Cocoa Beach moves to tighten special‑exception rules, bars board from increasing height or density

The Cocoa Beach City Commission on first reading advanced an ordinance to strengthen the factual criteria used in quasi‑judicial hearings for special exceptions and zoning map amendments, and amended the draft to prohibit the Board of Adjustment from using special exceptions to increase base height or density limits.

David Dickey, the city’s development services director, told commissioners the proposed ordinance would add eight to nine factual criteria aimed at ensuring decisions are based on ‘‘competent substantial evidence’’ rather than emotion or unsupported conjecture. ‘‘We’re trying to create a framework for our boards and the commission to make decisions based on facts,’’ Dickey said.

Residents raised specific concerns during public comment. Marie Pearce urged the commission to consider environmental impacts and compatibility in canals near the Banana River Preserve, citing manatee injuries and warning about large pontoon boats and potential overnight docking. Pearce recommended stronger oversight of the Board of Adjustment.

Commissioners discussed how the new criteria would be used to assess compatibility (hours of operation, setbacks, buffers, noise, lighting, refuse and other measurable factors) and agreed additional training for citizen board members and clearer staff recommendations would reduce guesswork. The commission adopted an amendment, requested by multiple members, to insert explicit language clarifying that special exceptions cannot be used to circumvent existing height, density or intensity limits in the code.

The amendment was approved unanimously, and the commission advanced Ordinance 1714 on first reading with the amendment. Commissioners directed staff and the city attorney’s office to craft the precise legal language for the second reading and to provide board training materials outlining the new criteria.

The ordinance and the amendment are intended to make quasi‑judicial decisions more defensible in the event of legal challenge by ensuring the record contains measurable, fact‑based findings rather than primarily opinion testimony.

The ordinance will return for a subsequent reading with the drafted amendment language included.