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HomeMy WebLinkAboutAdopted by Ord 10-1975M 1CROF1LMED- -`' 3.14-80 ZONING REGULATIONS CITY OF CAPE CANAVERAL. FLORIDA T TT T%O V ZONING REGULATIONS, ESTABLISHMENT AND PURPOSE PURPOSE REPEAL OF CONFLICTING ORDINANCES SHORT TITLE 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, MAXIMUM UNITS, LOT AREA PERCENTAGE, SETBACKS SETBACK, OPEN SPACE, PARKING, LOADING REQUIREMENTS FOR ADDITIONAL BUILDINGS DIMENSION OR AREA REDUCTION BELOW MINIMUM REQUIREMENTS REGULATIONS ARE MINIMUM: UNIFORMLY APPLIED LOT AND STREET REQUIREMENTS FOR STRUCTURES ZONING CLASSIFICATION OF ANNEXATIONS UNUSUAL USES OR USES NOT SPECIFICALLY PERMITTED SCHEDULE OF DISTRICT REGULATIONS R-1: 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 0" SECTION/S 630. 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. 637.01 637.03 637.05 637.07 637.09 637.11 637.13, 639.49G r - M ICROFILMED 91 I. 3-14-80 A PAGE 2 SECTION/S R-2: ONE, TWO AND MULTIPLE FAMILY DWELLING DISTRICT 637.41 637.21 PRINCIPAL USES AND STRUCTURES 637.23 ACCESSORY USES AND STRUCTURES 637.25 SPECIAL EXCEPTIONS PERMISSIBLE 637.49 BY BOARD OF ADJUSTMENT 637.51 637.27 PROHIBITED USES AND STRUCTURES 637.29 AREA AND DIMENSION REGULATIONS 637.31 OFF-STREET PARKING AND ACCESS 637.33, 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 637.95 IN A NORTH/SOUTH DIRECTION 637.55 LANDSCAPING 637.57 MINIMUM OPEN SPACE AREA REQUIREMENTS 637.59 OFF-STREET PARKING AND ACCESS 637.60, MH -1: SINGLE FAMILY 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 LANDSCAPING AND SCREENING 637.93 OFF-STREET PARKING AND ACCESS 637.95 .-c 639.49G 639.49G MICROFILMED 3-14-80 PAGE 3 SECTION/S C-2: GENERAL COMMERCIAL DISTRICT PRINCIPAL USES AND STRUCTURES ACCESSORY USES AND STRUCTURES SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT PROHIBITED USES AND STRUCTURES AREA AND DIMENSION REGULATIONS LANDSCAPING AND SCREENING OFF-STREET PARKING AND ACCESS T-1: TOURIST DISTRICT PRINCIPAL USES AND STRUCTURES ACCESSORY USES AND STRUCTURES SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT PROHIBITED USES AND STRUCTURES AREA AND DIMENSION REGULATIONS LANDSCAPING AND SCREENING OFF-STREET PARKING AND ACCESS M-1: LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT PRINCIPAL USES AND STRUCTUTES ACCESSORY USES AND STRUCTURES SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT PROHIBITED USES AND STRUCTURES AREA AND DIMENSION REGULATIONS LANDSCAPING AND SCREENING PERFORMANCE STANDARDS PARKING AND LOADING M-2: LIGHT INDUSTRIAL AND WAREHOUSING DISTRICT PRINCIPAL USES AND STRUCTURES ACCESSORY USES AND STRUCTURES SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT PROHIBITED USES AND STRUCTURES AREA AND DIMENSION REGULATIONS LANDSCAPING AND SCREENING PERFORMANCE STANDARDS PARKING AND LOADING 638.01 638.03 638.05 638.07 638.09 638.11 638.13 638.15 638.21 638.23 638.25 638.27 638.29 638.31 638.33 638.35 638.41 638.43 638.45 638.47 638.49 638.51 638.53 638.55 638.57 638.61 638.63 638.65 638.67 638.69 638.71 638.73 638.75 638.77 MICROFILMED 3-14-80 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 639.11 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 PERFORMANCE STANDARDS 639.13 APPLICATION OF PERFORMANCE STANDARDS 639.15 ADMINISTRATION AND ENFORCEMENT 639.55 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 GLARE 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 MICROFILMED 3-14-80 PAGE 5 SECTION/S SUPPLEMENTARY DISTRICT REGULATIONS (CONT'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 OF 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 SIDEWALKS REQUIRED 639.81 DEDICATED PUBLIC LAND 639.87 SCHEDULE OF SPECIAL EXCEPTIONS PERMISSIBLE 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 BUILDING PERMITS REQUIRED 645.03 APPLICATION FOR BUILDING PERMIT 645.05 MICROFILMED 3-14-80 A- 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 645.11 BOARD OF ADJUSTMENT: ESTABLISHMENT AND PROCEDURE 645.13 PROCEEDINGS OF THE BOARD OF ADJUSTMENT 645.15 BOARD OF ADJUSTMENT: POWERS AND DUTIES 645.17 ADMINISTRATIVE REVIEW 645.19 SPECIAL EXCEPTIONS: CONDITIONS GOVERNING APPLICATIONS; PROCEDURES 645.21 WRITTEN FINDINGS: VIOLATION OF SAFEGUARDS 645.22 VARIANCES: CONDITIONS GOVERNING APPLICATIONS; PROCEDURES 645.23 APPLICANTS 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 REQUIREMENTS 645.35 COMPLAINS REGARDING VIOLATIONS 645.37 PENALTIES FOR VIOLATION 645.39 SEPARABILITY CLAUSE 645.41 MICROFILMED AMENDMENTS PROCEDURE LITMITATIONS RECONSIDERATION OF DISTRICT BOUNDARY CHANGES INCORPORATION OF ZONING ORDINANCE IN A CODE PROVIDED Io 3-14-80 PAGE 7 SECTION/S 647, 647.01 647.03 647.05 647.07 MICROFILMED 3-14-80 ., C63)0 ZONMG, REGULATIONS ITY OF CAPE CANAVERAL, FLORIDA An ordinance establishing comprehensive zoning regulations for the City of Cape Canaveral, Florida, and providing for the administration, enforcement and amendment thereof, in accordance with the provisions of Florida Statutes, and the Charter of the City of Cape Canaveral, and for the repeal of all ordinances in conflict herewith. 630.01 PURPOSE WHEREAS Florida Statutes and the Charter of City of Cape Canaveral empower the City to enact a zoning ordinance and to provide for its administration, enforcement and amendment, and WHEREAS the City Council deems it necessary for the purpose of promoting the health, safety, morals and general welfare of the City to enact such an ordinance, and WHEREAS the City Council pursuant to the provisions of Florida Statutes, has appointed a Planning and Zoning Board to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein, and T. o� the Pi=ning and Zon rg Bo -rd has divided the City into �.�str�ctc and has prepared regulations pertaining to such districts in accordance with a compre'iensive pian and designed to lessen congestion in the streets, to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the over- crowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements, and WHEREAS the Planning and Zoning Board has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Municipality, and WHEREAS the Planning and Zoning Board has made a preliminary report and held public hearings thereon, and submitted its final report to the City Council, and WHEREAS the City Council has given due public notice of hearings relating to zoning districts, regulations and restrictions, and has held public hearings, and r - MICROFILMED 3-14-80 630.01 (Cont.) (2) WHEREAS all requirements of Florida Statutes, with regard to the preparation of the report of the Planning and Zoning Board and subsequent action of the City Council has been met; NOW TH=DRE BE IT ORDAINED BY THE PEOPLE OF THE CITY OF CAPE CANAVERAL, FLORIDA: 630.03 REPEAL OF CONFLICTING ORDINANCES Ordinance No. 12-71 of the City of Cape Canaveral, as amended, is hereby abolished and repealed, and all other City ordinances, 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". fit i ZONING DEFINITIONS For the purposes of this ordinance, certain terms or words used herein sh-11 be interpreted as follows: the word rson includes a fi��, association, organization, par- crship, trust, company, or corporation as well as individual. The present tense includes the future tense, the singular number includes the plural number includes the singular. The word shall is mandatory; the word n-kay is permissive. The words used or occupied include the words intended, designed, or arranged to be used or occupied. The word lot includes the words plot or parcel. Accessory Use - A use or structure on the same lot with, and of a nature customari y 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, rtiltiple Family. Apartment Hotel - A building designed for or containing both apartments and individuai 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, roans or units. S MICROFILMED 3-14-80 (3) 631.01 (Cont.) 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 hones, 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. Awnin - A detachable, rooflike cover, supported by the walls of a Mbuilding 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 provided. Building Official - The official charged with the administration and enforcement oz his ordinance as provided for in Chapter 645. Building or Structure - Any structure constructed or used for residence, business, industry or other -p lie or private purposes or accessory thereto, including tents, lunch wagons, dining cars, trailers, mobile hones, 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. Camper Trailer - A movable living unit or similar portable structure wing no o er 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 area pitted for examination and treatment by a group of physicians or dentists or other persons practicing the healing arts together. 'Ihe term does not include a place for the treatment of animals. n- . _ (4) MICROFILMED 3.14.80 631.01 (Cont. Mn Carton S ace - 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. Coramn 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 sane lot with the principal building enclosed on at least three adjacent sides by walls of the principal building. Courtesy Notice - A notice of a public hearing, not required by law, made at the City's discretion to property owners within five -hundred (500) feet of property subject of said public hearing. Drive-in Restaurant or Refreshment Stand - Any place or premises used for sale, dispensing, or serving of foou, -ref-resl-unents, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises. Dwelling, Sin le Family - A detached residential dwelling unit other a mobile home, designed for and occupied by one family only. Dwellin , Mobile Home - A detached residential dwelling unit over eight (8) eget in width, designed for transportation, after fabrication, on streets or highways on its own wheels and arriving at the site where it is to be occupied except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities and the like. A travel trailer or mobile camper is not to be considered as a mobile home. Welling, Zt,7o Family - A detached residential building containing two dwelling units, designed for occupancy by not more than two families. Dwelling, Miltiple Fmdly - 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. Fa - MICROFILMED 3-14 19)0 631.Oi% $welling Unit or Living Unit - One room or rooms connected together, constituting a separate', independent housekeeping establishnent for owner occupancy, or rental or lease an 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. Family - An individual or a group tit I -L -L7 --- - -- Flood 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 lication - Final application for approval of the Final ve opment Pian and for approval of the required exhibits as specified in this Ordinance. Final Development Plan - Final development Plan is the Development Plan approvecTbv 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 sten of the gross horizontal areas of the several Dorso a building or buildings, measured from the exterior faces of exterior walls or from the centerline of walls separating two attached buildings. The required miniman floor area within each district shall not apply to accessory uses. Floor Area Ratio - The floor area of the building g6or buildings on any of vi ed b the area of the lot. (• ee Guest House - Living quarters within a detached accessory building ocate on the same 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. Hedge - A raw 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 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). _ MICROFILMED 3.14-8 8 631.01 (Cont.) Home Occupation - Any occupation conducted entirely within a dwelling unit and carried on by an occupant thereof, which occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof. Hospital - A building or gourp of buildings, having roam 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 4iich 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 -B-u-ffer - That portion of the building setback area which isoca� ated a ong property lines adjacent to streets or abutting lots and which in its entirety contains landscaping. Landscaping - The arrangement of vegetation such as trees, bus -lies and grass, together with other suitable materials in complementary fashion over a tract of land for aesthetic effect. Li Area - The minimum floor area of a dwelling as measured by its outside dimensions exclusive of carports, porches, sheds and attached garage. Loadhn Space, Off -Street - Space logically and conveniently located for bulk pickups and TeTiveries, 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. 1W I MICROFILMED 3.14-80 (7) 631.01 (Cont. ) Lot - For purposes of: this ordinance, a, lot is a parcel of land of at est sufficient size to meet minimum zoning requirements for use, 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 wiiicii 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 lot a utting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremast 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. Doth - 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 s --de lot lines in the rear. B. Width - Of a lot shall be considered to be the distance between straight 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 minimum of twenty-five (25) feet facing a street. Lot, Frontage - The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining setback requirements on corner and through lots, all yards of a lot adjacent to a street shall be considered frontage. Lot, Interior - A lot with only one frontage on a street. Lot Line - The boundary line of a lot. .ti. <' r..- 1631.01 (Cont.) MICROFILMED 3-14-80 (8) 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 right angles or approximately right angles (interior angle less than one-hmdred 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 and ti-fe 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. Nbtel - A building in which lodging, or boarding and lodging, are provided an 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. MICR6F1LMED 3-14-80' (9) 631.01 (Cont.) Non -Conformity - Any lot, use of land, use of structure, use of structure and premise or characteristics of any use which was lawful at the time of enactment of this ordinance but which does not conform with the provisions of the district in which it is located. Occupied - The use of structure of land for any purpose including occupancy for residential, business, industrial, manufacturing, storage, and public use. en S ace Area - That area of the lot which is to be left open for tree circulation of air and which provides an area for recreational and/or leisure pursuits. Not to be inculded as part of open space area: building setbacks, area occupied by all building structures, parking area, roads and drives. Recreational areas may be included. Swimming pools may be included in the calculation of mirdmxn open space. Patio - See Terrace. Parking Space, Off -Street - For the purposes of this ordinance the term 'off-street parking space" shall consist of a minimum paved area two -hundred (200) square feet with minimum dimensions of ten (10) feet by twenty (20) feet for parking an automobile, exclusive of access drives or aisles thereto. Playround/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 principal use of the --lot on which it is situated. In a residential district any dwelling shall be deemed to be the principal building on the lot on which the same is situated. An attached carport, shed, garage, or any other structure with one or more walls or a part of one wall being a part of the principal building and structurally dependent, totally or in part, on the principal building, shall comprise a part of the principal building. 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 building 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 princial building and shall be subject to the regulations applicable to the principal building. MICROFILMED 3-14-80 (10) ',631.01 (Cont.) 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. Residential District - The R-1, R-2, R-3 or M -H-1 District. Restaurant - Any building or structure or portion thereof, in which food is prepared and served for pay to any person not residing on the premises. E22TIng 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 ui ding 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 Ti de as specified by this Ordinance. Setback - A required open space on the same lot with a principal ung, 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 wiHF-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 set acc 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. Drivewa , Parking and Accessory Structure Encroachments Within Setback Area/s - Encroachments wit -Bin any Setback Area are permitted on y as specified in 639.49 and 639.51 hereof. Sign - Any device to inform or attract the attention of persons not on e premises on which the sign is located, provided however, that the %IV following shall not be included in the application of the regulations herein: MICROf ILMED 3-14-80 a,. (11) �.• (f631.01 (Cont . ) A. Signs not exceeding one (1) square foot in area and bearing only property numbers, post office box numbers, names of occupants of premises, or other identification of premises not having commercial connotations; B Flags and insignia of any government except when displayed in connection with commercial promotion; C. Legal notices, identification 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. Si s, Number and Surface Area - For the purpose of determing number of signs, a sign shall be consi Bred 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 rebalar geometric form comprising all of the display area of the sign and includirig all the elements of the matter displayed. Structural members not bearing advertising matter shal riot be included in computation of surface area. SiM, On -Site - A sign relating in its subject matter to the premises on whicn 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 Exception - A special exception is a use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location, or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, posterity, or general welfare. Such uses as may be permitted by the Board of Adjustment are identified for each zoning district as special exceptions. Ston' - 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 human occupancy between the top -most floor and roof. A basement or cellar not used for human occupancy shall not be counted as a story. M ICROFILM90 3-14-80 31.0V (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 - Hay Line - The property line which bounds the right- of-way set aside for use as a street. Where sidewalks exist and the exact location of the right-of-way is unknown, the side of the sidewalk farthest from the centerline of the traveled street shall be considered as right-of-way line. B. Street Centerline - The midpoint of the street right-of-way. Swimming Pool - Any portable pool or permanent structure containing a body of water eighteen (18) inches or more in depth and two 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 omarnental -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 tw-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, travelers, or persons desiring temporary residence may be provided with sleeping, sanitary or cooking facilities. Townhouse - See duelling, multiple family. Total Floor Area or Gross Floor Area - The areas of all floors of a building, including finished attics, finished basements and all covered areas, including porches, sheds, carports, and garages. Trailer Park - An area duly licensed by the City of Cape Canaveral and approved by the Florida State Board of Health which is designed, constructed, equipped, operated and maintained for the purpose of providing space for and otherwise servicing mobile homes and/or trailers. Travel Trailer - A vehicular, portable structure having no foundation other than zees 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 MICROFILMED 3-14-80 (13) 631.01 (Cont.) (2) is not more than eight (8) feet in width. Vacant - A building ro parcel of land which is neither occupied nor used or is in a non-operative state for a period of six (6) consecutive months or more. Variance - A variance is a relaxation of the terms of the zoning ordinance ere such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue hardship. As used in this ordinance, a variance is authorized only for height, area, size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non -conformities in the zoning district or used in an adjoining zoning district. Wall - A structure forming a physical barrier which is so constructed Uat less than fifty (50) percent of the vertical surface from gound level to its top is open to permit the transmission of light, air, and visison through such surface in a horizontal plane. Yard - All open space on the same lot as the principal building, wnicii space is unoccupied and unobstructed 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, carports, garages and storage areas. The term Yard used herein is not a setback. 633 ESTABLISH= OF DISTRICTS: PROVISION FOR OFFICIAL ZONING MAP 633.01 OFFICIAL ZONING MAP The City is hereby divided into zones, or districts, as shown on the Official Zoning Map, which together with all explanatory matter thereon, is hereby adopted by reference and declared to be part of this Ordinance. The Official Zoning Map shall be identified by the signature of the Mayor attested to by the City Clerk, and bearing the seal of the City under the following wards: "This is to certify that this is the Official Zoning Map referred to in Sec. 633.01 of the Code of Ordinances of the City of Cape Canaveral, Florida" together with the date of the adoption of this Ordinance. The Official Zoning Map in effect at the time of passage of this Ordinance shall remain in effect and shall be re-identified as provided above. r- MICROFILMECG 3.14-80 • • (14) 63\. O1 (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 beccu:e 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 which may from time to time be made or published, the Official Zoning Map 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 the City. 633.03 REPLACEMENT OF OFFICIAL ZONING MAP In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the City Council may be resolution adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the City Clerk, and bearing the seal of the City under the following words: "This is to certify that this Official Zoning Map 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. MICROFILMED 3-14-80 (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 DISTRICT REGULATIONS The regulations set by this ordinance within each district shall be minimum regulations and shall apply unifounly 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. • MICROFILMED 3-14-80 • (16) 635.03 STRUCTURE HEIGHT, MAXIMJJM UNITS, LOT AREA PERCENTAGE, ShfBACKS 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 REDUCI'1ON 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 minimum requirements set forth herein. Setbacks or lots created after the effective date of this ordinance shall meet the minimum requirements established by this ordinance. 635.09REGULATIONS ARE MINIMUM: UNIFORMLY APPLTED Within each district, the regulations set by this ordinance shall be minimum regulations and shall apply unifoLuily to each class or kind of structure or land. 635.11 LOT AND STREET REQU T\EMENTS 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. • MICROFILMED 3-14-80 • (17) 635.13 ZONING CLASSIFICATION OF ANNEXATIONS 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 for 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 DIST r 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; MICROFILMED 3-14-80 637.05 (Cont.) (18) 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 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 PERMISSTBT,E BY BOARD OF ADJUSTMENT A. Public utility uses and rights -of -way essential to serve the neighborhood in which it is located; B. Public and private schools with conventional curriculums; public libraries; C. Churches and other places of worship; parish houses; D. Golf course and clubhouse, tennis and racket club and similar activities in keeping with the residential 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 Minimum Lot Width: 10,000 Sq. Ft. 75 Feet MICROFILMED 3 i4-8O • (19) 637.11 (Cont.) Minimum lot Depth: 100 Feet Maximum Lot Coverage: 30% Minimum Living Area: 1,100 Sq. Ft. Maxi nn Height: 25 Feet MINIMUM SET BACK REQUIREMENTS R-1 Front: Side Interior Lot: Side Corner Lot: Rear: 25 Feet 8 Feet or 10% of lot, whichever is greater, up to 20 Feet. 25 Feet 25 Feet; 20 Feet when abutting an alley. 637.13 0FF-STRh:h.T PARKING AND ACCESS 0ff-Street parking area and access to a public or private street shall be provided in accordance with Chapter 639. 637.21 R-2: ONE, TWO AND MULTIPTF FAMILY DWELLING DISTRICT The provisions of this district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Some non-residential uses compatible with the character of the district are also permitted. 637.23 PRINCIPAL USES AND S1RUCTURES Single family dwellings, two family dwellings and multiple family dwellings, provided however, that in no case shall there be more than fifteen (15) dwelling units per net residential acre. 637.25 ACCESSORY USES AND STRUCTURES A. Non-commercial piers, bathhouses, and loading places intended solely for the use of the adjoining residences, providing that the following conditions are met: MICROFILMED 3-14-80 (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 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 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 PERMISSIBTF 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 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; • MICROFILMED 3-14-80 • (21) lo37.Z7 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 care facilities; 637.29 PROHIBITED USES AND STRUCTURES All uses not specifically or provisionally permitted herein; and any use not in keeping with the residential character of the district. 637.31 AREA AND DIMENSION REGULATIONS R-2 Minimum Lot Area: One family and two family: 7,500 SQ. FT. Multiple Family; 10,000 SQ. FT. Miniraum Lot Width: One family, two family and multiple family; 75 FT. NH,ni urn Lot Depth: One family, two family and multiple family; 100 FT. Maximum Lot Coverage: One family, two family and multiple family; 35% Minimum Living Area: One family: 1,000 SQ. FT. per dwelling unit. Two family: 750 SQ. FT. per dwelling unit. Multiple family: Efficiency: 450 SQ. FT. per dwelling unit 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. Maximum Height: One family, two family and multiple family: 25 FT. MICROFILMED 3-14-80 • • Rear: (22) 637.31 (Cont.) MINIMUM SETBACK REQUIREMENTS: R-2 Front: One family, two family and multiple family:. 25 FT. Side: (Interior Lot) One family, two family and multiple family: 8 FT. or 10% of width of lot, whichever is greater; up to 15 FT:, plus 3 FT. for each story above the first. • Side: (Corner Lot) One family, two family and multiple family: a 25 FT. On all non -conforming lots of record as defined in Chapter 643.03, on side corner lots there shall be a minimum set- back of 10 FT. or the average depth of existing setbacks whichever is greater. The average depth of existing setbacks shall be determined by buildings located on lots 500 JT. on either side of property on the same side of the street. One family, two family and rrlitple family: 20 FT. plus 3 FT. for each story above the first. 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: MULTIPTE FAWTY 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 multiple family dwellings and motels and hotels, provided, however, that in no case shall there be more than fifteen (15) dwellings units for multiple family or thirty (30) rental units for hotels and motels per net residential acre; • M ICROFILMED 3-14-80 (23) 637.43 (Cont.) B. Professional offices, studios and similar uses; C. Medical and dental clinics and related laboratories; D. Government offices; 637.45 ACCESSORY USES AND STRUCTURES A. Non-commercial piers, bathhouses, and loading places intended solely for the use of the adjoining residences, providing that the following conditions are 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 point where the pier or dock is constructed; 2. No water craft moored to such use shall be used as living quarters; 3. All applicable regulations and restrictions of the Cowes 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, caLports, 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 conjuncion 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. • M ICROFILMED 3-14-80 (24) 637.47 SPECIAL EXCEPTIONS P 24 1 SSIBLE 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. r- r• M ICROFILMIoD 3-14 80 k. 637.51 AREA AND DIMENSION REGULATIONS R-3 Minimum Lot Areas: Minimum. Lot Width: Minimum Lot Depth: Maximum Lot Coverage: (25) 0ne and two family: 7,500 SQ. FT. Multiple family, residential and offices, hotels and motels; 12,000 SQ. FT. Churches and hospitals: 0ne-half (1/2) Acre One and two family: 75 FT. Multiple family, residential and offices, hotels and motels: 100 FT. Churches and hospitals: 150 FT. 0ne and two family, multiple family, residential and offices, churches and • hospitals, hotels and motels: 100 FT. 0ne and two family: 35% Multiple family, residential and offices, churches and hospitals: 2570 Hotels and Motels 40/0. Minimum Living or Floor Area: 0ne family: 1,050 SQ. FT. per dwelling Maximum Height: unit. 'No family: 850 SQ. FT, per dwelling unit. Multiple -family, One bedroom: 'No bedroom: residential, and offices; 850•SQ . J J .' per dwelling unit 1,050 SQ. FT. per dwelling unit, plus 200 SQ.' F.C. for' each additional bedroom. %** Hotels and Motels: 300 SQ. FT.per rental unit. One and two family: 25 FT. Multiple family, residential, offices, churches, hosptials, hotels and motels: 45 FT. ** Hotel and motel units containing provisions for cooking or light housekeeping shall meet the regulations of multiple family, residential and offices category above. MICROFILMED 344-80 (26) 637.51 (Cont.) MINIMUM SETBACK REQUIREMENT'S: R-3 Front: Residential, offices,_hotels and motels: 25 FT. plus 2 Fi'. for each 5 FT. or increment thereof over 40 FT. in height. Churches, hospitals and the like: 25 FT. plus 3 FT. for each 5 FT. or increment thereof over 40 FT. in height. Side Interior Lot: Residential, offices, hotels and motels; 15-TT!. plus 3 FT..for each 10 FT. or increment thereof over 20 FT. in height. -- Churches, hospitals, and the like: 15 FT: plus 3 FT. for.each 5 FT. or increment thereof over 40 FT. in height. Side Corner Lot: Residential, offices, hotels and motels; 25 FT., plus 2 FT. for each 5 FT. or increment thereof over 40 FT. in height. Churches, hospitals, and the like: 25 Ff., plus 3 r '. for each 5 FT. or increment thereof over 40 FT. in height. Rear: Residential, offices, hotels and motels: 20 IT., plus 2 ±i'. for each 10 FT. or increment thereof over 20 FT. in height. Churches, hospitals and the like: 25 FT., 20 FT. when abutting an alley, plus 3 Ff. for each 5 FT. or increment thereof over 40 FT. in height. 637.53 MINIMUM BREEZE REQ 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. MICROFILMED 3-14-80 (27) 637.55 MAXIMUM LENGTH OF ANY BUILDING IN A NORTH/SOUTH DIRECTION 185 FT. 637.57 LANDSCAPING A ten (10) foot landscaped buffer adjacent to any street and two and one-half (2-1/2) feet landscaped buffer adjacent to any abutting lot shall be required. 637.59 rII1MUM OPEN SPACE AREA REQUIREMENT The miniu m, open space requried 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 minimum open space. 637.60 OFF-STREET PARKING AND ACCESS Off-street parking and access to a public or private street shall be provided in accordance with Chapter 639. MH-1: SINGLE FAMILY MOBILE HOME DISTRICT The provisions of this district are intended to apply to an area of single family mobile home development. PRINCIPAL USES AND SI.LRUCTURES Single family mobile homes. 5 ACCESSORY USES AND STRUCTURES A. Cabanas, provided that they are a manufactured metal product and are attached to the mobile home; B. Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use. Accessory uses shall have no sanitary plumbing or kitchen facilities. • MICROFILMED 3-I4-80 S • (28) SPECIAL EX DI' IONS PROHIBITED USES AND STRUCTURES All uses not specifically or provisionally permitted herein. 37 7 AREA AND DIMENSION REGULATIONS: MH-1 Minimum Lot Area: 2,500 SQ. FT. . Minimum Height: 15 FT. Minimum Lot Width: 50 FT. Minimum Lot Depth: 50 FT. Maxi mu n Lot Coverage: 407. Minimum Floor Area: 350 SQ. FT. MINIMUM SET BACK REQUIREMENTS: MH-1 Front: 15 FT. Side: 5 FT. Rear: 5 FT. K ci i 2 S) J Orr-S PARKING AND ACCESS . ? r) Off-street parking and access to a public or private street shall be provided in accordance with Chapter 639. 637.81 C-1: LOW DENSITY COMMERCIAL DISTRICT The provisions of this district are intended to apply to an area adjacent to major arterial streets and convenient to major residential areas. The types of uses permitted are intended to serve the consumer needs of nearby residential neighborhoods as well as the commercial needs of the motorist. Lot sizes and other restrictions are intended to reduce conflict with adjacent residential uses and to minimize the interruption of traffic along thoroughfares. 637.83 PRINCIPAL USES AND STRUCTURES The following uses and structures are permitted for any use 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: MICROFILMED 3-14-80 • (29) 637.83 (Cont.) A. Retail stores, sales and display rooms; B. Personal service establishments such as beauty and barber shops, laundry and dry cleaning pickup stations, tailor shops, and similar uses; 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) SQ. FT. E. Eating establishments. F. Public and semi-public parks, playgrounds, clubs and lodges, cultural facilities, ho:,pitals, clinics, restoriums, mortuaries, funeral homes, government offices, schools, churches and similar uses; G. Banks and financial institutions; H. Public and private parking lots and garages; I. Commercial recreation such as driving ranges, bowling alleys, and similar uses; J. Plant nurseries and greenhouses, providing that all outside display of merchandise shall be contained in the required setbacks; K. Repair service establisluuents such as household appliances, radio and TV and similar uses, but not including automobile repairs; L. Multiple family dwelllings, provided, however, that in no case shall there be uure than fifteen (15) dwelling units per net residential acre. 637.85 ACCESSORY USES AND STRUCTURES Customary accessory uses of one or more of the principal uses clearly incidental and subordinate to the principal use, in keeping with the low density commercial character of the district are permitted. MICROFILMED 3.14-80 • • (30) 637.87 SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUS is A. Public utilities uses and rights -of -way. B. Veterinary hospitals and clinics providing that the following conditions are met: 1. All areas used for boarding or temporary 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 AdjusLluent. 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. Mini= Lot Area: 15,000 SQ. FT. 2. Minimimi Lot Width: 100 FT. 3. Minimum Lot Depth: 100 FT. 4. Maximum Lot Coverage: 257 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 FF. 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. MICROFILMED 3-14-80 • (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; (b) . (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). Greasing and lubrication; (g). Providing and repairing, fuel pumps and lines; MICROFILMED 3-14-80 • (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 motor 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; (n). The rental of moving or travel trailers and trucks**; %* Notwithstanding the provisions of this paragraph, re- quirements as set forth in the Southern Buildir; 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 body work, straightening of body parts, painting, welding (other than minor repairs), storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a major repair garage nor a body shop. MICROFILMED 3-14-80 (32a) 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. Mobile home parks, subject to the provisions of Chapter 641. H. Establishments dispensing alcoholic beverages. • MICROFILMED . 3-14-80 - -w • (33) 637.89 PROHIBITED USES AND STRUCTURES A. Residential uses, except as specifically permitted; B. Outdoor sales and/or display areas except as provided herein; C. Manufacturing activities, transportation terminals, storage warehousing and other activities of a similar nature; D. All uses not specifically or provisionally permitted herein; E. Any use which fails to meet "Performance Standards" specifications as provided in Chapters 639.13 to 639.41 inclusive. F. Theatres, Drive-in theatres, bookstores and photographic studios. 637.91 AREA AND DIMENSION REGULATIONS: C-1 PiLinimum 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: All other principal uses and structures; 50 FT. Multiple family dwellings, hotels, motel and all other principal uses and structures; 100 FT. Maximum Lot Coverage: Multiple family dwellings: 257 Hotels and Motels: 40% All other principal uses and structures: 50% • MICROFILMED 3-14-80 • (34) 637.91 (Cont.) Minimum Living or Floor Area: Multiple family dwellings, hotels and motels: One bedroom: 850 SQ. FT. per dwelling unit. Two bedroom: 1,050 SQ. FT. per dwelling unit, plus 200 SQ. FT. for each additional bedroom. Hotels and Motels: 300 SQ. FT. per rental unit (Hotel and motel units containing provisions for cooking or light housekeeping shall meet the regulations of Multiple Family Dwellings) All other principal uses and structures: 300 SQ. FT. Maximum Height: Multiple family dwellings, hotels and motels: 45 FT. Front: All other principal uses and structures: 40 FT. MINIMUM SETBACK REQUIREMENTS: C-1 Multiple family dwellings, hotels and motels and all other principal uses and structures: 25 FT. Side Interior Lot: Side Corner Lot: Multiple family dwellings: 15 1.'1. plus 3 FT. for every 10 FT. or increment thereof over 20 FT. in height. Hotel, motels and all other principal uses and structures: 0 .LT.; 25 r'1' . when abutting a residential zoned district. Multiple family dwellings, hotels and motels and all other principal uses and structures: 25 FT. MICROFILMED 3-14-80 • (35) 637.91 (Cont.) Rear: Multiple family dwellings: 20 FT. plus 2 FT. for each 10 FT. or increment thereof over 20 FT. in height. Hotels, motels and all other principal uses and structures: 10 FT.; 25 FT. when abutting a residential zoned district. 637.93 LANDSCAPING AND SCREENING Defined in Chapter 639 (Supplementary District Regulations) of this ordinance. 637.95 Or'F-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 commercial center serving th.e commercial needs of the comrnmity an.d 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 STfRUCTURES The following uses and structures are permitted for any use or group of uses that are developed, either seapartely, or as a unit with certain stie improvements shared in common, on a site of three (3) acres or less: A. Retain stores, sales and display rooms; B. Personal service establishments such as beauty and barber shops, laundry and dry cleaning pickup stations, tailor shops, and similar uses; • MICROFILMED 3-14:80 • (36) 638.03 (Cont.) C. Professional offices, studios, clinics, laboratories, general offices, business schools and similar uses; D. Hotels, motels - in no case shall there be more than thirty (30) rental units per net residential acre; nor shall a rental unit have a floor area less than 300 SQ. FT.; E. Eating and drinking establishments; F. Public and semi-public parks, playgrounds, clubs and lodges, cultural facilities, hospitals, clinics, restoriums, mortuaries, funeral homes, government offices, schools, churches and similar uses; G. Banks and financial institutions; • H. Public and private parking lots and garages; I.. Commercial recreation such as driving ranges, bowling alleys, and similar uses; J. Plant nurseries and greenhouses, providing that all outside display of merchandise shall be contained in the required setbacks; K. Repair service establishments such as household applicances, radio and TV and similar uses; L. Multiple family dwellings, provided, however, that in no case shall there be more than fifteen (15) dwelling units per net residential acre. M. Wholesaling from sample stock only with no production permitted on the premises; N. Any other retail sales outlet of products sold directly to the consumer; 0. Dry cleaning establishments using non -inflammable solvents and cleaning fluids as determined by the Fire Chief; MICROFILMED 3-14-80 638.03 (Cont . ) P. Business service establishments; Q. (37) 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 propose 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 There merchandise is displayed shall be paved; 2. All ingress and egress points to abutting streets shall be marked clearly and placed not closed than one hunderd 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. 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 commercial character of the district are permitted. MICROFILMED 3-14-80 • • (38). SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT Public utility uses and rights -of way. B. Veterinary hospitals and clinics providing that the following conditions are met. 1. All areas used for boarding or temporary housing of animals shall be completely enclosed unless appropriate safeguards are constructed to control objectionable odors and/or noises, as determined by the Board of Adjustment; 2. Any area used for boarding or temporary housing of animals shall be buffered from all adjacent properties by a visual screen, 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. Minim m Tot Arca: 15,000 SQ. FT. 2. Minimum Lot Width: 100 FT. 3. Minimum Lot Depth: 100 FT. 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: Pump Islands: Canopy: 25 FT. 20 Fr. MICROFILMED 3-14-80 (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 closed 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 he 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. • M ICROFILMED 3-14-80 (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, requriements 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 goods for service station customers, as accessory and incidental to principal operation; (m). Provision of road reaps 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 perfoLcned 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. MICROFILMED 3.14a8O (44 • 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. Mobile home parks, subject to the provisions of Chapters 641.61 and 641.63; H. Marinas. • MICROFwILMED 3-14-80 • (41) PROHIBITED USES AND STRUCTURES Residential uses, except as specifically permitted. B. Manufacturing activities, transportation terminals, storage, warehousing and other activities of a similar nature; C. All uses not specifically or provisionally permitted herein; any use not in keeping with the intense commercial character of the district; D. Any use which fails to meet "Performance Standards" specification of Chapters 639.13 in inclusive; E. Automotive repair establishment which provide body work, upholstery or painting services; F. Drive-in theatres, theatres, book stores, and photographic studios. 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: 50 FT. Minimum Lot Depth: 100 FT. Maximum Lot Coverage: 75% Minimum Floor Area: 300 SQ. FT. Maximum Height: 40 FT. MINIMUM SETBACK REQUIREMENTS: C-2 Front: 25 FT. Side Interior Lot: None; 25 FT. when abutting a residential zoned district. Side Corner Lot: 25 FT. Rear: 10 FT. MICROFILMED 3-14-80 • (42) 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 S1RUCILRES A. Multiple family dwellings, 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 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 two hundred (200). C. Office buildings, studios, clinics containing at least twenty thousand (20,000) square feet of area. D. Commercial amusement enterprises suchas 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. • MICROFILMED 3-14-S0 (43) 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: antique shops, art galleries, automobile rental, confectionary, ice cream or coffee shops, eating and drinking establishments, florist, furrier, gift shop, jewelry, jewelry store, laundromat. laundry and dry cleaning pick up station, luggage store, millinery, personal services, newsstand, shoe store, sporting goods, wearing apparel store, wig shop. Eating and drinking establishments as accessory uses.are not required to meet the two hundred (200) seat minimum capacity. 638.27 SPECIAL EXCEPTIONS PERMISSABTF 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, automobile rental, confectionary, ice cream or coffee shops, drug and sundry shops, delicatessen and food shops, florist, furrier, gift shop, jewelry store, laundromat, laundry and dry cleaning pickup stations, luggage store, millinery, newsstand, personal services, shoe store, sporting goods store, wearing apparel store, wig shop. E. Public utility uses and rights -of -way. F. Establishments dispensing alcoholic beverages. • M ICROFILMED 3-14-80 • 638.27 (Cont.) G. The Board of Adjustment may approve an outdoor commercial recreation and/or amusement enterprise activity within the Tourist District (T-I) 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/ cement 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 resents 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 peLmmitted. 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. (44) 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 accompanied by hours of operation which the Planning and Zoning Board considers acceptable and reasonable with respect to the proposed activities and their noise characteristics. • • MICROFILMED 3-14-80 45) .... 4 638.27 (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 of the buffer strip except for street openings. Newly planted screen shallmeet the height 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 Planning and Zoning Board upon recommendations 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 of 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 which, 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, morals 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 he submitted containing a graphic depiction of all of the following: r;. • •M I CROFILMED 3-14-80 (46) .« 638.27 (Cont.) (a) Name, 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; 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; (f) (g) (h, 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; (i) Location and dimension of all existing and proposed paved traffic circulation facilities, sidewalks, bikeways, and curbs and gutters; (j) Location and dimension of all existing and proposed parking areas and loading areas; (k) Location and dimensions of all existing and proposed fire hydrants, meters, water and sewer lines, and subsurface power and telephone lines; (1) 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; (m) • MICROFILMED 3-14-80 (47) ..r 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 nmof f . - Centerline elevations along 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. MICROFILMED 3-14-80 (48) 638.29 PROHIBITED USES AND STRUCTURES A. Residential uses except as specifically permitted herein. B. All uses not specifically or provisionally permitted herein; any use not in keeping with the tourist character of the district. C. Drive-in theatres, theatres, book stores, and photographic studios. 638.31 AREA AND DIMENSION REGULATIONS: T-1 Minimuun Lot Area: Minimum Lot Width: Minimum Lot Depth : Maximum Lot Coverage: Maximum Height: Minim,m, Living or Floor Area: Multiple Family': Efficiency: One Bedroom: TWo Bedroom: Nbtels, Hotels: Other than above: MINIMUM SETBACK REQUI Front: Side Interior Lot: Side Corner Lot: Rear: • 6,000 SQ. IT. 50 FT. 120 FT, 40% 60 FT, 450 SQ. FT. 850 SQ. FT. 1,050 SQ. FT., plus 200 SQ. F1'. for each additional bedroom Floor area shall be 300 SQ. FT. per rental unit. 600 SQ. FT. 101 S: T-1 25 FT. plus 2 FT. for each 10 FT. of building height or increment thereof over 40 FT. 15 FT. plus 2 FT. for each 10 FT. of building height or increment thereof over 40 FT. Same as front. 20 FT. plus 2 FT. for each 10 FT. of building height or increment thereof over 40 FT. • e• MICROFILMED 3-I4.80; (49) 638.33 LANDSCAPING AND SCREENING Defined in Chapter 639 (Supplementary District Regulations) of this ordinance. 638.35 OFF-S •a T PARKING AND ACCESS Off-street parking and access to a public or private street shall be provided in accordance with Chapter 639. 638.41 M-1: LIGHT INDUSTRIAL AND RESEARCH AND DEVELO't01 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; 1 • • 'M JC,RoFI LMED 3.14 $o. ( 68.43 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, 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. 638.45 ACCESSORY USES AND STRUCTURES, A. Retail sales of products manufactured, processed or stored upon the premises. B. Customary accessory uses of one or more 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 PERMISSIBLE BY BOARD OF ADJUSTMENT A. Public utility uses and rights -of -way. B. Radio and television studios, broadcasting towers 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, (50) MICROFILMED 3-14-80 638.49 PROHIBITED USES AND STRUCTURES A. Residential uses. B. M tels, 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 establisluiients except as specifically permitted. F. Open outside storage of materials. G. All uses not specifically or provisionally permitted herein; and uses not in keeping with the light industrial and research and development character of the district. H. Any use .deemed objectionable by the standards established in Chapter 639 (Performance Standards of this ordinance. 638.51 AREA AND DIMENSION REGULATIONS: M-1 Minimum Lot Area: 10,000 SQ. FT, Minimum Lot Width: 75 FT. Minimum Lot Depth: 100 FT. Maximum Lot Coverage: 50% Minimum Floor Area: 300 SQ. FT. Maximum Height: 40 FT. MINIMUM SETBACK REQUIREMENTS M-1 FLULlt : 25 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 FT. Rear: 15 FT, except where industrial property abuts a residential district in which case the minimum rear yard requirement shall be 25FT. MICROFILMED 3-14-80' (52) 638.53 LANDSCAPING AND S as Defined in Chapter 639 (Supplementary District Regulations) of this ordinance. 638.55 PERFORMANCE STANDARDS Defined in Chapter 639 (Performance Standards) of this ordinance. 638.57 PARKING AND LOADING Defined in Chapter 639 (Off -Street Parking and Loading Regulations) of this ordinance. 638.61 M-2: LIGHT INDUSTRIAL AND 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 AND STRUC1URES 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; MICROFILMED 3-14-80 • (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, phonograph 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. t i .]_ 9 "I .7 storage; E. WareilUuSillg ai:iu wiiOleSaiii�g including refrigerated �.,�..t,.-, 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, inclining those of an industrial nature such as treatment plants, equipment storage and garage. MICROFILMED 3-14-80 • • (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 PERMISSIBLE 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. Establishments 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 for in this zoning district. 638.69 PROHIBITED USES AND STRUCTURES A. Residential uses, except as provided under accessory uses. B. Mbtels, 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. MICROFILMED 3-14-80 • (55) 638.6(Cont.) H. Any use deemed objectionable by the standards established in Chapter 639 (Performance Standards) of this ordinance. 638.71 AREA AND DIMENSION REGULATIONS: M-2 Minimum m Lot Area: 20,000 SQ. FT. and in addition the ratio of gross floor area to lot area shall not exceed 2.0:1.0. Minimum Lot Width: 100 FT. Minimum Lot Depth: 150 FT. Maximum Lot Coverage: 75% Minimum Floor Area : 900 SQ. FT. Maximum Height: 40 FT. MINIMUM SETBACK REQUIREMENTS M-2 Front: 35 FT. Side Interior Lot: 0 FT., except where a district (other than residential) 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 35 FT. Side Corner Lot: 35 FT. Rear: 15 FT.; 10 FT. when abutting an alley; 35 FT.when abutting a residential district. 638.73 LAUNDSCAPING 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. MICROFILMED 3714-80 • 638.81 M-3: Dr* INDUSTRIAL DISTRICT (56) 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 and 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. C. Manufacture of: 1. Instruments for controlling, measuring and indicating physical characteristics; 2. Optical instruments and lenses; 3. Surgical, medical and dental instruments and supplies; 4. Ophthalmic goods; 5. Watches, clocks, clockwork operated devices and parts; 6. 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. MICROFILMED 3-14-80 (57) • 638.83 (Cont.) D. Eating establishments. Warehousing and wholesaling including refrigerated storage; outside storage areas shall be walled on all sides. F. Service and repair establishments, welding shops, dry cleaning and laundry plants, printing plants, taxidermists and similar uses. G. Light manufacturing, processing and assembly, such as precision manufacturing, electrical 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 lime. 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. M. Storage of liquified petroleum products providing that all such uses cosily 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. MICROFILMED 3-14-80 • • (58) 638.85 ACCESSORY USES AND STRUCTURES A. Retail sales of products manufactured, processed or stored upon the premises. B. Not more than one dwelling unit for 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 PERMISSIBLE 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. Establ shm-nts dzspcnsing 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 PROHIBITED USES AND STRUCTURES A. Residential uses, except as provided under accessory uses. B. Motels, hotels, boarding and lodging houses. C. Automobile wrecking yards, junk yards, scrap and salvage yards. 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. MICROFILMED 3.14-80 • 638.91 AREA AND DIMENSION REGULATIONS: M-3 Minimum Lot Area; Minimum Lot Width: Minimum Lot Depth: Maximum Lot Coverage: Minimum Floor Area: Maximum Height: (59) 30,000 SQ. FT. and inaddition, the ratio of gross floor area to lot area shall not exceed 2.0:1.0. 100 FT. 200 FT. 75% 1,500 SQ. FT. 40 FT. MINIMUM SETBACK REQUIREMENTS M-3 Front: 50 FT. Side Interior Lot: 0 FT.,except where a district (other than residential) requiring such setback, such use will provide the same setback shall be 50 FT. Side Corner Lot: 50 FT. Rear: 15 FT., 10 FT. when abutting an alley, 50 FI'. 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. MICROFILMED 3-14-80 (60) 639.01. OFF-STREET PARKING REGULATIONS A. Definition of 0ff-Street Parking Space: For the purposes of this ordinance, the term 'off-street parking space" shall consist of a minimum paved area of two hundred (200) SQ. FT. with minimum dimensions of 10 F1'. by 20 FT. for parking an automobile, exclusive of access drives or aisles thereto. B. Requirements 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 Buildin s: One space of each three hum e SQ. FI' . o 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 tlenty-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: T..D spaces for each patient bed. 6. Libraries, Museums: Off-street parking spaces equal in area to 50% of the floor area open to the public. 7. Manufacturing and Industrial Uses: One space for each employee on the largest working shift, 8. Medical or Dental Clinics: or treatment room plus one 9. 1brtuaries: 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. MICROFILMED 3.14-80 • (61) 639.01 (Cont.) 10. Nursing or Convalescent Homes and Sanitariums: One (1) space Er eac our (4) patient beds. 11. Office and Professional Buildings (excluding Medical and Dental Clinics): One space for each three hundred (300) BT—T776f 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 assembly room, whichever is greater. 13. Residential Uses (including Single, Two and Multiple Family Dwellings,and Mobile Homes): Two•spaces for each living unit. 14. Restaurants or Other Eating Places: One (1) space for each three (3) seats or seating places. 15. Rooming, Boarding Houses: One (1) space for each bed. 16. Schools: (a). Colleges, technical and vocational schools: one (f) space for each student. High School: One (1) space for each two (2) students. (b) . (c). Junior High, Elementary, Kindergarten, Nursery One (1) space per classroom, plus one space for each administrative office. 17. Transient Lodging Facilities: One space for each sleeping unit, 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 determnng 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 homes may be located in a common parking facility not more than two hundred (200) feet distant from the nearest boundary of the site. MICROFILMED 3N14-SO (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. 037.03 3. Parking requirements for two (2) or more uses of the same or different types, may be satisfied by the allocation of the required number of spaces for each use in a common parking facility, but in no event shall an individual parking space be allocated for more than one use. 4. Required off-street parking areas for five (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 moving 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. 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. Ff. 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 following minimum dimensions: Length: 45 FT. Width: 12 FT. Height: 14 FT. MICROF1LNMED 3.14-80 • (63) 639.05 HOME OCCUPATIONS 639.07 PERMITTED HOME OCCUPATIONS Customary home 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 HOME OCCUPATION REO 'ON S A. Home occupations are permitted within the confines of any dwelling unit, provided all restrictions of 639.09 are complied 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 roans 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. M1CROEILMED 3.14.80 • (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 townhouse structures, no display of goods or external evidence of the home occupation shall be permitted other than one (1) non -illuminated name plate, not exceeding two (2) SQ. FT. in area, which may be displayed affixed flat against the exterior surface at a position not more than two (2) r'L'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. I. 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 normally be expected in a residential neighborhood are prohibited. J. No stock in trade or commodities, other than those prepared, produced or created on the premises by the operator of the home occupation, shall be kept or sold on the premises: K. No motor power other than electric motors shall be used in conjunction with a home occupation. The total horsepower of such motors shall not exceed three (3) horsepower, or one (1) horsepower for any single motor. L. No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, 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. MICROFILMED 3-14-80 (69) 639.11 OCCUPATIONAL LICENSE REQUIRED Permitted home occupations shall comply with the City of Cape Canaveral Occupational License Tax. 639.12 GARAGE SALES The non-commercial sale of privately owned items at retail from a residential premises, commonly known as a garage sale (or yard sale), shall comply with the following 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 days 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 thesame premises by the same household are permitted one hundred eighty (180) days after the close of the preceeding such sale. v. A ,.e 4 4 d 1 displayed sign specifying a garage or yard same «gay ISpiayeLL an 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 actiia1 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. • C• MICROFILMED 3-14-80 (66) 639.17 ADMINISTRATION AND ENFORCE ENT OF PERFORMANCE 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 from the place of the action, or if the source of the sound is on private property, measured from the nearest property line. t^� MICROFILMED 3-14.30 (67) 639.21 (Cont.) 3. Any noise of an impulsive or intermittent character, such as hammering, stamping 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) 1,1. distant from the noise being measured, no closer than five (5) ±r. 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 n nufactured according to the American National Standard.. Institute ANSI Standard S 1.4-1971, which has been calibrated in accordance with ANSI Stanriards 4. See City of Cape Caiaveral Noise Ordinance 639.23 SMOKE AND PARTICUI ATl MAf1iR STANDARDS A. Requirements: The amount 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 -weighted 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 Ringlemann Smoke Chart, provided however, that smoke equal to but not in excess of that shade of appearance described as Number 2 on the Ringlemann Chart may be emitted for a period totaling four (4) minutes in any thirty (30) minutes. MICROFILMED 3.14-80 • (68) 639.23 (Cont.) For the purpose of grading the density of smoke, the Ringlemann 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 swell can he achieved. C. Locational Requirement: Noxious odors shall be measured as specified at any point twenty-five (25) FT. in radius from the point of origin. 63a 27 TOXIC CASES, FUMES,"ADCMc L 1 A'l•F LTh ✓i i. <i CASES, VL11 VIAL, 1'1C1 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 intothe 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 maxinr= 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 boundaiieof the site. • MICROFILMED 3.14-80 (69) 639.29 (Cont.) D. Permitted Vibration Transmissions: Frequency Maxium 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 boundaiy,•and (b) distance of the lighting element or structural material from the nearest boundary. As set forth in the following table, elaments or materials below the minimum elevation required of each distance shall be shielded or otherwise screened to prevent transmission of light or glare beyond the site: Distance from Site Boundary 50 Feet 60 Feet 70 Feet 80 Feet 90 Feet 100 Feet 639.33 FTfl a 0MAGNETIC RADIATION Required Minimum Elvation (for Lighting Sources or Elements) 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 Communications Commission regarding such sources of electromagnetic radiation. • MICROFILMED 3-14-80 • (70) 639.35 HEAT AND HUMIDITY Any use producing humidity in the form of steam or mist 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 comply with the fire regulations of the NFPA. 639.39 RADIATION HAZARDS Applicable standards of the Florida State Board of Health Sanitary Code are hereby adopted. 639.41 STREAM POLLUTANTS No effluent shall be discharged into any stream or waterway unless meeting state standards. Discharges into the -City of Cape Canaveral sewerage system shall be as approved by the City Engineer. 639.43 SUPPUMENTARY DISTRICT REGULATIONS 639.45 BUILDING SETBACK LINES A. All properties within the city limits of Cape Canaveral which abut the following roads shall maintain these minimum building setback lines: 1. Highway AlA (Portions known as North Atlantic Avenue and Astronaut Blvd.) a. Setback.on east side from southern city boundary north to North line of Section 23, 24, 37, will be fifty (50) feet from highway right-of-way, and setback 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 A1A from southern city boundary to northern city boundary shall be seventy-five (75) feet from the highway right-of-way. 2. North Atlantic Avenue (that portion of North Atlantic Avenue also known as Palm Avenue.) Setback, each side, from its intersection with Nbnroe Avenue to the Northern City Boundary shall be fifty (50) feet from the right-of-way. 1VFIc.ROF1LMED 3-14-80 • (71) 639.45 (Cont.) 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 STRUCTURE 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 ENCROACHMENTS 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. r MICROFILMED 3-14-80 • (72) 639.49 (CONT.) D. Fire escapes, stairways, and balconies which are unroofed and unenclosed may project not over five (5) feet into a required rear setback 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 Conrnercial 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. I. Other than listed above in G and H, no required landscape butter shall be used for any parking space or backout area. J. 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 S'1RUCTURES No accessory structure shall be erected inany required front or side setback 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 same lot nor within fifteen (15) feet of any lot line and shall not exceed twenty-four (24) feet in height. However, lots with a one or two family residence only may erect one (1) additional accessory structure per unit, not to exceed one hundred (100) square feet with maximum height of ten (10) feet if detached; or thirty-two (32) square feet with maximum height of ten (10) feet if attached, in rear setback. Accessory buildings shall be constructed simultaneously with, or following, the construction of the main building. No hone occupation or business may be conducted in an accessory building. No accessory building which contains living quarters shall be built on any lot in any residential district. • r M ICROFI.LMED 3-14-80 • (73) 639.53 VISIBILITY AT INTERSECTIONS 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 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 twenty-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 required setback or along the edge of any lot line provided that in any residential district, no fence, wall or hedge along any side lot line, or back lot line shall be over six (6) feet in height nor over four (4) feet in height along any front lot line. . 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 STRUCTURES 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 RECREATIONAL AND CAMPING EQUIPMENT FOR LIVING OR OCCUPANCY PURPOSES A. No person shall occupy or reside in any travel trailer, camper trailer, camper (truck mounted), motor travel home or tent in . any location within the City other than a duly licensed and approved trailer park, except as hereinafter provided. B. Any person desiring to locate their travel trailer, camper (truck mounted), motor travel home or tent in any space other than a duly licensed and approved trailer park as aforesaid, shall be required to secure written permission from the building Official. All such permits issued under this section shall be 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. - • MICROFILMED 3-14-80 (74) 639.61 (Cont.) 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 equipuent 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 STORAGE 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 than in completely enclosed buildings. Automotive vehicles or trailers of any kind shall not be stored or parked on any vacant lot unless the following conditions are met: 1. 2. 3. Consent of the lot owner. Current license plates displayed on vehicle or trailer. Vehicle or trailer shall be in operable condition. B. 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. • MICROF11.ME0 3-14-80 (75) 639.65 NTNIMUM W DTH 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 from the minimum width requirement. 639.67 WATER AREAS All areas within the City which are under water and not shown as included within any district, shall be subject to all the requirements of the district which inmediately 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 S ' a ING FOR COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS Wherever the boundary of a colamercial or industrial zoning district abuts upon a residential zoning district, a visual screen shall be provided within the required setbacks of such commercial or industrial zoning district, meeting the following specifications: A. Such visual screen shall be provided along the entire length of the commercial or 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 .(80%) opaque, within a period of two (2) years after such screen is provided, and shall be not less than four (4) feet in height nor more than six (6) feet in height. C. Landscaping area for parking areas of more than ten (10) spaces shall comprise at least 10% of the total parking area, and shall consist of islands of grass, hardy shrubs or evergreen ground cover. D. All areas not paved shall be landscaped with grass, hardy shrubs or evergreen ground cover. E. Location of screening and landscaping and subsequent maintenance shall be subject to the approval of the Building Official. MICRO.EILMED 3-14-80 • (76) 639.71 SEWAGE DISPOSAL No building permit shall be issued unless provisions are included to connect into the City sewage collection system, and until the County Health Department verifies that the plans for water and sewer facilities comply with the Florida State Health Department regulations. 639.73 'SWIMMING POOLS AND ENCLOSURES Swimning.pools, open and unenclosed, or covered by a screen enclosure, may occupy a required rear or side yard provided they are not located closed 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 swimming pool shall be protected by an approved safety barrier and comply with the Swimming Pool Code of the Southern Building Code Congress. 639.75 VEHICULAR USE AREAS All couniercial and industrial areas used for the display or parking of any and all types of vehicles, boats or heavy construction equipment, and all land upon which vehicles 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 an have the approval of the Florida State Board of Health and the Atomic Energy Commission. In addition, such uses shall require the approvel of the City Council which shall act only after receiving 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 adequate to serve the needs of the customers and employees of the commercial use. 639,81 SIDEWALKS REQUIRED Construction of sidewalkk shall be required in conjunction with the construction of any building on a property abutting a City Street. Construction of said sidewalks shall be completed prior to the issuance of a Certificate of Occupancy, and the costs of construction shall be borne by the property owner. Construction of sidewalks shall be in- accordance with City specifications. 639.83 (UNUSED) 639.85 (UNUSED) r-• MICROFILMED 3-14-80 (77) DEDICATED PUBLIC LAND Dedicated public streets, walkways, alleys or accessways shall not be closed or relocated as part of or in conjunction with any private development scheme. 641. SCHEDULE OF SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF ADJUSTMENT 641.01 ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES A. Establishments which shall require a Special Exception by the Board of Adjustment are those licensed by the Florida Beverage Department for the purpose of permitting the dispensing of alcoholic beverages, whether for on -premises consumption or for package retail sales. In consideration of a Special Exception application, the Board of Adjustment shall not approve the application unless it.is totally consistent with all of the conditions as set forth above, and also the following conditions: 1. The establishment shall not be within three hundred (300) feet of any existing church, school grounds or playgrounds; measurement shall be made from the main entrance of the establishment to the closest lot line of the church, school grounds or playgrounds by following the shortest rouLe 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 -premise consumption of beverages shall not be located within two thousand (2,000) feet of another establishment so licensed: The specific distance shall be measured following the shortest route to ordinary pedestrian travel along the public thoroughfare, street or road from the main entrance of the establishment to the main entrance of another establishment- (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 B, 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. MiCROFILMED 3-14-80 • (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. d. Location of all establishments licensed by the Florida Beverage Department (including package retail sales) , which 'are within the required -vicinity map area with specific distance(s). to the proposed establishment affixed per sub -paragraph 2. e. Existing zoning for all properties within three - hundred (300) feet to the property of the proposed establishment shall be indicated. The site plan map shall be drawn at a scale not less than 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. • M1C.ROFU ME.D 3-14-80 (79) 641.01 (Cont.) B. Exceptions to the requirement of paragraph A 2 are: 1. Restaurants seating two hundred (200) or more; 2. Hotels and motels with fifty (50) or more guest rooms; 3. Restaurants licensed by the Florida Beverage Department for malt beverages only or malt beverages and/or wine only, provided the following conditons are complied with: a. Seating capacity of the establishment shall be at least fifty (50) or more for restaurant purposes only; no area within the establishment may be specifically designed for a bar/lounge operation; b. Wine or malt beverages shall be served with meals only; c. Consumption of food and malt beverages or wine shall be nn-premise only; however, food carryout without said alcoholic beverages may he 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. C. The Special Exception may be subject to cancellation by the Board of Adjustment if the Board finds that the establishment has been deleterious to the health, safety, welfare and morals of the public and that all laws pertaining to the establishiiient'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, restaurants or cocktail lounges shall have a minimum building area of two thousand (2,000) square feet and a seating capacity of one hundred (100) patrons. MICROFILMED 3.14-80 (80) • 643 LEGALLY ESTABLISHED NON -CONFORMING LOTS, NON -CONFORMING STRUCTURES AND NON -CONFORMING USES 643.01 INTENT Within the districts established by this ordinance (or amendments which may later be adopted), there exist lots, structures, • placement of structures, uses of land and/or structures, and characteristics of use which were lawful prior to enactment of this ordinance (or amendment hereof), but which would be prohibited, regulated, or restricted under the terms of this ordinance ((yr amendment hereof). It is the intent of this ordinance to permit these non -conformities to continue, but not to encourage their continuance. Such non - conformities are hereby declared incompatible with permitted lots, structures, placement of structures, uses and characteristics of use in the applicable districts. It is further the intent of this ordinance that non -conformities shall not be used as grounds for adding other structures of uses prohibited elsewhere in the same ict. NON -CONFORMING LOTS OF RECORD Iri any district in which single family dwellings are permitted, notwithstanding limitations imposed by other provisions of the ordinance, a single family dwelling and customary accessory buildings may be erected, constructed, repaired, enlarged, extended, rebuilt, reconstructed or structurally 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 and not of continuous frontage with other lots in the sdlile ownership in the same zoning district. This provision shall apply even though such lot fails to meet the requirements for arc_ or width, or both, that are generally applicable in the district, provided that maximum lot coverage requirements, building setback lines and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. 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 th.e 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 leaves remaining any lot with width or area below the requirements in this ordinance. • MICROFILMED 3-14-80 • (80A) 643.05 NON -CONFORMING STRUCTURES Where a lawful structure exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, setback, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawfully subject to the following provisions: A. Such structure may not be enlarged or altered in a way which increases its non -conformity, but any structure or 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. • f9CROE1LMED 3-14-80 (81) 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. Where 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 MC T m�T mDMTW' USES v NON-lri viv. � „ •.3 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 teLms 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 conform to the regulations specified by this ordinance for the district in which such land is located. MICROFILMED 3.14 80 (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. 2. Any non -conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building. 3. Any structure, or structure and land in combination, in or on which a non -conforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and non -conforming use may not thereafter be resumed. 4. When 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 government action impedes access to the premises), the structure, or structures and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. 5. Where non -conforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the non -conforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than fifty (507) of the replacement cost at time of destruction. 3-14 SO MICROFILMED 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. Strh termination period shall commence 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 and machinery 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-cbiiforming shall not be permitted. 643.09 REPAIRS AND MAINTENANCE 0n 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 (1070) 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 deemed non -conforming. Any structure or use for which a Special Exception is granted as provided in this ordinance shall be deemed, as to that-parti_cular. 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. MICROFILMED 3a14-80 • • • (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 teems 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 ENFORCE►ICI - BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY 645.01 ADMINSI1'RATION AND ENFOR I>I III "T 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 inay 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. MICROFILMED p.74.80 (85) • • 645.03 BUILDING PERMITS REQUIRED A. No building or other structure shall be erected, proved, added 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 PPR 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; MICROFflJ E ' 344--80 • • (86) 645.05 (Cant.) 6. When applicable, grading and drainage plans showing any and all cuts, fills and provisions for adequately carrying off surface water on premises, plus provisions for any surface water which would naturally flow over or through the area. 7. Such other information as lawfully may be required by the Building Official, including existing or proposed building or alteration; existing or proposed uses of the building and land; the number of families, housekeeping units or rental units the building is designed to accommodate; conditions existing on the lot, and such other matters as may be necessary to determine conformance with and provide for the enforcement of this ordinance. B. All plans, other than single and two-family residences, shall be reviewed 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 mains 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. MICROFILMED 3-14-80 • • (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 issiiPd. If one or more of the five (5) departments 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 OCCUPANCY REQUIRED No land or building or part thereof hereafter erected or altered in its use or structure shall be used until the Building Official shall have issued a Certificate of Occupancy stating that such land, building, or part thereof, and the proposed use thereof are found to be in conformity with the provisions of this ordinance. M!CROEILMED 3-14-80 (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 CONSTRUCTION AND USE TO BE AS PROVIDED IN APPLICATIONS, PLANS, PERMITS AND CERTIFICA1LS OF OCCUPANCY Building permits or Certificates of Occupancy issued on she 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 ADJUS I RN 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. Members 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. Menbers of the initial Board of Adjustment shall be appointed as follows: 1ko (2) members for a term of two (2) years; Three (3) members for a term 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. • MICROFILMED 344-80 (89) 645,15 PROCEEDINGS OF THE BOARD OF ADJUSTMENT • The Board of Adjustment shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of .this ordinance. Meetings shall be held at the call of the chairman and at such other tines as a majority of the Board of Adjustment may dete.utiine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating which fact, and 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 Adjustiiient. 645.17 BOARD OF ADJUSTMENT: POWERS AND DUTIES The Board of Adjustment shall have the following powers and duties. 645.19 ADMINISTRATIVE REVIEW To Bear and decide appeals where it 1s alleged there is iiiOr in any order, requirement, decision or determination made by the Building Official in the enforcement of this ordinance. A. Hearings: Appeals, Notice Appeals to the Board of Adjustment may be taken by 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. • • MICROFILMED 3-14-80 (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 frith 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 Adjustment is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in determining whether Special Exceptions should be granted; and to grant 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 harmony with the purpose and intent of this ordinance. A Special Exception shall not be granted by the Board of Adjustment unless and until: A. A written application for a Special 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 recorunendation. 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 mail. Notice of such hearing shall be posted on the property for which Special Exception is sought, at the City Hall, and shall be published in a newspaper of regular circulation within the City of Cape Canaveral. r- MICROFILMED 3-I4-60 (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 AdjusLiuent 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, items in A and B above. D. Utilities, with reference compatibility. E. Screening and buffering with reference to type, dimensions and character. with particular reference to the to loactions, availability and 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. • MICROFILMED 3-14-80 • • (92) 645,22 (Cont.) J. Renewal and/or terLaination 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 AdjusLiuent may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a pet 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 owing to special conditions a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A Variance from the terms of this ordinance shall not be granted by the Board of Adjustment unless and until: A. A written application for a Variance is submitted demonstrating: 1. That special 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. MICROFILMED 3-14-80 (93) 645.23 (Cont.) B. All proposed Variances shall be submitted to the Planning and Zoning Board for study and written recommendation prior to submittal to the Board of Adjustment. 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. -4 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 haLmony 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. • MICROFILMED 3-149�0 • 645.25 APPLICANTS All 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 ADJUSTMENT In exercising any of the above listed powers, the Board of Adjustment may, so long as the action is in conformity with the terms of this ordinance, reverse or affiLui 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 the appeal was taken. The concurring vote of four (4) meuber_s of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the Building Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the application of this ordinance. 645.28 RECONSIDERATION OF ADMINISTRATIVE 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 shall not 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 ADJUSTMENT Any person or persons, jointly or severally aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or bureau of the governing body of 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 manner and within the time provided by the Florida Appellate rules. • MICROFILMED 3-14-8O (95) 645.31 ZONING ORDMANCE INTEMPI STATION AND DI • RCEMENT 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 Adjusunent only on appeal from the decision of the Building Official, and that recourse from the decisions of the Board of AdjusUnent 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 Amendment's to Zoning Ordinance 100.00 Application for a Special Exception or Variance. 100.00 Appeal of Administrative 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 Amendment'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. ti MICROFILMED 3-14-30 (96) 645.33 (Cont:) Compliance with the above render the petition an official City inundate for presentation to the Board of Adjustment or the City Council, as appropriate, for final decision, without fee. Where plans and specifications for construction in the City of Cape Canaveral, Florida are reviewed by the City Engineer, the actual costs of such review shall be paid by the applicant, whether a building permit is issued or not. The Building Official shall require a deposit of estimated cost upon receipt of application for building permit. 645.35 PROVISIONS OF ORDINANCES DECLARED TO BE MINIMUM REQUIREMENTS In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements, adopted for the protection of the public health, safety, morals and general welfare. Whenever the requirements of this ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances, deed restrictions or covenants, the most restrictive of that imposing the higher standards shall govern. 645.37 COMPLAINTS REGARDING VIOLATIONS Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Building Official. He shall record properly such compliant, immediately investigate and take action thereon as provided by this ordinance. 645.39 PENALTIES FOR VIOLATION Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance, shall be fined not more than five hundred (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. MICROFILMED 3-14-80 (97) 647 AYENWENTS 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 deparluuent 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 recommendation. The Planning and Zoning Board shall study such proposals to dcterinine : 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 amendment 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 recommendation within thirty (30) days following its official action on the request. City Council may extend this time limit for good cause. M1CR0FILMED 3-14-80 (98) 647.,01 (Cont:) D, No recuuiuendation for change ornendment 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 taken hereunder. F. When any proposed change of a zoning district boundary lies within five hundred (500) feet of the boundary of an incorporated or 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. When the City Council proposes a change in zoning classificction 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 prima facie proof of compliance with the requirements of this section. A failure to give notice shall not affect the validity of zoning except as to the property of the complaining owner. MICROFILMED 3.14-80 (99) 647,03 LIMITATIONS No proposal for zoning change or amendment affecting particular property or properties shall contain conditions, limiatations or requirements not applicable to all other property in the district to which the particular property is proposed to be rezoned. 647.05 RECONSIDERATION OF DISTRICT BOUNDARY CHANGES When a proposed change in district boundaries has been acted upon by the City Council and disapproved or failed to pass, such proposed change, in the same or substantially similar foiui, 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 deparLlufent 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 deeas appropriate, r�p"" riate, and without the notice procedures usually required for zoning ordinance changes. However, in no case shall the substance of a zoning requirement be changed.