,service facilities, and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be integral part of the hospital operations. Hotel - A building in which lodging, or boarding 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 and viAch in its entirety contains landscaping. Landscaping - The arrangement of vegetation such as trees, busies and grass, together with other suitable materials in couplenentary fashion over a tract of land for aesthetic effect. M Area - The minimum floor area of a dwelling as measured by its outside dimensions exclusive of carports, porches, sheds and attached garage. LoadinSpace, 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. C7) 631.01 (Cont.) Lot - For purposes of this ordinance, a lot is a parcel of land of at t est sufficient size to meet minimum zoning requirements for use, t coverage, and area, and to provide such setbacks and other open spaces as are herein required.. In no case of division or combination of parcels shall any residual lot or parcel be created which does not meet the requirements of this ordinance. Such lot may consist of: A. A lot of record; or B. A portion of a lot of record; or combination of portions of lots of record; C. A combination of complete lots of record, or complete lots of record and portions of lots of record; and/or D. A parcel of land described by metes and bounds. Lot, Corner - A lot located at the intersection of two or more streets. A fot—aYu—tting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred -thirty five (135) degrees. Lot Dimensions: A. Depth - Of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines ' in the rear. (%W B. Width - Of a lot shall be considered to be the distance between- st air ght lines connecting front and rear of the required front setback, provided however, that width between side lot lines at their foremost points (where they intersect with the street lines) shall not be less than eighty (80) percent of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where the eighty (80) percent requirement shall not apply; provided, however, that all lots shall have a minimun of twenty-five (25) feet facing a street, Lot, Frontage - The front of a lot shall be construed to be the portion nearest�treet. (Ord. No. 21-77, Sec, 1, 7 Feb, 1978). Lot, Interior - A lot with only one frontage on a street. Lot Line - The boundary line of a lot. Aw (8) Rev. 7-3-79 631.01 (cont.) Lot of Record - A lot whose existence, location and dimension have been legally recorded or registered in a deed or on a plat. Lot, Reversed Frontage - A lot on which the frontage is at rig t angles or approximately right angles (interior angle less than one -hundred thirty five (135) degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot or a through lot. Lot, Through - A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to a double frontage lot, Major Recreational Equipment - Boats and boat trailers, travel trailers, trailers for transporting motorized vehicles, pickup campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like including the coverings. Marina - A place for docking boats or providing services to boats anew occupants thereof, including servicing and repair to boats, sale of fuel and supplies, and provision of food, beverages, and entertainment as accessory uses. A yacht club 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. Mobile Home Parks/Trailer Parks - A single parcel of ground on which there are sites to be leased or rented to tenants for the purpose of parking mobile homes or recreational vehicles. (Ord. 8-79, 7-3-79) Motel.- A building in which lodging, or boarding and lodging, are provided and offered to the public for compensation, As such it is open to the public in contradistinction to a boarding or lodging house, or a multiple 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 through 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. (9) 631.01 (Cont.) Non Conformity structure, u - Any lot, use of land, use of use of struc- ture and emzse or characteristics of any use which was la-�,ful at the time of enactment of this ordinance but vltich does not conform with the provisions of the district in vindch it is locate"&. Occupied - The use of structure of land for any purpose including occupancy for residential, business, industrial, marufacturing, storage, and public use. Oceanfront Lots - A lot that is contiguous with the ocean beach and vEEH is cons ered as fronting on a public access easement and include those lots adjacent to a,dedicated street. (Ord. no. 21-77, Sec. 1 7 Feb. 1978). Open Space Area - That area of the lot vIni.ch is to be left open for free circulation of air and i-hich provides an area for recreational and/or leisure pursuits. Not to be included as part of open space area: building setbacks, area occupied by all building structures, parking, area, roads and drives. Recreational areas may be included. SrAmTiing pools may be included in the calculation of min'irlun open space. Patio - See Terrace. Parking Space, Off -Street - For the purposes of this ordinance the term "o -street parking space" shall consist of a minir--i paved area two - hundred (200) square feet with ri nin n dimensions of ten (10) feet by twenty (20) feet for parking an automobile, exclusive of access drives or aisles thereto. Pla ound/s - An area of land set aside for outdoor recreation, used by children for play and often equipped for specific activities. May also be that part of a park or outdoor recreation facility set aside for such use by children. A playground may be public or private, however, any recreation area established for pre -kindergarten children only, or for adults or college students primarily, shall not be considered a playground. Principal Use of Structure - A building in which is conducted the princi- po use ot the lot on -Z_Fich it is situated. In a residential district any &jelling shall be deemed to be the principal building on the lot on which the sa-e 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. A detached and structurally independent carport, garage, or other structure shall conform to the requirements of an accessory building. A detached and structurally independent garage, carport, or other structure conforming as an accessory building may be attached to the principal buildings by an open breezeway not to exceed six (6) feet in width. A connecting roof 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. 631.01 (cont.) (10) Rev.7-3-79 Public Access Easement - An easement less than twenty feet wide dedicated and used for utilities and vehicles. Not qualified as an alley per subdivision code. (Ord. 21-77, Sec. 1, 7 Feb. 1978) 0%W 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. Recreational Vehicle - Units designed as temporary living quarters for recreational, camping, or travel use, which either have their own motive power or are mounted on or drawn by another vehicle. Includes travel trailer, camping trailer, truck camper, motor home and wheel recreational trailer. (Ord. 8-79, 7-3-79) Residential District - The R-1, R-2, R-3 or MH -1 District. Restaurant - Any building or structure or portion thereof, in w is ood 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 prearrangement for definite periods, lodging, meals, or lodging and meals are provided for three or more persons but not exceeding twenty (20) persons. School rounds - All the land included in the lot or parcel upon which a school building is regularly used (excepting vacation periods) by elementary and/or secondary school students. The school and/or land may be public or private. Any area of land surrounding a college or university is not to be considered a schoolground, but rather a campus. Service Station - Buildings and premises where gasoline is supplied at retail, as a primary use, and where, in addition, services may be rendered and sales made as specified by this Ordinance. Setback - A required open space on the same lot with a principal building, which space is unoccupied and unobstructed by buildings from the ground upward except as specifically otherwise provided hereunder: A. Front Setback - The required open space extending across the entire width of the lot, from the front lot line to the specified distance from the front lot line. B. Side Setback - The required open space extending from the front setback to the rear setback, and extending from the side lot line to the specified distance from the side lot line. C. Rear Setback - The required open space extending across the entire width of the lot, from the rear lot line to the specified distance from the rear lot line. D. Driveway,Parking and Accessory Structure Encroachments Within Setback Area/s - Encroachments within any setback area are permitted only as specified in 639.49 and 639.51 hereof. Sign - 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: (�W 631.01 (Cont.) A. Signs not exceeding one (1) square foot in area and bearing only property nurbers, post office boy: numbers, names of occupants of premises, or other identification of premises not having commercial cormotations; B Flags and insignia of any government except when displayed in connection with commercial promotion; C. Legal notices, identification informational, or directional signs erected or required by governmental bodies; D. Integral decorative or architectural features of buildings, except letters, trademarks, moving parts, or moving lights; E. Signs directing and guiding traffic and parking on private property, but bearing no advertising matter. Signs, Number and Surface Area - For the purpose of determing nunber of signs, a sign shall be considered to be a single display surface or display device containing elements organized, related, and composed to form a unit. Where matter is displayed in a random manner without organized relationship of elements, or where there is reasonable doubt about the relationship of elements, each element shall be considered to be a single sign. The surface area of a sign shall be computed as including the entire area within a regular geometric form comprising all of the display area of the sign and including all the elements of the matter displayed. Structural members not bearing advertising matter shal not be included in computation of surface area. SiM, On -Site - A sign relating in its subject natter to the premises on uhich it is located, or to products, accomodations, services, or activities on the premises. Sign, Off -Site - A sign other than an on-site sign. Special rException - 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, comfort, convenience, appearance, posterity, or general welfare. Such uses as nay be permitted by the Board of Adjustment are identified for each zoning district as special exceptions. Story - That portion of building included between the floor surface and the upper surface of the floor next above, or any portion of a building, used for hunnn occupancy between the top -most floor and roof. A basement or cellar not used for human occupancy shall not be counted as a story. r� (12) (1 631.01 (Cont.) Street - A street for the purposes 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 -of -Kay Line - The property line cahich bounds the right- of-way set aside for use as a street. Where sidewalks exist and the exact location of the right-of-way is unlmown, the side of the sidewalk farthest from the centerline of the traveled street shall be considered as right-of-way line. B. Street Centerline - The midpoint of the street right-of-way. S:.T m_ing Pool - Any portable pool or permanent structure containing a body of water eighteen (18) inches -or more in depth and wo hundred fifty (250) square feet of surface area or more of water service area, intended for recreational purposes, including a wading pool, but not including an ornamental reflecting pool or fish pond or other type of pool regardless of size, unless it is located and designed so as to create a hazard or be used for swimming or wading. Tent - A collapsible shelter of canvas or other fabric type material. Terrace - An open space adjacent to the principal building on one or t -,,-o sides, prepared with a hard, semi -hard, or improved surface, and uncovered, for the purpose of outdoor living. Tourist and Transient Living Accomodations - Any place wherein tourists, transients, trave ers, or persons desiring temporary residence may be provided with sleeping, sanitary or cooking facilities. Townhouse - See dwelling, multiple family. Total Floor Area or Gross Floor Area - The areas of all floors of a building,,,-.- including uilding„.,inc u g iris ed 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 approve y the Florida State Board of Health which is designed, constructed, equipped, operated and maintained for the purpose of providing space for and otherwise servicing mobile homes and/or trailers. Travel Trailer - A vehicular, portable structure having no foundation other than�.iee s jacks or blocks, designed to be used as a temporary dwelling unit for travel, recreational and vacation uses, which (1) is identified on the unit or classified by the manufacturer as a travel trailer; and (13) 631.01 (Cont.) l 1�w (2) is not pore than eight (8) feet in i:-idth. Vacant - A building or parcel of lard v;rich is neither occupied nor used or is in a nen-operative state for a period of six (6) consecutive months or Twre. Variance -- A variance is a relaxation of the termis of the zoning ordinance where such variance -•n-11 not be contrary to the public interest and xanere, o.d_r,g to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance v.,ould 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; establish -rent or expansion of a use othenrise prohibited shall not be allo,.•7ed 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. Z•,Tall - A structure forming a physical barrier Giiich is so constructed EE less than fifty (50) percent of the vertical surface surface from ground level to its top is open to permit the transmission of light, air, and vision through such surface in a horizontal plane. Yard - All open space on the same lot as the principal building, which space is unoccupied and unbbstructed by buildings from the ground upward except as otherwise provided. Generally applies to the area from each lot line to the principal building and its attached porches, sheds, car- ports, garages arrA storage areas. (Ord. No. 17-76, 21 Sep 1976). 633 ' ESTABLISMM—T OF 'DISTRICTS : ROVISION FOR •OFFICIAL ZONING MAT 633.01 OFFICIAL ZONIM MAP The City is hereby divided into zones, or districts, as shmm 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 U?ords : "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 ti,:e of passage of this Ordinance shall remain in effect and shall be re-identified as provided above. (14) A) 651:01 (Cont.) If, in accordance with the provisions of this Ordinance and Florida Statutes, changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be made 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 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 w'ii.ch may from time to time be made or published, the Official Zoning Nap which shall be stored in City Hall when not in use, and readily available to the public, shall be the final authority as to the current zoning status of land and water areas, buildings and other structures in tie City. 633.03 REPLACEMENT OF OFFICIAL ZONING MAP In. the event that the Official Zoning Nap becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Council may be resolution adopt a new Official Zoning. Map which shall supersede the prior Official Zoning Nap. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of map being replaced) as part of Ordinance No. 10-75 of the City of Cape Canaveral, Florida." Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment. (15) 633.05 RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES Where uncertainty exists as to the boundaries of districts as shown on the Official Zoning Map, the following rules shall apply: A. Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines; 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 such center lines; .. E. Boundaries indicated as parallel to or extensions of features indicated in subsections (A) through (D) above shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map; F. In cases where the actual location of physical features varies from those shown on the Official Zoning Map, or in other circumstances not covered by subsections (A) through (E) above, the Board of Adjustment shall interpret the district boundaries. 635 APPLICATION OF DISZRICT REGULATIONS The regulations set by this ordinance within each district ,shall be minimum regulations and shall apply unifoiuily to each class or kind of structure or land, and particularly. 635.01 CONFORMITY WITH REGULATIONS No building, structure, or land hereafter 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. (16) 635.03 STRUCTURE HEIGHT, MAXIMUM UNITS, LOT AREA PERCENTAGE, SETBACKS No building or other structure shall hereafter be erected or altered: A. To exceed the height; B. To accommodate or house a greater number of families; •C. To occupy a greater percentage of lot area; D. To have. narrower or smaller rear setback, front setback, side setbacks, or other open spaces than herein required; or in any other manner. contrary to the provisions of this ordinance. 635.05 SETBACK, OPEN SPACE, PARKING, LOADING REQUIREMENTS FOR ADDITIONAL BUILDINGS No part of a setback, 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 setback, open space, or off-street parking or loading space similarly required for any other building. 635.07 DIMENSION OR AREA REDUCTION BELOW MINIMUM REQUIREMENTS No setback or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the mini- mum requirements set forth herein. Setbacks or lots created after the effective date of this ordinance shall meet the minimum requirements established by this ordinance. 635.09 REGULATIONS ARE •MINIMUM: UNIFORMLY APPLIED Deleted by Ord. 17-76, Sec. 1, 21 Sep 1976). 635.11 LOT AND STREET REQUIREMENTS FOR STRUCTURES Every building or structure hereafter erected shall be located on a lot as defined herein. Every building hereafter erected or structurally altered shall be on a lot adjacent to a public street, 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. (17) 635.13 ZONING CLASSIFICATION OF AN1EXATIONS The zoning classification of all property which may hereafter be annexed to the City shall be determined by the City Council upon re- commendation of the Planning and Zoning Board at the time of annexation. 635.15 UNUSUAL USES OR USES NOT SPECIFICALLY PERMITTED 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 foz.a Special Exception, determine the proper zone for such use. The Board of Adjustment may prescribe appropriate additional conditions and safeguards in the public interest. 637 SCHEDULE OF DISTRICT REGULATIONS 637.01 R-1: SINGLE FAMILY RESIDENTIAL DISTRICT The provisions of this district are intended to apply to an area of single family unattached residential development. Lot sizes 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 one hundred (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; (18) Rev. 637.05 (cont.) 3. All applicable regulations and restrictions of the Corps of Engineers and other Federal, county, state and local controls shall be adhered to. B. Non--Coiianercial 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, 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; B. Public and private schools with conventional curriculums;. public libraries; C. Churches andotherplaces 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. 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 are prohibited. 637.11 AREA AND DIMENSION REGULATIONS R-1 Minimum Lot Area: 7,500 Sq. Ft. -(Ord. 10-79, 8-7-79) Minimum Lot Width: : 75 Feet (19) 637.11 (Cont.) Minimum Lot Depth: 100 Feet Maximum Lot Coverage: 30% Minrntn Living Area: 1,100 Sq. Ft. Maximum Height: 25 Feet MINIMUM SE1BACK REQUIRE i CS R-1 Front: Side Interior Lot: 25 Feet 8 Feet or 107 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 Obr'-S • Di T PARKING AND ACCESS Off -Street parking area and access to a public or private street shall be provided in accordance with Chapter 639. 637.21 R-2: ONE, TGK) AND MULTIPT F FAMILY DWELLING DISTRICT The provisions of this district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium densityresidential development maintaining an adequate amount of open space for such development. 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 andmultiple family dwellings, provided however, that in no case shall therebemore 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: (20) 637.25 (Cont.) 1. No dock or pier shall extend over five (5) feet beyond the property line unless the abutting waterway is over one hundred (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 applic.ahle regulations and restrictions of the. Corps of Engineers and other Federal, 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 provisions of Chapter 639. E. Parking lots and facilities in conjunction with one or more principal uses. 637.27 SPECIAL EXCEPTIONS PERtiIISSIBT.F BY BOARD 0P ADJUSTMENT A. Public utility; uses and rights -of way essential to serve the neighborhood in which it is located; B. Public and private schools with conventional curriculums; public libaries; 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; (21) 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 activities; I. Governmental office buildings, institutions and cultural facilities; J. Kindergartens, nurseries, and child rare facilities; 637.29 PROHIBITED USES AND STRUCTURES A11•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: Ivalimn: Lot Depth: Maximum Lot Coverage: Minimun Living Area: Maximum Height: 0ne family and two family: 7,500 SQ. FT. Multiple Family; 10,000 SQ. FT. 0ne family, two family and multiple family; 75 FT. 0ne fa•_mily, two family and multiple family; 100 FT. 0ne family, two family and multiple family; 35% 0ne family: 1,000 SQ. FT per dwelling unit. Two family: 750 SQ. FI' per dwelling unit_ . Multiple family: Efficiency: 450 SQ. FT. per dwelling unit One 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. 0ne family, two family and multiple family: 25 FT.. (22) (Rev.) 637.31 (Cont.) MINIMUM SETBACK REQUIREMENTS: R-2. Front: One family, two family and multiple family; 25 FT.. Side: (Interior Lot) 0ne family, two family and multiple family dwell- ings: 8 FT. or 10% of width of lot, whichever is greater, up to 15 FT. (Ord. No. 19-78, § 1,.. 5 Dec 1978). Side: (Corner Lot) One family, two family and multiple family; (a) 25 FT. (b) On all nonconforming lots of record as defined in Chapter 643.03, on side corner lots there shall be a minimum setback of 15 FT. (Ord. No. 14-77, § 1, 4 Oct 1977). Rear: One family, two family and multiple family: 15 FT. (Ord. No. 19-78 § 1, 5 Dec 1978). 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. 637.41 R-3 MULTIPLE FAMILY DWELLING DISTRICT The provisions of this district are intended to apply to an area of medium density residential development. Lot, height, and other building restrictions are intended to accommodate a controlled degree of development, maintaining an adequate amount of open space for residential uses. Higher density figures will be permitted for hotel/motel development as set forth in the schedule of regulations listed below. 637.43 PRINCIPAL USES AND STRUCTURES A. Single family dwellings, two family dwellings and mulitple 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; (23) Rev. 7-3-79 637.43 (cont.) B. Professional, offices, studios and similar uses; C. Medical and dental clinics and related laboratories; D. Government offices; E. Mobile Home Parks in existence on October 28, 1975 provided the number of spaces shall not exceed those licensed or previously platted to said mobile home parks on that date, and provided further that said mobile home parks shall not exceed the limits of property also on that date under unity of title. (Ord.8-79, 7-3-79) 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 net: 1. No dock or pier shall extend over five (5) feet beyond the property line unless the abutting waterway is over one -hundred (100) feet in width at such pointwhere the pier or dock is constructed; 2. No water craft moored to such use shall be used as living quarters; 3. All applicable regulations and restrictions of the Corps of Engineers and other Federal, 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 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 thirty-five (35) or more units, including drug and sundry shops, confectionary and coffee shops; newsstand; personal services; delicatessens; eating establishments; laundry and dry cleaning pickup stations and laundromats and similar uses, provided that no commercial display is visible from outside a principal building. Such accessory use shall not exceed five (5) percent of the gross floor area of a principal use. (24) 637.47 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT A. Public utility uses and rights -of way esential 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 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, playgounds, 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; J. Hospitals, restoriums, convalescent homes, nursing homes for human care except institutions 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, broadcasting towers and antenna; N. Establishments dispensing alcoholic beverages, when operated within a single complex of thirty-five (35) or more units. 637.49 PROHIBITED USES AND STRUCTURES All uses not specifically or provisionally permitted herein. (25) Rev. 7-3-79 637.51 AREA AND DIMENSION REGULATIONS R-3 Minimum Lot Areas: One and two family: 7,500 Sq. Ft. Multiple family 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 Ft. Multiple family and offices, hotels and motels: 100 Ft. Churches and hospitals: 150 Ft. Minimum Lot Depth: One and two family, multiple family and offices, churches and hospitals, hotels and motels: 100 Ft. Maximum Lot Coverage: One and two family: 35% Multiple family and offices, churches and hospitals: 35% Hotels and Motels: 40% Minimum Living or One family: 1,000 Sq. Ft. per Floor Area: dwelling unit. Two family: 750 Sq, Ft. per dwelling unit. Multiple family, residential One bedroom: 650 Sq. Ft. per dwelling unit Two bedroom: 750 Sq. Ft. per dwelling unit, plus 200 Sq. Ft, for each additional bedroom. Hotels and Motels: 300 Sq. Ft. per rental unit. Floor Areas for Office Buildings and Office Units: Office Buildings: 1,050 Sq. Ft. Office Units: 200 Sq. Ft. (Ord. 21-77, § 1, 2-7-78) Maximum Height: One.and Two Family: 25 Ft. �ulp7 e family, offices, churches, hospitals, hotels and motels: 45 Ft. Hotel .,and motel units containing provisions for cooking or light housekeeping shall have a minimum floor area not less than 400 Sq. Ft. (Ord. 17-7.6, §1, 9-21-76, Ord. 19-78, §1, 12-5-78) (261 (Rev.) 637.51 (Cont.) MINIMUM SETBACK REQUIREMENTS: R-3 Front: Residential, offices, hotels and motels: 25 Ft. Side Interior Lot: Churches, hospitals and the like: 25 Ft. (0rd. No. 19-78 § 1, 5 Dec 1978). Residential, offices, hotels and motels: 15 Ft.. "Single family residence side setback for fifty foot lots contiguous with the ocean: is ten feet". (0rd. No. 21-77 § 1, 7 Feb 1978). Churches, hospitals, and the like: 15 Ft. One family, two family and multiple family, 8 Ft. or 10% of width of lot, whichever is greater, up t,o 15 Ft. (0rd. No. 21-77 § 1, 7 Feb 1978) . Side Corner Lot: Residential, offices, hotels and motels; 25 Ft.. Rear: Churches, hospitals, and the like: 25 Ft. 0n all nonconforming lots of record as defined in Chapter 643.03, one family, two family, and multiple dwelling; on side corner lots there shall be a minimum setback of 15 feet. (Ord. No. 14-77 4 Oct 1977). Residential, offices, hotels and motels: 15 Ft. Churches, hospitals and the like: 25 Ft., 20 Ft. when abutting an alley. (Ord. No. 19-78 § 1, 5 Dec 1978). 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. (27) 637.55 MAXIMUM LENGTd OF ANY BUILDING IN A NORTLi/SOUTH DIRECi'1CN 185 ft. 637.57 LANDSCAPING A ten (10) foot landscaped buffer adjacent to any street and two and one half (2 2) feet landscaped buffer adjacent to any abutting lot shall be required. 637.59 malmakrceEN SPACE AREA PEQUIRfl1ENT The minimum open space required is fifteen (15) percent of the total lot area. Not to be included as part of open space area are the following: setback requirements, area occupied by all building structures, parking area, roads and drives, Recreational areas and swimming pools may be included in the calculation of min' i Trn open space, 637.60 (kb -STREET PARKING AND ACCESS Off-street parking and access to a public or private street shall be provided in accordance with Chapter 639, 637.61 'SINGLE FAM IY MBT T III DISTRICT The provisions of this district are intended to apply to areas devoted to single family mobile homes, (Ord. 29-75, 21 Sep 1976). 637,63 ''PRINCIPAL USES -AND -STRUCTURES A. Single family mobile home units; B. Public recreational facilities; C, Home occupations (Ord, 29-75, 21 Sep 1976). 637,65 ACCESSORY USES AND STRUCTURES A. Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use. Structures used for accessory uses shall be detached from the mobile home unit, shall have no sanitary plunbing or kitchen.facil'ties and shall not be used for home occupations. (Ord. 29-75, 41Sep, 1976), 1976) . (28) Rev. 7-3-79 637.67 ATTACHED STRUCTURES Structures attached to mobile units shall be limited to screened enclosures and shelters over patios or porches. These structures shall be constructed of metal, fiberglass or glass or any combination thereof and shall be comprised of manufactured components recognized by the component manufacturer as being. suitable for use with a mobile home unit as part of an attached structure. (Ord. 29-75, Sec. 1, 21 Sept. 1976) 637.69 SPECIAL EXCEPTIONS A. Schools, churches. (Ord. 19-75, Sec. 1, 21 Sept. 1976) 637.71 PROHIBITED USES AND STRUCTURES All uses not specifically or provisionally permitted herein. 637.73 AREA AND DIMENSION REGULATIONS: MH-1 Minimum Site Size: Minimum site for development of an area shall not be less than 6 acres. Minimum Lot Size: An area not less than 6000 square feet and having a frontage of not less than 85 feet and having a depth of not less than 70 feet. (Ord. 8-79, 7-3-79) Minimum Living Area: 500 square feet Maximum Height of Structure: 15 feet MINIMUM SET BACK REQUIREMENTS: MH-1 Front: 20 feet Side: 7-1/2 feet Rear: 15 feet (Ord. 29-75, Sec. 1, 21 Sept. 1976) 637.75 OFF-STREET PARKING Off -Street parking and access to a public or private street shall be provided in accordance with Chapter 639 of this Ordinance. (Ord. 8-79, 7-3-79) 637.76 SIDEWALKS Sidewalks with a width of four feet, constructed of concrete in. accordance with City specifications shall be provided on each side of all streets in the development with lot frontage. Side- walks construction shall coincide with street paving and shall be complete before occupancy of any lot. (Ord. 29-75, Sec. 1, 21 Sept. 1976) (28a) 637.77 DEVELOPMENT Si.} , kRDS The minimum design and construction requirements for potable water systems, sanitary sewer sys terns , storm drainage systems, grading and street paving, shall be in accordance with the requirements of Chapter 503 of the City Code pertaining to subdivision of land, except that streets shall have a minimum paved width of 20 feet and shall be located symetrically about the centerline of a 34 foot right of way. In addition, the following shall apply: (A) All electrical power, gas, ccsrmunity antenna television and telephone systems shall be underground, conforming to applicable ordinances, codes and utility company regulations. (B) A street lighting system providing illumination conforming to applicable standards of the illumination Engineering Society shall be installed. (C) An adequate fire protection system consisting of fire mains, hydrants, and necessary appurtenances shall be provided. Plans and specifications for the fire protection system shall be approved by the City Engineer and Fire Marshall before -work is commenced on the system. The system shall be installed in accordance -with the approved plans and specifications. (D) All requirements of this section entitled "Developliuent. Standards" shall be complete throughout the entire development and approved by the .City and other applicable agencies prior to occupancy of any lot. (Ord, No. 29-75 Sec. 1 9 Mar 1976) . 637.78 'EON -CONFORMITY: The provisions of Section 643 apply to this district except as follows: (A)_ Due to the limited life of mobile home units and the need to replace or upgrade these units from time to time, nothing contained in Section 643 shall prohibit the removal of a mobile home unit and/or the installation of a mobile home unit on a lot or lots in this district provided that the area and dimensions regulations and the minimum setback requirements for a M1-1-1 District in effect at the time of the passage of this ordinanc' are not violated. (Ord. No. 29-75, Sec. 1, 9 Mar. 1976). Lots in former TR-1 Zoning District The provisions of Chapter 643, Legally Established Non-'donforming Lots, Non -conforming Structures and Non -conforming, Uses, sha1I not apply to all lots of Record situated in the former TEA Zoning District (Justamere Road). All such lots and uses thereon shall be conforming lots and uses. The setback requirements for (28b) 637.78 (Cont.) these lots shall be as follows: Front: 15 feet Side: 5 feet Rear 5 feet (Ord. No. 2-78, Sec. 1, 21 Feb. 1978). 637.79 PEF.NIT The removal and/or installation of a robile home unit shall be done only after a permit for this purpose is issued by the Building Official. (Ord. No. 29-75, Sec. 1, 9 Near 1976). 637.81 C-1 LOW D ISITY--CMIERCIAL DISTRICT - The provisions of this district are intended to apply to an area adja- cent 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 co?rrrercial needs of the motorist. Lot sizes and other restrictions are intended to reduce conflict with adjacent residential uses and to rnini.:r_ize the interruption of traffic along thoroughfares. 637.83 PRINCIPAL USES AND STRUCTURES The following uses and structures are permitted for any use of 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: V.?) rev. i-3-i: 637.83 (cont.) A. 'Ret�a�isCores,--�a®Icp a a�i'sp1 oormm. B. Personal service establishments such as beauty and • barber shops, laundry and dry cleaning pickup stations, tailor shops, and 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 three hundred (300) square feet; 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; garages used_for vehicles and storage of personal effects only; (Ord. 21-78, 2-6-79) Commercial recreation such as driving ranges, bowling alleys, and similar uses; J. Plant nurseries and greenhouses, providing that all outside display of merchandise shall 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; 1, L. Multiple family dwellings, provided, however, that in no case shall there be more than fifteen (15) dwelling units per net residential acre; M. Mobile Home Parks in existence on October 28, 1975 provided the number of spaces shall not exceed those licensed or previously platted to said mobile home parks on that date, and provided further that said mobile home parks shall not exceed the limits of property also on that date under unity of title; (Ord.8-79, 7-3-79) 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. (30) 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 folio ing conditions are met: 1 All areas used for boarding or temporary housing of aminals 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. mi m, lot Widtn: 100 FT. 3. Mininn_rn Lot Depth: 100 FT. 4. MEDdiani Lot Coverage: 25% 5. Minimum Floor Area: 1,000 SQ. FT. 6, Maximum Height: 25 FT. 7. Minimum Building Setbacks: From any street: 40-FT. Interior Side: 25 FT. Rear: 15 FT. 8. Other Minimum Setbacks from any Property Line: Pump Islands: Canopy: Signs, Portable or Fixed: Storage Tanks: 25 FT. 20 FT.. 15 FT. 15 FT. An in addition, underground storage is required for all receptacles for combustible materials in excess of fifty-five (55) gallons. (31) 637.87 (Cont.) 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 stations 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; 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, mirror and the like; 03)• (d). Radiator cleaning, and flushing and repairs including removing of tanks or recoring of radiators.. Notwithstanding the provisions of this paragraph, re- quirements 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) . (g) • Greasing and lubrication; Providing and repairing, fuel pins and lines; (32) 637.87 (Cont.) Minor servicing and repair of carburetors. 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; Minor rotor adjustments not involving removal of the head of 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; (m). Provision of road maps and other informational material to customers, provision of restroom facilities; The rental of moving or travel trailers and trucks**; Notwithstanding the provisions of this paragraph, re- quirements as set forth in the Southern Building Code, including Section 505, shall be complied 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 station do not include bodywork, straightening of body parts, painting, welding_ (other than minor repairs), storage of automobiles not in operating condition, or other work involving noise, glare, fines, smoke or other characteristics to an extent gLeater than normally found in service stations. A service station is not a major repair garage nor a body shop. (n) • Onoel (32a) Rev. 7-3-79 637.87 (cont.) E. Places in which goods are produced and sold at retail upon the premises; F. Vocational and trade schools not involving operations of an industrial nature; G. Establishments dispensing alcoholic beverages; H. Single family and duplexes (Ord. 8-79, 7-3-79). (33) Rev. 7-3-79 637.89 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, - 1, ,storag`e warehousing land other activities of a similar ,_,. fi�_.;'- �;i� nature; S 2 g I , 3 1)' I `arc t ,„ ./(' D. All uses not specifically or provisionally permitted ; = (,1e� , herein; E. Any use which fails to meet "Perfoiuiance Standards" specifications as, provided in Chapters 639r13 to 639.41 inclusive; F. Theatres, Drive-in theatres, bookstores and photographic studios. 637.91 AREA AND DIMENSION REGULATIONS: C-1 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 Minimum'Lot Width: Multiple family dwellings, hotels, and motels: 100 Ft. Minimum Lot Depth: Maximum Lot Coverage: All other principal uses and structures; 50 Ft, Multiple family dwellings,hotels, motels and all other principal uses and structures; 100 Ft. Wipp7kmp3Airlings,.. 357 Hotels and Motels: 40% All other principal uses and structures: 50 34 (Rev. ) 637.91 (Cont.) Minimum living or Floor Area: Multiple family dwellings hotels and motels: One bedroom: 650 SQ. FT. per dwelling unit; Two bedroom: 750 SQ. FT. per dwelling unit, plus 200 SQ. FT. for each additional bedroom. Hotels and Motels: 300 Sq. Ft. per rental unit. Hotel and motel units containing provisions for cooking or light house- keeping shall have a minimum floor area not less than 400 square feet. All other principal uses and structures: 300 SQ. FT. Maximum Height: Multiple family dwellings, hotels and motels: 45 FT. All other principal uses and structures: 40 FT. MINIMUM SETBACK REQUIREMENTS: C-1 Front: Side Interior Lot: Side Cprn.ej tot: Multiple family dwellings, hotels and motels and all other principal uses and structures: ,25 FT.! Multiple family dwellings: 15 FT. Hotels, motels and all other principal uses and structures: 0 FT.; 25 FT. when abutting a 'residential zoned district. Multiple family dwellings, hotels and motels and all other principal uses and structures: 25_FT.\ (35) Rev. 7-3-79 637.91 (cont.) Rear: ! Multiple family dwellings; 15 Ft. Hotels, motels and all other principal uses and structures: 10 Ft..; 25 Ft. when abutting a residential zoned district. (0rd. 17-76, 9-21-76; 0rd. 21-78, 2-6-79) 637.92 SINGLE FAMILY AND TWO FAMILY DWELLINGS: C-1 Area and dimension regulations and minimum setback requirements shall be the same as provided in Section 638.12, C-2 Zoning District of this Ordinance. (Ord. 8-79, 7-3-79) 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: 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 coitaaercial 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 interruption 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 unit with certain site improvements shared in coiurnon, on a site. of three (3) acres or less: A. Rea 1 , so�res'sa; ryd�sp-l.a grooms ;4c- B. Personal service establishments such as beauty and barber shops, laundry and dry cleaning pickup stations, tailor shops, and similar uses; (36) . 638. 03 (Cont.) C. Professional offices, studios, clinics, laboratories, general offices, business'schools and similar uses; E. Hotels,rino_t.els - in-no_case shall there be more than thirty (500) _rental units Der net residential acre; nor shall a rental unit have —a --floor area less than 300 SQ. FT_-; Hotel andmotel==units containing --provisions for: cooking or light housekeeping_shal=l haae_a-minimum A floor area- not .1( s than 400 Ysquf feet. (Ord. 17-76, 21 Sep. 1976).. Eating and drinking establishments; F. Public and semi-public parks, playgrounds, clubs and lodges cultural facilities, hospitals, clinics, res- toriums, mortuaries, funeral homes, government offices, schools, churches and similar uses; G. Banks and financial institutions; H. 3 D. ota e Pear ingr OWSFRIPtgar firers 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 be contained in the required setbacks; 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. 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; (37) Rev. 7-3-79 638.03 (cont.) 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 (1/3) the enclosed area of the principal structure; 2. The outside display shall be treated with a hard material suitable for pedestrian traffic; 3. The outside display area shall be considered the same as the floor. area for the purpose of calculating off-street parking requirements, setback and lot coverage regulations. 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 one hundred fifty (150) feet apart of 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; 5. Ingress and egress points shall not be placed so as to endanger pedestrian traffic. S. Mobile Home Parks in existence on October 28, 1975 provided the number of spaces shall not exceed those licensed or previously platted to said mobile home parks on that date, and provided further that said mobile home parks shall not exceed the limits of property also on that date under unity of title. (Ord. 8-79, 7-3-79) 638.05 ACCESSORY USES AND STRUCTURES Customary accessory uses of one or more of the principal uses, clearly incidental and subordinate to the principal use, in keeping with the intense couumercial character of the district are peLmitted. (38) c ,t' 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 ccletely 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 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. Ff. 2. Minimn Lot Width: 100 FT. 3. Minimum Lot Depth: 100 r'1. 4. Maximum Lot Coverage: 25% 5. Minimum Floor Area: 1,000 SQ. FT. 6. Maximum Height: 25 FT. 7. Minimum Building Setbacks: From any street: . 40 FT. Interior side: 25 FT. Rear: 15 FT. 8. Other Minimum Setback from any Property Line: Ramp Islands: Canopy: 25 k1. 20 FT. (39) 638.07 (Cont.) Signs, portable or fixed: 15 FT. Storage Tanks: 15 FT. And in addition, underground storage is required for all receptacles for combustible materials in excess of fifty-five (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 con- structed according to City specifications. 10. No service station shall be erected or located within one hundred 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, windshield wipers and wiper blades, grease retainers, wheel bearings, mirrors, and the like; (d). Radiator cleaning and flushing, repairs including removing of tanks or recoring of radiators, not- withstanding 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. (40) '` 638.07 (Cont.) (e) . Washing and polishing, and sale of automotive washing and polishing materials; (f). Greasing and lubrication; (g). Providing and repairing fuel pumps and lines; (h). Minor servicing and repair of carburtors; (i). Wiring repairs, notwithstanding the provisions of this paragraph, requrrements 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. 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 goodsfor service station customers, .__, as accessory and incidental to principal operation; Provision of road maps and other informational material to customers, provision 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 Buildign Code, including Section 505, shall be complied with as well as the Occupational Safety and Health Act. • (o). Major mechanical repairs performed only within the confines of the service station building; Uses permissible at a service station do not include body work, straightening of body parts, painting, welding (other than minor repairs), storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station not a major repair garage nor a body shop. (j)• (k) • (m) . (p). (40a) 638.07 (Cont.) E. Places in which goods are produced and sold at retail upon the premises; F. Vocational and trade schools not involving operations of an industrial nature; G. Marinas H. Automotive repair establishmats, to include replacing, and/or rebuilding of engines, transmissions, radiators, brakes, and fluffier systems.,.: All work is to be performed within a building. Vehicles may not be parked outside the building for more than four (4) days, said four (4) days to be considered as an accumulated parking time, whether consecutive or accumulated. I. Single Family and Duplexes. (Ord. No. 10-77,Sec. 1, 21 Jun, 1977). 41(Rev. '638.09 PROHIBITED USES AND STRUCTURES A. Residential uses, except as specifically permitted; B. Manufacturing activities, transportationterminais_; stora=-"warehousiT and other. activities 6T-a g� -- g similar nature, - -c1Q.-.t _.�_ t4 .c±:(t. ,. a. A C. All uses not specifically or provisionally permitted herein; any use not in keeping with the intense commercial character of the district; D. Any use which fails to meet "Performance Standards" specification of Chapters 639.13 to 639.41 inclusive; E. Automotive repair establishments which provide body work; F. Drive-in theatres, theatres, book stores, and photo- graphic studios. (0rd. No. 10-77, 6-21-77; Ord. No. 21-78, 2-6-79) 638.11 AREA AND DIMENSION REGULATIONS C-2 Minimum Lot Area: 5,000 Sq. Ft. and in addition, the ratio of gross floor area to lot area shall not exceed 2.1:1.0 Minimum Lot Width: Minimum Lot Depth: 50 Ft. 100 Ft. Minimum Lot Coverage: 757o- Minimum Floor Area: 300 Sq. Ft. Maximum Height: 40 Ft. MINIMUM SETBACK REQUIREMENTS: C-2 Front: Side Interior Lot: 25 Ft e_ 1 -None: 25 Ft. when abutting a residential zoned district. Side Corner Lot: 25 Ft. Rear: 10 Ft. Minimum Living Area per Multiple Family Dwelling Unit: 650 Sq. Ft (Ord. No. 14-77, 10-4-77; 0rd. No. 21-78, 2-6-79) (41a) 638.12 SINGLE FANTTY AND TWO FANTTY AREA AND DPIENSION REGULATIONS Minimum Lot Area: 10,000 Square Feet Minimum Lot Width: 75 Ft. Minimum Lot Depth: 100 Ft. Maximum Lot Coverage: 30% Minimum Living Area: 1,100 Sq, Ft. Maximum Height: 25 Ft. MINIMUM SET BACK 'REQUIREMENTS Front: 25 Feet Side Interior Lot: 8 Feet or 10% of Lot, whichever is greater up to 20 Feet Side Corner Lot 25 Feet Rear: 25 Feet (0rd. No. 14-77, Sec. 1, 4 Oct. 1977). (42) (Rev.) 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 accordance with Chapter 639. 638.21 T-1: TOURIST DISTRICT The provisions of this district are intended to apply to an area which will be a major tourist attraction and destination. The type 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 of the area. 638.23 PRINCIPAL USES AND STRUCTURES ..A. Multiple family dwellings, motels and hotels, provided however, that in no case shall there be more than fifteen (15) dwelling units for multiplefamily or thirty (30) rental units for motels and hotels per net residential acre. B. Eating establishments provided, however, that in no case shall there be a seating capacity of less than fifty (50). (Ord._ No. 19-78 § 1, 5 Dec 1978). C. Office buildings, studios, clinics containing at least twenty -thousand (20,000) square feet of area. D. Commercial amusement enterprises such as bowling lanes, aquariums, and skating rinks; 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, (43) (Rev.) 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. Such accessory uses may include, but not necessarily limited to: antiquershops, art galleries, automobile rental, confectionary, ice cream ,or coffee shops, eating and drinking establishments, florists, 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 arenot required to meet the fifty (50) seat minimum capacity. (Ord. No. 19-78 § 1, 5 Dec 1978). 638.27 SPECIAL EXCEPTIONS PERMISSIBLE BY THE BOARD OF ADJUSTMENT A. Educational institutions. B. Hospitals, convalescent homes, nursing homes. C. Fishing piers, fishing tackle, bait and equipment stores. D. Tourist oriented sales and services such as but not necessarily limited to: antique shops, art gallery, auto- mobile rental, confectionary, ice cream or coffee shops, drug and sundryshops, delicatessen and food shops, florist, furrier, gift shop, jewelry store, laundromat, laundry and dry cleaning pickup stations, luggage store, millinery;=newp- stand;:gersonal services, shoe store, sporting good store, wearing apparel store, wig shop. _ Public utility uses and rights -of -way. Establishments dispensing alcoholic beverages. (44) 638.27 (Cont.) G. The Board of Adjustment may approve an outdoor commercial recreation and/or_ amusement -enterprise activity within the Tourist District (T-1) as a special exception provided the applicant has fully complied with the application procedures as outlined in Chapter 645.21, and furthermore, satisfies the following specific conditions: 1. A statement fully describing the intended recreation/ amusement activity, names of the principals (owner, manager, etc.) and the designer/architect/engineer, current zoning classification and any existing permits, variances; or other similar legal circumstances in effect on the site, a complete and full legal description, and a vicinity map showing relationship to all abutting streets and properties of separate ownership. 2 The intended activities shall not constitute a public nuisance to residents of the City nor shall they have a detrimental impact upon surrounding property of separate ownership. 3. No animals shall be confined within the activity area except where such facilities are of a zoological nature acceptable to and meet the rules/regulations of the Florida Fresh Water Fish and Game Commission. 4. Agricultural pursuits such as livestock grazing and crop cultivation shall not be permitted. However, agricultural products may be displayed during an activity involving a non -sale competitive showing of miscellaneous products, i.e. a fair. 5. Recreational or amusement activities shall not emit noise exceeding the permitted sound levels as outlined in Chapter 639.21. Types of noise shall be limited to sounds which are of a musical variety or have typical urban characteristics. 6. Hours of operation shall be provided. The Board of Adjustment reserves the right to limit hours of operations dependent upon the type of activities and the noise characteristics. the Planning and Zoning Board shall. recommend to the Board of Adjustment approval or disapproval of submitted hours of operations, the latter to be accorupanied by hours of operation which the Planning and Zoning Board considers acceptable and reasonable with respect to the proposed activities and their noise characteristics. 45)• 638.27 (Cont.) 7. A one hundred (100) foot buffer strip shall encircle the recreation/amusement activity and shall be suitably landscaped. This one hundred (100) foot depth requirement for the buffer strip may be reduced upon recommendation by the Planning and Zoning Board after the Planning and Zoning Boards conducts a thorough review of the intensity of the intended activities and the size of the activity area. Within the buffer strip, a plant and/or structural screen at least semi -opaque and at least eight (8) feet in height shall extend the length o-F the buffer strip except for street openings. Newly planted screen shall meet the heiglit and opaqueness requirements within twelve (12) months of planting: 8. Parking: Parking requirements shall be calculated based on the permitted capacity of the facility and the number of employees. At least one and one-half (12) parking spaces shall be provided for every three (3) employees. The number of parking spaces for the public spaces for the public shall be one fourth (1/4) of the applicant's estimated capacity of the activity area or the permitted capacity as determined or adjusted by the Planni n_g- and Zoning Board - upon recompendations by the Building Official, City Planner, Fire Chief, and Police Chief. 9. All structures shall be built in conformance with the Housing and Building Codes bf the City. A temporary structure such as a circus tent may be approved for a thirty (30) day period provided the Fire Chief inspects the tent and certifies that it meets the requirements of. the National Fire Prevention Code. 10. No activities will be permitted vbich, in the opinion of the Board of Adjustment, after recommendations or comments by the Building Official, Police Chief, Fire Chief, City Planner, indicates that a potential nuisance, danger, threat, or hazard exists to the general health, safety, nr rals or welfare of the public. 11 To permit a comprehensive review of these conditions and the requirements of Chapter 645.21, five (5) copies of a site plan of engineering quality shall be submitted containing a graphic depiction of all of the following: (46) 638.27 (Cont.) (a) Narne, address, and telephone number of owner, designer, architect and engineer, as applicable. (b) Proposed name or title of project; (c) North arrow; scale not less than one inch (1") equals fifty feet (50') ; and date prepared; (d) Legal description of the area for which the special exception is applied; (e) Location, dimensions, and legal descriptions of each reservation, easement, street, or any area to be dedicated to public use; (f) Sufficient data to determine readily and reproduce on the site the location, bearing and length of •every street, line, lot line, boundary line and Section Lines whether curved or straight, as applicable; Accurate location and description of all monuments and markers; A tabulation of certain data shall be provided: - gross acreage - percent of area covered by structures - percent of area covered by impervious surface - number of proposed parking spaces; Location and dimension of all existing and proposed paved traffic circulation facilities, sidewalks, bikeways,. and curbs and gutters; Location and dimension of all existing and proposed parking areas and loading areas; Location and dimensions of all existing and proposed fire hydrants, meters, water and sewer lines, and subsurface power and telephone. lines; Location, size and design of landscaped areas, including existing trees; Location and size of any natural water -bodies within or adjacent to the site area; (47) 638.27 (Cont.) (n) All structures and major features fully dimensioned including setbacks and distance between structures; (o) Location and dimension of all trash/solid waste disposal sites for placement of protable receptacles; (p) Engineering in plans to include: 1. Drainage Plan: The drainage Plan shall indicate: - one foot (1') interval contours based upon coast and geodetic datum. Proposed finished elevation of each building site and first floor level. - All existing and proposed drainage control and tratement facilities, including the method(s) for non - point pollution source treatment, with sizes, grades, and other appropriate structural or non-structural specifications. - Proposed orderly disposal of surface water runoff. - Centerline elevations alone adjacent streets. 2. If deemed necessary by the City, subsurface conditions within the site area, including the location and results of tests made to ascertain the conditions of subsurface soil rock, and groundwater, and the existing depth of groundwater. 3. Typical cross-section of proposed grading, streets and sidewalks, swales, retention ponds/lakes, canals, and waterways. 4. Proposed type of pavement in accordance with specifications outlined in Cape Canaveral subdivision regulations. 5. Layout of water distribution, sanitary sewer and storm drainage systems and sidewalks, streets, bulkheads, street name signs, and adequate lighting. (48) 638.29 PROHIBITED USES AND STRUCTURES A. Residential uses except as B. All uses not specifically any use not in keeping jai district. c. specifically permitted herein. or provisionally permitted herein; th the tourist character of the - Drive-in theatres, theatres, book stores, 638.31 • AREA AND DIMENSION REGULATIONS: T-1 Minimum Lot Area: Minimum Lot Width: Minimum Lot Depth: Maximum Lot Coverage: Maximum Height: Minimum Living or Floor Area: Multiple Family: Efficiency: One Bedroom: Two Bedroom: Motels, Hotels: Other than above: rz 6,000 SQ. FT. 50 FT. 120 FT. 40;, 60 FT. and photographic studios. 450 SQ. FT. 850 SQ. FT. 1,050 SQ. FT., plus 200 SQ. FT. for each additional bedroom Floor area shall be 300 SQ. FT. per rental unit. 600 SQ. FT. SETBACK REQUIR21ENi'TS: ' T-1 Front: Side Interior Lot: Side Corner Lot: Rear: 25 FT. plus of building over 40 FT.. 15 FT. plus of building over 40 FT. 2 FT. for height or 2 FT. for height or Same as front. 20 FT. plus 2 FT. for of building, height or over 40 FT. each 10 FT. increment thereof • each 10 FT. increment thereof each 10 FT. increment thereof (49) 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. 638.41 =14-1: LICHT INDUSTRIAL AND -RESEARCH AND DEVELOPMENT DISTRICT The provisions of this district are intended to apply to an area located in close proximity to transportation facilities and which can serve light manufacturing, research and development, distribution and other industrial functions. Restrictions herein are intended to minimize adverse influences of the industrial activities. All uses permitted in this zone shall be contained in an enclosed structure. 638.43 PRINCIPAL USES AND STRUCTURES The following uses and structures are permitted provided any use or group of uses that are developed, either separately, or if developed as a unit with certain site improvements shared in common, are developed on a site of five (5) acres or less: A. General offices, studios, clinics, laboratories, data processing and similar uses. B Engineering, laboratory, scientific and research instrumentation and associated uses. 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; (50) 638.43 (Cont.) 6. Photographic equipment and supplies; 7. Jewelry, silverware, plated ware; 8. Miisical 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. D. Eating Establishment E. Recycling activities for the collection of non -hazardous materials, provided that all storage of such materials shall be in approved structures, containers or trailers. F. For the purposes of this section, the following terms and definitions shall be applicable: 1. Containers - means any cans, barrels, drums or tanks (except stationary tanks) which would be used for the outside storage of non -hazardous materials. 2. Non -hazardous material- scans any material which does not increase nor cause an increase of the hazard of menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged; in preventing, suppressing or extinguishing fire, 3. Approved structure - means that which is built or constructed: or an edifice or building of any kind in rich collected non- hazardous material may be stored. 4. Trailer - means a portable structure having no foundation other than wheels, jacks or blocks that will not be a hazard to adjacent buildings and also fully enclosed, operable and licensed. (Ord. No. 3-78, Sec. 1, 4, Apr 1978) . (50a) 638.45 ACCESSORY USES AND STRUCTURES A. Retail sales of products manufactured,processed or stored upon the premises. B. Custamary accessory uses of one or mare of the principal uses, clearly incidental and subordinate to the principal use in keeping with the light industrial and research and development character of the district. 638.47 SPECIAL EXCEPTIONS P.L*ESSIBLE BY BOARD 0= ADJUST !' A. Public Utility uses and rights -of -way . B. Radio and television'studios, broadcasting toc.,ers and antennas. C. Establishments dispensing alcoholic beverages. D. After public notice and hearing, the Board of Adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards as set forth in this zoning district. h Minimum Lot Area: Minimum Lot Width:. Minimum Lot Depth: Maxinnun Lot Coverage: Minimum Floor Area: Maximum Height: 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 building materials. D. Churches, private clubs and lodges. E. Retail and other commercial establishTents 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 stanrards established in Chapter 639 (Performance Standards of this ordinance. 638.51 AREA AND DIMENSION REGULATIONS:21 10,000 SQ. FT. 75 FT. 100 FT. 50% 300.SQ. FT. 40 FT. MINIMUM SETBACK REQUIREMENTS M-1 Front: 225 FT Side Interior Lot: 15 FT. except where industrial property abuts a residential district in which case the minimum side interior lot shall be 25 FT. Side Corner Lot: 25-Pt. Rear: --15—FT, except vhere industrial property abuts a residential district in which case the minimum rear yard requirement shall be 25 FT. (52) 638.53 LANDSCAPING AND SCREENING Defined in Chapter 639 (Supplementary District Regulations) of this ordinance. 638.55 P O' •• RMANCE 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 14-2: - LIGHT INDUSTRIA[., AND WAREHOUSING DISTRICT The provisions of this district are intended to apply to an area located in close proximity to transportation facilities and which can serve light manufacturing, warehousing,, distribution, wholesaling and other industrial functions. Restrictions herein are intended to minimize adverse influences of the industrial activities. 638.63 PRINCIPAL USES PM STRUCTURES The following uses and structures arepermitted provided any use or group of uses that are developed, either separately, or if developed as a unit with certain site improvements shared in common, are developed on a site of five (5) acres or less: A. General offices, studios, clinics, laboratories • .data processing and similar uses. B. Engineering, laboratory, scientific and research instrumentation and associated uses. 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; (53) 638.63 (Cont.) 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: phonogLaph and electronic instruments 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 wito1esaiing 1 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 machinery, bottling plants, dairy products, plants, bakeries, fruit packing and similar uses. H. Building materials supply and 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 docking 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. L. • Public and semi-public uses, including those of an industrial nature such as treatment plants, equipment storage and garage (53a 638.63 (Cont.) M. Recycling activities for the collection of non -hazardous materials, provided that all storage of such materials shall be in approved structures, container or trailers. N. For the purposes of this section, the following terms and definitions shall be applicable: 1. Containers - means any cans, barrels, drums or tanks (except stationary tanks) which would be used for the outside storage of non -hazardous materials. 2. Non -hazardous material - means any material Bch does not increase nor cause an increase of the hazard or -menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire. 3. Approved structure — means that which is built or constructed or an edifice or building of any kind in 'which collected non- hazardous material may be stored. 4. Trailer - means a portable structure having no foundation other than wheels, jacks -or- blocks that will- not be a hazard to adjacent buildings and also fully enclosed, operable and licensed: (Ord. No. 3-78, Sec. 1, 4 Air 1978). (54) 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 owner 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 PEPMISSIBT F BY BOARD OF ADJUSTMENT A. Public utility uses and rights -of -way. B. Radio and television studios, broadcasting towers and antennas. C. Service stations, subject to the provisions designated in C-1. D. Veterinary hospitals and clinics, subject to the provisions designated in C-1. E. Establislu►ents dispensing alcoholic beverages. F. After public notice and hearing, the Board of Adjustment may permit special exceptions which are co:ipatible to permitted uses and which are able to meet the minimum requirements and performance standards as set for in this zoning district. 638.69 PROHIBITED USES AID Si'RUCTURES A. Residential uses, except as provided under accessory uses. B. Motels, hotels, boarding and lodging houses. C. Automobile wrecking yards, junk yards, scrap and salvage yards. D. Churches, private clubs and lodges, public schools. E. Retail and other commercial establishments except as specifically or provisionally permitted herein. F. Above ground storage of liquified petroleum products. G. All uses not specifically or provisionally permitted herein; any use not in keeping with the industrial character of the district. 638.67 (Cont.) H. Any use deemed objectionable by the standards established in Chapter 639 (Performance Standards) of this ordinance. 633.71 AREA A -ND DIMENSION REGULATIONS: :_-2 Minimum Lot Area: Minimum Lot Width: Minimum Lot Depth: Maximum Lot Coverage': Minimum Floor Area: Maximum Height: MINIMUM SETBACK Front: Side Interior Lot: Side Corner Lot: Rear: 10,000 SQ. FT. and in ration of gross floor area shall not exceed 75 FT. 100 FT. 75% 900 SQ. FT. 40 FT. �. REQUIREMENTS T-2 35. FT. addition the area to lot 2.0:1.0. 0 FT., except where a district (other_. than residential) requiring _._. such setback, such use will pro- vide the same setback. as required for the abutting district; where an industrial use borders a resi- dential district, the setback shall be 35 FT. i 35 FT./ 15 FT.; 10 FT. when abutting an alley; 35 FT. when abutting_ a . residential district. (Ord. -No. 8-78, Sec.. 1, 6 Jun 1978). 638.73 LANDSCAPING AND SCREENING Defined in Chapter 639 (Supplementary Regulations) of this ordinance. 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. (56) 638.81 M-3: .AL INDUSTRIAL DISTRICT, The provisions of this district are intended to apply to an area located in close proximity to transportation facilities and which can serve general manufacturing, storage;; distribution and other general industrial functions. Restrictions herein are intended to minimize adverse influences of the industrial functions. Restrictions herein are intended to minimize adverse influences of the industrial activities. 638.83 PRINCIPAL USES AND STRUCTURES The following uses acid structures are permitted 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, laboratories, data processing and similar uses. B. Engineering, laboratory, scientific and research instrumentation and associated uses. 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. Phototgraphic 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. (57) 638.83 (Cont.) D. Eating establishments. E. Warehousing and wholesaling including refrigerated storage; outside storage areas shall be walled on all sides. F. Service and repair establish tints, 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 materials supply and storage; contractor's storage yard except scrap materials. Outside storage areas shall be effectively walled on all sides by a wall of ornamental block, brick, solid wood fencing or combination thereof and shall be so constructed to restrict any view there through. I. 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. J. Freight handling facilities; transportation terminals, K. Vocational and trade schools, including those of an industrial nature. L. Public and sari -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 processing, such as heavy equipment plants, aircraft manufacture, food processing and canneries, iron foundries and steel fabrication, block and concrete plants, furniture factories, toy factories and similar uses. 0. Recycling activities for the collection of non -hazardous materials, provided that all storage of such material shall be in approved structures, containers or trailers. P. For the purposes of this section, the following terms and definitions shall be applicable. (Ord. No. 3-78, Sec. 1, 4 Apr 1978). (57a) 638.83 (Cont.)-. 1. Containers - means any cans, barrels, drums or tanks (except stationary tanks) which would be used for the outside storage of non -hazardous materials. 2. Non -hazardous material - means any material which does not cause an increase of the hazard or r._enace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire. 3. Approved Structure - means that which is built or con- structed or an edifice or building of any kind in which collected non -hazardous material may be stored. is 4. Trailer - means a -portable structure having no foundation other than wheels, jacks or blocks that will not be a hazard to adjacent buildings and also fully enclosed, operable and licensed. (or . No. 3-78, Sec, 1, 4 Apr 1978). (58) 638.85 ACCESSORY USES MD 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. 638.87 SPECIAL EXCEPTIONS PhF'.AISSIBLE BY BOARD OF ADJUST ENT u., A. Public utility uses and rights -of -way. B. Radio and television studios, broadcasting towers and antennas. C. Service stations, subject to the provisions designated in C-1. D. Veterinary hospitals and clinics, subject to the provisions designated in C-1. E. Establish tents dispensing alcoholic beverages. F. After public notice and hearing, the Board of Adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards as set forth in this zoning district. 638.89 PROHIB DID USES AND STRUCTURES A. Residential uses, except as provided under accessory uses. B. Motels, hotels, boarding and lodging houses. C. Automobile wrecking yards, junk yards, scrap and salvage yards. 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 deem objectionable by the standards established in Chapter 639 (Performance Standards) of this ordinance. (5.9) 638.91 AREA AND DIMENSION REGULATIONS: M-3 Minimum Lot Area: 30,000 SQ. Ft. (Ord. No. 8-78, § 1, 6 Jun 1978). Minimum Lot Width: 100 FT. Minimum Lot Depth: 200 FT. Maximum Lot Coverage: 75% Minimum Floor Area: 1,500 SQ. FT. Maximimum Height: 40 FT. MINIMUM SETBACK REQUIREMENTS M-3 Front: Side Interior Lot: Side Corner Lot: Rear: 50 FT. 0 FT. except where a district (other than resi- dential) requiring such setback, such use will provide the same setback as required for the abutting district; where an industrial use borders a residential district the setback shall be 50 feet. . 15 Ft., 10FT..when abutting an alley, 50 FT. 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. 638.97 PARKING AND LOADING Defined in Chapter 639 (Parking and Loading Regulations) of this ordinance. (60) 639.01. OFSTREET PARKING REGULATIONS A. Definition of Off -Street Parking Space: For the purposes of this ordinance, the term 'off-street parking space" shall consist of a min.irnun paved area of two hundred (200) SQ. FT. with minimum dimensions of 10 FT. by 20 FT. for parking an automobile, exclusive of access drives or aisles thereto. B. Requirui,ents for Off -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: 1. Auditorium, Theatres or Other places of Assembly: One space for each three (3) seats, or seating place, or one space for every one hundred (100) SQ. FT. of floor area of the main assembly hall, whichever is greater. 2. Business or Commercial Building: One space of each three hundred (300j SQ. FT. of gross floor area or fraction thereof. 3. Churches, Temples or Places of Worship: One -space for each four (4) seats or seating places, or one space for each one hundred twenty-five (125) SQ. FT. of floor area of the main assembly hall, whichever is greater. 4. Clubs or Lodges: One space for each three (3) seats or seating places, or one space for each one hundred (100) SQ. FT. of floor area of the main assembly hall, whichever is greater. 5. Hospitals: To spaces for each patient bed. 6. Libraries, Museums: Off-street parking spaces equal in area to 507 of the floor area open to the public. 7. Manufacturing and Industrial Uses: One space for each .6E1-51oyee on the largest working shift, S. Medical or Dental Clinics: or treatment room plus one 9. Mortuaries: One (1) space places, exclusive of areas Three (3) spaces for each examination (1) space for each employee. for each five (5) seats or seating needed for ambulances. (61) 639.01 (Cont.) 10. Nursing or Convalescent Homes and Sanitariums: One (1) space for each ?our (4) patientTbecls . 11. Office and Professional Buildings (cxcluding Medical ancl5enta1 CTinics) : One space -or each three hundi ed (300) SW-FT-61 gross floor area. 12. Public Buildings: One (1) space for each five (5) seats or seating places, or one space for every one hundred fifty (150) SQ. FT. of floor area in the main asseibly room, whichever is greater. 13. Residential Uses (including Single, ft o and Mri1 tiple Family D ellings , and Ik bile Homes) : Two spaces for each living unit. 14. Restaurants or Other Eating Places: One (1) space for each three X3) seats or seating places. 15. Rooming„ Boarding Houses: One (1) space for each bed. 16. Schools: (a). Colleges, technical and vocational schools: one (i) space for each student. (b) . High School: One (1) space for reach two (2) students. (c). Junior High, Elementary, Kindergarten, Nurser One (1) space per classroom, plus one .space for each administrative office. 17. Transient Lodging Facilities: One space for each sleeping unlit, plus one space for twelve 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 determing the requirement. C. Location of Off -Street Parking Spaces: 1. Parking spaces for all residential uses shall be located on the same property as the main building to be served where feasible, unless otherwise stipulated elsewhere in this Ordinance, except that one-half (1/2) the total number of required spaces for multiple -family dwellings, townhouses, and mobile hones may be located in a common parking facility not wore than two hundred (200) feet distant from the nearest boundary of the site. (62) 639.01 (Cont.) 2. Parking spaces for other uses shall be provided on the same lot or not more than five hundred (500) FT. distant. 3. Parking requirements for two (2) or more uses of the same or different types, niay be satisfied by the allocation of the required number of spaces for each use in a common parking facility, but in no event shall an individual parking space be allocated for more than one use. 4. Required off-street parking areas for five (5) 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 narked unparked without rroving another, allowing however, a driveway or driveways of not more than twenty-four (24) FT. 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 ten thousand (10,000) SQ. FT. or more, shall have at least one (1) permanently maintained off-street loading space for each ten thousand (10,000) SQ. FT. or fraction thereof of gross floor area. 2. Single -occupancy retail operations, wholesale and industrial operations with a gross floor area or less than ten thousand (10,000) SQ. FT. 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. B. Location and Dimensions of Off -Street Loading Space: Loading Space: Each space shall have direct access to an alley or street and shall have the follow -ping nwnimwi dimensions: nth : 45 FT. tJiclth: 12 FT. Height: 14 FT. (63) 639.05 11 i11 OCCUPATIONS 639.07 PERMI1`1"11D Ha U OCCUPATIONS Customary hone occupations which are incidental 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 Ironing, Carpentry, TV or Radio Repair, Watch Repair, Law, Manufacturer's Agent, Architecture, Medicine or Dentistry, Engineering, Real Estate, Insurance, Accounting, Notary Public, Teaching Clergy, Writing, Painting, Music, Photography. Any home occupation which is determined by the Building Official, by its nature and requirements, to be similar to one of those above listed, shall be permitted as a home occupation, provided such home occupation complies with all home occupation provisions of this ordinance. 639.09 HONE OCCUPATION REQUIREMENTS A. Horne occupations are permitted within the confines of any dwelling unit, provided all restrictions of 639.09 are compli.d with. 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 appearance shall be permitted. D. No home occupation shall occupy an area greater than twenty-five (25) percent fo the first floor area of the dwelling unit, exclusive of the area of any open porch or attached garage or similar space not suited or intended for occupancy as living quarters. No rooms which have been constructed as an addition to the residence, nor any attached garage or porch which has been converted into living quarters, shall be considered as floor area until two (2) years after the date of completion thereof. E. No additional and separate entrance incongruent with the residential structural design shall be constructed for the purpose of conducting the home occupation. (64) 639.09 (Cont.) 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. For single family, duplex or tarzhouse structures, no display of goods or external evidence of the l-Lone occupation shall be permitted other than one (1) non -illuminated nacre plate, not exceeding tx.o (2) SQ. FT. in area, which may be displayed affixed flat against the exterior surface at a position not more than two (2) FT .distant from the main entrance of the dwelling unit concerned. For structures housing multi -family or mixed uses, no external evidence of the home occupation shall be permitted. H. No person other than members of the family residing on the premises shall be engaged in such occupation. T. No provision for off-street parking or loading facilities, other than the requirements of the dwelling district in which the use is located, shall be permitted. Occupations which generate greater volumes of traffic -than would noLLlUllly -be. expected in a residential neighborhood are prohibited. . J. No stock in trade or ca!modities, other than those prepared, produced or created on the premises by the operator of the hoile 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, or odors, 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, or causes fluctuation in line voltage outside the dwelling unit. No home occupation shall interfere with the reasonable enjoyment of adjoining or nearby dwelling units or properties. (65) E39.11 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 regulations: A. Hours of sale shall be restricted to daylight hours. B. The sale may continue for two (2) periods of not less than three consecutive'c1ays.each. The two (2) periods of sale shall be separated by a minimum of four non -sale days and the total sale days be completed within fifteen (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 permitted one hundred eighty (180) days after the close of the preceeding such sale. E. A sign specifying -agarage 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. 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 reconstructed, the performance standards involved shall apply with respect to such extended, enlarged, or reconstructed protion or portions of such use, building, or other structure. (66) 639.17 ADMINISTRATION AND ITmY)RCI7-TENT OF PERMRMANCE STANDARDS Upon complaint to the Building Official that an apparent violation in meeting the Performance 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 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 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: "A" Scale Limits District Day Night Residential 65 60 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 higher than ninety (90) decibels measured from a distance distance of fifty (50) FT front the place of the action, or if the source of the sound is on private property, measured from the nearest property line. (67) 639.21 (Cont.) 3. Any noise of an impulsive: or intermittent character, such as hammering, stdluping or forging operations, or gunfire, which produces sound pressure levels in excess of the following "A" Scale Limits, fast meter response, measured in decibels at a distance of fifty (50) FT., or at the nearest property line, whichever is closer: "A" Scale Limits District Day Night Residential 70 60 Business 80 70 Industrial 85 75 The michrophone used to measure the loudness of a noise shall be placed at any point on the property line or a point fifty (50). FT. distant from the noise being measured, no closer than five (5) FT. from the wall, not less than four (4) FT. above the ground and at right angles to the noise source. Sound pressure levels shall be measured with a sound level meter having an "A" weighted measuring scale manufactured according to the American National Standards Institute ANSI Standard S 1.4-1971, which has been calibrated in accordance with ANSI Standards 4. See City of Cape Canaveral Noise Ordinance 639.23 SMOKE AND PARTICULATE MA'il'LR STANDARDS A. Requirements: The al unt of particulate matter resulting from smoke or other sources permitted in ambient air shall not exceed two hundred (200) milligrams per cubic per cubic meter during any twenty-four (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 approximately thirty (30) to fifty (50) cubic feet of air per minute through a pre-weifhted 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 from any source whatever, to a density greater than described as Number 1 on the Ringlesmann Smoke Chart, provided however, that smoke equal to but not in excess of that shade of appearance described as Ntmiber 2 on the Ringlcniann Chart may be emitted for a period totaling four (4) minutes in any thirty (30) minutes. (68) 639.23 (Cont.) For the purpose of grading the density of woke, the Ringl.emnnn Chart, as published and used by the United States Bureau of Mines, and which is hereby made, by reference a part of these regulations, shall be the standard. All measurements shall be at the point of emission for this period of measurement. 639.25 ODOR STANDARDS A. Requirements: All uses shall be controlled to prevent the emission of —odorous gases or other matter in such quantities' as to be objectionable or offensive at the specified points of measurement. B. Method of Measurement: A noxious concentration shall be deemed to be the point at which the threshold of smell can be achieved. C. Locational Requirement: Noxious odors shall be measured as specified at any point twenty-five (25) .r'1'. in radius from the point of origin. . 63.927 _ TOXIC- CASES, FUMES, VAPORS AND MATTE 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 discharge into th 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 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. (69) 639.29 (Cont.) D. Permitted Vibration Transmissions: Frequency Maxiurn Permitted Displacement (Cycles per Second) 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 the boundaries of the site, 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 element or structural material above the final grade established along the nearest site boundary, and (b) distance of the lighting element or structural material from the nearest boundary. As set forth in the following table, elements or -materials belo.; the minimum elevation required of each distance shall be shielded or otherwise screened to prevent transmission of light or glare beyond the site: Distance from Required Minimum Elvation Site Boundary (for Lighting Sources or Elements) 50 Feet 60 Feet 70 Feet 80 Feet 90 Feet 100 Feet 639.33 F:T F M.ROMAGN TIC RADIATION 20 Feet 19 Feet 18 Feet 17 Feet 16 Feet 15 Feet A. Requirements: All uses shall be controlled to prevent any source of electromagnetic radiation which does not comply with the current regulations of the Federal Cainunications Commission regarding such sources of electromagnetic radiation. (70) 639.35 HEAT AND HUMIDITY Any use producing humidity in the form of stem 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. 639.37 FIRE AND EXPLOSION Each use shall be so operated as to minimize the danger -from fire and explosion and to-conply 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 SUPPLEMENTARY DISTRICT REGULATIONS _ 639.45 BUILDING SETBACK LINES A. .A11 properties within the -city -limits of Cape Canaveral which abut the,follawing 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 North line of Section 23, 24, 37, will be fifty (50) feet from highway right-of-way, and setbac on east side from south line of Sec. 14, Township 24, Range 37 to northern city boundary shall be seventy-five (75) feet from the highway right-of-way. b. Setback on west side of AlA from southern city boundary to northern city boundary shall be seventy-five. (75) feet from the highway right-of-way. North Atlantic Avenue (that portion of. North Atlantic Avenue- also known as Palm Avenue.) - - Setback, each side, from its intersection with rkmroe Avenue to the Northern City Boundary shall_ -be fifty (50) feet from the right-of-way. (71) 639.45 (Cant . ) 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. C. In determining the setback requirements for any building proposed to be erected, the setback requirements herein above shall be construed as'a minimum setback, and if a greater setback is required under any of the zoning districts, then such greater setback requirements shall be enforced. 639.47 ERECTION OF MORE THAN ONE PRINCIPAL S1RUCTURE ON A LOT In any dirstrict, except R-1 or NH-1, more than one structure housing a permitted or permissible principal use may be erected on a single lot, provided that setback and other requirements of this ordinance shall be met for each structure. In an R-1 or MH-1 zoning. district only one principal structure per lot shall be permitted. 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.. 639.49 SETBACK ENCROACI-DENTS Every part of every required setback shall be open and unobstructed from the ground to the sky except as hereinafter provided or as otherwise permitted in this ordinance: A. Sills or belt courses may project not over eighteen (18) inches into a required setback. B. Movable awnings may project not over three (3) feet into a required setback. C. Chimneys, fireplaces or pilasters may project not over two (2) feet into a required setback. (72) 639.49 (Cont.) J. Fire escapes, stairways, and balconies which are unroofed and u-nen- closed may project not over five (5) feet into a required rear set- back or not over three (3) feet into _a side setback and shall not project into a required front setback of a multiple dwelling, hotel or motel. E. Hoods, canopies, or marquees may project not over three (3) feet into a required setback. F. Fences, walls and hedges shall be permitted in required setback subject to the provisions established herein. G. Accessory parking may be located in a required front, rear or side setback for single family dwellings and a two family dwelling. H. In the COLLu!ercial and Industrial zoning districts, required off-street parking space may be located in the front setback except that no parking shall be permitted within ten (10) feet of the front lot line. J. Other than listed above in G and H, no required landscape buffer shall be used for any parking space or backout area. Open, enclosed porches, platforms, or paved terraces not covered by a roof or a canopy, and which do not extend above the level of the first floor of the building, may extend or project into the required setback area. 639.51 ACCESSORY STRUCTURES No accessory structure shall be erected in any front yard and shall not cover more than 30%of any required rear setback. No separate accessory structures shall be erected within ten (10) feet of any building on the sane lot nor within five (5) 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 maximu-n height of ten (10) feet if detached; or thirty-two (32) square feet with maxims height of ten (10) feet if attached in rear setback. In new construction an accessory building may not be constructed prior to the construction of the main building. No accessory building shall be used for any horse occupation or business nor for permanent living quarters - it shall contain no kitchen or cooking facilities. It may be used for housing temporary guests of the occupants of the main building. It is not to be rented or otherwise used as a separate dwelling. (Ord. No. 17-76, Sec. 1, 21 Sep. 1976). Storage (Utility) sheds of a temporary nature, without a permanent founda- tion, not over 100 square feet in size, nor more than seven (7) feet high, are exempt from this paragraph, provided they are in the rear yard only. (Ord. No. 10-77, Sec. 1, 21 Jun 1977). (73) 639.53 VISIBILITY AT IN1.LRSECTIO`S On a corner lot in any district, nothing shall be erected, placed planted or allowed to grow 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 side by a straight line drawn between two points on the street right-of-way line located tw my -five (25) feet from the point of the intersection of the street right-of-way lines. 639.55 FENCES, WALLS AND HEDGES Notwithstanding other provisions of this ordinance, except as specified in Chapter 639.53, fences, walls and hedges may be permitted in any yard, provided that in any residential district, no fence, wall or hedge in any side or back yard, shall be over 6 feet in height, nor over 4 feet in height in any yard abutting any street. (Ord. No. 17-76, Sec. 1, 21 Sep 1976). 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, elevator equipment, air conditioning or other necessary equipment room usually required to be placed above the roof level, and not intended for human occupancy. 639.59 STRUC1'JRES TO HAVE ACCESS Every building shall be on a lot fronting on a public street or on an approved private street or with legal access to a public 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. See 645.03,C. 639.61 LOCATION OF RECREATIOiNAL AND CAMPING EQUIP URE FOR LIVING 0R OCCUPANCY PURPOSES A. No person shall occupy or reside in any travel trailer, caliper trailer, camper (truck mounted), motor travel home or tent in any location within the City other than a duly licensed and approved trailer park, except as hereinafter provided. B. Any person desiring to locate their travel trailer, ccuuper (truck mounted), motor travel holm 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 for a temporary period (not to exceed fifteen (15) days) and shall expire at the time designated in the permit. The building official shall ascertain that permission of the land owner has been given for the location of such equipment thereon prior to issuance of said temporary permit. (74) 639.61 (Cant . ) C. Nothing contained herein shall be deemed to prevent, or prohibit, or make unlawful the parking of any of the aforementioned recreational .or camping equipment in the yard of any resident within the City, when such equipment is owned by the owner or tenant of such residence and not used for human habitation or carrying on a business. 639.62 LIVING ABOARD BOATS Any boat moored or parked within one hundred (100) feet of the shoreline within the City limits of Cape Canaveral shall not -be used as a residence for a period exceeding fifteen (15) days unless certification is given to the Building Official that any discharge from said boat meet applicable Federal regulations. 639.63 PARKING AND STORAGF OF CERTAIN VEHICLES A. Automotive vehicles or trailers of any kind or type without current license plates shall not be parked or stored on any residentially zoned property, other than in completely enclosed. buildings.. Any. automotive vehicle not in running condition shall not be parked or stored on any residentially zoned property` for a period exceeding seventy-two (72) hours, other then in completely enclosed buildings. Automotive vehicles or trailers of any kind shall not be stored of parked on any vacant lot unless the following conditions are met: B. 1. 2. 3. Consent of the lot owner. Current license plates displayed on vehicle or trailer. Vehicle or trailer shall be in operable condition. Construction trailers located on a construction site may be used as an office and/or a work trailer. Use of these trailers as living quarters is expressly prohibited. In each case, and for every trailer, temporary permits shall be required. the temporary permits shall be limited to ninety (90) days with ninety (90) day extensions permitted subject to the need thereof as determined by the Building Official. No temporary trailer permits shall be issued prior to issuance of construction permit/s. (75) 639.65 MINIMUM WIDTH OF COURTS The minimum width of a court shall be thirty (30) feet for one-story buildings, forty (40) feet for two-story buildings, and sixty (60) feet for four-story buildings. For every five (5) feet of height over forty (40) feet, the width of such a court shall be increased by two (2) feet, provided that open unenclosed porches may project into a required court not more than twenty-five (25) percent of the width of such court. Nominal insets in the building facade of six (6) feet or less shall be exempt fruit the minimum width requirement. 639.67 LATER 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 intersect a projected line from other district boundaries. 639.69 LANDSCAPING AND SCREENING- FOR COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Eherever the boundary of a conli:ercial or industrial zoning district abuts upon a residentialzoning district, a visual screen shall be provided within the required setbacks of such ca:iuercial or industrial zoning district, meeting the following specifications: A. Such visual screen shall be provided along the entire length of the commercial or industrial zoning boundary which abuts upon any residential zoning district. B. Such visual screen shall consist of decorative or ornamental fencing and/or decorative or ornamental trees and shrubs, designed and placed in a manner rendering such visual screen at least eighty (807,) opaque, within a period of t'.'o (2) years after such screen is provided, and shall be not less than four (4) feet in height nor more than six (6) feet in height. C Landscaping area for parking areas of more than ten (10) spaces shall comprise at least 10% of the total parking area, and shall consist of islands of grass, hardy shrubs or evergreen ground cover. D. All areas not paved shall be landscaped with grass, hardy shrubs or evergreen ground cover. E. Location of screening and landscaping and subsequent maintenance shall be subject to the approval of the Building Official. (76) 639.71 SEWAGE DISPOSAL No building permit shall be issued unless provisions are included to connect into the City sewage collection system, except for single family residences which shall otherwise comply with the City's sewer ordinances and regulations. (Ord. No. 17-76, Sec. 1, 21 Sep 1976). 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 are not located closer than five (5) feet to a rear lot line, or ten (10) feet to an interior side lot line. A walk space at least eighteen (18) inches wide shall be provided between pool walks and fences or screen enclosure walks. Every swimmingpool shall be protected by an approved safety barrier and comply with the Swimming Pool Code of the Sou- thern Building Code Congress. 639.75 VEHICULAR USE AREAS All commercial and industrial areas used for the display or parking of any and all types of vehicles, boats or heavy construction equip- ment, 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. 639.77 ATOMIC ENERGY USES All atomic energy uses shall meet the standards established by and have the approvalof 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.re- ceiving written recommendations from the City Engineer and the Planning and Zoning Board. 639.79 BUILDING REQUIRED All commercial uses shall provide at least the minimum size building required for the district in which the use is to be located. Said building shall contain plumbing facilities ade- quate to serve the needs of the customers and employees of the commercial use. 639.81 SIDEWALKS REQUIRED (A) Construction of sidewalks shall be required in conjunction with the construction of any building or development on property abutting any paved street within the City limits. (B) Sidewalks constructed in residential zoned district shall be 4 feet wide and 5 feet wide in commercial and all other dis- tricts.. Sidewalks and concrete aprons will not be'required across asphalt paved driveways, but said asphalt driveways must be maintained in good repairby the property owner. Sidewalks along State Road AiA will require a permit from the Florida Department of Transportation, and shall be 5 feet wide. (76a) 639.81 (Cont.) (C) Sidewalks being installed on a street within the sage block which already has sidewalks or portions of sidewalks in- stalled must conform in width with the existing sidewalks, but not to exceed 5 feet in width. (D) Sidewalks need not abut the property line and may be in- stalled anywhere within or without the right-of-way to permit alignment with existing sidewalks, or to accom odate trees or other objects which are not desired to be moved, altered or removed. (E) Construction of said sidewalks shall be completed prior to the issuance of certificate of occupancy and/or final inspect- ion. Costs of construction shall be borne by the property owner. Construction of sidewalks shall be in accordance with the City specifications, as adopted by resolution. (Ord. No. 17-76, Sec. 1, 21 Sep 1976). (77) 639.87 DEDICATED PUBLIC TIM Dedicated public streets, walkways, alleys or accesswa', s may be closed or relocated as part of or in conjunction with any Private development scheme upon an application being made to the City Council, after review of and recom:endation from the Planning and Zoning Board, and if said application is in the best interest of the City. (Ord. No. 2A-76, Sec. 1, 18 June 1976). 641. SCHEDULE OF SPECIAL E CEPTIO :S PERMISSIBLE BY BOARD OF ADJL;S'NENT 641.01 ESTABLISHMENTS Si --RING, 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, whe- ther for on -premises consumption or for package retail sales. In con- sideration 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 mainentrance: 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 thoroughfare, street or road. 2. The establishment of a vendor license by the Florida Beverage Department permitting on -prise consumption of beverages shall not be located within two thousand (2,000) feet of another estab- lishment so licensed: The specific distance shall be measured following the shortest route to ordinary pedestrian travel along the public thoroughfare, street or road from the main entrance of the establishment to the rain entrance of another establish- ment (s) similarly licensed by the Florida Beverage Department. 3. Package retail sales of alcoholic beverages for carryout shall comply with Al, A4, and A5; C and E, and 3, 3 e hereof only. 4. Parking: One (1) parking space shall 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 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. (78) 641.01 (Cont.) 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 feet and shall indicate the following information. a. The outer boundary of the vicinity map shall be at least two thousand -five hundred (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. 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. Location of all establishments licensed by the Florida Beverage eparbnent (irrl.udixra package retail sales) , which are within the required vicinity Leap area with specific distance(s) to the proposed establishment affixed per sub-paragLaph 2. e. Existing zoning for all properties within three - hundred (300) feet to the property of the proposed. establishment shall be indicated. d. The site plan map shall be drawn at a scale not less than one (1") = one hunderd (100') and shall indicate the following information: a. Location and dimension of the proposed establishment's property lines, all . - existing 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. (79) 641.01 (Cont.) B. Exceptions to the. requirement o_` ragrai h A 2 a_ e : 1. Restaurants seating two nun -ere- (200) or rcre; 2. Potels and motels with fifty ((1) or i .ore g Iest rooms; 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 establishment shall be at least fifty (50) or more for restaurant ournoses only; no areawithin the establishment ray be specifically designed for a bar/lounge operation; b. Wine or malt beverages shall be served with meals only; c. Consumption of food and salt beverages or wine shall be on -precise only; however, food carryout without said alcoholic beverages may be permitted; d. Fifty (50) percent or more of income shall be from the on -premise consumption of food; periodic sworn statements .accompanied by appropriate sales records shall be submitted 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 P.M. midnight. 4. Chartered or incorporated clubs or veteran's or fraternal organizations conforming to Chapter 565.02 (4) of the Florida Statutes, 1978 edition. (Ord. No. 10-78, Sec. 1 20 Jun 1978). C. The Special Exception may be subject to cancellation by the Board of Adjustment if the Board finds that the establist ent 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. E. For on -premise consumption of liquors, res tuar ants 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. (80) 643 LEGALLY ESTABLISHED NON -CO OR LLNG LOTS, NON-CONF0INING STRUC IIJRES AND NON-CONTFO G USES 643.01 INTENT Within the districts established by this ordinance (or amendments which may later be adopted), there exist lots, structures, place- ment of structures, uses of land and/or structures, and character- istics of use which were lawful prior to enactment of this ordinance (or amendment hereof), but which.I•ould be prohibited, regulated, or restricted under the terms of this ordinance (or arendment hereof). It is the intent of this ordinance to permit these non -conformities to continue, but not to encourage their contini ^.ce. Such non - conformities are hereby declared incompatible with permitted lots, structures, placement of structures, uses and characteristics of use in applicable districts. It is further the intent of this ordinance that non -conformities shall not be used as grounds for adding other structures of 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 the ordinance, a one or two family dwelling and customary accessory buildings may be erected, constructed, repaired, enlarged, extended rebuilt, reconstructed or struca•ally altered on any single lot of record at the effective date of adoption or amendment of this ordinance. Such lot must be in separate 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 applicable in the district, provided that maximum lot coverage regi ui rements , building set- back lines and other req,;renents not involving area or width or both, of the lot shall conform to the regulations for the district in which such lot is located. (Ord. 1-78, 21 Feb, 1978). 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 on August 4, 1971, 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 considered to be an undivided parcel for the purposes of this ordinance, and no portion of said parcel shall be used - 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 require- ments in this ordinance. (80A) 643:05 NON-C; N 0iti•1ING STRUCTURES Where a lawful structure exists at the effective date of adoption or amendment• of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, setback, or other characteristics of the structure or its location on the lot, such structure nay 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 protion 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. (81) f 643.05 (Cont:) 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. D. Uhere a lawful dwelling structure, located on a single lot of record, exists at the effective data of adoption or amendment of this ordinance that could not be build under the terms of this ordinance, such structure may be repaired, enlarged, extended, rebuilt, reconstructed, or structurally altered, provided that setback dimensions, maximum lot coverage requirement, building setback lines, and other requirements of the 'additional structure conform to the regulations for the district in which such lot is located. Any additional construction (to an existing structure that encroaches on setback requirements) must conform to the setback requirements of the zoning district. Any legally established encroachment on setback requirements may be repaired, rebuilt, reconstructed, 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-CONFORMINC USES A. Non -Conforming Uses of Land: In any zoning district, at the effective date 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 with 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 a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance; unless such use is changed to a use permitted in the district in which such use is located. 2. No such non -conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the 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 conforms to the regulations specified by this ordinance for the district in which such land is located. (82) 643.07 (Cont.) 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 one thousand ($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 provisions: 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, move or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located. Any non-conformung 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 confoLiu to the regulations for the district in which such structure is located, and non -conforming use may not thereafter be resumed. Vhen a non -conforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three (3) year period (except when goveLrment action impedes access to the premises), the structure, or structures and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. 5. Mere 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 fifty (507.) of the replacement cost at time of destruction. (83) 643.07 (Cont.) 6. The following schedule shall be followed in terminating non -conforming use of structures or of structures and premises, except for residential uses. Such termination period shall conrnence August 4, 1971. Assessed Valuation of Time Allowance 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, implement andrtiachinery storage, junk yards, commercial animal yards and the like, shall be discontinued within thirty (30) days of adoption of this ordinance. 7. Any new or additional use which is non -conforming shall not be permitted. 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 ten (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 amendment 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 an official charged with protecting the public safety, upon order of such official. 643.11 STRUCTURES AND USES APPROVED BY SPECIAL EXCEPTION A special Exception is not cleaned 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. (84) 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, 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. Variance shall be obtained only through action of the Board of Adjustment. The specific teLULs of each variance are 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 ENFOR w TT - BUILDING PERMITS AND CERTIFICNthS OF OCCUPANCY 645.01 AD:^INSITRATION AND ENFORCEMENT The Building Official, under the supervison of the City Manager or Department Head duly delegated and appointed by the City Manager, shall administer and enforce this ordinance. He may be provided with assistance of such other officers and employees of the City as may be necessary to enforce the provisions of this ordinance. If the Building Official finds that any of the provisions of this ordinance are being violated, he shall notify in writing 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 compliance with or to prevent violation of its provisions. (85) t 645.03 BUILDING PER?1ITS REQUIRED A. No building or other structure shall ba erected, moved, adclecl to or structurally altered 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 of a permit upon plans and specifications shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications, and requireing the correction of building operations being carried on thereunder to conform to corrected plans and. specifications, when in violation of any City ordinance. C. No permit shall be issued for a building or use on a lot or parcel, in any land use classification, that does not abut on a public street; or an approved private street or easement dedicated and accepted by the City, providing legal access to a public. street._ 645.05 APPLICATION FOR BUILDING. PERMIT A. All applications for building permits for any structure and its accessory buildings shall be accompanied by five (5) copies of a structural drawing at a scale acceptable to the 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 water courses 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 alternations; 4. The location and layout of the proposed sewerage system; 5. The required parking spaces, loading and unloading spaces; maneuvering space and openings for ingress and egress; (86) 645 : 05 (Cont- . ) 6. krien applicable, grading and drainage plans showing any and all cuts, fills and provisions for adequately caLuying off surface water on premises, plus provisions for any surface water which would naturally flow over or through the area. 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 th.an single and two-family residences, shall be reviewed 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.) C. The Building Official shall transmit the applicable 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 the Departments listed in 645.05 B, shall include, but not be limited to the following areas: To insure that the size and spacing of water nains and fire hydrants are adequate; to insure that an orderly and safe traffic flow is permitted within the site; and that no traffic problems are created by the proposed ingress and egress routes; that the plans provide 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. (87) 645.05 (Cont.) D. The City Engineer shall review the plan: to insure that sanitary, drainage, paving, and grading facilities are adequate, and other 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 chairman of the various boards; they shall submit in writing to the Building Official, a report stating conditions of compliance to applicable requirements. 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, an appropriate building permit shall be issued. If one or core of .the five . (5) departn gents listed in B above should disapprove a plan, the Building Official shall not issue a building permit therefore until all conditions of compliance are met by the applicant. 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 of 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. 645.07 CERTIFICATE OF OCCUI.ANCY 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. (88) 645.07 (Cont.) Within three (3) days after notification that a building or premises, or part thereof, is ready for occupancy or use, it shall be the duty of the Building Official to make a final inspection thereof and to issue a certificate of Occupancy if the land, building or part thereof and the proposed use thereof are found to conform with the provisions of this ordinance, or, if issuance of such Certificate is refused, to state such refusal in writing with the cause. A temporary Certificate fo Occupancy may be issued by the Building Official for a period not exceeding six (6) months during alterations or partial occupancy of a building pending its completion, provided that such temporary Certificate may require such conditons and safguards as will protect the safety of the occupants and the public. 645.09 TIMES AND CONDITIONS OF BUILDING PERMIT The expiration date of the building permit shall be in accordance with Section 106.3 of the Southern Standard Building Code,.as.amended. 645.11 CONS'1RUCTION AND -USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS AND CERTIFICATES OF OCCUPANCY_. Building pe1.wits or Certificates of Occupancy issued on the basis of plans, specifications,and applications approved by the Building Official authorize the use, arrangement and construction only as described in said plans, specifications and applications. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this ordinance. See also Chapter 645.03, B. 645.13 BOARD OF ADJUST ENT : ESTABLISHMENT AND PROCEDURE A Board of Adjustment is hereby established, which shall • consist of five (5) members and two (2) alternate members appointed by the City Council. Metiers and alternate members of the Board of Adjustment shall have been residents of the City of Cape Canaveral for at least one (1) year prior to their appointment. Members of the initial Board of Adjustment shall be appointed as follows: Tao (2) members for a tern of two (2) years; Three (3) members for a tern of three (3) years; and two (2) alternate members for a term of two (2) years. In addition, the Chairman of the Planning and Zoning Board, or his duly authorized representative, shall be an ex-officio member of the Board of Adjustment. (89) 645.15 PFDCEE0INCS OF THE BOARD OF ADJUSTh= 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 chaiLnkan 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 cuupel 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 shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the City Clerk for the Board of Adjustment. 645.17 BOARD OF ADJUSTMENT: POWERS AND DUTIES The Board of Adjustment shall have the following powers and duties. 645.19 ADMTINISThATIVE REVIEW To hear and decide appeals - where _it is allegedthere. is error in any order, requirement, decision- or determinationmade by the Building Official in the enforcement of this ordinance. A. Hearings: Appeals, Notice Appeals to the Board of Adjustment may be taken by the City Council the Planning and Zoning Board or by any person aggrieved or affected by any decision of the Building Official in the interpretation of any portion of these regulations. Such appeals shall be taken within a reasonable time not to exceed sixty (60) days of the date of said decision, or such lesser period as may be provided by the rules of the Board of Adjustment, by filing with the Building Official and with the Board of Adjustment a notice of appeal specifying the grounds therefore. The Building Offical shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken. The Board of Adjustment shall fix a reasonable time for hearing of the appeal, give public notice thereof at least 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 appeal in person or by agent or attorney. (90) 645.19 (Cont.) B. Stay of Proceeding An appeal stays all proceedings in furtherance of the action appeal from, unless the Building Official from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Adjustment or by a Court of Record on application. The restraining order shall take effect on notice to the administrative official charged with the enforcement of this act and from whom the appeal is taken and on due cause shown. 645.21 SPECIAL EXCEPTIONS: CONDITIONS GOVERNING APPLICATIONS: PROCEDURES To hear and decide only such Special Exceptions as the Board of AdjusLnnant 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 Special Exceptions with such conditions and safeguards as are appropriate under this ordinance or other applicable ordinances; or to deny Special Exceptions when not in hammy 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 Exception is submitted indicating the section of this ordinance under which the Special Exception is sought, and stating the grounds on which the Special Exception is sought and stating the grounds on which it is requested. B. All proposed Special Exceptions shall be submitted to the 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. 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 nail. 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 circulation within the City of Cape Canaveral. (91) 645.21 (Cont.)' D. A courtesy notice may be mailed of 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 proceedings 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. 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 convenience, traffic flow and control and access in case of.fire or catastrophe. B. Off-street parking and loading areas where required, with particular attention to the items in A above, and economic, noise, glare or odor effects of the Special Exception on adjoining properties and properties generally in the district. C. Refuse and service areas, with particular reference to the items in A and B above. D. Utilities, with reference to loactions, availability and compatibility. E. Screening and buffering with reference to type, dimensions and character. F. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect and compatibility and harmony with properties in the district. .G. Required setback and other open space. H. Height. . I. Landscaping. (92) 645.22 (Cont.) J. Renewal and/or termination dates. K. That the use will be reasonable compatible with surrounding uses in its function, its hours of operation, the type and amount of traffic to be generated, the building size and setbacks, its relationship to land values and other facts that may be used to measure • compatibility. In granting any Special Exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the Special Exceptions 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, when owdng to special _cond? tions a _. litera7. 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 conditons and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, buildings or structures in the same district. 2. That literal interpretation of the provisions 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 circumstances 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 privilege that is denied by this ordinance to other lands, structures or dwellings in the same district. No non -conforming use of neighboring lands, structures or buildings in the same district, and no permitted use of land, structures or buildings in other districts shall be considered grounds for the issuance of a Variance. (93) 645.23 (Cont.) B. All proposed Variances shall be submitted to the Planning and Zoning Board for study and written recoumendat:ion prior to submittal to the Board of Adjustment. 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 proceedings taken hereunder. E. Any party may appear in person, or be represented by an agent or by attorney at the public hearing. F. The Board of Adjustment shall make findings that the 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 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 Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under: which the Variance is granted, shall be deemed a violation of this ordinance and punishable as provided by this ordinance. Under no circumstances shall the Board of Adjustment grant a Variance to permit a use not generally or by Special Exception permitted in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance. (94) 645.25 APPLICANTS A11 hearings. for Special Exceptions or Vairances before the Board of Adjustment shall be initiated by (1) the owner or owners of at least seventy-five (75) percent of the property described in the application; (2) tenant or tenants, with owners sworn to 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 ADJUS Y"—NT 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 deter- mination appealed from any may make such order, requirement, decision or determination as should be made, and to that end shall have all of the powers of the Building Official from whom theappeal was taken. The concurring vote of four (4) members.of the Board of Adjustmentshall be necessary to reverse any order, requirement, decision or determination of the Building Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the application of this ordinance. 645.28 RECONSIDERATION OF ALAw1INISTRATIVE REVIEW SPECIAL EXCEPTION OR VARIANCE When a petition for administrative review, special exception or variance has been acted on by the Board of Adjustment and disapproved or failed to pass, such petition in the same or substantially similar form shall not be reconsidered by the Board of Adjustment for a period of two (2) years. This restriction shallnot apply to the property owner if the original request was initiated by any official, department, board or agency of the City acting in an official capacity, or shall not apply to any petition initiated by the City Council. 645.29 APPEALS FROM THE BOARD OF AA7LTSE• ANT 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 said municipality, may present to a Circuit Court a petition for issuance of a Writ of Certiorari, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the gounds of the illegality in the mariner and within the time provided by the Florida Appellate rules. (95) 645.31 ZONING MDa'ANCE INTERPRETATION ! ND ENFORCEMENT ENT It is the intent of this ordinance that all questions of interpretation and enforcement shall be first presented to the Building Official, and that such questions shall be presented to the Board of Adjustment only on appeal from the decision of the Building Official, and that recourse frol 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 ordiance. 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 EXPENSES The following fees and charges in connection with matters pertinent to zoning petitions, zoning ordinance amendments, special exceptions, variances and appeals are established: Application for Rezoning $100.00 Proposed A:mendr.mt/s to Zoning Ordinance 100.00 Application for a Special Exception or Variance 100.00 Appeal of Adwinistrative Decision 100.00 No permit or certificate shall be issued and no inspection, public notice or other action relative to zoning, zoning ordinance amendments, petitions for changes in zoning districts, or appeals, shall be instituted until after such fees, costs and charges have been paid, except in those cases wherein fees are waived as specified in this section. When in accordance with the provisions of this section, a fee is paid and application is filed, there shall be no return or rebate of any funds so received, regardless of the City's determination in the matter involved. All fees, costs and charges, upon collection, shall be deposited . in the General Fund of the City. Fees for Zoning Ordinance Arendrent/s or Appeal of Administrative Decision/s shall be waived, provided: 1. The petition for amendment or appeal is sponsored. by a majority of the City Council or the Planning and Zoning Board. (96) 645.33 (Cont.) Compliance,with the above render the petition an official City mandate for presentation to the Board of adjustment or the City Council, as appropriate, for final decision, without fee. Where plans and specifications for construct- ion 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 Official shall require a deposit of estimated cost upon receipt of application for building permit. 645.35 PROVISION OF ORDINANCES DECLARH) TO BE Pa-Nlmu 1 REQUIREMENTS 'Whenever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive of that imposing the higher standards shall govern. (Ord. No. 17-76, Sec. 1, 21 Sep. 1976). 645.37 COKPLAINTS 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 invest- igate and take action thereon as provided by this ordinance. 645.39 PENALTIES FOR VIOLATION .Any person, firm or corporation who violates, disobeys, oLnits , neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance, shall be fined not rmre than five hundred (500) dollars 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. 645,41 SEPARABILITY CLAUSE Should any section or provision of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid. (97) 647 AMENIMENTS The regulations, restrictions and boundaries set forth in this ordinance may, from time to time be amended, supplemented, changed or repealed in the manner prescribed by law. 647.01 PROCEDURE A. A district boundary change may be initiated by •(1) the owner or owners of at least seventy five (75) percent of the property described in the application; (2) tenant or tenants with owners sworn to consent; (3) duly authorized 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 ordinance other than a district boundary change may be proposed by (1.) City Council; (2) Planning and Zoning Board; (3) any department or agency of the City; (4) any individual, corporation or agency. B. All proposed amendments shall be submitted to the Planning and Zoning Board for study and recouiuendation. 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 properties. 3. When pertaining to the rezoning of land, the amount of undeveloped land in the general area and in the City having the same classification as that. requested. • 4. The relationship of the proposed a:uendnent to the purpose of the City's plan for development, 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 recamiendation within thirty (30) days following its official action on the request. City Council may extend this time limit for good cause. (9R) 647.01 (Cont.) D, No reco;rmendadion for change or amendment may be considered by the City Council until due public notice has been given of a public hearing. Public notice of the hearing shall be given only after the Planning and Zoning Board has submitted its recommendation concerning 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 general 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 proceedings take:. hereunder. F. When any proposed change of a zoning district boundary lies within five hundred (500) feet of the boundary of an incorporated or unincorporated area, notice may be forwarded to the- Planning--and-Zoning Board, or governing body 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. 1nen the City Council proposes a change in zoning classifiaction 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 of the owner's current address of record, as maintained by the Assessor of Taxes, for the jurisdiction proposing 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 classification, and the time and place of any scheduled hearing concerning the proposed zoning change. Prior to the effective date of any zoning classification change, the City Council shall cause an affidavit to be filed with the City Clerk certifying that said Council has compliance with the provisions of this section. The filing of said affidavit shall be prinks 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 the property of the complaining owner. (99) 647.03 LIMITATIONS No proposal for zoning change or amendment affecting particular_ property or properties shall contain conditions, limi_atations or requiruutents not applicable to all other property in the district to which the particular property is proposed to be rezoned. 647.05 RECONSIDERATION OF DISTRICT BO DARY CHANGES When a proposed change in district boundaries has been acted upon by the City Council and disapproved or failed to pass, such proposed change, in the same or substantially similar form, shall not be reconsidered by the City Council for a period of two (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; nor shall such restriction 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.