A.

Site plans, as defined in section 1-20, shall be submitted for all commercial and residential (including single family) development or redevelopment and all site improvements or building additions which impact the site. All site plans are subject to the following:

1.

The site plan shall be sealed by a Florida certified professional and drawn to an industry acceptable engineer's scale, but in no instance less than one (1) inch to forty (40) feet.

2.

The requirements of this section shall be determined and expressed to the applicant at the pre-application meeting.

3.

The site plan shall show the location of the structure in relation to property lines, setbacks, easements, off-street parking and loading spaces, service areas, walls, fences, public streets, driveways, open spaces and sidewalks, utilities, and the location and types of signs, and site lighting.

4.

Lot areas, percentage of building ground coverage, percentage of impervious lot coverage, floor elevations and square footage in each structure shall also be included.

5.

An up to date property boundary survey is also required with any site plan application.

6.

A stormwater plan is required, which includes, but is not limited to, ground elevations, grading and stormwater management characteristics, flow paths, stormwater facilities and best management practices (BMPs).

7.

Site plan requirements for specific projects, including residential developments of three (3) or more units, commercial, professional, public, or institutional developments may include some or all of the requirements below, as determined by the administrator.

a.

A landscape plan, as detailed in section 3-52, which includes, but is not limited to, existing trees, site topography, and proposed improvements.

b.

A traffic impact statement/analysis, as defined in section 1-20, using standards developed within the most recent version of the Transportation Site Impact Handbook from Florida Department of Transportation (FDOT).

c.

A parking plan which incorporates the requirements of section 3-01, and any necessary parking agreements.

d.

A lighting plan, which complies with the requirements provided in chapter III, article VI.

e.

A preliminary sign plan, which complies with the requirements provided within chapter V.

f.

Concurrency analysis documentation, as detailed in section 4-03.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

All site plans are reviewed based on the requirements above.

A.

Pre-application meeting.

1.

Prior to submittal of a site plan, applicants are encouraged to request a pre-application meeting.

2.

At any time during the development process, the applicant and/or city staff may request a meeting to get project updates, answer questions, or address concerns.

B.

Submittal requirements.

1.

Site plan fees are established by the city commission by resolution for residential, commercial and public developments.

2.

The site plan shall be prepared, signed and sealed by an architect or professional engineer, licensed by the State of Florida, in engineering standard document format at a scale not less than one (1) inch to forty (40) feet, unless (for larger projects) a larger scale is requested and authorized by the city.

3.

Electronic site plan submittal is required, but city staff reserves the right to request one (1) or more signed, sealed paper copies as well.

4.

Additional documentation may be required as well, depending on the scope of the project.

C.

Site plan review by the city commission.

1.

When a site plan submittal involves properties of three (3) acres or greater, or which contain structures of thirty thousand (30,000) square feet or greater, or both, the project is considered a large scale development, as defined in section 1-20, and requires review and final approval by the city commission.

2.

The planning board will review large scale development site plans for compliance with the comprehensive plan and land development code, and as a result of the review, the planning board will provide its recommendations for approval, approval with conditions, or denial.

3.

The recommendation of the planning board will be forwarded to the city commission for final review and action.

4.

Upon review of the site plan for a large scale development, the city commission will:

a.

Approve the site plan, with or without conditions;

b.

Deny the site plan, and identify the findings and reasons for denial; or

c.

Return the application to the development services department and/or the planning board for further review and recommendation.

1.

The action of the city commission is final and shall be implemented by the development services department.

D.

Approved site plans.

1.

Following approval of a site plan, the applicant is eligible to apply for a building permit, and shall comply with all the building permit application procedures detailed in article II of this chapter.

2.

Once a site plan has received final approval, the applicant shall have two (2) years to apply for and receive approval of a building permit. Once a site plan has expired, a new site plan application shall be submitted.

3.

Requested revisions to a site plan after approval shall be submitted for review. If the revision is considered minor, city staff may be able to review and approve. If the revision is considered major, the original approval process will be followed. The administrator, or designee, will make the determination.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

Concurrency requirements for public services.

1.

Except as exempted in subsection A.3 below, no request for new development shall be approved until completion of a concurrency evaluation and the determination that adequate public services of potable water, sanitary sewer, solid waste, drainage, roads, and open spaces are available.

a.

Prior to approval of a request for rezoning, land use change, special exception or variance a nonbinding concurrency evaluation is required.

b.

Prior to approval of a site plan or building permit a binding concurrency evaluation is required.

2.

The determination of adequate public services shall mean that levels of services are available in compliance of those adopted within the Comprehensive Plan.

3.

The requirement for a concurrency evaluation is not required when the new construction meets one (1) or more of the requirements below:

a.

A single family home on an existing lot of record.

b.

A small scale redevelopment project which does not increase the density or intensity of the site and which does not change the type of use.

4.

A determination that adequate public services are available for a new development is not a guarantee of approval of a site plan or building permit.

B.

School concurrency requirements.

1.

Except as exempted below, no site plan or building permit for new residential construction shall be approved until a School Impact Analysis (SIA) has been undertaken, which results in the issuance of a School Capacity Availability Determination Letter (SCADL) indicating that adequate school facilities have been reserved to accommodate the impacts of the residential development.

2.

The requirement for a school concurrency evaluation is not required when the new residential development meets one (1) or more of the requirements below:

a.

A single family home on an existing lot of record.

b.

An age restricted residential community with no permanent residents under the age of eighteen (18), if the community covenants provide for the age restriction for permanent residents to be eighteen (18) years or older.

c.

The replacement of an existing residential dwelling unit if the existing unit had been occupied at some time during the five-year period immediately preceding the reconstruction.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

Approval of a city building permit, or development order, is required prior to any of the following:

1.

Construction of structures, as defined in section 1-20, and demolition of buildings and structural elements within a building.

2.

Land clearing, dredging or filling of a site.

3.

Interior renovations which affect walls, electrical, plumbing or mechanical systems.

4.

The installation of fences, driveways, swimming pools, and parking area elements.

5.

The construction of seawalls, docks, and dune walkovers.

6.

The installation of signs.

7.

Any other site activities as identified within this land development code (LDC) or as determined by the administrator.

B.

The chief building official (CBO) shall be designated as the administrator responsible for the approval, distribution and enforcement of building permits, certificates of occupancy and other such certificates, as required by the Florida Building Code (FBC) or other city codes.

C.

The Florida Building Code (FBC), most recent edition, is the controlling authority for approval of construction within the City of Cocoa Beach.

D.

All state permitting and licensing requirements shall be approved prior to approval of a city building permit.

E. If the scope of work authorized by a building permit is exceeded, if unlicensed activities are occurring, or if safety violations are witnessed, the CBO, or designee, has the authority to issue a stop work order or to revoke the permit authorization.

F. Violations of these regulations shall require enforcement action resulting in the removal of illegal structures or site improvements, the issuance of penalties or fines, or code enforcement action as detailed in the city code of ordinances chapter 30.

G. An appeal of any decision by the CBO, or designee, in administering or enforcing these requirements and regulations shall be in accordance with section 1-49 or as provided within Florida Building Code (FBC).

H.

Right of entry. For the purpose of enforcing this article, the CBO, and/or his authorized representative, shall have the right to enter onto private property and into private buildings, while construction is in progress, at any reasonable time.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

Submittal of an application for a building permit does not provide the right to begin work. Work may commence only after approval by the CBO, payment of all applicable fees, and issuance of a permit.

B.

A request for a building permit begins with a properly completed application by an authorized applicant, the submittal of all required fees, and any required site plans, surveys, specifications, engineering plans, architectural drawings, and copies of state and county required permits or documentation.

C.

Electronic application submittal is preferred, but city staff reserves the right to request one (1) or more signed, sealed paper copy as well.

D.

At any time during the application review process, the applicant may be notified to answer questions or to provide more information.

E.

All building permit applications and related documents are public record.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

Approved building permits are valid for six (6) months from the date of issuance or the date of the latest approved inspection. Any requests for revalidation or extensions will be considered and reviewed according to the requirements of FBC Section 105.

B.

The issuance of a building permit does not provide the authority to alter the scope of work or to violate or alter any approved plans without CBO approval. The applicant shall submit revision requests with applicable fees to the city for review.

C.

When a building permit has been issued based on incorrect or incomplete information, or when construction is in violation of the approved permit or any ordinance or regulation, the chief building official is authorized to suspend or revoke the permit, as provided within the City Code of Ordinances chapter 6.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

Depending on the scope of work, inspections are required during or upon completion of construction, or both. The specific number and type of required inspections are provided upon issuance of the building permit.

B.

A building permit for construction is considered completed only after final inspection and sign off by the CBO or authorized designee.

C.

When deemed necessary, the CBO may require a statement under the seal of the professional engineer of record, licensed by the State of Florida, certifying that, based on that engineer's inspection, the site construction has been done in accordance with the approved site plan, building permit and all applicable city and state regulations. The CBO may also require statements of acceptance from other city departments or outside agencies having jurisdiction.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

New or redeveloped structures may be occupied only after issuance of a certificate of occupancy (CO) by the CBO.

B.

Requirements for receiving a CO shall include the following:

1.

Approval of all required inspections;

2.

Final approval from Cocoa Beach Public Works, Fire, and Utilities departments;

3.

Payment of all impact and connection fees, including Cocoa Water, Cocoa Beach Water Reclamation, and Brevard County;

4.

Final survey indicating finish grade of the property;

5.

Sealed certificate from the engineer of record certifying the site was constructed to the approved site plan;

6.

FEMA elevation certificate;

7.

Special inspector sign off (threshold buildings);

8.

Termite protection certificate submitted for file and posted onsite near water heater or electric panel;

9.

Insulation certificate submitted for the file;

10.

Address, as assigned by Brevard County E911, displayed on the building;

11.

Other documentation as required by the CBO.

C.

At the discretion of the CBO, a temporary CO may be provided for the purposes of construction operations, testing, or stocking inventory, but only when there are no existing safety violations.

D.

It shall be unlawful for any public utility service to be provided to a structure prior to issuance of a CO or temporary CO.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

The city commission shall have the authority to authorize the abandonment or vacation of any public road, public street, public alley, or other public right of way within its jurisdiction. Approval shall be by ordinance and a unanimous vote of the commission is required for approval of such action.

B.

The city commission shall have the authority to authorize the disposal, sale or relinquishment of interests in real property owned by the city. Approval shall be by ordinance and a unanimous vote of the commission is required for approval of such action.

C.

Any approval for the vacation or disposal of public property must be consistent with the City Charter, Comprehensive Plan, and these land development codes (LDC).

D.

A citizen request for the vacation or disposal of public property must be made in writing, in accordance with the guidelines below:

1.

Completion of a city provided application with a letter of rationale for approval of the request.

2.

A legal description of the property to be vacated or disposed.

3.

A boundary survey, as applicable, of properties affected by the request.

4.

Authorization from public utilities, as applicable, indicating no objection or evidence that necessary utility easements are being provided.

5.

Property owner addresses, received from Brevard County GIS, for all property owners within three hundred (300) feet of the subject site for the purposes of providing written notification of the request.

6.

Payment of all required application and legal notification fees.

7.

Any other applicable information which may be required to provide a complete background of the request.

E.

Each request for the vacation or disposal of public property is required to be reviewed by city staff and the planning board prior to submittal to the city commission.

1.

The deadline for submittal of a request is thirty (30) days prior to the next regularly scheduled planning board meeting.

2.

City staff will conduct an initial review of the request and provide findings to the planning board.

3.

One (1) public hearing before the planning board is required, whereby the board will issue a recommendation to the city commission.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

A request for a replat, as defined in section 1-20, shall require submittal of a city provided application, a boundary survey of existing conditions, a boundary survey with legal descriptions of the requested conditions, a title report by a licensed title insurance company or opinion of title by an attorney who is a member of the Florida Bar showing ownership of all property within the area to be replatted, and submittal of required fees.

B.

The request will be reviewed by city staff professionals for compliance with the City Charter, the Comprehensive Plan, and the LDC.

C.

Any streets or sidewalks created as a result of a replat shall be designed and constructed in accordance with the City Code of Ordinances chapter 22 and the Cocoa Beach Standard Construction Details.

D.

If the request is approved, the applicant will record the replat with the Brevard County Clerk of the Court.

E.

All requests for addressing will be through Brevard County E911 Addressing.

F.

The recorded replat and amendments to parcel addressing will be provided to the city within thirty (30) days of the effective date of the replat.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

The addition of fill to any parcel within the city is prohibited, except as part of an approved site plan or building permit for construction.

B.

The dredging of any property or waterway within city jurisdiction is prohibited, except as part of an approved site plan or building permit for construction.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

Within the districts established by these regulations or amendments thereto, or both, there exist lots, structures, and uses which were lawful before these regulations were adopted but which would be classified as nonconforming under these current LDC regulations. These lots or structures are classified as legal nonconforming.

B.

Legal nonconforming structures shall be permitted to continue until they are removed, but shall only be replaced with structures which are in compliance with current LDC regulations.

C.

Structures which are legal nonconforming may be maintained and upgraded. These structures may be expanded or extended only in such a manner that will not increase the nonconformity and will not cause any other nonconformity to occur.

D.

To avoid undue hardship, nothing in these regulations shall require a change in the plans, construction or designated use of any building which was deemed by the administrator to be under construction prior to the adoption or amendment of these regulations.

E.

Structures which exceed the current height restrictions may be razed and rebuilt to their previous height, as provided within the City Charter.

F.

Structures which exceed the current density restrictions, may be razed and rebuilt to their previous density, as provided within the City Charter.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

Where a lot area does not conform to these regulations, but is currently a lot of record, such lot may be used for the permitted uses, accessory uses and special exceptions granted for the zoning district where it exists, providing all other provisions of the district are met.

B.

If any portion of two (2) or more lots or combinations of lots are currently existing under single ownership, are being used as one (1) single lot, and if separated, would not conform to the required minimum lot size, such combinations of lots will be considered an undivided parcel and no portion of said parcel shall be used, divided or sold as an individual nonconforming parcel.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

When a nonconforming lot, structure or use is changed, discontinued or abandoned for six (6) consecutive months or for eighteen (18) months during any three-year period from the date of abandonment, the nonconformity shall not thereafter continue and it shall be permanently discontinued. Moving forward, said lot, structure or use shall be in conformance with these LDC regulations in the zoning district where it exists. This does not apply when closure is due to a natural disaster or declared state of emergency.

B.

When a portion of a nonconforming structure is removed or demolished to an extent which exceeds more than fifty (50) percent of the current replacement cost of the entire structure, as determined by the chief building official (CBO), said structure, if reconstructed, shall be done so in full conformance with the City Charter, Comprehensive Plan, and current land development and building codes.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

A building devoted in whole or in part to any nonconforming use, or any nonconforming structure may receive normal repairs and maintenance during any calendar year to an extent not exceeding ten (10) percent of the current replacement cost of the building, as determined by the chief building official (CBO), provided that the interior square and cubic footage of the building is not increased.

B.

Nothing in these regulations shall prevent the strengthening or restoring of a building or part thereof which has been declared to be unsafe by a city building official or fire marshal, but such strengthening or restoration shall be in compliance with this LDC.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

The board of adjustment may grant a variance from the applicability or specific terms of these LDC regulations when such variance will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of these LDC regulations would result in an undue hardship upon the property owner.

A variance from the board of adjustment is a type of formal modification of the dimensional or numerical requirements of the LDC regulations where not 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 these regulations would result in unnecessary and undue hardship. As used in this section, a variance may be approved by the board of adjustment and it is authorized only for height, area and size of structure or size of yards and open spaces to the extent that such variance is consistent with the Comprehensive Plan and City Charter. Applications for a variance for a building height to exceed forty-five (45) feet shall be governed solely by section 4-40. Applications for a variance for a density to exceed ten (10) residential or twenty-eight (28) transient units shall be governed solely by section 4-41. Applications for a variance from the board of adjustment shall be governed by the following:

A.

A variance from the terms of these regulations may be heard by the board of adjustment when an applicant completes and submits a variance application which indicates the section of the LDC regulations under which the variance is sought, and the grounds on which it is requested.

B.

After receipt of a sufficient application, the request shall be scheduled for public hearing before the board of adjustment as expeditiously as possible and no sooner than thirty (30) days from the date of the application submission.

C.

Notification requirements shall be as detailed in section 4-44 of these regulations.

D.

The applicant shall provide sufficient information to staff to clearly show the board of adjustment that the requirements listed below for authorizing a variance have been met:

1.

Special conditions and circumstances exist which are peculiar to the land, structure or building and which are not applicable to other lands, structures or buildings in the same district.

2.

The literal interpretation and strict application of the LDC regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the LDC regulations.

3.

The special conditions and circumstances do not result from the actions of the applicant.

4.

Granting the variance will not give the applicant any special privilege that is denied by the LDC regulations to other lands, structures, or buildings in the same district.

5.

The variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

6.

The granting of the variance will be in harmony with the general purpose and intent of the LDC regulations and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

E.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with these regulations. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of and punishable under these regulations.

F.

The board of adjustment shall prescribe a time limit, which shall not be greater than twenty-four (24) months, where the action for which the variance is required, shall be started and diligently pursued to completion without cessation of thirty (30) days or more.

G.

Under no circumstances shall the board of adjustment grant a variance to allow a prohibited use in the zoning district where the said property is located.

H.

Should the board of adjustment deny a case for a variance, it shall not consider any further petition for the same case, on the same property, for a period of one (1) year from the date of denial. However, if substantive new evidence is supplied by the petitioner, the administrator is authorized to determine that such evidence warrants an early reapplication, and thereby waive the one-year period. Such substantive evidence shall include a significant change in the proposed size, density or use, or new evidence which is brought to light.

I.

Any person aggrieved by the decision of the board of adjustment may seek judicial review of such decision, in the form prescribed by the Florida Appellate Rules, in the circuit court within thirty (30) days of the decision being appealed. The decision of the board of adjustment shall be considered the final administrative action and shall be subject to review based only upon the record established at the hearing before the board of adjustment.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020; Ord. No. 1665, § 2(Exh. A), 7-21-2022)

A.

The maximum allowable building height for all new construction is limited to forty-five (45) feet above crown of the abutting road, unless exempted as set forth below:

1.

No owners of structures destroyed or substantially damaged by explosion, fire, flood, wind, erosion, or other disaster shall be denied the right either to rebuild or to raze and rebuild to the same height in the same location.

2.

Where required to meet federal, state, or local law to provide a wash through or similar grade level passage for storm surges, existing buildings lost to a casualty event may be rebuilt to the existing height as previously provided plus up to the height of the wash through, if necessary to maintain the same density with the same habitable area or gross square footage.

3.

Where a parcel or a portion thereof has been assigned a FEMA base flood elevation, or another minimum elevation for construction of habitable space has been applied to a parcel pursuant to federal, state, or local law, the forty-five-foot building height limit shall be measured from the height of the base flood elevation or other minimum elevation, rather than the crown of abutting road.

4.

On all parcels, up to ten (10) feet of unoccupied building elements and attachments on the top of buildings shall not count toward the forty-five-foot building height limit.

5.

Residential and non-residential structures may be razed and rebuilt to their existing height as previously provided to the same extent as if they were lost to a casualty event.

6.

The city commission may grant a variance to individual parcels to allow new structures at a height greater than forty-five (45) feet, but in no event greater than seventy (70) feet (measured in accordance with section 4-40(A)(7)), upon petition and proof that the variance will not be contrary to the public interest when, owing to special conditions, a literal enforcement of this section would result in unnecessary hardship. To grant such a variance, the city commission must make findings of fact that the petitioner has met the legal standards for variance as set forth in this section, and the variance must be approved by a concurring vote of four (4) members of the city commission after due notice and public hearing. A request for variance will be considered after a written petition is submitted to the city commission indicating the grounds on which the variance is sought. After the petitioner has submitted a sufficient petition, the request must be scheduled for public hearing before the city commission as expeditiously as possible, and not earlier than thirty (30) days after the day of submission of a sufficient petition. Notice and hearing requirements for such variance shall be in accordance with the provisions for variance set forth in this section.

7.

The seventy (70) feet referenced in section 4-40(A)(6) shall be measured from the crown of the abutting road and measured to the top of the highest building element or attachment, except as set forth in this paragraph and as adjusted by administrative waiver. Any such administrative waiver shall be limited to unoccupied building elements and attachments only. Where a parcel or a portion thereof has been assigned a FEMA base flood elevation, or another minimum elevation for construction of habitable space has been applied to a parcel pursuant to federal, state, or local law, the seventy (70) feet referenced in section 4-40(A)(6) shall be measured from the height of the base flood elevation or other minimum elevation, rather than the crown of abutting road. Consistent with the provisions of the Comprehensive Plan, the seventy (70) feet limitation imposed by section 4-40(A)(6) shall not apply to wireless communication towers or lightning rods.

B.

Legal standards for variance for a building height to exceed forty-five (45) feet.

1.

In granting a variance governed by this section, the city commission shall make findings of fact based upon competent substantial evidence that the application for variance satisfies each of the following legal standards, which shall exclusively govern and be required for approval of a height variance by the city commission:

a.

Special conditions and circumstances (regardless of whether such special conditions and circumstances result from the actions of the applicant) exist with respect to the land, structure or building involved, including but not limited to unusual or extraordinary site conditions or location, which are not applicable to a majority of other lands, structures, or buildings within the city. Such special conditions and circumstances may include, but not be limited to:

i.

Advanced age and deteriorating conditions of existing buildings and structures on the land.

ii.

Substandard stormwater management systems associated with the land and existing buildings and structures on the land.

iii.

Substandard life safety systems associated with existing buildings and structures on the land.

iv.

Substandard energy conservation systems associated with existing buildings and structures on the land.

v.

Elevated incidence of crime associated with existing buildings and structures on the land.

vi.

Elevated fire or emergency medical service calls associated with existing buildings and structures on the land.

b.

As a result of such special conditions and circumstances, the literal interpretation and strict application of the forty-five-foot building height limit would result in an unnecessary hardship. Such unnecessary hardship may include but not be limited to:

i.

Depriving the applicant of rights commonly enjoyed by other properties within proximity to the proposed site, including but not limited to other properties with buildings exceeding forty-five (45) feet in height (regardless of when such buildings were authorized).

ii.

Impeding or disincentivizing the redevelopment of a parcel, where the redevelopment of such parcel would foreseeably ameliorate any blighted condition associated with the land and existing buildings and structures on the land, including but not limited to those conditions enumerated in section 4-40(B)(1)(a)(i) through (vi), and conditions similar thereto.

iii.

Impeding or disincentivizing the development or redevelopment of a parcel so as to result in a substantial economic loss to both the property owner and the city.

c.

The granting of the variance (while not necessarily the minimum variance necessary to make reasonable use of the land, building, or structure) is conditioned upon the restriction that residential areas (RS-1 and RM-1) shall be buffered by tiered heights from higher structures, with intervening rights of way or canals not considered buffers.

d.

The granting of the variance will be in harmony with the general purpose and intent of the LDC and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare, but rather enhances the public, economic, or social welfare of the community.

C.

Notice required for a variance to exceed forty-five (45) feet.

1.

Public notification in the following prescribed manner is required.

a.

U.S. Mail notification. Notice of the public meeting/hearing shall be mailed to property owners within three hundred (300) feet of the property for which the variance is requested at least ten (10) days prior to the date of the hearing. For this purpose, the owner of the property shall be deemed to be the person who is so shown on the most current tax rolls on file with the Brevard County property appraiser.

b.

Newspaper advertising. Notice of the public meeting/hearing shall be advertised by publication of a notice of hearing in a newspaper of general circulation, as defined by F.S. Chapter 50, at least ten (10) days prior to the date of the hearing.

c.

Notice posted on subject property. Notice signs shall be posted on the property. These signs must be visible from all streets, adjacent properties and waterways, and posted at least ten (10) days prior to the public meeting/hearing. Failure to post or removal of the sign by natural weather events or vandalism is not sufficient cause to require that the case be continued or not heard.

2.

Fees for required public notices to be paid by the applicant are as adopted from time to time by resolution or ordinance by the city commission.

3.

Failure of notice by U.S. mail or newspaper advertisement may not be cause to continue an application process unless such failed notice is determined by the city commission to be in any way intentional and in "bad faith", as determined on a case-by-case basis by the city commission, should these notices ever fail to be sent or advertised.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020; Ord. No. 1653, § 2(Exh. A), 3-18-2021)

A.

The maximum allowable density for all new construction is limited to ten (10) residential dwelling units per gross acre or twenty-eight (28) transient lodging rooms per gross acre, unless exempted as set for below:

1.

No owners of dwelling units destroyed or substantially damaged by explosion, fire, flood, wind, erosion, or other disaster shall be denied the right either to rebuild or to raze and rebuild to the same number of dwelling units in the same location.

2.

Residential and non-residential structures may be razed and rebuilt to their existing density as previously provided to the same extent as if they were lost to a casualty event.

3.

The city commission may grant a variance to individual parcels to allow new development at density greater than ten (10), but in no event greater than twelve (12), residential dwelling units per gross acre (except as specified in section 4-41 (A)(4)), or twenty-eight (28), but in no event greater than thirty (30), transient lodging rooms per gross acre upon petition and proof that the variance will not be contrary to the public interest when, owing to special conditions, a literal enforcement of this section would result in unnecessary hardship. To grant such a variance, the city commission must make findings of fact that the petitioner has met the legal standards for variance as set forth in this section, and the variance must be approved by a concurring vote of four (4) members of the city commission after due notice and public hearing. A request for variance will be considered after a written petition is submitted to the city commission indicating the grounds on which the variance is sought. After the petitioner has submitted a sufficient petition, the request must be scheduled for public hearing before the city commission as expeditiously as possible, and not earlier than thirty (30) days from the day of submission of a sufficient petition. Notice and hearing requirements for such variance shall be in accordance with the provisions for variance set forth in this section.

4.

In the City of Cocoa Beach Redevelopment Districts, on those parcels with an underlying zoning of Towncenter or Gateway (where transient lodging is otherwise a permitted or special exception use) as geographically depicted on the official zoning map as of July 21, 2022, the city commission may grant a variance to individual parcels to allow new development at a residential density greater than ten (10) units per gross acre but in no event greater than twenty-eight (28) units per gross acre. Any variance granted in accordance with this subsection shall require the execution of a development agreement containing conditions governing development, including a covenant prohibiting transient lodging and vacation rental uses. Any variance granted in accordance with this subsection shall also be subject to a condition of approval limiting the average square footage of residential units subject to the density variance within the project to no more than one thousand five hundred (1,500) square feet.

B.

Legal standards for variance for a density to exceed ten (10) residential or twenty-eight (28) transient units.

1.

In granting a variance governed by this section, the city commission shall make findings of fact based upon competent substantial evidence that the application for variance satisfies each of the following legal standards, which shall exclusively govern and be required for approval of a density variance by the city commission:

a.

Special conditions and circumstances (regardless of whether such special conditions and circumstances result from the actions of the applicant) exist with respect to the land, structure or building involved, including but not limited to unusual or extraordinary site conditions or location, which are not applicable to a majority of other lands, structures, or buildings within the city. Such special conditions and circumstances may include, but not be limited to:

i.

Advanced age and deteriorating conditions of existing buildings and structures on the land.

ii.

Substandard stormwater management systems associated with the land and existing buildings and structures on the land.

iii.

Substandard life safety systems associated with existing buildings and structures on the land.

iv.

Substandard energy conservation systems associated with existing buildings and structures on the land.

v.

Elevated incidence of crime associated with existing buildings and structures on the land.

vi.

Elevated fire or emergency medical service calls associated with existing buildings and structures on the land.

b.

As a result of such special conditions and circumstances, the literal interpretation and strict application of the density limit would result in an unnecessary hardship. Such unnecessary hardship may include but not be limited to:

i.

Depriving the applicant of rights commonly enjoyed by other properties within proximity to the proposed site, including but not limited to other properties with buildings exceeding the density limit (regardless of when such buildings were authorized).

ii.

Impeding or disincentivizing the redevelopment of a parcel, where the redevelopment of such parcel would foreseeably ameliorate any blighted condition associated with the land and existing buildings and structures on the land, including but not limited to those conditions enumerated in section 4-41(B)(1)(a)(i) through (vi), and conditions similar thereto.

iii.

Impeding or disincentivizing the development or redevelopment of a parcel so as to result in a substantial economic loss to both the property owner and the city.

c.

The granting of the variance (while not necessarily the minimum variance necessary to make reasonable use of the land, building, or structure) will be in harmony with the general purpose and intent of the LDC and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare, but rather enhances the public, economic, or social welfare of the community.

C.

Notice required for a variance for a density to exceed ten (10) residential or twenty-eight (28) transient units.

1.

Public notification in the following prescribed manner is required.

a.

U.S. Mail notification. Notice of the public meeting/hearing shall be mailed to property owners within three hundred (300) feet of the property for which the variance is requested at least ten (10) days prior to the date of the hearing. For this purpose, the owner of the property shall be deemed to be the person who is so shown on the most current tax rolls on file with the Brevard County property appraiser.

b.

Newspaper advertising. Notice of the public meeting/hearing shall be advertised by publication of a notice of hearing in a newspaper of general circulation, as defined by F.S. ch. 50, at least ten (10) days prior to the date of the hearing.

c.

Notice posted on subject property. Notice signs shall be posted on the property. These signs must be visible from all streets, adjacent properties and waterways, and posted at least ten (10) days prior to the public meeting/hearing. Failure to post or removal of the sign by natural weather events or vandalism is not sufficient cause to require that the case be continued or not heard.

2.

Fees for required public notices to be paid by the applicant are as adopted from time to time by resolution or ordinance by the city commission.

3.

Failure of notice by U.S. mail or newspaper advertisement may not be cause to continue an application process unless such failed notice is determined by the city commission to be in any way intentional and in "bad faith", as determined on a case-by-case basis by the city commission, should these notices ever fail to be sent or advertised.

(Ord. No. 1665, § 2(Exh. A), 7-21-2022)

Editor's note— Ord. No. 1665, § 2(Exh. A), adopted July 21, 2022, amended § 4-41 in its entirety to read as herein set out. Former § 4-41 pertained to petitions for a density to exceed ten residential or twenty-eight transient units and derived from Ord. No. 1649, § 2(Exh. A), adopted Oct. 1, 2020.

A.

Waivers from LDC regulations. Waivers of ten (10) percent or less to adopted LDC regulations, or to any degree of technical code requirements related to engineering materials, may be granted administratively by the administrator or by the city engineer with concurrence from the administrator, subject to procedures set forth herein. Waivers cannot be given administratively to height and density restrictions established by referendum, and they do not require notice.

Waiver: A grant of permission that authorizes an applicant to deviate from specific standards or provisions of these regulations. A waiver may be granted by the administrator, city manager, planning board, board of adjustment or the city commission, where and as specifically permitted throughout these LDC regulations. Any waiver shall not be contrary to the public health, safety or welfare, and may only be granted where a literal enforcement of these regulations would result in an undue hardship, due to conditions peculiar to the property and not the result of actions of the applicant. Waivers may not be requested or authorized for expansion of a nonconforming structure or use, or where otherwise prohibited

B.

Purpose and scope. Administrative waiver of ten (10) percent or less may be granted when such waiver will not create a life-safety issue, be contrary to the public interest, and where, owing to special conditions, a literal application and/or enforcement of the LDC regulations or technical code requirements would result in an undue hardship upon the property owner. Administrative waivers shall not be granted if it has the effect of nullifying the intent and purpose of these regulations, or the technical codes, and in no case shall a waiver be granted to permit the construction of structures, a part of any structure, or an attachment to any structure at a height greater than forty-five (45) feet above crown of the abutting road; provided however, that this restriction shall not prohibit the adjustment of the measurement of the seventy (70) feet referenced in section 4-40(A)(6) by administrative waiver. Further, in no case shall a waiver be granted to permit the construction of dwelling units greater than ten (10) dwelling units per acre for permanent occupancy dwellings or twenty-eight (28) units per acre for transient lodging establishments.

C.

Timeliness of filing; jurisdiction. An administrative decision regarding the waiver request must be completed within five (5) working days following the applicant's request.

1.

Staff must make written response to the applicant on whether the request was approved, approved with conditions, or denied and provide notice of appeal and further administrative process as set forth below; or,

2.

Inform applicant that a planning board or board of adjustment review and approval is required, depending upon the size and type of request submitted, since the request exceeds the ten (10) percent threshold.

D.

Application and findings of fact. Except as hereinafter provided, administrative waivers must not be granted unless and until a sufficient application is submitted, and staff can find that the criteria below have been met for the requested waiver, which demonstrates:

1.

That because of exceptional or extraordinary conditions or circumstances which exist, the strict application of these LDC regulations or technical code requirements would result in a peculiar, exceptional or undue hardship, as opposed to a mere inconvenience upon the property owner, an administrative waiver may be authorized, if it can be granted without destroying the intent of these LDC regulations or the technical codes in question.

2.

That the special conditions and circumstances do not result from the actions of the applicant.

3.

That the waiver would be the minimum waiver required in order to make possible the reasonable use of the land, buildings, and other improvements.

4.

That granting the waiver would be consistent with the Comprehensive Plan and in harmony with the general purpose and intent of these regulations, will not create a life-safety issue, be injurious to the surrounding neighborhood, or otherwise be detrimental to the public welfare.

Notwithstanding

any other provision in this section, applications for administrative waiver for the adjustment of the measurement of the seventy (70) feet referenced in section 4-40(A)(6) shall be governed exclusively by the criteria set forth in Section 4-40(B)(1)(a) through (d), provided however, that such administrative waivers shall nevertheless be subject to the ten (10) percent threshold set forth in this section.

E.

Conditions. Staff may prescribe appropriate conditions and safeguards to ensure that the purposes of the appropriate codes and regulations are adhered to, and the waiver is the minimum necessary to allow reasonable use of the land and improvements.

F.

Approval/denial. If the administrative waiver is denied, the decision is considered a denial without prejudice. With any approval, the applicant shall start and diligently pursue to completion the work required for the waiver within one (1) year of approval.

G.

Appeals. Applicants may choose to take a denied request for an administrative waiver to the board of adjustment to be heard as a regular variance, or they may make an appeal as provided for in chapter I, article VIII and article IX, as appropriate.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

A special exception is the use of a property which is not permitted "by right" but is only granted after approval by the board of adjustment when the use is listed as an allowable special exception use within the applicable zoning district; when the use has been determined to be compatible with the permitted uses on a property in a specific zoning district; and when the use is found not to be detrimental to the surrounding properties, businesses, traffic-flows or area, to the extent that such special exception is consistent with the Comprehensive Plan.

B.

The board of adjustment shall hear and vote on only such special exceptions as they are specifically authorized to consider by the terms of these LDC regulations.

C.

A request for a special exception shall only be considered when a sufficient application, including required fees, has been submitted.

D.

The applicant shall provide sufficient information to clearly illustrate that the request for a special exception is in harmony with the purpose and intent of the LDC regulations, and the granting of the request will not adversely affect the public interest.

E.

After receipt of a sufficient application, the request must be scheduled for public hearing in accordance with the requirements of section 4-44.

F.

In deciding the request for a special exception, the board may approve the request, approve the request with conditions, or deny the request.

G.

All approved special exceptions shall remain in effect unless and until the structure or use is changed, discontinued, or abandoned for six (6) consecutive months or for eighteen (18) months during a three-year period, except when such is caused by natural disaster or declared emergency. Future uses of the property shall be in compliance with zoning regulations and the special exception is no longer valid.

H.

Should the board of adjustment deny a case for a special exception, it shall not consider any further petition for the same case, on the same property, for a period of one (1) year from the date of denial. However, if substantive new evidence is supplied by the petitioner, the administrator is authorized to determine that such evidence warrants an early reapplication, and thereby waive the one-year period. Such substantive evidence shall include a significant change in the proposed size, density or use, or new evidence is brought to light.

I.

Any person aggrieved by the decision of the board of adjustment may seek judicial review of such decision, in the form prescribed by the Florida Appellate Rules, in the circuit court within thirty (30) days of the decision being appealed. The decision of the board of adjustment shall be considered the final administrative action and shall be subject to review based only upon the record established at the hearing before the board of adjustment.

J.

Within the Towncenter redevelopment district, the owner of a property subject to an approved special exception currently in effect may apply to the board of adjustment for a modification to the conditions of such special exception, notwithstanding the fact that such use is no longer currently allowed by special exception.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020; Ord. No. 1677, § 1, 6-15-2023)

A.

Notice required for a hearing before the board of adjustment.

1.

Public notification in the following prescribed manner is required.

a.

U.S. Mail notification. Notice of the public meeting/hearing shall be mailed to property owners within three hundred (300) feet of the property for which the hearing is requested at least ten (10) days prior to the date of the hearing. For this purpose, the owner of the property shall be deemed to be the person who is so shown on the most current tax rolls on file with the Brevard County property appraiser.

b.

Newspaper advertising. Notice of the public meeting/hearing shall be advertised by publication of a notice of hearing in a newspaper of general circulation, as defined by F.S. Chapter 50, at least ten (10) days prior to the date of the hearing.

c.

Notice posted on subject property. Notice signs will be posted on the property. If so posted, these signs must be visible from all streets, adjacent properties and waterways, and posted at least ten (10) days prior to the public meeting/hearing. Failure to post or removal of the sign by natural weather events or vandalism is not sufficient cause to require that the case be continued or not heard.

B.

Fees for required public notices to be paid by the applicant are as adopted from time to time by resolution or ordinance by the city commission.

C.

Failure of notice by U.S. mail or newspaper advertisement may not be cause to continue an application process unless such failed notice is determined by the city commission to be in any way intentional and in "bad faith", as determined on a case-by-case basis by the city commission, should these notices ever fail to be sent or advertised.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

All proposed amendments to the Comprehensive Plan, including those that would amend the future land use map, shall be adopted in compliance with the requirements of this section and F.S. Section 163.3184.

B.

Any requested text amendment to the Comprehensive Plan must consider whether or not the change is in compliance with the City Charter, Code of Ordinances and FSS.

C.

Any request for a future land use map amendment must take into consideration whether or not the change is compatible with existing or planned uses in the area or on surrounding properties.

D.

Citizen requests for an amendment to the Comprehensive Plan or future land use map shall require submittal of an application, supporting documentation and required fees prior to review.

E.

Any proposed amendment shall be reviewed by the Planning Board at one (1) or more publicly noticed public hearing, per the requirements of F.S. Section 163.3174. The board shall make a recommendation to the city commission regarding the proposed amendment.

F.

Adoption of any amendment to the comprehensive plan by the city commission shall be by ordinance, which requires two (2) public hearings noticed and advertised in accordance with F.S. Sections 163.3184 and 163.3187.

G.

Except as related to height or density, an affirmative vote of four (4) city commissioners shall be required for adoption of a comprehensive plan amendment.

H.

Adoption of an amendment to the comprehensive plan which proposes to increase the permissible building and structure height, or allowable development density or intensity, or both, shall require an affirmative vote of five (5) city commissioners.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)

A.

All proposed amendments to the zoning map designation of one (1) or more parcels shall be adopted in compliance with the requirements of this section.

B.

Citizen requests for amendments to the zoning map shall require submittal of an application, supporting documentation and required fees prior to review.

C.

Any request to amend the zoning map shall consider whether or not the change is in compliance with the City Charter, Comprehensive Plan, Code of Ordinances and FSS.

D.

All requests must consider whether or not the proposal is consistent with the densities, intensities and general uses within the area; whether the change will be compatible with existing or planned uses for surrounding properties; and whether or not the change will place an undue burden on utilities, transportation or emergency services.

E.

Any proposed amendment shall be reviewed by the planning board at one (1) or more publicly noticed public hearings. The board shall make a recommendation to the city commission regarding the proposal.

F.

Adoption of any amendments to the zoning map designation by the city commission shall be by ordinance, which requires two (2) public hearings noticed and advertised in accordance with F.S. Section 166.041.

G.

Adoption of an amendment to the zoning map shall be by ordinance.

(Ord. No. 1649, § 2(Exh. A), 10-1-2020)