HomeMy WebLinkAboutOrdinance No. 11-1962/definitionsMICROFILMED 3-13-80
ORDINANCE NO. -11- 62
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA AND KNOWN AS THE ZONING ORDINANCE
REGULATING THE NUMBER OF STORIES AND SIZE
OF BUILDING AND OTHER STRUCTURES. THE PER-
CENTAGE OF LOT THAT MAY BE OCCUPIED. THE
SIZE OF YARDS, COURTS AND OTHER OPEN SPACES,
THE DENSITY OF POPULATION AND THE USE OF
BUILDINGS, STRUCTURES, LAND AND WATER AREAS
FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PUR
POSES; FOR SUCH PURPOSES CREATING DISTRICTS
AND ESTABLISHING THE BOUNDARIES THEREOF; DE-
FINING CERTAIN TERMS USED HEREIN; PROVIDING
FOR THE METHOD OF ADMINISTRATION AND AMEND-
MENT; ESTABLISHING A BOARD OF ADJUSTMENT AND
DEFINING THE POWERS AND DUTIES THEREOF; PROVID-
ING PENALTIES FOR VIOLATION; REPEALING CON-
FLICTING ORDINANCES, AND FOR OTHER PURPOSES.
WHEREAS, for the purposes of promoting health, safety,
morals and welfare of the inhabitants of the City of Cape Can-
averal Florida, including among other things the lessening of
congei tion in streets, securing safety from fire and other dangers;
providing adequate light and air; promoting such distribution of
the population and such classifications of land uses and utiliza
tion and distribution of land development as will tend to facilit-
ate and conserve adequate provisions for transportation, water
supply, sewerage, drainage, sanitation, recreation and other
purposes, there is hereby adopted and established and official
zoning ordinance for the City of Cape Canaveral, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA:
ARTICLE I SHORT TITLE
This comprehensive zoning ordinance is hereby adopted and
shall be known and may be cited as "The Zoning Ordinance of the
City of Cape Canaveral."
ARTICLE II DEFINITIONS
For the purpose of this ordinance, certain words and terms
are hereby defined. Words used in the present tense include the
future tense. Words used in the singular number include the
plural and words used in the plural include the singular. The
word "person" includes a firm, partnership or corporation. The
word "lot" includes the word"plot" or "parcel": The word "building"
OR 11 - 62
PAGE 7 OF 54
MICROFILMED 3-13-80
includes the word " structure".
The word "shall" is always mandatory and not merely
directive. The word "used" or "occupied" as applied to any
land or building shall be construed to include the words "intend -
ed", "arranged" or "designed to be used or occupied".
ACCESSORY BUILDINGS AND USES. A subordinate building
or a portion of the main building, the use of which is incidental
to that of the dominant use of the building or land including
accessory signs, bona fide servant's quarters, and green houses
operated on a non-profit basis. An accessory use is one that is
incidental to the main use of the premises, and shall include
swimming pools. See Article XVII, Section 5.
ALLEY. A public or private way which affords only a
secondary means of access to property abutting thereon.
APARTMENT HOUSE. See Dwelling, Multiple.
BOARDING HOUSE. A building other than a hotel, where,
for compensation and by prearrangement for a definite period,
meals or lodging and meals are provided for three (3) or more
persons.
BUILDING. Any structure designed or built for the sup-
port, enclosure, shelter, or protection of persons, animals,
chattels or property of any kind.
BUILDING, MAIN. A building in which is conducted the
main or principal use of the lot on which said building is situated.
BUILDING, HEIGHT OF. The vertical distance from the grade
to the highest point of the coping of a flat roof or to the mean
height level between eaves and ridge for gable, hip or gambrel
ki roofs. Where no grade has been established the height of the build-
ing may be measured from the mean elevation of the finished lot
grade at the front of the building.
BUNGALOW COURT. A group of two or morL detached buildings
under one ownership and management and being serviced as a group
2
OR 11 - 62
PAGE 8 0F 54
MICROFILMED 3-13-80
by public utilities, each individual building consisting of
complete living accommodations for one family.
BULKHEAD. A retainer wall or structure designed to
protect the erosion of land by water action or acts of nature.
BULKHEAD LINE (INTERIOR) An artificial line established
in or along a river, watercourse, or other body of water, in
order to fix and establish the maximum distance from existing
shoreline within which filling will be permitted.
CANAL. An artificial watercourse, trench or ditch in
the earth for confining water to a defined channel.
CLINIC. A clinic is an establishment where patients,
who are not lodged over night, are admitted for examination and
treatment by one person or a group of persons practicing any
form of healing or health building services to individuals,
whether such persons be medical doctors, chiropractors, osteo-
paths, chropodists, naturopaths, optometrists, dentists, or any
such profession the practice of which is licensed in the State
of Florida.
CLUB. Building and facilities owned and operated by a
corporation or association of persons for social or recreational
purposes, but not operated primarily for profit nor to render a
service which is customarily carried on as a business.
• CONDITIONAL USE. When, after review of an application
and plans appurtenant thereto and public hearing hereon, the
uses are consistent with the General Zoning Plan and the public
interest, the Board may recommend to the City Commission an ap-
proval thereof.
CURB LEVEL. The curb level or grade is the elevation of
the street curb established by the city.
DORMITORIES. A room, apartment or building containing
sleeping accommodations which facility is operated for the use of
students or instructors enrolled in the sponsoring educational
institution.
3
OR 11 - 62
PAGE 9 OF 54
MICROFILMED 3-13-80
DWELLING. Any building or portion thereof which is de-
signed for or used for residential purposes, but not include
Trailer Coach, or a converted trailer, hotels, motels, lodging
houses and boarding houses.
DWELLING, ONE (SINGLE) FAMILY. A building designed for
or occupied exclusively by one family.
DWELLING, TWO FAMILY. A building designed for or oc-
cupied exclusively by two families.
DWELLING, MULTIPLE. A building designed for or occupied
exclusively by three or more families.
EFFICIENCY APARTMENT. A dwelling unit in which the
kitchen, living, sleeping and dining facilities are located with-
in one room.
FAMILY. One or more persons occupying a dwelling and
living as a single housekeeping unit, as distinguished from
persons occupying a boarding house, lodging house or hotel, as
herein defined.
FENCE. An artificial barrier, wall or divider constructed
in order to provide privacy, protection or decoration.
FILLING STATION. See Service Station.
FINGER.' A man-made portion of land nearly surrounded by
water, consisting of a roadway ending in a cul-de-sac and having
lots abutting on the roadway and the water.
FLOOR AREA, MINIMUM. The enclosed liveable floor area
within the dwelling exclusive of open and screened porches, car-
ports and garage.
GARAGE APARTMENT. An accessory or subordinate building,
not a part of or attached to the main building, containing living
facilities for not more than one family, which living facilities
shall not occupy more than fifty per cent of the total floor area
of said garage apartment.
4
0R 11 - 62
PAGE 10 OF 54
MICROFILMED 3-13-80
GARAGE, PRIVATE. An accessory building or a portion
of the principal building used for the storage of automobiles
of the occupants of the principal building. A carport is a pri-
vate garage.
GARAGE, PUBLIC. A building or portion thereof, other
than a private or storage garage, designed or used for the sale,
storage, servicing, repairing, equipping and hiring of motor
driven vehicles.
GARAGE, STORAGE. A building or portion thereof designed
or used exclusively for the storage or parking of automobiles.
Services, other than storage at such storage garage shall be
limited to refueling, lubrication, washing, waxing, and polishing.
GRADE FINISHED. The complete surface of lawns, walks and
driveways brought to grade as shown on the plans or designs re-
lating thereto.
GUEST COTTAGE. Living quarters within a detached acces-
sory building located on the same lot or parcel of land as the
principal building, to be used exclusively for housing members of
the family occupying the principal building and their non-paying
guests; such quarters shall not be rented or otherwise used as a
separate dwelling.
GUEST (TOURIST) HOME. A private dwelling in which.transi-
ent sleeping accommodations are provided for compensation,
especially motor tourists or travelers.
HOME OCCUPATION. Any use conducted entirely within a
dwelling and carried on by an occupant thereof, which use is clear-
ly incidental and secondary to the use of the dwelling for dwell-
ing purposes and does not change the character thereof and provid-
ed, that all of the following conditions are met; Only such
commodities as are made on the premises may be sold on the premises.
However, all such sales of home occupation work or products shall
5
OR 11 - 62
PAGE 11 OF 54
MICROFILMED 3-13-80
be conducted within a building and there shall be no outdoor
display of merchandise or products, nor shall there be any in-
door display visible from the outside of the building. No per-
son shall be engaged in any such home occupation other than
two members of the immediate family residing on the premises.
No mechanical equipment shall be used or stored on the premises
in connection with the home occupation, except such that is
normally used for purely domestic or household purposes. Not
over twenty-five per cent (25%) of the floor area of any one-
story shall be used for home occupation purposes. No sign shall
be used other than one non -illuminated name plate attached to
the building entrance, which plate shall not exceed two (2)
square feet in area. Each location shall be approved by the
Board of Zoning Adjustment. Fabrication of articles such as
are commonly classified under the terms "arts and handicrafts"
may be deemed a home occupation, subject to the other terms
and conditions of this definition. Home occupations shall not
be construed to include barber shops, beauty parlors, tearooms,
food processing, restaurants, sale of antiques, commercial
kennels, real estate offices or insurance offices.
HOTEL. -Any building or group of buildings containing
sleeping room accommodations for twenty-five (25) or more guests
and providing service generally provided by a hotel and re-
congnized as a hotel in the community in which it is situated,
or by the industry.
JUNK YARD. An open area where waste, used or second hand
materials are bought, sold, exchanged, stored, baled, packed, dis-
assembled or handled, including but not limited to scrap iron and
other metals, paper, rags, rubber tires and bottles. A junk yard
includes and automobile wrecking yard.
LAUNDRY, SELF SERVICE. A business that provides home type
washing, drying and/or ironing machines for hire to be used by
customers on the premises.
6
OR 11 - 62
PAGE 12 OF 54
MICROFILMED 3-13-80
LOADING SPACE. A space within the main building or on
the same lot, providing for the standing, loading or unloading
of trucks or other motor vehicles.
LODGING HOUSE. A building other than a hotel or boarding
house where lodging for three (3) but not more than twenty-four
(24) persons is provided for definite periods for compensation
pursuant to previous arrangements.
LOT. A parcel of land occupied or intended for occupancy
by use permitted in this ordinance including one principal build-
ing together with its necessary buildings, the yard areas and
parking spaces required by this ordinance and having its princi-
pal frontage upon a publicly owned or maintained street or upon
an approved place. When a bungalow court is being considered,
a lot shall refer to a parcel of land devoted to the individ-
ual buildings in such bungalow court.
LOT, CORNER. A lot abutting upon two or more streets
at their intersection.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two
(2) non -intersecting streets as distinguised from a corner lot.
LOT OF RECORD. A lot which is part of a subdivision, the
map of which ha's been recorded in the office of the Clerk of the
Circuit Court of Brevard County or a parcel of land, the deed of
which was recorded in the office of the Clerk of the Circuit
Court of Brevard County.
LOT WIDTH. The mean horizontal distance between the side
lot lines, measured at right angles to the depth.
LOT DEPTH. The depth of a lot is the distance measured in a
mean direction of the side lines of the lot from the middle
point of the front line to the middle point of the opposite rear
line of the lot.
LOT REVERSED CORNER. A corner lot the street side lot
line of which is substantially the continuation of the front lot
7
OR 11 - 62
PAGE 13 OF 54
MICROFILMED 3-13-80
line of the first lot to its rear.
MOTEL. A building or groups of buildings, whether de -
tacked or in connected units, used as individual sleeping or
dwelling units designed primarily for transient automobile
travelers, and providing for accessory off street parking
facilities adjacent to each unit and having individual unit
entrances, opening to the outside. The term "MOTEL" includes
buildings designated as auto courts, tourist courts, motor
lodges and similar applications.
NON -CONFORMING USE. The use of a building, or portion
thereof, or land, or portion thereof, which does not conform
with the use regulations of the district in which it is located.
NURSING (CONVALESCENT) HOME. A home for the aged, chron-
ically ill or incurable persons in which three or more persons
not of"the immediate family are received, kept or provided with
food and shelter or care for compensation; but not including
hospitals, clinics or similar institutions devoted primarily to
the diagnosis and treatment of the sick or injured
OCEAN BEACH. For the purpose of this ordinance, the
ocean beach shall be all land or water as measured from the high
water mark of the mean Spring Tide of the Atlantic Ocean pro-
jected easterly one -thousand (1,000) feet to the eastern corp-
orate limit line of the city and projected westerly from said
high water mark to the eastermost top edge of the ocean bluff
line.
OCEAN BLUFF LINE. The eastermost projection of the top
edge of the natural vegetated ocean bluff or dune which meanders
along the shore of the Atlantic Ocean or as established by a
United States Coast and Geodetic Survey. In the absence of
a clearly defined or recognizable bluff or dune, the city may
elect to establish an ocean bluff line by measuring west or
OR 11 - 62
PAGE 14 OF 54
MICROFILMED 3-13-80
westerly a distance of sixty (60) feet from the high water
mark of the mean Spring Tide of the Atlantic Ocean.
PLANNING AND ZONING BOARD. The planning and Zoning
Board of the City of Cape Canaveral, Florida.
SERVICE STATION. Any building, structure, or land used
for the dispensing sale or offering for sale at retail of any
automobile fuel, oils or accessories and in connection with
which is performed general automotive servicing as distinguished
from automotive repairs.
STORY. That portion of a building included between the
surface of any floor and the surface of the next floor above
it, or if there be no floor above it, then the space between
such floor and ceiling next above it.
STREET. A public or private thorofare which affords the
principal means of access to abutting property. This inbludes
lane, place, way or other means of ingress or egress regardless
of the term used to describe it.
STREET RIGHT-OF-WAY LINE. The dividing line between
a lot, tract or parcel of land and contiguous street.
STRUCTURE. Anything constructed, erected or placed, the
use of which requires more or less permanent location on the
ground or attached to something having a permanent location on
the ground and shall include tents, lunch wagons, dining cars,
camp cars, or other structures on wheels or other supports and
used or intended for business or living quarters, excluding fences
not over six (6) feet above the natural grade.
STRUCTURAL ALTERATION. Any change except for repair
or replacement in the supporting members of a structure, such as
bearing walls or partitions, columns, beams, or girders, or any
substantial ,change in the roof or in the exterior walls.
SWIMMING POOL. Any Constructed pool used for swimming or
bathing over twenty-four (24) inches in depth or with a surface
9
OR 11 - 62
PAGE 15 OF 54
MICROFILMED 3-13-80
area exceeding two hundred fifty (250) square feet.
TRAILER COACH. Any vehicle used, or so constructed as
to permit its being used as a conveyance upon the public streets
or highways and duly licensible as such and which is contruct-
ed to permit occupancy as a dwelling or sleeping place for one
or more persons.
TRAILER PARK. A park, licensed and approved by the
State Board of Health and established to carry on the business
of parking trailer coaches.
YARD. An open space at grade between a building and
adjoining lot lines unoccupied and unobstructed by any portion
of a structure from the ground upward, except as otherwise
provided herein. In measuring a yard for the purpose of de-
termining the width of a side yard, the depth of a front yard
or the depth of a rear yard, the minimum horizontal distance
between the lot line and the principal building shall be used.
YARD, FRONT. A yard extending across the front of a lot
between the side yard lines and being the minimum horizontal
distance between the street line and the principle building or
any projections thereof other than the projections of uncovered
steps, uncovered balconies or uncovered porches. On corner lots
the front yard shall be considered as parallel to the street up-
on which the lot has its least dimension.
YARD, REAR. A yard extending across the rear of a lot
between the side lot lines and being the minimum horizontal dis-
tance between the rear of the principal building or any projec-
tion thereof other than the projections of uncovered steps,
balconies or porches. On all corner lots the rear yard shall be
at the opposite end of the lot from the front yard.
YARD, SIDE. A yard between the principal building and
the side line of the lot and extending from the front line to the
10
OR 11 - 62
PAGE 16 OF 54
MICROFILMED 3-13-80
rear yard and being the minimum horizontal distance between a
side lot line and the side of the principal building or any
projection thereto.
ARTICLE III. ESTABLISHMENT OF DISTRICTS AND REGULATING
THE USES OF LAND AND BUILDING THEREIN:
SECTION 1. ESTABLISHMENT OF DISTRICTS.
(a) In order to classify, regulate and restrict the uses
of land, water, buildings and structures, and to regulate and
restrict.the height and bulk of building and to regulate the
area of yards and other open spaces about buildings, the corpor-
ate area of the City of Cape Canaveral, is divided into ten (10)
dittricts as follows:
R-1 A One (Singled Family Dwelling District
R-1 One (Single) Family Dwelling District
R-2 One and Two Family Dwelling District
R-3 Multiple Family Dwelling District
R-4 Multiple Family District
C-1 Neighborhood Commercial District
C-2 General Commercial District
M-1 Industrial District (Light)
M-2 Industrial District
B-1 Ocean Beach District
(b) Boundaries indicated as following shore lines shall
be construed to follow such shore line, and in the:event of change
in the shore line shall be construed as moving with the actual shore
line.
(c) All areas within the corporate limits of the City of
Cape Canaveral, which are under water and not shown as included
within any district, shall be subject to all the regulations of
the district which immediately adjoins the water area. If the
water area adjoins two or more districts, the boundaries of each
11
OR 11 - 62
PAGE 17 OF 54
MICROFILMED 3-13-80
district shall be construed to extend into the water area in a
straight line until they meet the other district.
SECTION 2. RESTRICTIONS UPON LANDS, BUILDINGS AND STRUCTURES,
(a) USE. No building or structure shall be erected and
no existing building shall be moved, altered, added to or en-
larged, nor shall any land, building, structure or premises be
used, designed or intended to be used for any purpose or in any
manner other than a use designated in this ordinance, or amend-
mentsthereto, as permitted in the district in which such land,
building, structure or premises is or are located.
(b) HEIGHT. No structure or building shall be erected,
nor shall any existing building be moved; reconditioned or
structurally altered so as to.exceed in height the limit es-
tablished in this ordinance, or amendments thereto, for the
district in which such building or structure is located.
(c) PERCENTAGE OF LOT OCCUPANCY. No building or
structure shall be erected nor shall any existing building or
structure be moved, altered, enlarged or rebuilt, nor shall any
open space surrounding any building or structure be encroached
upon or reduced in any manner, except in conformity with the
building site requirements and the area and parking space and
yard regulations established by this ordinance or amendments
thereto, for the district in which such building or structure is
located.
(d) DENSITY OF POPULATION. No building, structure or
premises shall be erected or occupied or used so as to provide
a greater density of population than is allowed under the terms
of this ordinance for the district in which such building,
structure or premises is or are located.
(e) OPEN SPACE USE LIMITATION. No yard or other open
space provided about any building or structure for the purpose of
12
OR 11 - 62
PAGE 18 OF 54
MICROFILMED 3-13-80
complying with the regulations of this ordinance, or amendments
thereto, shall be considered as providing a yard or open space
for any other building or structure.
(f) REQUIRED LOT AND OCCUPANCY. Every building or
structure hereafter erected shall be located on a lot or
tract as defined herein; and in no case shall there be more
than one building on one lot except as hereinafter provided.
ARTICLE IV. R-I A ONE (SINGLE) FAMILY DWELLING DISTRICT
The lands included within this district are developed
predominatly with single family dwellings. The lot areas are
large and the district is designated to preserve and protect
the characteristics of single family uses.
SECTION 1. USES PERMITTED
Within any R-1. A One (Single) Family Dwelling District,
no building, structures, land or water shall be used except for
one or more of the following uses:
1. Single family dwellings and their customary'acces-
sory uses.
2. Non-commercial piers, boat houses and landing places,
owned by adjoining property owners.
SECTION 2. CONDITIONAL USES
(1) When, after review of an application and plans
appurtenant thereto and hearing thereon, the Board of Adjust-
ment finds as a fact that the proposed use or uses are con-
sistent with the general zoning plan and with the public interest,
the following may be recommended to the City Council as permitted
uses:
(a) Churches with their attendant Educational buildings
and Recreational facilities.
(b) Public Utility and Service structures.
(c) Schools, but no correctional Institutions.
(d) Public Recreation arealand facilities.
13
OR 11-62
PAGE 19 OF 54
MICROFILMED 3-13-80
(2) The moving of existing structures.
Any review of an application or plan shall consider the
characteristic of the neighborhood in which the property use is
to be located and its effect on the value of surrounding lands,
and further, the area of the site as it relates particularly
to the required open spaces and off street parking facilities
and further, whether or not the moving of an existing structure
shall be harmonious to the area.
SECTION 3. BUILDING HEIGHT REGULATIONS
No building or structure shall exceed thirty-five (35)
feet or two stories in height.
SECTION 4. BUILDING SITE AREA REGULATIONS
Each single family dwelling shall be located on a lot or
parcelof land having an area of not less than twenty thousand
(20,000) square feet and having a minimum width of one hundred
(100) feet.
SECTION 5. FRONT, REAP. AND SIDE YARD REGULATIONS
1. FRONT YARD. There shall be a front yard of not
less than fifty (50) feet in depth.
2. REAR YARD. There shall be a rear yard of not
less than thirty-five (35) feet in depth.
3. SIDE YARD. Side yards shall be provided on each
side of every dwelling of not less than fifteen (15) feet.
SECTION 6. LOT COVERAGE
Thirty (30) per cent of the lot area is the maximum
amount of land that may be covered by the principal and
accessory buildings or structures located thereon.
SECTION 7. MINIMUM FLOOR AREA REQUIREMENTS
In the R-1 A One (Single) Family Dwelling District min-
imum requirements for first floor area per duelling unit shall
be; for a two story dwelling, twelve hundred (1200) square feet;
far a one and one-half story dwelling, twelve hundred (1200) square
feet and for a one story dwelling, sixteen hundred and fifty
14
OR 11 - 62
PAGE 20 OF 54
MICROFILMED 3-13-80
(1,660) square feet.
SECTION 8. USE, HEIGHT, AREA AND YARD EXCEPTIONS
See Article XVII
SECTION 9. OFF STREET PARKING REGULATIONS
See Article XV
ARTICLE V R-1 ONE (SINGLE) FAMILY DWELLING DISTRICT
The lands in this district are developed predominantly with
single family dwelling however the prevailing lot areas are less
than those of the R-1 A District. Then, too, in this district
there is found a greater:variety of uses.
SECTION 1. USES PERMITTED
Withii! any R-1 (Single) Family Dwelling District, no
building, structure, land or water, shall be used except for
one or more of the following uses:
1. Any use permitted in the R-1 A District.
2. Home occupations.
3. Libraries, non-commercial community centers.
4. Parks, playgrounds owned and operated by the city.
SECTION 2. CONDITIONAL USES.
(1) When, after review of an application for plans per-
tinent thereto and hearing thereon, the Board of Adjustment finds
as a fact that the proposed use or uses are consistent with the
general zoning plan and with the public interest, the following
may be recommended to the City Council as permitted uses.
(a) Same as for the R-1 A Single Family Dwelling District.
(b) Libraries, Art Galleries, Childs Museum and non -
community Commercial Community Centers.
(2) Any review of an application or plan shall consider.
the character of the neighborhood in which the property would
be used is to be located and its effect on the value of sur-
rounding lands, and further, the area of the site as relates
particularly to.the required open spaces and off street parking
facilities, and further, whether or•not, the moving of an exist-
ing structure shall be harmonious to the area.
15
OR 11- 62
PAGE 21 OF 54
MICROFILMED 3-13-80
SECTION 3. BUILDING HEIGHT REGULATIONS
Same as for the R-1 A One (Single) Family Dwelling
District.
SECTION 4. BUILDING SITE AREA REGULATIONS
Each single family dwelling shall be located on a lot
or parcel of land having an area of not less than seven thou-
sand five hundred (7,500) square feet and having an average width
of seventy-five (75) feet.
SECTION 5. FRONT, REAR AND SIDE YARD REGULATIONS
(1) FRONT YARD. There shall be a front yard of not
less than twenty-five (25) feet in depth.
(2) PEAR YARD. There shall be a rear yard of not less
than thirty (30) feet in depth.
(3) SIDE YARD. Side yards shall be provided on each
side of every dwelling of not less than eight (8) feet.
SECTION 6. LOT COVERAGE
Thirty (30) per cent of the lot area is the maximum
amount of land that may be covered by the principal and accessory
buildings or structures located thereon.
SECTION 7. MINIMUM FLOOR AREA REQUIREMENTS
In the R-1 One (Single) Family Dwelling District minimum
requirements for first floor area per dwelling shall bet for a
two story, seven hundred and fifty (750) square feet; for a one
and one-half story dwelling, eight hundred and (850) square feet
and for a one story dwelling, one thousand (1000) square feet.'
SECTION 8. USE, HEIGHT, AREA AND YARD EXCEPTIONS
See Article XVII
SECTION 9. OFF STREET PARKING REGULATIONS (See Article
XV)
ARTICLE VI, R-2 ONE AND TWO FAMILY DWELLING DISTRICT
Although the lands within this district are developed
predominantly with single family dwellings. there is a substantial
number of two family units.
16
OR 11- 62
PAGE 22 OF 54
MICROFILMED 3-13-80
SECTION 1. USES PERMITTED.
Within any R-2 One and Two Family Dwelling District, no
building, structure land or water shall be used except for one or
more of the following uses:
1. Any use permitted in the R-1 District.
2. One and two family dwellings including their customary
accessory uses.
SECTION 2. CONDITIONAL USES:
1, When, after review of an application for plans
pertinent thereto and hearing thereon, the Board of Adjustment
finds as a fact that the proposed use or uses are consistent
with the general zoning plan and with the public interest, the
following may be recommended to the City Council as permitted
uses:
(a) Same as for the R-1 One (Single) Family Dwelling
District.
2. Any review of an application or plan shall consider
the character of the neighborhood in which the property to be used,
is to be located and its effect on the value of surrounding lands,
and further, the area of the site as relates particularly to the
required open spaces and off street parking facilities, and further,
whether or not the moving of an existing structure shall be har-
monious to the area.
SECTION 3. BUILDING HEIGHT REGULATIONS
Same as for the R-1 A and R-1 Districts.
SECTION 4. BUILDING SITE AREA REGULATIONS
1. Each single family dwelling shall be located on a lot
or parcel of land having an area of not less than seven thousand,
five hundred (7,500) square feet and having an average width of not
less than (75) feet.
2. Each two family dwelling shall be located on a lot
or parcel of land having an area of not less than ten thousand
(10,000) square feet and a width of not less than one hundred
(100) feet.
OR 11 - 62
PAGE 23 OF 54
MICROFILMED 3-13-80
SECTION 5. FRONT, REAR AND SIDE YARD REGULATIONS
Same as for the R-1 One (Single) Family Dwelling District.
SECTION 6. LOT COVERAGE.
Same as for the R-1 One (Single) Family Dwelling District.
SECTION 7. MINIMUM FLOOR AREA REQUIREMENTS.
The minimum floor area for a one family dwelling shall
be one thousand (1000) square feet and for a two family dwell-
ing seven hundred and fifty (750) square feet for each dwelling
unit.
SECTION 8. USE, HEIGHT AREA AND YARD EXCEPTIONS
See Article XVII
SECTION 9. OFF STREET PARKING REGULATIONS
See Article XV
ARTICLE VII R-3 MULTIPLE FAMILY DWELLING DISTRICT
The lands within this district have already been deve-
loped with multiple family structures or by their location or
trend of development, are appropriate to such uses.
SECTION 1. USES PERMITTED
Within any R-3 Multiple Family Dwelling District, no build-
ing, structure, land or water shall be used except for one or
more of the following uses:
1. Any use permitted, or any conditional use, which may
be recommended to the City Council as permitted uses, in the R-2
One and Two Family Dwelling Districts.
2. Multiple Family Dwellings (Apartments) and their
customary accessory uses.
3. Apartment buildings and Hotels.
4. Restaurants, lounges and shops in structures of more
than thirty-five (35) dwelling units, however, entrances to said
facilities shall be only from the lobby within the structures.
There shall be no outside entrances.
5. Boarding and lodging houses.
6. Guest or tourist homes
7. Bungalow Courts.
18
OR 11 - 62
PAGE 24 OF 54
MICROFILMED 3-13-80
8. Motels when located on Federal or State Highways.
9. Hospitals, but no animal hospitals or mental in-
stitutions.
10. Private clubs or lodges.
SECTION 2. BUILDING HEIGHT REGULATIONS
No building or structure shall exceed six and one-half
stories (75') in height unless otherwise permitted in Article
XVII hereof.'
SECTION 3. BUILDING•SITE AREA REGULATIONS
1. .For one and two family dwellings, same as for the
R-2 One and Two Family Dwelling Districts.
2. For each dwelling unit in excess of two (2) added
to the structure on the first and second floor; one thousand
(1,000) additional square feet.of lot area shall be added for
each of such dwelling units added.
3. For each dwelling unit added to the structure above
the second floor, three hundred (300) square feet of lot for
each of such dwelling units added. For structures accommodat-
ing in excess of four dwelling units, the .minimum width of lot
or parcel of land shall be one hundred (100) feet.
SECTION 4. FRONT, REAR AND SIDE YARD REGULATIONS
1. For one and two family dwellings, the same as for
the R-2 One and Two Family Dwelling Districts.
2. For multiple family dwellings the following front,
rear and side yards shall be observed.
(a). There shall be a front yard of not less than Twenty-
five (25) feet in depth.
(b) A side yard on each side of the wall of the prin-
cipal structure of not less than eight (8) feet, however, for a
structure of mare than two stories (35) (feet), in height 3 feet
shall be added for each story above two.
19
OR 11 - 62
PAGE. 25 OF 54
MICROFILMED 3-13-80
(c). A rear yard shall be provided of fifteen (15) feet,
however, for structures in excess of two (2) stories two feet
shall'be added to the rear yard for each .story added in court style
multiple dwelling 25' is required between Buildings.
SECTION 5. LOT COVERAGE .
Fifty (50) per cent of the lot area is the maximum
which may be covered by the principal and accessory buildings or
structures located thereon.
SECTION 6. MINIMUM FLOOR AREA REQUIREMENTS. .
The minimum floor areas for one and two family dwellings
shall be the same as for the R-2 District and for multiple family
dwellings. shall be at least Five hundred (500) square feet per
dwelling unit.
SECTION 7. USE, HEIGHT, AREA AND YARD EXCEPTIONS
See .Article XVII
SECTION 8. OFF STREET PARKING REGULATIONS
See Article XV .
ARTICLE VIII R-4 MULTIPLE FAMILY DISTRICT
SECTION 1. USES PERMITTED
Within any R-4 Multiple Family District, no'buildings,
structures, land or water shall be used except for one or more
of the following uses:
1. Any use permitted in the R-2 One and. Two Family
Dwelling District.
2. Motels, Apartment houses, Hotels, or Bungalow
•Courts containing a minimum of eight (8) rental units having con-
formed to the following minimum requirements as to their location,
construction and use; to -wit:
(a) The minimum lot areas per rental unit shall conform
to the minimum lot area per family for the R-3 multiple family
dwelling districts.
(b) Each individual rental unit shall consist of a
minimum of one sleeping room'andlone private connecting bath.
OR 11- 62
PAGE 26 OF 54
MlCROFlLMED 3-13-80
(c) Each building unit shall provide not less than the
following floor areas for each of the following livings spaces,
to -wit:
LIVING SPACE MINIMUM AREA SQUARE FEET
Single sleeping rooms 115
Bath roams 40
Additional sleeping rooms
of living units of two or
more sleeping rooms 100
Living room 150
Living -dining combination 160
Living -dining -sleeping
combination (separate
kitchenette) 220
Living -dining combination
(separate kitchenette) 210
Living -sleeping combination 190
Kitchen -dining combination 90
Kitchen in living unit of
one bedroom 50
Kitchen in living unit of
more than one bedroom 60
Kitchenette only with the
living -dining sleeping, or
living -dining combination
above, (least dimension three
feet) 15
Dining room 70
Dining alcove 45
3. Restaurants, lunch rooms, or fruit stands when oper-
ated only in connection with and on the same lot as hotels, apart-
ment houses, motels or bungalow Courts permitted hereunder and
containing a minimum of eight (8) or more rental units, provided
that such restaurants, lunch room or fruit stand, if erected separt-
ely from the hotel, apartment 'house, motel, or bungalow court, shall
conform to the architectural and structural requirements, of the
building to which it is accessory.,
21
OR 11 - 62
PAGE 27 OF 54
MICROFILMED 3-13-80
SECTION 2. HEIGHT REGULATIONS
No•building or structure shall exceed six and one-half
(61/2) stories (75') in height except as provided in Article XVII.
SECTION 3. FRONT, REAR AND SIDE REGULATIONS
Same as for C-1 Neighborhood Commercial District.
SECTION 4. OFF STREET PARKING REGULATIONS.
See Article XV
SECTION 5. LOT COVERAGE
Fifty (50) per cent of the lot area is the maximum which
may be covered by any buildings or structures, located thereon.
ARTICLE IX. C-1 NEIGHBORHOOD COMMERCIAL DISTRICT
The lands in this District abut certain principal streets,
the frontage of which are adaptable -to selected commercial uses
which serve primarily residential area adjacent and tributary
thereto, and do not disturb the peace and tranquility of the
neighboring area.
SECTION 1. USES PERMITTED
Within any C-1 Neighborhood District no buildings, struct-
ure, land or water ahall be used except for one or more of the
following uses:.
1. Any use permitted in the R-3 and R-4 Multiple Family .
Dwelling Districts.
2. Apparel shops for men, women and. children.
3. Automobile service stations but no major repairs, tire
recapping or body work.
4. Bakery, the products of which are sold only at retail
on the premises.
5. Banks and office buildings.
6. Beauty salons and barber shops.
7. Department stores; drug, variety and sundries stores.
8. Florist; interior decorating; gift shops; antiques;
china; luggage; jewelry and watch repair.
22
OR 11 - 62
PAGE 28 OF 54
MICROFILMED 3-13-80
9. Grocery-stores; meat markets; retail gift fruit
stands with packing house as accessory; super ,markets.
10. Hardware, paint, wall paper, appliance, radio and
television, furniture stores.
11. Laundromats; laundry and dry cleaning pick up
stations.
12. Motels.
13. Office supplies, books, news stands.
14. Photographic supplies and studios.
15. Public and private automobile parking lots,
16. Restaurants.
17. Shoe repairing, hat cleaning.
18. Any other retail store or service establishment that
in the judgment of the Board of Adjustment are consistent with
those included above, and further, that will be in harmony with the
spirit of this Ordinance.
SECTION 2. BUILDING HEIGHT REGULATIONS
No building or structure shall exceed three and one-half
(31/2) stories or forty five (45) feet in height except as provided.
in Article XVII hereof.
SECTION 3. BUILDING SITE AREA REGULATIONS
None
SECTION 4. FRONT, REAR AND SIDE YARD REGULATIONS
1, FRONT YARD. Fifty (50) feet set back minimum
2. SIDE YARDS. None except that when the side of a lot.
in a Neighborhood Commercial District abuts upon the side of a lot
in a Residential District; there shall be a side yard of not less
than ten (10) feet.
3. REAR YARD. There shall be a rear yard of at least
ten (10) feet.
4. MASONRY WALL. When a lot in a C-1 Neighborhood
Commercial District abuts a.1ot,'either to a side or to the rear,
23
OR 11 - 62
PAGE 29 OF 54
MICROFILMED 3-13-80
in a Residential District, there shall be a masonry wall, a
minimum of six (6) feet in height built and maintained by owner
of said commercial property along by the Commercial line of
abutment opposite the Commercial Building.
SECTION 5. OFF STREET PARKING REGULATIONS
See Article XV
ARTICLE X. C- 2. GENERAL COMMERCIAL DISTRICT
The lands in this district are developed with various
types of general commercial servicing enterprises.
SECTION 1. USES PERMITTED
Within any C-2 General Commercial District all buildings
structures, land or water shall be used for one or more of the
following uses:
1. Any use permitted in the C-1 Neighborhood Commercial
District.
2. Automobile laundry or quick wash.
3. Automobile sales rooms and incidental servicing
departments.
4. Bowling alleys, billiard and pool halls, when en-
closed and air conditioned.
5. Business colleges, vocational, trade and.private
schools operated as a commercial'enterprise.
6. Drive-in restaurants and small food shops.
7. Liquor stores (retail) and cocktail lounges.
8. Mortuaries;
9. Plumbing sales rooms•and services within the build-
ing and yard storage as'an accessory.
10. Printing, book binding, lithography and publish-
ing establishments, blue printing, photostating.
11. Storage garage, pubic or private automobile park-
ing.
12. Theatre, but no drive-in theatre.
24
OR 11 - 62
PAGE 30 OF 54
MICROFILMED 3-13-80
13. Used car lot
14. Any other retail storeor service establishment
that in the judgment of the Board of Adjustment are consistent
with those included above, and further that will be in harmony
with the spirit of this Ordinance.
15. Dyeing, Dry Cleaning and Laundry.
SECTION 2. BUILDING HEIGHT REGULATIONS
No building or structure shall exceed six and one-
half stories in height except as provided in Article XVII hereof,
75 feet.
SECTION 3. BUILDING SITE AREA R.EGULATIONS.
None
SECTION 4. FRONT, REAR AND SIDE YARD REGULATIONS
Same as for the C-1 Neighborhood Commercial District.
SECTION 5. OFF STREET PARKING REGULATIONS
See Article XV
ARTICLE XI M-1 INDUSTRIAL DISTRICT (LIGHT)
ARTICLE XII M-2 INDUSTRIAL DISTRICT
The lands in this district are used by a variety of
commercial, storage and industrial operations. The purpose of
this district is to permit the normal operation of the majority
of industrial uses under such conditions of operation as will pro-
tect the abutting residential and commercial uses.
SECTION 1. USES PERMITTED.
Within any M-2 Industrial District no building, structure,
land or water shall be used except for one or more of the following
uses:
1. Any use permitted in the C-2 Commercial District.
2. Concrete pipe and b).uck manufacture and storage.
3. Cement mixing plants.
4. Manufacture of pottery or other similar ceramic
products.
5. Manufacturing, processing, fabrication, repair and
75
OR 11 - 62
PAGE 31 OF 54
MICROFILMED 3-13-80
servicing of any commodity or product that does not create pos-
sible dangerous or objectionable conditions, in the judgement of
the Board of Adjustment.
6. Public Utility plants.
7. Sheet metal working shop.
8. Steel storage and fabrication.
SECTION 2. BUILDING SITE AREA REGULATIONS
None.
SECTION 3. FRONT, REAR AND SIDE YARD REGULATIONS
None.
ARTICLE XIII. B-1 OCEAN BEACH DISTRICT.
SECTION 1. USES PERMITTED.
For purposes of interpretation of this Ordinance, the
primary use of the B-1 Ocean Beach District shall be deemed to be
for public recreation purposes, but shall exclude .all buildings
or structures other than those designed for and operated or used
by the City of Cape Canaveral in the interest of the public health,
safety or welfare, and the land shall be used in such a manner as
to preserve and protect the character of public beach use.
For land only, the permitted uses for the 8-1 Ocean
Beach District are:
1. Raft, float, cabana and similar beach equipment
rental operated under a franchise, license or permit issued by the
City.
For land and/or buildings, the permitted uses for the
8-1 Ocean Beach District are:
1. Municipally -owned or operated buildings. or structures.
SECTION 2. CONDITIONAL USES.
When, after review of an application and plans ap-
purtenenat thereto and public hearing thereon, the Planning and
Zoning Board finds as a fact that the proposed use or uses are .
consistent with the,Zoning Plan and the public interest, the Board
may recommend to the City Commission an approval thereof.
26
OR 11 - 62
PAGE 32 OF 54
M ICROFILMED 3-13-80
ARTICLE XIV GENERAL PROVISIONS AND EXCEPTIONS.
The foregoing regulations shall be subject to the
following provisions and exceptions:
SECTION 1. OCEAN BLUFF LINE SETBACK
No private buildings or structures, including swim-
ming pools, artificial screening and fences, over four (4)
feat in height, but excepting bulkheads installed for protection
from erosion and ocean action, shall be constructed, installed
or located less than thirty (30) feet from the eastermost top
edge of the natural ocean bluff hereby designated as the Ocean
Bluff Line. The Building Inspector shall determine and designate
the Ocean Bluff Line prior to construction on lots or parcells
abutting the Ocean Beach.
SECTION 2. BULKHEADS.
A bulkhead may be installed to proctect land from water
action and erosion, but shall be installed to city requirements and
a city permit shall be required and approved by the Building In-
spector prior to construction. The Ocean Bluff Line shall be
considered as the bulkhead line for the ocean beach.
SECTION 3. SWIMMING POOLS.
Swimming pools shall not be considered as an accessory
use but shall conform to the requirements of an accessory building,
if not otherwise excepted. A11 such pools shall be installed to
city requirements and a city permit shall be required and approved
by the Building Inspector prior to construction or installation.
1. Setbacks. Swimming pool setbacks shall conform to
the zoning requirements if roofed or enclosed. If not so roofed
or enclosed by screening or other material, the outside wall of
the pool shall not be closer than five feet from any easement, rear
or side lot line.
2. All swimming pools shall be enclosed by a fence, wall,
or equivalent barrier, of at least four (4+) feet in height above.
ground level.
27
OR 11 - 62
PAGE 33 OF 54
MiCROFILMED 3-13-80
SECTION 4. FENCES, HEDGES, AND SCREENING.
1. No fence, wall, hedge, planting, screening or
structure over four (4) feet high shall be maintained within
twenty (20) feet of any corner intersection of street right-of-way
lines, unless it is the opinion of the Building Inspector that.
such fence, wall hedge, planting, screening or structure is not
an inpediment to normal traffic.
2. No fence or wall shall be erected over six (6) feet
in height nor over four (4) feet high in any front yard.
3. No fences, wall, or structure shall be erected or
installed on or across a public utility easement, except that a
temporary fence may be erected or installed provided that it be
erected or installed in sections that'will allow for removal
without damage to the fence.
4. All fences, walls screening or structures shall be
installed to city requirements and a city permit shall be required
and approved by the Building Inspector prior to construction,
erection or installation.
ARTICLE XV. OFF STREET PARKING AND LODGING REGULATIONS
SECTION 1. DEFINITION
For the purposes of this Ordinance, the term "off
street parking space" shall consist of a minimum net area of two
hundred (200) square feet of appropriate dimensions for parking
an automobile, exclusive of access drives or aisles thereto.
SECTION 2. OFF STREET PARKING REGULATIONS
There shall be provided at the time of the erection of
any main building or structure or at the time any main building
or structure is enlarged or increased in capacity by adding dwell-
ing units, guest rooms, floor area or seats, minimum off street
automobile parking space with adequateiprovisions for ingress or
egress in accordance with the foillowing requirements:
(a) Auditorium, theatres or other places of assembly -
one space for each three persons or seats.
28
OR 11 - 62
PAGE 34 OF 54
MICROFILMED 3-13-80
(b) Business or commercial buildings - one space for
each two hundred square feet of gross floor area or fraction
thereof.
(c) Churches, temples or places of worship - one space
for each six persons or seats.
(d) Clubs or lodges - one space for each six seats
or persons accommodated in the assembly hall or auditorium.
(e) Dwelling structures 200 square feet parking space
(f) Hospitals, sanitariums - one space for each four
Patient beds, exclusive of spaces required for doctors, attend-
ants, nurses, and ambulances.
(g) Hotels - one space for each bedroom
(h) Libraries, museums -a parking area equal to fifty
percent of the floor area open to the public.
(i) Manufacturing and industrial uses - one space for
each three employees on the largest working shift.
(j) Medical or dental clinics - five spaces for each
doctor or dentist.
(k) Mortuaries - one space for every eight seats of
per unit.
chapel capacity, plus one additional space for each three em-
ployees.
(l) Motels - one space for each sleeping unit plus one
space for the owner or manager.
(m) Nursing or convalescent homes - one space for each
(n) Office and professional buildings -
each three hundred square feet of gross floor area.
(o) Restaurants or other eating places - one
each three seats.
four beds.
one space for
space for
(p) Rooming, boarding houses - one space for each bed.
(q) Schools and public buildings - one space for every
eight seats in the main auditorium.
29
OR 11 - 62
PAGE 35 OF 54
MICROFILMED 3-13-80
SECTION 3. LOCATION
(a) Parking spaces for all dwellings shall be located
on the same property with the main building to be served where
feasible.
(b) Parking spaces for other uses shall be provided
on the same lot or not more than three hundred feet distant.
(c) Parking requirements for two or more uses, of the
same or different types, may be satisfied by the allocation of the
required number of spaces of each use in a common parking facility,
provided that the total number of spaces is not less than the sum
of the individual requirements and that the requirements of loca-
tion are complied with.
SECTION 4. OFF STREET LOADING REGULATIONS
The following spaces shall be provided for the uses
indicated.
(a) Every hospital, institution, hotel, single occup-
ancy commercial or industrial building or similar use having a
floor area in excess of ten thousand (10,000) square feet re-
quiring the receipt or distribution by vehicles of materials and
merchandise shall have at least one permanently maintained off
street loading space for the first ten thousand (10,000) square
feet and one additonal space for each twenty thousand (20,000)
square feet of gross floor area or fraction thereof, over and
above the first ten thousand (10,000) square feet.
(b) Single occupancy retail operations, wholesale and
industrial operationswith a gross floor area of less than ten
thousand (10,000) square feet shall provide sufficient receiving
space on the property so as not to hinder the free movement of
vehicles and pedestrians over
a side walk, street or alley.
(c) Each space shall have direct access to an alley or
street and shall have the following minimum dinensions: Length,
forty-five feet; width, twelve feet; height, fourteen feet.
30
OR 11 - 62
PAGE 36 OF 54
MICROFILMED 3-13-80
SECTION 5. PERMANENT RESERVATIONS
Area reserved for off street parking or loading in
accordance with the requirements of this section shall not be
reduced in area or changed to any other use unless the permitted
use which it serves is discontinued or modified except where
equivalent parking or loading space is provided to the satisfaction
of the Board of Adjustment.
ARTICLE XVI. NON -CONFORMING USES
The lawful use of any building, structure or land
existing at the time of the adoption of this Ordinance may be
continued although such use does not conform to the provisions
thereof, provided however, the following conditions are met.
1. UNSAFE BUILDING OR STRUCTURES. Any structure or
building or portion thereof declared unsafe may be restored to a
safe condition.
2. CONSTRUCTION APPROVED PRIOR TO ORDINANCE. Nothing
herein shall require any change in plans, construction or designat-
ed use of a building or structure for which a building permit has
been issued and the construction of which shall have been dili-
gently carried on within six months of the date of such permit.
3. ALTERATION. A non -conforming building may be main-
tained and repairs and alterations may be made, except that in a
building which is non -conforming as to use regulations, no struct-
ural alterations shall be made except those required by law in-
cluding eminent domain proceedings.Repairs such as plumbing or
changing of partitions or other interior alterations are permitted.
4. EXTENSION. Building or structures or uses of land
which are non -conforming shall not be extended or enlarged.
5. NON -CONFORMING USE OF LAND. When a non -conforming
use of land has been discontinued ite future use shall revert to
the uses permitted in the dietrict in which said land is located.
6. CHANGE TO ANOTHER USE. A non -conforming use now
31
OR 11 - 62
PAGE 37 OF 54
MICROFILMED 3-13-80
existing may be changed to another non -conforming use of equal
or improved character when approved by the Board of Adjustment.
7. ABANDONMENT. A non -conforming use of land or of a
building which has been vacated or abandoned shall not thereafter
be occupied by any non -conforming use.
ARTICLE XVII. GENERAL PROVISIONS AND EXCEPTIONS
The foregoing regulations shall be subject to the follow-
ing general provisions and exceptions.
SECTION 1. FRONT YARD EXCEPTIONS IN DWELLING DISTRICTS
Where lots comprising forty par cent or more of the
frontage on one side of a block are developed with buildings at
the time of the adoption of this Ordinance the average alignment
of the existing building along such frontage shall be the front
yard line of said side block and no building hereafter erected or
structurally altered shall project beyond it, provided however,
that no front yards shall be less than twenty feet in depth.
SECTION 2. EFFECT OF ESTABLISHED SET BACK LINES FOR
STREET WIDENING.
Where set back lines have been established on streets,
roads or highways the front yard and side yard of corner lots
shall be measured from said set back lines.
SECTION 3. AUTOMOBILE SERVICE STATION REQUIREMENTS
(a) All gasoline pumps and gasoline storage tanks shall
be set back at least fifteen (15) feet from the right-of-way line,
or to an established setback line and all gasoline storage tanks
shall be installed underground.
(b) The number of curb breaks or driveways for one
establishment shall not exceed two (2) for each one hundred (100)
feet of street frontage, each having a width of not more than
thirty (30) feet and located not closer than fifteen (15) feet
from a street intersection. Curb breaks and driveways shall be
made or constructed to city specifications and a city permit shall
32
OR 11 - 62
PAGE 38 OF 54
MICROFILMED 3-13-80
be required and approved by the Building Inspector prior to
breaking of any curb or installation of a driveway on or across
any right-of-way having Wcurb and/or sidewalk.
(c) No gasoline and oil filling stations and no
service station (which shall mean the main building) shall be
erected or located in a C-1 Neighborhood Commercial District,
within one hundred and fifty (150) feet of the property of any
existing church, hospital, or public or parochial school or play-
grounds; provided, however, that nothing herin shall prohibit:
1. The operation of existing gasoline and oil filling
stations or service stations.
2. The improvements, alteration or reconstruction of
any existing gasolinetand oil filling stations or service stations.
SECTION 4. LOCATION OF ACCESSORY BUILDINGS AND USES
IN RESIDENTIAL AREAS
(a) Accessory buildings must be constructed simult-
aneously with, or following the construction of the main building.
(b) When an accessory building is attached to a prin-
cipal structure by a breezeway, roofed passage or otherwise, it
shall comply with the dimensional requirements of the principal
building.
(c) A detached accessory building, also a garage apart-
ment, shall not be closer than ten (10) feet to the principal
building, nor closer than five feet to a lot line, nor closer than
six feet to any other accessory building on the same lot.
(d) No detached accessory building shall be located on
the front half of a lot.
(e), An accessory building shall not exceed twelve feet.
in height nor may occupy not more thanthirty-five per cent of a
required rear yard. This provision shall not apply to Swimming
Pools.
SECTION 5. SWIMMING POOL REGULATIONS
(1) Ho swimming pool shall be so located, designed,
33
OR 11 - 62
PAGE 39 OF 54
MICROFILMED 3-13-80
operated or maintained as to interfere unduly with the enjoy-
ment of their property rights by owners of property adjoining,
swimming pool.
(2) SWIMMING POOLS. Shall be considered as acces-
sory buildings and conform to the requirements of an accessory
building.
(3) SETBACKS. Same as required for accessory
buildings. If the swimming pool is not part of the main re-
sidence, it shall be located not less than ten (10) feet from
the main structure.
(4) Lights used to illuminate any swimming pool shall
be arranged or shaded as to reflect light away from adjoining
premises.
(5) All setbacks to be measured from the part of the
pool nearest the property line in question. Such as concrete
walkway, terrace ordiving btard area as shown on plans being
part of the swimming pool.
(6) All swimming pools shall be enclosed by a fence,
wall or equivalent barrier.
(7) Pools,screening or enclosures shall conform to
the required setbacks of accessory buildings.
SECTION 6. YARDS
(a) Every part of a required yard shall be open from
its lowest point to the sky, unobstructed, except for the ordinary
projection of sills, belt courses, cornices, buttresses, ornament-
al features, chimneys, flues, and eaves; however, no such pro-
jection shall exceed thirty inches in width.
(b) On double frontage through lots, the required front
yard shall be provided on each street.
(c) Whenever a lot abuts upon an alley, none of the al.
none of the alley width may be considered as a portion of the
required rear yard.
(d) An open, paved terrace may project into a required
front yard for a distance of not exceeding ten (10) feet.
34
OR 11- 62
PAGE 40 OF 54
MICCROFILMED 3-13-80
(e) The narrow width of a corner lot shall determine
its front for purposes of meeting the requirements of front and
side yards. In cases of reversed frontages, the determination
of front and side yard depths shall be made by the Board of
Adjustment.
SECTION 7. HEIGHT
Chimneys, water, fire, radio and television towers;
church spires; domes; cupolas, stage towers and scenery lofts,
cooling towers, elevators and stair bulkheads, smoke stacks, flag
poles, parapet walls, and similar structures and their necessary
mechanical appurtenances may be erected above the height limits
herein established.
SECTION 8. PUBLIC UTILITIES
Structures or uses required for such public utilities
as gas, water, electric, sewerage and telephone can be located
within any district upon recommendation of the Planning Board and
approval of the City Council.
SECTION 9. SANITARY REQUIREMENTS
All buildings must comply with the regulations of the
State Board of Health as to all sanitary facilities or usage of
said buildings.
SECTION 10. HOTEL AND RESTAURANT REQUIREMENTS
In addition to the ordinance of the City of Cape Can-
averal, all buildings must also comply with the Florida) Hotel
and Restaurant Commission regulations provided the use of said
buildings or building come under the inspection of the Florida
Hotel E Restaurant Commission.
SECTION 11. RUBBISH ON SITE
On all building lots there shall be no trash or debris
buried as a result of cleaning the lots for building or other-
wise; all trash must be burned or transported from the premises
in accordance with the Fire and Garbage Ordinance of said City,
if any, or in accordance with sound fire prevention and sanitary
practices.
35
OR 11 - 62
PAGE 41 OF 54
M ICROFILMED 3-13-80
SECTION 12. ADVERTISING BILLBOARDS
No advertising billboards will be permitted in the
City. Lighted signs will be authorized only to the extent ap-
proved by the Board. Under this Ordinance a billboard is de-
signated as any sign advertising or conveying information of
services that are not available within the limits of the City
of Cape Canaveral. This Ordinance prohibits the use of signs
advertising a general product for which only an outlet is pro-
vided except on the property on which the outlet is located.
SECTION 13. LIQUOR REQUESTS
Application for zoning permission for bars or cock-
tail lounges or Package Stores be considered each on its own
merits, by the Council.
SECTION 14. STREET CONSTRUCTION
No public roads, or streets shall be constructed in
Cape Canaveral by any persons other than the City, County or
State without approval of their site and specifications by the
City Council.
SECTION 15. BUILDING MOVING
No building shall be moved into the City of Cape
Canaveral piecemeal or in its entirety, without permission of
the Board. No pre -fabricated building shall be erected in the
City of Cape Canaveral except by permission of Zoning Board.
SECTION 16. SET BACK REQUIREMENTS - SPECIAL
(1) State Highway 401:
a. Set back on east side from southern city
boundary North to Range Line 23 will be fifty (50) feet from
highway right-of-way and set
23 to northern City Boundary
highway right-of-way.
back on East side from Range Line
shall be a minimum 75 feet from
b. Set back on West side of Highway 401 from
Southern City Boundary, to Northern City Boundary shall be a
36
OR - 62
PAGE 42 OF 54
MICROFILMED 3-13-80
minimum of 75 feet from highway right-of-way.
(2) North Atlantic Avenue (also known as S 401) set-
back, each side, shall be a minimum of 75 feet from road right of
way, from the Southern to Northern Boundary.
(3) Ridgewood Avenue - Set back, each side shall be
a minimum of 50 feet from road right of way, from the Southern
to Northern Boundary.
SECTION 17. MOSQUITOE'CONTROL
1. It shall be unlawful for any person, persons or
corporation to have, keep, maintain, cause or permit, within the
limits of the City of Cape Canaveral, any collection of standing
or flowing water in which mosquitoes breed or are likely to breed
unless such collection of water is treated so as effectually to
prevent such breeding.
2. Collections of water in which mosquitoes breed or
are likely to breed are those contained in ditches, ponds, pools,
excavations, holes, depressions, open cesspools, fountains, cisterns,
tanks, shallow wells, barrels, troughs, urns, cans, boxes, bottles,
tubs, buckets, defective house roof gutters, tanks of flush closets
or other water containers.
3. The natural presence of mosquito larvae in standing
or running water shall be evidence that mosquitoes are breeding there.
4. Collections of water in which mosquitoes breed or are
likely to breed shall be treated by such one or more of the follow-
ing methods as shall be approved by the Director of Mosquito Control
of Brevard County.
(a) Screening with wire netting of at least 16 meshes
to the inch each way, or any other materials which will effectual-
ly prevent the ingress or egress of mosquitoes.
(b) Complete emptying every seven days of unscreen-
ed containers, together with their thorough drying or cleaning.
37
OR 11- 62
PAGE 43 OF 54
MICROFILMED 3-13-80
(c) Using a larvicide approved and applied under
the direction of the Mosquito Control Director of Arevard County,
or the City Health Officer.
(d) Covering completely the surface of the water
with kerosene, petroleum or paraffin oil once every seven days.
(e) Cleaning and keeping sufficiently free of
vegetable growth and other obstructions, and stocking with mos-
quito destroying fish.
(f) Filling or draining to the satisfaction of
the Director of Mosquito Control of the County.
(g) Proper disposal by removal or destruction,
broken or empty containers likely to hold water.
5. In case the person, persons or corporation re-
sponsible for the condition of premises on which mosquitoes breed
or are likely to breed, fails or refuses to take necessary measures
to prevent their breeding within three days after notice in writ-
ing has been given him by the Inspector, or within such longer
time specified in the notice, the said person responsible shall .
be deemed guilty of a violation of this ordinance; and for each day,
after the expiration of three days from the day on which such notice
is given him, or for each day after the expiration of the time spec-
ified in the notice, as the case may be, that the person responsible
fails or refuses to take such measures, the said person or corp-
oration responsible shall be deemed guilty of a separate violation
of this ordinance, and in such'case of such failure or refusal of
the person or corporation responsible to the City Police, Depart-
ment and the City attorney are authorized to take necessary measures
to prevent the breeding of mosquitoes, and all necessary costs in-
curred shall be charge against the person or corporation responsible.
SECTION 18. WRECKED AUTOMOBILES
1. It shall be unlaiful for any person, (s) or corpora
tion to keep, retain, store, of place at any one time, any more than
one motor vehicle which has been wrecked or discarded from use, for
38
OR 11 - 62
PAGE 44 OF 54
MICROFILMED 3-13-80
any purpose, upon any land, lot.or premise, unless in a cover-
ed building, or to repair, rebuild, dismantle or tear down any
motor vehicle which has been wrecked or discarded from use, up-
on any land, lot or premise within the City of Cape Canaveral,
Florida, unless in a covered building.
2. It shall be unlawful to operate and maintain with-
in the City limits of Cape Canaveral a Junkyard or Automobile
graveyard,
SECTION 19. NEW TRAILER PARKS AND/OR SUBDIVISIONS:
1. It shall be unlawful for any person, persons or
corporation to establish a New Trailer Park and/or Trailer Sub -
Division within the municipal limits of the City of Cape Cana-
veral without special permission of the City Council.
SECTION 20. STORM DRAINAGE:
All storm drainage shall utilize concrete and/or cast
iron pipe and shall empty into the Banana River. All necessary
man -holes, headwalls, erosion controls structures, rip -rap aprons
and pumping stations shall be designed by a registered engineer
licensed to practice in the State of Florida and shall be dedi-
cated to the perpetual use of the general public.
SECTION 21 CUT OR BREAKING CURBS, SIDEWALKS AND STREETS.
1. That it shall be unlawful for any person, firm or
corpoation to cut or break any curb, sidewalk or street, without
first obtaining a permit from the.Building Inspector of the City
of Cape Canaveral.
2. That it shall be unlawful for any person, firm or
corporation to install on or under any curb, sidewalk or street,
any pipe, sewer, conduit, cable, wire, hose, line, or any other
item, without first obtaining a permit from the Building Inspector
of the City of Cape Canaveral.
3. Any person, firm or corporation desiring a permit to
cut or break any curb, sidewalk or street, or to lay on or under
any curb, sidewalk or street, any sewer pipe, conduit, cable, wire,
39
OR 11 - 62
PAGE 45 OF 54
MICROFILMED 3-13-80
hose, line or any other item, shall make written application
therefor to the City Building Inspector, stating the street curb
or sidewalk involved, the work to be done, and the time and place
that said person, firm or corporation desires to do the work de-
scribed in said application. The Building Inspector after being
satisfied that the work desired in said application and the method
of performing said work will not be unduly injurious to the curb,
sidewalk or street, shall thereupon issue a permit to the appli-
cant and all work performed shall be in accordance with the
application and permit and all work done shall be under the in-
spection and supervision of the Building Inspector and the Build-
ing Inspector shall have full authority to see that said work is
performed in a manner least injurious to the curb, sidewalk or
street and in a manner satisfactory to him. The said Inspector
shall have authority to have the work stopped at any time, re-
gardless of the fact that permit has been issued, if in his opinion
the manner in which said work is being performed shall result in
unforeseen injury to the curb, sidewalk or street.
SECTION 22. DRIVING ON SIDEWALKS.
1. That it shall be unlawful for any person to drive
any automobile, motor truck, or other motor vehicle on upon or
across any sidewalk within the City of Cape Canaveral except at
permanently established driveways, without first taking all pre-
caution necessary to prevent injury and breaking of said sidewalk
by the placing of boards or other protective covering of suffici-
ent strength to prevent injury or breakage, over the sidewalks be-
fore driving on, upon, or across the same.
2. Any person, firm, or corporation damaging and in-
juring a sidewalk by driving on, upon, or across the same with an
automobile, motor truck, or other motor vehicle, shall repair or
cause the same to be repaired within 5 days from the injury or
breakage; and should the person responsible for the breakage and
the resulting damage fail to repair the same within 5 days, then
40
OR 11-62
PAGE 46 OF 54
MICROFILMED 3-13-80
and in that event the City of Cape Canaveral shall have the
power and authority to repair said breakage and recover the cost
thereof from the person, firm or corporation responsible for the
breakage.
SECTION 23. RIGHT OF WAY MINIMUM WIDTHS.
1. All alleys shall be twenty (20) feet.
2. All subdivision roads or streets shall be fifty
(50) feet.
3. All section lines shall be one hundred (100) feet.
4. All boulvedards shall be eighty (80) feet.
SECTION 24. STREETS
All streets in Districts designated C-1, C-2 and M-1
shall be eighty (80) feet.
SECTION 25. LINTELS.
1. In Construction of Residential or Commercial Build-
ings, all Lintels must be formed and poured (utilizing necessary
steel reinforcement rod) except top lintel which can be formed with
lintel blocks.
SECTION 26. CANAL WIDTH.
All canals constructed in City of Cape Canaveral shall
be a minimum of one hundred (100) feet wide.
SECTION 27. RECLAIMED LANDS.
All lands reclaimed and/or built up by dredging and/or
other means from the Banana River shall have a minimum grade of
six (6) feet above mean high water. Road grade shall be five (5)
feet above mean high water.
SECTION 28. ROOFING REQUIREMENTS.
No sheet metal or rolled roofing shall be permitted.
when the roofing is visable from the street, Built up roofs, if
visable from the street, must contain marble or gravel chips, tile
or comparable materials. Repairs to roofs on construction of any
kind erected prior to the date la this Ordinance may be made of
the material on the roof of,the original building.
41
OR 11 - 62
PAGE 47 OF 54
MICROFILMED 3-13-80
SECTICN 29 SEWER= DISPOSAL (TREATMENT) FACILITIES.
A sewerage.disposal (treatment) facilities (temporary
or permanate type) shall not be located within 600 feet of a
resident and/or trailer park.
SECTION 30. WATER MAINS AND LATERALS.
All Water Mains and Laterals shall be a minimum of six
(6) inches in diameter.
ARTICLE XVIII APPLICATION FOR A BUILDING PERMIT -
FILING PLOT PLAN
Unless otherwise ordered by the Building Official, all
applications for Building Permits, including all permits, required
under the terms of this Ordinance shall be made in conformity with
the provisions of the Building Ordinance of Code of the City and
such other applicable regulations. All applications for Building
Permits shall be accompanied by plans in duplicate, drawn up scale,
showing the legal description, actual dimensions of the Lot to be
built upon, the size, shape and location of the building, including
accessory buildings, or structures, to be erected or installed and
such other information as may be necessary to determine and provide
for the enforcement of this Ordinance. 0ne copy of such plans shall
be returned to the owner when approved by the building Official.
It shall be unlawful for any person to continue con-
struction of any building or structure beyond the foundation until
a Plot Plan showing the foundation of the building or structure
has been prepared in duplicate by a licensed surveyor and approved
by the Building Official. One copy of the Plot Plan shall be re-
turned to the owner and one copy shall be filed with the City.
A record of all applications and plots shall be kept in
the office of the Building Official.
When application is'imade to enlarge an existing non-
conforming use, the application shall be accompanied by an Affida-
vit giving the description of the premises owned at the date of
42
OR 11 - 62
PAGE 48 OF 54
MICROFILMED 3-13-80
the passage of this Ordinance. The Affidavit shall be filed with
the building. plans.
Nothing herein contained shall require any change in
the plans, construction, or designated use of a building for which
a building permit has been heretofore issued, or for which plans
are on file with the Building Official at the time of the pass-
age of this ordinance, and for the erection of which a permit is
issued within ten (10) days from the date of passage of this
ordinance.
It shall be unlawful for any owner, lessee, tenant or
occupant to use or permit the use of any building or premises or
any part thereto, heretofore or hereafter constructed, created,
erected, enlarged, altered, rebuilt or restored except in con-
fromity with the provisions of this ordinance.
No permit applications to'build any.plece of Public As-
sembly shall be accepted for consideration by the Building Offici-
al or any duly Constituted Board unless their permit application
has been signed by an Archittett or other person, who has been
duly recognized as an Architect, according to the Laws of the State
of Florida.
ARTICLE XIX BOARD OF ADJUSTMENT.
A Board of Adjustment is hereby established which shall
consist of five (5) members.
The organization and procedures under which the Board
operates, its arrangement of meeting, adoption of rules and its
method of handling appeals, variances or any other related matters
shall be in conformity with the provisions of Chapter 176, Florida
Statutes of 1961, and any amendments thereto.
Where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of this
ordinance, appeals to the Board may be taken by any person ag-
grieved or by any department of the governing body of the City of
Cape Canaveral affected by -any decision of the administrative official.
43
OR 11 - 62
PAGE 49 OF 54
MICROFILMED 3-13-80
The Board shall have the following duties and powers.
1. To hear and decide appeals where it is alleged there
is error in any order, requirement, decision or determination
made by the administrative official in the enforcement of this
ordinance.
2. To authorize upon appeal in specific cases such
variances from the terms of this ordinance as will not be con-
trary to the public interest where, owing to special conditions,
a literal enforcement of the provisions of the ordinance will
result in unnecessary hardship and so that the spirit of the
ordinance shall be observed and substantial justice done.
3. In exercising the above mentioned powers, the
Board by the concurring vote of four members may reverse or affirm,
wholly or partly, or modify the order, requirements, decision or
determination appealed front -and may make such order, requirement,
decision or determination as ought to be made, and to that end shall
have all thepowers of the official from whom the appeal is taken
4. In considering all proposed variations to this or-
dinance the Board shall, before making any finding in a specific
case, first determine that the proposed variation will not con-
stitute any change in the Districts and will not impair an adequate
supply of light and air to adjacent property, or materially in-
crease the congestion in public streets, or increase the public
danger of fire and safety, or materially diminish or impair estab-
lished property values within the surrounding area, or in any other
respect impair the public health; safety, morals, and general wel-
faire of the City.
5. .Any person or persons jointly or severally, ag-
grieved by.any decision of the Board, or any taxpayer, or any
officer, department of the City Council may present to a court
of record a petition, duly verified, setting forth that such deci-
sion is illegal, in whole or inpart, specifying the grounds of the
illegality. Such petition shall be presented to the court withir.
44
OR 11 - 62
PAGE 50 OF 54
MICROFILMED 3-13-80
thirty (30) days after the filing of the decision in the office
of the Board, otherwise the decision of the Board will be final.
The Board of Adjustment shall fix a reasonable time for the hear-
ing of appeals or other matters referred to it and give notice
to the parties and decide the same within a reasonable time. At
the hearing any party may appear in person or be represented by
agent or attorney.
6. A fee of twenty-five (25) dollars shall be paid
to the Building Inspector at the time of notice of appeal is filed,
which fee shall be used to defray the cost of advertising the hear-
ing.
ARTICLE XX INTERPRETATION, PURPOSE AND CONFLICT.
In interpreting and applying the provisions of this
ordinance, they shall be held to be the minimum requirements for
the promotion of the public health, safety, morals and general
welfare of the community. It is not intended by this ordinance to
interfere with or abrogate or annul any easements, covenants,
or other agreements between parties; provided, however, that where
this ordinance imposes a greater restriction upon the use of build-
ings or premises or upon the height of building, or requires larger
open spaces than are imposed or required by other ordinances, rules,
regulations or by easements, covenants, or agreements, the pro-
visions of this ordinance shall control; and provided further that
this ordinance shall not be construed as superseding any Special
Act of the Legislature relative to the subject matter of this
ordinance.
ARTICLE XXI CHANGES AND AMENDMENTS
The City Council may from time to time amend, supple-
ment, change or repeal the regulations, restrictions or districts
as set out in this ordinance in the manner prescribed by law.
The procedure for applications for any future change in
the Zoning Ordinance by the City Council, for the holding of a
public hearing thereon, for the publishing of a legal notice of
45
OR 11 - 62
PAGE 51 OF 54
MICROFILMED
said hearing and allother matters pertaining to such requested
change shall be:
A petition for such change shall be submitted in dup-
licate, giving the lot, block and addition of the lands•desired
to be rezoned, the names and addresses of all of the owners of
said land; the new zone classification desired and the reasons .
for such zone change. This petition shall be signed and acknow-
ledged by each and every owner of said lands within a radus of
400 feet. A fee of Twenty-five (525.00) dollars shall be paid to
the City by the petitioners at the time said petition is made.
Promptly upon receipt of said petition, the Council
will refer it to the Board of Adjustment for its study and re-
commendations, which shall be submitted to the Council by said
Board within fifteen (15) days of its receipt by said Board.
Meanwhile the Council shall set a date for a public
hearing on said petition and publish a legal notice of said
hearing, giving the time and place of it, at least fifteen (15)
days prior to the date of said public hearing. This legal no-
tice shall be published in a newspaper of general circulation in
the City of Cape Canaveral.
Following said public hearing the Council, by written
notice may amend, modify, or change the existing zone require-
ments for the lands ofsaid petitioners or it may deny said peti-
tion and/or by. posting at 3 public.places.
ARTICLE XXII GRANTING CONDITIONAL USES
The procedure for application for additional uses shall be:
A petition for such conditional'use shall be submitted,
in duplicate, giving the lot, block, and addition, of the lands
desired for such conditional use;, the names and addresses of all of
the owners of said land; the conditional use desired and the rea-
son for requesting the conditional use. The petition shall be
signed and acknowledged by each and every owner of said lands within
400' radius.
46
OR 11 - 62
PAGE 52 OF 54
MICROFILMED 3-13-80
Promptly upon the receipt of said Petition, the Council
will refer it to the Hoard of Adjustment for its study and re-
commendation, which shall be submitted to the Council by said
Hoard within Fifteen (15) days of its receipt by said Board. There-
after, the City Council shall as soon as practicable, either deny
or accept said application by Resolution.
ARTICLE XXVII PENALTY
It shall be unlawful for any person to violate any of
the provisions of this ordinance. Any person who violates any •
of the provisions of this ordinance shall upon conviction thereof
in the municipal court of the City be punished by fine not to ex-
ceed three hundred dollars, or imprisonment for not more than sixty
days, or both, in the discretion of the municipal judge. Said
judge may allow the violator a reasonable length of time to rect-
ify or correct the violation and each day that the violation re-
mains unrectified or uncorrected after the expiration of said
allowed time, shall constitute an additional separate offense.
ARTICLE XXIV ENFORCEMENT
The Building Inspector is hereby designated and author-
ized to enforce this Ordinance, except as otherwise herein specif-
ically provided.
ARTICLE XXV VALIDITY
Should any section, clause or provision of this Ordin-
ance be declared by the Court to be invalid, the same shall not'
affect the validity of the Ordinance as a whole or any part there-
of, other than the part so declared to be'invalid.
ARTICLE XXVI REPEALING
All Ordinances or parts of Ordinance, in conflict here-
with are hereby repealed.
ARTICLE XXVII EFFECTIVE DATE
This Ordinance shall become effective immediately upon
its adoption and approval by the Mayor.
47
OR 11 - 62
PAGE 53 OF 54
MICROFILMED 3-13-80
ARTICLE XXVIII PUBLICATION.
The method of publication of the' Ordinance shall be:
by posting a copy of the same on the Bulletin Hoard of the 'City
Hall' of the City of Cape Canaveral, after its adoption.
ADOPTED at' a regular meeting of the City Council held
on the 17th day of October, 1962.
(Signature)
President of the Council
(Signature)
Mayor
ATTEST:
(Signature)
City Clerk
48
OR 11 - 62
PAGE 54 OF 54