HomeMy WebLinkAboutOrdinance No. 81-1964/definitionsMICROFILMED 3.13-80 71
AMENDED
ORD 4-71
ORD 2-71
ORD 2-70
ORD. 81-64C
ORD. 81-64D
ORDINANCE NO. 81-64
AN ORDINANCE TO BE KNOWN AS THE ZONING
ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING ORDINANCE NO. 11-62
AND RELATING TO WGULATING THE NUMBER OF
STORIES AND SIZE OF STORIES AND SIZE OF
BUILDING AND OTHER STRUCTURES: THE PER-
CENTAGE OF LOT THAT MAY HE OCCUPIED, THE
SIZE OF YARDS, COURTS AND OTHER OPEN
SPACES: THE DENSITY OF POPULATION AND THE
U.,E OF BUILDINGS, STRUCTURES, LAND AND
WATER AREAS FOR TRADE, INDUSTRY, RESIDENCE
OR OTHER PURPOSES: FOR SUCH PURPOSES
CREATING DISTRICTS AND ESTABLISHING THE
BOUNDARIES THEFEOF: DEPINING CERTAIN
TERMS USED HS, REIN: PROVIDING FOR T HE METHOD
OF ADMINISTRATION AND AMENDMENT: ESTABLISH-
ING A BOARD OF ADINSTMENT AND PROVIDING
PENALTIES FOR VIOLATION: PROVIDING AN
EFFECTIVE DATE.
WHEREAS, for the purposes of promoting health, safety,
morals and welfare of the inhabitants of the City of Cape Canaveral,
Florida, including among other things the lessening of congestion
in streets, securing safety from fire and other dangers; providing
adequate light and air; promoting such distribution of the population
and distribution of land development as will tend to facilitate and
conserve adequate provisions for t ransporation, water supply,
sewerage, drainage, sanitation, recreation and other purposes,
Ordinance No. 11-62, the Zoning Ordinance of the City of Cape
Canaveral, Florida,is hereby amended:
NOVI THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, FLORIDA:
SECTION 1. Ordinance No. 11-62 is hereby amended by
striking all Section, sub -sections, paragraphs, sub -paragraphs,
sentences, phrases and words following the enacting clause and
substituting in lieu thereof the following:
OR 81-64
PAGE 1 OF 64
MICROFILMED
ARTICLE I. ESTABLISHMENT OF
DISTRICTS: PROVISION FOR OFFICIAL ZONING MAP
1. The city is hereby divided into zones, or
districts, as shown on the Official Zoning Map which,
together with all explanatory matter thereon, is hereby adopted
by reference and declared to be a part of this ordinance.
2. The 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 is the Official Zoning Map
referred to in Section 1 of the Ordinance Number 81-64
of the City of Cape Canaveral, Florida," together with the
date of the adoption of this ordinance.
3. If, in accordance with the provisions of this
ordinance and Chapter 63-1187 Special Acts of Florida, 1963,
changes are made in district boundaries or other matter
portrayed on the Official Zoning Map, such changes shall be
made on the Official Zoning Map promptly after the amendment
has been approved by the City Council, together with an entry
on the Official Zoning Map as follows: "On (date), by official
action of the City Council, the following (change) changes were
made in the .Official Zoning Map: (brief description of nature
of change), "which entry shall be signed by the Mayor and
attested by the City Clerk. The amending ordinance shall
provide that such changes or amendments shall not become
effective until they have been duly entered upon the Official
Zoning Map. No amendment to this ordinance which involves
matter portrayed on the Official Zoning Map shall become
effective until after such change and entry has been made on
said map,
4. No changes of any nature shall be made in the
Official Zoning Map orimatter shown thereon except in conformity
with the procedures set forth in this ordinance. Any unauthorized
OR 81-64
PAGE -2-OF 64
MICROFILMED 3-13-80
change of whatever kind by any person or persons s:iall be
considered a violation of this ordinance and punishable under
Article XIV of this ordinance.
5. Regardless of the existence of purported copies
of the Official Zoning Pap which may from tune of time be
made or published, the Official Zoning Map which shall be
located in the office pf.the City Clerk shall be the final
authority as to tha.eurrent zoning status of lands, buildings,
and other structures in the city.
ARTICLE II. 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:
1. Boundaries indicated as approximately following
the center lines of streets, highways, or alleys shall be
construed to follow such center lines;
2. Boundaries indicated as approximately following
platted lot lines shall be construed as following such lot lines;
3. Boundaries indicated as approximately following
city limits shall be construed as following city limits;
4. Boundaries indicated as following railroad
linen shall be construed to be midway between the main tracks;
5. Boundaries indicated as following shore lines
shall be construed to follow shcu shore lines, and in the
event of change in tho ah.ro line shall be construed as
moving with the actual shore line;
6. Boundaries indicated as parallel to or extensions
of features indicated in subsections 1 through 5 above shall
be so construed. Distances not specifically indicated on the
Official Zoning Map shall be determined by the scale of the map;
7. Where the street or property layout existing
on the ground is at variance with that shown on the Official
OR 81-64
PAGE-3-OF 64
MICROFILMED 13-80
Zoning Map, or in other circumstances not covered by Sections
1 through 6 above, the Board of Adjustment shall interpret
the district boundaries.
ARTICLE III. APPLICATION OF DISTRICT REGULATIONS
Except as hereinafter provided:
1. No building, structure, or land shall hereafter
be used or occupied, and no building or structure or part
therof 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.
2. No building or other structure shall hereafter
be erected or altered:
(a) to exceed the height;
(b) to accommodate or house a greater number
of families;
(c) to occupy a greater porcente'e of lot area;
(d) to have narrower or smaller rear yards,
front yards, side yards, or other open
spaces;
than herein required; or in any other manner contrary to the
provisions of this ordinance.
3. No part of a yard, or other open space, or off
street parking or loading space required about or in connection
with any building for the purpose of complying with this ordinance
shall be included as part of a yard, open space, or off-street
parking or loading space similarly required for any other
building.
4. No yard
or lot existing at the time of passage
of this ordinance shall be reduced in size or area below the
minimum requirements sot forth herein. Yards or lots created
after the effective date of this ordinance shall meet at least
the minimum requirements established by this ordinance.
Whithin each district, the regulations set by this
OR 81-64
PAGE-4- OF 64
MICROFILMED 3-13-80
ordinance shall be minimum regulations and shall apply
uniformly to each class or kind of structure or land.
All territory which may hereafter be annexed to
the City shall be considered to be zoned in the same manner
as the contiguous territory inside previous city limits
until otherwise classified.
5. All Territory within the City which is not new
classified in zoning is hereby classified as G-C (general
classification). This provision specifically rr:fers to those
submerged lands within the city which are West of the existing
bulkhead line i.e. present shore line of the Banana River.
ARTICLE IV. NON -CONFORMING LOTS, NON-CONFORMING USES OF
LAND, NON -CONFORMING STRUCTURES, AND NON-CONFORMING USES
OF STRUCTURES AND PREMISES
1. INTENT -
(a) With the districts established by this
ordinance or amendments that may later be adopted there
exist lots, structures, and -uses of, land and structures which
were lawful before this ordinance was passed or amended, but
which would be probibited under the terms of this ordinance
or future amendment. It is the intent of this ordinance to
permit these non-conformities to continue until they are
removed, but not to encourage their survival. Such uses are
declared by this ordinance to be incompatible with permitted
uses in the districts involved. It is further the intent of
this ordinance that non -conformities shall not be enlarged
upon, expanded nor extended, nor be used as grounds for adding
other structures or uses prohibited elsewhere in the same
district.
(b) A non-conforming use of a structure, a non-
conforming use of land, or a non -conforming use of a structure
and land shall not be extended or enlarged after passage of
this ordinance by attachment of additional signs to a building,
or the placement of additional signs or display devises on the
land outside the building, or by the addition of other uses,
OR 81 -64
PAGE 5 of 64
MICROFILMED 3-13-80
if such additions are of a nature which would be prohibited
generally in the district involved.
(c) To aboid undue hardship, anything in this
ordinance shall be deemed to require a change in the plans,
construction, or designated use of any building on which a
building permit has been issued prior to.the effective date
of adoption or amendment of this ordinance.
2. NON-CONFORMING LOTS OF RECORD-
(a) In any district in which single family
dwellings are permitted, notwithstanding limitations imposed
by other provisions of this ordinance, single-family dwelling
and customary accessory buildings may be erected on any single
lot of record at the effective date of adoption or amendment
of this ordinance. Such lot must be in separate ownership
and not of contincus frontage with other lots in the same
ownership. This provision shall apply even though such lot
fails to meet the requirements for area or width, or both,
that are generally applicalbe in the district, provided that
yard dimensions and other requirements not involving area or
width, or both, of lot shall conform to the regulations for
the district in which such lot is located. Variance of area,
width, and yard requirements shall be obtained only through
action of the Board of Adjustment.
(b) If two or more lots or combinations of
lots and portions of lots with continuous frontage in single
ownership are of record at the time of passage or amendment
of this ordinance, and if all or part of the lots do not meet
the requirements for lot width and ar:a as established by this
ordinance, the lands involved shall be considered to be an
undivided parcel for the purposes of this ordinance, and no
portion of said parcel shall be used or sold.trhich does not
meet lot width and area requirements established by this
ordinance, nor shall any division of the parcel be made which
leaves mining any lot with width or area below the require -
OR 81-64
PAGE -6-OF 64
MICROFILMED -3.13.80
ments stated in this ordinance.
3. NON-CONFORMING USES OF LAND-
Where, at the effective date of adoption of amend-
ment of this ordinance, lawful use of land exists that is
made no longer permissible under the terms of this ordinance
as enacted or amended, such use may be continued, so long
as it rumains otherwise lawful, subject to the following
provisions:
(a) No such non -conforming use shall be enlarged
or increased, nor extended to occupy a greater area of land
than was occupied at the effective date of adoption or amend-
ment of this ordinance;
(b) 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;
(c) If any such non -conforming use of land ceases
for any reason for a period of more than thirty (30) 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.
4. NON-CONFORMING STRUCTURES-
Where a lawful stricture exists at the effective
date of adoption or amendment of this ordinance that could not
be built under the terms of this ordinance by reason of
restrictions on area, lot coverage, height, yards, or other
characteristics of tho structure or its location on the lot,
ouch structure may be continued so long as, it remains other-
wise lawful, subject to the following provisions:
(a) No such structure may be enlarged or
altered in a way which increases its non -conformity;
(b) Should such structure be destroyed by any
means to an extent of more than Fifty percent (50%) of its
cost at time of destruction, it shall not be
replacement
OR 81-64
PAGE -7-OF 64
MICROFILMED 3-13-80
reconstructed except in conformity with the provisions of
this ordinance;
(c) Should such structure be moved for any
reason for any distance whatever, it shall thereafter conform
to the regulations ofr the district in which it is located
after it is moved.
5. NON-CONFORMING USES OF STRUCTURES
If a lawful use of a structure, or of structures
and premises in combination, 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 other-
wise lawful, subject to the following provisions:
(a) No existing structure devoted to a use not
permitted by this ordinance in the district in which it is
located shall be enlarged, extended, constructed, reconstructed,
moved, or structurally altered except in changing the use of
the structure to a use permitted in the district in which it
is located;
(b) Any non -conforming use may be extended
throughout any parts of a building which were manifestly
arranged or designed for such use at the time of adoption or
amendment of this ordinance but no such use shall be extended
to occupy any land outside such building;
(c) If no structural alterations are made,
any non -conforming use of a structure, or structure and
premises, may be changed to another non -conforming use provided
that the Board of Adjustment either by general rule or by making
findings in the specific case, shall find that the proposed use
is equally appropriate or more appropriate to the district than
the existing non -conforming use. In permitting such change the
Board of Adjustmentimay require appropriato conditions and
safeguards in accord with the provisions of this ordinance;
(d) Any structure, or structure and land in
OR 81-64
PAGE -8-OF 64
M ICROFILMED-: 3-13-80
combination, in or on which a non -conforming use i9 superai
ceded by a permitted use, shall thereafter conform to the
regulations for the district in which such structure ie
located, and the non -conforming use map not thereafter be
resumed;
(e) When a nonconforming use of a structure;
or structure and premises in combination, is disdontinued or
abandoned for six consecutive months or for 18 months during
any three years period, the structure, or structure and
premises in combination shall not thereafter by used except
in conformance with the regulations of the district in which
it is located;
(f) 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.
6. REPAIRS AND MAINTENANCE -
On any building devoted in whole or in part to any
non-conforming use, work may be done in any period of la con-
secutive months on ordinary repairs or on repair or replacement
of non -bearing walls, fixtures., wiring or plumbing, to an
extent not exceeding ten percent (10%) of the current replace-
ment value of the building, provided that the cubical content
of the building as it existed at the time of passage or
amendment of this ordinance shall not be increased.
Nothing in this ordinance shall be deemed to prevent
the strengthening or restoring to a safe condition of any
building or part thereof declared to be unsafe by any city
official chortled with protecting tho public safety, upon order
of such official.
7. USES UNDER EXCEPTION PROVISIONS NOT NON-CONFORM-
INC USES -
Any use for which a special exception is permitted
as provided in this ordinance shall not be deemed a non -conforming
OR 81-64
PAGE-9-OF 64
MICROFILMED 3-13-80
use, but shall without further action be deemed a conforming
use in such district.
ARTICLE V. ESTABLISHMENT OF DISTRICTS AND REGULATING
THE USES OF LAND AND BUILDINGS THEREIN
1. ESTABLISHMENT OF DISTRICTS
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 buildings and
to regulate the area of yards and other open spaces about
buildings, the corporate arca of the City of Cape Canaveral
is divided into seven (7) districts as follows:
R-1 A one (single) Family dwelling district, 25'
R-1 One (single) Family Dwelling district, 25'
R-3 Miltiple Family Dwelling District, NONE
R-4 Miltiple Family.District,
C-1 Neighborhood Commercial District, NONE
C-2 General Commercial District, NONE
M-2 Industrial District, NONE
G-C General Classification. (AS REZONED)
2. R-1A ONE (SINGLE) FAMILY DWELLING DISTRICT
The lands included within this district are developed
predominantly with single family dwelling*. The lot areas are
large and the district is designated to preserve and protect
Lilo characteristics of single family uses.
USES PERMITTED - Within any R-1 One (Single)
Family Dwelling District, no building, structures, land or
water shall be used except for ono or more of tho following
uses:
(1) Single Family dwellings and their customary
accessory uses.
(2) Non-commercial piers, boat houses and '
landing places, ownediby adjoining property owners.
CONDITIONAIL USES -
(1) When, after review of an application and
OR 81-64
PAGE-10- OF 64
MICROFILMED 8 -13-80
plans appurtenant thereto and hearing thereon, the Planning
and Zoning Board 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 Board of
Adjustment as permitted uses:
(a) Churches with their attendant Educational
buildings and recruational facilities.
(b) Public Schools, but no correctional
institutions.
(c) Public Recreation area and facilities.
BUILDING-HEIGHT- REGULATIONS-
No building or structure shall exceed twenty
five (25) feet or two stories in height.
BUILDING SITE REGULATIONS -
Each single family dwelling shall be located on
a lot or parcel of land having an area of not less 15,000 square
feet and having an average width of one hundred feet (100).
FRONT, REAR AND SITE; YARD REGULATIONS -
(1) Minimum setback from the front right-of-way
line shall be twenty-five (25) feet.
(2) Minimum setback from any side property line
abutting a street right-of-way shall be fifteen (15) feet.
(3) Minimum setback from an interior side
property line shall be fifteen (15) feet.
LOT COVERAGE -
Thirty (30) percent of the lot area is the maximum
amount of land that may be covered by the principal and accessory
buildings or structures located thereon.
MIMIMUM FLOOR AREA REQUIREMENTS -
In the R-1A One (Single) Family Dwelling District
minimum requirements for floor arca per dwelling unit shall be
sixteen hundred and fifty (1,650) square feet of liveable area
excluding carports, breezeways and garages.
OR 81-64
PAGE -11 0F 64
MICROFILMED 3-13-80
3. R-1 ONE (SINGLE) FAMILY DWELLING DISTRICT-
The lands in this district are developed predominantly
with single family dwellings, however, the prevailing lot areas
are loss then those of the R-1 A District. Then too, in this
district there is found a greater variety of uses.
USES PERMITTED - With 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) Parks, playgrounds owned and operated by
the City.
CONDITIONAL= -USES When, after review of an application
for plans pertinent thereto and hearing thereon, the Planning
and Zoning Board 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 Board of
Adjustment as permitted uses:
(1) Same as for the R-1 A Single Family Dwelling
District.
(2) Libraries, Art Galleries, Museums and Non -
Commercial Community Centers.
(3) 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 harmonious to the
area.
BUILDING HEIGHT REGULATIONS-
No building or.structure shall exceed twenty-five
(25 feet)-ortwo stories in height.
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 six
thousand two hundred and fifty (6.250) sauare feet and
MICROFILMED 3.13.80
having an average width of seventy-five (75) feet.
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) REAR YARD. There shall be a rear yard of
not less than twenty-five (25) feet in depth.
(3) SIDE YARD. Side yards shall be provided
on each side of each dwelling of not less than eight (8)
feet or ten (10%) percent of the average lot width, whichever
is the greater, except that on corner lots, no building shall
extend beyond the extablished setback on either the Aide or
fronting street.
LOT COVERAGE -
Thirty (30) percent of the lot area is the maximum
amount of land that may be covered by the principal and
accessory buildings or structures located thereon.
MINIMUM FLOOR AREA REQUIREMENTS -
In the R-1 One (Single) Family dwelling district
minimum requirements for first floor area per dwelling shall
be: for a two story, seven hundred and fifty (750) square feet;
for a one and one-half story dwelling, eight hundred and fifty
(850) square feet and for a one story dwelling eight hundred
and fifty (850) square feet.
4. R-3 MULTIPLE FAMILY-DWELLING-DISTRICT
The lands within this district have already been
developed with multiple family structures or by their location
or trend of development, and are: appropriate to such uses.
USES PERMITTED - With any R-3 Multiple Family Dwelling
District, no buildings, 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 and R-1 [Mixed uses]
districts.
(2) Two family dwellings including their customary
accessory uses.
OR 81-64
PAGE-13-0F 64
MICROFILMED 3-13-80
(3) Multiple Family Dwellings (Apartments)
and their customary accessory uses.
(4) Apartment buildings and hotels.
(5) Restaurants, lounges and shops in structures
of more than thirty-five (35) dwelling units.
(6) Boarding and lodging houses.
(7) Guest or tourist homes.
(8) Court type structures.
(9) Motels.
(10) Hospitals, nursing and convalescent homes
but no animal hospitals, or mental institutions.
(11) Home occupations.
(12) Libraries, non-commercial community centers.
(13) Parks and playgrounds owned and operated by
the City.
CONDITIONAL USES -
When after review of an application for plans
pertinent thereto and hearing thereon, the Planning and Zoning [P & Z begins to recommend to B of A]
Board fins as a fact that the proposed use and uses are con-
sistent with the general. Zoning Plan and with the public interest
and the spirit of this ordinance, the Board of Adjustment may
permit such conditional use.
HEIGHT REGULATIONS - (NONE)
BUILDING SITE AREA REGULATIONS: [NO HEIGHT RESTRICTION]
(1) Each two family dwelling shall be located
on a lot or parcel of land having an area of not less than nine
thousand (9,000) square feet and a width of not less than seventy-
five (75) feet.
(2) For each dwelling unit in excess of two (2)
added to the structure on the first and second floor, five
hundred (500) 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
OR 81-64
PAGE- 14- OF 64
MICROFI'lED 3-13-80
area for each of such dlwelling units.
(4) Prdvided, however, that for each dwelling
unit in excess of two (2) added to the structure on the first
and second floor, three hundred (300) additional square feet
of lot area shall be added for each of such dwelling units
addedin the Avon -By -The -Sea subdivision located in the R-3
district.
(5) For structures accommodating four dwelling
units or more, the minimum width of lot or parcel of land
shall be one hundred (100) feet.
FRONT, REAR AND SIDE YARD REGULATIONS -
(1) Each two (2) family dwelling shall have
the following front, rear and side yard setbacks:
A. FRONT YARD - There shall be a front
yarn of not less than twenty-five (25) feet in depth.
B. REAR YARD - There shall be a rear yard
of not leas than twenty-five (25) feet in depth.
C. SIDE YARD- Side yards shall have provided.
on each side of everydwelling of not less than eight (8) feet
or ten (10) percent of the average lot width, whichever is
the greater.
(2) For multiple family dwellings the following
front, rear and side setbacks 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 principal structure of not less than ten (10) feet.
However, for a structure of more than two stories, (25) (feet)
in height, three (3) feet shall be added to side yard for each
story above two. Thejminimum setback from any street shall
be the establisher) setback line on any street or streets.
C. A roar 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.
OR 81-64
PAGE-15-0F 64
MICROFILMED 3-13-80
D. In court style multiple dwellings
twenty-five (25) feet shall be required between buildings
and where doors, windows or other openings in the buildings
wall of a living unit face a wall containing doors, windows
or other openings of the wing of the same building and/or a
wall containing doors, windows or other openings of another
building on the same site, there shall b e provided a minimum
clear distance to be measured on a line projected at right angles
at the opening, from the wall containing the opening to the
opposite wall. These spacing requirements shall apply to
all structures on the site; provided further, that cantilevers
and open porches may project from the building wall into the
required open space (court only) not more than four (4) feet
and that stairways may project from the building wall into the
required open space (court only) not more than seven and one-
half (71/2) feet. Stairways when located in the required open
space (court) shall be supported the necessary columns only,
support by a wall is strictly prohibited. Accessory buildings
(where not in violation with the foregoing requirements) may
be located not nearer than fifteen (15) feet to the principal
structure or structures.
LOT COVERAGE -
Fifty (50) percent of the lot area is the maximum
which may be covered by the principal and accessory buildings
or structures located thereon..
MINIMUM FLOOR AREA REQUIREMENTS -
(1) The minimum floor area for a one (1)
family dwelling shall be eight hundred and fifty (850) square
feet.
(2) The minimum floor area for a two (2) family
dwelling shall bo fifteen hundred (1500) square feet for both
dwellings.
OR 81-64
PAGE-16-OF 64
M ICROFILMED 3-13-80
(3) The minimum floor area for multiple
family dwelling in,excess of two (2) family dwelling shall
have at least three hundred (300) square feet per dwelling
unit.
5. R-4 MULTIPLE FAMILY DISTRICT -
The lands included within this district are
developed predominately for multiple family dwellings such
as Motels, apartment houses and hotels. The uses of this
district is further broadened to permit office buildings.
USES PERMITTED -
(1) 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:
A. Any use permitted in the R-3 Two Family
Dwelling District.
B. Office Buildings.
C. Motels, Apartment houses, Hotels, or
Court type structures containing a minimum of eight (8) rental
units having conformed 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.
D. Restaurants, lunch rooms, or fruit stands
when operated only.in connection with and on the same lot as
hotels, apartment houses, motels or court type structures,
permitted hereunder and containing a minimum of eight (8)
or more rental units, provided that such restaurants, lunch
room or fruit display stands are within the confines of the
main building.
CONDITIONAL USES -
(1) When, after review of an application for plans
pertinent thereto land hearing thereon, the Planning and Zoning
MICROFILMED 3.13-80
it may make certain recommendations to the board of adjust-
ment as conditional uses, provided that due consideration
is giventhe character of the neighborhood in which the use
is permitted and its affect on the value of surrounding
properties, and further, the particular site as it relates
to the required open space and off strut parking facilities.
FRONT, REAR AND SIDE REGULATIONS -
(1) Each two (2) family dwelling shall have the
following front, rear and side yard setbacks:
A. FRONT YARD - There shall be a front yard
of not less than twenty-five (25) feet in depth.
B. REAR YARD - There shall be a roar yard
of not less than twenty-five (25) feet in depth.
C. SIDE YARD - Side yards shall have provided
on each side of every dwelling of not less than eight (8)
feet or ten (10) percent of the average lot width, whichever
is the greater.
(2) For Multiple family dwellings the following
front, rear and side setbacks 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 principal structure of not less than ten (10) feet.
However, for a structure of more than two stories, (25)
(feet) in height, three (3) feet shall be added to side
yard for each story above two. The minimum setback from
any street shall be the established setback line on any street
or streets.
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.
D. In court style multiple dwellings twenty-five
(25) feet shall be required between buildings and where doors,
windows or other openings in the building wall of.a living
unit face a wall containing doors, windows, or other openings
OR 81-64
PAGE- 18- OF 64
MICROFILMED 3-13-80
of the wing of the same building and/or a wall containing
doors, windows or other openings of another building on the
same site, there shall be provided a minimum clear distance
of not less than twenty-five (25) feet. Said distance to
be measured on a line projected at right angles at the
opening, from the wall containing the opening to the opposite
wall. These spacing requirements shall apply to all structures
on the site; provided further, that contilevers and open porches
may project from the building wall into the required open space
(court only) not more than four (4) feet and that stairways
may project from the building wall into the required open
space (court only) not mere than seven and one-half (71/2) feet.
Stairways when located in the required open space (court) shall
be supported by the necessary columns only, support by a wall
is strictly prohibited. Accessory buildings (where not in
violation with the foregoing requirements) may be located
not nearer than fifteen (15) feet to the principal structure
or structures.
LOT COVERAGE -
Fifty (50) percent of the lot area is the maximum
which may be covered by the principal and accessory buildings
or structures located thereon.
MINIMUM FLOOR AREA REQUIREMENTS -
(1) The minimum floor area for a one (1) family
dwelling shall be eight hundred and fifty (850) square feut.
(2) The minimum floor area for a two (2) family
dwelling shall be fifteen hundred (1500) square feet for both
dwellings.
(3) The minimum floor arca for multiple family
dwelling in excess of two (2) family dwelling shall have at
least three hundred (300) square feet per dwelling unit.
OR 81 - 64
PAGE - 19 OF 64
MICROFILMED 3.13-80
BUILDING HEIGHT-REGULATIONS - (None) [No Height Restriction for R-4]
6. C-1 NEIGHBORHOOD COMMERCIAL DISTRICT
The lands in this District abut certain principal
streets, the frontage of which are adaptable to selected com-
mercial uses which serve primarily residential arca adjacent
and tributary thercta, and do not disturb the peace and tran-
quility of the neighboring area.
USES PERMITTED -
1. Within any C-1 Neighborhood District no
buildings, structure, land or water shall be used except
for one or more of the following uses.
A. Any use permitted in the R-3 and R-4
Multiple Family Dwelling Districts.,
B. Apparel shops for men, women and
children.
C. Bakery, the products of which are sold
only at retail en the premises.
D. Banks and office buildings.
E. Beauty salons and barber shops.
F. Department stores, drug, variety and
sundrie stores.
G. Florist, interior decorating, gift
shops, antiques, china, luggage, jewelry and watch repair.
H. Grocery stores, meat markets, retail
gift fruit stands with packing house as accessory, super
markets.
I. Hardware, paint, wall paper, appliance,
radio aid television, furniture stores.
J. Self Service Laundries and dry cleaning
pick up stations.
K. Motels
L. Office supplies, books, news stands.
M. Photographic supplies and studios.
N. Public and private automobile parking lots.
OR 81-64
PAGE-20-OF 64
MICROFILMED 3-13-80
O. Restaurants, including small fond shops.
P. Shoe repairing, hat cleaning.
Q. Service Stations which are 2000 feet
apart by shortest driving route.
R. Liquor Stores (retail) and cocktail
lounges.
S. Bowling alleys, Billiard and pool halls.
T. New automobile sales agency and incidental
servicing departments.
U. Mortuaries.
V. Printing, book binding, lithography,
blue printing, photostating.
W. Theatre enclosed.
Any other retail store or service establish-
ment that in the judgement of the Board of Adjustment are con-
sistent with those included above, and further, that will be
in harmony with the spirit of this Ordinance may be granted
a conditional use upon proper petition.
FRONT, REAR AND SIDE YARD REGULATIONS -
(1) FRONT YARD - Twenty-five (25) feet set
back minimum, except as specified in Article 6, Paragraph 23.
(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. The minimum
set -back from any street shall be fifteen (15) foot provided,
however, that on corner lots no, building shall extend beyond
the established sot -back on said street or streets.
(3) REAR YARD - There shall be a roar yard
of at least ten (10) feet.
(4) MASONRY WALL - When a lot in a C-1
Neighborhood Commercial District abuts a lot, either to a side
or to the rear in a Residential District, thorc shall be a masonry [Wall required between C and R districts]
wall, a minimum of six (6) feet in height built and maintained
by owner of said ccmmercial property along the Commercial line
OR 81-64
PAGE-21-OF 64
MICROFILMED 3-13-80
of abutment opposite the Commercial Building.
7. C-2 GENERAL COMMERCIAL DISTRICT -
The lands in this district are developed with
various types of general commercial servicing enterprises.
USES PERMITTED -
(1) within .any C-2 General Commercial District
all buildings, structures, land or wall shall be used for one
or one or more of the following uses:
A. Any use permitted in the C-1 Neighborhood
Commercial District.
B. Business colleges, vocational, trade and
private schools operated as a commercial enterprise.
C. Plumbing sales rooms with services
stored within the building with no yard storage.
D. Publishing establishments.
E. Storage garage, public or private auto-
mobile parking.
F. Drive -In Theaters.
G. Used car lot, except in conjunction with
new car agencies.
H. Wholesale Dyeing, Dry Cleaning and Laundry:
CONDITIONAL USES -
(1) Any retail store or service establishment.
that in the judgment of the Planning and Zoning Board is
consistent with permitted usep,in this district and that is
in harmony with the spirit of this ordinance after public
hearing it may be recommended to the Board of Adjustment as a
conditional
HEIGHT REGULATIONS- (None)
FRONT, REAR AND SIDE YARD REGULATIONS -
(1) FRONT YARD - Twenty-five (25) feet set
back minimum except as specified in ARTICLE VI, Paragraph 23.
(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
OR 81-64
PAGE-22 -OF 64
MICROFILMED 3.13.80
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) MASONARY WALL - When a lot in a C-2
General Commercial District abuts a lot, either to a side
or to the rear 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.
BUILDING HEIGHT REGULATIONS , (None)
8. M-2 INDUSTRIAL DISTRICT - [No Height reg for C-2]
The lands in this district are used by a variety
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 protect the abutting residential and commercial uses.
USES PERMITTED -
(1) Within any M-2 Industrial District no
Building, structure, land or water shall be used except
for one or more of the following uses:
A. Any use permitted in the C-2 Commercial
District.
B. Concrete Pipe and'block manufacutre and
storage.
C. Cement mixing plants.
D. Manufacture of pottery or other similar
ceramic products.
E. Public Utility plants.
F. Sheet metal working shop.
G.. Steel storage and fabrication.
H. Automobile parts from Used Cars, provided
the area utilized for automobiles and parts is enclosed by a
solid wall or fence not leiss than eight (8) feet high, to be
painted and maintained in an approved manner; but in no event
OR 81-64
PAGE-23-OF 64
MICROFILMED 3.13.80
shall dismantled cars be allowed to accumulate on the premises;
Blacksmith, Gas Steam -fitting shops; Boat or Yacht repairing
or overhauling, or Boat Building; Boan Slips used for the tying
up of,boats for the purpose of overhauling or repairing,
Brewery Canning Factories, Carpet Cleaning, Dredging Base or
place where dredging supplies are kept and where dredges or
boats or machinery are stored, repaired or rebuilt, Fertilizer,
Fruit Packing and Fruit Preserving, Furniture Manufacturing,
Ice Manufacturing, of more than ten (10) tons daily capacity;
Insecticide Manufacturing; Food Products, including the
grinding, cooking, roasting, preserving, drying, smoking or
airing of meats, fruits or vegetables (where more than five
(5) persons are employed on premises); Machine Shops, Marine
Warehouses, Mattress Manufacturing and Renovating, Metalizing
Processes, Milk or Ice Distributing Stations from which ex-
tensive truck or wagon deliveries are customarily made; Mill
Work Shops, Motion Picture Production studios, Novelty Works,
Ornamental Metal -Work Shops; Power or Steam Laundries, Shipyards
and Drydocks, Storage Warehouse for food, fodder, etc.; Textile,
Hosiery and Weaving Mills, not closer than two hundred (200)
feet to a single or multiple family residential district;
Welding, Warehouses for storage or products in the form sold
in a general commercial district.
CONDITIONAL USES -
Manufacturing, processing, fabrication, repair
and servicing of any commodity or product that does not create
possible dangerous, smoky, odorous or other objectionable
conditions may be granted a conditional use when after review
of an application and plans appurtenant 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, the
public interest and the spirit of this ordinance the Board of
Adjustment may permit such conditional uses.
OR 81-64
PAGE-24 -OF 64
MICROFILMED 3-13-80
THE FOLLOWING USES ARE HEREBY PROHIBITED:
Acetylene Gas
Acid
Animal Reduction
Plants
Bleaching Powder
By-products of Fish
By-products of Wood
Distillation
Calcium Carbide
Large Scale Sewage
Disposal Plants
Matches
Oil Refinery
0il Wells
Size or Gelatine
Celluloid
Cellulose Products
Chlorine Gas
Coal Tar Products
Creosote
Slaughter House
Soap Manufacturing,
All Types
Fertilizer
Smelting
Wood Pulling
Paper and Pulp Mills
Phenol
Potash
Fireworks
Fish Cannery
Glue
Guncotten
Commercial Incineration
of refuse
Explosives
Livestock Yards
Products of Compound
of Hydrocyanic Acid
Pyroxyllin Plastic
Refuse Disposal Plants
SPECIAL REQUIREMENTS -
(1) No establishment or industrial use
permitted in this Section, however, shall be located within
one hundred (100) feet of any single or multiple residential
district, except after a public hearing.
(2) At all manufacturing establishments, or
rebuilding or repair places permitted in any industrial
district, all materials and products shall be stored and all
manufacturing or rebuilding, repairing or renovating operations
carried on entirely within substantial buildings or completely
enclosed within substantial approved walls or fences, excepting
only Sipyards, Dry Docks, Boat Slips and the like, where
necessary frontage on the water may be open.
(3) The premises used by gasoline, oil
and petroleum storage tanks shall be surrounded by an unpierced
fire wall or dyke of such height and dimensions as to contain
the maximum capacity of aforesaid tanks with twenty (20%) per
cent margin of safety. All storage tanks and adjacent
structures shall meet the requirements of the National Board
of Fire Underwriters' as issued for 1938 or later.
(4) The foregoing paragraph requiring an
unpierced fire wall or dyke shall not apply to storage tanks
containing liquified petroleum, commonly known as bottled
gas; such tanks may be eructed without said wall and dyke.
BUILDING HEIGHT REGUALTIONS - (None ) < none for M-2
OR 81-64
PAGE-25-OF 64
MICROFILMED 3-13-80
FRONT, MAR AND SIDE YARD REGULATIONS - (None)
9. GENERAL CLASSIFICATION DISTRICT.
The lands in this district are currently
submerged lands located in the Banana River. In the event
a bulkhead lino is established or re -located, the land so .
embraced by the establishment or extension of a bulkhead
line in the Banana River shall be classified as G-C Zoning 1
District, and no building permit shall be issued in the -
said district until the land so classified shall be properly
zoned by the City Council either as:
R-1 A One (single) Family dwelling district,
R-1 One (single) Family Dwelling district,
R-3 Ehltiple Family dwelling district,
R-4 Nkiltiple Family district,
C-1 Neighborhood Commercial District,
C-2 General Commercial District,
M-2 Industrial District,
G-G General Classification.
ARTICLE VI. GENERAL PROVISIONS AND EXCEPTIONS.
That the foregoing regulations shall be subject,
to the following provisions and exceptions:
1. OCEAN BLUFF LINE SETBACK
No private buildings or structures, including.
artificial screening and fences, over four (4) feet in height
shall be constructed, installed or located less than thirty
(30) feut from the easte:'most top edge of tho natural ocean
bluff hereby designated as the Ocean Bluff Lino, provided,
however, construction of swimming pools aro specifically
excluded from this section. The City Engineer shall deter-
mine and designate the Ocean Bluff Line prior to construction
on lots or parcels abutting the Ocean Beach.
2. BULKHEADS
A bulkhead may be installed to protect land
from water action and erosion, but shall be installed to
OR 81-64
PAGE-26-0F 64
MICROFILMED 3-13-80
city requirements and city permit shall be required and
approved by the City Engineer prior to construction. The
Ocean Bluff Line shall be considered as the bulkhead line
for the ocean Bluff.
3. FENCES, HEDGES AND SCREENING
A. 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 impediment to normal traffic..
B. No fence or wall shall be erected over
six (6) feet in height in rear or side yard nor over four
(4) feet high in any front yard.
C. 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.
D. 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.
4. FRONT YARD EXCEPTIONS IN DUELLING DISTRICTS
Where lots comprising forty percent 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 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.
5. LOCATION OF ACCESSORY BUILDINGS AND USES IN
RESIDENTIAL AREAS.
A. Accessory buildings must be constructed
simultaneously with, or following the construction of the
main building.
OR 81-64
PAGE 27-OF 64.
MICROFILMED 3-13-80
B. When an accessory building is attached to
a principal structure by a breezeway, roofed passage or
otherwise, it shall comply with the dimensional requirements
of the principal building.
C. A detached accessory building, or a garage
apartment, shall not be closer than ten (10) feet to the
principal building, nor closer than five (5) feet to a side
or back lot line, nor closer than six feet to any other
accessory building on the same lot.
D. No detached accessory building shell be
located on the front half of a lot.
E. An accessory building shall not exceed
twelve (12) feet in height nor may occupy more than thirty-
five (35) percent of total area of a required rear yard.
6. YARDS
A. Every part of a required yard shall be open
from its lowest point of the sky, unabstructed, except for
the ordinary projection of sills, belt courses, cornices,
buttresses, ornamental features, chimneys, flues, and eaves,
however, no such projection 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 alley width may be considered as a portion of the
required rear yard.
D. 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.
7. CUT OR BREAKING CURBS, SIDEWALKS AND STREETS
A. It shall be unlawful for any person, firm,
or corporation to cut or break any curb, sidewalk or street
OR 81-64
PAGE-28-OF 64
MICROFILMED 3-13-80
without first obtaining a permit from the Building Inspector
of the City of Cape Canaveral,
B. 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.
C. 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, 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 described 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 bu unduly injurious to the
curb, sidewalk or street, shall thereupon issue a permit to
the applicant and all work performed shall be in accordance
with the application and permit and all work done shall bo
under the inspection and supervision of the Building Inspector
and the Building 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 hire.
The said Inspector shall have authority to have the work
stopped at any time, rc9nrdless 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 tho
curb, sidewalk or, street.
8. DRIVING ON SIDEWALKS
A. It shall be unlawful for any person to drive
any automobile, motor trucks, or other motor vehicle on, upon,
or across any sidewalk within the City of Cape Canaveral,
except at permanently extablished driveways, without first
taking all precaution necessary to prevent injury and breaking
of said sidewalk by the placing of boards or other protective
OR 81-64
PAGE - 29 OF 64
MICROFILMED 3-13-80
covering of sufficient strength to prevent injury or
breakage, over the sidewalks before driving on, upon or
acress the same.
B. Any person, firm, or corporation damaging
and injuring 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 five
(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 five (5) days, then 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.
9. SWIMMING POOLS -
Swimming 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.
A. 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 fire (5) feet from any
easement or lot line. All setbacks shall be measured from
the part of the pool nearest the property line in question and
shall be the same as those provided above for accessory building.
B. No swimming pool shall be so located, designed,.
operated or maintained as to interfere unduly with the enjoyment
of their property rights by owners of property adjoining swimming
pool.
C. Lights used to illuminate any swimming pool
shall be arranged or shaded as to reflect light away from
adjoining premises.
10. 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
OR 81-64
PAGE-30-OF 64
M ICROFILMED 3-13-80
tanks shall be installed under ground.
B. The number of curb breaks or driveways
for one establishment shall not exceed two (2) sixty (60)
foot minimum driveways for each frontage road and located
not closer than fifteen (15) feet from a street intersection
or lot line. Curb breaks and driveways shall be made or
constructed to city specifications and a city permit shall
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 a curb or sidewalk.
C. No gasoline and oil filling station
and no service station (which shall mean the main building)
shall bo 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 playgrounds, provided, however, that
nothing herein shall prohibit:
(1) The operation of existing gasoline
and oil filling stations or service stations, provided,
that no station is permitted within 2000 feet of an existing
station by shortest vehicle route.
11. RUBBISH ON SITE -
0n all lots or acreage there shall be no trash
or debris buried as a result of cleaning the lots for building
or otherwise, all debris must be burned or transported from
the premises in accordance with sound fire prevention and
sanitary practices, There shall be no incinerators installed
without permission by the Board of Adjustment.
12. 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.
PAGE 31-OF 64
MICROFILMED 3-13-80
13. HOTEL AND RESTAURANT REQUIREMENTS -
In addition to the Ordinance of the City of
Cape Canaveral, all apartments, motels and 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 and Restaurant
Commission.
14. BUILDING MOVING -
No building shall be moved into the City of
Cape Canaveral piecemeal or in its entirety, without permission
of the Board of Adjustment after hearing by the Planning and
Zoning Board. No pre -fabricated building shall be erected
in. the City of Cape Canaveral except by permission of the
Board of Adjustment after hearing by the Planning and Zoning
Board.
15. 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 Board of Adjustment after hearing by the Planning and
Zoning Board.
16. PUBLIC UTILITIES -
Structures or uses required for such public
utilities as gas, water, electric, sewerage and telephone can
be located within any district upon a public hearing by the
Planning and Zoning Board and approval of the Board of Adjustment.
17. RECLAIMED LANDS -
All lands reclaimed and/or built up by drudging
and/or other means from the Banana River shall have a minimum
grade of seven and one-half (71/2) feet above mean high water.
Road grade shall be six and one-half (6h) feet above mean high
water.
18. SEWERAGE DISPOSAL (TREATMENT) FACILITIES -
4 sewerage disposal (treatment) facilities
(temporary or permanent typo) shall not be located within six
OR 81-64
PAGE 32 OF 64
MICROFILMED 3-13-80
hundred (600) feet of a residential district and/or trailer
park.
19. WATER MAINS AND LATERALS - All water mains and
laterals shall be a minimum of six (6) inches in diameter and
must be approved by the City Engineer.
20. LIQUOR REQUESTS -
Application for zoning permission for bars or
cocktail lounges or package stores shall be considered each
on its own merits by the Board of Adjustment after hearing by
the Planning and Zoning Board.
21. ADVERTISING BILLBOARDS -
No advertising billboards will be permitted in
the City. Lighted signs will be authorized only to the extent
approved by the Board of Adjustment after hearing by the
Planning and Zoning Board. Under this Ordinance a billboard
is designated 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
provided except on the property on which the outlet is located.
22. CANAL WIDTH -
All canals constructed in the City of Cape Canaveral
shall be a minimum of eighty (80) feet wide.
23. SET BACK REQUIREMENTS - SPECIAL
(a) State Highway Astronaut Blvd.
1. 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 back on East side from Range
line 23 to Northern City Boundary shall be a minimum of
seventy-five (75) feet from highway right-of-way.
2. Set back on West side of Highway #401 from
Southern City Boundary, to Northern City Boundary shall be a
minimum of seventy-five (75) feet from highway right-of-way.
(b) North Atlantic Avenue (also known as State
OR 81-64
PAGE-33-OF 64
MICROFILMED 3-13-80
Road #401) setback, each side, shall be a minimum seventy-
five (75) feet from center line of road from the Southern
to Northern Boundary.
(c) Ridgewood Avenue - Setback, each side shall
be a minimum of twenty-five (25) feet from road right-of-way
from the Southern to Northern Boundary.
24. NEW TRAILER PARK AND/OR SUBDIVISIONS -
There is hereby adopted and made a part hereof
Section 15 of Resolution No. Z-1, known as the "Brevard
County Zoning Regulations". Said action referring specifically
to trailer and trailer parks.
(a) For purposes of construction of said Section
15, Resolution No. Z-1 wherever Brevard County Zoning Department
is referred to, shall mean the Board of Adjustment of the City
of Cape Canaveral and wherever Brevard County health Officer
is referred to in Section 15, for purposes of construction and
enforcement of this Ordinance, Brevard County Health Officer
shall mean the Health Officer of the City of Cape Canaveral..
It is specifically provided that the Board of Adjustment shall
not act upon any application for permits to the Planning and
Zoning Board for public hearing and its recommendations.
ARTICLE VII. OFF STREET PARKING AND LOADING REGULATIONS
1. DEFINITION -
For the purpose of this ordinance, one auto-
mobile parking space shall be a minimum of nine (9) feet by
twenty (20) feet (one hundred and eighty (180) square feet
usable for the parking of an automobile and exclusive of ingress
and egress driveways to connect the parking space with a public
street or alley. Sidewalks, porches and landscaped areas shall
not be considered a part of a parking space.
2. OFF STREET PARKING REGULATIONS -
A. 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 dwelling units, guest rooms, floor area or seats,
OR 81-64
PAGE-34 OF 64
MICROFILMED 3-13-80
minimum off street automobile parking space with adequate
provisions for ingress or egress in accordance with the
following requirements:
1. Auditorium, theaters or other places of
assemble - one space for each three persons or seats.
2. Business or commercial buildings - one space
for each three hundred square feet of customer sales area.
3. Churches, temples or places of worship - one
space for each four persons or seats.
4. Clubs or lodges - one space for each four seats
of persons accomodated in the assembly hall or auditorium.
5. Dwelling structures shall have one parking
space per efficiency unit; one and one water parking
space (1 1/4) per one bedroom unit; and one and one half (1 1/2)
parking spaces per two bedroom unit. Any fractional parking
space shall be considered a fully parking space.
6. Hospitals, sanitariums - one space for each
four patient beds, exclusive or spaces required for doctors,
attendants, nurses, and ambulances.
7. Hotels - one space for each bedroom.
8. Libraries, museums - a parking, area equal to
fifty percent of the floor area open to the public.
9. Manufacturing and industrial uses - one space
for each three employees on the largest working shift.
10. Medical or dental clinics - five spaces for
each doctor or dentist.
11. Mortuaries - one space for every six seats
of chapel capacity, plus one additional space for each three
employees.
12. Motels - one space for each sleeping unit plus
one space for the
owner or manager.
13. Nursing or convalescent homes - one space for
each four beds.
14. Office and professional buildings - one space
for each three hundred square feet of gross floor area.
OR 81-64
PAGE - 35 - OF 64
MICROFILMED 3-I3-80
15. Restaurants or other eating places - one
space for each three seats.
16. Rooming, boarding houses - one space for
each bed.
17. Cocktail Lounges - one space for each three
seats.
18. Schools - one space for every six seats in
the main auditorium.
3. LOCATION -
A. Parking spaces for all dwellings shall be
located on the same property with the main building to be
served.
B. Parking spaces for other uses shall be
provided on the same lot or not more than three hundred (300)
feet distance.
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 require-
ments and that the requirements of location are complied with.
4. OFF STREET LOADING REGULATIONS -
The following spaces shall be provided for
the uses indicated.
A. Every hospital, institution, hotel, single
occupancy, commercial or industrial building, or similar use
having a floor area in excess of ten thousand (10,000) square
feet requiring the receipt or distribution by vehicles of
materials and merchandiar;, shall have at least one permanently
maintained off street loading space for the first ten thousand
(10,000) square feet, and one additional 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.
OR 81-64
PAGE - 36-OF 64
MICROFILMED 3-13-80
B. Single occupancy retail operations, wholesale
and industrial operations with 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 shill have the following minimum dimensions:
Length, forty-five (45) feet; width, twelve (12) feet, height,
fourteen (14) feet.
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 VIII - ADMINISTRATION AND ENFORCEMENT -
BUILDING PERMITS AND CERTIFICATES OF ZONING COMPLIANCE.
1. ADMINISTRATION AND ENFORCEMENT -
A. An administrative official designated by the
city council shall administer and enforce this ordinance.
He may be provided with the assistance of such other persons
as the city council may direct.
B. If the administrative official shall find 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 use of the land, buildings, or
structures; removal of illegal buildings or structures or
of additions, alterations or structural changes thereto;
discontinuance of any illegal work being done; or shall take
any other action authorized by this ordinance to insure compliance
PAGE-37-OF 64
MICROFILMED
with or to prevent violation of its provisions.
2. BUILDING PERWITS REQUIRED -
A. No building or other structure shall be
erected, moved, added to, or structurally altered without
a permit therefor, issued by the administrative official.
No building permit shall be issued except in conformity with
the provisions of this Ordinance, except after written order
from the Board of Adjustment.
3. APPLICATION FOR BUILDING PERMIT -
A. All applications for building permits shall
be accompanied by plans in duplicate, drawn to scale, showing
the actual dimensions and shape of the lot to be built upon;
the exact sizes and locations on the lot of buildings already
existing, if any; and the location and dimensions of the pro-
posed building or alteration. The application shall include
such other information as lawfully may be required by the
administrative official, including existing or proposed building
or alterration; existing or proposed uses of the building and
land; the number of families, housekeeping units or rental
units the building is designed to accomodate; conditions
existing on the lot; and such other matters as amy be necessary
to determine conformance with, and provide for the enforcement
of this ordinance.
B. One copy of the plans shall be returned to
the applicant by the administrative official, after he shall
have marked such copy either as approved or disapproved and
attested to same by his signature on such copy. The second
copy of the plans, similarly marked, shall be retained by
the administrative official.
4. CERTIFICATES OF ZONING COMPLIANCE FOR NEW,
ALTERED, OR NON -CONFORMING USES -
A. It shall be unlawful to use or occupy or
permit the use or occupancy of any building or premises, or
both, or part thereof hereafter created, erected, change,
converted, or wholly or partly altered or enlarged in its use
OR 81-64
PAGE - 38- OF 64
MICROFILMED 3-13-80
or structure until a certificate of zoning compliance shall
have been issued therefor by the administrative official
stating that the proposed use of the building or land conforms
to the requirements of this ordinance.
B. [No non-conforming structure] or use shall be
maintained, renewed, changed, or extended until a certificate
of zoning compliance shall have been issued by the administrative
official. The certificate of zoning compliance shall state
specifically wherein the non -conforming use differs from the
provisions of this ordinance, provided that upon enactment
or amendment of this ordinance, owners or occupants of non-
conforming uses or structures shall have three months to apply
for certificates of zoning compliance. Failure to make such
application within three months shall be presumptive evidence
that the property was in conforming use at the time of enact-
ment or amendment of this ordinance,
C. No permit for crection, alteration, moving.
or repair of any building shall be issued until an application
has been made for a certificate of zoning compliance, and the
certificate shall be issued in conformity with the provisions
of this ordinance upon completion of the work.
D. A temporary certificate of zoning compliance
may be issued by the administrative official for a period not
exceeding six months during alterations or partial occupancy
of s building pending its completion, provided that such
temporary certificate may require such conditions and safe-
guards as will protect the safety of the occupants and the
public.
E. The administrative official shall manitain
a record of all certific tos of zoning compliance, and copies
Shall be furnished upon request to any person.
F. Failure to obtain a certificate of zoning
compliance shall be a violation of this ordinance and punishable
under Section 16 of this ordinance.
OR 81-64
PAGE - 39- 64
MICROFILMED 3-13-80
5. EXPIRATION OF BUILDING PER1IT: SPECIAL BUILDING
PERMIT-
A. If the work described in any building permit
has not begun within 90 days from the date of issuance,
thereof, said permit shall expire and be cancelled by the
administrative official, and written notice thereof shall be
given to the persons affected. Provided, however, that hi
the event the work described in any building permit has not
begun within 90 days from the date of issuance thereof, the
Administrative Officer may grant a 90 day extension of said
building permit upon proper application and no fees shall be
charged for the said extention.
B. If the work described in any building permit
has not been substantially completed within one year of the
date of issuance thereof, said permit shall expire and be
cancelled by the administrative official, and written notice
thereof shall be given to the persons affected, together
with notice that further work as described in the cancelled
permit shall not proceed unless and until a special building
permit has been obtained.
C. At the discretion of the administrative official,
such special permit may be based on the original application
or he may require submission of a new application. The
special permit may include limitations on time allowed for
substantial completion of the work, and provisions for a
reasonable performance bond to insure completion within the
time limit set.
ARTICLE IX — BOARD OF ADJUSTMENT: PROCEDURE
1. The City Council sitting an the Board of
Adjustment is hereby established.
2. PROCi.DINGS OF THE BOARD OF ADJUSTMENT -
A, The Board of Adjustment shall adopt rules
necessary for the conduct of its affairs, and in keeping with
the provisions of this ordinance. Meetings shall be held at
OR 81-64
PAGE- 40- OF 64
MICROFILMED 3-13-80
the call of the chairman and at such other times as the
Board of Adjustment may determine. The Chairman, or in his
absence the acting chairman, may administer oaths and compel
the attendance of witnesses. All meetings shall be open to
the public.
B. The Board of Adjustment shall keep minutes
of its proceedings, showing the vote of each member upon each
question, or if absent or failing to vote indicating such fact,
and shall keep records of its examinations and other official
actions, all of which shall be a public record and be immediately
filed in the office of the Board.
3. HEARINGS: APPEALS: NOTICE
A. Appeals to the Board of Adjustment may be
taken by any person aggrieved or by any officer or bureau of
the governing body of the city affected by any decision of the
administrative official. Such appeals shall be taken within
a reasonable time, not to exceed 60 days or such lesser period
as may be provided by the rules of the Board, by filing with
the administrative official and with the Board of Adjustment
a notice of appeal specifying the grounds thereof. The
administrative official shall forthwith transmit to the Board
all papers constituting the record upon which the action appealed
from was taken.
B. The Board of Adjustment shall fix a reason-
able time for the hearing of the appeal, give public notice
thereof as well as due notice to the parties in interest, and
decide the same within a reasonable time. At the hearing, any
party may appear in person or by agent or attorney.
4. STAY OF PROCEEDINGS -
An appeal stays all proceedings in futherance
of the action appealed from, unless the administrative official
from whom the appeal is taken certifies to the Board of Adjust-
ment after the notice of appeal is filed with him, that by
reason of facts stated in the certificate, a stay would, in his
OR 81-64
PAGE-41-OF 64
MICROFILMED 3-13-80
opinion, cause imminent peril to life and property, In
such case proceedings shall not be stayed other than by
a restraining order which may be granted by the Board of
Adjustment or by a court of record on application, on notice
to the administrative official from whom the appeal is taken
and on due cause shown.
5. THE BOARD OF ADJUSTMENT: POWERS AND DUTIES —
A. The Board of Adjustment shall have the
following powers and duties:
1. Administrative review — To hear and
decide appeals where it is alleged there is error in any
order, requirement, decision, or determination made by the
administrative official in the enforeement of this ordinance.
2. Special Exceptions: Conditions Governing
Applications; Procedures — To hear and decide only such
special exceptions as the Board of Adjustment is specifically
authorized to pass on by the terms of 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 to deny special exceptions when not in
harmony with the purposes 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 suction of this ordinance
under which the special exception is sought and stating the
grounds on which it is requested;
(b) Notice shall be given at least fifteen
days in advance of public hearing. The owner of the property
for which special exception is sought dr his agent shall be
notified by mail. Notice of such hearing shall be posted on
the property for which special exception is sought, at the
City Hall, and in one other public place at least 15 days prior
OR 81- 64
PAGE - 42- OF 64
MICROFILMED 3-13-S0
to the public hearing;
(c) The public hearing shall be held.
Any party may appear in person, or by agent or attorney.
(d) The Board of Adjustment shall make
a finding that it is empowered under the section of this
ordinance described in the application to grant the special
exception, and that the granting of the special exception
will not adversely affect the public interest.
3. In granting any special exception, the
Board of Adjustment may describe appropriate conditions and
safeguards in conformity with this ordinance. Violations of
such conditions and safeguards, when made a part of the terms
under which the special exception is granted, shall be deemed
a violation of this ordinance and punishable under Section 16
of this ordinance. The Board of Adjustment shall prescribe
a time limit within which the action for which the special
exception as required shall be begun or completed, or both.
Failure to begin or complete, or both, such action within the
time limit set shall void the special exception.
4. Variances; Conditions Governing Applications;
Procedures - To authorize upon appeal in specific cases such
variance from the terms of this ordinance as will not be
contrary to the public interest where, owing to special
conditions, a literal enforcement of the provisions of this
ordinance would result in unnecessary hardship. A variance
from the terms of this ordinance shall not be granted by the
Board of Adjustment unless and until:
(a) A written application for a variance
is submitted demonstrating:
L. That special conditions and circumstances
exist which are peculiar to the land, structure, or building
involved and which, are not applicable to other lands, structures,
or buildings in the same district;
2. That literal interpretation of the provisions
OR 81-64
PAGE-43-0F 64
MICROFILMED 3-13-80
of this ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same district
under the terms of this ordinance;
3. That the special conditions and circum-
stances 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 the other lands, structures,
or buildings in the same district.
(b) No non -conforming use of neighboring
lands, structures, or buildings in the same district, and
no permitted use of lands, structures, or buildings in other
districts shall be considered grounds for the issuance of a
variance.
(c) Notice of public hearing shall be given
as in Section 9 (2) (b) above;
(d) The public hearing shall be held. Any
party may appear in person, or by ag nt or by attorney;
(e) The Board of Adjustment shall make
findings that the requirements of Section 9 (3) (a) have been
met by the applicant for a variance;
(f) The Board of Adjustment shall further
make a finding that the reasons set forth in the application
justify the granting of the variance, and that the variance
is the minimum variance that will make possible the reasonable
use of the land, building, or structure;
(g) The Board of Adjustment shall further
make a finding that the granting of the variance will be in
harmony with the general purpose and intent of this ordinance,
will not be injurious to the neighborhood, or otherwise detri-
mental to the public welfare.
(h) In granting any variance, the Board of
Adjustment may prescribe appropriate conditions and safeguards
in conformity with this ordinance. Violation of such conditions
OR 81-64
PAGE - 44 - OF 64
MICROFILMED 3-13-80
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 under Section 16 of this
ordinance.
(i) 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 in said district.
5. Decisions of the Board of Adjustment.
(a) In exercising the above mentioned
powers, the Board of Adjustment may, so long as such action
is in conformity with the terms of this ordinance, reverse
or affirm, wholly or partly, or may modify the order, require-
ment, decision, or determination appealed from and may make
such order, requiremtne decision, or determination as ought
to be made, and to that end shall have powers of the admin-
istrative official from whom the appeal is taken.
(b) The concurring vote of four members
of the Board shall be necessary to reverse any order, require-
ment, decision, or determination of the administrative official,
or to dedide 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,
ARTICLE X. SCHEDULE OF FEES, CHARGES AND EXPENSES -
1. The City Coundil shall establish a schedule
of fees, charges, and expenses, and a collection procedure, for
building permits, certificates of zoning compliance, appeals,
and other matters pertaining to this ordinance. This schedule
of fees shall be posted in the office of the administrative
official, and may be altered or amended only by the City Council.
2. No permit, certificate, special exception, or
variance shall be issued unless or until such costs, charges,
fees, or expenses have been paid in full, nor shall any action
OF 81-64
PAGE -45- 0F 64
MICROFILMED 3-13-80
bo taken on proceedings before the Board of Adjustment unless
and until preliminary charges and fees have been paid in full.
ARTICLE XI. AMENDMENTS -
1. The regulations, restrictions and boundaries
set forth in this ordinance may from time to time be amended
supplemented, changed or repealed, provided, however, that no
such action may be taken until after a public hearing in
relation thereto, at which parties in interest and citizens
shall have an opportunity to be heard. At least fifteen
days notice of the time and place of such hearing shall be
published in a newspaper of general circulation in the city.
2. In case, however, of a protest against such
change signed by the owners of twenty percent or more either
of the area of the lots included in such proposed change, or
of those owners within 500 feet in any district from the
property included in such proposed change, such amendment
shall not become effective except by the favorable vote of
three -fourths of the City Council.
ARTICLE XII. PROVISIONS OF 0,U)INANCE 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 promotion of the public health, safety, morals
or general welfare. Wherever the requirements of this ordinance
are at variance with the requirements of any other lawfully
adopted rules, regulations, ordinances, the most restrictive
of that imposing the higher standards shall govern.
ARTICLE XIII. COMPLAINTS REGARDING VIOLATIONS -
Whenever a violation of this ordinance occurs, or
is alleged to have occurred, any person may file a written
complaint. Such complaint stating fully the causes and basis
thereof shall be filed with the administrative official. He
shall record properly such complaint, immediately investigate,
and take action thereon as provided by this ordinance.
OR 81-64
PAGE - 46- OF 64
MICROFILMED 3-13-80
ARTICLE XIV. PENALTIES FOR VIOLATION -
1. Violation of the provisions of this ordinance
or failure to comply with any of its roquirements shall constitute a
misdemeanor. Any person who violates this ordinance or fails
to comply with any of its requirements shall upon conviction
thereof be fined not more than One Hundred Dollars ($100.00)
or imprisoned for not more than 30 days, or both, and in add-
ition shall pay all costs and expenses involved in the case.
Each day such violation continues shall be considered a
separate offense.
2. The owner or tenant of any building, structure
premises, or part thereof, and any aechitect, builder, contractor,
agent, or other person who commits, participates in, assists in,
or maintains such violation, may be found guilty of a separate
offense and suffer the penalties herein provided.
3. Nothing herein contained shall prevent the
city from taking such other lawful action as is necessary to
prevent or remedy any violation.
ARTICLE XV. DEFINITIONS
1. 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 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 "Building" includes the word "structure"
2. 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
"intended", "arranged":. or "designed to be used or occupied."
3. ACCESSORY BUILDRIG AND USES.
A subordinate building or a portion of the
main building, the use of which is incidental to that of the
dominate use of the building or land including accessory signs..
OR 81-64
PAGE - 47 - OF 64
MICROFILMED 3-13-80
bona fide servant's quarters, and green houses operated on
a non-commercial basis. An accessory use is one that is
incidental to the main use of the premises, and shall include
swimming pools.
4. ALLEY -
A public or private way which affords only a
secondary means of access to property abutting thereon.
5. APARTMENT HOUSE -
A building designed for or occupied exclusively
by three or more families with separate housekeeping and
cooking facilities for each.
6. BOARDING HOUSE (LODGING 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.
7. BUILDING -
Any structure designed or built for the support
enclosure, shelter, or protection of persons, animals, chattles
or property of any kind.
8. BUILDING, MAIN -
A building in which is conducted the main or
principal use of the lot on which said building is situated.
9. 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 roofs. where no grade has been established the
height of the building may be measured from the mean elevation
of the finished lot grade at the front of the building.
10. BULKHEAD -
A retainer wall or structure designed to protect
the erosion of land by water action or acts of nature.
OR 81-64
PAGE -48 -OF 64
MICROFILMED 3-13.80
11. 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 shore-
line within which filling will be permitted.
12. CANAL -
An artificial watercourse, trench or ditch
in the earth for confining water to a defined channel.
13. CANAL LOT -
A parcel or land adjacent to a canal.
14. CLINIC -
A clinic is an establishment where patients,
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 and such persons must be
madical doctors, chiroprators, dentists, or any similar
profession and practice of which is licensed in the State of
Florida.
15. CLUB -
An association of person, for some common
purpose, but not including groups organized primarily to
render a service which is customarily carried on as a business.
The term "private club" shall apply to all nationally recognized
and chartered social organizations not operated for profit.
16. CONDITIONAL USE -
A use not adverse to the public interest and
which is annroved by the City Council. When, after review
of an application and plans appurtenant thereto and public
hearing thereon, the Planning and Zoning Board finds as a
fact that the proposed use or uses are consistent with the
General Zoning Plan and the public interest, the Board may
recommend to the City Council an approval thereof.
OR 81-64
PAGE -49- OF 64
MICROFILMEQ 3-13-80
17. COURT -
An open, unoccupied, unobstructed space,
except for trees, shrubs and fountains, staturay, other
than a yard, on the same lot as a building.
18. COURT, BUNGALOW -
A bungalow court is a group of three or more
single family dwellings on one or more adjoining lots,
having separate outside entr-aces on the ground floor level
for each single family dwelling, including all open spaces
required by this ordinance.
19. COURT, INNER -
A court surrounded by a structure and not
extending to a street or alley or to a front, side or rear
yard.
20. COURT, OUTER -
A court extending to a street or alley or to
a front, side or rear yard.
21. CURB LEVEL -
The curb level or.grade is the elevation of the
street curb established by the City.
22. DORMITORIES -
A plurality of rooms or building containing
sleeping accommodations which facility is operatad for the
use of sleeping room rentals.
23. DWELLING -
Any building or portion therof which is designed
for or used for residential purposes, but not including Trailer
Coach, or a converted trailer, hotels, motels, lodging houses,
boarding houses, and dormitories.
24. DWELLING, SINGLE-FAMILY -
A detached residence designed for or occupied by
one family only.
OR 81-64
PAGE -50 -OF 64
MICROFILMED 3-13-80
25. DWELLING, TWO-FAMILY -
A residence designed for or occupied by two
fariilies only, with separate housekeeping and cooking facilities
for each.
26. DWELLING, MULTIPLE-FAMILY -
A residence designed for or occupied by three
or more familes, with separate housekeeping and cooking
facilities for each.
27. EFFICENCY APARTMENT -
A dwelling unit in which the kitchen, living,
sleeping and dining facilities are located within one room.
28. 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.
29. FENCE -
An artificial barrier, wall ordivider constructed
in order to provide privacy, protection or decoration.
30. 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.
31. FLOOR AREA, MINIMUM -
The overall floor area of a dwelling or structure
exclusive of porches, carports and garage.
32. GARAGE APARTMENT -
An accessory or subordinate building containing
living facilities for not more than one family, which living
facilities shall not occupy more than fifty percent of the
total floor area.
33. GARAGE, PRIVATE -
An accessory building or a portion of the principal
building used for the storage of automobiles of the occupants of
OR 81-64
PAGE -51- OF 64
MICROFILMED 3-13-80
the principal building. A carport is a private garage.
34. 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.
35. 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.
36. GAS STATION (SERVICE STATION) -
A structure designed or used for the retail
sale or supply of fuels, lubricants, air, water, and other
operating commodities for motor vehicles and including the
customary space and facilities for the installation of such
commodities on or in such vehicles, but not including space
or facilities for the storage, repairs, refinishing or other
servicing of motor vehicles.
37. GRADE FINISHED
The complete surface of lawns, walks and drive-
ways brought to grade as shown on the plans or designs relating
thereto.
38. GUEST COTTAGE -
Living quarters within a detached accessory
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.
39. GUEST (TOURIST) H0ME -
A private dwelling in which transient sleeping
accommodations are provided for compensation, especially motor
OR 81-64
PAGE -52 -OF 64
MICROFILM 3-13-80
tourists or travelers.
40. HOME OCCUPATION -
Any use conducted entirely within a dwelling
and carried on by an occupant thereof, which use is clearly
incidental and secondary to the use of the dwelling for
dwelling purposes and does not change the character thereof
and provided, that all of the following conditions are met:
Only such commodities as are rude on the premises may be sold
on the premises. However, all such sales of home occupation
work or prcaucts shall be conducted within a building and
there shall be no outdoor display of merchandise or products,
nor shall there be any indoor display visible from the outside
of the building. No person 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 norrally used for purely
domestic or household purposes. Not over twenty-five percent
(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 Council. 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, corimercial kennels, real estate offices or
insurance offices.
41. HOTEL -
Any building or group of buildings containing
sleeping room accommodations for twenty-five (25) or more
OR 81-64
PAGE -53 -OF 64
MICROFILMED 3-13-80
guests and providing service generally provided by hotels.
42. JUNK YARD -
An open area where old and dilapidated auto-
mobiles, trucks, tractors, and other such vehicles and parts
thereof, wagons, and other kinds of vehicl::s and parts thereof,
scrap, building materials, scrap contractor's equipment,
tanks, casks, cans, barrels, boxes, drums, piping, bottles,
glass, old iron, machinery, rags, papers, excelsior, hair,
mattresses, beds or bedding or any other kind of scrap or
waste naterial which is stored, kept, handled or displayed
within the City limits.
43. 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.
44. 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.
45. 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.
46. LOT -
A lot is a parcel of land of a size sufficient
to met the minimum requirements for use, coverage, and area,
and to provide such yards and other open spaces as are herein
required. Such lots shall have a frontage on an improved
public street, and may consist of (a) a single lot of record,
(b) a portion of a lot of record, (c) a combination of complete
lots of record, and portions of lots or record, (d) a parcel of
land described by metes and bounds, provided however, that in
no case of division or combination shall any residual lot or
OR 81.64
PAGE -54 -OF 64
MICROFILMED 3-13-80
parcel be created which does not neet with the requirements
of this ordinance.
47. LOT, CORNER -
Any lot situated at the junction of and
abutting on two (2) or more intersections or intercepting
streets or public highways. If the angle of intersection
of the direction lines of two (2) highways is more than one
hundred and thirty-five degrees (135) the lot fronting on
said intersection is not a corner lot.
48. LOT, DOUBLE FRONTAGE . -
A lot having a frontage on two (2) non -inter-
section streets as distinguished front a corner lot.
49. LOT, INTERIOR -
Any lot which is not a corner lot.
50. LOT OF RECORD -
A lot which is part of a subdivision, the map
of which has 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.
51. LOT WIDTH -
The mean horizontal distance between the side
lot lines, measured at right angles to the depth.
52. 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.
53. LOT REVERSED CORNER -
A corner lot, the stroet side lot line of which,
is substantially the continuation of the front lot line of the
first lot to its rear.
OR 81-64
PAGE -55- OF 64
MICROFILMED 3-13-80
54. MOTEL -
A building or group of buildings whether
detached or in connected units, used as individual sleep-
ing 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. The term "MOTEL" includes buildings,
designated as auto courts, tourist courts, motor lodges and
similar applications.
55. 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.
56. NURSING (CONVALESCENT) HOME -
A home for the aged, chronically 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.
57. PLANNING AND ZONING BOARD -
The Planning and Zoning Board of the City of
Cape Canaveral, Florida.
58. BOARD OF ADJUSTMENT -
A Board of Adjustment is hereby established
which shall consist of five (5) members.
The organization and procedures tinder 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
OR 81-64
PAGE -56 -OF 64
MICROFILMED 3-13-80
letter of this ordinance, appeals to the Board may be taken
by any person aggrieved or by any department of the governing
body of the City of Cape Canaveral affected by any decision
of the administrative official.
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 determin—
ation 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
contrary 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 nembers may reverse or
affirm, wholly or partly, or modify the order, requirements,
decision or determination appealed iron and may make such
order, requirement, decision or determination as ought to be
made, and to that end shall have all the powers of the official
from whom the appeal is taken.
4. In considering all proposed variations to this
ordinance the Board shall, before making any finding in a
specific case, first determine that the proposed variation
will not constitute any change in the Districts and will not
impair an adequate supply of light and air to adjacent
property, or materially increase the congestion in public
streets, or increase the public danger of fire and safety,
or materially diminish or impair established property values
within the surrounding area, or in any other respect impair
the public health, safety, morals, and general welfare of the
City.
5. Any person or persons jointly or severally,
OR 81-64
PAGE -57-OF 64
MICROFILMED 3-13-80
aggrieved by any decision of the Board, or any taxpayer., or any
officer, department of the City Council may present to a court
or record a petition, duly verified, setting forth that such
decision is illegal, in whole or in part, specifying the grounds
of the illegality. Such petition shall be presented to the
court within 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 hearing 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 hearing.
59. SETBACK -
The minimum horizontal distance between the
street, rear or side lines of the lot and the front, rear or
side lines of the building. when two (2) or more lots under
one (1) ownership are used, the exterior property lines so
grouped shall be used in determining setbacks.
60. SIGN -
Any device designed to inform, or attract the
attention of persons not on the premises on which the sign
is located, provided however that the following shall not be
included in the application of the regulations herein.-
(a) Signs not exceeding one square foot in
area and bearing only property numbers, post box numbers,
or names of occupants of premises;
(b) Flags and insignias of any government except
when displayed in connection with commercial promotion;
(c) Legal notices; identification, information,
OR 81-64
PAGE -58 -OF 64
MICROFILMED 3-13-80
or directional signs erected 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 hearing no advertising matter.
61. SIGNS, NUMBER AND SURFACE AREA.
For the purpose of determining number of
signs, a sign shall be considered to be a single display
surface or display device containing elements organized,
related and composed to form a unit. Where matter is displayed
in a random manner without organized relationship of elements,
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 parallelogram, triangle, circle or semi-
circle comprising all of the display area of the sign and in-
cluding all of the elements of the matter displayed, but not
forming part of the display itself, or frames surrounding
display areas.
62. SIGN, ON-SITE -
A sign relating in its subject matter to the
premises on which it is located, or to products, accommodations,
services, or activities on the premises. On -Site signs do not
include signs erected by the outdoor advertising industry in
the conduct of the outdoor advertising business.
63. SIGN, OFF-SITE -
A sign other than an on-site sign.
64. 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.
OR 81-64
PAGE- 59- OF 64
MICROFILMED 3-13-80
65. STREET -
A public or private thoroughfare which affords
the principal means of access to abutting property. This
includes lane, place, way or other means of ingree or egress
regardless of the term used to describe it.
66. STREET RIGHT-OF-WAY LINE -
The dividing line between a lot, tract or parcel
of land and contiguous street.
67. STRUCTURE -
Anything constructed or erected with a fixed
location on the ground, or attached to something having a
fixed location on the ground. Among other things, structures
include buildings, walls, fences, billboards, and poster panels.
68. STRUCTURAL ALTERATION -
Any changes except 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.
69. SWIMMING POOL -
Any constructed pool used for swimming or
bathing over twenty-four (24) inches in depth or with a
surface area exceeding two hundred and fifty (250) square
feet.
70. TRAILER COACH -
Any vehicle uzed, 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 con-
structed to permit occupancy as a dwelling or sleeping place
for one or more persons.
71. TRAILER PARK -
A park, licensed and approved by the State
Board of Health and established to carry on the business of
parking trailer coaches.
OR 81-64
PAGE -60- OF 64
MICROFILMED 3-13-80
72. YARD -
A required open space unoccupied and un-
obstructed by any structure or portion of a structure from
30 inches above the general ground level of the graded lot
upward, provided however, that fences and walls may be
permitted in any yard subject to height limitations as
indicated herein.
73. YARD, FRONT -
A yard extending between side lot lines across
the front of the lot.
In any required front yard, no fence or wall
shall be permitted which materially impedes vision across
such yard above the height of 30 inches, and no hedge or
other vegetation shall be permitted which materially impedes
vision across such yard between the heights of 30 inches and
ten feet.
In the case of through lots, unless the pre-
vailing front yard pattern on adjoining lots indicated
otherwise, front yards shall be provided on all frontage.
Where one of the front yards that would normally be required
on a through lot is not in keeping with the prevailing yard
pattern, the administrative official may waive the require-
ment for the normal front yard and substitute therefor a
special yard requirement which shall not exceed the average
of the yards provided on adjacent lots.
In the case of corner lots which do not have
reversed frontage, a front yard of the required depth shall
be provided in accordance with the prevailing yard pattern
and a second front yard of half the depth required generally
for front yards in the diatrict shall be provided on the other
frontage.
In case of reversed frontage corner lots, a front
yard of the required depth shall be provided on either frontage
and a second front of half the depth required generally for
OR 81-64
PAGE -61- OF 64
MICROFILMED 3-13-80
front yards in the district shall be provided on the other
frontage.
In the case of corner lots with more than two
frontages, the administrative official shall determine the
front yard requirements, subject to the following limitations:
(1) At least one front yard shall be provided, haveing the
full depth required generally in the district; (2) No other
front yard on such lot shall have less than half the full
depth required generally.
74. DEPTH OF REQUIRED FRONT YARDS SHALL BE MEASURED -
At right anles to a straight line joining the foremost
points of the side lot lines. The foremost point of the side lot
line, in the case of rounded property corners at street inter-
sections, shall be assured to be the point at which the side
and front lot lines would have met without such rounding.
Front and rear front yard lines shall be parallel.
75. YARD, SIDE -
A yard extending from the rear line of the
required front yard to the rear lot line.
In the case of through lots, side yards shall
extend from the mar lines of the front yards required. In
the case of corner lots with normal frontage, there will be
only one side yard, adjacent to the interior lot. In the
case of corner lots with reversed frontage, the yards remaining
after the full and half -depth front yards have been extablished
shall be considered to be side yards.
76. WIDTH OF REQUIRED SIDE YARDS SHALL BE MEASURED
At right angles to a straight line joining the ends of front
and rear lot lines on the sam side of the lot. The inner
side yard line of a required side yard shall be parallel to
the straight line so extablished.
77. YARD, REAR -
A yard entending across the rear of the lot
between inner side yard lines. In the case of through lots
OR 81-64
PAGE- 62- OF 64
M ICROFILMED 3-13-80
and reversed frontage corner lots, there will be no rear
yard. In the case of corner lots with normal frontage,
the rear yard shall extend from the inner side yard line of
side yard adjacent to the interior lot to the rear line of
the half -depth front yard.
78. DEPTH Or REQUIRED REAR YARDS SHALL BE MEASURED
at right angles to a straight line joining the rearmost points
to the side lot lines. The forward rear yard line of a
required rear yard shall be parallel to the straight line
so established.
79•.The accompanying diagram indicates the location
of yards on rectangular lots:
YARDS ON RECTANGULAR LOTS
YARDS FRONT SIDE REAR
YARDS ON NONRECTANGULAR LOTS
---- LOT LINES
---- LINES ESTABLISHED FOR YARD
MEASUREMENT
---- YARD LINES
ILLUSTRATION ASSUMES 30
FRONT YARD DEPTH, 10 SIDE
YARD WIDTH, 10' REAR YARD
DEPTH.
The diagrams illustrate location and methods of measuring
yards on nonrectangular lots.
OR 81-64
PAGE - 63- OF 64
MICROFILMED 3-13-80
ARTICLE XVI. 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 in any part thereof other than the part so
declared to be unconstitutional or invalid.
This Ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape
Canaveral, Florida, this 17 day of November ,1964.
(Signature)
Mayor
Attest:
Approved as to Form:
(Signature)
City Attorney
First Reading: November 3-1964
Posted on City Hall Bulletin Board: Nov 4.1964
Second Reading: Nov. 17, th-1964
OFFICIAL RECORD
DO NOT REMOVE