(a)

The city is divided into zones or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is adopted [by] reference and declared to be part of this chapter. The official zoning map shall be identified by the signature of the mayor, attested to by the city clerk and bearing the seal of the city under the following words: "This is to certify that this is the official zoning map referred to in section 110-246 of the Code of Ordinances of the City of Cape Canaveral, Florida," together with the date of the adoption of the ordinance from which this chapter is derived.

(b)

The official zoning map in effect at the time of passage of the ordinance from which this chapter is derived shall remain in effect and shall be reidentified as provided in subsection (a) of this section. If, in accordance with this chapter and state law, 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(s) 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 or matter shown thereon except in conformity with the procedures set forth in this chapter.

(c)

Any unauthorized change in the official zoning map of whatever kind by any person shall be considered a violation of this chapter and punishable as provided in section 1-15.

(d)

Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be stored in City Hall when not in use and readily available to the public shall be the final authority as to the zoning status of land and water areas, buildings and other structures in the city.

(Code 1981, § 633.01)

If the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may by resolution adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original zoning ordinance or any subsequent amendment thereof as published in this chapter. The new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and shall bear the seal of the city under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as part of Ordinance No. 2-83 of the City of Cape Canaveral, Florida." Unless the prior official zoning map has been lost or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(Code 1981, § 633.03)

Where uncertainty exists as to the boundaries of zoning districts as shown on the official zoning map, the following rules shall apply:

(1)

Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

(3)

Boundaries indicated as approximately following the city limits shall be construed as following the city limits.

(4)

Boundaries indicated as following a shoreline or bulkhead line shall be construed to follow such shoreline or bulkhead line and, if change in the shoreline or bulkhead line occurs, shall be construed as following the original shoreline or bulkhead line; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.

(5)

Boundaries indicated as parallel to or extensions of features indicated in subsections (1) through (4) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

(6)

If the actual location of physical features varies from those shown on the official zoning map or in other circumstances not covered by subsections (1) through (4) of this section, the board of adjustment shall interpret the district boundaries.

(Code 1981, § 633.05)

The requirements set by this chapter within each zoning district shall be minimum requirements and shall apply uniformly to each class or kind of structure or land, and particularly as provided in sections 110-250 through 110-257.

(Code 1981, § 635.00)

No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered unless in conformity with all of the sections specified for the district in which it is located.

(Code 1981, § 635.01)

No building or other structure shall be erected or altered to:

(1)

Exceed the height;

(2)

Accommodate or house a greater number of families;

(3)

Occupy a greater percentage of lot area;

(4)

Have narrower or smaller rear setback, front setback, side setback or other open spaces than required; or

(5)

In any other manner be contrary to this chapter.

(Code 1981, § 635.03)

No part of a setback or open space or offstreet parking or loading space required in connection with any building for the purpose of complying with this chapter shall be included as part of a setback, open space or offstreet parking or loading space similarly required for any other building.

(Code 1981, § 635.05)

(a)

The area used in either a site plan or plot plan to determine the number of living units allowed on that area shall not be reused in computing the number of living units for that area or for any subsequent area used with that area.

(b)

The building department shall maintain a file of site plans or plot plans and a map which shall evidence which areas have been used in computing numbers of living units. Upon application to the planning and zoning board, the planning and zoning board shall have the discretion to accept a revised site plan, provided the revised site plan shall not exceed the maximum number of living units for any or all of the site.

(Code 1981, § 635.07)

No setback or lot existing at the time of passage of the ordinance from which this section is derived shall be reduced in dimension or area below the minimum requirements set forth in this chapter. Setbacks or lots created after the effective date of the ordinance from which this section is derived shall meet the minimum requirements established by this chapter.

(Code 1981, § 635.09)

Every building or structure erected shall be located on a lot and shall be on a lot adjacent to a public street or with access to a public street. For a parcel of land which is not adjacent to a public street, the front of such parcel shall be that boundary or side which is adjacent to the legal access.

(Code 1981, § 635.11)

The zoning classification of all property which may be annexed to the city shall be determined by the city council upon recommendation of the planning and zoning board at the time of annexation.

(Code 1981, § 635.13)

Any zoning use which, in the opinion of the building official, is similar to a permitted use shall be treated in the same manner as the use to which it is similar. Any application to permit a use which, in the opinion of the building official, is not similar to a listed permitted use or due to its nature is an unusual use shall be referred to the board of adjustment which will, according to the procedures set forth for a special exception in article II of this chapter, determine the proper zone for such use. The board of adjustment may prescribe appropriate additional conditions and safeguards in the public interest.

(Code 1981, § 635.15)

The requirements for the R-1 low density residential district are intended to apply to an area of single-family unattached residential development. Lot sizes and other restrictions are intended to promote and protect a high quality of residential development free from congestion and overpopulation, to promote the residency of single families and to enhance and maintain the residential character and integrity of the area.

(Code 1981, § 637.01; Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 06-2012, § 2, 4-17-12)

The principal uses and structures in the R-1 low density residential district are as follows:

(1)

Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel.

(2)

Public and semipublic parks, playgrounds, playfields, and recreation facilities without lighting.

(Code 1981, § 637.03; Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 02-2016, § 2, 7-19-16)

In the R-1 low density residential district, accessory uses and structures shall be permitted as follows:

(1)

Noncommercial piers, boathouses and loading places intended solely for the use of the adjoining residences, providing that the following conditions are met:

a.

No dock or pier shall extend over five feet beyond the property line, unless the abutting waterway is over 100 feet in width at such point where the pier or dock is constructed.

b.

No watercraft moored to such use shall be used as living quarters, except as provided by section 110-552.

c.

All applicable regulations and restrictions of the U.S. Army Corps of Engineers and other federal, county, state and local controls shall be adhered to.

(2)

Noncommercial botanical nurseries and greenhouses.

(3)

Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including garages, carports and the like, in keeping with the residential character of the district.

(4)

[Reserved.]

(Code 1981, § 637.05; Ord. No. 36-2021, § 3C, 11-16-21)

Reserved.

(Code 1981, § 637.07; Ord. No. 17-2010, § 2, 11-16-10; Ord. No. 02-2016, § 2, 7-19-16)

In the R-1 low density residential district, all uses not specifically or provisionally permitted in this division and any use not in keeping with the single-family residential character of the district, including two-family and multiple-family dwellings, townhouses and mobile home parks, are prohibited.

(Code 1981, § 637.09)

In the R-1 low density residential district, the following area and dimensions shall be required:

(1)

Minimum lot area shall be 7,500 square feet.

(2)

Minimum lot width shall be 75 feet.

(3)

Minimum lot depth shall be 100 feet.

(4)

Maximum lot coverage shall be 40 percent.

(5)

Minimum living area shall be 1,100 square feet.

(6)

Maximum height shall not exceed 25 feet.

(Code 1981, § 637.11)

In the R-1 low density residential district, the following minimum setbacks shall be required:

(1)

Front, 25 feet.

(2)

Side (interior lot line), eight feet or ten percent of lot, whichever is greater, up to 20 feet.

(3)

Side (corner lot line), 25 feet.

(4)

Rear, 25 feet; 20 feet when abutting an alley.

(5)

Public or private street, 25 feet.

(Code 1981, § 637.11)

In the R-1 low density residential district, offstreet parking area and access to a public or private street shall be provided in accordance with section 110-491 et seq.

(Code 1981, § 637.13)

The requirements for the R-2 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further, the provisions herein are intended to promote areas free from congestion and overpopulation, to promote the residency of families and to enhance and maintain the residential character and integrity of the area.

(Code 1981, § 637.15; Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 06-2012, § 2, 4-17-12)

In the R-2 medium density residential district, there shall be no more than 15 dwelling units per net residential acre. The principal uses and structures permitted in the R-2 medium density residential district shall be:

(1)

Single-family dwellings;

(2)

Two-family dwellings;

(3)

Multifamily dwellings; or

(4)

Public schools.

(5)

Public and nonprofit private schools with conventional curriculums; public libraries.

(6)

Churches and other places of worship; parish houses.

(7)

Public safety structures and equipment, such as fire substations, civil defense facilities and the like.

(8)

Public and semipublic parks, playgrounds, playfields and recreation facilities.

(9)

Child care facilities licensed and operated consistent with Florida law, subject to the following conditions:

a.

The child care facility must be located in a multifamily complex and any such complex shall not be an age-restricted community;

b.

There shall be an adequate dropoff and pickup area onsite located outside of the public right-of-way;

c.

One parking space per employee plus one parking space for every eight children shall be required, with a minimum of five total spaces;

d.

Adequate visual screening and noise buffers from adjacent areas shall be provided.

e.

Each application under this subsection shall be accompanied by a site plan drawn to scale depicting the child care building, drop off and pickup area, parking, play area and adjacent buildings.

f.

Adequate lighting in the pickup and drop off area shall be provided.

For purposes of this subsection, the term "child care facility" shall not include a "family day care home" as defined by Florida law.

(Code 1981, § 637.17; Ord. No. 17-96, § 1, 10-1-96; Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 02-2016, § 2, 7-19-16)

In the R-2 medium density residential district, accessory uses and structures shall be permitted as follows:

(1)

Noncommercial piers, boathouses and loading places intended solely for the use of the adjoining residences, provided the following conditions are met:

a.

No dock or pier shall extend over five feet beyond the property line, unless the abutting waterway is over 100 feet in width at such point where the pier or dock is constructed.

b.

No watercraft moored to such use shall be used as living quarters, except as provided by section 110-552.

c.

All applicable regulations and restrictions of the U.S. Army Corps of Engineers and other federal, county, state and local controls shall be adhered to.

(2)

Noncommercial botanical nurseries and greenhouses.

(3)

Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including garages, carports and the like, in keeping with the residential character of the district.

(4)

Reserved.

(5)

Parking lots and facilities in conjunction with one or more principal uses.

(Code 1981, § 637.19; Ord. No. 36-2021, § 3C, 11-16-21)

Reserved.

(Code 1981, § 637.21; Ord. No. 05-2010, § 2, 4-20-10; Ord. No. 02-2016, § 2, 7-19-16)

In the R-2 medium density residential district, all uses and structures not specifically or provisionally permitted in this division are prohibited.

(Code 1981, § 637.23)

In the R-2 medium density residential district, the following area and dimensions shall be required:

(1)

Minimum lot area shall be as follows:

a.

One- and two-family, 7,500 square feet.

b.

Multiple-family, 10,000 square feet.

(2)

Minimum lot width shall be 75 feet.

(3)

Minimum lot depth shall be 100 feet.

(4)

Maximum lot coverage shall be 35 percent.

(5)

Minimum living or floor area shall be as follows:

a.

One-family, 1,100 square feet per dwelling unit.

b.

Two-family, 750 square feet per dwelling unit.

c.

Multiple family, as follows:

1.

Efficiency, 450 square feet per dwelling unit.

2.

One bedroom, 650 square feet per dwelling unit.

3.

Two bedrooms, additional bedrooms, 750 square feet per dwelling unit (plus 200 square feet for each additional bedroom).

(6)

Maximum height shall not exceed 25 feet, except that maximum height of public or recreational buildings and structures on land with a future land use designation of Public/Recreation (PUB) shall not exceed 35 feet.

(7)

Maximum length or width of a structure shall not exceed 185 feet.

(Code 1981, § 637.25; Ord. No. 01-2018, § 2, 2-20-18)

(a)

In the R-2 medium density residential district, the following minimum setbacks shall be required.

(1)

Front, 25 feet. (See subsection (b) of this section.)

(2)

Side (interior lot line), eight feet or ten percent of width of lot, whichever is greater, up to 15 feet.

(3)

Side (corner lot line), 25 feet; on all nonconforming lots of record, 15 feet.

(4)

Rear, 15 feet.

(5)

Public or private street, 25 feet.

(b)

See section 110-536 for special setbacks.

(Code 1981, § 637.25)

In the R-2 medium density residential district, offstreet parking and access to a public or private street shall be provided in accordance with section 110-491 et seq.

(Code 1981, § 637.27)

The requirements for the R-3 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further, the provisions herein are intended to promote areas free from congestion and overpopulation, to promote the residency of families and to enhance and maintain the residential character and integrity of the area.

(Code 1981, § 637.29; Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 06-2012, § 2, 4-17-12)

In the R-3 medium density residential district, there shall be no more than 15 dwelling units per net residential acre. The principal uses and structures permitted in the R-3 medium density residential district shall be:

(1)

Single-family dwellings;

(2)

Two-family dwellings;

(3)

Multifamily dwellings; or

(4)

Public schools.

(5)

Public and nonprofit private schools with conventional curriculums; public libraries.

(6)

Churches and other places of worship; parish houses.

(7)

Public safety structures and equipment, such as fire substations, civil defense facilities and the like.

(8)

Public and semipublic parks, playgrounds, playfields and recreation facilities.

(9)

Assisted living facilities, subject to the requirements of section 110-488.

Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre.

(Code 1981, § 637.31; Ord. No. 17-96, § 2, 10-1-96; Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 02-2016, § 2, 7-19-16)

In the R-3 medium density residential district, the following accessory uses and structures shall be permitted:

(1)

Noncommercial piers, boathouses and loading places intended solely for the use of the adjoining residences, provided the following conditions are met:

a.

No dock or pier shall extend over five feet beyond the property line, unless the abutting waterway is over 100 feet in width at such point where the pier or dock is constructed.

b.

No watercraft moored to such use shall be used as living quarters, except as provided by section 110-552.

c.

All applicable regulations and restrictions of the U.S. Army Corps of Engineers and other federal, county, state and local controls shall be adhered to.

(2)

Noncommercial botanical nurseries and greenhouses.

(3)

Customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including garages, carports and the like, in keeping with the residential character of the district.

(4)

Reserved.

(5)

Parking lots and facilities in conjunction with one or more principal uses.

(Code 1981, § 637.33; Ord. No. 36-2021, § 3C, 11-16-21)

Reserved.

(Code 1981, § 637.35; Ord. No. 17-2010, § 2, 11-16-10; Ord. No. 02-2016, § 2, 7-19-16)

In the R-3 medium density residential district, all uses and structures not specifically or provisionally permitted in this division are prohibited.

(Code 1981, § 637.37)

In the R-3 medium density residential district, area and dimensions shall be as follows:

(1)

Minimum lot area shall be as follows:

a.

One- and two-family, 7,500 square feet.

b.

Multiple-family, 10,000 square feet.

(2)

Minimum lot width shall be 75 feet.

(3)

Minimum lot depth shall be 100 feet.

(4)

Maximum lot coverage shall be 35 percent.

(5)

Minimum living or floor area shall be as follows:

a.

One-family, 1,100 square feet per dwelling unit.

b.

Two-family, 750 square feet per dwelling unit.

c.

Multiple family, as follows:

1.

Efficiency, 450 square feet per dwelling unit.

2.

One bedroom, 650 square feet per dwelling unit.

3.

Two bedrooms, additional bedrooms, 750 square feet per dwelling unit plus 200 square feet for each additional bedroom.

(6)

Maximum height shall not exceed 45 feet.

(7)

Maximum length or width of a structure shall not exceed 185 feet.

(Code 1981, § 637.39)

(a)

In the R-3 medium density residential district, the minimum setbacks required shall be as follows:

(1)

Front, 25 feet. (See subsection (b) of this section.)

(2)

Side (interior lot line), eight feet or ten percent of width of lot, whichever is greater, up to 15 feet. (See subsection (b) of this section.)

(3)

Side (corner lot line), 25 feet; on all nonconforming lots of record, 15 feet.

(4)

Rear, 15 feet.

(5)

Public or private street, 25 feet.

(b)

See section 110-536 for special setbacks.

(c)

Side setbacks for all lots contiguous with the ocean beach shall be ten feet or ten percent of the width of the lot, whichever is greater, up to 15 feet.

(Code 1981, § 637.39)

In the R-3 medium density residential district, offstreet parking and access to a public or private street shall be provided in accordance with section 110-491 et seq.

(Code 1981, § 637.41)

In the R-3 medium density residential district, at least 25 percent of the north/south dimension of the property shall be open to the breeze in an east/west direction. This shall include required setbacks.

(Code 1981, § 637.43)

In the R-3 medium density residential district, site plans with four or more units on parcels on the Atlantic Ocean shall provide dune crossovers conforming to specifications of the state department of environmental protection. All such crossovers shall be maintained in a safe condition by the owners of the property. All crossovers will be allowed to be built within the setback area, provided a state department of environmental protection permit is obtained, and there will be no requirement for a variance to allow these structures to be built in the setback area.

(Code 1981, § 637.44)

In the R-3 (medium-density residential) zoning district there exists beach-end public parking as described in the following schedule:

Access to property lying adjacent to these public parking facilities shall be subject to the following:

(1)

Ingress and egress to future development or redevelopment projects shall not cause the removal or reduction of any existing beach-end public parking spaces, except as provided herein.

(2)

If, by operation of this section, ingress and egress to the property is denied, the property owner may apply for a variance under this chapter. To be entitled to such a variance, the property owner must demonstrate that no reasonable alternative ingress or egress is available. Reasonable alternatives include, but are not limited to, existing driveways, alleys, or access easements. This subsection is supplemental and in addition to any requirements provided within section 110-62 or any other provisions of the City Code.

(3)

Where a variance is granted, the maximum number of beach-end public parking spaces to be removed shall be two spaces or 20 feet.

(4)

For any multiple-dwelling-unit development or redevelopment, ingress and egress access shall only be provided through a single shared driveway to minimize the elimination of beach-end public parking spaces.

(Ord. No. 37-2003, § 2, 10-21-03)

(a)

The requirements for the C-1 low density commercial district are intended to apply to an area adjacent to major arterial streets and convenient to major residential areas. The types of uses permitted are intended to serve the consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. Lot sizes and other restrictions are intended to reduce conflict with adjacent residential uses and to minimize the interruption of traffic along thoroughfares.

(b)

The provisions of this division shall apply to all property designated as C-1 low density commercial on the city's official zoning map. Further, those properties zoned C-1 that are located within the boundaries of the A1A Economic Opportunity Overlay District, established pursuant to article X of this chapter, shall be subject to the guidelines and standards of that article.

(Code 1981, § 637.45; Ord. No. 01-2007, § 3, 2-20-07; Ord. No. 11-2012, § 4, 7-17-12; Ord. No. 20-2019, § 2, 1-21-20)

In the C-1 low density commercial district, the following uses and structures are permitted:

(1)

Retail stores, sales and display rooms.

(2)

Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations, tailor shops and similar uses.

(3)

Professional offices, studios, medical or dental clinics, laboratories, general offices, business schools and similar uses.

(4)

Hotels, motels with a minimum of 150 rental units. In no case shall there be more than 30 rental units per net acre nor shall a rental unit have a floor area less than 300 square feet. Hotel and motel units containing provisions for cooking or light housekeeping shall have a minimum floor area not less than 400 square feet. Motels and hotels may not be converted to other types of dwellings at more than the density required in this chapter for such dwellings.

(5)

Restaurants.

(6)

Public and semipublic parks, playgrounds, clubs and lodges, cultural facilities, hospitals, medical or dental clinics, funeral homes, government offices, schools, churches and similar uses.

(7)

Banks and financial institutions.

(8)

Commercial recreation, such as driving ranges, bowling alleys and similar uses.

(9)

Plant nurseries and greenhouses, provided that all outside display merchandise shall be contained in the required setbacks.

(10)

Repair service establishments, such as household appliances, radio and TV and similar uses.

(11)

Kindergartens and child care facilities.

(12)

Veterinary clinics.

(13)

Retail sale of beer and wine for off-premises consumption.

(14)

Public schools.

(15)

Assisted living facilities, subject to the requirements of section 110-488.

(16)

Places in which goods are produced and sold at retail upon the premises.

(17)

Vocational and trade schools not involving operations of an industrial nature.

(18)

Car washes, including polishing and sale of related materials.

(19)

Automotive maintenance facilities, but not automotive repair facilities.

(20)

Tattoo establishments and body piercing salons required to be licensed under Chapter 381, Florida Statutes, provided however, the establishment or salon must be located within a building adjacent and fronting State Road A1A (Astronaut Blvd.) or the west side of N. Atlantic Avenue south of Church Lane and no such establishment or salon shall be permitted to locate within 100 feet of any property with a pre-existing residential use or designated residential on the city's comprehensive plan future land use map and/or official zoning map. Said 100 feet shall be measured by following a straight line, without regard to intervening structures, from the building or portion thereof in which the establishment or salon is occupying to the nearest boundary of the residential property.

(Code 1981, § 637.47; Ord. No. 17-96, § 3, 10-1-96; Ord. No. 04-2006, § 2, 6-20-06; Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 06-2011, § 2, 10-18-11; Ord. No. 06-2012, § 2, 4-17-12; Ord. No. 02-2016, § 2, 7-19-16; Ord. No. 20-2019, § 2, 1-21-20)

In the C-1 low density commercial district, customary accessory uses of one or more of the principal uses clearly incidental and subordinate to the principal use, in keeping with the low density commercial character of the district, are permitted.

(Code 1981, § 637.49)

(a)

Special exceptions may be permitted for the following:

(1)

Automotive service stations that were lawfully approved and permitted by the city pursuant to a special exception prior to the effective date of Ord. No. 11-2015 [November 17, 2015] shall be considered a lawful, conforming use subject to all applicable conditions and requirements imposed by the city when said use was previously permitted. In addition, such automotive service stations may be modified to allow no more than ten fueling stations (where one vehicle can be accommodated for refueling) within any one filling station property or location, whether said filling station is located on one lot or comprises more than one lot. An automotive service station may be modified to allow up to 16 fueling stations on a single lot of at least one acre with at least 275 feet of single street frontage.

Any request for a modification to such special exception is subject to Chapter 110, Article II, Division 4, City Code, and all other applicable provisions of the City Code.

(2)

Pain management clinics, subject to the requirements of section 110-489 of this Code.

(3)

Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110-171.

(Code 1981, § 637.51; Ord. No. 02-2003, § 2, 3-4-03; Ord. No. 11-2006, § 2, 10-3-06; Ord. No. 17-2010, § 2, 11-16-10; Ord. No. 06-2011, § 2, 10-18-11; Ord. No. 05-2013, § 2, 3-19-13; Ord. No. 09-2014, § 2, 9-16-14; Ord. No. 11-2015, § 2, 11-17-15; Ord. No. 02-2016, § 2, 7-19-16; Ord. No. 11-2017, § 2, 8-15-17)

In the C-1 low density commercial district, the following uses and structures are prohibited:

(1)

All uses not specifically or provisionally permitted in this division.

(2)

Any use which fails to meet performance standards specifications as provided in section 110-466.

(3)

Bottle clubs.

(Code 1981, § 637.53)

In the C-1 low density commercial district, the following areas and dimensions shall be required:

(1)

Minimum lot area shall be as follows:

a.

Service stations, 12,000 square feet.

b.

All other principal uses and structures, 5,000 square feet, and, in addition, the ratio of gross floor area to lot area shall not exceed 1.5:1.0.

(2)

Minimum lot width shall be as follows:

a.

Service stations, hotels and motels, 100 feet.

b.

All other principal uses and structures, 50 feet.

(3)

Minimum lot depth shall be 100 feet.

(4)

Maximum lot coverage shall be 50 percent.

(5)

Minimum living or floor area shall be as follows:

a.

Hotels and motels, 300 square feet per rental unit.

b.

Hotel and motel units containing provisions for cooking or light housekeeping, not less than 400 square feet.

c.

All other principal uses and structures, 300 square feet.

(6)

The maximum height of all buildings constructed within the C-1 district shall be 45 feet.

(Code 1981, § 637.55; Ord. No. 18-96, § 1, 9-3-96; Ord. No. 24-2006, § 2, 1-2-07)

(a)

In the C-1 low density commercial district, the minimum setbacks required shall be as follows:

(1)

Front, 25 feet. (See subsection (b) of this section.)

(2)

Side (interior lot line), zero feet; 25 feet when abutting a residential district.

(3)

Side (corner lot line), 25 feet.

(4)

Rear, ten feet; 25 feet when abutting a residential district.

(5)

Public or private street, 25 feet.

(b)

See section 110-536 for special setbacks.

(Code 1981, § 637.55)

In the C-1 low density commercial district, landscaping, screening and parking shall be provided pursuant to article IX of this chapter pertaining to supplementary district regulations.

(Code 1981, § 637.57)

In the C-1 low density commercial district, offstreet parking and access to a public or private street shall be provided in accordance with section 110-466.

(Code 1981, § 637.59)

(a) The requirements for the C-2 commercial/manufacturing district are intended to apply to an area adjacent to major arterial streets, located adjacent to existing commercial or manufacturing uses and convenient to major residential areas. This district would be associated with a mix of low density commercial and light industrial. The types of uses permitted are intended to serve employment and consumer needs of nearby residential neighborhoods, as well as the commercial needs of the motorist. All principal uses permitted in this zone shall be contained in an enclosed structure.

(b) The provisions of this division shall apply to all property designated as C-2 commercial/manufacturing on the city's official zoning map. Further, those properties zoned C-2 that are located within the boundaries of the A1A Economic Opportunity Overlay District, established pursuant to article X of this chapter, shall be subject to the guidelines and standards of that article.

(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 01-2007, § 3, 2-20-07; Ord. No. 11-2012, § 4, 7-17-12; Ord. No. 02-2016, § 2, 7-19-16; Ord. No. 20-2019, § 2, 1-21-20)

In the C-2 commercial/manufacturing district, the following uses and structures are permitted:

1.

Retail stores, sales and display rooms, and shopping centers.

2.

Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations, tailor shops, daycare and similar uses.

3.

Dry cleaning establishments using nonflammable solvents and cleaning fluids as determined by the fire chief.

4.

Professional offices, studios, medical and dental clinics, laboratories, general offices, business schools, data processing and similar uses.

5.

Banks and financial institutions.

6.

Places in which goods are produced and sold at retail upon the premises.

7.

Restaurants; eating establishments that manufacture and process food to be consumed off site, such as bakeries and delicatessens.

8.

Noncommercial public parks; commercial indoor playgrounds; clubs and lodges; cultural facilities; hospitals; medical and dental clinics; mortuaries and funeral homes (excluding crematories); government offices; schools; adult and youth centers; churches; reading rooms and similar uses.

9.

Vocational and trade schools not involving operations of an industrial nature, such as truck driving schools.

10.

Repair service establishments, such as household appliances, radio, television and similar uses.

11.

Automotive service stations that were lawfully approved and permitted by the city pursuant to a special exception prior to the effective date of Ord. No. 11-2015 [November 17, 2015] shall be considered a lawful, conforming use subject to all applicable conditions and requirements imposed by the city when said use was previously permitted. In addition, such automotive service stations may be modified to allow no more than ten fueling stations (where one vehicle can be accommodated for refueling) within any one filling station property or location, whether said filling station is located on one lot or comprises more than one lot. An automotive service station may be modified to allow up to 16 fueling stations on a single lot of at least one acre with at least 275 feet of single street frontage. Any request for a modification to such special exception is subject to Chapter 110, Article II, Division 4, City Code, and all other applicable provisions of the City Code.

12.

Light manufacturing, including:

a.

Instruments for controlling, measuring and indicating physical characteristics.

b.

Optical instruments and lenses.

c.

Surgical, medical and dental instruments and supplies.

d.

Ophthalmic goods.

e.

Watches, clocks, clockwork-operated devices and parts.

f.

Photographic equipment and supplies.

g.

Jewelry, silverware, plated ware.

h.

Musical instruments and parts.

i.

Toys, amusements, sporting and athletic goods.

j.

Radio, TV, phonograph and electronics instruments and parts.

k.

Pens, pencils and other office and artist materials.

l.

Costume jewelry, costume novelties, buttons and notions.

m.

Other similar uses.

13.

Craft distilleries, as defined by F.S. § 565.03, subject to the following:

a.

Onsite production of distilled spirits shall not exceed 75,000 gallons on an annual basis; and

b.

Tasting rooms and/or retail shops associated with the distillery shall be permitted but shall not exceed 50 percent of the total square footage of the operation; and

c.

No alcohol consumption, other than that associated with the tasting room, shall be permitted on-site; and

d.

No by-product of the distilling operation shall be discharged into the city's wastewater system, unless it is properly pre-treated as approved by the city; and

e.

All materials and supplies related to the distillery operation shall be stored in an enclosed structure.

14.

Veterinary hospitals and clinics.

15.

Radio and television studios, broadcasting towers and antennas.

16.

Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110-171.

17.

Retail stores using outside display areas subject to section 110-459.

18.

New and used automobiles, major recreational equipment and mobile home sales with accessory services, subject to the following:

a.

All outside areas where merchandise is displayed shall be paved.

b.

All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street.

c.

All servicing and repair activities, except gasoline pumps, shall be located in an enclosed structure.

d.

There shall be no storage of junked or wrecked automobiles, other than temporary storage not to exceed 30 days, and these vehicles shall be in an enclosed structure and not be visible from outside the property.

e.

Ingress and egress points shall not be placed so as to endanger pedestrian traffic.

19.

Theatres, drive-in theatres, photographic studios, bookstores, and dance studios, unless such uses fall within the scope and restrictions of section 10-86 et seq.

20.

Car washes, including polishing, and sale of related materials.

21.

Assisted living facilities, subject to the requirements of section 110-488.

22.

Plant nurseries and greenhouses, provided that all outside display of merchandise are contained within the required setbacks.

23.

Permanent and temporary onsite security living facilities, subject to an annual review and the following:

a.

Maximum size not to exceed 800 square feet.

b.

Security personnel only; no children allowed.

c.

Facility to be used exclusively for security purposes.

24.

Automotive maintenance facilities, but not automotive repair facilities.

25.

Tattoo establishments and body piercing salons required to be licensed under Chapter 381, Florida Statutes, provided however, the establishment or salon must be located within a building adjacent and fronting State Road A1A (Astronaut Blvd.), and no such establishment or salon shall be permitted to locate within 100 feet of any property with a pre-existing residential use or designated residential on the city's comprehensive plan future land use map and/or official zoning map. Said 100 feet shall be measured by following a straight line, without regard to intervening structures, from the building or portion thereof in which the establishment or salon is occupying to the nearest boundary of the residential property.

(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 06-2011, § 2, 10-18-11; Ord. No. 11-2015, § 2, 11-17-15; Ord. No. 12-2015, § 2, 11-17-15; Ord. No. 02-2016, § 2, 7-19-16; Ord. No. 20-2019, § 2, 1-21-20)

In the C-2 commercial/manufacturing district, customary accessory uses of one or more of the principal uses, clearly incidental and subordinate to the principal use, in keeping with the commercial manufacturing character of the district, are permitted.

(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 06-2011, § 2, 10-18-11; Ord. No. 02-2016, § 2, 7-19-16)

(a)

Special exceptions may be permitted for the following:

(1)

Pain management clinics, subject to the requirements of section 110-489 of this Code.

(2)

Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110-171.

(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2003, § 2, 3-4-03; Ord. No. 06-2011, § 2, 10-18-11; Ord. No. 05-2013, § 2, 3-19-13; Ord. No. 09-2014, § 2, 9-16-14; Ord. No. 02-2016, § 2, 7-19-16; Ord. No. 11-2017, § 2, 8-15-17)

In the C-2 commercial/manufacturing district, the following uses and structures are prohibited:

1.

All uses not specifically or provisionally permitted in this division.

2.

Any use which fails to meet performance standards specifications as provided in section 110-466.

3.

Bottle clubs.

4.

Crematoriums (animal or human).

(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2016, § 2, 7-19-16)

In the C-2 commercial/manufacturing district, the following areas and dimensions shall be required:

1.

Minimum lot area shall be as follows:

a.

Service stations, 12,000 square feet.

b.

All other principal uses and structures shall be 10,000 square feet.

2.

Minimum lot width shall be as follows:

a.

Service stations, 100 feet.

b.

All other principal uses and structures shall be 75 feet.

3.

Minimum lot depth shall be 100 feet.

4.

Maximum lot coverage shall be 50 percent.

5.

Minimum floor area shall be 300 square feet.

6.

Maximum height shall be 45 feet.

(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2016, § 2, 7-19-16)

In the C-2 commercial/manufacturing district, the minimum setbacks required shall be as follows:

1.

Front, 25 feet.

a.

(See section 110-356 for special setback.)

2.

Side (interior lot line) 15 feet, except where industrial property abuts a residential district, in which case the minimum side interior lot shall be 25 feet.

3.

Side (corner lot line), 25 feet.

4.

Rear, 15 feet, except where industrial property abuts a residential district, in which case the minimum rear yard requirement shall be 25 feet.

5.

Public or private street, 25 feet.

a.

(See section 110-356 for special setbacks.)

(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2016, § 2, 7-19-16)

In the C-2 commercial/manufacturing district, landscaping, screening and parking shall be as provided in article IX of this chapter.

(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2016, § 2, 7-19-16)

In the C-2 commercial/manufacturing district, performance standards shall be as provided in section 110-466, et seq.

(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2016, § 2, 7-19-16)

In the C-2 commercial/manufacturing district, off-street parking shall be as provided in section 110-491, et seq., and off-street loading shall be as provided in section 110-506, et seq.

(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2016, § 2, 7-19-16)

(a)

The requirements for the M-1 light industrial and research and development district are intended to apply to an area located in close proximity to transportation facilities and which can serve light manufacturing, research and development, distribution and other industrial functions. Restrictions in this division are intended to minimize adverse influences of the industrial activities. All principal uses permitted in this zone shall be contained in an enclosed structure.

(b)

The provisions of this division shall apply to all property designated as M-1 light industrial and research and development on the city's official zoning map. Further, those properties zoned M-1 that are located within the boundaries of the A1A Economic Opportunity Overlay District, established pursuant to article X of this chapter, shall be subject to the guidelines and standards of that article.

(Code 1981, § 638.01; Ord. No. 01-2007, § 3, 2-20-07; Ord. No. 11-2012, § 4, 7-17-12)

In the M-1 light industrial and research and development district, the following uses and structures are permitted, provided any use or group of uses that are developed, either separately or, if developed as a unit with certain site improvements, shared in common, meet requirements of article IX of this chapter:

(1)

General offices, studios, medical and dental clinics, laboratories, data processing and similar uses.

(2)

Engineering, laboratory, scientific and research instrumentation and associated uses.

(3)

Manufacturing of:

a.

Instruments for controlling, measuring and indicating physical characteristics.

b.

Optical instruments and lenses.

c.

Surgical, medical and dental instruments and supplies.

d.

Ophthalmic goods.

e.

Watches, clocks, clockwork-operated devices and parts.

f.

Photographic equipment and supplies.

g.

Jewelry, silverware, plated ware.

h.

Musical instruments and parts.

i.

Toys, amusements, sporting and athletic goods.

j.

Radio, TV, phonograph and electronics instruments and parts.

k.

Pens, pencils and other office and artist materials.

l.

Costume jewelry, costume novelties, buttons and notions.

m.

Other similar uses.

(4)

Self-service storage facility, subject to the requirements of section 110-459 of this Code.

(5)

Automotive maintenance facilities.

(6)

Automotive repair facilities.

(7)

Adult entertainment establishments and sexually oriented businesses, providing it complies with the following provisions:

a.

Definitions. Where applicable, words or phrases used in this subsection (7) shall be defined according to chapter 10, article IV of the Cape Canaveral City Code.

b.

Prohibited locations. Notwithstanding any other provision of the zoning ordinance of the city, no person shall cause or permit the establishment of an adult entertainment establishment or sexually oriented business within 1,000 feet of another such establishment or within 1,000 feet of any pre-existing religious institution, public park, public library, or any residentially zoned district (including, but not limited to, R-1, R-2, R-3) or area designated residential on the city's comprehensive plan future land use map. No person shall cause or permit the establishment of an adult entertainment establishment or sexually oriented business within 2,500 feet of an educational institution. No person shall cause or permit the establishment of a public park, public library, residential land use, or religious institution within 1,000 feet, or an educational institution within 2,500 feet, of an existing adult entertainment establishment or sexually oriented business. This provision shall also apply to adult entertainment establishments, sexually oriented businesses, religious institutions, public parks, public libraries, educational institutions and areas zoned or designated on a Comprehensive Plan for residential use that lie outside of the city.

c.

Permissible locations. Notwithstanding any other provisions of the zoning ordinance of the city, except those contained in subparagraph b., prohibited locations, above, adult entertainment establishments and sexually oriented businesses shall only be allowed in the M-1 zoning district.

d.

Measurement of distance. The distance between any two adult entertainment establishments or sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such establishment. The distance between any adult entertainment establishment or sexually oriented business and any residentially zoned or designated land, religious institution, public park, public library or educational institution shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment or sexually oriented business to the nearest boundary of the area zoned or designated on the comprehensive plan for residential use, or nearest property boundary of any religious institution, public library, public park or educational institution.

e.

Reserved.

f.

Variance. Upon written application duly filed with the city, the city council, may grant a variance, with or without conditions and additional safeguards, to the distance requirements of subparagraph b. above if it finds:

1.

That the proposed use will not be contrary to the public interest, detrimental to the public welfare, or injurious to nearby properties, and that the spirit and intent of the zoning ordinance will be observed;

2.

That all applicable provisions of this subsection and the city sexually oriented business and adult entertainment establishment code will be observed;

3.

That the proposed use will not be contrary to any adopted land use plan;

4

That special conditions and circumstances exist which are peculiar to the land, building or proposed business which are not generally applicable to other lands, buildings, or adult entertainment or sexually oriented businesses.

5.

That the variance is the minimum variance that will make possible the reasonable use of the subject land and building for the intended purpose; and

6.

That the variance does not confer upon the applicant any special privilege.

(8)

Vocational schools and colleges.

(9)

Fireworks sales facilities subject to the following distance requirements:

a.

They shall be at least 1,000 feet from any pre-existing fireworks sales facilities;

b.

They shall be at least 1,000 feet from any pre-existing residential use or property designated residential on the city's comprehensive plan future land use map and/or official zoning map;

c.

The distance shall be measured as the shortest linear distance between the property line of the proposed fireworks sales facility and any pre-existing fireworks sales facilities or any pre-existing residential use or property designated residential on the city's comprehensive plan future land use map and/or official zoning map.

(10)

Breweries, with or without tasting rooms and associated retail sales.

(11)

Tattoo establishments and body piercing salons required to be licensed under Chapter 381, Florida Statutes, provided however, no such establishment or salon shall be permitted to locate on property adjacent to N. Atlantic Avenue or within a building located within 100 feet of any property with a pre-existing residential use or designated residential on the city's comprehensive plan future land use map and/or official zoning map. Said 100 feet shall be measured by following a straight line, without regard to intervening structures, from the boundary of the property or building or portion thereof, as applicable, on which the establishment or salon is occupying to the nearest boundary of the residential property.

(12)

Convenience stores, including the sale of gasoline at fueling stations, subject to the following:

a.

All setbacks shall be no less than 25 feet from any portion of the building, including pump island, but in no case shall a lot have less than 100 feet of street frontage.

b.

Underground storage is required for all receptacles for combustible materials in excess of 55 gallons. Such storage shall comply with all Environmental Protection Agency standards.

c.

The accumulation and storage of waste petroleum products is forbidden, unless in compliance with Environmental Protection Agency standards.

d.

Curb cuts shall be made in accordance with section 110-493.

e.

No service stations shall be erected or located within 150 feet of the property line of any church, hospital, school or park.

f.

No main accessory building, and no gasoline pump shall be located within 25 feet of the lot line of a property that is residentially zoned. A finished concrete wall of at least eight feet in height shall be provided along any property line abutting a residential district or residential use.

g.

Primary services and sales permissible include fueling stations and electric charging stations, and include only the following accessory uses:

1.

Tire servicing and repair, but not recapping.

2.

Car wash services.

3.

Oil changes and other engine lubrication.

4.

Sale of convenience goods for service station customers.

5.

Restroom facilities.

6.

Accessory fast food services without a drive-through.

7.

Truck and trailer rentals.

h.

Vehicles shall not be parked outside the building for more than four days, such four days to be considered as an accumulated parking time, whether consecutive or accumulated.

i.

Uses permissible at a service station do not include body work, straightening of body parts, painting, welding (other than minor repairs), storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a body shop.

j.

Automotive parts, new or used, shall not be stored outside.

k.

Vehicles are not to be dismantled or scrapped for parts.

l.

Engine and transmission overhaul may be performed only inside the service bays.

m.

A minimum of two enclosed service bays and a customer waiting area must be provided if maintenance and repairs are a part of the business.

n.

A minimum building size of 2,000 square feet shall be provided.

o.

No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement.

p.

Landscaping shall conform to section 110-566.

q.

A minimum distance of 2,500 feet by shortest airline measurement shall be maintained between the nearest point of a lot or lots used for filling stations or automotive stations.

r.

Lighting on a service station shall be so designed and installed so as to prevent glare or excessive light on adjacent property. No source of illumination shall be allowed if such source of illumination would be visible from a residentially-zoned district to the extent that it interferes with the residential use of that area.

s.

No gasoline pump shall be located within 25 feet of a street right-of-way line.

t.

There shall be no more than ten fueling positions (where one vehicle can be accommodated for refueling) within any one filling station property or location, whether said filling station is located on one lot or comprises more than one lot. However, up to 16 fueling stations may be permitted on a single lot of at least one acre with at least 275 feet of single street frontage.

(13)

Outside storage, subject to section 110-566, where applicable.

(14)

Freight handling facilities: transportation terminals.

(15)

Veterinary hospitals and clinics, subject to the provisions designated in division 5 of this article for the C-1 district.

(16)

Recycling activities for the collection of nonhazardous materials, provided that all storage of such materials shall be in approved structures, containers or trailers.

(17)

Radio and TV studios.

(18)

Shopping centers, provided the shopping center is on a minimum ten-acre plot and has a minimum of 75,000 square feet of interior space under the roof All shopping centers shall be built in conformance with the criteria for the classification of shopping centers as set forth in the building code adopted in section 82-31.

(19)

Permanent onsite security living facilities, subject to an annual review and the following:

a.

Maximum size not to exceed 800 square feet.

b.

Security personnel only; no children allowed.

c.

Facility to be used exclusively for security purposes.

(20)

Restaurants.

(21)

Public buildings and facilities.

(22)

Telecommunications towers, subject to the provisions of section 110-482.

(23)

Vehicle rental facilities, as provided in section 110-556 of this Code.

(24)

Vocational and trade schools not involving operations of an industrial nature.

(25)

Retail stores, sales and display rooms, subject to section 110-459.

(26)

Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pick up stations, tailor shops, and similar uses.

(27)

Hotels, motels with a minimum of 150 rental units. In no case shall there be more than 30 rental units per net acre nor shall a rental unit have a floor area less than 300 square feet. Hotel and motel units containing provisions for cooking or light housekeeping shall have a minimum floor area not less than 400 square feet. Motels and hotels may not be converted to other types of dwellings at more than the density required in this chapter for such dwellings.

(Code 1981, § 638.03; Ord. No. 1-96, § 1, 1-30-96; Ord. No. 17-96, § 4, 10-1-96; Ord. No. 5-99, § 1, 9-7-99; Ord. No. 02-2004, § 2, 3-2-04; Ord. No. 08-2004, § 2, 5-4-04; Ord. No. 13-2004, § 4, 7-20-04; Ord. No. 03-2011, § 2, 5-17-11; Ord. No. 06-2011, § 2, 10-18-11; Ord. No. 08-2012, § 2, 6-19-12; Ord. No. 11-2015, § 2, 11-17-15; Ord. No. 02-2016, § 2, 7-19-16; Ord. No. 20-2019, § 2, 1-21-20; Ord. No. 01-2020, § 2, 2-18-20)

In the M-1 light industrial and research and development district, accessory uses and structures shall be permitted as follows:

(1)

Retail sales of products manufactured upon the premises.

(2)

Customary accessory uses of one or more of the principal uses, clearly incidental and subordinate to the principal use, in keeping with the light industrial and research and development character of the district.

(Code 1981, § 638.05)

(a)

Special exceptions may be granted for the following:

(1)

Conveyor systems for purposes of moving aggregate and other materials, subject to the following:

a.

Conveyor systems must be connected and adjacent to Port Canaveral.

b.

Conveyor systems crossing the setback must be constructed in a north-south direction, perpendicular to Port Canaveral.

c.

Conveyor systems must be completely enclosed where located within a setback.

d.

Conveyor systems shall not exceed 30 feet in height, where located within a setback.

e.

Conveyor systems in the setbacks shall not be located within 750 feet from any other existing or approved conveyor system(s). This measurement shall be drawn as a straight line connecting the conveyor systems.

(2)

Pain management clinics, subject to the requirements of section 110-489 of this Code.

(3)

Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110-171.

(Code 1981, § 638.07; Ord. No. 13-95, § 1, 9-19-95; Ord. No. 1-96, § 3, 1-30-97; Ord. No. 8-97, § 1, 9-2-97; Ord. No. 16-2005, § 2, 10-4-05; Ord. No. 01-2007, § 2, 2-20-07; Ord. No. 05-2013, § 2, 3-19-13; Ord. No. 09-2014, § 2, 9-16-14; Ord. No. 02-2016, § 2, 7-19-16; Ord. No. 11-2017, § 2, 8-15-17)

Cross reference— Adult entertainment, § 10-86 et seq.

In the M-1 light industrial and research and development district, the following uses and structures are prohibited:

(1)

All uses not specifically or provisionally permitted in this division and uses not in keeping with the light industrial and research and development character of the district.

(2)

Any use deemed objectionable by the standards established in section 110-466 et seq.

(Code 1981, § 638.09)

In the M-1 light industrial and research and development district, the area and dimensions shall be as follows:

(1)

Minimum lot area shall be 10,000 square feet.

(2)

Minimum lot width shall be 75 feet.

(3)

Minimum lot depth shall be 100 feet.

(4)

Maximum lot coverage shall be 50 percent.

(5)

Minimum floor area shall be 300 square feet.

(6)

The maximum height of all buildings constructed within the M-1 zoning district shall be 45 feet.

(Code 1981, § 638.11; Ord. No. 18-96, § 2, 9-3-96)

(a)

In the M-1 light industrial and research and development district, the minimum setbacks required shall be as follows:

(1)

Front, 25 feet. (See subsection (b) of this section.)

(2)

Side (interior lot line), 15 feet, except where industrial property abuts a residential district, in which case the minimum side interior lot shall be 25 feet.

(3)

Side (corner lot line), 25 feet.

(4)

Rear, 15 feet, except where industrial property abuts a residential district, in which case the minimum rear yard requirement shall be 25 feet.

(5)

Public or private street, 25 feet.

(b)

See section 110-536 for special setbacks.

(Code 1981, § 638.11)

In the M-1 light industrial and research and development district, landscaping, screening and parking shall be as provided in article IX of this chapter.

(Code 1981, § 638.13)

In the M-1 light industrial and research and development district, performance standards shall be as provided in section 110-466 et seq.

(Code 1981, § 638.15)

In the M-1 light industrial and research and development district, offstreet parking shall be as provided in section 110-491 et seq. and offstreet loading shall be as provided in section 110-506 et seq.

(Code 1981, ch. 638.17)

Townhouses are permitted as an allowed use in R-2 and R-3 districts.

(Code 1981, ch. 639)

Townhouse area and dimensions shall be as follows:

(1)

Minimum area to be developed shall be 6,250 square feet.

(2)

Minimum lot area shall be 1,400 square feet.

(3)

For all townhouse subdivisions approved after April 17, 2018, the minimum lot width shall be 20 feet for interior lots, 28 feet for end lots, 45 feet for a corner lot and 35 feet for a corner lot on a nonconforming lot of record.

a.

Should a townhouse structure built on a lot that has become nonconforming after April 17, 2018 be destroyed, a new townhouse may be rebuilt on such nonconforming lot, notwithstanding the provisions of section 110-196 relating to nonconforming lots of record.

(4)

Minimum lot depth shall be 70 feet.

(5)

Maximum lot coverage by all buildings shall be 40 percent of the site area.

(6)

Minimum floor area shall be as follows:

a.

One bedroom, 650 square feet per dwelling unit.

b.

Two bedrooms, 750 square feet per dwelling unit.

c.

Additional bedrooms, 200 square feet per bedroom.

(7)

Maximum building length or width shall be 185 feet.

(8)

For all townhouse units built after April 17, 2018, the minimum townhouse unit width shall be 20 feet.

a.

Should a townhouse unit that has become nonconforming after April 17, 2018 be destroyed, a new townhouse unit may be rebuilt, provided that it is in conformity with the provisions of this division to the maximum extent possible, notwithstanding the provisions of section 110-193(c) relating to the continuance of nonconforming structures.

Until December 31, 1993, 50- and 75-foot-wide nonconforming lots of record may have 16-foot-wide townhouse lots. Further, notwithstanding the above, for multiple-family dwellings and two-family dwellings existing prior to October 4, 1988 that, although not located on individually platted lots, were otherwise built in accordance with townhouse standards, such dwellings may be converted to townhouses with lot widths and unit widths of 16 feet or more as necessary to allow for the existing footprint of each dwelling unit to remain. In addition, notwithstanding any provision of Chapter 98 of this Code, such existing dwellings shall be allowed to remain in their existing location, irrespective of an encroachment into a yard setback, except that such encroachment must be remedied upon the destruction of the encroaching unit.

With any application for a townhouse subdivision that proposes to convert an existing multiple-family or two-family dwelling unit into a townhouse, the applicant must submit a certified report from a registered state professional engineer that such dwelling was built in accordance with townhouse standards and such units shall also be subject to inspection by the building official. Townhouse standards shall mean that the multiple-family dwelling or two-family dwelling was built in accordance with the applicable townhouse provisions of the adopted Building Code at the time of its construction.

(Code 1981, § 639.03; Ord. No. 03-2018, § 2, 5-15-18)

For townhouses, the minimum setbacks required shall be as follows:

(1)

Front, 25 feet.

(2)

Side, end unit, eight feet.

(3)

Side, interior unit, zero feet.

(4)

Rear, 15 feet.

(5)

Side, corner lot, 25 feet; on all nonconforming lots of record, 15 feet.

(Code 1981, § 639.03)

For a townhouse, there shall be a minimum of three parking spaces for each living unit located on the same property as the main building. The minimum of three parking spaces shall be required of all living units of three bedrooms or less. Living units containing in excess of three bedrooms shall require an additional parking space for each bedroom in excess of three.

(Code 1981, § 639.05)

For townhouse utilities, the following shall apply:

(1)

All utility distribution systems, including but not limited to television cable, telephone and electrical systems shall be installed underground. Primary facilities providing services to the site may be excluded.

(2)

A five-foot public access easement shall be provided along each side and across the rear of the site.

(Code 1981, § 639.07)

Editor's note— Ord. No. 09-2007, § 2, adopted Dec. 4, 2007, repealed § 110-376, which pertained to preservation of trees and derived from Code 1981, § 639.09.

Each townhouse unit shall be located on an individually platted lot. If there exists areas for common use of the occupants, the plat will not be approved until satisfactory arrangements are made for maintenance and presented to the city. Individual maintenance procedures shall be submitted to the planning and zoning board to ensure that all public areas in common open spaces shall be maintained in a satisfactory manner without expense to the city.

(Code 1981, § 639.11)

The townhouse developer must file an application for a building permit. The application must be in a format approved by the building official and shall include all elements necessary for multi-family construction in accordance with section 110-221 et seq. The expiration date of the building permit shall be in accordance with section 106.6.1 of the building code adopted in section 82-31.

(Code 1981, § 639.13)

A townhouse development schedule shall be submitted for review to the planning and zoning board, who may approve, approve subject to conditions or disapprove. When submitted, the development schedule shall indicate the staging of construction and the staging of open space or other common use areas for conveyance, dedication or reservation; the geographic stages in which the project will be built; the approximate date when construction of each stage shall begin; and its anticipated completion date. Provision for the construction of cultural and recreational facilities which are shown on the site plan shall proceed at an equivalent or greater rate as the construction of the dwelling units.

(Code 1981, § 639.15)

The intent of the Public/Recreation (PUB/REC) zoning district is to provide land for public facilities and active recreation while preserving open space for enjoyment of nature. Uses within this category shall be designed to provide a high-degree of compatibility with community needs and adjoining land uses, particularly residential ones.

(Ord. No. 15-2019, § 2, 11-19-19)

The principle uses and structures permissible in the PUB/REC zoning district are as follows:

(1)

Public parks, including open space, playgrounds, and athletic fields.

(2)

Public facilities such as city hall, public schools, public safety buildings, public utility facilities, city community centers, and cultural institutions including museums, libraries and art galleries.

(3)

Public recreation facilities such as kayak launches, skate parks, picnic tables and pavilions, tennis, basketball and bocce courts, and swimming pools.

(4)

Multi-purpose recreation trails and boardwalks.

(5)

Frisbee golf courses.

(6)

Drainage and stormwater facilities.

(7)

Botanical and community gardens.

(8)

City initiated, sponsored and approved public art.

(9)

Piers and non-motorized boat launches.

(10)

Other public or recreational uses approved by the city council at a duly held public hearing, but only after the city council has made an affirmative determination based on competent substantial evidence that the proposed use's height, scale and intensity, hours of operation, building and lighting design, setbacks, aesthetics, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions, natural environmental impacts, parking and traffic-generating characteristics, number of persons anticipated using, residing or working under the proposed use and other offsite impacts, are compatible and harmonious with the intent and purpose of this zoning district and adjacent land uses and environment and will not adversely impact public services (including water, sewer, stormwater and surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways and bicycle and pedestrian facilities), land use activities and natural habitat and other environmental considerations in the immediate vicinity.

(Ord. No. 15-2019, § 2, 11-19-19)

The accessory uses and structures permitted in the PUB/REC zoning classification shall be as follows:

(1)

Caretakers home.

(2)

Administrative, support, restrooms and storage buildings of under 10,000 square feet per building.

(3)

Small snack bars, sandwich shops and other incidental food and beverage services under 1,000 square feet clearly incidental and subordinate to the permitted park and recreational facility and intended to be utilized primarily by users of the park or recreational facility.

(4)

Community meeting halls/buildings

(Ord. No. 15-2019, § 2, 11-19-19)

Reserved

(Ord. No. 15-2019, § 2, 11-19-19)

In the PUB/REC zoning district, all uses and structures not specifically or provisionally permitted in this division are prohibited.

(Ord. No. 15-2019, § 2, 11-19-19)

In the PUB/REC zoning district, the following area and dimensions shall apply:

(1)

Minimum lot area shall be 5,000 square feet.

(2)

Minimum lot width shall be 50 feet.

(3)

Minimum lot depth shall be 75 feet.

(4)

Maximum coverage for building footprints shall be 35 percent, with overall impervious coverage not exceeding 50 percent.

(5)

Maximum building height shall be 35 feet.

(Ord. No. 15-2019, § 2, 11-19-19)

In the PUB/REC zoning district, the minimum setback shall be 15 feet from all lot lines.

(Ord. No. 15-2019, § 2, 11-19-19)

In the PUB/REC zoning district, off-street parking and access to public or private roadways shall be provided in accordance with Land Development Code sections 110-491 and 110-493.

(Ord. No. 15-2019, § 2, 11-19-19)

The intent of the Conservation (CON) zoning district is to preserve the natural environment and open space of certain areas deemed suited for preservation while allowing for limited less-active recreational opportunities compatible with the area.

(Ord. No. 15-2019, § 2, 11-19-19)

The following principle uses and structures shall be permissible in the Conservation zoning district:

(1)

Public and private game preserves, city, county and state parks, wildlife management areas and refuges.

(2)

Low-intensity public recreation, including, but not limited to, bicycle/nature trails, boardwalks pavilions and overlooks, bird watching, recreational fishing, canoeing or kayaking, nature centers and small, low-intensity playgrounds.

(3)

Water conservation areas, reservoirs and wells.

(4)

Natural vegetated areas.

(5)

Wetlands.

(6)

Aquatic preserves.

(7)

Historic or archaeologic sites.

(8)

Other passive, conservation related uses approved by the city council at a duly held public hearing, but only after the city council has made an affirmative determination based on competent substantial evidence that the proposed use's height, scale and intensity, hours of operation, building and lighting design, setbacks, aesthetics, buffers, noise, refuse, odor, particulates, smoke, fumes and other emissions, natural environmental impacts, parking and traffic-generating characteristics, number of persons anticipated using, residing or working under the proposed use and other offsite impacts, are compatible and harmonious with intent and purpose of this zoning district and adjacent land uses and environment, and will not adversely impact public services (including water, sewer, stormwater and surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities), land use activities and natural habitat and other environmental considerations in the immediate vicinity.

(Ord. No. 15-2019, § 2, 11-19-19)

The accessory uses and structures permitted in the Conservation zoning district shall be as follows:

(1)

Caretakers home.

(2)

Administrative, support, restrooms and storage buildings of under 10,000 square feet.

(3)

Any other uses found to be accessory and incidental to a permitted principle use and/or structure.

(Ord. No. 15-2019, § 2, 11-19-19)

In the Conservation zoning district, any uses or structures not specifically or provisionally permitted in the district are prohibited.

(Ord. No. 15-2019, § 2, 11-19-19)

In the Conservation zoning district, the following area and dimensions shall apply:

(1)

Minimum lot area shall be one acre.

(2)

Minimum lot width and depth shall not be required, so long as the lot area is one acre or more.

(3)

Maximum coverage for building footprints shall be 30 percent, with overall impervious coverage not exceeding 30 percent.

(Ord. No. 15-2019, § 2, 11-19-19)

Minimum front, side and rear setbacks shall be 25 feet for the Conservation zoning district.

(Ord. No. 15-2019, § 2, 11-19-19)

In the Conservation zoning district, off-street parking and access to public or private roadways shall be provided in accordance with Land Development Code sections 110-491 and 110-493.

(Ord. No. 15-2019, § 2, 11-19-19)