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Cocoa City Zoning Code

ARTICLE VIII

ESTABLISHMENT OF DISTRICTS: PROVISION FOR OFFICIAL ZONING MAP

Sec. 1. - Official zoning map.

(A)

Use and area districts established. For the purposes of this ordinance, the City of Cocoa is hereby divided into use districts as provided hereafter.

(B)

Maps and boundaries. The boundaries of these districts are hereby established as shown on a map entitled "The Zoning Map of the City of Cocoa" on file in the office of the city clerk, which map, with all explanatory matter thereon, shall be deemed to accompany, be, and is hereby made a part of this ordinance.

(C)

The official zoning map shall be identified by the signature of the mayor attested by the city clerk, and bearing the seal of the city under the following words: "This is to certify that this is the official zoning map referred to in article VIII of Ordinance Number 1618 of the City of Cocoa, Florida" together with the date of the adoption of this ordinance.

(D)

If, in accordance with the provisions of this ordinance and Chapter 176, Florida Statutes, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has been approved by the city council. A zoning number and an ordinance number shall be given to each change and a file of such changes kept by the engineering and planning department. The amending ordinance shall provide that such changes or amendments shall not become effective until they have been duly recorded upon the official zoning map.

Editor's note— Florida Statutes, Ch. 176, was repealed by the Home Rule Act, now F.S. Ch. 166. Note that the procedure for enactment of ordinances rezoning property is now set out in F.S. § 166.041 and section 2-55 of this Code.

No zoning changes shall be made on the official zoning map or matter shown thereon except in conformity with the procedure set forth in this ordinance.

Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance and punishable as provided under this ordinance.

(E)

Reserved.

(F)

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 the vault in city hall when not in use and readily available to the public, shall be the final authority as the current zoning status of land and water areas, buildings and other structures in the city.

Sec. 2. - Replacement of official zoning map.

In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes and additions, the city council may 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. The new official zoning map shall be identified by the signature of the mayor attested by the city clerk, and bearing the seal of the city under the following words: "This is to certify that this official zoning map supersedes and replaces the official zoning map adopted (date of adoption of map being replaced) as part of Ordinance No. 1618 of the City of Cocoa, 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.

Sec. 3. - Rules of interpretation of district boundaries.

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

(A)

Boundaries indicated as approximately following the center lines of streets, highways, or alleys shall be construed to follow such center lines;

(B)

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

(C)

Boundaries indicated as approximately following city limits shall be construed as following city limits;

(D)

Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks;

(E)

Boundaries indicated as following shore lines shall be construed to follow the high water mark and in the event of change in the shoreline shall be construed as moving within the high water mark; boundaries indicated as approximately following the center lines of streams, rivers, canals, lakes, or other bodies of water shall be construed to follow such center lines;

(F)

Boundaries indicated as parallel to or extensions of features indicated in subsections (a) through (e) shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the use of the scale shown on said zoning map;

(G)

In cases where the actual location of physical features varies from those shown on the official zoning map, or in other circumstances not covered by subsections (a) through (f) above, the city council shall interpret the district boundaries;

(H)

All areas within the corporate limits of the city which are under water and are not shown as included within any district shall be subject to all of the regulations of the district which immediately adjoins the water area. If the water area joins two (2) or more districts, the boundaries of each district shall be construed to extend into the water area in a straight line until they meet the other district.