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HomeMy WebLinkAboutAdopted by Ord 02-1983 w/Revised PagesDATE: Imf Cape Canaverax 105 POLK AVENUE - P.OBOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407/783-1100 FAX 407/799-3170 De Canaveral Zoning Regulations '-ity Clerk February 23, 1993 V SUBJECT: Revisions to Zoning Code 00011011 Attached please find revised pages, to the City of Cape Canaveral's Zoning Regulations. These pages reflect the changes made by the adoption of the following Ordinances: Ordinance No. Adopted Date 10-91 November 7, 1991 01-92 January 21, 1.992 24-92 January 5, 1993 Listed below are the pages of your zoning regulations which should be removed and destroyed and the new pages which should be inserted in order to bring the zoning regulations up to date. Pages to Be Removed & Destroyed Revised Pages to be Inserted Page Nos. 94 - 97 Page Nos. 94 - 97A Page No. 122 Page No. 122 Upon completion of this procedure, your Zoning Regulations book will be current. If you should have any questions, please contact my office at x1221. f gm, Attachments PR$NTED ON RECYCLED PAPER 11001110101,11 - of'Cape Canaveral 105 POLL AVENUE - P.O. BOX 326 CAPE CANAVEHAL, FLORIDA 32920 TELEPHONE 407 783-1100 IPA pa D-WHAR FAVA 01123 jusL 1990 Attached, please find the revised pages to the City of Cape Canaveral's Zoning Ordinance. These pages reflect the changes made by the adoption of the following Ordinances: Ordinance No. 12-B9 19 Sept 89 Ordinance No. 20-90 1 May 90 Ordinance No. 26-90 19 Jun 90 Listed below are the pages of your zoning book which should be removed and destroyed and the new pages which should be inserted in order to bring your zoning book up, to date. Pages to be Removed and Destroyed Page 12 & 13 Page 40 & 41 Page 90 & 91 Pages to be Inserted Page 12 & 13 Page 40 & 41. Page 90 & 91 Upon completion of this procedure, your book will. be current. Z 0 N I N G R E G O t A T 1 0 N S C I T Y 0 S C A P E C A N A 7£ R A t ORDINANCE NO. 2-83 FEBRUARY 15. 1983 2ND PRINTING JULY 22. 1985 AUGUST l§, 1989 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA TABLE OF CONTENTS Section Page 631 Establishment and Purpose 631.01 Purpose 1 631.03 Repeal of Conflicting Ordinance 2 631.05 Short Title 2 632.01 Zoninq Definitions 2 633 Establishment of Districts: Provision for Official Zoninq Map 633.01 Official Zoning Map 18 633.03 Replacement of Official Zoning Map 19 633.05 Rules for Interpretation of District Boundaries 19 635 Application of District Regulations 635.01 Conformity With Regulations 21 635.03 Structure Height, Maximum Units, Lot Area Percentage, Setbacks 21 635.05 Setback, Open Space, Parking, Loading Requirements for Additional Buildings 21 635.07 Area Used for density Calculations Cannot Be Reused for Additional Density Cal- culations 22 635.09 Dimension or Area Reduction Below Minimum Requirements 22 635.11 Lot and Street Requirements for Structures 22 635.13 Zoning Classification of Annexations 22 635.15 Unusual Uses or Uses Not Specifically Permitted 23 637 Schedule of District Regulations 637.01 R-1 Low Density, Residential District 24 637.03 Principal Uses and Structures 24 637.05 Accessory Uses and Structures 24 637.07 Special Exceptions 25 637.09 Prohibited Uses and Structures 25 637.11 Area and Dimension Regulations; Minimum Setback Requirements 25 -i- ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA TABLE OF CONTENTS Section Page 637.13 Off -Street Parking and Access 25 637.15 R-2 Medium Density Residential District 27 637.17 Principal Uses and Structures 27 637.19 Accessory Uses and Structures 27 637.21 Special Exceptions 28 637.23 Prohibited Uses and Structures 28 637.25 Area and Dimension Regulations; 28 Minimum Setback Reauirements 29 637.27 Off -Street Parking and Access 30 637.29 R-3 Medium Density Residential District 31 637.31 Principal Uses and Structures 31 637.33 Accessory Uses and Structures 31 637.35 Special Exceptions 32 637.37 Prohibited Uses and Structures 32 637.39 Area and Dimension Regulations; 32 Minimum Setback Requirements 33 637.41 Off -Street Parking and Access 34 637.43 Minimum Breeze Requirement 34 637.44 Dune Crossover Required 34 637.45 C-1 Low Density Commercial District 35 637.47 Principal Uses and Structures 35 637.49 Accessory Uses and Structures 36 637.51 Special Exceptions 36 637.53 Prohibited Uses and Structures 40 637.55 Area and Dimension Regulations; 41 Minimum Setback Requirements 42 637.57 Landscaping, Screening and Parking 42 637.59 Off -Street Parking and Access 42 638.01 M-1 Light Industrial and Research and Development District 43 638.03 Principal Uses and Structures 43 638.05 Accessory Uses and Structures 44 638.07 Special Exceptions 44 638.09 Prohibited Uses and Structures 48 638.11 Area and Dimension Regulations; Minimum Setback Requirements 48 638.13 Landscaping, Screeninq and Parking 49 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA TABLE OF CONTENTS Section Page 638.15 Performance Standards 49 638.17 Parking and Loading 49 639 Townhouse Requlat ions 639.03 Area and Dimension Regulations 50 639.03 Minimum Setback Requirements 50 639.05 Off -Street Parking 51 639.07 Utilities 51 639.09 Preservation of Trees 51 639.11 Individually Platted Lots 51 639.13 Procedures 52 639.15 Development Schedule 52 640 Residential Planned Unit Development (RPUD) 640.01 Purpose and Ihtent 53 640.03 Definitions 54 640.05 Permitted Uses 56 640.07 Common Open Space, Drainage Systems, Private Roads, and Other Related Common Facilities 56 640.09 Land Use Regulations 57 640.11 Classification of Applications 63 640.13 Procedure for Receiving Approval of a Preliminary Development Plan and Tentative Zoning 63 640.15 Procedure for Securing Approval of a Final Development Plan 68 640.17 Physical Review 76 640.19 Building Permit 76 640.21 Bonding 77 640.23 Termination Zone 77 640.25 Enforcement 78 641 Performance Standards 641.01 Off -Street Parking 79 641.03 Off -Street Loading 82 641.05 Home Occupations 83 641.07 Permitted Home Occupations 83 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA TABLE OF CONTENTS Section Page 641.09 Home Occupation Requirements 83 641.11 Occupational License Required 84 641.13 Garage Sales 85 641.15 Application of Performance Standards 86 641.17 Building Setback Lines 86 641.19 Erection of More than One Principal Structure on a Lot 87 641.21 Setback Encroachments 87 641.23 Accessory Structures 88 641.25 Visibility at Intersections 89 641.27 Fences, Walls and Hedges 89 641.29 Exceptions to Height Regulations 90 641.31 Structures to Have Access 91 641.33 Location of Recreational Vehicles, Camping Equipment, Boats and Boat Trailers 92 641.35 Living Aboard Boats 93 641.36 Living or Residing in Automotive Vehicles 93 641.37 Parking and Storage of Certain Vehicles 93 641.39 Minimum Width of Courts 94 641.41 Water Areas 94 641.43 Landscaping and Screeninq for Commercial and Industrial Zoning Districts 95 641.44 Interior Landscaping for Off -Street Parking Areas 96 641.45 Sewage Disposal 97 641.47 Swimming Pools and Enclosures 97 641.49 Vehicular Use Areas 100 641.51 Atomic Energy Uses 101 641.53 Building Required 101 641.55 Sidewalks Required 101 641.57 Dedicated Public Land 102 641.58 Dedicated Public Easement 102 541.59 Preservation of Trees In All Districts 102 641..61 Earth Station Antenna Regulations 103 642 Schedule of S ecial Exceptions Permissible By Boara of Adjustment 642.01 Establishments Serving Alcoholic Beverages 105 -iv- ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA 645.01 TABLE OF CONTENTS 116 Section Building Permits Required Paqe 643 Non -Conforming Lots, Non -Conforming Structures 117 645.05 and Non -Conforming Uses 118 643.01 Intent 109 643.03 Mobile Home Parks and Single Family 123 645.09 Mobile Home Districts 110 643.05 Non -Conforming Structures 110 643.07 Non -Conforming Uses 111 643.09 Repairs and Maintenance 114 643.11 Structures and Uses Approved by Special Exception 114 643.13 Variance 114 643.15 Temporary Uses 115 645 Administration and Enforcement - Buildinq Permits and Certificates of Occupancy 645.01 Administration and Enforcement 116 645.03 Building Permits Required 116 645.04 Application for Building Permit 117 645.05 Site Plan Submittal and Review Procedures 118 645.07 Certificate of Occupancy Required 123 645.08 Certificate of Occupancy for Hotels & Motels 123 645.09 Times and Conditions of Building Permit 123 645.11 Construction and Use to be as Provided in Applications, Plans, Permits and Certificates of Occupancy 124 645.13 Board of Adjustment; Establishment and Procedure 125 645.15 Proceedings of the Board of Adjustment 125 645.17 Board of Adjustment; Powers and Duties 125 645.19 Administrative Review 126 645.21 -Special Exceptions; Conditions Governing Applications; Procedures 127 645.23 Written Findings; Violation of Safeguards 128 645.25 Variances; Conditions Governing Applications Procedures 130 645.27 Applicants 132 645.29 Decisions of the Board of Adjustment 132 645.31 Reconsideration of Administrative Review, Special Exception or Variance 132 645.33 Appeals from the Board of Adjustment 133 -v- ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA TABLE OF CONTENTS Section Page 645.35 Zoning Ordinance Interpretation and Enforcement 134 645.37 Schedule of Fees, Charges and Expenses 134 645.39 Provision of Ordinances Declared to be Minimum Requirements 135 645.41 Complaints Regarding Violations 135 645.43 Penalties for Violation 136 645.45 Separability Clause 136 647 Amendments 647.01 Procedures 137 647.03 Limitations 139 647.05 Reconsideration of District Boundary Changes 139 -vi- 631 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA An Ordinance establishing comprehensive zoning regulations for the City of Cape Canaveral, Florida, and providing for the administration, enforcement and amendment thereof, in accordance with the provisions of Florida Statutes, and the Charter of the City of Cape Canaveral, and for the repeal of all Ordinances in conflict herewith. 631.01 PURPOSE WHEREAS Florida Statutes and the Charter of the City of Cape Canaveral empower the City to enact a Zoning Ordinance and to provide for its administration, enforcement and amend- ment, and WHEREAS the City Council deems it necessary for the purpose of promoting the health, safety, morals and general welfare of the City to enact such an Ordinance, and WHEREAS the City Council pursuant to the provisions of Florida Statutes, has appointed a Planning and Zoning Board to recommend the boundaries of the various original districts and appropriate regulations to be enforced there- in, and WHEREAS the Planning and Zoning Board has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a Comprehensive Plan and designed to lessen congestion in the streets, to secure safety from fire, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the over -crowding of 'Land; to avoid undue concentration of population; to facilitate the ade- quate provision of transportation, water, sewerage, schools, parks and other public requirements, and WHEREAS the Planning and Zoning Board has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Municipality, and WHEREAS the Planning and Zoning Board has made a preliminary report and held public hearings thereon, and submitted its final report to the City Council, and ZONING REGULATIONS CI"T"Y OF CAPE CANAVERAL, FLORIDA Page 2 WHEREAS the City Council has given due public notice of hearings relating to zoning districts, regulations and re- strictions, and has held public hearings, and WHEREAS all requirements of Florida Statutes, with regard to the preparation of the report of the Planning and Zoning Board and subsequent action of the City Council has been met; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: Ordinance No. 10-75 of the City of Cape Canaveral, as amended, is hereby abolished and repealed, and all other City Ordinances, Resolutions or General Laws, or any part thereof, in conflict with any provisions of this Ordinance are hereby abolished and repealed. 631.05 SHORT TITLE This Ordinance shall be known and may be cited as "The Zoning Ordinance of the City of Cape Canaveral, Florida." 632.01 ZONING DEFINITIONS For the purposes of this Ordinance, certain terms or words used herein shall be interpreted as follows: The word person includes a firm, association, i -organzation, partnership, trust, company or corporation as well as indi- vidual. The present tense includes the future tense, the singular number includes the.'Plural, and the plural number includes the singular. The word shall is mandatory; the word may is permissive,,, ,The words used or occupied include , the words intended, or arranged to be used or oc- cuDied. The word,,l'ot includes the words plot or parcel. Access Easement - See Utility Access Easement. Accessorx Use - A use or structure on the same lot with and of a nature customarily incidental and subordinate to the principal use or structure. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 3 Adult Congregate Living Facilities - As defined by Statute 400.402, F13r-aa—,t-ince — i c" it roll-,nts the -ret -o. Alcoholic Beverage - As defined by Section 561.01 (4) (a), Florida Statutes. Alley - Any public or private right-of-way set aside for secondary public travel and servicing which is less than thirty (30) feet in width. Apartment - See Dwelling, Multiple Family. Apartment Hotel_ - A building designed for or containing both apartments and individual guest rooms or rental units, under resident supervision and which maintains an inner lobby through which all tenants must pass to gain access to apart- ments, rooms or units. Approved Structure - That which is built or constructed or an edifice or building of any kind in which collected non- hazardous material may be stored. Automotive Vehicle - Any self-propelled vehicle or convey- ance designed and used for the purpose of transporting or moving persons, animals, freight, merchandise or any sub- stance. The phrase shall include passenger cars, trucks, buses, motor homes, motorcycles, scooters and station wagons, but shall not include tractors, construction equip- ment or machinery or any device used for performing a job except as stated above. Automotive Repair Facilities - This term shall include all mechanical engine overhaul or repair, and body work and painting of automotive vehicles. Awning - A detachable, rooflike cover, supported by the walls of a building for protection from sun or weather. Block - Area between two adjacent streets, or if no streets are present, an area not to exceed 600' in length or width. Bottle Club - A membership composed of a group of people which permits the consumption of alcoholic beverages on a premises without charge. Membership shall be for a period of not less than one (1) year. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 4 Building - Any structure built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind which has enclosing walls for fifty ( 50 ) percent of its perimeter. The term "building" shall be as if followed by the words "or part thereof". (For the purpose of this Ordi- nance each portion of a building separated from other portions by a fire wall shall be considered as a separate building.) For the purpose of area and height limitations this definition shall be applicable to sheds and open sheds. ` ;�. Shed - Any structure built for the support, shelter or encTosure of persons, animals, chattels, or property of any kind which has enclosing walls for less than fifty / (50) percent of its perimeter. 'lY1 Open Shed - Any structure that has no enclosinc walls. Building Official - The official charged with the admin- istration and enforcement of this Ordinance as provided for in Section 645.01. A y2TNC L_e_P_ Camper (Truck Mounted) - A portable structure designed to be mounted on a truck or similar type vehicle for the purpose of converting said vehicle into a movable living unit and customarily used for recreational or camping use. Camper Trailer - See Recreational Vehicle. Church - Any building occupied on a permanent basis for reli- gious exercises as a primary use. Clinic - A building where patients, who are not lodged over- night, are admitted for examination and treatment by one person or group of persons practicing any form of the healing arts services to individuals, whether such persons be medical doctors, chiropractors, osteopaths, chiropodists, naturopaths, optometrists, dentists or any similar profes- sion, the practice of which is licensed in the State of Florida. The term Clinic does not include a place for the treatment of animals. Common Open Space - A parcel, land and water, other than a site and designed and intended residents 1 iv ing within the Common Open Space may contain PAXIt6.s or area of land or dedicated canal, within the for the use or enjoyment of zone or development area. such complementary structures ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 5 and improvements as are necessary and appropriate for the benefit and enjoyment of the said residents. Containers - Any cans, barrels, drums or tanks (except sta- tionary tanks) which would be used for the outside storage of non -hazardous materials. Construction Site - A lot or parcel upon which development is immediately proposed or in progress, as authorized by a current building permit. Convalescent Home - A building where regular nursing care is provided For mare than one person, not a member of the family, which resides on the premises. Court - An unoccupied open space on the same lot with the principal building and enclosed on at least three adjacent sides by walls of the principal building. Courtesy Notice - A notice of a public hearing, not required by law, mailed at the City's discretion to property owners within five -hundred (500) feet of property subject of said public hearing. Dedication - The deliberate appropriation of land by its owner for any general and public uses, reserving to himself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the pro- perty has been devoted. Dish Antenna - See earth station antenna. Drive (Private-) - A private way set aside for vehicular traffic that does t exceed ceed two -hundred (200) feet in devel- oped length and "`�7s:rves less than four (4) residential, 1�1 of residential and commercial commercial, or a combination units. Drive -In Restaurant or Refreshment Stand - Any place or pre- mises used for sale, dispensing, or servicing of food, refreshments, or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments, or beverages on the premises,. Dwelling, Single Family - A detached residential dwelling ZONING REGI'LATIOIIS CITY OF CAPE CANAVERAL, FLORIDA Page 6 unit other than a mobile home, designed for and occupied by one family. Dwelling, Mobile Home - A detached residential dwelling unit over eight 8) feet in width, which bears a seal from the Department of Housing and Urban Development of the United States Government, designed for travel over highways/streets or for house accommodations (or both), manufactured on an integral chassis (or undercarriage) and arriving at the site where it is to be occupied except for minor and incidental an,,cU4packing and assembly operations, locations on jacks or other temporary or permanent foundations, connections to utilities and the like. Dwelling, Two Family - A detached residential building con- taining two dwelling units, designed for occupancy by not more than two families. Dwelling, Multi le Family - A residential building designed may for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. Dwelling Unit or Living Unit - One room or roams connected together, constituting a separate independent housekeeping establishment for owner occupancy, or rental or lease, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independ- ent c,00king and sleeping facilities. Earth Station Antenna - An antenna, usually a dish antenna, whose purpose it is to receive communications or other signals primarily from orbiting satellites. Easement - A right-of-way granted for limited use of private property for a public or quasi -public purpose. Fair Market Value - Fair Market Value for the purpose of this Ordinance, shall be deemed to be the valuation of such structure by the Tax Assessor of Brevard County in his as- sessment for the levying of ad valorem taxes for the tax year the damage was sustained. Family - An individual or a group of persons related to each other by blood or marriage or a group of not more than four ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA MTW� (4) adults who are not necessarily so related, living to- gether under one roof as a single household unit. Fence - A structure forming a physical barrier which is so constructed that no less than fifty (50) percent of the vert- ical surface is open to permit the transmission of light, -ir _and__v_is--ion_,_throuqh such surface in a horizontal plane. CAlso see section X41 Fire District - shall include that territory or area con- sisting of: A. Two or more adjoining blocks, exclusive of intervening streets, where at least fifty (50) per -cent of the ground area is built upon and more than fifty (50) percent of the built on area is devoted to group "S" occupancy or group "H" occupancy as defined in the 1982 edition of the Standard Building Code. B. Where four (4) contiguous blocks or more comprise a fire district, there shall be a buffer zone, as determined by the Fire Marshal, of up to 200 feet around the perimeter of such district. Streets, rights-of-way and other open spaces not subject to building construction may be in- cluded in the buffer zone. Floor Area - The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the centerline of walls separating two attached buildings. The required min- imum floor area within each district shall not apply to accessory uses. Garage, Storage - A building or portion of a building there- of designed or used exclusively for the storage or parking of automobiles. Service other than storage at such storage garage shall be limited to lubrication, washing, waxing and polishing. When used for such a purpose, such property may not be used in combination with any other use with the excep- tion of mini -storage. Guest House - Living quarters within a detached accessory building located on the same lot with the main building for use by temporary guest of the occupants of the premises, such auarters, having no kitchen facilities or separate utility meters and not rented or otherwise used as a sep- arate dwelling. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 8 Hedge - A row of bushes or small trees planted close to- getEer in such a manner as to form a boundary or barrier. Height of Building - The vertical distance from twelve (12) inches above the crown of the fronting road or natural grade at the building line, whichever is highest, to (a) the highest point of flat roof; (b) the deck line of a mansard roof; (c) the average height between the eaves and ridge for gable, hip and gambrel roofs. Measurement must be in com- pliance with the 100 year flood level, as determined by the Federal Emergency Management Agency. Home Occupation - Any occupation conducted entirely within a dwelling unit and carried on by an occupant thereof, which occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the residential character thereof. Hospital - A building or group of buildings, having room acilities for one or more overnight patients, used for pro- viding ro- viding services for the in-patient medical or surgical care of sick or injured humans, and which may include related facilities, such as laboratories, out-patient departments training facilities, central service facilities, and staff offices; provided, however, that such related facility must be incidental and subordinate to the main use and must be an integral part of the hospital operations. Hotel - A building in which lodging is provided and offered to the public for compensation, and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by a person in charge at all times. In no event shall the number of efficiency units or units with kitchen facilities exceed a maximum of twenty- five (25) percent of the units per building. There shall be a minimum of six (6) guest rooms per building and a minimum of 150 guest rooms per hotel. Guest rooms shall be defined as those rooms intended or designed to be used, or which are used, rented or hired out, to be occupied or which are oc- cupied, for sleeping purposes by guests. Landscape Buffer - That portion of the building setback area which is located along property lines adjacent to streets or abutting lots and which in its entirety contains land- scaping. and- scaping. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Landscaping - The arrangement of vegetation such as trees, bushes and grass, together with other suitable materials in complementary fashion over a tractof land for aesthetic effect. Living Area - The minimum floor area of a dwelling as measured Sy its outside dimensions exclusive of carports, porches, sheds and attached garage. Loading Space, Off -Street - Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehi- cles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off- street parking space. Lot - For purposes of this ordinance, a lot is a parcel of land of at least sufficient size to meet minimum zoning re- quirements for use, coverage and area, and to provide such setbacks and other open spaces as are herein required. In no case of division or combination of parcels shall any re- sidual lot or parcel be created which does not meet the requirement of this Ordinance, except townhouses. Such lot may consist of: A. A lot of record; or S. A portion of a lot of record; or combination of portions of lots of record; C. A combination of complete lots of record, or complete lots of record and portions of lots of record; and/or D. A parcel of land described by metes and bounds. Lot Coverage - The area of a lot that is covered by an en- closed structure. This is normally the principal and accessory structures, and any other structure that blocks sunlight and/or the breezeway. Lot, Corner A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the fore- most point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 10 VLot, Dimensions: A. Depth - Of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. B. Width - Of a lot shall be considered to be the distance Between straight lines connecting front and rear of the required front setback, provided, however, that width between side lot lines at their foremost points (where they intersect with the street lines) shall not be less than eighty (80) percent of the required lot width ex- cept in the case of lots on the turning circle of cul- de-sacs, where the eighty (80) percent requirement shall not apply; provided, however, that all lots shall have a minimum of twenty-five (25) feet facing a street. Lot, Frontage - The front of a lot shall be the narrowest portion of the lot fronting on a dedicated, accepted or main- tained street right-of-way. v'Lot, Interior - A lot with only one frontage on a street. ,----Lot Line - The boundary line of a lot. ,,Lot of Record - A lot whose existence, location and dimen- sion have been legally recorded or registered in a deed 'or on a plat. Lot, Reversed Frontage - A lot on which the frontage is at 'right angles or approximately right angles ( interior angle less than one hundred thirty-five (135) degrees) to the general pattern in the area. A reversed frontage lot may also be a corner lot, an interior lot or a through lot. ot, Through - A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as a double frontage lot. Major Recreational Equipment - Boats and boat trailers, travel trailers, trailers for transporting motorized ve- hicles, pickup campers or coaches (designed to be mounted on automotive vehicles) , motorized dwellings, tent trailers and the like, including the coverings. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 11 Manufactured Housing/Building - A closed structure, building assembly, or system of su -assemblies, which may include structural, electrical, plumbing, heating, ventilating, or other service systems manufactured in manufacturing facil- ities for installation or erection, with or without other specified components, as a finished building or as part of a finished building, which shall include, but not be 1 im ited to, residential, commercial, institutional, storage and in- dustrial structures. This part does not apply to mobile homes. Manufactured building may also mean, at the option of the manufacturer, any building of open construction made or assembled in manufacturing facilities away from the building site, for installation, or assembly and install- ation, on the building site. marina - A place for docking boats or providing services to boats and occupants thereof, including servicing and repair to boats, sale of fuel and supplies, and provision of food, beverages, and entertainment as accessory uses. A yacht club shall be considered as a marina, but a hotel, motel, or similar use, where docking of boats and provision of services thereto, is incidental to other activities shall not be considered as a marina, nor boat docks accessory to a multiple family dwelling where no boat -related services are rendered. Mini -Storage - The renting of storage space which is uti- lized for the incidental storage of personal effects which space shall not exceed two hundred eighty (2 80) square feet of net floor area. When used for such a purpose, such prop- erty may not be used in combination with any other use with the exception of storage garage. Mobile Some Parks - A single parcel of ground on which there are sites to be leased or rented to tenants for the purpose of parking mobile homes. Motel - A building in which lodging is provided and offered to the public for compensation. As such it is open to the public the same as a hotel, except that the buildings are usually designed to serve tourists traveling by automobile, ingress to rooms need not be through a lobby or office, and parking usually is adjacent to the dwelling unit. In no event shall the number of efficiency units or units with kitchen facilities exceed a maximum of twenty-five (25) per- cent of the units per building. There shall be a minimum of �- ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 12 six (6) guest rooms per building and a minimum of 150 guest rooms per motel. Guest rooms shall be defined as those rooms intended or designed to be used, or which are used, rented or hired out, to be occupied or which are occupied, for sleeping purposes by guests. Motor Travel Home - A self-propelled vehicle containing living facilities and customarily used for camping or recrea- tional uses. Net Residential Acre - The horizontal acreage of a lot or lots devoted exclusively to residential uses and their appur- tenant accessory uses. Such area shall include the building site, recreation areas, open space, swimming pools, parking, drives, setbacks areas and the like. Net residential acreage does not include areas used for non-residential pur- poses, streets, waterways, offices, golf courses, or any other use not developed for the exclusive use of the property's residents. Non -Conformity - Any lot, use of land, use of structure, use o structure and premise or characteristics of any use which was lawful at the time of enactment of this Ordinance but which does not conform with the provisions of the district in which it is located. Non -Hazardous Material - Any material which does not in- crease nor cause an increase of the hazard of menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire. Occupied - The use of structure or land for any purpose, inc' lud g occupancy for residential, business, industrial, manufacturing, storage and public use. Oceanfront Lots - A lot that is contiguous with the ocean beach and which is considered as fronting on a public and include those lots adjacent to a dedicated street. All lots contiguous with the ocean beach shall be considered interior lots. Open Space Area - That area of the lot which is to be left open for ree circulation of air and which provides an area for recreational and/or leisure pursuits. Not to be in- cluded as part of open space area: building setbacks, area occupied by all building structures, parking area, roads, and drives. Recreational areas may be included. Swimming pools may be included in the calculation of minimum open space. Page Revised 1 May 1990 ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 13 Open Shed - See Building. Patio - See Terrace. Parking Space, Off Street - For the purposes of this Ordi- nance the term "ott street parking space" shall consist of a minimum paved area two hundred (200) square feet for parking an automobile, exclusive of access drives or aisles thereto. In areas of the City zoned M-1 or C-1, sites which require parking spaces for four hundred (400) or more vehicles, may be allowed to utilize up to twenty-five percent (25%) of those spaces for compact car parking. Compact car parking spaces shall consist of a minimum, paved area of one hundred sixty (160) square feet, exclusive of access drives or aisles thereto. Paying - Paving may consist of the following materials, maca- dam, asphalt, tar, cement, concrete, pervious concrete, bricks, tile, pavestone, tilestone, flags, flagstone, flagging, cobblestone, cobbles, curb, kerb, curbstone, kerb- stone, edgestone and curbing. All material must be contained by a permanent border and properly maintained. Playground - An area of land set aside for outdoor recrea- tion, used by children for play and often equipped for specific activities. May also be that part of a park or outdoor recreation facility set aside for such use by children. A playground may be public or private, however, any recreational area established for pre -kindergarten children only, or for adults or college students primarily, shall not be considered a playground. Principal Use of Structure - A building in which is con- ducted the principal use of the lot on which it is situated. In a residential district any dwelling shall be deemed to be the principal building on the lot on which the same is sit- uated. An attached carport, shed, garage, or any other structure with one or more walls or a part of one wall being a part of the principal building and structurally dependent, totally or in part, on the principal building, shall com- prise a part of the principal building. A detached and structurally independent carport, garage, or other structure shall conform to the requirements of any accessory building. A detached and structurally independent garage, carport, or other structure conforming as an accessory building may be attached to the principal buildings by an open breezeway not to exceed six (6) feet in width. A connecting roof breeze- way in excess of six (6) feet and enclosed on one or both Page Revised 1 May 1990 ZONING REGULATIONS "EITY OF CAPE CANAVERAL, FLORIDA Page 14 sides including louvers, lattice or screening, shall cause the entire structure to be construed as the principal building and shall be subject to the regulations applicable to the principal building. Public Use - Any use of land or structures owned and oper- ate3 By a municipality, county, state or the federal government or any agency thereof and for a public service or purpose. Recreational Vehicle - Units designed as temporary living quarters or recreational, camping or travel use, which either have their own motive power or are mounted on or drawn by another vehicle. Includes travel trailer, camping trailer, truck camper, motor home and wheel recreational trailer. Residential District - That area set aside primarily for use as low and medium density residential housing. Restaurant - Any building or structure or portion thereof, in which food is prepared and served for pay to any person not residing on the premises. Right -of -Way - Land reserved, used or to be used for a street, alley, walkway, drainage facility or other public purpose. Schoolgrounds - All the land included in the lot or parcel upon which a school building isregularlyused (except vaca- tion periods) by elementary and/or secondary school students. The school and/oe'land may be pub"I' )i ic or private. Service Station - Buildings and premises where petroleum products are supplied at retail, as a primary use, and where, in addition, services may be rendered and sales made as specified by this Ord 'inance.,_.' I ti"_ Setback - A required open space on the same lot with a principal building, which space is unoccupied and unob- structed by buildings from the ground upward, except as specified in Sections 641.21, 641 23 and 641.44. All re- quired setback areas shall be landscaped with greenery (sod) and shall be properly maintained. Shed - See Building. ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 15 Shopping Center - Three (3) or more units for purposes of mercantile. Sii n__ - As defined in Chapter 23 of the Standard Building Coe, current edition. Special Except ion - A Special Exception is a use that would not be appropriate generally or without restriction through- out the zoning division or district but which, if controlled as to number, area, location, or relation to the neighbor- hood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, posterity or general welfare. Such uses as may be permitted by the Board of Adjustment are identified for each zoning district as Special Exceptions. Story - That portion of a building included between the floor surface and the upper surface of the floor next above, or any portion of a building, used for human occupancy be- tween the top -most floor and roof. A basement or cellar not used for human occupancy shall not be counted as a story. Street - A street for the purposes of this section shall be a puGlic or private right-of-way set aside for public travel. Street Richt-of-Way - The property line which bounds the -- right-of-way set aside for use as a street. Street Centerline - The midpoint of the street right-of-way. Street (Private) - A private way set aside for vehicular traffic—that exceeds two hundred (200) feet in developed length and/or serves four (4) or more residential, com- mercial, or any combination of residential and commercial units. Private streets shall be installed in accordance with Section 503.09(C) of the Subdivision of Land Regu- lations. Structure - That which is built or constructed. Swimming Pool - Any portable pool or permanent structure containing a body of water eighteen ( 1 8) inches or more in depth and/or two hundred fifty ( 250 ) square feet of surface ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 16 area or more of water service area, including an ornamental reflecting pool or fish pond or other type of pool regard- less of size, unless it is located and designed so as not to create a hazard or not be used for swimming or wading. Tent - A collapsible shelter of canvas or other fabric type material. Terrace - An open space adjacent to the principal building on one or two sides, prepared with a hard, semi -hard, or improved surface, for the purpose of outdoor living. Total Floor Area or Gross Floor Area - The areas of all floors of a building, including finished attics, finished basements and all covered areas, including porches, sheds, carports and garages. Townhouse - A single family dwelling unit constructed in a series or group of attached units with property lines sepa- rating such units. Trailer - A portable structure having no foundation other than wheels, jacks or blocks that will not be a hazard to adjacent buildings and also fully enclosed, operable and licensed. Trailer Park - An area duly licensed by the City of Cape Canaveral and approved by the Florida State Board of Health, which is designed, constructed, equipped, operated and main- tained for the purpose of Mroviding space for and otherwise servicing mobile homes andor trailers. Travel Trailer - See Recreational Vehicle. Utility Access Easement - An easement less than twenty (20) feet wide, dedicated and used f o r ut il. it ie s and utility ve- hicles. Not qualified as an alley per subdivision code. Vacant - A building or parcel of land which is neither occu- p ie& no r used. Variance - A variance is a relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant. A literal enforcement of the Ordinance would ZONING REGULATIONS CITY OF CAPE CANAVERAL, FLORIDA Page 17 result in unnecessary and undue hardship. As used in this Ordinance, a variance is authorized only for height, area, size of structure or size of yards and open spaces; estab- lishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non -conformities in the zoning district or used in an adjoining zoning district. Wall - A structure forming a physical barrier which is so constructed that less than fifty (50) percent of the ver- tical surface from ground level to its top is open to permit the transmission of light, air and vision through such sur- face in a horizontal plane. Wall, Concrete Boundary - shall be a structure constructed using concrete, either poured or in block form, along the property boundary or within the setback and used as a di- viding line between parcels of property in a residential zone, specifically excluding townhouse interior party walls. Yard - All open space on the same lot as the principal building, which space is unoccupied and unobstructed by buildings from the ground upward except as otherwise pro- vided. Generally applies to the area from each lot line to the principal building and its attached porches, sheds, car- ports, garages and storage areas.