HomeMy WebLinkAboutSupplement 21 Lipie SUPPLEMENT NO.21
November 2012
CODE OF ORDINANCES
City of
CAPE CANAVERAL, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at this
time through:
Ordinance No. 13-2012, adopted September 18, 2012.
See the Code Comparative Table for further information.
Included in the Charter is:
Ordinance No. 11-2011,adopted October 18, 2011.
Election Date of January 31, 2012.
See the Charter Comparative Table for further information.
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TABLE OF CONTENTS
Page
Officials of the City at the Time of this Codification iii
Preface v
Adopting Ordinance ix
Checklist of Up-to-Date Pages [1]
Supplement History Table SH:1
PART I
CHARTER
Charter CHT:1
Art. I. Powers of the City CHT:3
Art. II. City Council CHT:4
Art. III. City Manager CHT:8
Art. IV. Departments, Offices and Agencies CHT:8
Art. V. Financial Management CHT:9
Art. VI. Elections CHT:11
Art. VII. General Provisions CHT:14
Art. VIII. Charter Amendment CHT:14
Art. IX. Transition and Severability CHT:15
Charter Comparative Table—Laws of Florida CHTCT:1
Charter Comparative Table—Ordinances CHTCT:3
PART II
CODE OF ORDINANCES
Chapter
Subpart A. General Ordinances CD1:1
1. General Provisions CD1:1
2. Administration CD2:1
Art. I. In General CD2:5
Art. II. City Council CD2:5
Div. 1. Generally CD2:5
Div. 2. Compensation CD2:7
Div. 3. Meetings CD2:7
Art. III. Officers and Employees CD2:12
Div. 1. Generally CD2:12
Div. 2. City Manager CD2:12
Div. 3. City Clerk CD2:13
Div. 4. City Attorney CD2:13
Live, Div. 5. Reserved CD2:14
Div. 6. Reserved CD2:14
Supp.No. 21 xi
CAPE CANAVERAL CODE
Chapter Page
Art. IV. Boards, Committees, Commissions CD2:14
Div. 1. Generally CD2:14
Div. 2. Reserved CD2:14.4
Art. V. Finance CD2:14.4
Div. 1. Generally CD2:14.4
Div. 2. Purchasing CD2:14.8
Div. 3. Impact Fees CD2:16
Art. VI. Code Enforcement CD2:19
Div. 1. Generally CD2:19
Div. 2. Code Enforcement Board CD2:19
Div. 3. Code Enforcement Citations CD2:21
Div. 4. Criminal Nuisance Abatement Board CD2:26
Art. VII. Travel Reimbursement Policies and Proce-
dures CD2:26
3-5. Reserved CD3:1
6. Alcoholic Beverages CD6:1
Art. I. In General CD6:3
Art. II. Operation of Establishments CD6:3
Art. III. Possession and Consumption CD6:4
Div. 1. Generally CD6:4
Div. 2. Motor Vehicles CD6:4
7-9. Reserved CD7:1
10. Amusements and Entertainments CD10:1
Art. I. In General CD10:2.1
Art. II. Amusement Device Code CD10:2.1
Art. III. Outdoor Entertainment Events CD10:2.1
Div. 1. Generally CD10:2.1
Div. 2. Permit CD10:4
Art. IV. Sexually Oriented Business and Adult Enter-
tainment Establishments CD10:6
Art. V. Slot Machines or Devices CD10:45
11-13. Reserved CD11:1
14. Animals CD14:1
Art. I. In General CD14:3
Art. II. County Animal Control Ordinance CD14:3
Art. III. Sea Turtles CD14:3
15. Reserved CD15:1
16. Businesses CD16:1
Art. I. In General CD16:3
Art. II. Solicitors, Peddlers and Itinerant Merchants CD16:3
Div. 1. Generally CD16:3
Div. 2. Permit CD16:3
Art. III. Motion and Still Photography Production Per-
mits CD16:5
17. Reserved CD17:1
Supp. No. 21 Xii
TABLE OF CONTENTS—Cont'd.
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Chapter Page
18. Civil Emergencies CD18:1
19-21. Reserved CD19:1
22. Community Development CD22:1
Art. I. In General CD22:3
Art. II. Business and Economic Development BoardCD22:3
Art. III. Community Appearance Review CD22:4
23-25. Reserved CD23:1
26. Elections CD26:1
27-29. Reserved CD27:1
30. Emergency Services CD30:1
Art. I. In General CD30:3
Art. II. Alarm Systems CD30:3
31-33. Reserved CD31:1
34. Environment CD34:1
Art. I. In General CD34:3
Art. II. Litter CD34:3
Div. 1. Generally CD34:3
Div. 2. Handbills CD34:5
Div. 3. Reserved CD34:6
Art. III Property Maintenance Standards CD34:6
Art. IV. Weeds and Dead Vegetation CD34:11
Art. V. Noise CD34:13
Art. VI. Abandoned Property CD34:14
Art. VII. Lights CD34:19
App. A. Diagram CD34:20
35. Reserved CD35:1
36. Fair Housing CD36:1
Art. I. In General CD36:3
Art. II. Discriminatory Practices CD36:6
37. Reserved CD37:1
38. Fire Prevention and Protection CD38:1
Art. I. In General CD38:3
Art. II. Fire Prevention Codes CD38:6
Art. III. Fire Department CD38:7
Art. IV. Fireworks CD38:8
Art. V. Hazardous Materials and Substances CD38:9
39. Reserved CD39:1
40. Human Relations CD40:1
Art. I. In General CD40:3
Art. II. Reserved CD40:3
41. Reserved CD41:1
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CAPE CANAVERAL CODE
Chapter Page
42. Law Enforcement CD42:1
Art. I. In General CD42:3
Art. II. Police Department CD42:3
43-45. Reserved CD43:1
46. Library CD46:1
Art. I. In General CD46:3
Art. II. Library Board CD46:3
47-49. Reserved CD47:1
50. Offenses and Miscellaneous Provisions CD50:1
51-53. Reserved CD51:1
54. Parks and Recreation CD54:1
Art. I. In General CD54:3
Art. II. Culture and Leisure Services Board CD54:5
Art. III. Vessel Control and Water Safety CD54:6
55-57. Reserved CD55:1
58. Planning CD58:1
Art. I. In General CD58:3
Art. II. Planning and Zoning Board CD58:3
Art. III. Local Planning Agency CD58:4
59-61. Reserved CD59:1
62. Solid Waste CD62:1
63-65. Reserved CD63:1
66. Streets, Sidewalks and Other Public Places CD66:1
Art. I. In General CD66:3
Art. II. Streets CD66:5
Div. 1. Generally CD66:5
Div. 2. Abandonment CD66:5
Art. III. Excavations CD66:6
Div. 1. Generally CD66:6
Div. 2. Permit CD66:7
67-69. Reserved CD67:1
70. Taxation CD70:1
Art. I. In General CD70:3
Art. II. Public Service Tax CD70:3
Art. III. Local Business Tax CD70:6
71-73. Reserved CD71:1
74. Traffic and Vehicles CD74:1
Art. I. In General CD74:3
Art. II. Trucks CD74:3
Art. III. Stopping, Standing, Parking CD74:4
75-77. Reserved CD75:1
Supp. No. 21 xiv
TABLE OF CONTENTS—Cont'd.
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Chapter Page
78. Utilities CD78:1
Art. I. In General CD78:3
Art. II. Sanitary Sewer System CD78:3
Div. 1. Generally CD78:3
Div. 2. Industrial and Commercial Use CD78:5
Subdiv. I. In General CD78:5
Subdiv. II. Building Sewers and Connections CD78:11
Subdiv. III. Discharges CD78:13
Subdiv. IV. Rates and Charges CD78:20
Div. 3. Impact Fees CD78:21
Art. III. Service Rates,Deposits and Billing Procedures CD78:23
Art. IV. Reclaimed Water CD78:25
Div. 1. Generally CD78:25
Div. 2. Installation and Inspection of the Reclaimed
Water System CD78:26
Art. V. Stormwater Management CD78:28
Div. 1. Generally CD78:28
Div. 2. Fees and Taxes CD78:31
Div. 3. Administration CD78:35
79. Reserved CD79:1
80. Vehicles for Hire CD80:1
Art. I. In General CD80:3
Art. II. Certificate of Public Convenience and Necessity,
License CD80:4
Art. III. Driver's Permit CD80:5
Art. IV. Regulations CD80:7
81. Reserved CD81:1
Subpart B. Land Development Code CD82:1
82. Buildings and Building Regulations CD82:1
Art. I. General Administrative CD82:3
Art. II. Building Code CD82:7
Art. III. Unsafe Building Abatement Code CD82:8
Art. IV. Coastal Construction Code CD82:9
Art. V. Registration and Maintenance of Properties in
Foreclosure CD82:9
Art. VI. Reserved CD82:13
Art. VII. Reserved CD82:13
Art. VIII. Reserved CD82:13
Art. IX. International Property Maintenance Code CD82:13
Art. X. Reserved CD82:14
Arts. XI—XIII. Reserved CD82:11
Art. XIV Numbering of Buildings and Property CD82:14
Art. XV Citations; Unlicensed Contractors; Failure to
Obtain Building Permit CD82:15
Art. XVI. Temporary Storage Units CD82:17
‘1111180e' 83-85. Reserved CD83:1
Supp.No. 21 xv
CAPE CANAVEILAI.CODE
Chapter Page
86. Concurrency Management System CD86:1
Art. I. In General CD86:3
Art. II. Transportation Facility Proportionate Fair-
Share Mitigation Program CD86:11
87-89. Reserved CD87:1
90. Floods CD90:1
Art. I. In General CD90:3
Art. II. Flood Damage Prevention CD90:3
Div. 1. Generally CD90:3
Div. 2. Administration CD90:7
Div. 3. Flood Hazard Reduction CD90:10
Art. III. Floodplain Protection CD90:15
Art. IV. Stormwater Management CD90:17
Div. 1. Generally CD90:17
Div. 2. Permit CD90:20
Div. 3. Performance Standards CD90:22
Div. 4. Design Standards CD90:24
Div. 5. Maintenance CD90:26
91. Landscape Irrigation CD91:1
92, 93. Reserved CD92:1
94. Signs CD94:1 ',um)
Art. I. In General CD94:3
Art. II. Permits and Inspection CD94:10
Art. III. Size, Location and Construction CD94:13
Div. 1. Generally CD94:13
Div. 2. Types of Signs CD94:15
Div. 3. District Regulations CD94:18
95-97. Reserved CD95:1
98. Subdivisions CD98:1
Art. I. In General CD98:3
Art. II. Plats and Lot Splits CD98:7
Div. 1. Generally CD98:7
Div. 2. Preapplication CD98:8
Div. 3. Preliminary Plat CD98:8
Div. 4. Final Plat CD98:11
Div. 5. Lot Splits CD98:13
Art. III. Construction CD98:13
Div. 1. Generally CD98:13
Div. 2. Permit CD98:13
Div. 3. Inspections; Certificate of Completion CD98:14
Art. IV. Improvements CD98:15
Div. 1. Generally CD98:15
Div. 2. Design Standards CD98:18
99-101. Reserved CD99:1
Supp. No. 21 xvi
TABLE OF CONTENTS-Cont'd.
Chapter Page
102. Vegetation CD102:1
Art. I. In General CD102:3
Art. II. Tree Protection CD102:3
Div. 1. Generally CD102:3
Div. 2. Land Clearing CD102:3
103-105. Reserved CD103:1
106. Waterways CD106:1
Art. I. In General CD106:3
Art. II. Wetlands Protection CD106:3
107-109. Reserved CD107:1
110. Zoning CD110:1
Art. I. In General CD110:9
Art. II. Procedure; Land Use Decisions CD110:18
Div. 1. Generally CD110:18
Div. 2. Rezonings CD110:21
Div. 3. Variances CD110:23
Div. 4. Special Exceptions CD110:24
Div. 5. Administrative Appeals CD110:25
Art. III. Administration and Enforcement CD110:26
Div. 1. Generally CD110:26
Lire Div. 2. Permits CD110:27
Div. 3. Certificate of Occupancy CD110:28
Div. 4. Reserved CD110:29
Art. IV. Special Exceptions CD110:29
Div. 1. Generally CD110:29
Div. 2. Alcoholic Beverages CD110:29
Art. V. Nonconformities CD110:31
Art. VI. Site Plans CD110:37
Art. VII. Districts CD110:40
Div. 1. Generally CD110:40
Div. 2. R-1 Low Density Residential District CD110:42
Div. 3. R-2 Medium Density Residential District CD110:44
Div. 4. R-3 Medium Density Residential District CD110:46
Div. 5. C-1 Low Density Commercial District CD110:46.3
Div. 6. M-1 Light Industrial and Research and De-
velopment District CD110:46.7
Div. 7. Townhouses CD110:46.12
Div. 8. C-2 Commercial/Manufacturing District CD110:46.13
Art. VIII. Residential Planned Unit Developments CD110:46.17
Div. 1. Generally CD110:46.17
Div. 2. Development Plans CD110:49
Div. 3. Land Use Regulations CD110:56
Art. IX. Supplementary District Regulations CD110:59
Div. 1. Generally CD110:59
Div. 2. Offstreet Parking CD110:71
Div. 3. Offstreet Loading CD110:73
Div. 4. Home Occupations CD110:73
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CAPE CANAVERAL CODE
Chapter Page
Div. 5. Setbacks CD110:74
Div. 6. Vehicles and Vessels CD110:75
Div. 7. Landscaping and Vegetation CD110:79
Div. 8. Swimming Pools CD110:80
Art. X. A1A Economic Opportunity Overlay District CD110:81
Div. 1. Generally CD110:81
Div. 2. Administration CD110:87
Div. 3. Site Planning CD110:88
Div. 4. Architectural Guidelines CD110:91
Div. 5. Parking CD110:96
Div. 6. Landscaping CD110:97
Div. 7. Signage CD110:100
Art. XI. Planned Developments CD110:102
Div. 1. Generally CD110:102
Div. 2. Planned Development Plans CD110:105
111-114. Reserved CD111:1
115. Vested Rights CD115:1
Art. I. In General CD115:3
A. Franchises CDA:1
Art. I. Cable Television Franchise CDA:3
Art. II. Electric CDA:14
Art. III. Gas Franchise Agreement CDA:17
Art. IV. Telephone CDA:28
Art. V. Water CDA:31
B. Schedule of Fees CDB:1
Code Comparative Table—Laws of Florida CCT:1
Code Comparative Table-1981 Code CCT:3
Code Comparative Table—Ordinances and Resolutions CCT:9
State Law Reference Table SLT:1
Charter Index CHTi:1
Code Index CDi:1
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Supp. No. 21 xviii
LiveChecklist of Up-to-Date Pages
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From our experience in publishing Looseleaf Supplements on a page-for-page
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The following listing is included in this Code as a ready guide for the user to
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In addition to assisting existing holders of the Code, this list may be used in
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SUPPLEMENT HISTORY TABLE
The table below allows users of this Code to quickly and accurately determine what ordinances have
been considered for codification in each supplement. Ordinances that are of a general and permanent
nature are codified in the Code and are considered "Includes." Ordinances that are not of a general and
permanent nature are not codified in the Code and are considered "Omits."
In addition,by adding to this table with each supplement,users of this Code of Ordinances will be able
to gain a more complete picture of the Code's historical evolution.
Include/
Ord.No. Date Adopted Omit Supp,No.
Supp.No 20
2009-19(Res.) 9- 1-09 Include 20
2010-05(Res.) 3- 2-10 Include 20
10-2010 9- 7-10 Omit 20
2010-22(Res.) 10-19-10 Include 20
12-2010 10-19-10 Include 20
13-2010 10-19-10 Include 20
14-2010 1221-10 Include 20
Charter 11- 2-10 Include 20
16 2010 11 4-10 Include 20
17-2010 11-16-10 Include 20
18-2010 12-21-10 Include 20
19-2010 12-21-10 Include 20
2010-34(Res.) 12-21-10 Include 20
01-2011 4-19-11 Include 20
02-2011 5-17-11 Include 20
03-2011 5-17-11 Include 20
04-2011 6-21-11 Include 20
05-2011 8-16-11 Include 20
Sapp. No. 21
01-2008 3-18-08 Include 21
06-2011 10-18-11 Include 21
08-2011 9-20-11 Include 21
09-2011 10-18-11 Include 21
10-2011 10-18-11 Include 21
11-2011 10-18-11 Include 21
2011-29(Res.) 11-15-11 Include 21
13-2011 12-20-11 Include 21
15-2011 12-20-11 Include 21
01-2012 2-21-12 Include 21
02-2012 3-20-12 Include 21
2012-05(Res.) 4-17-12 Include 21
2012-06(Res.) 4-17-12 Include 21
Litio, 04-2012 4-17-12 Include 21
Supp.No. 21 SH:1
CAPE CANAVERAL CODE
Include/
Ord.No. Date Adopted Omit Supp. No
05-2012 4-17-12 Include 21
06-2012 4-17-12 Include 21
07-2012 5-15-12 Include 21
2012-08(Res.) 5-15-12 Include 21
08-2012 6-19-12 Include 21
09-2012 6-19-12 Include 21
10-2012 7-17-12 Include 21
11-2012 7-17-12 Include 21
12-2012 7-17-12 Omit 21
13-2012 9-18-12 Include 21
3
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Supp.No. 21 SH:2
CHARTER §2.09
(1110Moe
Nothing in the section shall be construed to (c) Filling of vacancies. Upon occurrence of a
prohibit the city council from selecting any cur- vacancy on the city council, the city council, by a
rent or former council member to represent the majority vote of all its remaining members, shall
city on the governing board of any regional or appoint a qualified person to fill the vacancy until
other intergovernmental agency. the vacancy is filled at the next general election.
(b) Appointments and removals. Neither the Said appointment shall occur within 90 days of
the vacancy. At the next general election, the
city council nor any of its members shall in any vacant position shall be filled by a vote of the
manner control or demand the appointment or electors for the remainder of the original term.
removal of any city administrative officer or em Any councilmember so elected shall take office
ployee whom the city manager or any subordinate immediately upon election at the next scheduled
to the city manager is empowered to appoint, but city council meeting.Notwithstanding the require-
the city council may express its views and fully ments in section 2.11(c), if at any time the mem-
and freely discuss with the city manager anything bership of the city council is reduced to less than
pertaining to appointment and removal of such four, the remaining members may, by majority
offices and employees. action, appoint additional members to raise the
(c) Interference with administration. Except for membership to five.
the purposes of inquiries and investigations un- (Ord. No. 11-2011, § 1, 10-18-11; approved at
der section 2.09, the city council or its members referendum, 1-31-12)
shall deal with city officers and employees who
are subject to the direction of the supervision of Sec. 2.07 Judge of qualifications.
the city manager solely through the city manager,
and neither the city council nor its members shall The city council shall be the judge of the
give orders to any such officer or employee, either qualifications of its members, and of the grounds
publicly or privately. for forfeiture of their office. In order to exercise
these powers, the city council shall have power to
Sec. 2.06 Vacancies; forfeiture of office; fill- subpoena witnesses, administer oaths and re-
ing of vacancies. quire the production of evidence.A member charged
with conduct constituting grounds for forfeiture of
(a) Vacancies. The office of a council member office shall be entitled to a public hearing on
shall become vacant upon the member's death, demand, and notice of such hearing shall be
resignation, or removal from office or forfeiture of published in one or more newspapers of general
office in any manner authorized by law. circulation in the city at least one week in ad-
vance of the hearing.
(b) Forfeiture of office. A council member shall
forfeit that office if the council member:
Sec. 2.08 City clerk.
(1) Fails to meet the residency requirements
or fails to possess the qualifications of The city manager shall appoint an officer of the
registered voters, city who shall have the title of city clerk. The city
clerk shall give notice of city council meetings to
(2) Violates any express prohibition of this its members and the public, keep a journal of its
Charter, proceedings and perform such other duties as are
(3) Is convicted of a crime involving moral assigned by this Charter or by the city council or
turpitude, or by the state law.
(4) Fails to attend three consecutive regular Sec. 2.09 Investigations.
meetings of the city council or more than
30 percent of all meetings of the city The city council may make investigations into
council held annually, without being ex- the affairs of the city and the conduct of any city
cused by resolution duly adopted by the department, office or agency and for this purpose
city council. may subpoena witnesses, administer oaths, take
Supp.No.21 CHT:5
§2.09 CAPE CANAVERAL CODE
testimony,and require the production of evidence. (2) Provide for a fine or other penalty or
Failure or refusal to obey a lawful order issued in establish a rule or regulation for violation
the exercise of these powers by the city council of which a fine or other penalty is im-
shall be a misdemeanor punishable by a fine of posed;
not more than $500.00, or by imprisonment for (3) Grant, renew or extend a franchise;
not more than 60 days or both.
(4) Regulate the rate charged for its services
Sec. 2.10 Independent audit. by a public utility;
The city council shall provide for an indepen- (5) Authorize the borrowing of money;
dent annual audit of all city accounts consistent
with the requirements of Florida law and may (6) Convey or lease or authorize the convey
provide for more frequent audits as it deems ance or lease of any lands of the city;
necessary. (7) Regulate land use and development;
Sec. 2.11 Procedure. (8) Amend or repeal any ordinance previ-
ously adopted; or
(a) Meetings. The city council shall meet regu-
larly at least once in every month at such times (9) Adopt, with or without amendment ordi
and places as the city council may prescribe by nances proposed under the initiative power.
rule. Special meetings may be held on the call of Acts other than those referred to in the preced-
three or more members and, whenever practica- ing sentence may be done either by ordinance or
ble, upon no less than 12 hours' notice to each by resolution.
member. Except as allowed by state law, all meet-
ings shall be public. Sec. 2.13 Ordinances in general.
(b) Rules and journal. The city council shall (a) Form. Every proposed ordinance shall beJ
determine its own rules and order of business and introduced in writing and in the form required for
shall provide for keeping a journal of its proceed- final adoption. No ordinance shall contain more
ings. This journal shall be a public record. than one subject,which shall be clearly expressed
(c) Voting. Voting, except on procedural mo- in its title. The enacting clause shall be "The City
tions, shall be by roll call and the ayes and nays of Cape Canaveral hereby ordains..." Any ordi-
shall be recorded in the journal. Three members nance which repeals or amends an existing ordi-
of the city council shall constitute a quorum,but a nance or part of the City Code shall set out in full
smaller number may adjourn from time to time the ordinance, sections or subsections to be re-
and may compel the attendance of absent mem- pealed or amended, and shall indicate matters to
bers in the manner and subject to the penalties be omitted by enclosing them in brackets or by
prescribed by the rules of the city council. No strikeout type and shall indicate new matters by
action of the city council, except as otherwise underscoring or by italics.
provided in the preceding sentence, in section
2.06(c) and section 2.14 shall be valid or binding
unless adopted by the affirmative vote of three(3)
or more members of city council.
Sec. 2.12 Action requiring an ordinance.
In addition to other acts required by law or by
specific provision of this Charter to be done by
ordinance,those acts of the city council shall be by
ordinance which:
(1) Adopt or amend any administrative code
or establish, alter, or abolish any city
department, office, or agency.
Supp. No. 21 CHT:6
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CHARTER COMPARATIVE TABLE
ORDINANCES
This table shows the location of any ordinances amending the Charter.
Ordinance Adoption Election Section
Number Date Date Section this Charter
6- 2-70 Art. I,§ 5
Art. III,§4
Art. IV, § 1
Art. IV, §3
Art.V, §2
Art.V, §4
6- 6-72 Art.XXI,§2
11- 2-82 Art. III, §4
11- 8-83 Art. III, §2
Art.VIII,§ 1
Art.XI§ 1
Art.XV, § 1
11- 5-85 Art.XIV, §4
11- 3-92 Art.XXIV, §8
14-89 10-17-89 1 Art. III, § 1
11-93 6-15-93 1 Art. I,§ 2
38-93 10-19-93 1 Art. I,§5
2,3 Art. III,§ 1,
Art. III,§2
4 Art. III,§4
5 Art. IV,§ 1
6 Art. IV,§3
7 Art.V,§ 1
8 Art.XXI,§2
30-94 8- 2-94 1 Art. III, §3
34-94 9-20-94 2 Art.XXIV, §8
23-98 7- 7-98 11-98 2 Art. III,§4
11- 2-10 Rpld Art. I,§ 1—
Art.XXIV, § 14
Added Art. I,§ 1.01—
Art. IX,§9.04
11-2011 10-18-11 1-31-12 2 2.06(c)
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Chapter 2
ADMINISTRATION*
Article I. In General
Secs. 2-1-2-25. Reserved.
Article II. City Council
Division 1. Generally
Sec. 2-26. Elections.
Sec. 2-27. Uncontested elections.
Sec. 2-28. Code of conduct.
Secs. 2-29-2-40. Reserved.
Division 2. Compensation
Sec. 2-41. Established for councilmembers other than mayor.
Sec. 2-42. Established for mayor.
Secs. 2-43-2-55. Reserved.
Division 3. Meetings
Sec. 2-56. Regular meetings.
Sec. 2-57. Special meetings.
Sec. 2-58. Workshop meetings.
Sec. 2-59. Preparation of ordinances and resolutions prior to meeting.
Sec. 2-60. Preparation and notice of agenda.
Sec. 2-61. Parliamentary procedure.
Sec. 2-62. Presiding officer.
Sec. 2-63. Sergeant at arms.
Sec. 2-64. Call to order;quorum;roll call.
Sec. 2-65. Minutes.
Sec. 2-66. Consideration of matters before council.
Sec. 2-67. Adoption of motion.
Sec. 2-68. General discussion.
Sec. 2-69. Adjournment.
Sec. 2-70. Eminent domain powers.
Secs. 2-71-2-90. Reserved.
Article III. Officers and Employees
Division 1. Generally
Secs. 2-91-2-100. Reserved.
Division 2. City Manager
Sec. 2-101. Powers and duties.
Sec. 2-102. Deputy city manager.
Secs. 2-103-2-115. Reserved.
Loe *Cross references-Administration of the flood damage prevention requirements, § 90-46 et seq.; administration and
enforcement of the zoning regulations,§ 110-86 et seq.
Supp. No. 21 CD2:1
CAPE CANAVERAL CODE
Division 3. City Clerk
Sec. 2-116. Duties.
Secs. 2-117-2-125. Reserved.
Division 4. City Attorney
Sec. 2-126. Duties.
Sec. 2-127. Attendance at council meetings.
Secs. 2-128-2-140. Reserved.
Division 5. Reserved
Secs. 2-141-2-150. Reserved.
Division 6. Reserved.
Secs. 2-151-2-170. Reserved.
Article IV Boards,Committees,Commissions
Division 1. Generally
Sec. 2-171. Uniform procedures and requirements.
Sec. 2-172. Code of conduct.
Secs. 2-173-2-180. Reserved.
Division 2. Reserved J
Secs. 2-181-2-205. Reserved.
Article V. Finance
Division 1. Generally
Sec. 2-206. Quarterly report of income and expenditures.
Sec. 2-207. Personal property control.
Sec. 2-208. Creation of fund balance/retained earnings reserves.
Sec. 2-209. Utilization of surplus reserves.
Sec. 2-210. Replenishment of reserve deficits.
Sec. 2-211. Annual review.
Secs. 2-212-2-215. Reserved.
Division 2. Purchasing
Sec. 2-216. Definitions.
Sec. 2-217. Purpose.
Sec. 2-218. Procedure.
Sec. 2-219. Open market purchase procedures.
Sec. 2-220. Sole source.
Sec. 2-221. Emergency purchase.
Sec. 2-222. Cooperative purchasing.
Sec. 2-223. Prohibition against subdivision.
Sec. 2-224. Blanket purchase orders.
Sec. 2-225. Availability of funds.
Sec. 2-226. Prohibition of interest.
Secs. 2-227-2-230. Reserved.
Supp.No. 21 CD2:2
ADMINISTRATION
Division 3. Impact Fees
Sec. 2-231. Levy and purpose.
Sec. 2-232. Exemptions.
Sec. 2-233. Schedule.
Sec. 2-234. Payment.
Sec. 2-235. Partial waiver authorized.
Sec. 2-236. Capital expansion trust funds.
Sec. 2-237. Capital expansion plans.
Secs. 2-238-2-245. Reserved.
Article VI. Code Enforcement
Division 1. Generally
Secs. 2-246-2-255. Reserved.
Division 2. Code Enforcement Board
Sec. 2-256. Created.
Sec. 2-257. Membership.
Sec. 2-258. Duties;responsibilities;powers.
Sec. 2-259. Prosecution of violations with no criminal penalty.
Sec. 2-260. Application for satisfaction or release of code enforcement liens.
Secs. 2-261-2-279. Reserved.
Division 3. Code Enforcement Citations
‘11111110/' Sec. 2-280. Intent and purpose.
Sec. 2-281. Definitions.
Sec. 2-282. Authorization of citation program.
Sec. 2-283. Applicable codes and ordinances;class violation.
Sec. 2-284. Training of code enforcement officers.
Sec. 2-285. Citation powers;personal investigation;reasonable cause.
Sec. 2-286. Violation;penalties;general.
Sec. 2-287. Citation issuance procedure.
Sec. 2-288. Citation form.
Sec. 2-289. Payment of penalty;court hearings.
Sec. 2-290. Authorization to enter upon property.
Sec. 2-291. Classes of violations and penalties.
Division 4. Criminal Nuisance Abatement Board
Sec. 2-292. Purpose and intent.
Sec. 2-293. Establishment; membership; meetings;definitions.
Sec. 2-294. Powers.
Sec. 2-295. Criminal nuisances established;violations.
Sec. 2-296. Enforcement procedures;notice;hearing.
Sec. 2-297. Penalties;fines;liens;recording.
Sec. 2-298. Appeal.
Sec. 2-299. Reserved.
Article VII. Travel Reimbursement Policies and Procedures
Sec. 2-300. Reimbursement policy and procedures for official travel.
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ADMINISTRATION §2-28
Lape:
ARTICLE I. IN GENERAL tions resulting from vacancies of unexpired terms
does not exceed the number of positions to be
Secs. 2-1-2-25. Reserved. filled by the election, a general election shall not
be held and each candidate shall take office for a
ARTICLE II. CITY COUNCIL* full term. If the number of candidates qualifying
for an election which includes city council posi-
tions resulting from vacancies of unexpired terms
DIVISION 1. GENERALLY does not exceed the number of positions to be
filled by the election, each candidate shall file
Sec. 2-26. Elections. with the city clerk within ten days after the close
All powers and duties of the city specified in of the qualifying period specified in section 26-3 a
the City Charter in the general laws of the state designation which specifies whether the term
are vested in the city council. The city council is sought by the candidate is a full term or unex-
comprised of five members who are elected at pired term of a vacancy. If such designations by
large by the registered electors of the city. Two all candidates do not produce an excess of candi-
members are elected each year to three-year dates seeking full terms or vacant terms over the
terms, except on every third year only one mem respective number of full terms or vacant terms,a
ber, who is also the mayor, is elected to a three- general election shall not be held and candidates
year term. Further, should any general election shall take office in accordance with results of the
include the election of a council person due to a designations. If a candidate fails to make the
vacancy in that office pursuant to article II, sec- designation in the time above stated, the candi-
tion 2.06,of the Charter,then the unexpired term date shall be deemed to have made a designation
shall be filled by the candidate receiving the for a full term.
Loy` third-greatest number of votes, or the second- (Ord. No. 35 93, § 2(231.02), 10-19-93)
greatest number of votes in third-year elections
involving only the mayor. Should more than one Sec. 2-28. Code of conduct.
vacancy be filled at the election,then those receiv-
ing the greatest number of votes shall be declared In addition to adhering to the requirements of
elected for the longest terms. state law, all councilmembers shall commit to the
(Code 1981, § 231.01; Ord. No. 35-93, § 1(231.01), following code of conduct by written affirmation,
10-19-93; Ord. No. 01-2011, § 2, 4-19-11) which shall remain on file with the city clerk, as
Charter references—Filling of vacancies,§2.06;election follows:
of council members,§6.03.
Cross reference—Elections,ch. 26. (a) I affirm that the proper statutory and City
Charter role of a councilmember, as with
Sec. 2-27. Uncontested elections. any elected member of a legislative body,
If the number of candidates qualifying for an is to act collectively, not individually, to
election which does not include city council posi- set and/or revise and/or to apply the city's
governing policies and that the city man-
*Charter references—General powers and duties,§2.01; ager and staff administer such policies.
composition,eligibility,terms, §2.02; mayor, §2.03;compen-
sation,expenses,§2.04;prohibitions,§2.05;vacancies,forfei- (b) I understand that a councilmember does
ture of office,filling of vacancies,§2.06;judge of qualifications, not manage the affairs of the city. I will
§ 2.07; city clerk, § 2.08; investigations, § 2.09; independent
audit,§2.10;procedure,§2.11;action requiring an ordinance, not intrude into daily operations or spheres
§ 2.12; ordinances in general, § 2.13; emergency ordinances, of responsibility designated by Florida
§ 2.14; codes of technical regulations, § 2.15; authentication Statutes, City Code, and City Charter to
and recording,codification,printing of ordinances and resolu- the city manager as the chief executive
tions,§2.176. officer; or undermine the city manager's
Cross reference—The mayor or city manager in the case lawful authority. Further, I understand
of the absence of the mayor,or any available councilmember in
‘1M0f. the absence of the mayor and city manager, may declare a that the city manager is responsible for
state of emergency, § 18-2. administering the policy direction estab-
Supp.No.21 CD2:5
§2-28 CAPE CANAVERAL CODE
lished by a majority vote of the city coun- (h) I will devote adequate time for prepara-
cil and not the policy wishes of one indi- tion prior to city council meetings and as
vidual councilmember. much as possible, I will be in attendance
at such meetings and all other scheduled
(c) I will represent the interests of the entire events where my participation is re-
city when making decisions and will rely quired.
upon available facts and my independent
judgment. In my capacity as a (i) I will respect diversity and encourage the
councilmember, I will avoid conflicts of open expression of divergent ideas and
interest and avoid using my official posi- opinions from fellow city councilmembers,
tion for personal,professional,or partisan city manager, city attorney, staff, citizens
gain. of Cape Canaveral, and city utility cus-
tomers. I will listen actively and objec-
(d) I will demonstrate dignity, respect, and tively to others' concerns or constructive
courtesy toward those whom I am in con- criticisms.
tact with in my capacity as a
councilmember. I will refrain from intim- (j) I will refrain from any individual action
idation and ridicule of fellow that could compromise lawfully autho-
councilmembers, city manager, city attor rized decisions of the city or the integrity
ney, staff, citizens of the city, and city of the city and my fellow councilmembers.
utility customers. I will delineate clearly for any audience
whether I am acting or speaking as an
(e) In my capacity as a councilmember, I will individual citizen or in my capacity as a
refrain from inappropriate language in- representative of the city.
eluding statements that are malicious, (k) I will maintain in confidence any privi-
threatening, slanderous, disparaging, leged or confidential information provided
mean spirited, vulgar or abusive. All dis-
to me by the city and will not disclose such
agreements, concerns or criticisms shall information publicly or to any person who
be framed in language that is in keeping has not been duly authorized by the city
with the dignity and professionalism of an to receive such information, unless such
elected official and the honor of the city disclosure is duly authorized by the city
council. council or city manager or required by
(f) I will focus on solving problems. I will law. In addition, I will refrain from copy-
maintain appropriate decorum and pro ing any written privileged or confidential
fessional demeanor in the conduct of city documents provided to me by the city and
business and work cooperatively and con- will keep such documents in safekeeping.
scientiously with others as I request or Further, upon leaving office or upon re
receive information,examine data or weigh quest by the city council or city manager,
I will return to the city any privileged or
alternatives in the decision-making pro
cess. confidential documents or materials pro-
vided to me by the city while serving on
(g) I will demonstrate patience and refrain the city council.
from demanding, interruptive access to
staff or immediate responses or services (1) I will abide by all laws of the state appli
cable to my conduct as a councilmember,
when requesting information that re including, but not limited to, the Govern-
quires significant staff time in research, ment in the Sunshine Law, the Florida
preparation or analysis or that will result Code of Ethics for Public Officers,and city
in staff neglect of urgent duties. Such rules of procedure and codes of conduct.
requests will be made through the city
manager for scheduling and prioritizing (m) I will promote constructive relations in a
through consensus of the city council. positive climate with all city employees,
Supp. No. 21 CD2:6
ADMINISTRATION §2-57
city attorney, and city contractors and Secs. 2-29-2-40. Reserved.
consultants consistent with my role as a
councilmember, as a means to enhance DIVISION 2. COMPENSATION*
the productivity and morale of the city. I
will support the city manager's decision to Sec. 2-41. Established for councilmembers
employ the most qualified persons for other than mayor.
staff positions. I will recognize the bona
fide achievements of the city manager, The compensation for the members of the city
staff, city attorney, city contractors and council other than the mayor shall be $2,400.00
consultants, business partners, and other per year.
sharing in, and striving to achieve, the (Code 1981, § 311.02; Ord. No. 30-94, § 2, 8-2-94)
city's mission.
Sec. 2-42. Established for mayor.
(n) I will enhance my knowledge and ability
to contribute value to the city as a The compensation for the mayor shall be
councilmember by keeping abreast of is- $3,200.00 per year.
sues and trends that could affect the city (Code 1981, § 311.01; Ord. No. 30-94, § 2, 8-2-94)
through reading,continuing education and
training. I will study policies and issues Secs. 2-43-2-55. Reserved.
affecting the city, and will attend training
programs if required by the city. My con- DIVISION 3. MEETINGS'
tinuing goal will be to improve my perfor-
mance as a councilmember. Sec. 2-56. Regular meetings.
(o) I will value and assist my fellow The city council shall hold regular meetings on
councilmembers by exchanging ideas,con- the third Tuesday of each month at 6:00 p.m. The
cerns, and knowledge through lawful city council may, on an as-needed basis, begin its
means of communication.I will help build regular meetings prior to 6:00 p.m.When the day
positive community support for the city's fixed for any regular meeting falls upon a day
mission and the policies established by designated by law as a legal national holiday,
the city council. such meeting will not be held. Regular meetings
(p) I will support and advocate for my beliefs, may be otherwise postponed,canceled or resched-
uled by consensus of the city council. All regular
but will remain open to understanding meetings shall be held in the place as designated
the views of others. I recognize that I by a majority of the council in open session.
share in the responsibility for all city (Code 1981, § 271.02; Ord. No. 24-93, § 1(271.02),
decisions and will accept the will of duly 8-17-93; Ord. No. 10-2009, § 2, 9-15-09; Ord. No.
authorized decisions of the city council 01 2011, § 2, 4-19-11; Ord. No. 10 2012, § 2,
and city electorate. 7-17-12)
(q) I understand that my first priority as a
councilmember will always be to look out Sec. 2-57. Special meetings.
for the best interests of the citizens of the (a) A special meeting of the city council may be
city and the public health, safety and initiated by any of the following means:
welfare. I will seek to provide appropriate
leadership that nurtures and motivates (1) By an affirmative vote of a majority of the
city citizens to be stakeholders in the city council pursuant to the Charter, arti-
affairs and achievements of the city. cle II, section 2.11.
(r) I will be accountable to the city council for *Charter reference—Compensation,§ 2.04.
¶Charter reference—Meetings and other procedures,
violations of this code of conduct. §2.11.
Lie (Ord. No. 09-2011, § 2, 10-18-11) State law reference—Public meetings,F.S.ch. 286.
Supp.No. 21 CD2:7
§2-57 CAPE CANAVERAL CODE
(2) By serving the city manager or the city city website. Minutes of the workshop meeting
clerk notice in writing and signed by a shall be prepared and distributed to council mem-
majority of the city council. The clerk hers.
shall immediately give verbal or written (Code 1981, § 271.04; Ord. No. 23-93, § 1(271.04),
notice to each member of the council, 8-17-93; Ord. No. 26-95, § 1, 11-9-95; Ord. No.
stating the date and hour of the meeting 04-2002, § 3, 3-19-02; Ord. No. 01-2011, § 2,
and the purpose for which such meeting is 4-19-11)
called, and no other business shall be
enacted at that meeting. The clerk in the Sec. 2-59. Preparation of ordinances and res-
notice of a special meeting initiated in olutions prior to meeting.
this manner shall allow at least 24 hours
to elapse between the call of the meeting All ordinances and resolutions prepared shall
and the date and hour of the meeting. have a permanent reference number assigned
Notice shall be posted at city hall and on prior to consideration by the council at any regu-
the city website. lar meeting.A copy of the ordinance or resolution
for adoption at the regular meeting is furnished
(3) By verbal notice to the city clerk or the in the council agenda packet.
city manager by a majority of the city (Code 1981, § 271.05(D); Ord. No. 04-2002, § 4,
council whenever an emergency exists 3-19-02; Ord. No. 01 2011, § 2, 4-19-11)
Cross references—City clerk, § 2-116 et seq.;city attor-
which requires immediate action by the
council. The clerk shall immediately at—
tempt to give notice to each member of the
council stating the hour of the meeting Sec. 2-60. Preparation and notice of agenda.
and the purpose for which such meeting is (b) All items to be placed on the agenda mustJ
called, and no other business shall be be initiated by a member of the city council, the
enacted at that meeting. If, after reason- city attorney, city clerk, city manager, or depart-
able diligence, it is impossible to give ment director.
notice to each councilmember, such fail-
ure shall not affect the legality of the (c) All items to be placed on the agenda must
meeting. be filed with the city clerk the Wednesday two
weeks prior to the council meeting.Agenda pack-
(b) All special meetings shall be held in the ets shall be distributed to council members the
city hall or such other place as designated by a Tuesday one week prior to the council meeting.
majority of the council in open session and shall (d) Public notice of the agenda for all meetings
be open to the public and the press. shall be served by posting the agenda in a con-
(Code 1981, § 271.03; Ord. No. 04 2002 §§ 1, 2, spicuous place at city hall and on the city website
3-19-02; Ord. No. 01-2011, § 2, 4-19-11; Ord. No. the Tuesday one week preceding the meeting.
01 2011, § 2, 4-19-11)
(Code 1981, § 271.06(A)—(C), (E); Ord. No. 04-
2002, § 5, 3-19-02; Ord. No. 01-2011, § 2, 4-19-11)
Sec. 2-58. Workshop meetings.
Sec. 2-61. Parliamentary procedure.
Workshop meetings may be called to informally Except as may be provided in the Charter or in
discuss matters relating the [to] city business. this division, questions of order, the methods of
Workshop meetings shall be held in the place so organization and the conduct of business of the
designated by council to be the locations of work- council shall be governed by Robert's Rules of
shop meetings and shall be open to the public and Order, Newly Revised, in all cases to which such
press.Notice of workshop meetings shall be posted rules are applicable.
24 hours in advance at the city hall and on the (Code 1981, § 271.01)
Supp.No. 21 CD2:8
ADMINISTRATION §2-66
‘1111101e
Sec. 2-62. Presiding officer. mayor pro tem, the temporary presiding officer
shall relinquish the chair upon the conclusion of
The presiding officer of the council is the mayor. the business immediately before the council.
The council shall annually elect a mayor pro tern (Code 1981, § 271.13; Ord. No. 04-2002, § 6,
at the first regular meeting after the day of the 3-19-02)
general city election and the mayor pro tern shall
preside over the council in the absence of the Sec. 2-65. Minutes.
mayor. The mayor shall assume the chair as
presiding officer at the next regular meeting after The minutes of the previous regular meeting of
his or her election. The presiding officer shall the city council shall be adopted by reference.The
preserve strict order and decorum at all meetings city clerk shall have available a copy of such
of the council. A majority vote of the members minutes at least 24 hours preceding the next
present shall govern and conclusively determine regular meeting. There shall be copies of the
all questions of order if a parliamentary decision minutes available for the citizens to examine at
by the presiding officer is challenged. the city council meeting. The minutes of the
(Code 1981, § 271.07; Ord. No. 39-93, § 1, 10-19- meeting shall be approved or corrected by a
93; Ord. No. 01-2011, § 2, 4-19-11) majority of the members present and upon such
approval shall become the official minutes.
Sec. 2-63. Sergeant at arms. (Code 1981, § 271.14; Ord. No. 04-2002, § 7,
3-19-02; Ord. No. 01-2011, § 2, 4-19-11)
The sergeant at arms shall be present at reg- Cross reference—City clerk,§2-116 et seq.
ular council meetings when so requested by any
member of the city council or by the city manager. Sec. 2-66. Consideration of matters before
(killiftref (Code 1981, § 271.12) council.
Sec. 2-64. Call to order; quorum; roll call. (a) The city council shall not take action upon
' q any matter which is not listed upon the official
(a) The presiding officer of the city council agenda, unless a majority of the councilmembers
shall take the chair at the hour appointed for the present have first consented to the presentation of
meeting and shall immediately call the council to the matter for consideration and action.
order. In the absence of the mayor and the mayor
pro tem,any councilmember may call the meeting (b) All items of business shall be considered in
to order at the appointed hour. accordance with the agenda. Any motion shall
then be appropriate. Except as prohibited by law,
(b) In a regular or special meeting before pro- where discussion is not anticipated on an item,
ceeding with the business of the council, the city the city manager may add such item to the
clerk or his designee shall call the roll of the consent agenda. The city council may approve en
members in alphabetical order, and the names of masse all or some items on the consent agenda by
those present shall be entered in the minutes. one motion and vote. Any councilmember may
request that an item be removed from the consent
(c) If a quorum of three is not present at the agenda. Upon such request, the item will be
roll call, no further business shall be transacted removed from the consent agenda and considered
and a recess shall be automatic for a period of 30 immediately following the vote to approve the
minutes or until a quorum is in attendance, remaining consent agenda items unless placed
whichever shall first occur. If a quorum is not in elsewhere on the agenda by council vote. Discus-
attendance at the end of the 30-minute recess,the sion on consent agenda items will only be permit-
meeting shall be automatically adjourned. ted on items removed from the consent agenda.
(d) In the absence of the mayor and the mayor (c) When a motion is presented and seconded,
pro tem and a quorum is present,the first order of the motion belongs to the city council as a body for
(itiove business shall be the election of a temporary consideration and disposition unless withdrawn
presiding officer. Upon arrival of the mayor or by unanimous consent of the city council. While
Supp. No.21 CD2:9
§2-66 CAPE CANAVERAL CODE
the motion is under consideration, no motion the minutes and, unless further time is granted
shall be received thereafter until the motion is by the council because the complexity of the
decided,except as authorized under Robert's Rules relevant issue raised requires additional consid-
of Order including a motion to adjourn, to recess, eration by the council, shall limit his or her
to lay on the table,to postpone or to amend.These address to five minutes. No person other than
motions shall have preference in the order in councilmembers and the person having the floor
which they are mentioned and the motions to shall be permitted to enter into any discussion
adjourn, to recess and to lay on the table shall be either directly or through a member of the council
decided without debate.Final action upon a pend- without the permission of the presiding officer.No
ing motion may be deferred by a majority vote of question shall be asked of councilmembers, the
the members present to a date certain or if a date city manager,city attorney,or staff except through
certain is not provided in the motion, until the the presiding officer. Councilmembers, the city
next regular meeting. manager, city attorney, and staff are not required
to respond directly to persons addressing the
(d) The presiding officer may move,second and council, but may respond in the discretion of the
debate from the chair, subject only to such limi council or as required by law.
tations of debate as are imposed by this division
upon all members, and the presiding officer shall (h) Any person making impertinent or slander-
not be deprived of any of the rights and privileges ous remarks or who becomes boisterous while
of a councilmember because of his being the addressing the council shall be barred from fur-
presiding officer. ther audience before the council by the presiding
(e) Every councilmember desiring to speak for officer, unless permission to continue or again
any purpose shall confine himself or herself to the address the council is granted by the majority of
question under debate, avoiding all personalities the council.
and indecorous language. A member once recog- (i) Members of the city council shall have the
nized shall not be interrupted when speaking privilege of closing debate ("call the question")on
unless the interruption shall be to call the any pending motion by obtaining a minimum of
councilmember to order or as otherwise provided two-thirds vote of the city council.
in this division.
(j) Disruptive behavior by members of the au-
(f) Any citizen or interested party present at
dience including, but not limited to, fighting,
the meeting may orally petition the presiding yelling,throwing or launching projectiles,audible
officer to address the council on issues that are use of electronic devices, and causing loud noises
being considered by the city council. Permission is strictly prohibited.
may be granted only after a showing that the
subject matter is relevant to the business under (k) Councilmembers shall abide by all applica-
consideration and is significantly informative to ble voting conflict laws.With respect to disclosure
the council, unless the matter under consider- of voting conflicts, councilmembers shall disclose
ation is a public hearing item. In which case, the known conflicts in accordance with law,provided,
citizen or interested party shall be heard when however,said disclosure shall be no later than the
the mayor or presiding councilmember opens the time that the council first considers the agenda
floor for the public hearing. If such citizen or item in which the voting conflict exists. If the
interested party is speaking as an authorized voting conflict is not discovered until the agenda
representative, such person shall also advise the item is under consideration, disclosure shall be
council of the name of the person,group,business, required at such time the councilmember becomes
or organization being represented. aware of the voting conflict.
(g) Each person addressing the council shall be (1) It shall be the responsibility of any person
required to speak from the podium or at such deciding to appeal any decision made by the city
other city designated speaker location, shall give council with respect to any matter considered at a
his or her name and address in an audible tone for public hearing under this section to ensure that a
Supp. No. 21 CD2:10
ADMINISTRATION §2-68
‘1111110e
verbatim record of the proceedings is made,which hour for the purpose of a question-and-answer
record shall include the testimony and evidence session during which any person from the audi-
upon which any such appeal is to be based. ence may direct questions concerning city busi-
(m) The city council shall afford minimum due ness or affairs to any member of the council or
process regarding quasijudicial matters in accor-
dance with law. The city council may establish requirements set forth in section 2-66 shall apply.
detailed written procedures for handling In addition, the following other requirements
quasijudicial matters to the extent deemed neces- shall apply:
sary to afford minimum due process.Disclosure of (a) If it appears that a matter presented by a
ex parte communications by city councilmembers
during quasijudicial proceedings shall be in accor speaker during general discussion is ad
dance with the procedures and requirements set ministrative in nature, and the question
forth in F.S.§286.0115,which are hereby adopted or matter raised can be adequately an-
in their entirety. swered or addressed by the city manager
or administrative staff, the city council
(n) The mayor or the presiding councilmember may request, upon consensus or proper
shall enforce the rules adopted under this section. motion and majority vote,that the speaker
Any person in violation of any of the rules shall refer the matter to the city manager or his
first be given a warning of the violation. Any designee during normal city business hours.
subsequent violations shall be cause for removal If such a referral is made by the city
from the chambers by the sergeant of arms or council, the speaker shall have no further
designee for the remainder of the city council right to present that matter at the meet-
meeting by order of the mayor, the presiding ing. If the speaker is not adequately sat-
councilmember or a majority of the city council. isfied by the city's administrative staff
Notwithstanding, the mayor, the presiding upon proper referral, the speaker shall
councilmember or a majority of the city council have the right to bring the matter in
may order the immediate removal of any person question before the city council during the
from the city council chambers that poses a threat general discussion portion of any subse-
to property or life safety. quent regular city council meeting.
(Code 1981, § 271.15; Ord. No. 39-93, § 3, 10-19-
93; Ord. No. 09-2011, § 2, 10-18-11) (b) The city council recognizes that the gen-
eral discussion portion of the meeting is
Sec. 2-67. Adoption of motion. for the purpose of legitimate inquiries and
Upon cessation of discussion or if called, the discussion by the public and not for the
motion before the city council shall be restated by purpose of advancing questions, argu-
the presiding officer.Each councilmember shall be ments or repetitious questions concerning
called in alphabetical order according to last matters which the city council believes to
name and shall verbally state "for" or "against" be closed, privileged and confidential, or
the motion. The city clerk shall record the vote of not of general public concern to the city.
each councilmember both in the minutes and Further, it is not appropriate to address
upon the resolution or ordinance. The presiding quasi-judicial and public hearing items
officer shall declare the status of the motion after under general discussion.The city council
a vote has been taken. shall have the right during general dis-
(Code 1981, § 271.16) cussion to decline to hear any person or
State law reference—Voting conflicts of interest, F.S. any subject matter upon consensus or
§ 112.3143. proper motion and majority vote by the
Sec. 2-68. General discussion. city council.
(Code 1981, § 271.17; Ord. No. 10-2009, § 2,
Every regular meeting of the city council shall 9-15-09; Ord. No. 01 2011, § 2, 4-19-11; Ord. No.
include a period of time limited to one-quarter 09-2011, § 2, 10-18-11)
Supp.No. 21 CD2:11
§2-69 CAPE CANAVERAL CODE
Sec. 2-69. Adjournment. DIVISION 2. CITY MANAGERt
Sec. 2-101. Powers and duties.
A motion to adjourn the meeting of the city
council shall always be in order and shall be The city manager shall have the following
decided without debate. City council meetings powers and duties:
shall adjourn no later than 10:00 p.m. The city (1) Provide sustained administrative leader-
council may extend the meeting by super-major- ship and coordination of staff and board
ity vote of the city council present at the time of activities in carrying out the acts and
adjournment required by this section. directives of the city council,through over-
(Code 1981, § 271.18; Ord. No. 10-2009, § 2, all supervision and coordination. In this
9-15-09) capacity, he coordinates the activities of
staff and boards to ensure that adequate
information and recommendations in im-
portant areas are expeditiously consid-
Sec. 2-70. Eminent domain powers.
ered by the staff and boards and brought
promptly to the attention of the council.
Notwithstanding the United States Supreme (2) Review with the council and with heads of
Court's decision in Kelo v. City of New London, the several boards and offices the pro-
125 S. Ct. 2655 (2005), and any other authority grams and projects of the city and make
under Florida law, the city council shall not exer- recommendations thereon as may be nec-
cise the power of eminent domain solely for eco- essary to administer the city most effec-
nomic development purposes.Any exercise of such tively in the public interest.
power shall be declared void ab initio. (3) Assist the mayor in carrying out the ad-
(Ord. No. 14-2005, § 2, 9-6-05) ministrative and executive responsibili-
ties delegated to the mayor and, in con-
nection with these responsibilities,to plan,
direct,coordinate and manage the admin-
Secs. 2-71-2-90. Reserved. istrative affairs of the council.
(4) Prepare and submit the annual budget to
the city council.
ARTICLE III. OFFICERS AND
EMPLOYEES* (5) Appoint and, when deemed necessary for
the good of the service,suspend or remove
all city employees and appointive admin-
DIVISION 1. GENERALLY istrative officers provided for by and un-
der the Charter, except as otherwise pro-
vided by law, the Charter or personnel
rules. The city manager may authorize
Secs. 2-91-2-100. Reserved. any administrative officer who is subject
to the city manager's direction and super-
vision to exercise these powers with re-
spect to subordinates in that officer's de-
*Charter references—City council,art.II;city manager, partment, office or division.
art. III;departments,offices and agencies, §§4.01-4.05.
Cross references—Purchasing procedure,§2-216 et seq.; tCharter reference—Appointment by city council, art.
the mayor or city manager in the case of the absence of the III.
mayor,or any available councilmember in the absence of the Cross reference—The mayor or city manager in the case
mayor and city manager, may declare a state of emergency, of the absence of the mayor,or any available councilmember in
§ 18-2; fire department, § 38-56 et seq.; police department, the absence of the mayor and city manager, may declare a
§42-26 et seq. state of emergency, § 18-2.
'No)
Supp. No. 21 CD2:12
ADMINISTRATION §2-140
(6) Direct and supervise the administration DIVISION 4. CITY ATTORNEY'
of all departments,offices and divisions of
the city,except as provided by the Charter Sec. 2-126. Duties.
or by law.
(7) Perform such other duties as are specified The city attorney has the duties and responsi-
in the Charter or as may be required by bilities to:
the city council.
(Code 1981, § 231.11) (1) Advise and represent the city council in
matters of litigation.
Sec. 2-102. Acting city manager. (2) Advise and make recommendations to the
By letter filed with the city clerk, the city city council with respect to proposed leg-
manager shall designate a qualified administra-
tive officer of the city to exercise the powers and council views on proposed or current state
perform the duties of city manager during the city or federal law.
manager's temporary absence or disability. Dur- (3) Interpret state or federal law.
ing extended absence or disability of the city
manager, the city council may revoke such desig- (4) Prepare and make recommendations and
nation at any time and appoint another adminis- interpretations concerning procedural
trative officer of the city to serve until the city rules; prepare ordinances and resolutions
manager shall return. on request of the city council and city
(Code 1981, § 231.13; Ord. No. 03-2002, § 1, boards; and review all ordinances for con-
3-19-02; Ord. No. 01-2011, § 2, 4-19-11) sistency, uniformity and legal sufficiency.
(1111111001Cross reference—City clerk, §2-116 et seq.
(5) Conduct research in legal matters as di-
Secs. 2-103-2-115. Reserved. rected by the council.
(6) Perform all legal functions with respect to
DIVISION 3. CITY CLERK* leases, contracts, tort claims and such
other internal legal problems as may arise.
Sec. 2-116. Duties.
(7) Directly administer and supervise the units
The city clerk has the duties and responsibili-
of the office.
ties to: (Code 1981, § 231.31)
(1) Pursuant to F.S. § 119.021 and the Char- Charter reference—Duties,art.VII,§2.
ter, be custodian of all public records of
the city, as defined in F.S. § 119.011, and Sec. 2-127. Attendance at council meetings.
the seal of the city.
(2) Be secretary of the council and perform The city attorney or the assistant city attorney
those duties specified in the council rules in his absence shall be available to the city council
of procedure. at all meetings,unless excused by the council. He
shall act as parliamentarian at all meetings and
(3) Directly administer and supervise the units shall advise and assist the presiding officer in
of the office. matters of parliamentary law.
(Code 1981, § 231.21(A), (B), (E)) (Code 1981, § 271.11)
Secs. 2-117-2-125. Reserved.
Secs. 2-128-2-140. Reserved.
*Charter reference—City clerk,§2.08.
Cross references—Preparation of ordinances and resolu- tCharter reference—Appointment and duties,§4.03.
L tions,§2-59; minutes of the city council meeting, § 2-65;the Cross reference—Preparation of ordinances and resolu-
city clerk may be appointed deputy city manager,§2-102. tions,§2-59.
Supp.No. 21 CD2:13
§2-141 CAPE CANAVERAL CODE
DIVISION 5. RESERVED* (b) Definitions. As used in this section, the
terms or phrases listed in this subsection shall
have the following meaning:
Secs. 2-141-2-150. Reserved.
(1) Registered voter shall mean a person duly
registered to vote in city elections at all
DIVISION 6. RESERVEDt times while serving on a board or commit-
tee.
Secs. 2-151-2-170. Reserved. (2) Resident shall mean any person living
within the city limits at all times while
serving on a board or committee, and at
ARTICLE IV. BOARDS, COMMITTEES, least 12 months prior to being nominated,
COMMISSIONS$ elected or appointed to the board or com-
mittee.
DIVISION 1. GENERALLY (3) Business owner shall mean any person
who possesses the exclusive right to hold,
Sec. 2-171. Uniform procedures and require- use, benefit from, enjoy, convey, transfer,
ments. and otherwise dispose of an asset or prop-
erty of a business located within the city,
(a) Purpose and intent; conflicts. The purpose or a designated employee of that business.
and intent of this section is to enhance the pub (c) Requirements of board and committee mem-
lic's respect and confidence in the municipal ser bers. Any person nominated, elected or appointed
vices delegated to, and performed by, city boards
and committees and to ensure that decisions of to serve on a board or committee of the city shall
boards and committees are in the best interests of satisfy the following requirements:
the city. The purpose of this section is also to (1) Complete a board or committee applica-
establish uniform and consistent procedures and tion as prescribed by the city council;
requirements for establishing and/or abolishing
boards and committees, and appointing and re- (2) Consent to a standard criminal back
moving members thereof,and for conducting board ground check, at the discretion of the city
and committee business. council;
(3) Be a resident and registered voter, or
To the extent any provision of this section con- business owner, as defined by this section
flicts with any other provision of this Code, it is unless the city council by unanimous vote
the intent of the city council that the provisions of waives this requirement upon a determi-
this section shall prevail. To the extent the provi- nation that a vacancy on a board or com-
sions of this section are preempted by state or mittee must be filled by a person with
federal law, it is the intent of the city council that specialized skills and training and a res-
the provisions of state or federal law shall prevail. ident and registered voter, or a business
*Editor's note—Ord. No. 01-2011, § 2, adopted April 19, owner, with such skills and training can
2011, repealed div. 5, which pertained to city treasurer and not be reasonably found to fill the va-
derived from Code 1981,§231.41(D)—(F). cancy. If said requirement is waived, the
tEditor's note—Ord. No. 01-2011, § 2, adopted April 19, vacancy shall only be filled by a person
2011, repealed div. 6, which pertained to city engineer and who is a resident of the city or who owns
derived from Code 1981,§231.51(A),(B).
*Cross references—Code enforcement board, § 2-256 et a business or real property within the
seq.; commercial development board, § 22-26 et seq.; library city;
board, § 46-26 et seq.; recreation board, § 54-26 et seq.;
planning and zoning board, § 58-26 et seq.; local planning (4) Have never been convicted or found guilty,
agency,§58-56 et seq.;zoning board of adjustment,§110-26 et regardless of adjudication, of a felony in
seq. any jurisdiction, unless their civil rights
Supp. No. 21 CD2:14
ADMINISTRATION §2-171
cave
have been restored. Any plea of nolo (g) Absences. Any board or committee member
contendere shall be considered a convic- incurring five consecutive absences from any reg-
tion for purposes of this paragraph; and ularly scheduled meeting of the board or commit-
(5) Complete interviews with the board or tee, or seven absences from any meeting of the
committee on which the person is seeking board or committee within a 12-month period,
appointment and with the city council. (starting with the last absence and counting back-
ward), shall be deemed automatically removed
(d) Limitation on number of nonresidents serv- from the respective board or committee in which
ing on boards and committees. Notwithstanding the absences have occurred.Any meeting which is
the foregoing, there shall be no more than two cancelled,other than for a lack of a quorum, shall
voting board or committee members not satisfy- not be counted for purposes of determining absen-
ing both the residency and registered voter re- teeism.Absences which occurred prior to the date
quirements allowed to be appointed or elected to a of reappointment of any board or committee mem-
particular board or committee,with the exception ber shall not be counted toward automatic re-
of the business and economic development board, moval. However, if any board or committee is
of which only two of the board members are regularly scheduled to meet less than once per
required to be residents. month, a board or committee member shall be
automatically removed if the member fails to
(e) Appointment and removal of members. All attend 40 percent of the regularly scheduled meet-
persons shall be appointed to, and removed from ings within a 12-month period.
city boards and committees by majority vote of
the city council and by resolution, unless other- (h) Compensation. All board and committee
wise provided in this section. Board and commit- members shall serve without compensation, ex-
tee members shall serve at the pleasure of the city cept as provided in the City Code for per diem
Lre council and may be summarily removed at any subsistence and travel allowances for official travel.
time with or without cause.A board or committee
appointment shall not be construed as creating or (i) Chairmanships. Each board and committee
conferring,upon any person, any right or interest shall be responsible to elect, by majority vote of
in serving on a board or committee including,but the members of each board or committee, a chair-
not limited, to a contract, liberty, property or person and vice-chairperson. The election shall
vested right. occur annually at the first meeting held in Janu-
ary, unless there is no January meeting, then the
(f) Term. All board and committee members next meeting held. All newly established boards
shall be appointed to serve a three-year term and and committees shall make such elections at their
may be reappointed by the city council for one first regularly held meeting and then annually as
additional three-year term. There shall be no stated above. Alternate members (as provided
limit on the total number of terms a board or below) shall not be elected to positions of chair-
committee member may serve, except no person person or vice-chairperson. All meetings shall be
shall be appointed to more than two consecutive as regularly scheduled and at the call of the chair
terms on the same board or committee unless no and at such other times as a majority of the
other qualified applicants submit applications seek- members of any board or committee may deter-
ing appointment.Notwithstanding,the city coun- mine
cil may appoint a member to a term of less than
three years in order to stagger the terms of the (j) Rules and procedures. The city council may
entire board or committee. If a member is re- adopt and amend,from time to time by resolution,
moved, or vacates their appointment for any general and quasi-judicial rules and procedures
reason, including death, excessive absence, or for boards and committees. All boards and com-
resignation, prior to the expiration of their term, mittees shall at all time comply with the general
the city council may at its discretion appoint an rules and procedures, and when applicable, the
cre individual to serve the remaining portion of the quasi-judicial rules and procedures. A board or
unexpired term. committee may adopt additional rules and proce-
Supp.No. 21 CD2:14.1
§2-171 CAPE CANAVERAL CODE
dures provided that such rules or procedures are alternate member. The next appointed alternate
supplementary in nature and not inconsistent member shall be designated as the second alter-
with the rules and procedures adopted by the city nate board member.
council and any federal, state, or local law. Any In the absence of a regular member from an
rule or procedure adopted by the board or corn-
official board meeting, the first alternate board
mittee may be amended or repealed by the city member shall assume all duties of the absent
council. regular board member, including the right to vote
(k) Quorum; board actions. A majority of the on any matter before the board at the meeting. If
members of each board or committee shall consti two or more regular board members are absent
tute a quorum. The affirmative vote of the major from an official board meeting the second alter-
ity present shall be necessary for any board nate member shall assume all duties of the absent
actions; provided, however, it shall take three regular member, including the right to vote on
affirmative votes to pass or approve any action, any matter before the board at the meeting.
unless a super-majority is otherwise required by In the absence of the first alternate board mem-
local, state or federal law. ber from an official board meeting, the second
alternate board member shall act in the place of
(1) Public meetings; minutes. All meetings of the absent first alternate, including the right to
boards or committees shall be open to the public. vote on matters before the board at that meeting
The city manager shall designate a secretary, for if a regular member is absent at the meeting.
each board or committee, whose duties shall in-
clude keeping minutes of all the meetings of the (n) Ad hoc committees. The city council may
board or committee and recording the actions create by resolution,from time to time,temporary
and/or recommendations of each board or commit- ad hoc committees to serve a limited purpose.The
tee, including showing the vote of each member resolution may exempt the committee from all or J
upon each question or if absent or failing to vote part of the requirements of this section.
indicating such fact. The city manager may ap- (o) Interviews. Prior to a person being ap-
point a board or committee member to serve as pointed to a board or committee, the person shall
secretary. The city shall be custodian of all re- be interviewed, in person, by the board or com-
cords of the boards or committees, and such mittee on which the person is seeking appoint-
records shall be maintained in the same manner ment and by the city council. The board or com-
as other city records. mittee shall make a recommendation to the city
(m) Alternate members.At the discretion of the council on whether the person should be ap
pointed to their respective board or committee
city council, two alternate members may be ap based on the requirements of this section.
pointed to each city board or committee.Alternate
members shall be provided with all agendas and (p) Ex-officio members. At the discretion of the
documentation provided to regular members and city council, ex-officio members may be appointed
shall be permitted to provide input during discus- to each city board or committee to serve in an
sions. Alternate members shall not be permitted advisory capacity to such board or committee.
to vote on matters before the board unless they Ex-officio members shall be provided with all
have assumed the duties of an absent regular agendas and documentation provided to regular
member. members and shall be permitted to provide input
during discussions. Ex-officio members shall not
The member of the board or committee who has be permitted to vote on matters before the board.
served longer as an alternate member shall be the Each ex-officio member shall meet all of the
first alternate board member.If the first alternate requirements for board membership provided
member leaves the board or is appointed as a within this section and as otherwise provided by
regular board member, the successor to the first law.
alternate board member shall be that alternate (Ord. No. 12-2003, § 2, 7-1-03; Ord. No. 20-2004,
board member with the longer service as an § 2, 11-16-04; Ord. No. 13-2011, § 2, 12-20-11)
Supp.No. 21 CD2:14.2
ADMINISTRATION §2-172
Sec. 2-172. Code of conduct. (e) In my capacity as an appointed board or
committee member, I will refrain from
In addition to adhering to the requirements of inappropriate language including state-
state law, any person appointed to serve as a ments that are malicious, threatening,
member of a city board or committee shall commit slanderous, disparaging, mean-spirited,
to the following code of conduct by written affir- vulgar or abusive.All disagreements,con-
mation, which shall remain on file with the city cerns or criticisms shall be framed in
clerk, as follows: language that is in keeping with the dig-
nity and professionalism of an appointed
(a) I affirm that the proper statutory and City official and the honor of my respective city
Charter role of members of appointed city board or committee.
boards and committees,as with any mem-
(f)ber of an appointed government body,is to I will focus on solving problems. I will
act collectively, not individually, to apply maintain appropriate decorum and pro
the city's governing policies, and that the fessional demeanor in the conduct of city
city manager and staff administer such business and work cooperatively and con-
policies. scientiously with others as I request or
receive information,examine data or weigh
(b) I understand that an appointed board or alternatives in the decision-making pro-
committee member does not manage the cess.
affairs of the city. I will not intrude into (g) I will demonstrate patience and refrain
daily operations or spheres of responsibil- from demanding, interruptive access to
ity designated by Florida Statutes, City staff or immediate responses or services
Code, and City Charter to the city manwhen requesting information that re
ager as the chief executive officer; or un- quires significant staff time in research,
dermine the city manager's lawful author- preparation or analysis or that will result
ity. Further, I understand that the city in staff neglect of urgent duties. Such
manager is responsible for administering requests will be made through the city
the policy direction established by a ma- manager for scheduling and prioritizing
jority vote of the city council and not the through consensus of my respective city
individual wishes of board or committee board or committee.
members.
(h) I will devote adequate time for prepara-
(c) I will represent the interests of the entire tion prior to my respective city board or
city when making decisions and will rely committee meetings and as much as pos-
upon available facts and my independent sible, I will be in attendance at such
judgment. In my capacity as an appointed meetings and all other scheduled events
board or committee member, I will avoid where my participation is required.
conflicts of interest and avoid using my (i) I will respect diversity and encourage the
official position for personal, professional, open expression of divergent ideas and
or partisan gain. opinions from fellow board or committee
(d) I will demonstrate dignity, respect, and members,city council members,city man
courtesy toward those whom I am in con- ager, city attorney, staff, citizens of Cape
tact with in my capacity as an appointed Canaveral, and city utility customers. I
or committee member. I will refrain
will listen actively and objectively to oth-
board
from intimidation and ridicule of fellow ers' concerns or constructive criticisms.
board or committee members, city council (j) I will refrain from any individual action
members,city manager,city attorney,staff, that could compromise lawfully autho-
Loire' citizens of the city,and city utility custom rized decisions of the city or the integrity
ers. of the city and my fellow board or commit-
Supp.No. 21 CD2:14.3
§2-172 CAPE CANAVERAL CODE
tee members. I will delineate clearly for the views of others. I recognize that I
any audience whether I am acting or share in the responsibility for all city
speaking as an individual citizen or in my decisions that my respective board makes
capacity as a city board or committee and will accept the will of the majority.
member.
(p) As a board or committee member, I will
(k) I will maintain the confidentiality of priv- always hold the best interests of the citi-
ileged information and will abide by all zens of the city and the public health,
laws of the state applicable to my conduct safety and welfare of the community in
as a board or committee member, includ- the highest regard. I will seek to provide
ing but not limited to the Government in appropriate leadership that nurtures and
the Sunshine Law, the Florida Code of motivates city citizens to be stakeholders
Ethics for Public Officers,and city rules of in the affairs and achievements of the city.
procedure and codes of conduct.
(1) I will promote constructive relations in a (q) I will be accountable to the city council for
positive climate with all members of the violations of this code of conduct.
city council, city employees, city attorney, (Ord. No. 13-2011 § 2 12-20-11)
and city contractors and consultants con-
sistent with my role as a board or commit- Secs. 2-173-2-180. Reserved.
tee member, as a means to enhance the
productivity and morale of the city. I will
support the city manager's decision to DIVISION 2. RESERVED*
employ the most qualified persons for
staff positions. I will recognize the bona
fide achievements of the city council, city Secs. 2-181-2-205. Reserved.
manager, staff, city attorney, city contrac-
tors and consultants, business partners, ARTICLE V. FINANCE
and others sharing in, and striving to
achieve, the city's mission.
(m) I will enhance my knowledge and ability DIVISION 1. GENERALLY
to contribute value to the city as a board
or committee member by keeping abreast Sec. 2-206. Quarterly report of income and
of issues and trends that could affect the expenditures.
city through reading, continuing educa-
tion and training. I will study policies and At the beginning of each quarterly period dur-
issues affecting the city, and will attend ing the fiscal year and more often if required by
training programs if required by the city. the city council, the city treasurer shall submit to
My continuing goal will be to improve my the council data showing the relation between the
performance as a board or committee mem- estimated and actual income and expense to date.
ber. If it shall appear that the income is less than
anticipated, the council shall reduce appropria-
(n) I will value and assist my fellow board or
committee members by exchanging ideas, *Editor's note—Ord. No. 13-2011, § 2, adopted Dec. 20,
concerns, and knowledge through lawful 2011, deleted div. 2, which pertained to beautification board
means of communication. I will help build and derived from Code 1981, §§ 251.01-251.05; Ord. No.
48-93, § 1, adopted Jan. 4, 1994; and Ord. No. 12-2003, § 2,
positive community support for the city's adopted July 1,2003.
mission and the policies established by tCross references—City treasurer,§2-141 et seq.;taxa-
the city council. tion, ch. 70; sanitary sewer system impact fees, § 78-121 et
seq.;schedule of fees,app. B.
(0) I will support and advocate for my beliefs, State law reference—Municipal finance and taxation,
but will remain open to understanding F.S. § 166.101.
Supp.No. 21 CD2:14.4
ADMINISTRATION §2-207
LIII01
tions,except amounts required for debt and inter- less of condition or value,may be disposed
est charges,to such a degree as may be necessary of or transferred from the custody of the
to keep expenditures within the income. assigned department without approval of
(Laws of Fla., ch. 63-1197, art. XVII, § 7) the city manager.
State law reference—Deposit of funds, F.S. §§ 215.85,
658.98. (3) The city treasurer shall prepare and main-
tain a property record for the city; the
Sec. 2-207. Personal property control. same shall be updated annually.As indi-
cated above, the city treasurer shall be
(a) Definitions. The following words,terms and
provided a copy of each departmental in-
phrases, when used in this division, shall have ventory, no less than annually, but addi-
the meanings ascribed to them in this section, tionally as required by this section. Such
except where the context clearly indicates a dif- inventories shall be compared with the
ferent meaning. property record,and all discrepancies shall
City means the City of Cape Canaveral and/or be traced and reconciled. All property
the City Council. shall be entered into the property record
Governmental unit means the governing of the city where the value of the property
board,commission or authority of a municipal- exceeds $1,000.00 and has a life expec
ity, county or taxing district of the state or the tancy of greater than one year.
sheriff of the county. (4) In addition to the foregoing, the city shall
Property means, unless provided otherwise take an inventory of its property in the
in this section,all tangible personal property of custody of the city manager,or any autho
L
a nonconsumable nature. rized department head,whenever there is
ire
a change in city manager or authorized
Property record means a list or inventory of department head.
all city-owned property with a value of$1,000.00
or more and a normal expected life of more (5) Where any property is determined by a
than one year,which includes the type,charac- department head to be surplus, missing
ter, condition of the property and any other or damaged, the department head shall
information required by the city manager or immediately notify the city manager in
applicable law. writing of such status. The property shall
continue to be maintained by the custo-
(b) Record and inventory of property. dial department until directed otherwise
(1) Each item of property which is practicable by the city manager.Where the city man-
to identify by marking shall be marked in ager directs the property to be disposed of,
the manner required by city manager. as provided in this section, or transferred
head shall complete and to another department, the department
(2) Each department
p head being relieved of the property shall
maintain a current inventory of all prop- notify the city treasurer in writing of the
erty assigned or entrusted to the custody status and disposition of such property.
of the associated department. Such inven- The city treasurer shall prepare and main-
tory shall include the condition of the tain a separate inventory of all city prop-
property, i.e. good, fair, or poor, and shall erty declared surplus, missing, or dam-
identify all property which has become aged, and how the same was disposed of.
damaged, missing, or which is of no fur-
ther value to such department. A copy of (c) Property supervision and control. The city
such inventory shall be provided to the manager shall be responsible for the supervision
city treasurer at a minimum on or before and control of city property, but may delegate to
September 1 of each year,but additionally the various department heads its use and imme-
Liof as changes to the condition or status of
the property occur. No property, regard- diate control and may require custody receipts.
The city manager may assign to or withdraw from
Supp. No. 21 CD2:14.5
§2-207 CAPE CANAVERAL CODE
such department heads the custody of city prop- expenditures; professional fees and legal
erty at any time. The city manager and heads of claims directly attributable to asset acqui-
each department shall be responsible to the city sition.
for the safekeeping and proper use of the property
entrusted to their care. (2) Donated property should be recorded at
its estimated fair market value at the
(d) Property acquisition. Whenever acquiring time of acquisition.
property, the city may pay the purchase price in (Ord. No. 18-2004, § 2, 10-5-04)
full or may exchange property with the seller as a
trade-in and apply the exchange allowance to the Sec. 2-208. Creation of fund balance/retained
cost of the property acquired. If whenever acquir- earnings reserves.
ing property,the city may best serve the interests
of the city by outright sale of the property to be There is hereby created in each of the various
replaced rather than by exchange as a trade-in, it governmental fund types (general fund, special
may make the sale in a manner otherwise pre- revenue funds, debt service funds, and capital
scribed in this section for the disposal of property. projects funds)and proprietary fund types(enter-
The receipts from the sale may be treated as prise funds) of the city, a reservation of fund
current refund if the property to be acquired shall balance or retained earnings equal to the follow-
be contracted for within the same fiscal year of ing:
the city in which the property sold is disposed of. (a) General fund. In the general fund, there
(e) Surplus property disposition. Property that shall be created a reservation of fund
is obsolete or the continued use of which is uneco- balance equal to 20 percent of the current
nomical or inefficient, or which serves no useful fiscal year budget for the fund. For the
function may be disposed of for value to any purposes of this calculation, the current
person or may be disposed of for value without fiscal year budget shall be the budget as
bids to the state, to any governmental unit, or to originally adopted by ordinance in Sep-
any political subdivision,defined in F.S. § 1.01, or tember. This reserve shall be in addition
if the property is without commercial value it may to all other reserves or designations of
be donated destroyed, or abandoned. Property, fund balance, including, but not limited
the value of which the city manager estimates to to, reservations for uncollected receiv-
be between$3,000.00 and$5,000.00, shall be sold ables and reservations of funds which
only to the highest responsible bidder after a have expenditure authority limited to spe-
request for at least three bids, or by public auc- cific purposes. In any fiscal year when the
tion. Any sale of property the value of which the city is unable to create the reservation of
city manager estimates to be $5,000.00 or more fund balance required by this section, the
shall be sold only to the highest responsible city shall not budget any amount of ap-
bidder at public auction, after publication of no- propriated fund balance for the purpose of
tice less than one week, nor more than two weeks balancing the budget.
prior to sale in a newspaper having a general
circulation in Brevard County. (b) Special revenue funds. By definition, spe-
cial revenue funds are created to account
(f) Recording the disposal of property. The dis- for the proceeds of specific revenue sources
posal of property within the purview of subsection (other than expendable trusts or for major
(e) shall be recorded by city manager required by capital projects)that are legally restricted
subsection (b) above. to expenditure for specified purposes. As
(g) Valuation of property. such, no specific reservation of fund bal-
ance is created by virtue of enactment of
(1) Property should be accounted for at cost, this section; rather the amount of any
which may include the following: pur- reservation of fund balance shall be gov-
chase or construction cost; freight and erned by the legal authority underlying
transportation charges; site preparation the creation of the individual fund.
Supp. No. 21 CD2:14.6
ADMINISTRATION §2-215
(c) Debt service fund. Debt service funds are balance exceeds the amounts set forth above, the
typically subjected to the creation of very excess may be utilized for any lawful purpose.
specific reserve amounts as a part of the Nevertheless, it is recommended that first prior-
ordinance or resolution which authorizes ity be given to utilizing the excess within the fund
the issuance of the bonds which are being in which it was generated. In order to minimize
repaid. Therefore, this policy does not the longterm effect of such use, it is also recom-
create any specific reservation of fund mended that any such excess be used to fund
balance within the debt service fund;rather one-time expenditures or expenses which do not
reserve requirements for any outstanding result in recurring operating costs or other one-
city bond issues will be as derived from time costs including the establishment of or in-
the ordinance or resolution authorizing crease in legitimate reservations or designations
the issuance of the bonds. of fund balance or reservations of retained earn-
(d) Capital projects fund. The capital projects ings.
fund was created to account for resources (Ord. No. 01-2008, § 2, 3-18-08)
designated to construct or acquire general
fixed assets and major improvements. Oc- Sec. 2-210. Replenishment of reserve defi-
casionally, these projects may extend be- cits.
yond a single fiscal year. Therefore, al-
though no specific reserve requirement is If, at the end of any fiscal year, the actual
established for the capital projects fund, amount of unreserved, undesignated fund bal-
at a minimum, the fiscal year end unre- ance or unreserved retained earnings falls below
served, undesignated fund balance, cou- the required levels set forth herein, the city
pled with estimated revenues for the en- manager shall prepare and submit a plan for
suing fiscal year, must be sufficient to expenditure or expense reductions and/or revenue
fund all outstanding fund obligations. increases to the city council. As a part of the
(e) Enterprise funds. The city has created a annual budget review, the city council shall re-
total of two enterprise funds to account view and amend the plan submitted by the city
for wastewater treatment and stormwater manager for restoring the amount of unreserved,
treatment services. In each of the enter- undesignated fund balance or unreserved re
prise funds now or hereafter created by tamed earnings to the required levels.Any deficit
the council, there shall be created a res- in the required amount must be restored no later
ervation of retained earnings equal to 20 than the end of the second fiscal year following its
percent of the current fiscal year budget occurrence.
for that fund. For the purposes of this (Ord. No. O1 2008, § 2, 3-18-08)
calculation, the current fiscal year budget
shall be the total budget as originally Sec. 2-211. Annual review
adopted by ordinance in September. This Compliance with the provisions of sections 2-208
budget shall be prepared on the modified through 2-211 shall be reviewed as a part of the
accrual basis of accounting and therefore annual budget adoption process.
includes such items as capital outlay and (Ord. No. 01-2008, § 2, 3-18-08)
operating transfers out.This reserve shall
be in addition to all other reservations of Secs. 2-212-2-215. Reserved.
retained earnings, including, but not lim-
ited to, amounts reserved for debt service
and/or amounts reserved for renewal and
replacement of long-lived assets.
(Ord. No. 01-2008, § 2, 3-18-08)
Sec. 2-209. Utilization of surplus reserves.
Lire' In the event that the unreserved undesignated
fund balance or unreserved retained earnings
Supp.No. 21 CD2:14.7
§2-216 CAPE CANAVERAL CODE
DIVISION 2. PURCHASING* for real and personal property, rental, repairs,
and maintenance of real or personal property.The
Sec. 2-216. Definitions. term shall not include professional services.
(Ord. No. 9-93, § 3(205.01), 5-18-93)
The following words, terms and phrases, when Cross reference—Definitions and rules of construction
used in this division, shall have the meanings generally, § 1-2.
ascribed to them in this section, except where the
context clearly indicates a different meaning: Sec. 2-217. Purpose.
Bid means a formal written and sealed re- The city shall purchase supplies, services and
sponse to a formal advertisement for specified construction utilizing competitive purchasing meth-
requirements. ods as defined in this division,except to the extent
the laws of the state or of the United States of
Bidder means an offeror who submits a bid or America preempt this division or any of its provi-
proposal to the city. sions. Except as otherwise provided in this divi-
Blanket purchase order means a continuing sion, contract awards shall be made to the lowest
purchase order designed to capture cumulative responsible bidder. In determining the lowest
transactions to reduce the administrative costs of responsible bidder, the city shall consider, in
placing recurrent orders with an established yen- addition to price:
dor. (1) The ability, capacity and skill of the bid-
Construction means and includes all improve-
ments to real property. (2) Whether the bidder can perform the con-
tractContract means a mutually binding legal rela within the time specified;
tionship between the city and another party obli- (3) The character and integrity, reputation,
gating the other party to furnish supplies, ser- judgement, experience and efficiency of
vices or construction to the city and the city to pay the bidder;
for them. It includes all types of commitments (4) The quality of performance of previous
that obligate the city to an expenditure of funds, contracts by the bidder;
and that, except as specifically provided in this
division, are in writing. Contracts include bilat- (5) Compliance by the bidder with require-
eral instruments, purchase orders, contract mod- ments of the invitation for bid or request
ifications and orders under blanket purchase or- for proposal;
ders.
(6) Previous and existing compliance by the
Proposal means an offer submitted to the city bidder with laws and ordinances relating
in response to a city request for proposals which to the contract;
permits persons to offer, at least in part, the (7) The sufficiency of the financial resources
method or manner of contract performance or to
specify alternatives to the stated city require-
ments. (8) The quality, availability and adaptability
of the supplies, services or construction to
Purchase order means a unilateral instrument the particular use required;
issued by the city ordering supplies, services, or
construction which becomes a contract by the (9) The ability of the bidder to perform any
other party through formal acceptance or by per- warranty obligations called for by the
formance. contract; and
Services means and includes all personal and (10) The number and scope of conditions at-
nonpersonal services, utilities, insurance, leases tached to the bid or proposal by the bid
der.
*Cross reference—Officers and employees,§2-91 et seq. (Ord. No. 9-93, § 3(205.03), 5-18-93)
Supp.No. 21 CD2:14.8
ADMINISTRATION §2-218
Lite
Sec. 2-218. Procedure. (4) Bid opening. Bids and proposals shall be
submitted sealed to the city and shall
All purchases by the city, except as otherwise
identify the city invitation for bid or re-
provided in this division,when the estimated cost quest for proposal number on the outer
thereof shall exceed $20,000.00, shall be pur- envelope. Bids and proposals shall be
chased by formal written bilateral contract from opened at the time and place stated in the
the lowest responsible bidder after due notice public notice.A tabulation of all bids and
inviting bids or proposals. proposals received shall be posted for pub-
(1) Notice. Notice inviting bids or proposals lic inspection on the bulletin board in the
shall be published in at least one official city hall.
newspaper with general circulation in the (5) Rejection of bids. The city shall have the
county at least five days preceding the authority to reject all bids or proposals
last day set for the receipt of proposals. when the public interest will be served
The newspaper notice required shall in- thereby. The city may reject the bid or
dude a general description of the sup- proposal of a bidder when:
plies, services or construction to be pur a. The bid or proposal does not conform
chased and shall state where bid blanks to the technical specifications;
and specifications may be secured and the
time and place for opening bids. The city b. The bid or proposal is facially non-
shall also advertise pending purchases by conforming as to acceptable materi-
a notice posted on the public bulletin als and components or services; or
board in city hall. c. The bid materially and substantially
Low (2) City bidders list. The city shall also solicit differs from the invitation for bids or
bids or proposals from all responsible pro- request for proposals.
spective bidders whose names appear on (6) Ineligible contractors. The city shall not
the bidders list maintained by the city. solicit or accept the bid or proposal of a
The city shall send a copy of the newspa- contractor who is in the default of pay-
per notice described in subsection (1) of ment of taxes,license fees or other monies
this section to each bidder whose name due the city.
appears on the city bidders list. The city (7) Award to other than low bidder. When the
shall mail the notices as aforesaid only to award is not made to the lowest bidder, a
those bidders who ordinarily provide sup- full and complete statement of the rea-
plies, services or construction similar in sons for placing the contract elsewhere
character to those called for by the invi- shall be prepared by the city and filed
tation for bids or request for proposals. with other documents relating to the in-
Prospective bidders may have their names vitation for bids or request for proposals.
added to the city bidders list in accor-
dance with procedures to be adopted by (8) Tie bids. If all bids or proposals received
the city manager. are for the same total amount or unit
price, quality and services being equal,
(3) Bid deposits. When deemed necessary by the contract shall be awarded to any bid-
the city,bid deposits shall be prescribed in
the public notices inviting bids or propos-
als.Unsuccessful bidders shall be entitled
to the return of surety where the city has
required such. A successful bidder shall
forfeit any surety required by the city
upon failure to enter into a contract upon
Lise' the terms contained in the bidder's bid or
proposal within ten days after the award.
Supp.No. 21 CD2:14.9
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N.60)
3
ADMINISTRATION §2-282
LI100?
prepared or recorded until the condi- Sec. 2-281. Definitions.
tion(s) placed by the council have been
satisfied. The following words and phrases shall have the
meaning ascribed herein unless the context clearly
The violator shall have 30 days in which indicates otherwise:
to comply with the conditions imposed by
the city council. Failure of the violator to (a) Code enforcement officer shall mean city
comply will result in the automatic denial manager designated employees or agents whose
of the application for satisfaction or re- duty it is to enforce the City Code and ordinances.
lease of lien. Code enforcement officers may include, but are
not limited to, code inspectors, building inspec-
If the application is denied or if the appli- tors, the building official, law enforcement offi-
cation is automatically denied due to the cers, fire safety inspectors, or any other employee
failure of the violator to comply with the or agent authorized by the city council and/or city
conditions imposed by the city council,the manager. All such officers employed by the city
violator shall thereafter be barred from shall receive training as prescribed by the city
applying for a subsequent satisfaction or council and/or city manager.
release of lien for a period of one year
from the date of denial. During the one- (b) Person shall mean any individual, associa-
year period,the lien may only be satisfied tions, joint ventures, partnerships, corporations,
and released upon full payment of the fine trusts, sole proprietorships,and any and all other
or penalty imposed in accordance with groups or combinations and legal entities.
this division.
(Ord. No. 05-2003, § 2, 2-18-03) (c) Repeat violation shall be as defined by F.S.
ch. 162, and as may be amended from time to
time.
Secs. 2-261-2-279. Reserved. (d) Violation shall mean the act of breaking,
infringing or transgressing any provision of the
DIVISION 3. CODE ENFORCEMENT City Code,its ordinances or other law by a person,
CITATIONS pursuant to this division.
(Ord. No. 06-2004, § 2, 4-20-04)
Sec. 2-280. Intent and purpose. Sec. 2-282. Authorization of citation pro-
gram.
(a) It is the intent and purpose of this division (a) The city hereby adopts a code enforcement
to provide a supplemental procedure for the en citation system to provide an additional and sup-
forcement of city codes and ordinances. Nothing elemental method of enforcing the enumerated
contained in this division shall prohibit the city codes and ordinances enumerated in section 2-283
from enforcing its Code and ordinances by any or specifically made subject to this division else-
other lawful means. where in the City Code. The enforcement method
shall be by the issuance of citations for violation
(b) It is also the intent and purpose of this of duly enacted city codes and ordinances in
division to enhance the effectiveness of code en- accordance with the rules and procedures estab-
forcement within the city by authorizing the en- lished by this division and F.S. Ch. 162.
forcement methods and penalties contained in
this division for the betterment and promotion of (b) Code enforcement officers shall not have
the public health, safety, and welfare of the citi- the power of arrest for purposes of bringing a
zens of the city. violation in compliance. For each violation, the
(Ord. No. 06 2004, § 2, 4-20-04) code enforcement officer shall determine, using
Supp.No. 21 CD2:21
§2-282 CAPE CANAVERAL CODE
reasonable discretion, whether to prosecute the Sec. 2-284. Training of code enforcement of-
violation through the civil citation system under ficers.
this division and/or the code enforcement board.
(Ord. No. 06-2004, § 2, 4-20-04) (a) The training and qualifications of the code
enforcement officers shall be established by the
Sec. 2-283. Applicable codes and ordinances; city council or city manager.
class violation.
(b) Except for sworn law enforcement officers,
(a) The following city codes and ordinances the designation of code enforcement officers under
may be enforced by civil citation to the Brevard this division does not confer the power of arrest or
County Court, and are assigned the violation other law enforcement powers nor subject the
classification enumerated below: code enforcement officers to the provisions of F.S.
(1) Chapter 38, article IV, Fire- Ch. 943.
works Class IL (Ord. No. 06-2004, § 2, 4-20-04)
(2) Chapter 34, article II, Litter Class I. Sec. 2-285. Citation powers; personal inves-
(3) Chapter 34, article III,Prop- tigation; reasonable cause.
erty Maintenance Standards Class I.
Any code enforcement officer is hereby autho-
(4) Chapter 34, article V, Noise Class I. rized to issue a citation to a person when, based
(5) Chapter 34,article VII,Lights Class I. upon personal investigation, the officer has rea-
sonable cause to believe that the person has
(6) Section 14-3, Bees and bee- committed a civil infraction in violation of the
hives prohibited Class I. duly enacted code or ordinance which is either
(7) Chapter 14, article III, Sea identified in section 2-283 of this division or
Turtles Class I. specifically made subject to this division else-
where in the City Code,regardless of whether the
(8) Section 110-467,Garage sales Class I. violation constitutes a repeat violation. Nothing
(9) Section 110-582, Swimming in this section shall prohibit the city from enforc-
pool barriers Class II. ing its codes or ordinances by any other means.
(10) Chapter 62, Solid waste Class L (Ord. No. 06-2004 § 2, 4-20-04)
(11) Section 110-487, Rental re- Sec. 2-286. Violation; penalties; general.
strictions on dwelling units. Class IV.
(12) Chapter 82 article XIV,Num- (a) A violation of a city code or ordinance
bering of Buildings and Prop- specifically made subject to this division is hereby
erty Class I. deemed a civil infraction.
(13) Chapter 82, article V, Regis- (b) Each violation of a city code or ordinance
tration and Maintenance of specifically made subject to this division is a
Properties in Foreclosure Class IV. separate civil infraction. Each day such violation
shall continue shall be deemed to constitute a
(b) In the event of a conflict between the civil separate civil infraction.
penalties enumerated in this section and a civil
penalty specifically enumerated elsewhere in this (c) The maximum civil penalty pursuant to
Code or other ordinances, the more stringent this division, shall not exceed $500.00 plus all
penalty shall apply. applicable court costs and legislative assess-
(Ord. No. 06-2004, § 2, 4-20-04; Ord. No. 06-2007, ments, per violation.
§2, 10-16-07; Ord. No. 06-2012, § 3, 4-17-12; Ord.
No. 07-2012, § 3, 5-15-12; Ord. No. 09-2012, § 2, (d) Any citation issued pursuant to this article
6-19-12) may be contested in county court.
Supp.No. 21 CD2:22
ADMINISTRATION §2-287
LI101
(e) Any person who willfully refuses to sign
and accept a citation issued by a code enforcement
officer shall be guilty of a misdemeanor of the
second degree, punishable as provided in F.S.
§§ 775.082 and 775.083.
(f) The provisions of this part shall not apply to
enforcement pursuant to sections 553.79 and 553.80
of the Florida Building Code, as applied to con-
struction, provided that a building permit is ei-
ther not required or has been issued by the city.
(Ord. No. 06-2004, § 2, 4-20-04)
Sec. 2-287. Citation issuance procedure.
All citations issued pursuant to this division by
a code enforcement officer shall be in accordance
with the following procedure:
(a) Warning notice. Except as provided in
subsection (b), a code enforcement officer
shall provide a warning notice prior to
issuing a citation. The warning notice
shall at a minimum provide the following:
Limoe' (1) The code or ordinance provision vio-
lated;
(2) The date of the issuance of the warn-
ing notice;
L
Supp.No. 21 CD2:22.1
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3
3
AMUSEMENTS AND ENTERTAINMENTS § 10-47
ARTICLE I. IN GENERAL nate the multiple uses of limited public space;and
to prevent dangerous, unlawful or impermissible
Secs. 10-1-10-25. Reserved. uses.
(c) Permit required. Any outdoor entertain-
ARTICLE II. AMUSEMENT DEVICE ment event held within the corporate limits of the
CODE* city, unless otherwise exempted herein, shall ob-
tain a permit. All outdoor entertainment events
shall comply with the provisions of this article
Sec. 10-26. Reserved. and with all terms, conditions, and requirements
Editor's note-Ord. No. 11-2002, § 1, adopted Aug. 20, endorsed upon the permit.
2002, deleted § 10-26, which pertained to adoption of the
Standard Amusement Device Code and derived from Code (d) Administrative policies and guidelines. The
1981,§§628.01-628.03. city manager shall be responsible for establishing
administrative policies and guidelines to imple-
Sec. 10-27. Reserved. ment this article in cooperation with the building
official, public works director, precinct corn-
Editor's note-Ord. No. 11-2002, § 2, adopted Aug. 20, mander, Cape Canaveral Volunteer Fire Depart-
2002,deleted§ 10-27,which pertained to amendments to the
Standard Amusement Device Code. ment and any other city personnel deemed neces-
sary by the city manager.
Secs. 10-26-10-45. Reserved. (e) City organized events. City organized events
shall not be subject to the permitting require-
ments of this article.
ARTICLE III. OUTDOOR
Lire ENTERTAINMENT EVENTSt (f) Outdoor entertainment event agreements.
The city may contract with parties seeking to
conduct outdoor entertainment events that pro-
DIVISION 1. GENERALLY mote economic development within the city or
provide a cultural attraction or event for resi-
Sec. 10-46. General provisions. dents and visitors of the city. Through the nego-
tiation of any such contract, the city council may
(a) Title. This article shall be known and may vary or waive certain terms and conditions of this
be referred to as the "City of Cape Canaveral article in furtherance of promoting economic de-
Outdoor Entertainment Events Ordinance." velopment and/or the cultural attraction or event.
(b) Purpose and intent. The purpose and intent (Ord. No. 04 2010, § 3, 3-2-10; Ord. No. 15 2011,
of the City of Cape Canaveral Outdoor Entertain § 2, 12-20-11)
ment Events Ordinance is to provide a content
neutral time,place and manner permitting scheme, Sec. 10-47. Definitions.
to regulate the use of public property; to coordi- The following words, terms and phrases, when
*Cross reference-Code enforcement,ch. 2,art.VI. used in this article, shall have the meanings
tEditor's note-Ord.No.04-2010,§§2,3,adopted March ascribed to them in this section, except where the
2, 2010, amended art. III in its entirety and enacted the context clearly indicates a different meaning:
provisions set out herein. The former art. III, titled Outdoor
Entertainment, derived from Ord. No. 23-92, §§ 1(729.01), Applicant shall mean the individual or entity
1(729.02,1(729.03(A)),1(729.03(B)),and 1(729.04)-1(729.08), that makes application to the city to hold an
adopted Dec. 1,1992;Ord.No.8-94,§1,adopted Feb. 1,1994; outdoor entertainment event. The applicant is
Ord. No. 02-2007, § 4, adopted Feb. 20, 2007; and Ord. No.
07-2008,§3,adopted July 1,2008. responsible for compliance with terms and condi-
Cross references-Code enforcement,ch.2,art.VI;parks tions of this article.
and recreation, ch. 54; streets, sidewalks and other public
places, ch. 66; buildings and building regulations, ch. 82; Application shall mean the documentation sub
zoning,ch. 110. mitted by the applicant to the event coordinator,
Supp.No. 21 CD10:2.1
10-47 CAPE CANAVERAL CODE
in conformance with this article, to request the the event coordinator and the personnel hours
issuance of an outdoor entertainment event per- worked by any person of the level of department
mit. manager/director or higher.
Application fee shall mean the nonrefundable Internal security plan shall mean a plan sub-
fee paid in connection with an application made mitted by the applicant and approved, as submit-
pursuant to this article. ted or as modified thereafter,by the city manager,
for the provision of security to public and private
Beer garden shall mean a specially designated property, performers, entertainers, exhibitors,
area, shown on the event site plan, which is speakers or other persons in the immediate area
intended to contain all sales and consumption of central to the outdoor entertainment event,known
alcohol. The beer garden shall be surrounded by as the outdoor entertainment event production
perimeter fencing with controlled ingress and area. The term internal security plan does not
egress points for the purpose to verify people apply to any plan for public safety personnel
entering the beer garden are of legal age to necessary to provide for the protection of an
purchase and consume alcohol. Alcohol tickets outdoor entertainment event and its attendees
may be sold and purchased outside of the beer from hostile members of the public or
garden. All alcohol sold, purchased, consumed, counterdemonstrators.
and or transferred during the event shall occur
within the fenced beer garden perimeter. Outdoor entertainment event shall mean any
public celebration or gathering,conducted in whole
City manager shall mean the city manager for or in part in the open air, such as, but not
the City of Cape Canaveral. necessarily limited to, athletic entertainments,
City organized events shall mean any outdoor carnivals, dancing, concerts, block parties, dra
entertainment event planned and conducted by matic productions, art exhibitions,parades or the
the city.City organized events include,but are not sale of merchandise, food or alcohol, or any com 'Nu)
-
limited to, Friday Fest, Movies in the Park, Fall bination of the foregoing, which involves the use
Festival/Chili Cook Off,Monster Mash Halloween of or impact to public or private property, or
Party,racquetball tournaments,Healthy Kids Fair, property dedicated exclusively for public use; and
Reindeer 5K Run/Walk,Spring Festival,Egg Hunt, where the nature of such outdoor entertainment
and Back to School Jamboree. event requires the erection of stages, barricades,
utility poles, booths, tents, or other temporary
Day shall mean calendar days unless specifi- structures, or the use of parked vehicles or of
cally provided otherwise herein. permanent structures; and/or which of necessity
requires, for the outdoor entertainment event's
Event coordinator shall mean the city staff successful execution, the provision and coordina-
person appointed by the city manager to coordi tion of municipal services to a degree significantly
nate the permitting of outdoor entertainment over and above that which the city routinely
events and to implement the permits approved by provides under ordinary everyday circumstances.
the city manager in accordance with this article.
Outdoor entertainment event permit shall mean
Extra personnel hours shall mean the total of a permit granting an applicant the authority to
all hours worked by city employees to accomplish hold an outdoor entertainment event.
the necessary administrative, facility mainte-
nance and service, security, sanitary, and over- Outdoor entertainment event production area
sight components of the outdoor entertainment shall mean the area or areas, not necessarily
event which is the subject of the application, to contiguous to each other, including and immedi-
the extent that such hours exceed the total num- ately surrounding the portion or portions of the
ber of hours which would have been worked by outdoor entertainment event location(s) which
those same city employees had the outdoor enter- are central to the production of the event, includ-
tainment event not taken place. Excluded from ing, but not limited to, stages, barricades, utility
this definition are the personnel hours worked by poles,booths,tents,or other temporary or perma-
Supp.No. 21 CD 10:2.2
AMUSEMENTS AND ENTERTAINMENTS § 10-50
Live
nent structures or parked vehicles erected or (8) Location of any public address sound sys-
utilized by the applicant for the production of the tern; and
event.
(9) Any provisions made for handicap access
Person shall mean any individual person, or or special uses unique to the outdoor
any firm, partnership, association, corporation, entertainment event.
company, or organization of any kind, or any
combination of such persons. Street shall mean any place or way set aside or
open to the general public for purposes of vehic-
Precinct commander shall mean the precinct ular traffic, including any curb, gutter or shoul-
commander for the Brevard County Sheriffs Of- der,parkway,right-of-way,or median strip thereof.
fice,Canaveral Precinct,or the precinct command-
er's designee. Temporary structure shall mean sheds, booths,
Public property shall mean any public street, bleachers,canopies,tents,stages,scaffolding,fences
ri ht of wa sidewalk,park,place,property, and other structures erected for temporary pur-
g y' p p y'ease
poses during an outdoor entertainment event.
ment, structure or facility owned, dedicated, con-
trolled or otherwise under the jurisdiction and Vendor shall mean any person, corporation,
control of the city. entity or enterprise providing the sale of goods or
Sidewalk shall mean any area or way set aside services for profit and/or the promotion, produc-
or open to the general public for purposes of tion, operation or management of any activities
pedestrian traffic, whether or not it is paved. related to an outdoor entertainment event.
(Ord. No. 04-2010, § 3, 3-2-10; Ord. No. 13-2010,
Site plan shall mean a graphic representation, § 2, 10-19-10; Ord. No. 15-2011, § 2, 12-20-11)
drawn to scale, no greater than one inch to 50
feet, which clearly depicts the outdoor entertain Sec. 10-48. Compliance with other laws.
ment event production area, and which shall
include, at a minimum: The staging, promoting or conducting of an
(1) Site vicinity map; outdoor entertainment event shall be in full and
complete compliance with this article, beverage
(2) Property lines, paved areas, grass areas, laws and other laws, ordinances and regulations
sidewalks and streets; applicable to the outdoor entertainment event.
(3) Existing structures with designated uses (Ord. No. 04-2010, § 3, 3-2-10)
clearly identified;
(4) Proposed temporary structures and usage Sec. 10-49. Local business tax receipt re-
areas,including tents,fencing,gates,con- quired.
cession areas,viewing stands,stages,tem- It shall be unlawful for any person to stage,
porary electrical poles, generators, fire promote or conduct any outdoor entertainment
extinguishers,aid stations,connections to event in the city without a valid local business tax
potable and waste water systems,restroom receipt, as required by law.
facilities and dumpsters;
(Ord. No. 04-2010, § 3, 3-2-10)
(5) Lighting plan, if proposed event is to
occur during night-time hours; Sec. 10-50. Penalties and enforcement.
(6) Total number of off-site and on-site park-
ing spaces and loading zones; (a) It shall be unlawful for any person to stage,
present, conduct, or attempt to stage, present,
(7) Traffic flow diagram depicting proposed conduct an outdoor entertainment event without
vehicle and pedestrian traffic flow and first having obtained an outdoor entertainment
ingress and egress routes; event permit as provided in this article.
Supp.No.21 CD10:3
§ 10-50 CAPE CANAVERAL CODE
(b) It shall be unlawful for any person to In addition to the information required upon
participate in an outdoor entertainment event for the application, the applicant shall provide as
which an outdoor entertainment event permit has attachments to the application a site plan and an
not been granted under this article. internal security plan.
(c) It shall be unlawful for any person to fail to (b) Application review; event planning meet-
comply with all directions and conditions of the ing; review criteria.
outdoor entertainment event permit issued pur-
suant to this article. (1) Upon receipt of the completed application
and application fee, the event coordinator
(d) The penalties for a violation of this article shall forward copies of the application to
are set forth in section 1-15 of the City Code. the precinct commander,the Cape Canav-
Nothing contained herein shall be construed as a eral Volunteer Fire Department,the build-
limitation on the city's ability to seek any other ing department and public works for re-
remedy provided by law. view. Each department shall review the
(Ord. No. 04-2010, § 3, 3-2-10) application, determine the number of ex-
tra personnel hours estimated to be re-
Secs. 10-51-10-60. Reserved. quired from such department to support
the proposed outdoor entertainment event
DIVISION 2. PERMIT and provide preliminary written com-
ments regarding same.The comments shall
Sec. 10-61. Application. be returned to the event coordinator within
ten working days from receipt. The com-
(a) Application. Any person desiring to hold an ments shall be retained with the applica-
outdoor entertainment event must submit a com- tion file.
pleted outdoor entertainment event permit appli-
cation to the event coordinator no later than 45 (2) Upon receipt of the department com
days prior to the commencement of such event. ments, the event coordinator shall sched
The application shall be made on a form approved ule an event planning meeting between
by the city manager and shall be accompanied by the applicant,the event coordinator and a
a nonrefundable application fee established by representative from each of the city de
resolution of the city council. Outdoor entertain- partments providing comments. If the ap-
ment events separated by a period of 24 hours plicant will be designating an entertain
shall be considered separate events and shall ment or safety coordinator for the outdoor
each require a separate application and fee.At a entertainment event,those designated in
minimum, the application shall contain the fol dividuals shall also attend the event plan
lowing information: ning meeting. During the meeting, the
site plan, internal security plan, depart-
(1) Applicant's name and mailing address; ment comments and estimated extra per-
(2) Name and contact information of appli- sonnel hours costs shall each be reviewed
cant's main point of contact during the and evaluated. The commencing depart-
permitting process; ments shall finalize their comments and
(3) Name and contact information of appli recommended conditions on the applica-
tion.
cant's main point of contact during the
outdoor entertainment event; (3) Within five days of the event planning
(4) Proposed date(s), time(s) and location(s) meeting, the event coordinator shall for
of outdoor entertainment event; and ward a recommendation of approval, de-
nial, or approval with conditions to the
(5) Description of proposed events and activ- city manager. The city manager shall be
ities comprising the outdoor entertain- charged with the responsibility and au-
ment event. thority to determine whether a particular
Supp.No. 21 CD10:4
AMUSEMENTS AND ENTERTAINMENTS § 10-61
applicant should be granted an outdoor
entertainment event permit in the time,
manner and place proposed;whether mod-
ifications in the outdoor entertainment
event as to time, manner and place shall
be required according to criteria estab-
lished by this section; or whether such
permit shall be denied altogether.
(4) The event coordinator shall notify the
applicant in writing of the city manager's
determination on the application within
20 days of receipt of a properly filed ap-
plication.
(5) In determining whether to grant the par-
ticular permit in accordance with the time,
manner and place requested, whether to
deny the permit as requested and propose
Lre
L
Supp. No. 21 CD10:5
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3
3
CIVIL EMERGENCIES § 18-3
LIMIe.
Sec. 18-1. Definitions. Sec. 18-3. Emergency powers and measures.
The following words, terms and phrases, when Whenever a civil emergency is declared pursu
used in this chapter, shall have the meanings ant to section 18 2 of this Code, the council
ascribed to them in this section, except where the resolution or written instrument of the mayor or
context clearly indicates a different meaning: city manager shall set forth the nature of the civil
emergency, any lawful measures deemed neces-
Civil emergency means: sary to preserve and protect the public health,
safety, and welfare, and the duration said mea-
(1) A riot or unlawful assembly characterized sures shall remain in effect.Any measure promul-
by the use of actual force or violence or gated under this section shall have the force and
any threat to use force if accompanied by effect of law. Such measures shall only be effective
immediate power to execute by three or during the state of civil emergency. Such mea-
more persons acting together without au- sures may include, but are not limited to, the
thority of law. following:
(2) Any natural disaster or manmade calam (a) Establish curfews, including, but not lim-
ited to, the prohibition of or restrictions
ity,including flood,conflagration,cyclone, on pedestrian and vehicular movement,
tornado, hurricane, earthquake or explo- standing and parking, except for the pro-
sion, within the corporate limits of the visions of designated essential services,
city resulting in the death or injury of such as fire, police, emergency medical
persons or the destruction of property to services (including the transportation of
such an extent that extraordinary mea- patients and emergency calls by physi-
sures must be taken to protect the public dans or other approved medical person
Li health, safety and welfare. nel), and public works services (including
Curfew means a prohibition against any person utility emergency repairs).
or persons walking, running, loitering, standing (b) Utilize all available resources of the city
or motoring upon any alley, street, highway, pub- government as reasonably necessary to
lic property or vacant premises within the corpo- cope with the civil emergency, including
rate limits of the city, except the persons officially emergency expenditures. However, in the
designated to perform duties with reference to the case of a declaration of civil emergency by
civil emergency. the mayor or city manager, such emer-
(Code 1981, § 605.01) gency expenditure shall not exceed
Cross reference—Definitions and rules of construction $50,000.00.
generally,§ 1-2. (c) Declare certain areas of the city off limits
and closed to all nonessential personnel.
Sec. 18-2. Persons authorized to declare (d) Make provisions for the availability and
emergency. use of temporary emergency housing and
The city council shall have the right to declare the emergency warehousing of materials.
a civil emergency by resolution. In the event a (e) Establish an emergency operating center
meeting of the city council cannot be convened to and employee shelter in addition to or in
declare a civil emergency in a timely manner, the place of those provided for in the Brevard
mayor, or in the absence of the mayor, the city County's emergency plan.
manager, shall have the right to declare a civil (f) Establish price controls pursuant to sec-
emergency provided the declaration is in writing. tion 18-5 of this Code.
(Code 1981, § 605.02; Ord. No. 16-2003, § 2,
6-3-03) (g) Confiscate merchandise,equipment,vehi-
Cross references City council, § 2-26 et seq.; officers cies, or property needed to alleviate the
Low, and employees,§2-91 et seq.;city manager,§2-101 et seq. emergency.Reimbursement shall be within
Supp. No. 21 CD18:3
§ 18-3 CAPE CANAVERAL CODE
60 days and at customary value charged shall be subject to review by the city council at a
for the items during the 90 days previous regular or special meeting within 24 hours of such
to the emergency. declaration or as soon thereafter as the city coun-
(h) In cooperation with Brevard County emer- cil can convene a meeting. The city council shall
gency management and on behalf of the review the declaration and determine whether a
civil emergency exists. If a civil emergency exists,
city, call on the National Guard of the
Army, Coast Guard or other law enforce- the city council shall declare such emergency by
ment divisions as necessary to assist in resolution. In any event, the declaration imposed
the mitigation of the emergency or to help by the mayor or city manager shall immediately
maintain law and order,rescue and traffic terminate at the time the city council makes the
control. determination required by this subsection.
(Ord. No. 16-2003, § 2, 6-3-03)
(i) Activate the statewide mutual-aid sys-
tem.
Sec. 18-5. Sale of goods, services, or materi-
(j) Prohibit or limit the sale,purchase,trans- als at unconscionable prices.
fer, distribution, display, possession, or
exchange of any weapon as defined in F.S. (a) During a declared civil emergency, it shall
§ 790.001;except that this provision shall be unlawful and a violation of this chapter for a
not apply to duly authorized law enforce- person or her or his agent or employee to rent or
ment officials acting in an official capacity. sell or offer to rent or sell at an unconscionable
(k) Prohibit or limit the sale,purchase,trans- price any goods, services, materials, or essential
fer, distribution, display, possession, ex- commodity within the area for which a civil emer-
change of any alcoholic beverage,flamma- gency is declared.
ble liquid,explosive substance or hazardous
material or substance; (b) During a declared civil emergency, it shall
be unlawful and a violation of this chapter for any
(1) Prohibit or limit any person or persons person to impose unconscionable prices for the
from assembling in public places; and rental or lease of any dwelling unit or self-storage
(m) Prohibit or limit the public's use of public facility within the area for which a civil emer-
facilities including, but not limited to, gency is declared.
parks, government buildings, rights-of-
way, and beaches. (c) A price approved by an appropriate govern-
(Code 1981, § 605.03; Ord. No. 16-2003, § 2, ment agency shall not be a violation of this
6-3-03; Ord. No. 08-2011, § 2, 9-20-11) section.
Sec. 18-4. Duration and termination of emer- (d) For purposes of this section, the term "un-
gency. conscionable" shall have the same meaning and
evidentiary standard set forth in F.S. § 501.160,
(a) Upon declaration of a civil emergency pur- as amended.
suant to section 18-2 of this Code, the state of (Ord. No. 16-2003, § 2, 6-3-03)
emergency shall commence immediately unless
otherwise provided in the council resolution or
the written instrument of the mayor or city man Sec. 18-6. Violations and penalties.
ager, and shall terminate when the declaration
has been rescinded or terminated by similar res- A violation of any provision of this chapter, or
olution or written instrument. violation of any emergency measure promulgated
under this chapter, by any person, shall consti-
(b) Notwithstanding the provisions in subpara- tute a code violation and be punishable pursuant
graph (a) of this section, any declaration of civil to section 1-15 of this Code.
emergency imposed by the mayor or city manager (Ord. No. 16-2003, § 2, 6-3-03)
Supp.No. 21 CD18:4
CIVIL EMERGENCIES § 18-7
Lie
Sec. 18-7. Authority; governor's; president.
Nothing contained in this chapter shall be
construed to limit the governor's or the president
of the United States' ability to proclaim or termi-
nate a state of emergency within the city.
(Ord. No. 16-2003, § 2, 6-3-03)
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Supp.No.21 CD18:5
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COMMUNITY DEVELOPMENT §22-33
(11111110e
ARTICLE I. IN GENERAL Sec. 22-31. Reserved.
Editor's note-Ord. No. 12-2003, § 4, adopted July 1,
2003, deleted section 22-31,which pertained to removal and
Secs. 22-1-22-25. Reserved. derived from Ord. No. 10-99, § 1,adopted Sept. 7, 1999.
ARTICLE II. BUSINESS AND ECONOMIC Sec. 22-32. Reserved.
DEVELOPMENT BOARD* Editor's note Ord. No. 12-2003, § 4, adopted July 1,
2003, deleted section 22-32, which pertained to rules and
procedures and derived from Ord.No.10-99,§1,adopted Sept.
Sec. 22-26. Definitions. 7, 1999.
The following words, terms and phrases, when Sec. 22-33. Purpose and duties.
used in this article, shall have the meanings
ascribed to them in this section, except where the The business and economic development board
context clearly indicates a different meaning: shall have the purposes and duties to:
Commerce or commercial pertains to activities (1) Provide recommendations to the city re
in the areas of industry, commerce, business and lated to the implementation of the rede
velopment plan prepared in 2007, the
tourism.
(Ord. No. 10 99, § 1, 9-7-99) recommendations of the 2009 Community
Visioning Committee and its Vision State-
ment, and the Economic Development Ac-
Sec. 22-27. Established. tion Plan prepared in 2010.
LireThe city establishes a business and economic (2) Confer with and advise the city on all
development board in and for the city. matters concerning the development of
(Ord. No. 10-99, § 1, 9-7-99. Ord. No. 13 2011, §3, commerce.The board shall encourage high
12-20-11) value business investment and job cre-
ation in the city and advise the city on
Sec. 22-28. Composition. actions to undertake in accomplishing this
goal. Actions may include code revisions
The business and economic development board that remove barriers to development for
shall consist of seven regular members. desired businesses, creation of develop-
(Ord.No. 10-99, § 1,9-7-99; Ord.No. 12-2003,§4, ment incentives such as a community
7-1-03; Ord. No. 13 2011, § 3, 12-20-11) redevelopment agency and brownfields re-
development program, creation of mixed
use land use and zoning districts, revi-
Sec. 22-29. Reserved. sions to current zoning districts to allow
Editor's note-Ord. No. 12-2003, § 4, adopted July 1, for desired types of development, among
2003,deleted section 22-29,which pertained to term of office others.
and derived from Ord.No. 10-99, § 1,adopted Sept. 7, 1999.
(3) As may be requested,act as liaison for the
city in the area of public relations with
Sec. 22-30. Reserved. the following:
Editor's note-Ord. No. 12-2003, § 4, adopted July 1, a. Cocoa Beach Regional Chamber of
2003,deleted section 22-30,which pertained to vacancies and
derived from Ord.No. 10-99,§ 1,adopted Sept. 7, 1999. Commerce.
b. Canaveral Port Authority.
*Editor's note-Ord. No. 13-2011, § 3, adopted Dec. 20,
2011, amended the title of Art. II to read as herein set out. c. Economic Development Commission
Formerly, said Art. II was entitled "Business and Cultural of Florida's Space Coast.
Development Board."
Cross reference-Boards,committees,commissions,§2- d. Other similar organizations or agen-
cies et seq. cies which, in the opinion of the
Supp.No.21 CD22:3
§22-33 CAPE CANAVERAL CODE
business and economic development lated to additional incentives, including,
board,would be appropriate for such but not limited to development fee waiv-
liaison. ers and financial contributions.
(Ord. No. 10-99, § 1, 9-7-99; Ord. No. 13-2011, § 3,
(4) Determine from existing commercial en- 12-20-11)
terprises in the city and interested out-
side entities contemplating locating in the Sec. 22-34. Advisory capacity.
city the appropriate and necessary action
the city should take to enhance and en- The powers and duties of the business and
courage the further development of the economic development board are of an advisory
city's commerce and coordinate with and nature only, and the board shall not have any
advise pertinent officials and boards in powers or duties which conflict with or supersede
the city as to the implementation of this the powers and duties of other city boards.
action. (Ord. No. 10-99, § 1,9-7-99; Ord. No. 13-2011, §3,
12-20-11)
(5) Advise the city of the advent of any new
commercial activity, i.e., new businesses, Sec. 22-35. Indebtedness.
significant change in existing businesses,
etc., in the city's commerce in order that The business and economic development board
timely and appropriate recognition by the shall not incur any debts or enter into any con-
city can be effected. tracts or obligations, which would be enforceable
against the city, unless prior approval has been
(6) Cooperate with all community groups, obtained.
which are dedicated to orderly commer- (Ord. No. 10-99, § 1,9-7-99; Ord. No. 13-2011, §3,
cial expansion of the city and furnish 12-20-11)
them with aid and advice as is deemed
appropriate.
ARTICLE III. COMMUNITY APPEARANCE
(7) Generally, encourage in any manner the REVIEW
development of business, commerce, in-
dustry and tourism in the city. Sec. 22-36. Statement of findings and pur-
(8) Investigate sources of financial assistance pose.
available to the city from the governmen- (a) The logo of Cape Canaveral, and its accom-
tal or private sector and assist the city in panying motto "Sun, Space and Sea," signifies
properly applying and promoting the suc- Cape Canaveral's unique cultural character and
cessful acquisition of the assistance. For beauty. Indicative of Cape Canaveral's unique-
the purpose of this article,financial assis- ness is its reputation as primarily a residential
tance may be in the form of grants, low waterfront community with beautiful beaches and
interest loans or physical property,includ- scenic ocean vistas, within close proximity to
ing that of real or personal nature.Activ- several internationally renowned tourist destina-
ity in the private sector will be limited to tions including the Kennedy Space Center and
established foundations. several major cruise ship terminals.
(9) Review and consider the merits of appli- (b) In recognition of Cape Canaveral's unique-
cations for economic development ad va- ness, the city council has determined that a
lorem tax exemptions; make recommen- deliberate and conscientious effort must be made
dations to the city council as to whether or by community leaders, in partnership with archi-
not to grant the exemption, and if the tects, planners, realtors, builders and the Citi-
exemption is granted, the percentage of zenry of Cape Canaveral, to protect the general
the exemption and period of time for the welfare of the community by preserving and im-
exemption; make recommendations re- proving Cape Canaveral's aesthetic appearance,
Supp.No. 21 CD22:4
COMMUNITY DEVELOPMENT §22-39
beauty,and character,so as to ultimately enhance site, development and redevelopment potential.
the quality of life and civic pride of all people who Some local areas of natural beauty are the beaches,
reside, work, vacation, or spend time in Cape ocean and the Banana River. The vistas and
Canaveral. visual delight of these should only be enhanced.
(c) The facilitator of this effort shall be the (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 13-2011,
§ 3, 12-20-11)
community appearance board whose primary pur-
pose shall be to encourage uniform architectural
standards and cohesive community development Sec. 22-37. Board established; membership;
consistent with the intent and purpose of this qualifications of members.
article and the standards necessary to maintain
the "Tree City" designation. (a) Established. There is hereby established a
community appearance board which shall consist
(d) The cultural character and beauty of Cape of seven members.
Canaveral involves, among other things, the aes-
thetic quality of all one sees in moving about the (b) Qualifications. All members shall be qual
entire community. Consequently,the ultimate de- ified by reason of training or expertise in art,
signers and developers of buildings and strut architecture, community planning, land develop-
tures must be informed of the larger context in ment,real estate,landscape architecture or other
which their particular works will be viewed within relevant business or profession, or by reason of
the community. The task of the community ap civic interest so as to be considered a sound judge
pearance board shall be to provide a mechanism of the aesthetic effect and impact upon property
by which proposed new development and modifi values, desirability, and the economic, social and
cations or rehabilitations (of buildings and struc cultural patterns of the community of a proposed
L tures)can be reviewed and approved,in a uniform building or structure on surrounding areas.
manner, so as to be in harmony with the compre- (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 1-98, § 1,
hensive architecturally related policies,objectives 2-17-98; Ord. No. 07 2003, § 2, 3-4-03; Ord. No.
and standards adopted by Cape Canaveral for the 12-2003, § 4, 7-1-03; Ord. No. 13 2011, § 3, 12-20-
overall betterment of the community. 11)
(e) It is recognized by the Florida Supreme Sec. 22-38. Reserved.
Court that zoning solely for aesthetic purposes is
not outside the scope of the police power of mu- Editor's note—Ord. No. 12-2003, § 4, deleted section
22-38,which pertained to rules of conduct of board business
nicipal governments, like Cape Canaveral. It has and derived from Ord. No. 16-95, §2,adopted Dec. 19, 1995.
also been judicially recognized in Florida (and in
other jurisdictions) that the promotion of aes-
thetic beauty also protects property values, tour-
ism, and other economic interests which Cape
Canaveral deems vital to the community. (a) Meetings shall be held as necessary and
when held,preference shall be given to the first or
(f) Zoning is the single most powerful legal third Wednesday of each month. The time and
enforcement of an overall urban concept, but place of meetings, and the order of business and
alone it does not create beauty, aesthetic order, or procedure to be followed at meetings, shall be
amenity. The task of the community appearance prescribed by the board.
board shall be to preserve various elements of
urban beauty and require that new projects being (b) The city shall provide administrative, le
developed enhance existing development and the gal, architectural and other professional expert
landscape of the community. services deemed necessary for the board to per-
form its duties and obligations under this article.
(g) The essential foundation of beauty in coin- (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 12-2003,
munities is harmony.The plan for achieving beauty § 4, 7-1-03; Ord. No. 01 2010, § 2, 1-19-10; Ord.
must grow out of special local characteristics of No. 13-2011, § 3, 12-20-11)
Supp. No. 21 CD22:5
§22-40 CAPE CANAVERAL CODE
Sec. 22-40. Approval prerequisite for per- and in no way shall the applicant construe such
mits. approval as evidence of compliance with any
other applicable city codes and regulations.
(a) Without exception, the following shall be (Ord. No. 16-95, § 2, 12-19-95)
approved by the community appearance board
before a permit is issued for development of Sec. 22-42. Procedure.
property which has an exterior, visual impact or
effect on the community: (a) Submission of application. All applicants
for a building permit, subject to the provisions of
(1) All plans and elevations for buildings or this article, shall submit to the city manager or
structures, except fences, within any zon- designee the documents prescribed in section 22-
ing district, or any alterations thereto. 44, together with an application fee to be adopted
pursuant to appendix B.
(2) Exterior building and roof colors for non-
residential development within the C-1, (b) Scheduling and notice of hearing. Upon
C-2, and M-1 zoning districts, or any receipt of the required documents, the city man-
alterations thereto. ager or designee shall forthwith schedule a hear-
ing on the application before the community ap-
(b) Notwithstanding paragraph (a) of this sec- pearance board. Notice of the time and place of
tion, if the city manager or designee determines the public hearing shall be given to the applicant
(at his or her sole discretion) that an application at least seven days prior to the date of the public
for community appearance approval is minor or hearing. Public notice of the time and place of the
insignificant, the city manager or designee may public meeting shall also be posted at places
grant approval without submitting the applica- within the city deemed reasonably appropriate for
tion to the community appearance board for ap- providing such notice. Public notice shall also
proval, providing the approval is consistent with contain the name of the applicant, a general
the intent and purpose of this article. For pur- description of the property, and a general descrip-
poses of this paragraph, the phrase "minor or tion of the applicant's request.
insignificant"shall mean a small scale renovation
or modification project affecting a small site and (c) Conduct of hearing; approval or denial. At
having a nominal exterior visual impact and the designated public hearing, the community
effect on the community. Any party or person appearance board shall hear the applicant on the
adversely affected by a decision made by the city proposed application, and shall hear from mem-
manager or designee may appeal such decision to bers of the general public in accordance with the
the community appearance board. rules and procedures adopted by the city council
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 04-2003, and the board. During the public hearing, the
§ 2, 2-18-03; Ord. No. 05-2008, § 2, 4-15-08; Ord. applicant may be present in person or by counsel,
No. 13-2011, § 3, 12-20-11) and the applicant has the right to present evi-
dence in support of his position and cross examine
adverse witnesses whose testimony is offered at
Sec. 22-41. Compliance with other code pro- the hearing. The community appearance board
visions. may approve, approve with conditions, or disap-
prove the application only after consideration of
The requirements of this article are deemed whether the following criteria are complied with:
supplemental of, and in addition to, all other
applicable codes adopted by the city including, (1) The plans and specifications of the pro-
but not limited to, the land development regula- posed project indicate that the setting,
tions, and all fire and building regulations. Ap- landscaping, ground cover, proportions,
proval of plans and specifications by the commu- materials,colors,texture,scale,unity,bal-
nity appearance board shall be construed only for ance, rhythm, contrast and simplicity are
the limited purpose of complying with this article, coordinated in a harmonious manner rel-
Supp. No. 21 CD22:6
COMMUNITY DEVELOPMENT §22-43
evant to the particular proposal,surround- effect and promote aesthetic uniformity
ing area and cultural character of the within the district. Bright or brilliant
community. colors shall not be permitted except for
(2) The plans for the proposed building or use as an accent color within the C-1,C-2,
structure are in harmony with any future or M-1 zoning districts.
development which has been formally ap-
proved by the city within the surrounding (d) Limitations on tabling.
area.
(1) No application before the community ap-
(3) The plans for the proposed building or pearance board for a particular develop-
structure are not excessively similar or ment, or part thereof, shall be tabled
dissimilar to any other building or struc- more than once by request of the board.
ture which is either fully constructed, Further attempts by the board to table
permitted but not fully constructed, or such application shall permit the appli-
included on the same permit application, cant to by-pass the board and seek a
and facing upon the same or intersecting hearing before the city council at its next
street within 500 feet of the proposed site, regular meeting. In no way shall the ap-
with respect to one or more of the follow- plicant be permitted to by-pass the board
ing features of exterior design and appear- if the board's reason for tabling the appli-
ance: cation was caused by the applicant's re-
a. Front or side elevations; quest, misconduct or failure to make ade-
b. Size and arrangement of elevation quate preparations for a hearing before
facing the street, including reverse the board.
arrangement; or (2) Notwithstanding the foregoing, the appli-
c. Other significant features of design cant is permitted to request (once as a
such as, but not limited to: materi- matter of right) that the board table a
als, roof line and height or design particular application. Further attempts
elements. by the applicant to table such an applica-
(4) The plans for the proposed building or tion shall be deemed a withdrawal and
structure are in harmony with the estab the applicant shall be prohibited from
re-
lished character of other buildings or strut submitting a substantially similar appli
tures in the surrounding area with re cation for 30 days from the date of with-
spect to architectural specifications and drawal.An application resubmitted shall
design features deemed significant based begin the application process anew,includ-
upon commonly accepted architectural ing the filing of a new application and
payment of all applicable permit fees.
principles of the local community.
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 04-2003,
(5) The proposed development of the building § 2, 2-18-03; Ord. No. 13-2011, § 3, 12-20-11)
or structure is consistent and compatible
with the intent and purpose of this article, Sec. 22-43. Notice of approval or denial.
the Comprehensive Plan for Cape Canav-
eral,and other applicable federal,state or
local laws. (a) Promptly after the community appearance
board has rendered a decision on a particular
(6) Within the C-1, C-2, and M-1 zoning dis- application,the board shall prepare and deliver to
tricts, any exterior building or roof color the applicant thereof a formal written notice
used shall be well designed and inte- which indicates its decision on the application
grated with the architectural style of the (approval, approval with conditions, denial). If
building and surrounding landscaping in the application is approved with conditions, the
order to create a subtle and harmonious notice shall contain a statement which clearly
Supp.No. 21 CD22:7
§22-43 CAPE CANAVERAL CODE
indicates the conditions. If the application is (2) Level 2 review. (Change of exterior build-
denied,the notice shall contain a statement which ing or roof color upon commercial or mixed-
indicates the rationale for denial. use buildings or structures within the C-1,
C-2, M-1, or overlay zoning districts):
(b) Approvals by the board shall be valid for a
maximum of 12 months from the date the board a. Vicinity map locating all zoning clas
renders its approval at a public meeting. If the sifications, including orientation of
applicant fails to obtain a building permit within all color photographs;
the 12-month period, the board's approval shall b. Materials, texture and color board
expire at the end of the period. However, once a depicting location of colors; and
building permit is issued, the approval shall be
c. Minimum of three color photographs
valid for a time period equal to the permit and of site and setting(surrounding area).
shall expire only if the building permit expires. (Ord. No. 16 95, § 2, 12-19-95; Ord. No. 04 2003,
Notwithstanding the aforesaid, the board may § 2, 2-18-03; Ord. No. 07 2003 § 2, 3-4-03; Ord.
approve extensions for good cause shown includ No. 13 2011, § 3, 12-20-11)
ing, but not limited to, a building permit applica-
tion pending with the city related to the approval,
natural disasters, and reasonable permitting and Sec. 22-45. Concept plans.
construction delays.
(Ord. No. 16 95, § 2, 12-19-95; Ord. No. 07 2003, All concept plans submitted for consideration
§ 2, 3-4-03) under this article for the new development of
unimproved property shall indicate the following
sufficiently:
Sec. 22-44. Application criteria.
(1) Dimensions and orientation of the parcel;
Upon an application created by the city man (2) Location, height and use of buildings,
ager or designee, an applicant shall submit the structures and encroachments both exist-
following application criteria to the city manager ing and proposed;
or designee for consideration by the community
appearance board: (3) Location and arrangement of manmade
and natural ground cover;
(1) Level 1 review. (Commercial, residential
subdivisions, four or more multifamily (4) Proposed ingress and egress facilities;
residential, industrial, and mixed-use):
(5) A conceptual preliminary landscaping plan;
a. Vicinity map locating all zoning clas-
sifications, including orientation of (6) Unusual grading or slopes, if any;
all color photographs; (7) Location of walls and fences and the indi-
b. For new development of unimproved cation of their height and the materials of
property, a rendered concept plan their construction;
depicting, in detail, location of land- (8) Location and size and graphic content of
soaping and all the elements on the proposed exterior signs, outdoor advertis-
site; ing or other constructed elements other
c. All preliminary elevations; than habitable space, if any;
d. Materials, texture and colors board (9) Such other architectural and engineering
depicting locations of colors; and data as may be requested to clarify the
presentation.
e. Minimum of three color photographs (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 13-2011,
of site and setting. § 3, 12-20-2011)
Supp. No. 21 CD22:8
COMMUNITY DEVELOPMENT §22-47
Sec. 22-46. Appeals and review.
Any person(s) or the city aggrieved by a final
decision rendered by the community appearance
board may appeal the decision to the city council
pursuant to the procedure set forth in section
110-33 of this Code.
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 39-2003,
§ 2, 11-18-03; Ord. No. 07-2007, § 3, 12-4-07)
Sec. 22-47. Building permits; enforcement.
Unless otherwise provided by this article, no
building permit shall be issued until the commu-
nity appearance board has approved the proposed
building or structure's architectural specifica-
tions and design features,pursuant to this article.
Any final plans and specifications that differ
substantially, in the opinion of the building offi-
cial, from the approved application by the com-
munity appearance board shall be resubmitted
prior to the issuance of the building permit. All
approved specifications and design features shall
become a binding condition of,and made a part of,
the building permit(s) secured for the building or
structure associated therewith. The building per-
mit shall be enforced in a manner similar to all
other building permits issued by the city. The city
shall have the right, power and ability to recover
all costs, expenses and reasonable attorney's fees
("costs") incurred as a result of enforcing he
permit.All costs shall be a lien on the property to
which the building or structure is associated from
the date the costs become due until the costs are
paid.The owner of the property shall be obligated
to pay the costs,which obligation may be enforced
by the city by action at law or suit to enforce the
lien in the same manner as the foreclosure of
mortgages.
(Ord. No. 16-95, § 2, 12-19-95)
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Chapter 35
RESERVED
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Chapter 36
FAIR HOUSING
Article I. In General
Sec. 36-1. Declaration of policy.
Sec. 36-2. Definitions.
Sec. 36-3. Administrator authority and responsibilities.
Sec. 36-4. Complaints.
Sec. 36-5. Processing complaints.
Sec. 36-6. Additional remedies.
Sec. 36-7. Education and public information.
Sec. 36-8. Untruthful complaints or testimony.
Sec. 36-9. Penalty.
Secs. 36-10-36-20. Reserved.
Article II. Discriminatory Practices
Sec. 36-21. Unlawful housing practices.
Sec. 36-22. Exemptions and exceptions.
Secs. 36-23-36-30. Reserved.
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Supp.No.21 CD36:1
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FAIR HOUSING §36-2
ARTICLE I. IN GENERAL Owner: Any person, including, but not limited
to a lessee, subleasee [sublessee], assignee, man-
Sec. 36-1. Declaration of policy. ager, or agent, and also including the city and its
departments or other subunits, having the right
It is the policy of the City of Cape Canaveral in of ownership or possession or the authority to sell
keeping with the laws of the United States of or lease any housing accommodation.
America and the spirit of the Constitution of the
State of Florida, to promote, through fair, orderly Person: One or more individuals, corporations,
and lawful procedure, the opportunity for each partnerships, associations, labor organizations,
person so desiring to obtain housing of such legal representatives, mortgage companies, joint
person's choice in this jurisdiction without regard stock companies,trusts,unincorporated organiza-
to race, color, ancestry, national origin, religion, tions, or public corporations, including, but not
sex, marital status, familial status, handicap or limited to the city or any department or subunit
age,and,to that end,to prohibit discrimination in thereof.
housing by any person.
(Ord. No. 10-2011, § 2, 10-18-11) Real estate agent: Any real estate broker, any
real estate salesperson, or any other person, em-
Sec. 36-2. Definitions. ployee, agent, or otherwise, engaged in the man-
agement or operation of any real property.
As used in this chapter, the following words
shall be defined as follows: Real estate broker or salesperson: A person,
Administrator: The administrator shall be the whether licensed or not, who, for or with the
Cape Canaveral City Manager or his or her des- expectation of receiving a consideration, lists
01161., ignee.
sells, purchases, exchanges, rents, or leases real
property, or who negotiates or attempts to nego-
Age:Unless the context clearly indicates other- tiate any of these activities, or who holds himself
wise, the work [word] age as used herein shall or herself out as engaged in these activities, or
refer exclusively to persons who are 18 years of who negotiates or attempts to negotiate a loan
age or older. secured or to be secured by mortgage or other
encumbrance upon real property, or who is en-
Discriminatory housing practice:An act that is gaged in the business of listing real property in a
unlawful under section 36-21, herein. publication; or a person employed by or acting on
Family:One or more persons living together as behalf of any of these.
a single housekeeping unit in a dwelling. Real estate transaction: Includes the sale, pur-
Housing or housing accommodation:Any build- chase, exchange, rental or lease of real property,
ing, structure, or portion thereof, mobile home or and any contract pertaining thereto.
trailer, or other facility which is occupied as, or
designed or intended for occupancy as, a resi- Rent: Includes leases, sublease, assignment
dence by one or more families, and any vacant and/or rental, including any contract to do any of
land which is offered for sale or lease for the the foregoing, or otherwise granting for a consid-
construction or location thereon of any such build- eration the right to occupy premises that are not
ing, structure, or portion thereof, mobile home or owned by the occupant.
trailer or other facility.
Respondent: Any person against whom a com-
Lending institution:Any bank, insurance corn- plaint is filed pursuant to this chapter.
pany, savings and loan association or any other
person or organization regularly engaged in the Sale:Includes any contract to sell,exchange,or
business of lending money,guaranteeing loans,or to convey, transfer or assign legal or equitable
Loo? sources of credit information, including, but not title to, or a beneficial interest in, real property.
limited to, credit bureaus. (Ord. No. 10-2011, § 2, 10-18-11)
Supp.No.21 CD36:3
§36-3 CAPE CANAVERAL CODE
Sec. 36-3. Administrator authority and re- (c) Promulgation of forms and regulations.The
sponsibilities. administrator shall promulgate, publish and dis-
tribute the necessary forms,rules and regulations
(a) General powers and duties. The adminis- to implement the provisions of this chapter.
trator shall: (Ord. No. 10-2011, § 2, 10-18-11)
(1) Receive written complaints as hereinafter
provided in section 36-4,herein relative to Sec. 36-4. Complaints.
alleged unlawful acts under this chapter
when a complainant seeks the adminis- (a) A person who claims that another person
trator's good offices to conciliate. has committed a discriminatory housing practice
against him or her may report that offense to the
(2) Upon receiving written complaint, make administrator by filing an informal complaint
such investigations as the administrator within 45 days after the date of the alleged
deems appropriate to ascertain facts and discriminatory housing practice and not later.
issues.
(3) Utilize methods of persuasion, concilia (b) The administrator shall treat a complaint
tion, and meditation or information ad referred by the Secretary of Housing and. Urban
justment of grievances. Development or the Attorney General of the United
States under the Fair Housing Act of 1968,Public
(4) Establish, administer or review programs Law 90-284, as an informal complaint filed under
at the request of the city council and make subsection (a).
reports on such programs to the city coun-
cil. (c) An informal complaint must be in writing,
verified or affirmed, on a form to be supplied by
(5) Bring to the attention of the city council the administrator and shall contain the following:
items that may require city council notice
or action to resolve. (1) Identity and address of the respondent.
(6) Render to the city council annual written (2) Date of offense and date of filing the
reports of his or her activities under the informal complaint.
provisions of this chapter along with such
comments and recommendations as he or (3) General statement of facts of the offense
she may choose to make. including the basis of the discrimination
(7) Cooperate with and render technical as- (race, color, ancestry, national origin, reli-
gion, sex, marital status, familial status,
sistance to federal, state, local and other handicap or age).
public and private agencies, organiza-
tions and institutions which are formulat- (4) Name and signature of the complainant.
ing or carrying on programs to prevent or
eliminate the unlawful discriminatory prac- (d) Each complaint shall be held in confidence
tices covered by the provisions of this by the administrator unless and until the com-
chapter. plainant and the respondent(s)consent in writing
that it shall be made public.
(b) Determination of probable cause. If, after
fully processing the complaint in the manner (e) Within 15 days after the filing of the infor-
hereafter provided, the administrator determines mal complaint,the administrator shall transmit a
that there is probable cause to believe that there copy of the same to each respondent named therein
has been a violation of the provisions of this by certified mail,return receipt requested.There-
chapter, the administrator shall refer the matter, upon, the respondent(s) may file a written, veri-
along with the facts he or she has gathered in the fled informal answer to the informal complaint
investigations, to the proper county, state or fed- within 20 days of the date of the receipt of the
eral authorities for appropriate legal action. informal complaint.
Supp. No. 21 CD36:4
FAIR HOUSING §36-8
(f) An informal complaint or answer may be (c) If the administrator deems that there is not
amended at any time,and the administrator shall probable cause to believe that the alleged discrim-
furnish a copy of each amended informal corn- inatory housing practice has been committed, the
plaint or answer to the respondent(s) complaint, administrator shall take no further action with
respectively, as promptly as practicable. respect to the alleged offense.
(g) The administrator shall assist complain- (d) If the administrator, with respect to any
ants or respondents when necessary in the prep- matter [that] involves a contravention of this
aration and filing of informal complaints or an- chapter by failure to conciliate a complaint after
swers or any amendments thereto. the parties, in good faith, have attempted such
conciliation; or determining that the violation
(h) The administrator shall advise complain- alleged in the complaint cannot be resolved by
ants of their rights and options provided in F.S. conciliation, the administrator shall notify both
§ 760.34. the complainant and the respondent(s) within 30
(Ord. No. 10 2011, § 2, 10-18-11) days of the failure or the determination, and then
shall proceed as provided in section 36-3(c)herein.
Sec. 36-5. Processing complaints. (Ord. No. 10-2011, § 2, 10-18-11)
(a) Within 30 days after the filing of an infor-
Sec. 36-6. Additional remedies.
mal complaint,the administrator shall make such
investigation as is deemed appropriate to aster The procedure prescribed by this chapter does
tam facts and issues. If the administrator shall not constitute an administrative prerequisite to
deem that there are reasonable grounds to believe
Lore" that a violation has occurred and can be resolved another action or remedy available under other
by conciliation,the administrator shall attempt to law. Further, nothing in this chapter shall be
conciliate the matter by methods of initial confer- deemed to modify, impair or otherwise affect any
ence and persuasion with all interested parties right or remedy conferred by the Constitution or
and such representatives as the parties may choose laws of the United States or the State of Florida,
to assist them. Conciliation conferences shall be and the provisions of this chapter shall be in
informal and nothing said or done in the course of addition to those provided by such other laws.
the informal conference with the individuals to (Ord. No. 10-2011, § 2, 10-18-11)
resolve the dispute may be public or used as
evidence in a subsequent proceeding by either Sec. 36-7. Education and public informa-
party without the written consent of both the tion.
complainant and the respondent(s). The adminis-
trator or employee of the administrator who shall The administrator may conduct educational
make public any information in violation of this and public informational activities that are de-
provision shall be deemed guilty of a violation of a signed to promote the policy of this chapter.
city ordinance and shall be subject to penalty as (Ord. No. 10-2011, § 2, 10-18-11)
set forth in section 36-9.
(b) If the parties desire to conciliate, the terms Sec. 36-8. Untruthful complaints or testi-
of the conciliation shall be reduced to writing in mony.
the form approved by the administrator and must
be signed and verified by the complainant and It shall be a violation of this chapter for any
respondent(s)and approved by the administrator. person knowingly and willfully to make false or
The conciliation agreement shall be for concilia- untrue statements,accusations or allegations in a
tion purposes only and shall not constitute an complaint filed hereunder or to give false testi-
admission by any party that the law has been mony concerning violations of this chapter.
violated. (Ord. No. 10-2011, § 2, 10-18-11)
Supp. No. 21 CD36:5
§36-9 CAPE CANAVERAL CODE
Sec. 36-9. Penalty. (7) To make, print, publish, circulate, post or
This chapter, except for section 36-8, shall not mail or cause to be made, printed, pub
be covered by the general penalty for violation of lished or circulated, any notice, state
this Code. It is the intention that violations of this ment, advertisement or sign, or to use a
chapter shall be resolved by the procedures pro- form of application or photograph for a
vided for within this chapter or by application of real estate transaction or, except in con
the laws and Constitution of the State of Florida nection with a written affirmative action
and the United States. plan, to make a record or oral or written
inquiry in connection with a prospective
Secs. 36-10-36-20. Reserved. real estate transaction, which indicates
directly or indirectly an intent to make a
limitation, specification, or discrimina-
ARTICLE II. DISCRIMINATORY tion with respect thereto.
PRACTICES (8) To offer, solicit, accept, use or retain a
listing of housing with the understanding
Sec. 36-21. Unlawful housing practices. that a person maybe discriminated against
(a) Sale or rental and advertising in connec in a real estate transaction or in the
tion therewith.Except as provided in section 36-22 furnishing of facilities or services in con
herein, it shall be unlawful and a discriminatory nection therewith.
housing practice for an owner,or any other person (9) To induce or attempt to induce any person
engaging in a real estate transaction, or for a real to transfer an interest in any housing by
estate broker, as defined in this chapter, because representations regarding the existing or
of race, color, ancestry, national origin, religion, potential proximity of housing owned,used
sex, marital status, familial status, handicap or or occupied by any person protected by
age: the terms of this chapter.
(1) To refuse to engage in a real estate trans- (10) To make any misrepresentations concern-
action with a person or to otherwise make ing the listing for sale or rental, or the
unavailable or deny housing to any per- anticipated listing for sale or rental, or
son. the sale or rental of any housing in any
(2) To discriminate against a person in the area in the City of Cape Canaveral for the
terms, conditions or privileges of a real purpose of inducing or attempting to in-
estate transaction or in the furnishing of duce any such listing or any of the above
facilities or services in connection there- transactions.
with. (11) To retaliate or discriminate in any man-
(3) To refuse to receive or to fail to transmit a ner against any person because of his or
bona fide offer to engage in a real estate her opposing a practice declared unlawful
transaction from a person. by this chapter, or because he or she has
filed a complaint, testified, assisted or
(4) To refuse to negotiate for a real estate
participated in any manner in any inves-
transaction with a person. tigation, proceeding or conference under
(5) To represent to a person that housing is this chapter.
not available for inspection,sale,rental or
lease when,in fact,it is so available,or to (12) To aid, abet, incite, compel or coerce any
person to engage in any of the practices
fail to bring a property listing to such prohibited by the provisions of this chap-
person's attention, or to refuse to permit ter, or to obstruct or prevent any person
him or her to inspect the housing. from complying with the provisions of this
(6) To steer any person away from or to any chapter, or any conciliation agreement
housing. entered into thereunder.
Supp. No. 21 CD36:6
FAIR HOUSING §36-22
‘111110e
(13) By canvassing to compel any unlawful that nothing contained in this subsection shall
practices prohibited by the provisions of impair the scope or effectiveness of the exceptions
this chapter. contained in section 36-22.
(14) Otherwise to deny to, or withhold, any (c) Brokerage services. It shall be unlawful and
housing accommodations from a person. a discriminatory housing practice to deny any
person access to or membership or participation
(15) To promote, induce, influence or attempt in any multiple listing service,real estate brokers
to promote, induce or influence by the use organization or other service, organization, or
of postal cards, letters, circulars, tele- facility related to the business of selling, or rent-
phone, visitation or any other means, di- ing housing, or to discriminate against such per-
rectly or indirectly, a property owner, oc- son in the terms or conditions of such access,
cupant, or tenant to list for sale, sell, membership or participation because of race,color,
remove from, lease, assign, transfer, or ancestry, national origin, religion, sex, marital
otherwise dispose of any housing by refer- status, familial status or age.
ring as a part of a process or pattern of (Ord. No. 10-2011, § 2, 10-18-11)
indicating neighborhood unrest, commu-
nity tension, or fear of racial, color, reli- Sec. 36-22. Exemptions and exceptions.
gious, nationality or ethnic change in any
street, block, neighborhood or any other (a) Nothing contained in section 36-21 herein
area, to the race, color, religion, neigh- shall prohibit a religious organization, associa-
bors, tenants or other prospective buyers tion, or society, or any nonprofit charitable or
of any housing. educational institution or organization operated,
supervised or controlled by or in conjunction with
Lire (16) To place a sign or display any other devise a religious organization, association, or society,
[device] either purporting to offer for sale, from limiting or from advertising the sale, rental
lease, assignment, transfer or other dis- or occupancy of housing which it owns or operates
position or tending to lead to the belief for other than a commercial purpose to persons of
that a bona fide offer is being made to sell, the same religion, or from giving preference to
lease, assign, transfer or otherwise dis- such persons. Nor shall anything in this chapter
pose of any housing that is not in fact prohibit a private club not in fact open to the
available or offered for sale, lease, assign- public, which as an incident to its primary pur-
ment, transfer or other disposition. pose or purposes,provides lodgings which it owns
or operates for other than a commercial purpose,
(b) Financing. It shall be unlawful and a dis- from limiting the rental or occupancy of such
criminatory housing practice for any lending in- lodgings to its members or from giving preference
stitution to deny a loan or other financial assis- to its members.
tance to a person applying therefore for the purpose
of purchasing, constructing, improving, repairing (b) Nothing in section 36-21 herein,other than
or maintaining housing,or to discriminate against subsection (a)(7) thereof, shall apply to:
such person in the fixing of the amount, interest (1) Any single-family house sold or rented by
rate, duration, or other terms or conditions of an owner: provided, that such private
such loan or other financial assistance,because of individual owner does not own more than
the race, color, ancestry, national origin, religion, three such single-family houses at any
sex, marital status, familial status, handicap or one time; provided, further, that in the
age of such person or of any person associated case of the sale of any such single-family
with such person in connection with such loan or house by a private individual owner not
other assistance, or of the present or prospective residing in such house at the time of such
owners,lessees,tenants or occupants of the hous- sale or who was not the most recent
Lise" ing in relation to which such loan or other finan-
cial assistance is to be made or given; provided the exemption granted by this subsection
Supp.No. 21 CD36:7
§36-22 CAPE CANAVERAL CODE
shall apply only with respect to one such (c) For the purpose of this subsection a person
sale within any 24-month period; pro- shall be deemed to be in the business of selling or
vided, further, that it does not own any renting housing if:
interest in,nor is there owned or reserved
on such owner's behalf,under any express (1) He or she has, within the preceding 12
or voluntary agreement, title to or any months, participated as principal, other
rights to all or a portion of the proceeds than in the sale of his or her own personal
from the sale or rental of,more than three residence, in providing sales or rental
such single-family houses at any one time; facilities or sales or rental services in
provided, further, that the owner sells or three or more transactions involving the
rents such housing(1)without the use in sale or rental of any housing or any inter
any manner of the sales or rental facilities est therein; or
or the sales or rental services of any real (2) He or she has, within the preceding 12
estate broker, agent, or salesperson, or of months, participated as agent,other than
such facilities or services of any person in in the sale of his or her own personal
the business of selling or renting housing, residence, in providing sales or rental
or of any employee or agency of any such facilities or sales or rental services in two
broker, agent, salesperson, or person and or more transactions involving the sale or
(2) without the publication, posting, or rental of any housing or any interest
mailing, after notice, of any advertise- therein; or
ment or written notice in violation of (3) He or she is the owner of any housing
subsection 36-21(a)(7)herein,but nothing designed or intended for occupancy by, or
in this provision shall prohibit the use of occupied by, five or more families.
attorneys, escrow agents, abstracters, ti-
tle companies, and other such profes- (d) Nothing in section 36-21 hereof shall be
J
sional assistance as necessary to perfect construed to:
or transfer the title; or
(1) Bar any person from restricting sales,
(2) Rooms or units in housing containing liv- rentals, leases or occupancy, or from giv-
ing quarters occupied or intended to be ing preference, to persons of a given age
occupied by no more than four families for bona fide housing intended solely for
living independently of each other, if the the elderly or bona fide housing intended
owner actually maintains and occupies solely for minors.
one of such living quarters as such own-
er's residence, provided that the owner (2) Make it an unlawful act to require that a
sells or rents such rooms or units (1) person have legal capacity to enter into a
without the use in any manner of the
contract or lease.
sales or rental services of any real estate (3) Bar any person from advertising or from
broker, agent or salesperson, or of such refusing to sell or rent any housing which
facilities or services of any person in the is planned exclusively for, and occupied
business of selling or renting housing, or exclusively by, individuals of one sex, to
of any employee or agency of any such any individual of the opposite sex.
broker, agent salesperson, or person and
(2) without the publication, posting or (4) Bar any person from selling, renting or
mailing after notice in violation of sub advertising any housing which is planned
section (a)(7) of section 36-21 herein, but exclusively for, and occupied exclusively
nothing in this provision shall prohibit by, unmarried individuals to unmarried
the use of attorneys, escrow agents, individuals only.
ab-
stracters, title companies, and other such (5) Bar any person from advertising or from
professional assistance as necessary to refusing to sell or rent any housing which
perfect or transfer the title. is planned exclusively for married couples „.4801)
Supp.No. 21 CD36:8
FAIR HOUSING §36-30
Llioe
without children or from segregating fam-
ilies with children to special units of hous-
ing.
(6) Bar any person from refusing a loan or
other financial assistance to any person
whose life expectancy, according to gener-
ally accepted mortality tables,is less than
the term for which the loan is requested.
(Ord. No. 10-2011, § 2, 10-18-11)
Secs. 36-23-36-30. Reserved.
Low,
Lope
Supp. No. 21 CD36:9
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Chapter 37
RESERVED
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LIBRARY §46-33
ARTICLE I. IN GENERAL Sec. 46-31. Liability of city limited.
The city shall not be liable in any way for any
Sec. 46-1. Established. acts done or undertakings begun or duties and
There is established in the city a public library liability made, assumed or created by the library
for the use and enjoyment of the citizens and board, unless it shall first obtain from the city
residents of the city and the adjoining environs, council its approval.
including the county,which shall be known as the (Code 1981, § 253.04)
Cape Canaveral Public Library.
(Code 1981, § 253.01) Sec. 46-32. Reports to council.
(a) The library board shall, on or before the
second Monday in June in each year, make a
Secs. 46-2-46-25. Reserved. report to the city council of the condition of their
trust on June 1 in such year, showing the follow-
ARTICLE II. LIBRARY BOARD* ing:
(1) All moneys received or expended;
Sec. 46-26. Created. (2) The number of books and periodicals on
There is created a library board to consist of hand;
seven members. (3) Newspapers and current literature sub-
(Code 1981, § 253.02(A); Ord. No. 51-93, § 1, scribed for or donated to the reading room
1-4-94; Ord. No. 13-2011, § 4, 12-20-11) department;
Loe (4) The number of books and periodicals or-
Sec. 46-27. Expenditures. dered by purchase,gift or obtained during
the year and the number lost or missing;
The library board shall have exclusive control
of expenditures of all monies collected or donated (5) The number of visitors attending;
to the credit of the library fund. (6) The number of and character of books
(Code 1981, § 253.02(B); Ord. No. 12-2003, § 5, loaned or issued; and
7-1-03)
(7) Such statistics, information and sugges-
tions as they may deem of general inter-
Sec. 46-28. Reserved. est or as the city council may require.
Editor's note—Ord. No. 12-2003, § 5, adopted July 1, (b) The report shall be verified by affidavit of
2003,deleted section 46-28,which pertained to amendment of
bylaws and derived from Code 1981,§ 253.10. the proper officers of the board.
(Code 1981, § 253.09)
Sec. 46-29. Reserved. Sec. 46-33. Indebtedness.
Editor's note—Ord. No. 12-2003, § 5, adopted July 1,
2003, deleted section 46-29, which pertained to vacation of The library board shall not incur any debts or
office. enter into any contracts or obligations which
would be enforceable against the city,unless prior
Sec. 46-30. Meetings. approval has been obtained from the city council.
(Code 1981, § 251.05)
The library board shall meet not less than
twice a year, and more often if necessary to carry
into effect and operation its duties and powers.
(Code 1981, § 253.03)
CISe *Cross reference—Boards,committees,commissions,§2-
171 et seq.
Supp.No. 21 CD46:3
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Chapter 54
PARKS AND RECREATION*
Article I. In General
Sec. 54-1. Glass containers prohibited.
Sec. 54-2. Park hours.
Sec. 54-3. Open fires restricted.
Sec. 54-4. Commercial solicitation.
Sec. 54-5. Commercial beach vendor franchises.
Secs. 54-6-54-25. Reserved.
Article II. Culture and Leisure Services Board
Sec. 54-26. Established.
Sec. 54-27. Reserved.
Sec. 54-28. Duties.
Sec. 54-29. Indebtedness.
Secs. 54-30-54-45. Reserved.
Article III. Vessel Control and Water Safety
Sec. 54-46. Purpose and findings.
Sec. 54-47. Definitions.
Sec. 54-48. Area of enforcement.
Sec. 54-49. Means of enforcement.
Sec. 54-50. Careful and prudent operation required.
Sec. 54-51. Speed not to be greater than what is reasonable under the
conditions.
Sec. 54-52. Designation of areas of regulated water activities.
Sec. 54-53. Procedure for designating additional areas of regulated water
activities.
Sec. 54-54. Exemptions.
Sec. 54-55. Penalties.
*Cross references—Impact fees, §2-231 et seq.;possession of alcoholic beverages on streets, alleys,sidewalks and parking
areas restricted,§6-51;possession or consumption of alcoholic beverages in parks and recreation areas prohibited,§6-52;outdoor
LI1101 entertainment, § 10-46 et seq.; regulations regarding sea turtles, § 14-51 et seq.; litter, § 34-26 et seq.; dedicated public lands,
§ 110-476.
Supp. No. 21 CD54:1
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PARKS AND RECREATION §54-5
ARTICLE I. IN GENERAL goods, promotional schemes, advertising pro-
grams or property of any kind or character in the
Sec. 54-1. Glass containers prohibited. following locations in the city:
(1) All of the sand beach areas between the
It shall be unlawful for any person to take onto Atlantic Ocean and the city set back line
a city park or ocean beach or to have in his for beachfront lots, except as authorized
possession on a city park or dune crossover any by franchise agreement pursuant to sec-
glass bottle, drinking glass or other glass con- tion 54-5, herein
tainer.
(Code 1981, § 606.05) (2) All public parking lots and facilities for
Cross reference—Waterways,ch. 106. beach or park access,including dune cross-
overs.
Sec. 54-2. Park hours. (3) All publicly owned parks.
Except for city-approved scheduled park activ The words "solicit" or"canvass" as used herein
ities,all city parks,except for Manatee Sanctuary shall include any act, delivery or exchange not
Park,shall be closed during the hours of 9:00 p.m. initiated by the prospective customer, which di
to 7:00 a.m. Manatee Sanctuary Park shall be rects attention to any business, mercantile or
closed from 45 minutes after sunset until 7:00 commercial establishment or enterprise, or any
a.m.the following morning,unless the city autho other commercial activity, for the purpose of di-
rizes different park hours. The use of any parks rectly or indirectly promoting commercial inter-
during closed hours by an individual or organza ests through sales, rentals or any exchange of
Ley tion shall be expressly prohibited. Any person value.
who knowingly violates any provision of this (Ord. No. 26 2003, § 2, 9-2-03; Ord. No. 14 2010,
section shall,upon conviction,be punished accord- § 2, 12-21-10)
ing to law and shall be subject to a fine not
exceeding the sum of$500.00 or imprisonment in Sec. 54-5. Commercial beach vendor fran-
the county jail for a period not exceeding 60 days, chises.
or both such fine and imprisonment. (a) Authority. The city council may enter into
(Ord. No. 10-96, § 1, 6-18-96; Ord. No. 21-2004, franchise agreements granting the right, privi-
§ 2, 11-16-04) lege and franchise to use the sand beach areas
within the city's jurisdictional boundaries to so-
Sec. 54-3. Open fires restricted. licit, canvass or merchandise for the sale of food
and nonalcoholic beverages. Said franchise agree-
No person shall ignite or participate in igniting ments shall be for the purpose of a particular
an open fire in, on or over the beaches or public person or entity operating a commercial beach
parks within the City of Cape Canaveral includ- vending business in the city in conformity with,
ing campfires and bonfires. Notwithstanding the and subject to, all provisions, terms and condi-
foregoing, lighting a fire for the purpose of cook- tions of this section.A person's or entity's right to
ing is permitted provided such fire is contained use the city's beaches for the franchise purposes
wholly within a container or device manufactured stated herein shall not be exclusive and the city
for cooking purposes and approved by the city's reserves the right to grant the use of its beaches
fire chief or his designee. to any person at any time during the period of any
(Ord. No. 01-2003, § 3, 1-21-03) franchise awarded pursuant to this article.
(b) Award of franchise. All franchises granted
Sec. 54-4. Commercial solicitation. hereunder shall be awarded by the city council
through the submission and consideration of coin-
No person shall solicit,canvass or merchandise petitive bids pursuant to all applicable laws and
Low, for the sale or rental of merchandise, services, policies. Franchises shall not exceed a term of
Supp.No.21 CD54:3
§54-5 CAPE CANAVERAL CODE
three years and no more than two franchises shall background check. The city reserves the
be in effect at any given time. In considering any right to refuse to award a franchise or to
bids submitted for a franchise under this section, terminate an existing franchise in the
the city council shall consider the following trite- event any principal or any person conduct-
ria in addition to any criteria included in the bid ing beach vending activities on city beaches
specifications: has been convicted of a felony within the
(1) The effects the proposed franchise would past five years.
have on the public's use and enjoyment of (4) Franchisees shall be required to furnish a
the city's beaches; fully paid commercial general liability dam-
(2) The effects the proposed franchise would age and food and beverage liability insur
have on public safety; ance policy.Such insurance policy shall be
procured by the franchisee from a corn-
(3) The performance history of the proposed pany licensed to do business in the state.
franchisee, if any; The policy must protect the city, its offi-
(4) The environmental impacts of proposed cers, agents, and attorneys from any and
franchise activities; all claims or damages to property and or
bodily injury which may result from or in
(5) Public input; connection with any of the operations
(6) The ability of the bidder to comply with carried on by franchisee,list the city as an
the minimum requirements of franchises additional named insured,and provide for
under subsection (d); a deductible deemed acceptable by the
city manager. The franchisee shall also
(7) The prices offered for the sale of food and provide proof of worker's compensation
beverages; and insurance at the limits provided by the
(8) Any other criteria deemed relevant by the Florida statutes.
city council. (5) Franchisees shall, to the fullest extent
(c) Franchise fee. The city council shall impose permitted by law, indemnify and hold
a franchise fee upon any person or entity that harmless the city and its employees, offi
enters into a franchise agreement with the city cers, and attorneys from and against all
pursuant to this section. claims,losses, damages, personal injuries
(including, but not limited to, death), or
(d) Minimum requirements of franchisees. liability (including reasonable attorney's
(1) If the franchisee is a corporation or other
fees),which directly or indirectly arise out
entity,it shall provide documentation that of, or result from any act or failure to act
it is duly registered to conduct business in of franchisee which in any way is related
the state. to franchisee's activities or services under
the franchise.
(2) Franchisee shall provide the city with a (6) Prior to commencing vending activities
detailed description of the scope of its under an awarded franchise, franchisee
proposed beach vending operation,includ must obtain and maintain in good stand-
ing,but not limited to,a description of the ing all food, beverage, business tax and
food and beverages to be sold; number other local and state licenses.
and description of carts or other appara-
tus used to store or transport merchan- (7) Franchisee shall fully comply with all
dise; name of each employee, and the terms and conditions of any franchise
proposed price of all merchandise. agreement with the city.
(3) The principal of any franchisee and all (e) Manner and conduct of beach vending.Beach
persons conducting beach vending activi- vending authorized by franchise under this sec-
ties on city beaches shall be subject to a tion shall only be authorized between the hours of
Supp.No. 21 CD54:4
PARKS AND RECREATION §54-29
Le.
9:00 a.m. and dusk daily and shall be conducted (3) Within pedestrian beach approaches; or
in a manner that is consistent with the public's
use of the beach as a passive and active recre (4) Within 25 feet of any lifeguard tower or
ational facility and with the public's expectation facility.
that activities and services provided on the beach (i) Termination or suspension of franchise. The
will enhance one's enjoyment of their beach expe-
city council may terminate any franchise awarded
rience. As such, no person or entity operating under this section upon a finding that the fran-
under a commercial beach vendor franchise shall: chisee has violated the provisions of this section
(1) Solicit a person whose eyes are closed; or has defaulted under, or otherwise violated, the
(2) Touch a person without consent during a franchise agreement.
solicitation; (Ord. No. 14-2010, § 2, 12-21-10)
(3) Continue a solicitation after receiving a
negative response from the person solic Secs. 54-6-54-25. Reserved.
ited;
(4) Impede the free movement of any person; ARTICLE II. CULTURE AND LEISURE
(5) Operate a motorized beach vending vehi SERVICES BOARD*
cle or cart on the beach or within re-
stricted areas; or Sec. 54-26. Established.
(6) Solicit using any loud sound, vociferous There is created a culture and leisure services
speech, boisterous conduct or profane or board to consist of seven members.
vulgar language. (Code 1981, § 255.01; Ord. No. 53-93, § 1, 1-4-94;
(f) Minimum appearance/dress requirements. Ord. No. 12-2003, § 6, 7-1-03; Ord. No. 13-2011,
Persons engaging in commercial beach vending § 5, 12-20-11)
shall be required to wear at a minimum an
opaque short sleeve T-shirt and opaque short Sec. 54-27. Reserved.
pants covering the pelvic area, around the waist, Editor's note—Ord. No. 12-2003, § 6, deleted § 54-27,
and the upper part of the legs. The T-shirt shall which pertained to vacation of office.
prominently display the business name of the
franchisee. Sec. 54-28. Duties.
(g) Identification requirements. The culture and leisure services board shall
(1) Franchisees shall display their beach vend- advise the city on matters pertaining to cultural
ing license so that it is visible to patrons, events, public parks and recreation and shall
either on their person or on their vending serve in such other similar matters as the city
apparatus, at all times while engaging in may direct.
commercial beach vending; (Code 1981, § 255.02; Ord. No. 13-2011, § 5,
(2) The cart or other vending apparatus must 12-20-11)
display the prices for all items offered for
sale. Sec. 54-29. Indebtedness.
(h) Location of commercial beach vending. Com- The culture and leisure services board shall not
mercial beach vending shall be prohibited within incur any debts or enter into any contracts or
the following areas:
*Editor's note—Ord. No. 13-2011, § 5, adopted Dec. 20,
(1) Within conservation areas,dunes or other 2011,amended the title of Art.II to read as herein set out.The
protected zones; previous title was"Recreation Board."
Cross reference—Boards,committees,commissions,§2-
(2) Within beach parking areas; 171 et seq.
Supp.No. 21 CD54:5
§54-29 CAPE CANAVERAL CODE
obligations which would be enforceable against number, and the words in the singular number
the city, unless prior approval has been obtained. include the plural number. The word "shall" is
(Code 1981, § 251.05; Ord. No. 13-2011, § 5, always mandatory and not merely directory.
12-20-11) (Ord. No. 14-95, § 1, 8-15-95; Ord. No. 22-2003,
§ 2, 9-2-03)
Secs. 54-30-54-45. Reserved.
Sec. 54-48. Area of enforcement.
ARTICLE III. VESSEL CONTROL AND The area of enforcement of the provision of this
WATER SAFETY
article shall be the Atlantic Ocean and Banana
River located within Cape Canaveral, Florida.
Sec. 54-46. Purpose and findings. (Ord. No. 14 95, § 1, 8-15-95)
(a) The purpose of this article shall be to
promote safety in and between boating, swim- Sec. 54-49. Means of enforcement.
ming and other water related activities in the city.
(b) The city does hereby declare that the public The provision of this article shall be enforced
health, safety and welfare of the citizens of the by members of all duly authorized law enforce
city and others requires designation of specific ment agencies within the city.
areas within which the operation of vessels may (Ord. No. 14 95, § 1 8-15-95)
be regulated or prohibited.
(Ord. No. 14-95, § 1, 8-15-95) Sec. 54-50. Careful and prudent operation
required.
Sec. 54-47. Definitions.
Every person operating any vessel in or under
For the purposes of this article, the following any waters within the area of enforcement as set
terms, phrases, words and derivations shall have forth above shall do so in a careful and prudent
the meaning given herein: manner, taking into consideration the weather
Bather means any person who is in the same conditions and range of visibility, water turbu-
body of water as a vessel, whether such person is lence, proximities to fishermen, bathers, water-
swimming, wading or engaged in any other activ- skiers,divers and other boats and watercraft,and
ity in the water. all other attendant circumstances so as not to
endanger the life, limb or property of any person.
Idle speed means the lowest speed at which a Failure to operate a vessel in such a careful and
vessel can operate and maintain steering control. prudent manner shall constitute careless boating
in violation of this article.
Operate means to navigate or otherwise use (Ord. No. 14 95, § 1, 8-15-95)
any vessel in or on the water.
Person means any individual,partnership,firm,
Sec. 54-51. Speed not to be greater than what
corporation, association or other entity.
is reasonable under the condi-
Vessel means every description of watercraft tions.
and airboat used or capable of being used as a
means of transportation or recreation on the Nothing contained in this article shall be con-
water.As used in this article,the terms"boat"and strued to authorize or approve any speed greater
"watercraft" are synonymous with "vessel." than is reasonable and proper in consideration of
local conditions, other water traffic, fishermen,
When not inconsistent with the context, words waterskiers or bathers in the area, or other haz-
used in the present tense include the future, ards.
words in the plural number include the singular (Ord. No. 14-95, § 1, 8-15-95)
',NO)
Supp.No. 21 CD54:6
PARKS AND RECREATION §54-55
Liiof
Sec. 54-52. Designation of areas of regu- onment in the county jail for a period of not
lated water activities. exceeding 60 days, or both such fine and impris-
onment.
All waters within 300 feet offshore from all (Ord. No. 14 95, § 1, 8-15-95)
beaches and shorefront bathing areas or shoreline
of the Banana River,whether or not so designated
with appropriate signs are hereby designated as
areas of regulated water activities.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-53. Procedure for designating addi-
tional areas of regulated water
activities.
By ordinance, the city council may designate
additional specific areas as an "area of regulated
water activities" as described in section 54-52. In
designating such areas,the city council shall hear
all testimony presented and make a finding that
the designation is necessary for the safety and/or
welfare of the citizens of the city. Upon the adop-
tion of such an ordinance, the city shall publish
the ordinance one time in a newspaper of general
circulation in the county after which the designa-
L tion of the area shall be complete and binding.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-54. Exemptions.
(a) The provisions of this article shall not be
construed to prohibit the running of racing or
exhibition boats during a publicly announced,
properly authorized by the appropriate govern-
mental body,supervised and adequately patrolled
regatta or speed trial or exhibitions.
(b) Florida Marine Patrol rescue craft, Coast
Guard rescue craft,the county sheriff patrol craft
and craft operating under emergency conditions
shall be exempted from the provisions of this
article while performing their official duties or
operating in an emergency.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-55. Penalties.
Any person who knowingly violates any provi-
sion of this article, including refusal to allow a
law enforcement officer to make an inspection
under this article, shall, upon conviction, be pun-
Lare ished according to law and shall be subject to a
fine not exceeding the sum of$500.00 or impris-
Supp. No.21 CD54:7
j
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3
3
L
Chapter 62
SOLID WASTE*
Sec. 62-1. Definitions.
Sec. 62-2. Reserved.
Sec. 62-3. Authority of city to collect.
Sec. 62-4. Ownership by city.
Sec. 62-5. Schedule of fees.
Sec. 62-6. Complaint procedure.
Sec. 62-7. Transporting.
Sec. 62-8. Containers required.
Sec. 62-9. Residential solid waste pickup conditions.
Sec. 62-10. Proper disposal prerequisite to collection.
Sec. 62-11. Unlawful acts.
Sec. 62-12. Regulations on file.
L
*Cross references—Code enforcement,§2-246 et seq.;environment,ch.34;litter,§34-26 et seq.;disposal of garbage,trash,
rubbish, and other waste restricted, § 34-28; abandoned property, § 34-176 et seq.; utilities, ch. 78; concurrency management
LOP"' system,ch.86;vegetation,ch. 102;land clearing, § 102-36 et seq.;supplementary district regulations,§ 110-466 et seq.
State law reference—Resource recovery programs,F.S. §403.702 et seq.
Supp.No. 21 CD62:1
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j
SOLID WASTE §62-1
Sec. 62-1. Definitions. aged. The term does not include human remains
that are disposed of by persons licensed under
The following words, terms and phrases, when F.S. ch. 470.
used in this chapter, shall have the meanings
ascribed to them in this section, except where the Individual container means a plastic or galva-
context clearly indicates a different meaning: nized metal can,of a type which is commonly sold
as a garbage can, which does not exceed 32
Approved container means industrial contain- gallons capacity or 50 pounds in weight when full,
ers and containers provided by any customer of unless and until an automated cart program is
the city solid waste removal service and accept- implemented by the city.Each such can shall have
able to the city. two handles upon the sides of the can or a bail by
which it may be lifted by a person and shall have
Bulk container means a 55-gallon drum sup- a tight-fitting top and shall also mean disposal
plied by the city for temporary storage of solid plastic or paper bags (with or without sack hold-
waste at street and beach locations and other city ers and not less than one mm thick) of a type
recreational facilities. which is acceptable to be used for refuse storage
Business means and includes all retail, profes and disposal.
sional,wholesale and industrial facilities and any Industrial means establishments generating
other commercial enterprises offering goods or solid waste accumulation of metal, metal prod-
services to the public. ucts, minerals, chemicals, rock, cement, asphalt,
Collector means any person or entity autho tar, oil, grease, glass, crockery, rubber, tires, bot
rized by the city to collect and remove solid waste. ties, cans, lumber, sawdust, wastes from animal
packing or slaughterhouses or materials usually
Commercial means and includes all retail, pro-
fessional and wholesale facilities, but shall not Industrial container means a two cubic yard or
include industrial facilities. larger container which can be emptied by mechan-
Containerized business means and includes any ical means.
business,multi-family dwelling or other structure Multiple dwelling means and includes any build-
whose solid waste is deposited in an approved ing or structure containing four or more contigu-
container for removal by the collector. ous living units and intended exclusively for res-
idential use by single persons or families.
Designated facility means a disposal process-
ing, recovery, recycling or transfer facility desig- Recoverable materials means metal,paper,glass,
nated by the city manager, or the city manager's plastic, textile, or rubber materials that have
designee. known recycling potential, can be feasibly recy-
cled, and have been diverted and source sepa-
Duplex means and includes a detached two- rated or have been removed from the solid waste
family dwelling designed or intended for occu- stream for sale, use, or reuse as raw materials,
pancy by two families. whether or not the materials require subsequent
processing or separation from each other,but does
Hazardous waste means solid waste, or a corn-
not include materials destined for any use that
bination of solid wastes, which because of its constitutes disposal. Recovered materials as de-
quantity, concentration, or physical, chemical, or scribed above are not solid waste.
infectious characteristics, may cause, or signifi-
cantly contribute to, an increase in mortality or Recyclable material means newspapers(includ-
an increase in serious irreversible or incapacitat- ing inserts), aluminum cans, plastic containers
ing reversible illness or may pose a substantial (HDPE and PET), brown, clear and green glass
present or potential hazard to human health or bottles and jars, and other solid waste materials
Loo" the environment when improperly transported, added upon written agreement between the city
disposed of, stored, treated, or otherwise man- and the collector,when such materials have been
Supp. No. 21 CD62:3
§62-1 CAPE CANAVERAL CODE
either diverted from the remaining solid waste Sec. 62-3. Authority of city to collect.
stream or removed prior to their entry into the Nothing contained in this chapter shall be
remaining solid waste stream. construed to prevent the city from creating or
Single-family residence means and includes a acting as its own solid waste collection or disposal
detached single-family dwelling designed or in- service or facility, either independently, exclu-
tended for occupancy by one person or by one sively or in conjunction with others.
family. (Code 1981, § 673.12; Ord. No. 8-93, § 1(673.13),
4-20-93)
Solid waste means bulk trash, refuse, vegeta Sec. 62-4. Ownership by city.
tive waste, and recyclable materials or any com-
bination thereof. Ownership of solid waste set out for collection
shall be vested in the city. It shall be unlawful for
Special container means any container pro- any person other than the authorized collector to
vided by the city to segregate and collect any type disturb, scatter, spread out, or remove any solid
of solid waste. waste set out for collection. Law enforcement
agencies and their personnel when within the
Special waste means solid waste that requires scope of their employment are exempt from the
special handling and management by the collet- provisions of this section.
tor, and which is not accepted at the designated
facility or other disposal facility or which is ac- Nothing in this section shall be construed as
cepted at the designated facility or other disposal prohibiting commercial establishments that gen-
facility at higher rates than are charged for re erate recoverable materials from selling or other
fuse,including,but not limited to,asbestos,whole wise conveying their recoverable material to any
tires which do not constitute household trash, properly certified recovered materials dealer which
used oil, lead acid batteries, and biohazardous satisfies the conditions provided in F.S.§403.7046.
wastes. (Code 1981, § 673.095; Ord. No. 8-93, § 1(673.09),
4-20-93; Ord. No. 23-2003, § 2, 9-2-03)
Triplex means and includes a detached three Sec. 62-5. Schedule of fees.
family dwelling designed or intended for occu-
pancy by three families. (a) Owners of any residential unit or commer-
cial building within the city shall pay solid waste
Vegetative waste means any vegetative matter fees as established by the city council. The sched-
resulting from routine and normal yard and land- ule of fees is contained in appendix B to this Code
scaping maintenance generated on site and shall and is subject to revision from time to time as may
include materials such as tree and shrub materi- be necessary.All revisions shall be done by reso-
als,grass clippings,palm fronds,Christmas trees, lution.
tree branches and similar vegetative matter usu-
(b) Failure of users to pay fees within 30 days
ally produced in the care of lawns, landscaping of the billing date shall be a violation of this
and yards. chapter. In addition, the city shall have the right
(Code 1981, § 673.01; Ord. No. 8 93, § 1(673.01), to seek enforcement and collection of the overdue
4-20-93; Ord. No. 23-2003, § 2, 9-2-03; Ord. No. fee through civil proceedings in a court of compe-
22-2004, § 2, 11-16-04)
Cross reference—Definitions and rules of construction tent jurisdiction, including a reasonable attor
generally,§ 1-2. ney's fee and costs, if such civil action is neces-
sary.
Sec. 62-2. Reserved. (c) All fees becoming due and payable on or
Editor's note—Ord. No. 09-2012, § 3, adopted June 19, after the effective date of the ordinance from
2012, repealed § 62-2, which pertained to penalties and which this chapter is derived shall constitute and
derived from Code 1981, §673.10;Ord.No. 8-93,§ 1(673.10), are imposed as a special assessment lien against
adopted April 20, 1993. the real property served by the city solid wastej
Supp.No. 21 CD62:4
L
Chapter 78
UTILITIES*
Article I. In General
Secs. 78-1-78-25. Reserved.
Article II. Sanitary Sewer System
Division 1. Generally
Sec. 78-26. Penalty.
Sec. 78-27. Connection with sewer-Required.
Sec. 78-28. Same-Late connection charge.
Sec. 78-29. Unlawful connection.
Sec. 78-30. Unlawful construction.
Sec. 78-31. Connecting old plumbing.
Sec. 78-32. Sanitary requirements.
Sec. 78-33. Disposal.
Sec. 78-34. Septic tanks.
Sec. 78-35. Maintenance of plumbing system.
Sec. 78-36. Failure to maintain plumbing system.
Sec. 78-37. Free service.
Sec. 78-38. Separate connection for each separate building.
Sec. 78-39. Reserved.
Secs. 78-40-78-50. Reserved.
Division 2. Industrial and Commercial Use
Subdivision I. In General
Sec. 78-51. Definitions.
Sec. 78-52. Purpose.
Sec. 78-53. Enforcement;authority;minimum standards.
Sec. 78-54. Applicability.
Sec. 78-55. Use of public sewers required.
Sec. 78-56. Power and authority of inspectors.
Sec. 78-57. Right of refusal.
Sec. 78-58. Termination of service in emergency.
Sec. 78-59. Administrative enforcement procedures.
Sec. 78-60. Administrative penalties.
Sec. 78-61. Judicial remedies.
Sec. 78-62. Publication of significant violation.
Secs. 78-63-78-75. Reserved.
Subdivision II. Building Sewers and Connections
Sec. 78-76. Separate sewer for each building.
Sec. 78-77. Permit for connections.
Sec. 78-78. Costs of installation;indemnification.
Sec. 78-79. Notice for inspection and connection.
Sec. 78-80. Old building sewers.
Sec. 78-81. Specifications.
Sec. 78-82. Elevation.
Sec. 78-83. Excavations.
*Cross references-Environment,ch.34;solid waste,ch.62;excavations,§66-61 et seq.;public service tax,§ 70-26 et seq.;
buildings and building regulations,ch. 82;concurrency management system,ch.86;stormwater management,§90-116 et seq.
Supp.No. 21 CD78:1
CAPE CANAVERAL CODE
Sec. 78-84. Connecting sources of surface runoff or groundwater.
Sec. 78-85. Connection to public sewer.
Secs. 78-86-78-95. Reserved.
Subdivision III. Discharges
Sec. 78-96. General prohibitions and limitations.
Sec. 78-97. Control of prohibited wastes.
Sec. 78-98. Permission to use sewer system;wastewater discharge permits.
Sec. 78-99. Fees.
Sec. 78-100. Industrial or commercial wastewater monitoring and reporting.
Secs. 78-101-78-110. Reserved.
Subdivision IV. Rates and Charges
Sec. 78-111. Surcharge for abnormal strength wastes.
Secs. 78-112-78-120. Reserved.
Division 3. Impact Fees
Sec. 78-121. Established.
Sec. 78-122. Payment.
Sec. 78-123. Excessive quantity of wastewater.
Sec. 78-124. Reserved.
Sec. 78-125. Full payment required prior to issuance of certificate or license.
Sec. 78-126. Reserved.
Sec. 78-127. Use of funds.
Sec. 78-128. Change of use.
Sec. 78-129. Cost of living increase.
Sec. 78-130. Port Canaveral customers.
Sec. 78-131. Offsite sewage pumping.
Secs. 78-132-78-150. Reserved.
Article III. Service Rates,Deposits and Billing Procedures
Sec. 78-151. Deposit required.
Sec. 78-152. Monthly sewer rates.
Sec. 78-153. Payment of utility charges required.
Sec. 78-154. Sewer fees where owner has private water supply.
Secs. 78-155-78-175. Reserved.
Article IV. Reclaimed Water
Division 1. Generally
Sec. 78-176. Definitions.
Sec. 78-177. Connection to the system.
Sec. 78-178. Reclaimed water uses.
Sec. 78-179. Reserved.
Sec. 78-180. Reclaimed water usage rates.
Sec. 78-181. Right to refuse service.
Secs. 78-182-78-190. Reserved.
Division 2. Installation and Inspection of the Reclaimed Water System
Sec. 78-191. Policies and regulations adopted;compliance required.
Sec. 78-192. Inspections.
Sec. 78-193. Discontinuance of service.
Sec. 78-194. Unlawful connections or practices.
Sec. 78-195. Code enforcement board authority and violation liability.
Supp. No. 21 CD78:2
UTILITIES
L11101f
Sec. 78-196. Public employees liability.
Sec. 78-197. Areas embraced.
Sec. 78-198. Cross-connection control.
Sec. 78-199. Unauthorized use.
Sec. 78-200. Adoption of Chapter 62-610,F.A.C.
Secs. 78-201-78-274. Reserved.
Article V. Stormwater Drainage
Division 1. Generally
Sec. 78-275. Creation of stormwater drainage utility.
Sec. 78-276. Findings,determinations and powers.
Sec. 78-277. Definitions and construction.
Sec. 78-278. Operating budget.
Secs. 78-279-78-299. Reserved.
Division 2. Fees and Taxes
Sec. 78-300. Stormwater fee.
Sec. 78-301. Determination of ERUs.
Secs. 78-302-78-324. Reserved.
Division 3. Administration
Sec. 78-325. Program responsibility.
Sec. 78-326. Stormwater management utility enterprise fund.
L
Supp.No. 21 CD78:2.1
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3
UTILITIES §78-151
L111001'
shall be determined by dividing the current index Environmental Protection Agency require-
number(CIN)by the base index number(BIN),in ments and shall reject the application if
accordance with the following formula, dropping sewage does not meet the state, federal
all digits after Y1ioo: and local permit requirements for sewage
(CIN) to be introduced in city sewer system.
New sewer impact fee charge = (BIN) x the
current sewer impact fee. (4) A representative of the city will monitor
(Code 1981, § 535.06) until its completion the pumping of sew-
age into the sewer system by the request-
Sec. 78-130. Port Canaveral customers. ing person.
(5) The fee for this pumpage shall be as set
Sewer impact fees for Port Canaveral custom-
forth in appendix B to this Code. This fee
ers are due and payable upon receipt of a state shall be in addition to any and all tests of
department of environmental protection permit the sewage material by the city employ-
application to construct wastewater transmission/ ees. The person shall be invoiced by the
collection mains. No permit application will be city for this service.
approved until all fees are paid in full. Any
change of use or change of similar use of a (6) There shall be no hazardous waste as
structure shall be subject to the criteria outlined identified by state,federal and city guide-
in section 78-128. lines at any time introduced into the city
(Code 1981, § 535.07) sewer system.
(Ord. No. 11-91, § 1(535.08), 11-19-91; Ord. No.
Sec. 78-131. Offsite sewage pumping. 11-2004, § 2, 6-15-04)
Live For purposes of this section the term "offsite Secs. 78-132-78-150. Reserved.
sewerage shall mean any off-site sewerage sys-
tem not directly connected to the city's sanitary
sewerage system including, but not limited to, ARTICLE III. SERVICE RATES, DEPOSITS
cruise ships, portable sewer containers, and sep- AND BILLING PROCEDURES*
tic disposal trucks.
Offsite sewage pumping will be permitted ac Sec. 78-151. Deposit required.
cording to the following: (a) Every garbage or sewer customer of the
(1) The person requesting the pumping shall city shall be required to pay a sum which is set
contact the public works department and forth in appendix B to this Code as a deposit for
formally request in writing permission to sewer and garbage and trash collection services.
pump offsite sewage into the city's sewer (b) For new industrial customers whose monthly
system. sewage charges are based upon water consump-
(2) The city shall, by and through one of its tion at existing service location, the deposit fee
employees, review the application and if shall be equivalent to a three-month service pe-
preliminarily approved shall physically riod for sewer and garbage, plus three months'
accompany the person or his representa- penalty charges. Monthly charges are to be corn-
tive making the application to the site puted upon the average monthly charge for the
where the sewage is to be introduced into previous six-month period. For a new industrial
the city sewer system. customer at a new service location, a deposit fee
shall be equivalent to the sewage rate for the
(3) The city, at the expense of the applicant, estimated water consumption based upon the
will test the sewage material that is to be state department of environmental protection tech-
pumped into the city sewer system for nical information memorandum, § 6.2.1., and the
compliance with all applicable state de-
partment of environmental protection and *Cross reference—City treasurer, §2-141 et seq.
Supp.No.21 CD78:23
§ 78-151 CAPE CANAVERAL CODE
estimated garbage service multiplied by three, shall be and remain unpaid on and after the
plus three months' penalty charges. This deposit 30-day grace period, water and sewer service
fee may be recalculated after six months based shall be subject to cutoff. If such monthly bill is
upon actual sewage and garbage service charges. not paid in full by the 30th day following that for
In lieu of the cash deposit required for industrial which a billing has been rendered, an amount
customers, the customer may post a surety bond equal to ten percent of such bill due shall be
to the city in an amount equal to the deposit. added as a late charge.Upon failure of any user to
(c) The deposit shall be paid to the city by the pay within 60 days from being billed, the city
shall cut off or cause to be shut off the connection
new customer upon occupancy. of such user and shall not furnish him or permit
(d) The deposit shall be returned to the depos- him to receive from the system further service
itor upon satisfaction of all outstanding balances, until all obligations owed by him to the city on
upon termination of the service. account of the services shall have been paid in
full. If such sewer service is shut off, before such
(e) Any deposit pursuant to this section shall service shall be restored the user thereof shall
be refunded to the customer upon the satisfactory pay a reinstatement fee in the amount as set forth
completion of 24 months service without a thirty- in appendix B to this Code, in addition to any
day delinquency. other charges, late charges or penalties due. The
(Code 1981, §§672.01,672.03;Ord.No. 24-94, § 1, city shall also have a lien on any parcel or
7-19-94) property affected by any unpaid balance accrued
under of article II of this chapter. Such lien shall
Sec. 78-152. Monthly sewer rates. be superior and paramount to the interest on such
(a) Any user of the service of the sewer system parcel or property of any owner, lessee, tenant,
shall pay a monthly charge or rate as set forth in mortgagee or other person, except the lien of
appendix B to this Code. The schedule of fees is county taxes, and shall be on a parity with the
subject to revision as may be necessary to keep lien of any such county taxes. If any such service
rates commensurate with the changes in the cost shall not be paid as and when due and shall be in
of providing service and is otherwise subject to default for 30 days or more, the unpaid balance
revision due to any regulatory or environmental thereof and all interest accrued thereon, together
factors which increase the cost of sewage treat- with reasonable attorney's fees and costs, may be
ment. All revisions shall be done by resolution recovered by the city in a civil action, and any
and shall become effective as of October 1 of each such lien and accrued interest may be foreclosed
year.The city council may utilize,as a basis of any or otherwise enforced by the city by action or suit
rate increase, a sewer rate study to be conducted, in equity as for the foreclosure of a mortgage
at a minimum, every five years. under the property.
(Code 1981, § 671.11; Ord. No. 11-2004, § 2,
(b) It is the intent of this section that all 6-15-04)
condominiums or other developments, particu-
larly developments with a mixture of housing
types,be charged a sewer rate in accordance with Sec. 78-154. Sewer fees where owner has pri-
the type of structure actually built. vate water supply.
(Code 1981, §671.03; Ord.No. 35-94, § 1, 9-20-94; (a) If the owner of property has his own pri-
4-17-12)
No. 9-00, § 1, 8-15-00; Ord. No. 05-2012, § 2,
4-17-12) vate water supply and such owner becomes more
than ten days delinquent in the payment of his
monthly sewage disposal fee after billing, the city
Sec. 78-153. Payment of utility charges re-
quired. shall have the right to plug the sewer line leading
to the owner's plumbing system. The owner shall
Bills for the monthly utility charges and fees have no right to reconnect this line or remove the
shall be submitted and shall be payable within 30 plug until sewage disposal fees shall have been
days from the billing date. If such monthly bill paid in full, together with a charge as set forth in
Supp.No. 21 CD78:24
UTILITIES § 78-177
Lire
appendix B to this Code. Such charge shall be City manager shall mean the city manager of
imposed and added to any delinquent bill where the city.
the sewer line has been plugged for nonpayment.
Cross-connection refers to any physical connec-
(b) If the owner has his own private water tion or arrangement which would allow the move-
supply, the city shall require a deposit in the ment of contaminants or fluids between any
amount set forth in appendix B to this Code for nonpotable water system, such as the reclaimed
residential sewage disposal service and in a suf- water system, and potable water system.
ficient amount as prescribed by the city from Customer shall mean any person receiving ser-
commercial and industrial accounts to cover a vice or making application for service.
three-month service period; provided, however,
that no such deposit shall exceed an amount set FDEP shall refer to the state department of
forth in appendix B to this Code. environmental protection.
(c) Reconnecting the sewer service or remov- Hose bib means a special connection installed
ing the plug in the sewer line until such sewage and provided by the city at certain points of
disposal fees are paid in full, together with the delivery of reclaimed water that will enable the
charge stated in subsection (a) of this section, customer to attach a hose to use reclaimed water
shall be considered a violation of this section. for non-potable water purposes.
(Code 1981, § 671.12) Reclaimed water shall mean highly treated
effluent from the city's wastewater treatment
Secs. 78-155-78-175. Reserved. plant not for human consumption,supplied through
the reclaimed water transmission and distribu-
ARTICLE IV. RECLAIMED WATER* tion system which meets or exceeds requirements
for public access as set for by FDEP or its succes-
sor in function.
DIVISION 1. GENERALLY Reclaimed water system shall mean those re-
claimed water storage tank,pumps,transmission
Sec. 78-176. Definitions. mains, distribution mains, valves and appurte-
Except where specific definitions are used within nances installed in public rights-of-way or utility
a specific section of this article for the purpose of easements, and are used to distribute reclaimed
that section, the following terms, phrases, words water.
and their derivation shall have meanings pro- Service line shall mean that conduit to convey
vided herein. The word "shall" is mandatory and reclaimed water from the distribution main to the
the word "may" is permissive. applicant's property line.
Backflow prevention device shall mean either a (Ord. No. 8 95, § 1, 5-2-95; Ord. No. 15 98, § 1,
dual check device composed of two single indepen-
3-17-98)
dently active check valves, as described in the
American Water Works Association Standard Sec. 78-177. Connection to the system.
C506-78 (R83), and the American Society of San- (a) Reclaimed water service may be provided
itary Engineering Standard 1024, and/or reduced for properties located within the city service area
pressure principle device, as described in the which comply with the provisions for such as set
American Water Works Association Standard forth in this article and the Land Development
C506-78 (R83), and the American Society of San- Code. Reclaimed water may be available to prop-
itary Engineering Standard 1013. erties within the service area as the distribution
*Editor's note—Ord.No.8-95,§ 1,adopted May 2, 1995, system is extended. All applications for service
amended the code by deleting and adding a new article IV shall be reviewed by the city manager and the
‘1111110e Formerly, such article pertained to similar provisions and public works director, who shall approve such
derived from Ord.No. 7-95,§ 1,3-21-95. service only if an adequate supply of reclaimed
Supp.No. 21 CD78:25
§78-177 CAPE CANAVERAL CODE
water is and will be available to meet all the 4-inch diameter connection = 12 ERICs
anticipated needs. The city manager and public (Ord. No. 8-95, § 1, 5-2-95; Ord. No. 04-2012, § 2,
works director shall review and technically ap- 4-17-12)
prove all service line sizes and all other necessary
design components. Sec. 78-181. Right to refuse service.
(b) The existence of a reclaimed water main No payment of fees, submittal of an applica-
adjacent to or near the premises of an applicant tion, or other act to receive reclaimed water
for the service does not necessarily mean that the service shall guarantee such service. The city
service is available to that location. The city may shall have the right, at all times, to refuse to
install a reclaimed water service line upon re- extend service on the basis of a use detriment to
quest by an applicant and payment of any/all the system, inadequate supply of reclaimed wa-
appropriate fees by the applicant. ter, lack of payment of required fees, or for any
(Ord. No. 8-95, § 1, 5-2-95; Ord. No. 15-98, § 2, other reason which, in the judgement of the city
3-19-98) manager, will cause the extension not to be of
benefit to the city.
Sec. 78-178. Reclaimed water uses. (Ord. No. 15 98, § 3, 3-17-98)
(a) Reclaimed water distributed by the city Secs. 78-182-78-190. Reserved.
within the city reuse service area is intended
solely for the irrigation of plants. DIVISION 2. INSTALLATION AND
(b) In the event commercial establishments INSPECTION OF THE RECLAIMED WATER
propose to use reclaimed water for purposes other SYSTEM
than plant irrigation,any proposed use(s)shall bej
evaluated by the city manager or his/her designee Sec. 78-191. Policies and regulations ad-
and approved or disapproved based on this eval- opted; compliance required.
uation. In no case will the city approve any use
The city shall adopt a reclaimed water system
that may conflict with policies and regulations of policies and regulation manual from time to time.
the state or the U.S. Environmental Protection Compliance with said manual is hereby required.
Agency.
(Ord. No. 8-95, § 1, 5-2-95; Ord. No. 11-2004, § 2,
(Ord. No. 8-95, § 1, 5-2-95) 6-15-04)
Sec. 78-179. Reserved. Sec. 78-192. Inspections.
Sec. 78-180. Reclaimed water usage rates. (a) As authorized by law and as a condition of
receiving reclaimed water service, duly autho-
(a) Rates for reclaimed water service shall be rized employees of the city bearing proper identi-
established by resolution of the city council and fication shall be permitted to enter any building,
incorporated as a component of the city rate structure or property served by a connection to
resolution. the reclaimed water system of the city for the
purpose of inspecting the piping system or sys-
(b) The following Equivalent Reclaimed Irriga- tems, backflow preventer, valves and/or all other
tion Connections ("ERICs") shall be used to iden- devices installed by the customer which connect
tify customer service levels based on the size of to or control the reclaimed water system or use of
the customer's connection to the city's reclaimed reclaimed water on such property.
water utility: (b) Consent to such access shall be obtained
1-inch diameter connection = 1 ERIC voluntarily from a person of suitable age and
discretion therein or in control thereof or by
2-inch diameter connection = 4 ERICs inspection warrant. The refusal of voluntary ac-
Supp.No. 21 CD78:26
UTILITIES § 78-192
L11111.1
cess; when requested, shall be considered evi-
dence of the presence of violation of the policies
and regulations adopted herein.
(c) Inspections shall be at reasonable times
and with reasonable frequency. Where there ex-
ists cause to believe that a violation is committed,
the city may cause the property to be inspected as
necessary to prevent or terminate the occurrence
of such violation(s) as authorized by law.
(Ord. No. 8-95, § 1, 5-2-95)
L
L
Supp.No. 21 CD78:26.1
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j
j
UTILITIES §78-300
Tax roll means the real property ad valorem fee roll in the manner provided in this article. A
tax assessment roll maintained by the property copy of this resolution and the preliminary
appraiser for the purpose of the levy and collec- stormwater fee roll shall be maintained on file in
tion of ad valorem taxes. the office of the stormwater utility director and
(Ord. No. 06-2003, § 3, 2-18-03) open to public inspection. The foregoing shall not
be construed to require that the stormwater fee
Sec. 78-278. Operating budget. roll be in printed form if the amount of the
The city shall adopt an operating budget not stormwater fee for each tax parcel can be deter-
later than the first day of each fiscal year. The mined by use of an available computer terminal.
operating budget shall set forth for such fiscal (4) Method of collection. The stormwater fee
year the estimated revenues and the estimated for metered property shall be billed and collected
costs for operations and maintenance extension separately on a monthly basis with the monthly
and replacement, and debt service. utility bill for those properties utilizing city util-
(Ord. No. 06 2003, § 4, 2-18-03)
ities; and billed and collected separately for those
properties not utilizing other city utilities. All
Secs. 78-279-78-299. Reserved. such bills for stormwater fees shall be rendered
monthly by the city. The stormwater fee for those
DIVISION 2. FEES AND TAXES properties utilizing city utilities is part of a con-
solidated statement for utility customers which is
Sec. 78-300. Stormwater fee. generally paid by a single payment. In the event
that a partial payment is received, the payment
(1) Fee established. Subject to the provisions of shall be applied pro rata to each account billed on
L this article, there is hereby imposed on each and the consolidated statement in the proportion that
every developed property,other than exempt prop an individual account bears to the total consoli-
erty, and the owners and nonowners thereof, a dated statement of all current charges for all
stormwater fee. In the event the owner and accounts, unless otherwise approved by the city
nonowner users of a particular Developed prop- council. The stormwater fee for unmetered prop-
erty are not the same,the liability for each owner erty shall be billed annually.All bills for stormwater
and nonowner users for the stormwater fee attrib fees shall become due and payable in accordance
utable to the developed property shall be joint and with the city's rules and regulations of the finance
several.The stormwater fee shall be a monthly or department pertaining to the collection of the
annual service charge and shall be determined by stormwater fees.
the provisions of this section and the ERU and
ERU rate which shall be established and changed The city shall be entitled to recover all reason-
from time to time by resolution adopted by the able attorney's fees and costs incurred in col-
Cape Canaveral City Council. lecting delinquent stormwater fees.Any charge
(2) Computation. The stormwater fee will be due hereunder which is not paid when due may
computed for each water utility user located within be recovered in an action at law by the City of
the stormwater service area by multiplying the Cape Canaveral. In addition to any other rem
number of ERUs attributable thereto by the ERU edies or penalties provided by this article or
rate;provided however that the ERU rate shall be any other ordinance of the City of Cape Canav
reduced, if necessary, to ensure that the aggre eral, failure of any user of city utilities within
gate stormwater fees within the stormwater ser the city to pay said charges promptly when due
vice area do not exceed the stormwater service shall subject such user to discontinuance of
cost. utility services and the city manager of the city,
or the city manager's designee, is hereby em-
(3) Stormwater fee roll. The stormwater utility powered and directed to enforce this provision
Lmoe" director is hereby directed to prepare, or direct as to any and all delinquent users. the employ
the preparation of, the preliminary stormwater ees of the city shall, at all reasonable times,
Supp. No. 21 CD78:31
§ 78-300 CAPE CANAVERAL CODE
have access to any premises served by the city and render a written decision as soon as practical.
for inspection, repair or the enforcement of the The city manager may request additional infor-
provisions of this article. mation from either party. If still dissatisfied, a
party may appeal the city manager's decision to
All stormwater fees imposed pursuant to this the city council in the same manner as preceding.
article shall be a lien upon the property to The decision of the city council shall be final.
which such fee is associated from the date said (Ord. No. 06-2003, § 5, 2-18-03; Res. No. 2011-29,
fee becomes due until such fee is paid. The § 2, 11-15-11)
owner of every building, premise[s], lot, or
house shall be obligated to pay the fee for all
service provided under this article, which obli Sec. 78-301. Determination of ERUs.
gation may be enforced by the city by action at (1) Classification of tax parcels. Each tax par-
law or suit to enforce the lien in the same cel located within the stormwater service area
manner as the foreclosure of mortgages. In the shall be assigned to one of the following classifi-
event of such action,the city shall be entitled to cations: residential condominium parcels, single-
recover all court costs and reasonable attorney family parcels; mobile home parcels, trail park
fees for such collection. In the case that a parcels or general parcels.
tenant in possession of any premises or build-
ing shall pay said charges, it shall relieve the (2) Residential condominium parcels.
land owner from such obligation and lien; but (a) The council hereby finds and determines
the city shall not be required to look to any as follows:
person whatsoever other than the owner for
the payment of such charges. No changes of 1. A residential condominium consti
ownership or occupation shall affect the appli-
cation of this article, and the failure of any ownership comprised of condominJ
owner to learn that property was purchased ium residential unit parcels,to which
with an existing lien for outstanding stormwater there may be an appurtenant undi
fees shall in no way affect the owner's respon-
sibility to pay the amount of said lien. mon area parcels.
2. It is fair and reasonable to attribute
(5) Appeal of dwelling unit and impervious the impervious area of condominium
surface calculation. Any person disagreeing with common area parcels to the condo-
the calculation of the stormwater fee, as provided minium residential unit parcels to
in the section, may appeal such determination to which such condominium common
the stormwater utility director. Any appeal must area parcels are appurtenant.
be filed in writing and shall include a survey
prepared by a registered surveyor showing dwell- 3. Residential condominium parcels con-
ing units, total property area, impervious area or stitute 59 percent of all parcels to
nonresidential developed area, as appropriate. cated within the stormwater service
The stormwater utility director may request ad- area and represent the standard
ditional information from the appealing party. size single-family residence within
Based upon the information provided by the util the stormwater service area.
ity and appealing party,the director shall make a 4. Since residential condominium par-
final calculation of the stormwater fee. The direc- cels constitute approximately 59 per-
tor shall notify the parties, in writing, of the cent of the total 6,161 tax parcels
director's decision. If still dissatisfied, a party located within the stormwater ser-
may request, in writing, a review by the city vice area, the cost of measuring or
manager of the director's decision. Such request verifying the impervious area for each
may cite specific error by the director and the individual residential condominium
calculation which the party feels is correct. The greatly exceeds any benefit to be
city manager shall review the record presented derived from individual measure-
Supp.No. 21 CD78:32
(1111i1We UTILITIES §78-301
ment or verification.Residential con- minium parcels, it is fair and
dominium parcels constitute a rea- reasonable to compute stormwater
sonable classification of property for fees for comparably sized single-
purposes of the stormwater fees. family parcels by reference to resi-
5. Since the ERU value falls within the dential condominium parcels
range of residential condominium par- 3. Since the ERU value falls within the
cels, it is fair and reasonable to as- range of residential condominium par-
sign one ERU to each residential cels, it is fair and reasonable to as-
condominium parcel. sign one ERU to each single-family
6. Due to the large number of residen- parcel.
tial condominium parcels, it is fair 4. To maintain consistency with the
and reasonable to determine the mit- method of determining the mitiga-
igation credit factor for residential tion credit factors for residential con-
condominium parcels without consid- dominium parcels, it is fair and rea-
ering, for each tax parcel, the per- sonable to determine the mitigation
centage of impervious area that is credit factor for single family parcels
directly connected to the city's without considering,for each tax par-
stormwater management system. cel,the percentage of impervious area
(b) The number of ERUs attributable to each that is directly connected to the city's
residential condominium parcel shall be stormwater management system.
determined as follows: (4) Mobile home parcels.
1. The number of ERUs attributable to (a) The council hereby finds and determines
each residential condominium par as follows:
cel shall be determined by multiply-
ing one ERU by the appropriate mit- 1. Mobile home parcels constitute less
igation credit factor. In determining than one percent of the parcels within
the mitigation credit factor for resi the stormwater service area. Due to
dential condominium parcels,the per-
vious
relatively small amount of imper
centage of impervious area that is area, the cost of measuring or
directly connected to the city's verifying the impervious area for each
stormwater management system individual mobile home parcel greatly
shall not be taken into consider- exceeds any benefit to be derived
ation. from individual measurement or ver-
ification.Mobile home parcels consti-
(3) Single-family parcels. tute a reasonable classification of
(a) The council hereby finds and determines property of purposes of the
as follows: stormwater fees.
1. Single-family residence parcels con- 2. Since the average mobile home par
stitute six and one-half percent of all cel includes impervious area that
parcels located with the stormwater approximates one-half of the ERU
value, it is fair and reasonable to
service area. assign one-half ERU to each mobile
2. Since the impervious area has not home parcel.
been measured or verified for each
residential condominium parcel and (b) The number of ERUs attributable to each
since stormwater fees for residential mobile home parcel shall be determined
condominium parcels will be corn- as follows:
puted by assigning a uniform num 1. The number of ERUs attributable to
ber of ERUs to all residential condo each mobile home parcel shall be
Supp.No. 21 CD78:33
§78-301 CAPE CANAVERAL CODE
determined by multiplying one-half termined by multiplying 0.79 ERU
ERU by the appropriate mitigation by the number of mobile home units
credit factor.In determining the mit- within the trailer park. This result
igation credit factor for mobile home shall then be multiplied by the ap-
parcels, the percentage of Impervi- propriate mitigation credit factor. In
ous area that is directly connected to determining the mitigation credit fac-
the city's stormwater management tor for mobile home parcels, the per-
system shall not be taken into con- tentage of impervious area that is
sideration. directly connected to the city's
stormwater management system
(5) Trailer park parcels. shall not be taken into consider-
(a) The council hereby finds and determines ation.
as follows:
(6) General parcels. The number of ERUs at-
1. Due to the relatively small amount tributable to each general parcel shall be deter-
of impervious area associated with mined by (1) dividing the impervious area of the
mobile homes in trailer parks, the general parcel by the ERU value (2,074 square
cost of measuring or verifying the feet), and (2) multiplying the result by the appro-
impervious area for each individual priate mitigation credit factor. In determining the
mobile home greatly exceeds any ben- mitigation credit factor for general parcels, the
efit to be derived from individual percentage of impervious area that is directly
measurement or verification. Trailer connected to the city's stormwater management
park parcels constitute a reasonable system shall be taken into consideration.
classification of property for pur-
poses of the stormwater fees. (7) Approval of mitigation policy. The councilJ
2. Since the average mobile home in- hereby approves the mitigation credit policy at
eludes impervious area that approx tacked hereto as appendix A. Said policy may be
imates one-half of the ERU value, it modified or amended at any time by resolution of
is fair and reasonable to assign one- the city council.
half ERU to each mobile home. (8) Private stormwater management facilities.
3. Since the roads within trailer parks (a) The council recognizes the benefits pro-
are owned and maintained by the vided by privately maintained stormwater
trailer park,it is fair and reasonable management facilities.Properties support-
to include this impervious area in ing private stormwater management fa-
the calculation of the ERU value. cilities should be credited for the public
Since the average mobile home lot benefit they provide.Accordingly,the num-
width is 50 feet and the average ber of ERUs otherwise attributable to
width of one lane of street is 12 feet, such property shall be adjusted by a mit-
it is reasonable to add 600 square igation credit determined in accordance
feet to each mobile home within a with the mitigation credit policy.
trailer park. Therefore, it is fair and
reasonable to assign 0.29 ERU to the (b) In order to receive a mitigation credit for
roadway section associated with each which property is eligible,a property owner
mobile home. may be required to provide the stormwater
(b) The number of ERUs attributable to each utility director with"as built"drawings of
trailer park parcel shall be determined as the stormwater management facility sealed
follows: by a Florida-registered professional engi-
neer, a certification from a Florida-regis-
1. The number of ERUs attributable to tered professional engineer as to the stan-
each trailer park parcel shall be de- dards of retention and detention achieved
Supp.No. 21 CD78:34
UTILITIES § 78-326
L1110"
by the facility, and such other reasonable hand in excess of current needs, the surplus
requirements as may be necessary to ef- dollars will be invested consistent with any appli-
fectuate the purposes of this subsection. cable investment policy established by the city
(c) No mitigation credit shall be applied for council.
service provided to property by a (2) The stormwater fees and charges paid in
stormwater management facility con- accordance with this article shall not be used for
structed or maintained with public funds. general or other governmental or proprietary pur-
However, a mitigation credit shall be ap- poses of the city, except to pay for the equitable
plied for service provided to property by a share of the cost of accounting, management and
regional stormwater management facility government thereof.Other than as described above,
if the developer of the property provided a the stormwater fees and charges shall be used
capital contribution to the regional facil- solely for the purposes stated in paragraph (1) of
ity in lieu of constructing on-site facilities. this section.
(Ord. No. 06-2003, § 6, 2-18-03) (Ord. No. 06-2003, § 8, 2-18-03)
Secs. 78-302-78-324. Reserved.
DIVISION 3. ADMINISTRATION
Sec. 78-325. Program responsibility.
It shall be the duty of the stormwater utility
Lige director to administer the stormwater utility sys-
tem created by this article. The stormwater util-
ity director shall keep an accurate record of all
persons using the services and facilities of said
stormwater management system of the city and
to make changes in accordance with the rates and
changes established in this article.
(Ord. No. 06-2003, § 7, 2-18-03)
Sec. 78-326. Stormwater management util-
ity enterprise fund.
(1) All stormwater fees collected by the city
shall be paid into an enterprise fund which is
hereby created, to be known as the "stormwater
management fund". Such fund shall be used for
the purpose of paying the costs of operation,
administration and maintenance of the stormwater
drainage facilities of the city and to carry out all
other purposes of the stormwater utility. To the
extent that the stormwater management
stormwater fees collected are insufficient to con-
struct the needed stormwater drainage facilities,
the cost of the same may be paid from such city
fund as may be determined by the city council,
but the city council may order the reimbursement
of such fund if additional fees are thereafter
collected. When the fund has surplus dollars on
Supp.No. 21 CD78:35
J
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3
L
Subpart B
LAND DEVELOPMENT CODE
Chapter 82
BUILDINGS AND BUILDING REGULATIONS*
Article I. General Administrative
Sec. 82-1. Proof of competency.
Sec. 82-2. Local business tax receipt required for contractors.
Sec. 82-3. Building department.
Sec. 82-4. Employee qualifications.
Sec. 82-5. Restrictions on employees.
Sec. 82-6. Records.
Sec. 82-7. Liability.
Sec. 82-8. General.
Sec. 82-9. Right of entry.
Sec. 82-10. Stop work orders.
Sec. 82-11. Revocation of permits.
Sec. 82-12. Unsafe buildings or systems.
Sec. 82-13. Permitting and inspection.
Sec. 82-14. Permit intent.
Sec. 82-15. Schedule of permit fees.
Sec. 82-16. Additional data.
Sec. 82-17. Hazardous occupancies.
Sec. 82-18. Special foundation permit.
Sec. 82-19. Public right-of-way.
Sec. 82-20. Existing building inspections.
Sec. 82-21. Inspection service.
Sec. 82-22. Tests.
Sec. 82-23. Violations and penalties.
Secs. 82-24-82-30. Reserved
Article II. Building Code
Sec. 82-31. Florida Building Code adopted.
*Editor's note-Ord.No.06-2001,§§1,2,amended ch.82,arts.I-XIII.These articles also pertained to buildings and building
regulations and derived from the following:Code 1981, §§509.13,547.01,547.03,611.07, 612.01,612.03,612.05,612.07,612.09,
612.11, 612.13, 612.15, 612.17, 612.19, 612.21, 612.23, 612.25, 612.27, 612.29, 613.02-613.04, 614.02, 614.03, 615.01, 615.02,
615.04,617.01,617.19,618.01,618.03,618.04,619.01-619.04,620.01-620.03,623.01,623.07,625.01-625.03,627.01-627.03;
Ord.No. 10-92,§§1(613.01),1(613.02),adopted Aug. 18, 1992;Ord.No. 11-92,§ 1(614.02),adopted June 15, 1993;Ord.No. 12-92,
§§1(615.01), 1(615.02),adopted Aug. 18, 1992;Ord.No. 13-92,§ 1,adopted Aug. 18, 1992;Ord.No.20-92,§§2,4,adopted Nov.5,
1992;Ord.No.13-93,§§1(613.01),1(613.02),adopted June 15,1993;Ord.No.15-93,§§1(615.01),1(615.02),adopted June 15,1993;
Ord.No. 18-93,§ 1(627.01),adopted June 15, 1993;Ord.No. 19-19,§ 1,adopted Aug. 15, 1995;Ord.No. 19-95,§ 1,adopted Aug.
15, 1995;Ord.No.20-95§ 1,adopted Aug. 8, 1995;Ord.No. 21-95,§ 1,adopted Aug. 15, 1995;Ord.No.22-95,§ 1,adopted Aug.
15,1995;Ord.No.23-95,§1,adopted Aug. 15,1995;Ord.No.8-96,§1,adopted June 18,1996;Ord.No.3-98,§1,adopted March
3, 1998;Ord.No.4-98,§ 1,adopted March 3, 1998;Ord.No.5-98,§ 1,adopted March 3, 1998;Ord.No.6-98,§ 1,adopted March
3, 1998;Ord.No. 7-98,§ 1,adopted March 3, 1998;Ord.No. 8-98,§ 1,adopted March 3, 1998;Ord.No.9-98,§ 1,adopted March
3, 1998;and Ord.No. 10-98,§ 1,adopted March 3, 1998.
Cross references-Code enforcement,ch. 2, art.VI; outdoor entertainment, § 10-46 et seq.; alarm systems, §30-26 et seq.;
environment, ch. 34; litter, § 34-26 et seq.; noise, § 34-151 et seq.; lighting regulations, § 34-206 et seq.; fire prevention and
protection, ch. 38; utilities, ch. 78; sanitary sewer system, § 78-26 et seq.; sanitary sewer system impact fees, § 78-121 et seq.;
L11111, stormwater management, §90-116 et seq.;off-street parking requirements,§ 110-491 et seq.
State law reference-Construction standards,F.S. ch. 553.
Supp.No. 21 CD82:1
CAPE CANAVERAL CODE J
Sec. 82-32. Establishment of construction board of adjustment and appeals.
Sec. 82-33. Appeals.
Sec. 82-34. Procedures of the board.
Secs. 82-35-82-55. Reserved.
Article III. Unsafe Building Abatement Code
Sec. 82-56. Standard Unsafe Building Abatement Code adopted.
Secs. 82-57-82-87. Reserved.
Article IV. Coastal Construction Code
Sec. 82-88. Structural requirements for major structures.
Sec. 82-89. Design conditions.
Secs. 82-90-82-115. Reserved.
Article V. Registration and Maintenance of Properties in Foreclosure
Sec. 82-116. Purpose and intent.
Sec. 82-117. Definitions.
Sec. 82-118. Registration requirements.
Sec. 82-119. Registration fees.
Sec. 82-120. Mortgagee inspection requirements.
Sec. 82-121. Maintenance requirements.
Sec. 82-122. Security requirements.
Sec. 82-123. Additional authority of enforcement officers;immunity.
Sec. 82-124. Enforcement;penalties.
Sec. 82-125. Supplemental authority.
Secs. 82-126-82-145. Reserved.
Article VI. Reserved
Secs. 82-146-82-170. Reserved.
Article VII. Reserved
Secs. 82-171-82-195. Reserved.
Article VIII. Reserved
Secs. 82-196-82-220. Reserved.
Article IX. International Property Maintenance Code
Sec. 82-221. International Property Maintenance Code adopted.
Secs. 82-222-82-232. Reserved.
Article X. Reserved
Sec. 82-233. Reserved.
Articles XI—XIII. Reserved
Secs. 82-234-82-365. Reserved.
"4011)
Supp. No. 21 CD82:2
BUILDINGS AND BUILDING REGULATIONS
C1111101e
Article XIV. Numbering of Buildings and Property
Sec. 82-366. Purpose.
Sec. 82-367. System established;incorporation of map.
Sec. 82-368. Administration.
Sec. 82-369. Assignment of numbers.
Sec. 82-370. Numbering multiple-family structures.
Sec. 82-371. Posting and specifications of numbers.
Secs. 82-372-82-374. Reserved.
Article XV. Citations;Unlicensed Contractors;Failure to Obtain
Building Permit
Sec. 82-375. Intent and purpose.
Sec. 82-376. Findings.
Sec. 82-377. Citation authorized for construction contracting violations.
Sec. 82-378. Citation form.
Sec. 82-379. Penalty.
Sec. 82-380. Refusal to sign citation.
Sec. 82-381. Stop work.
Sec. 82-382. Correction of violation;payment of penalty;notice of hearing.
Sec. 82-383. Administrative hearings;accrual of penalties.
Sec. 82-384. Appeals of code enforcement board decisions.
Sec. 82-385. Recording code enforcement board orders.
Sec. 82-386. Notices.
Secs. 82-387-82-399. Reserved.
Article XVI. Temporary Storage Units
Sec. 82-400. Temporary storage units.
L
Supp.No. 21 CD82:2.1
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j
BUILDINGS AND BUILDING REGULATIONS §82-33
L001
meanor of the second degree punishable under Sec. 82-33. Appeals.
section 1-15 of the City of Cape Canaveral Code of
Ordinances.Each such person shall be considered (a) Decisions of the building official. The owner
guilty of a separate offense for each and every day of a building, structure or service system, or his
or portion thereof during which any violation of duly authorized agent, may appeal a decision of
any of the provisions of this code is committed or the building official to the construction board of
continued, and upon conviction of any such viola- adjustment and appeals whenever any one of the
tion such person shall be punished within the following conditions are claimed to exist:
limits and as provided by Florida laws. (1) The building official rejected or refused to
(Ord. No. 06-2001, § 1, 12-4-01) approve the mode or manner of construc-
tion proposed to be followed or materials
Secs. 82-24-82-30. Reserved. to be used in the installation or alteration
of a building, structure or service system.
ARTICLE II. BUILDING CODE (2) The provisions of this code do not apply to
this specific case.
Sec. 82-31. Florida Building Code adopted. (3) That an equally good or more desirable
form of installation can be employed in
The Florida Building Code 2010 edition, as any specific case.
may be amended from time to time, as published
by the Florida Building Commission, shall be (4) The true intent and meaning of this code
known as the City of Cape Canaveral Building or any of the regulations thereunder have
Code and is hereby adopted by reference and been misconstrued or incorrectly inter
L incorporated herein as if fully set out. preted.
(Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12 2005, (b) Variances. The construction board of adjust-
§ 2, 10-4-05; Ord. No. 02-2009, § 2, 3-3-09; Ord. ments and appeals,when so appealed to and after
No. 01-2012, § 2, 2-21-12) a hearing, may vary the application of any provi-
sion of this code to any particular case when,in its
Sec. 82-32. Establishment of construction opinion, the enforcement thereof would do mani-
board of adjustment and appeals. fest injustice and would be contrary to the spirit
and purpose of this or the technical codes or
There is hereby established a board to be called public interest, and also finds all of the following:
the construction board of adjustment and ap-
peals, which shall consist of five members. (1) That special conditions and circumstances
exist which are peculiar to the building,
(a) Composition. Members of the construc- structure or service system involved and
tion board of adjustment and appeals which are not applicable to others.
should be composed of individuals with
knowledge and experience in the techni (2) That the special conditions and circum-
cal codes, such as design professionals, stances do not result from the action or
contractors or building industry represen inaction of the applicant.
tatives. (3) That granting the variance requested will
(b) Powers. The construction board of adjust- not confer on the applicant any special
ments and appeals shall have the power,
privilege that is denied by this code to
as further defined in section 82 33, to other buildings, structures or service sys-
hear appeals of decisions and interpreta-
tern.
tions of the building official and consider (4) That the variance granted is the mini-
variances of the technical codes. mum variance that will make possible the
Lire (Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12-2003, reasonable use of the building, structure
§ 8, 7-1-03) or service system.
Supp.No. 21 CD82:7
§82-33 CAPE CANAVERAL CODE
(5) That the granting of the variance will be sent by mail or otherwise to the appellant and a
in harmony with the general intent and copy shall be kept publicly posted in the office of
purpose of this code and will not be detri- the building official for two weeks after filing.
mental to the public health, safety and Every decision of the board shall be final, subject
general welfare. however to such remedy as any aggrieved party
might have at law or in equity.
(c) Conditions of the variance. In granting the (Ord. No. 06-2001, § 1, 12-4-01)
variance, the board may prescribe a reasonable
time limit within which the action for which the
variance is required shall be commenced or com Secs. 82-35-82-55. Reserved.
pleted or both. In addition, the board may pre-
scribe appropriate conditions and safeguards in ARTICLE III. UNSAFE BUILDING
conformity with this code. Violation of the condi- ABATEMENT CODE
tions of a variance shall be deemed a violation of
this code. Sec. 82-56. Standard Unsafe Building Abate-
(d) Notice of appeal. Notice of appeal shall be went Code adopted.
in writing and filed within 30 calendar days after The Standard Unsafe Building Abatement Code,
the decision is rendered by the building official. 1985 edition,as published by the Southern Build-
Appeals shall be in a form acceptable to the ing Code Congress International, Inc., is hereby
building official. adopted by reference and incorporated herein as
(e) Unsafe or dangerous buildings or service if fully set. The Standard Unsafe Building Abate-
systems. In the case of a building, structure or ment Code is hereby amended to read as follows:
service system which, in the opinion of the build- (a) Section 105.1. The construction board of
J
ing official, is unsafe, unsanitary or dangerous, adjustment and appeals shall serve as the
the building official may, in his order, limit the board of adjustment and appeals for this
time for such appeals to a shorter period. code.
(Ord. No. 06-2001, § 1, 12-4-01)
(b) Section 605. Cost of repair or demolition;
lien on property: collection.
Sec. 82-34. Procedures of the board.
1. Upon repair or demolition of any
(a) Rules and regulations. The board shall building or structure, either with
establish rules and regulations for its own proce- city crews or by independent contrac-
dure not inconsistent with the provisions of this tor, all costs of demolition and/or
code.The board shall meet on call of the chairper- repair shall be assessed against and
son. The board shall meet within 30 calendar constitute a lien on the property
days after notice of appeal has been received. upon which the building or structure
(b) Decision. The construction board of adjust- is/was situated. The lien shall be
ment and appeals shall, in every case, reach a equal in rank, priority and dignity
decision without unreasonable or unnecessary with the lien of Brevard County ad
delay. Each decision of the board shall also in- valorem taxes and shall be superior
elude the reasons for the decision. If a decision of to all other liens, encumbrances ti
the board reverses or modifies a refusal, order, or tles and claims in to or against the
disallowance of the building official or varies the property. Cost shall include, but not
application of any provision of this code, the limited to,administrative cost,attor
building official shall immediately take action in ney's fees, postage, newspaper pub-
accordance with such decision. Every decision lication fees and actual costs of phys
shall be promptly filed in writing in the office of ical removal and/or repair.
the building official and shall be open to public 2. The city clerk shall file such lien in
inspection.A certified copy of the decision shall be the public records of Brevard County
Supp. No. 21 CD82:8
BUILDINGS AND BUILDING REGULATIONS §82-117
‘111100e.
Florida, showing the nature of the 60 or section 90-26 et seq. pertaining to flood
lien, the amount thereof, a legal de- damage prevention, whichever is more restric-
scription of the property and the tive.
owner thereof. Such liens shall bear (Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12-2005,
interest from the date of filing at the § 2, 10-4-05)
highest rate allowed by law.
Sec. 82-89. Design conditions.
3. The lien may be enforced in the
same manner as a court judgment by Velocity pressure. Major structures, except mo-
the sheriffs of the State of Florida, bile homes, shall be designed in accordance with
including levy against personal prop- chapter 16 of the building code adopted in section
erty, and may also be foreclosed in 82-31.
the nature of a mortgage. All costs (Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12-2005,
and attorney's fees incurred in col § 2, 10-4-05)
lection of amounts due under any Secs. 82-90-82-115. Reserved.
such lien shall also be secured by the
property and included within the
total sum due under the lien. ARTICLE V. REGISTRATION AND
(Ord. No. 06-2001, § 1, 12-4-01) MAINTENANCE OF PROPERTIES IN
FORECLOSURE
Secs. 82-57-82-87. Reserved. Sec. 82-116. Purpose and intent.
Vacant buildings and real property under fore-
ARTICLE IV. COASTAL CONSTRUCTION closure are a major source of blight in commercial
CODE and residential neighborhoods, especially when
the owner or mortgagee fails to properly maintain
said buildings and property.Vacant buildings and
Sec. 82-88. Structural requirements for ma- real property under foreclosure can also have a
jor structures. negative impact on the local economy. In many
cases, real property under foreclosure often suf-
(a) Design and construction. Major structures, fers from lack of maintenance and becomes ne-
except for mobile homes, shall be designed and glected during the time it takes a mortgagee to
constructed in accordance with chapter 16 of the complete the foreclosure process and secure the
building code adopted in section 82-31 using a property. Such blight and negative conditions are
three-second gust at 130 miles per hour. Major hereby declared a public nuisance. It is the pur-
structures, except mobile homes, shall also com- pose and intent of this article to establish regis-
ply with the applicable standards for construction tration and maintenance requirements for vacant
found elsewhere in this code. properties and properties under foreclosure as a
mechanism to protect neighborhoods from becom-
(b) Mobile homes. Mobile homes shall conform ing blighted and nuisances through lack of ade-
to the federal mobile home construction and safety quate maintenance and security.
standards or the Uniform Standards Code ANSI (Ord. No. 07-2012, § 2, 5-15-12)
A-119.1, pursuant to F.S. § 320.823, as well as
subsection (c) of this section. Sec. 82-117. Definitions.
(c) Elevation, floodproofing and siting. All ma- In construing the provisions of this article, the
jor structures shall be designed, constructed and following definitions shall apply:
Lioe' located in compliance with the national flood Building means any structure approved for
insurance regulations as found in 44 CFR 59 and occupancy by the city.
Supp.No. 21 CD82:9
§82-117 CAPE CANAVERAL CODE
Default means the mortgagee files a foreclo- ing of openings may be allowed pending repairs to
sure action in a court of law or records a lis the extent required by the enforcement officer to
pendens. address public safety and emergency situations.
Enforcement officer means any code enforce- Vacant means any building that is not lawfully
ment officer, law enforcement officer, building occupied by human beings or inhabited based on
official, or fire inspector employed by or contract- the evidence of vacancy.
ing with the City of Cape Canaveral authorized to (Ord. No. 07 2012, § 2, 5-15-12)
enforce this article.
Sec. 82-118. Registration requirements.
Evidence of vacancy means any real property (a) Any mortgagee who holds a mortgage on
condition that independently, or in the context of real property located within the city shall,within
the totality of the circumstances relevant to the ten days of default by the mortgagor of the real
real property, would lead a reasonable person to property that is the security for the mortgage,
believe that the real property is vacant. Such register the property with the city. Registration
conditions may include,but not be limited to,lack shall be on a form provided by the city and shall
of human occupancy of any building for a long include, at a minimum, the following:
period of time, overgrown or dead vegetation;
electricity and other utilities turned off; stagnant (1) The mortgagee's name, direct mailing ad-
swimming pool; accumulation of trash or debris; dress, e-mail address,contact person, and
the absence of window coverings such as curtains, telephone number;
blinds, or shutters; the absence of furnishings or (2) The address and parcel identification num-
personal items consistent with habitation or oc- ber of the real property that is being
cupancy of a building; statements by neighbors, foreclosed upon by mortgagee;
delivery or government agents.
(3) Whether the property is vacant or occu-
Foreclosed property means real property that is pied during the default period;
in default. (4) If the real property is,or becomes,vacant,
the name, street address, e-mail address,
Local property manager means an individual and telephone number of the local prop-
property manager, property management com- erty manager that will work on the mort-
pany, property maintenance company or similar
gagee's behalf to inspect, maintain, and
entity with a current business address and land secure the real property;
line telephone number within Brevard, Indian
River, Orange, Osceola, Seminole, or Volusia (5) If a foreclosure complaint involving the
County, designated by the owner or mortgagee real property has been filed in circuit
responsible for the maintenance of abandoned court, or the real property is subject to a
real property. bankruptcy proceeding, the style of the
case, including, court name, case number,
Owner of record means the person or entity and parties;
holding recorded title to the real property in (6) Express authorization for city employees
question as reflected in the Official Records of to enter upon the exterior of the property
Brevard County, Florida. in the event the property becomes vacant
Secure manner shall include,but not be limited for the purpose of ensuring compliance
to, the closure and locking of all windows, doors, with this article.
gates, garages, and other openings that may (b) At the city's discretion, registration re-
allow access to the interior of any building or quired by this section shall be made on a paper
structure on the real property. In the case of form or electronically. If the city chooses elec-
broken windows or doors, securing shall mean tronic registration, the city may retain the ser-
replacing the window or door. Temporary board- vices of a third party to handle the registration
Supp.No. 21 CD82:10
BUILDINGS AND BUILDING REGULATIONS §82-121
requirements, provided the information obtained property is sold, the mortgagee shall provide the
pursuant to this section is made readily available city written proof of the sale in order to be
to the city and accessible pursuant to the public relieved of the requirements of this article.
records laws of Florida. (Ord. No. 07-2012, § 2, 5-15-12)
(c) Any person or other legal entity that has Sec. 82-121. Maintenance requirements.
registered a property under this section shall be
required to report any change of information The following maintenance requirements shall
contained in the registration within ten days of apply to properties subject to this article:
the change.
(a) The property shall be kept free of exces-
(d) In the event there are several mortgagees sive weeds, overgrown brush, dead vege-
with mortgages on the property, the registration, tation, trash,junk, debris,building mate-
inspection, maintenance, and security require- rials, any accumulation of newspapers,
ments imposed by this article shall apply to the circulars, flyers, notices (excluding those
mortgagee with the most superior mortgage that required by federal, state, or local law),
has declared the mortgage in default unless the discarded personal items such as furni-
several mortgagees notify the city to the contrary ture, clothing, appliances, printed mate
in writing.However,nothing herein shall prevent rials or any other items that give the
inferior mortgagees from voluntarily complying appearance that the property is aban
with this article after a primary mortgagee regis doped or not being properly maintained.
ters hereunder. (b) The property shall be maintained free of
Lime (Ord. No. 07-2012, § 2, 5-15-12) graffiti or similar markings by removal or
painting over with an exterior grade paint
Sec. 82-119. Registration fees. that matches the color of the exterior of
the structure.
The city council shall establish, by resolution, (c) Yards on developed property shall be reg-
fees for the registration and re-registration re-
quirements required by this article. Said fees ularly landscaped and maintained in good
shall be based on the reasonable estimated cost of condition pursuant to the property main
administering the provisions of this article and tenance standards set forth in the City
shall be due and payable at the time of registra Code. At a minimum, landscaping on de
tion or re-registration. The fee schedule may be veloped property shall include, but not be
based on the size and type of property being limited to, grass, ground covers, bushes,
shrubs, hedges, mulch, or similar plant-
registered. ings which are appropriately designed for
(Ord. No. 07 2012, § 2, 5-15-12)
residential, commercial, or industrial in-
stallation as applicable. Maintenance on
Sec. 82-120. Mortgagee inspection require- developed property shall include, but not
ments. be limited to,watering,irrigation,cutting
and mowing of required landscape and
If the foreclosed property becomes vacant at removal of all trimmings. Undeveloped
any time, the mortgagee shall initiate and main- property that has been cleared shall be
tain on-site inspections of the property at least maintained in good condition free of ex-
once every 30 days to verify compliance with this cessive weeds, debris, and junk pursuant
article. Said inspections shall continue until such to the property maintenance standards
time as the default is cured, or the mortgagee set forth in the City Code. Property in a
completes the foreclosure process and the prop- natural condition shall be maintained in
erty is sold to a third party either directly by the its natural condition free and clear of
mortgagee or at a foreclosure sale. Once the debris and junk.
Supp. No. 21 CD82:11
§82-121 CAPE CANAVERAL CODE
(d) Pools and spas shall be regularly kept in ment officer can meet the person on-site in order
working order so that pool and spa water to address any compliance issues under this arti-
remains free and clear of pollutants and cle.
debris. Pools and spas shall comply with (c) When a foreclosed property becomes va-
the enclosure requirements of the City cant, it shall be posted as follows:
Code and Florida Building Code.
(1) The posting shall contain the name and
(e) Outdoor play equipment, furnishings, or telephone number of the local property
other accessory structures shall be prop- manager, who shall be accessible at said
erly maintained and secured so as not to telephone number 24 hours per day. The
be accessible to unauthorized persons or posting shall be on white paper 81/2 by 11
not to create an attractive nuisance or inches in size and shall be in a type no
safety hazard. smaller than 24 point.
(f) The property shall be regularly monitored (2) The posting shall contain language sub
for indications of criminal activity on the stantially similar to the following: THIS
premises such as use and sale of con- PROPERTY IS MANAGED BY [NAME
trolled substances,prostitution,and trim OF LOCAL PROPERTY MANAGER]. TO
final street gang activity.Any indication of REPORT PROBLEMS OR CONCERNS,
CALL[TELEPHONE NUMBER(S)OF LO-
criminal activity shall be reported to the CAL PROPERTY MANAGER].
sheriffs department at such time it be-
comes reasonably known. (3) The posting shall be placed on the interior
(Ord. No. 07-2012, § 2, 5-15-12) of a window facing the street to the front
of the property so that it is visible from
the street,or secured to the exterior of the
Sec. 82-122. Security requirements. building/structure facing the street to the
(a) Buildings and structures subject to this front of the property so that it is visible
from the street,or if no such area exist,on
article, and property subject to this article which a stake of sufficient size to support the
is required to be enclosed or secured in accor- posting in a location that is at all times
dance with law, shall be maintained in a secure visible from the street to the front of the
manner at all times so as not to be accessible to property but not readily accessible to van
unauthorized persons. dals.Exterior posting shall be constructed
(b) If a foreclosed property becomes vacant, of and printed with weather-resistant ma-
the mortgagee shall perform, or designate a local o - .
property manager to perform on the mortgagee's (Ord. No.. 07-2012,
7 07 22012, § 2, 5-15-12)
behalf, on-site inspections of the foreclosed prop Sec. 82-123. Additional authority of enforce-
erty to verify compliance with the requirements of
ment officers; immunity.
this article, and any other applicable laws. Said
inspections shall occur a minimum of once every (a) Enforcement officers shall have the author-
30 calendar days unless an enforcement officer ity to require the mortgagee and/or owner of
determines,in writing,that more frequent inspec- record affected by this section to implement addi-
tions are required to ensure compliance with this tional maintenance and/or security measures in-
article or to prevent a decline of the property, a cluding, but not limited to, securing or repairing
public or attractive nuisance, or a blight on the of any and all doors, windows, or other openings,
surrounding neighborhood.At the written request chaining or pad locking gates, repairing fences
of the city prior to any inspection required by this and gates,or other measure as may be reasonably
article,the person performing the inspection shall required to prevent a decline of the property, a
be required to schedule the inspection with the public or attractive nuisance, or a blight on the
city for a date and time certain so that an enforce- surrounding neighborhood. Temporary boarding
Supp.No. 21 CD82:12
BUILDINGS AND BUILDING REGULATIONS §82-221
of openings may be allowed pending repairs to the Sec. 82-125. Supplemental authority.
extent required by an enforcement officer to ad This article shall be deemed in addition and
dress public safety and emergency situations. supplemental to any other provision of law.
Said additional requirements shall be stated in (Ord. No. 07 2012 § 2, 5-15-12)
writing and shall have the force of law under this
article. Secs. 82-126-82-145. Reserved.
(b) Any enforcement officer authorized by the
city to enforce this article shall be immune from ARTICLE VI. RESERVED*
prosecution, civil or criminal, for reasonable good
faith entry or trespass upon any real property Secs, 82-146-82-170. Reserved.
while in the discharge of duties imposed by this
article. ARTICLE VII. RESERVEDt
(Ord. No. 07-2012, § 2, 5-15-12)
Secs. 82-171-82-195. Reserved.
Sec. 82-124. Enforcement; penalties.
ARTICLE VIII. RESERVED$
(a) The provisions of this article may be en-
forced and penalties imposed on mortgagees and/or Secs. 82-196--82-220. Reserved.
owners of record for violations of this article as
provided by law. Without limiting the city's right ARTICLE IX. INTERNATIONAL
to impose any other penalties as provided by law, PROPERTY MAINTENANCE CODE
or to enforce this article by any other lawful
means, a violation of this article shall be deemed
a class IV violation for code enforcement citation Sec. 82-221. International Property Mainte-
purposes. Nothing under this article shall be nance Code adopted.
construed as imposing liability on local property The International Property Maintenance Code,
managers acting on a mortgagee's behalf pursu- 1998 edition, as published by the International
ant to this article. Code Council, is hereby adopted by reference and
incorporated herein as if fully set out.
(b) Upon failure of the mortgagee to comply The Construction Board of Adjustment and
with the maintenance or security requirements Appeals shall serve as the Property Maintenance
under this article, the city manager or designee Board of Adjustment and Appeals for this article.
may take such appropriate action deemed neces- (Ord. No. 06-2001, § 2, 12-4-01)
sary to remedy a maintenance and security fail-
ure on property subject to this article. Any such
action taken on such premises shall be charged
against the real estate upon which the building or
structure is located and shall be a lien upon such
real estate.Any such lien shall be superior to all
other liens except those of state,county or munic-
ipal taxes and shall be on a parity with liens of *Editor's note—Ord. No. 12-2005, § 3, adopted Oct. 4,
state, county or municipal taxes. Further, such 2005, repealed art. VI, which pertained to plumbing and
lien shall bear interest at the maximum rate derived from Ord.No.06-2001,§ 1,adopted Dec. 4,2001
permitted by state law and costs of collection,and tEditor's note—Ord. No. 12-005, § 3, adopted Oct. 4,
2005,repealed art.VII,which pertained to fuel gas.
shall continue to be a lien against the real estate
*Editor's note—Ord. No. 12-2005, § 3, adopted Oct. 4,
until paid. 2005, repealed art. VIII, which pertained to mechanical and
(Ord. No. 07-2012, § 2, 5-15-12) derived from Ord. No. 06-2001, § 1,adopted Dec. 4, 2001.
Supp.No. 21 CD82:13
§82-222 CAPE CANAVERAL CODE
Secs. 82-222-82-232. Reserved. (b) The building official shall duly record all
numbers assigned under section 82-367.
ARTICLE X. RESERVED* (c) The building official shall assign to any
property owner in the city, upon request and
Sec. 82-233. Reserved. without charge, a property number for each prin-
cipal building or separate front entrance to such
building. However, the building official may issue
ARTICLES XI—XIII. RESERVED' additional property numbers in accord with the
official numbering system whenever a property
Secs. 82-234-82-365. Reserved. has been subdivided,a new front entrance opened
or undue hardship has been worked on any prop-
erty owner.
ARTICLE XIV. NUMBERING OF (Code 1981, § 505.03)
BUILDINGS AND PROPERTY
Sec. 82-369. Assignment of numbers.
Sec. 82-366. Purpose.
The purpose of requiring the display of build- All properties or parcels of land within the city
ing or property numbers is for locating such shall be identified by reference to the uniform
property in an emergency. numbering system adopted in this article.
(Code 1981, § 505.05)
Sec. 82-367. System established; incorpora-
tion of map. Sec. 82-370. Numbering multiple-family
structures.
A uniform system of numbering properties and
principal buildings, as shown on the map identi- Each principal building shall bear the number
fled by the title, "Property Numbering Map," assigned to the frontage on which the front en-
which is filed in the office of the building official,is trance is located. If a principal building is a
adopted for use in the city. This map and all multiple-family structure comprised of four or
explanatory matter thereon is adopted and made more dwelling units, the principal building shall
a part of this article. bear a separate number, and each dwelling unit
(Code 1981, § 505.01) therein shall affix a letter suffix or apartment
number suffix to the building number.
Sec. 82-368. Administration. (Code 1981, § 505.09)
(a) The building official shall be responsible for
maintaining the numbering system adopted by Sec. 82-371. Posting and specifications of
this article. numbers.
*Editor's note—Ord. No. 12-2005, § 3, adopted Oct. 4, Numbers indicating the official numbers for
2005, repealed art. X, which pertained to existing Standard each principal building or each front entrance to
Building Code and derived from Ord.No.06-2001,§2,adopted such building shall be posed in a manner as to be
Dec. 4,2001.
(Editor's note—Ord. No. 06-2001, § 2, adopted Dec. 4, clearly visible and distinguishable from the street
2001, repealed Arts. XI—XII in their entirety. Art. XI per- on which the property is located. Such numbers
tamed to the housing code and derived from Code 1981, shall be a minimum of three inches in height and
§§ 619.01-619.03, Ord. No. 13-92, adopted Aug. 18, 1992; one-half inch in width and of a contrasting color
Ord. No. 23-95, adopted Aug. 15, 1995; and Ord. No. 9-98, with the building.
adopted March 3, 1998.Art. XII pertained to the excavation
and grading code and derived from Code 1981,§§625.01 and (Code 1981, § 505.11)
625.02.Art.XIII pertained to threshold buildings and derived
from Code 1981,§623.01 and Ord.No. 10-98,adopted March
3, 1998. Secs. 82-372-82-374. Reserved.
Supp.No. 21 CD82:14
BUILDINGS AND BUILDING REGULATIONS §82-380
L1100'
ARTICLE XV. CITATIONS; UNLICENSED utes. This article does not authorize or permit a
CONTRACTORS; FAILURE TO OBTAIN code enforcement officer to perform any function
BUILDING PERMIT or duty of a law enforcement officer.
(Ord. No. 09-2004, § 1, 5-18-04)
Sec. 82-375. Intent and purpose.
It is the intent and purpose of this article to Sec. 82-378. Citation form.
authorize the issuance of citations for violations A citation issued by a code enforcement officer
of F.S. §§ 489.127 and 489.132(1), as may be shall be in a form prescribed by the city council by
amended or renumbered from time to time by the resolution, and shall contain at a minimum:
Florida Legislature. It is also the intent and (a) The time and date of issuance.
purpose of this article to establish a procedure to
implement the issuance of such citations by code (b) The name and address of the person to
enforcement officers, who under this article shall whom the citation is issued.
be the building official and those persons desig- (c) The time and date of the violation.
nated a code enforcement officer by the city man-
ager. Nothing contained in this article shall pro (d) A brief description of the violation and the
hibit the city from enforcing its codes or ordinances facts constituting reasonable cause.
by any other lawful means. (e) The name of the code enforcement officer.
(Ord. No. 09-2004, § 1, 5-18-04)
(f) The procedure for the person to follow in
Sec. 82-376. Findings. order to pay the civil penalty or to contest
the citation.
The city council of the City of Cape Canaveral
(g) The applicable civil penalty if the person
Lioe hereby finds: elects not to contest the citation.
(a) The commencement or performance of work (Ord. No. 09-2004, § 1, 5-18-04)
for which a building permit is required
without such building permit being in Sec. 82-379. Penalty.
effect creates a grave threat to the public In addition to any other criminal penalties
health, safety, and welfare and jeopar-
dizes the safety of occupants of buildings. provided by F.S. § 489.127(2), a civil penalty of
$500.00 shall be levied for any violation of this
(b) The performance of construction by con- article. All monies collected by the city from
tractors who are not duly licensed,when a citations issued under this Article shall be depos-
contracting license is required, may pose ited in the city's general fund and may be ex-
a danger of significant harm to the public pended for any public purpose authorized by the
when incompetent or dishonest unlicensed city council.A person cited for a violation pursu-
contractors provide unsafe, unstable, or ant to this article is deemed to be charged with a
short-lived products or services. noncriminal infraction. Each violation is a sepa-
(Ord. No. 09-2004, § 1, 5-18-04) rate civil infraction. Each day such violation shall
continue shall be deemed to constitute a separate
Sec. 82-377. Citation authorized for con- civil infraction.
struction contracting violations. (Ord. No. 09-2004, § 1, 5-18-04)
A code enforcement officer is hereby authorized Sec. 82-380. Refusal to sign citation.
to issue a citation for any violation of F.S.§§489.127
and 489.132(1), whenever, based upon personal Except in the absence of the person who has
investigation, the code enforcement officer has committed the violation, a code enforcement offi-
reasonable and probable grounds to believe that cer shall require the person to sign and accept a
such violation has occurred. A citation shall be citation being issued. If the person refuses to sign
‘11ire issued in accordance with the rules and proce- accept the citation, the code enforcement
dures established by this article and Florida Stat- officer shall write the words "Refused to Sign" or
Supp. No. 21 CD82:15
§82-380 CAPE CANAVERAL CODE
•0)
any other words of similar meaning in the space (b) During the administrative hearing, if the
provided in the citation for the person's signature violator demonstrates to the code enforcement
and shall leave a copy of the citation with the board that the violation is invalid or that the
person if possible, or mail a copy to the person, if violation has been corrected prior to appearing
possible, by registered or certified mail, return before the code enforcement board, the code en-
receipt requested. Following such refusal to sign forcement board may dismiss the citation unless
and accept,the code enforcement officer shall also the violation is irreparable or irreversible, in
contact the sheriffs department to report such which case the code enforcement board may order
violation of this article and F.S. § 489.127(5)(m). the violator to pay a civil penalty as set forth in
(Ord. No. 09-2004, § 1, 5-18-04) subsection (c) below.
Sec. 82-381. Stop work. (c) During the administrative hearing, if the
Any person who is issued a citation under this code enforcement board finds that a violation
article shall immediately cease the act for which exists, the code enforcement board may order the
the citation was issued upon receipt of the cita- violator to pay a civil penalty of not less than the
tion. amount set forth on the citation but not more
(Ord. No. 09-2004, § 1, 5-18-04) than $1,000.00 per day for each violation. In
Sec. 82-382. Correction of violation; pay- determining the amount of the penalty, the code
ment of penalty;notice of hear- enforcement board shall consider the following
ing. facts:
Upon receipt of a citation, the person charged (1) The gravity of the violation.
with the violation shall elect either to:
(a) Correct the violation and pay to the city (2) Any actions taken by the violator to cor-
the civil penalty in the manner indicated rect the violation.
on the citation or, (3) Any previous violations which were comJ
-
(b) Within ten days of receipt of the citation, mitted by the violator.
exclusive of weekends and legal holidays, (d) During the administrative hearing, if the
request an administrative hearing before code enforcement board finds that the violator
the city's code enforcement board to ap had not contested or paid the civil penalty set
peal the issuance of the citation in actor forth in the citation within the time required in
dance with the procedures set forth in this this article, the code enforcement board shall
article.Any request for an administrative enter an order ordering the violator to pay the
hearing shall be made and delivered in civil penalty set forth on the citation, and a
writing to the city manager by the time hearing shall not be necessary for the issuance of
set forth in this subsection. Failure to such order.
request an administrative hearing in writ-
ing within the ten-day time period shall (e) All civil penalties imposed by the code
constitute a waiver of the violator's right enforcement board under this article shall con-
to an administrative hearing.A waiver of tinue to accrue until the violator comes into
said right shall be deemed an admission compliance or until a judgment is rendered by a
of the violation, and penalties shall be court to collect or foreclose on a lien filed under
imposed as set forth on the citation. this article, whichever occurs first, regardless of
(Ord. No. 09-2004, § 1, 5-18-04) whether or not the order of the code enforcement
Sec. 82-383. Administrative hearings; ac- board sets forth this accrual requirement.
crual of penalties. (Ord. No. 09-2004, § 1, 5-18-04)
(a) All administrative hearings held pursuant Sec. 82-384. Appeals of code enforcement
to this article shall be conducted by the code board decisions.
enforcement board in accordance with the require-
ments of the Local Government Code Enforce- Any person aggrieved by a final administrative
ment Boards Act. order of the code enforcement board pursuant to
Supp. No. 21 CD82:16
BUILDINGS AND BUILDING REGULATIONS §82-400
LIMe
this article,including the city council,may appeal limited to a specific address and shall allow the
the order to the circuit court in accordance with installation at such address pursuant to the re-
F.S. §489.127(5)(j),as may be amended or renum- quirements of this section and applicable provi-
bered from time to time by the Florida Legisla- sions of the City Code including, but not limited
ture. to, zoning provisions. A permit fee shall be re-
(Ord. No. 09-2004, § 1, 5-18-04) quired by resolution of the city council and col-
lected by the city. The permit shall contain the
Sec. 82-385. Recording code enforcement dates and times of issuance, installation and
board orders. removal, the name of the person to whom the
temporary storage unit is supplied, and the ad-
A certified copy of an order of the code enforce- dress at which the temporary storage unit will be
ment board imposing a civil penalty under this installed.
article may be recorded in the public records and
thereafter shall constitute a lien against any real (c) Residential property.Temporary storage units
or personal property owned by the violator. Such are permitted on property zoned or used for
orders shall be enforced in accordance with Flor- residential purposes under the following criteria:
ida law.
(Ord. No. 09-2004, § 1, 5-18-04) (1) A maximum of one temporary storage
unit is allowed per lot.
Sec. 82-386. Notices. (2) The maximum size of the temporary stor-
All notices required by this article shall be age unit is ten feet wide, 24 feet long, and
provided to the violator by certified mail, return nine feet high.
receipt requested; by hand delivery by a law (3) The maximum time for the temporary
enforcement officer or code enforcement officer;by storage unit to remain on the lot shall be
leaving the notice at the violator's usual place of 30 consecutive days with a maximum of
residence with some person of his or her family two placements per year.
above 15 years of age and informing such person
of the contents of the notice; or by including a (d) Commercial and industrial property. Tem-
hearing date within the citation. porary storage units are permitted on property
(Ord. No. 09-2004, § 1, 5-18-04) zoned or used for commercial or industrial pur-
poses under the following criteria:
Secs. 82-387----82-399. Reserved. (1) A maximum of one temporary storage
unit is allowed per half acre,not to exceed
ARTICLE XVI. TEMPORARY STORAGE three temporary storage units per lot.
UNITS (2) The maximum time for the temporary
storage unit to remain on the lot shall be
Sec. 82-400. Temporary storage units. 30 consecutive days with a maximum of
(a) Definition. For purposes of this section, two placements per year.
"temporary storage unit" shall mean a structure (3) The temporary storage units shall not be
designed and used primarily for storage of build- stacked on top of one another.
ing materials, personal or commercial goods and
belongings, and other such material; and that is (e) Exceptions. The regulations set forth in
not intended for permanent installation. subsections (c), (d)(1) and(d)(2) shall not apply to
(b) Permit required. A supplier of a temporary temporary storage units that are:
storage unit shall obtain a permit issued by the (1) Installed for construction purposes and in
building department prior to supplying and in- conjunction with a valid and unexpired
(Itiore stalling or allowing to be installed a temporary building permit, in accordance with F.S.
storage unit within the city. The permit shall be § 553.73(8); or
Supp. No. 21 CD82:17
82-400 CAPE CANAVERAL CODE
(2) Authorized by resolution of the city coun-
cil and installed during any period de-
clared an emergency within the city by
any governmental authority.
(f) Weather emergency removal. In the event of
a tropical storm or hurricane watch issued by the
National Weather Service, the city shall have the
right to order the supplier and property owner to
remove the temporary storage unit by providing
the supplier at least 24 hours' notice of removal.
In the event of a tropical storm or hurricane
warning issued by the National Weather Service,
the temporary storage unit shall be immediately
removed by the supplier and property owner after
the warning being issued. In such situations, the
city shall have the right to enter the property and
remove the temporary storage unit if the supplier
and property owner do not remove the temporary
storage unit as required by this subsection. The
supplier and property owner, jointly and sever-
ally, shall be liable for all removal costs incurred
by the city and failure to pay said costs, upon
demand by the city, shall constitute a code viola-
tion and shall result in a lien being imposed
pursuant to F.S. ch. 162, in the amount of said
costs.
(g) Permit extensions. For good cause shown by
the owner of the property at which the temporary
storage unit will be supplied, the time periods set
forth in subparagraphs (c) and (d) may be ex-
tended by the city manager; provided an exten-
sion granted by the city manager shall not extend
more than 30 consecutive days, good cause being
limited to emergencies and situations where there
exists a reasonable risk or threat to life and
property damage.
(h) Liability. Notwithstanding any provision
to the contrary, the supplier and property owner
shall be jointly and severally liable for any viola-
tion under this section.
(Ord. No. 01-2004, § 2, 3-2-04)
3
Supp. No. 21 CD82:18
(1011111110i ZONING
Sec. 110-224. Expiration.
Secs. 110-225-110-245. Reserved.
Article VII. Districts
Division 1. Generally
Sec. 110-246. Official zoning map-Adopted.
Sec. 110-247. Same-Replacement.
Sec. 110-248. Rules for interpretation of district boundaries.
Sec. 110-249. Application of district requirements.
Sec. 110-250. Conformity.
Sec. 110-251. Structure height,maximum units,lot area,setbacks.
Sec. 110-252. Duplicate use of setbacks,open space,parking space.
Sec. 110-253. Reuse of area used for density calculations.
Sec. 110-254. Dimension or area reduction below minimum.
Sec. 110-255. Lot and street requirements for structures.
Sec. 110-256. Zoning classification of annexations.
Sec. 110-257. Unusual uses or uses not specifically permitted.
Secs. 110-258-110-270. Reserved.
Division 2. R-1 Low Density Residential District
Sec. 110-271. Intent.
Sec. 110-272. Principal uses and structures.
Sec. 110-273. Accessory uses and structures.
Sec. 110-274. Special exceptions permissible by board of adjustment.
Sec. 110-275. Prohibited uses and structures.
Sec. 110-276. Area and dimensions.
Sec. 110-277. Minimum setbacks.
Sec. 110-278. Offstreet parking and access.
Secs. 110-279-110-290. Reserved.
Division 3. R-2 Medium Density Residential District
Sec. 110-291. Intent.
Sec. 110-292. Principal uses and structures.
Sec. 110-293. Accessory uses and structures.
Sec. 110-294. Special exceptions permissible by board of adjustment.
Sec. 110-295. Prohibited uses and structures.
Sec. 110-296. Area and dimension.
Sec. 110-297. Minimum setbacks.
Sec. 110-298. Offstreet parking and access.
Secs. 110-299-110-310. Reserved.
Division 4. R-3 Medium Density Residential District
Sec. 110-311. Intent.
Sec. 110-312. Principal uses and structures.
Sec. 110-313. Accessory uses and structures.
Sec. 110-314. Special exceptions permissible by board of adjustment.
Sec. 110-315. Prohibited uses and structures.
Sec. 110-316. Area and dimensions.
Sec. 110-317. Minimum setbacks.
Sec. 110-318. Offstreet parking and access.
Sec. 110-319. Minimum breeze requirement.
Sec. 110-320. Dune crossovers required.
Sec. 110-321. Protection of public beach-end parking.
Secs. 110-322-110-330. Reserved.
Supp.No. 21 CD110:3
CAPE CANAVERAL CODE
Division 5. C-1 Low Density Commercial District
Sec. 110-331. Intent; applicability.
Sec. 110-332. Principal uses and structures.
Sec. 110-333. Accessory uses and structures.
Sec. 110-334. Special exceptions permissible by board of adjustment.
Sec. 110-335. Prohibited uses and structures.
Sec. 110-336. Area and dimensions.
Sec. 110-337. Minimum setbacks.
Sec. 110-338. Landscaping,screening and parking.
Sec. 110-339. Offstreet parking and access.
Secs. 110-340-110-350. Reserved.
Division 6. M-1 Light Industrial and Research and Development District
Sec. 110-351. Intent;applicability.
Sec. 110-352. Principal uses and structures.
Sec. 110-353. Accessory uses and structures.
Sec. 110-354. Special exceptions permissible by board of adjustment.
Sec. 110-355. Prohibited uses and structures.
Sec. 110-356. Area and dimensions.
Sec. 110-357. Minimum setbacks.
Sec. 110-358. Landscaping, screening and parking.
Sec. 110-359. Performance standards.
Sec. 110-360. Parking and loading.
Secs. 110-361-110-370. Reserved.
Division 7. Townhouses
Sec. 110-371. Permitted use.
Sec. 110-372. Area and dimensions.
Sec. 110-373. Minimum setbacks.
Sec. 110-374. Offstreet parking.
Sec. 110-375. Utilities.
Sec. 110-376. Reserved.
Sec. 110-377. Individually platted lots.
Sec. 110-378. Building permit.
Sec. 110-379. Development schedule.
Division 8. C-2 Commercial/Manufacturing District
Sec. 110-380. Intent;applicability.
Sec. 110-381. Principal uses and structures.
Sec. 110-382. Accessory uses and structures.
Sec. 110-383. Special exceptions permissible by the board of adjustment.
Sec. 110-384. Prohibited uses and structures.
Sec. 110-385. Area and dimensions.
Sec. 110-386. Minimum setbacks.
Sec. 110-387. Landscaping,screening and parking.
Sec. 110-388. Performance standards.
Sec. 110-389. Parking and loading.
Secs. 110-390-110-400. Reserved.
Article VIII. Residential Planned Unit Developments
Division 1. Generally
Sec. 110-401. Definitions.
Sec. 110-402. Purpose and intent.
Sec. 110-403. Permitted uses.
Supp.No. 21 CD110:4
th11111100' ZONING
Sec. 110-404. Common open space,drainage systems, private roads and other
related common facilities.
Sec. 110-405. Physical review.
Sec. 110-406. Building permit.
Sec. 110-407. Bonding.
Sec. 110-408. Termination zone.
Sec. 110-409. Enforcement.
Secs. 110-410-110-420. Reserved.
Division 2. Development Plans
Sec. 110-421. Application.
Sec. 110-422. Procedure for receiving approval of preliminary development
plan and tentative zoning.
Sec. 110-423. Procedure for approval of final development plan.
Secs. 110-424-110-435. Reserved.
Division 3. Land Use Regulations
Sec. 110-436. Minimum size.
Sec. 110-437. Maximum density.
Sec. 110-438. Minimum common recreation and open space.
Sec. 110-439. Minimum lot area;frontage;setbacks;accessory uses.
Sec. 110-440. Maximum length of structures.
Sec. 110-441. Minimum floor area.
Sec. 110-442. Offstreet parking.
Sec. 110-443. Underground utilities.
Sec. 110-444. Development standards.
Life, Sec. 110-445. Preservation of trees.
Secs. 110-446-110-465. Reserved.
Article IX. Supplementary District Regulations
Division 1. Generally
Sec. 110-466. Application of performance standards.
Sec. 110-467. Garage sales.
Sec. 110-468. Accessory structures.
Sec. 110-469. Visibility at intersections.
Sec. 110-470. Fences,walls and hedges.
Sec. 110-471. Exceptions to height regulations.
Sec. 110-472. Access.
Sec. 110-473. Minimum width of courts.
Sec. 110-474. Water areas.
Sec. 110-475. Sidewalks required.
Sec. 110-476. Dedicated public land.
Sec. 110-477. Dedicated public easement.
Sec. 110-478. Residential use antennas/satellite dishes.
Sec. 110-479. Sewage disposal.
Sec. 110-480. Atomic energy uses.
Sec. 110-481. Building required for commercial uses.
Sec. 110-482. Underground utilities required.
Sec. 110-483. Wireless communications towers and antennas.
Sec. 110-484. Emergency pad-mounted generators.
Sec. 110-485. Liquefied petroleum gas.
Sec. 110-486. Vacation rentals.
Sec. 110-487. Rental restrictions on dwelling units.
Sec. 110-488. Assisted living facilities.
Sec. 110-489. Pain management clinic regulations.
Supp.No. 21 CD110:5
CAPE CANAVERAL CODE
Sec. 110-490. Donation bins prohibited.
Division 2. Offstreet Parking
Sec. 110-491. Number of spaces required.
Sec. 110-492. Location of spaces.
Sec. 110-493. Access.
Secs. 110-494-110-505. Reserved.
Division 3. Offstreet Loading
Sec. 110-506. Requirements.
Sec. 110-507. Location and dimensions of space.
Secs. 110-508-110-520. Reserved.
Division 4. Home Occupations
Sec. 110-521. Permitted home occupations.
Sec. 110-522. Requirements.
Sec. 110-523. Local business tax receipt required.
Secs. 110-524-110-535. Reserved.
Division 5. Setbacks
Sec. 110-536. Building setback lines.
Sec. 110-537. Erection of more than one principal structure on lot.
Sec. 110-538. Encroachments.
Secs. 110-539-110-550. Reserved.
Division 6. Vehicles and Vessels
Sec. 110-551. Location of recreational vehicles,camping equipment,boats and
boat trailers.
Sec. 110-552. Living aboard boats.
Sec. 110-553. Living or residing in automotive vehicles.
Sec. 110-554. Parking and storage of certain vehicles.
Sec. 110-555. Paving of vehicular use areas.
Sec. 110-556. Vehicle rental facility.
Secs. 110-557-110-565. Reserved.
Division 7. Landscaping and Vegetation
Sec. 110-566. Landscaping and screening between commercial or industrial
zoning districts and residential zoning districts.
Sec. 110-567. Interior landscaping for offstreet parking areas.
Sec. 110-568. Reserved.
Secs. 110-569-110-580. Reserved.
Division 8. Swimming Pools
Sec. 110-581. Construction and location.
Sec. 110-582. Swimming pool barriers.
Sec. 110-583. Accessories.
Sec. 110-584. Minimum setbacks.
Article X. AlA Economic Opportunity Overlay District
Division 1. Generally
Sec. 110-585. Introduction.
.0)
Supp. No. 21 CD110:6
(1111111110e ZONING
Sec. 110-586. Boundary and organization.
Sec. 110-587. Applicability.
Sec. 110-588. Purpose.
Sec. 110-589. Goals.
Sec. 110-590. Objectives.
Sec. 110-591. Design principles.
Sec. 110-592. Definitions.
Secs. 110-593----110-603. Reserved.
Division 2. Administration
Sec. 110-604. Intent.
Sec. 110-605. General.
Sec. 110-606. Procedures for design compatibility approvals.
Sec. 110-607. Plan submittals.
Sec. 110-608. Nonconforming uses,structures and buildings.
Sec. 110-609. Use matrix.
Sec. 110-610. Similar and compatible uses.
Secs. 110-611-110-620. Reserved.
Division 3. Site Planning
Sec. 110-621. Intent.
Sec. 110-622. LEED or LEED equivalent design.
Sec. 110-623. Building orientation.
Sec. 110-624. Building height.
Sec. 110-625. Building setback.
Lisof Sec. 110-626. Project size.
Sec. 110-627. Lot coverage.
Sec. 110-628. On-site circulation.
Sec. 110-629. Utility and service areas.
Secs. 110-630-110-640. Reserved.
Division 4. Architectural Guidelines
Sec. 110-641. Intent.
Sec. 110-642. Similar and compatible design
Sec. 110-643. Articulation.
Sec. 110-644. Building continuity.
Sec. 110-645. Scale.
Sec. 110-646. Proportion.
Sec. 110-647. Rhythm.
Sec. 110-648. Entry treatment.
Sec. 110-649. Roof lines.
Sec. 110-650. Exterior surface materials.
Sec. 110-651. Windows and transparency.
Sec. 110-652. Storefronts.
Sec. 110-653. Color.
Sec. 110-654. Awnings and canopies.
Sec. 110-655. Ground floor lighting.
Sec. 110-656. Utilities and stormwater management area screening.
Secs. 110-657-110-667. Reserved.
Division 5. Parking
Sec. 110-668. Intent.
Sec. 110-669. Surface parking.
Sec. 110-670. Shared parking.
Lie Sec. 110-671. Parking structures.
Secs. 110-672-110-682. Reserved.
Supp.No. 21 CD110:7
CAPE CANAVERAL CODE
Division 6. Landscaping
Sec. 110-683. Intent.
Sec. 110-684. Commercial site plan review.
Sec. 110-685. Water efficient landscaping.
Sec. 110-686. Screening between commercial or industrial zoning districts or
uses and residential districts or uses.
Sec. 110-687. Project perimeter.
Sec. 110-688. Building landscaping.
Sec. 110-689. Surface parking lots.
Secs. 110-690-110-700. Reserved.
Division 7. Signage
Sec. 110-701. Intent.
Sec. 110-702. All signs.
Sec. 110-703. Awning signs.
Sec. 110-704. Pedestrian signs.
Sec. 110-705. Projecting signs.
Sec. 110-706. Wall signs.
Sec. 110-707. Hanging signs.
Sec. 110-708. Window signs.
Secs. 110-709-110-719. Reserved.
Article XI. Planned Developments
Division 1. Generally
Sec. 110-720. Definitions.
Sec. 110-721. Purpose and intent.
Sec. 110-722. Permitted uses.
Sec. 110-723. Common open space, drainage systems, and other related com-
mon facilities.
Sec. 110-724. Physical review.
Sec. 110-725. Building permit.
Sec. 110-726. Revocation.
Sec. 110-727. Enforcement.
Secs. 110-728-110-739. Reserved.
Division 2. Planned Development Plans
Sec. 110-740. Application procedures.
Sec. 110-741. Concept plan.
Sec. 110-742. Land use plan.
Sec. 110-743. Site/construction plan.
Secs. 110-744-110-754. Reserved.
3
Supp. No. 21 CD110:8
ZONING § 110-1
LIMle'
ARTICLE I. IN GENERAL not relatives of the owner or administrator. For
purposes of calculating density,2.5 assisted living
Sec. 110-1. Definitions. facility beds shall be equivalent to one dwelling
The following words, terms and phrases,when unit.
used in this chapter, shall have the meanings Automotive repair facilities includes all mechan-
ascribed to them in this section, except where the ical engine overhaul or repair and bodywork and
context clearly indicates a different meaning: painting of automotive vehicles.
Access easement. See the definition of "utility Automotive vehicle means any self-propelled
access easement." vehicle or conveyance designed and used for the
Accessory use means a use or structure on the purpose of transporting or moving persons, ani-
same lot with and of a nature customarily inci- mals, freight, merchandise or any substance. The
dental and subordinate to the principal use or term shall include passenger cars, trucks, buses,
structure. motor homes, motorcycles, scooters and station
wagons, but shall not include tractors, construc-
Alcoholic beverage means the same as defined tion equipment or machinery or any device used
by F.S. § 561.01(4)(a). for performing a job, except as stated in this
Alley means any public or private right-of-way definition.
set aside for secondary public travel and servicing
which is less than 30 feet in width. Awning means a detachable, rooflike cover,
supported by the walls of a building for protection
Antenna means any exterior transmitting or from sun or weather.
receiving device mounted on a tower, building or
Lopo, structure and used in communications that radi- means the area between two adjacent
ate or capture electromagnetic waves, digital sig streets or if no streets are present an area not to
nals, analog signals, radio frequencies (excluding exceed 600 feet in length or width.
radar signals), wireless telecommunications sig-
nals or other communication signals. Bottle club means a membership composed of a
group of people which permits the consumption of
Apartment. See the definition of"dwelling,mul- alcoholic beverages on a premises without charge.
tiple-family." Membership shall be for a period of not less than
Apartment hotel means a building designed for one year.
or containing both apartments and individual Building means any structure built for the
guestrooms or rental units, under resident super support, shelter or enclosure of persons, animals,
vision,and which maintains an inner lobby through chattels or property of any kind which has enclos-
which all tenants must pass to gain access to ing walls for 50 percent of its perimeter.The term
apartments, rooms or units. "building" shall be as if followed by the words "or
Approved structure means that which is built part thereof." For the purpose of this chapter,
or constructed or an edifice or building of any kind each portion of a building separated from other
in which collected nonhazardous material may be portions by a firewall shall be considered as a
stored. separate building. For the purpose of area and
height limitations, this definition shall be appli-
Assisted living facility shall mean any building cable to sheds and open sheds.
or buildings, section or distinct part of a building,
private home, boarding home, home for the aged, Building official means the official charged
or other residential facility, whether operated for with the administration and enforcement of this
profit or not, which undertakes through its own- chapter as provided in article II of this chapter.
ership or management to provide housing, meals,
Limol and one or more personal services for a period Camper trailer. See the definition of "recre-
exceeding 24 hours to one or more adults who are ational vehicle."
Supp.No.21 CD110:9
§ 110-1 CAPE CANAVERAL CODE
Camper(truck mounted)means a portable struc- which is the subject of the public hearing. Cour-
ture designed to be mounted on a truck or similar tesy notices may be sent by regular or certified
type vehicle, for the purpose of converting the mail, as set forth herein.
vehicle into a movable living unit, and customar-
ily used for recreational or camping use. Dedication means the deliberate appropriation
Child care facility means any child care center of land by its owner for any general and public
or child care arrangement as defined by F.S. uses, reserving to himself no other rights than
§ 402.302, as may be amended. such as are compatible with the full exercise and
enjoyment of the public uses to which the prop-
Chronic nonmalignant pain means pain unre- erty has been devoted.
lated to cancer or rheumatoid arthritis, which
persists beyond the usual course of disease or the Dish antenna. See the definition of"earth sta-
injury that is the cause of the pain, or more than tion antenna."
90 days after surgery.
Drive-in restaurant or refreshment stand means
Church means any building occupied on a any place or premises used for sale, dispensing or
permanent basis for religious exercises as a pri servicing of food, refreshments or beverages in
mary use. automobiles,including those establishments where
Common open space means a parcel or area of customers may serve themselves and may eat or
land or land and water, other than a dedicated drink the food, refreshments or beverages on the
canal, within the site and designed and intended premises.
for the use or enjoyment of residents living within
the zone or development area. Common open Drive, private, means a private way set aside
space may contain such complementary struc- for vehicular traffic that does not exceed 200 feet
tures and improvements as are necessary and in developed length and serves less than four
appropriate for the benefit and enjoyment of the residential, commercial or any combination of
residents. residential and commercial units.
Construction site means a lot or parcel upon Dwelling, mobile home, means a detached res-
which development is immediately proposed or in idential dwelling unit over eight feet in width,
progress, as authorized by a current building which bears a seal from the United States depart-
permit. ment of housing and urban development, de-
Containers means any cans, barrels, drums or signed for travel over highways and streets or for
tanks, except stationary tanks, which would be house accommodations or both, manufactured on
used for the outside storage of nonhazardous an integral chassis or undercarriage and arriving
materials. at the site where it is to be occupied, except for
minor and incidental unpacking and assembly
Convalescent home means a building where operations, location on jacks or other temporary
regular nursing care is provided for more than or permanent foundations, connection to utilities
one person, not a member of the family, who and the like.
resides on the premises.
Court means an unoccupied open space on the Dwelling, multiple-family, means a residential
same lot with the principal building and enclosed building designed for or occupied by three or more
on at least three adjacent sides by walls of the families,with the number of families in residence
principal building. not exceeding the number of dwelling units pro-
vided.
Courtesy notice means a notice of a public
hearing, not required by law, mailed at the city's Dwelling, single-family, means a detached res-
discretion pursuant to the provisions of this chap- idential dwelling unit other than a mobile home,
ter to property owners within 500 feet of property designed for and occupied by one family.
Supp.No. 21 CD110:10
(4.100, ZONING §110-1
Dwelling, two-family, means a detached resi- whether permanent or seasonal,of fireworks.The
dential building containing two dwelling units, sale of fireworks shall only be permitted within
designed for occupancy by not more than two the light industrial (M-1) zoning district.
families.
Floor area means the sum of the gross horizon-
Dwelling unit or living unit means one room or tal areas of the several floors of a building, mea-
rooms connected together,constituting a separate sured from the exterior faces of exterior walls or
independent housekeeping establishment for owner from the centerline of walls separating two at-
occupancy, for rent or lease, and physically sepa- tached buildings. The required minimum floor
rated from any other rooms or dwelling units area within each district shall not apply to acces-
which may be in the same structure and contain- sory uses.
ing independent cooking and sleeping facilities.
Garage, storage means a building or portion of
Easement means a right-of-way granted for a building thereof designed or used exclusively for
limited use of private property for a public or the storage or parking of automobiles. Service
quasipublic purpose. other than storage at such storage garage shall be
Existing grade shall mean the ground surface limited to lubrication, washing, waxing and pol
elevation prior to grading, or the addition of fill fishing. When used for such a purpose, such prop
erty may not be used in combination with any
material. other use, with the exception of mini-storage.
Fair market value means the valuation of a Guesthouse means living quarters within a
structure by the county tax assessor in his assess detached accessory building located on the same
ment for the levying of ad valorem taxes for the lot with the main building for use by temporary
tax year.‘1111 guests of the occupants of the premises, such
Family means a person or a group of persons quarters having no kitchen facilities or separate
related to each other by blood or marriage or a utility meters and not rented or otherwise used as
group of not more than four adults who are not a separate dwelling.
necessarily so related, living together under one Hedge means a row of bushes or small trees
roof as a single household unit. planted close together in such a manner as to
Fence means a structure forming a physical form a boundary or barrier.
barrier, which is constructed of wood or a similar Height of building means the vertical distance
lightweight building material. from 12 inches above the crown of the fronting
Finish grade shall mean the final grade of the road or finish grade at the building line, which-
site, which conforms to the approved plan. ever is highest, to(i)the highest point of flat roof;
(ii) the deck line of a mansard roof; (iii) the
Fireworks means any combustible or explosive average height between the eaves and ridge for
composition or substance or combinations of sub- gable, hip and gambrel roofs. Measurement must
stances or any article prepared for the purpose of be in compliance with the 100-year flood level, as
producing a visible or audible effect by combus- determined by the Federal Emergency Manage-
tion, explosion, deflagration or detonation, as de- ment Agency.
fined by F.S. § 791.01(4)(a), as may be amended.
"Fireworks"does not mean sparklers or novelties, Home occupation means any occupation con-
trick noisemakers, toy pistols or other devices in ducted entirely within a dwelling unit and carried
which paper caps containing twenty-five hun- on by an occupant thereof, which occupation is
dredths grains or less of explosive compound or clearly incidental and secondary to the use of the
mixture are used,as defined by F.S.§§791.01(4)(b) dwelling for dwelling purposes and does not change
and (c). the residential character thereof
Lime Fireworks sales facilities means any place or Hospital means a building or group of build
premises used for the sale or other distribution, ings, having room facilities for one or more over-
Supp.No. 21 CD110:11
§ 110-1 CAPE CANAVERAL CODE
night patients,used for providing services for the quired offstreet loading space is not to be included
inpatient medical or surgical care of sick or in- as offstreet parking space in computation of re-
jured humans, and which may include related quired offstreet parking space.
facilities, such as laboratories, outpatient depart-
ments training facilities, central service facilities Lot means a parcel of land of at least sufficient
and staff offices; provided, however, that such size to meet minimum zoning requirements for
related facility must be incidental and subordi use, coverage and area and to provide such set
nate to the main use and must be an integral part backs and other open spaces as are required in
of the hospital operations. this chapter. In no case of division or combination
of parcels shall any residual lot or parcel be
Hotel means a building or combination of build- created which does not meet the requirements of
ings in which lodging is provided and offered to this chapter, except townhouses. Such lot may
the public for compensation and duly licensed consist of:
pursuant to F.S. ch. 509, under single ownership (1) A lot of record; or
and operation. It shall provide an inside office
that shall be supervised by a person in charge at (2) A portion of a lot of record;or combination
all times. There shall be a minimum of six of portions of lots of record;
guestrooms per building and a minimum of 150 (3) A combination of complete lots of record or
guestrooms per hotel. As used in this definition, complete lots of record and portions of lots
the term "guestrooms" means those rooms in- of record; and/or
tended or designed to be used or which are used,
rented or hired out to be occupied or which are (4) A parcel of land described by metes and
occupied for sleeping purposes by guests. bounds.
Landscape buffer means that portion of the Lot, corner, means a lot located at the intersec-
building setback area which is located along prop- tion of two or more streets. A lot abutting on a "...01104
erty lines adjacent to streets or abutting lots and curved street shall be considered a corner lot if
which in its entirety contains landscaping. straight lines drawn from the foremost points of
the side lot lines to the foremost point of the lot
Landscaping means the arrangement of vege- meet at an interior angle of less than 135 degrees.
tation such as trees, bushes and grass, together
with other suitable materials in complementary Lot coverage means the area of a lot that is
fashion, over a tract of land for aesthetic effect. covered by an enclosed structure.This is normally
the principal and accessory structures and any
Liquefied petroleum gas (LPG) means any ma- other structure that blocks sunlight and the breeze-
terial having a vapor pressure not exceeding that way
allowed for commercial propane that is composed Lot dimensions means as follows:
predominantly of the following hydrocarbons, ei-
ther by themselves or as mixtures: propane, (1) Depth of a lot shall be considered to be the
propylene, butane (normal butane or isobutane), distance between the midpoints of straight
and butylenes. lines connecting the foremost points of the
side lot lines in front and the rearmost
Living area means the minimum floor area of a points of the side lot lines in the rear.
dwelling as measured by its outside dimensions,
exclusive of carports,porches,sheds and attached (2) Width of a lot shall be considered to be the
garages. distance between straight lines connect-
ing front and rear of the required front
Loading space, offstreet, means space logically setback; provided, however, that width
and conveniently located for bulk pickups and between side lot lines at their foremost
deliveries, scaled to delivery vehicles expected to points,where they intersect with the street
be used, and accessible to such vehicles when lines, shall not be less than 80 percent of
required offstreet parking spaces are filled. Re- the required lot width, except for lots on
Supp.No. 21 CD 110:12
ZONING § 110-1
Lave,
the turning circle of cul-de-sacs, where Marina means a place for docking boats or
the 80-percent requirement shall not ap- providing services to boats and occupants thereof,
ply; provided, however, that all lots shall including servicing and repairing boats, sale of
have a minimum of 25 feet facing a street. fuel and supplies and provision of food,beverages
Lot frontage means the narrowest portion of and entertainment as accessory uses.A yacht club
the lot fronting on a dedicated, accepted or main- shall be considered as a marina,but a hotel,motel
tained street right-of-way. or similar use, where docking of boats and provi-
sion of services thereto is incidental to other
Lot, interior, means a lot with only one frontage activities, shall not be considered as a marina nor
on a street. shall boat docks accessory to a multiple-family
dwelling where no boat-related services are ren-
Lot line means the boundary line of a lot. dered.
Lot of record means a lot whose existence, Medical or dental clinic means a building where
location and dimension have been legally re patients,who are not lodged overnight,are admit-
corded or registered in a deed or on a plat. ted for examination and treatment by one person
Lot,reversed frontage, means a lot on which the or group of persons practicing any form of the
frontage is at right angles or approximately right healing arts services to individuals,whether such
angles (interior angle less than 135 degrees) to persons are medical doctors, chiropractors, osteo-
the general pattern in the area.A reversed front- paths, chiropodists, naturopaths, optometrists,
age lot may also be a corner lot, an interior lot or dentists or any similar profession, the practice of
a through lot. which is licensed in the state. The term does not
include a place for the treatment of animals and
Lot, through, means a lot other than a corner does not include pain management clinics.
Larre lot with frontage on more than one street. A
through lot abutting two streets may be referred Mini-storage means the renting of storage space
to as a double frontage lot. which is utilized for the incidental storage of
Major recreational equipment means boats and personal effects,which space shall not exceed 280
boat trailers,travel trailers,trailers for transport- square feet of net floor area. When used for such
ing motorized vehicles,pickup campers or coaches a purpose, such property may not be used in
designed to be mounted on automotive vehicles, combination with any other use, with the excep-
designed
dwellings, tent trailers and the like, tion of storage garage.
including the coverings. Mobile home means a structure as defined in
Manufactured housing or building means a F.S. § 553.36(12).
closed structure, building assembly or system of Mobile home park means a single parcel of
subassemblies,which may include structural,elec- ground on which there are sites to be leased or
trical, plumbing, heating, ventilating or other rented to tenants for the purpose of parking
service systems manufactured in manufacturing mobile homes.
facilities for installation or erection,with or with-
out other specified components, as a finished Motel means a building or combination of build-
building or as part of a finished building, which ings in which lodging is provided and offered to
shall include but not be limited to residential, the public for compensation and duly licensed
commercial, institutional, storage and industrial pursuant to F.S. ch. 509, under single ownership
structures. This does not apply to mobile homes. and operation.As such it is open to the public the
Manufactured building may also mean, at the same as a hotel, except that the buildings are
option of the manufacturer, any building of open usually designed to serve tourists traveling by
construction made or assembled in manufactur- automobile, ingress to rooms need not be through
ing facilities away from the building site, for a lobby or office and parking usually is adjacent to
Lime installation or assembly and installation on the the dwelling unit. There shall be a minimum of
building site. six guestrooms per building and a minimum of
Supp.No. 21 CD110:13
§ 110-1 CAPE CANAVERAL CODE
150 guestrooms per motel.As used in this defini- open space area are building setbacks, areas
tion, the term "guestroom" means those rooms occupied by all building structures, parking ar-
intended or designed to be used or which are used eas, roads and drives. Recreational areas may be
rented or hired out to be occupied or which are included. Swimming pools may be included in the
occupied, for sleeping purposes by guests. calculation of minimum open space.
Motor travel home means a self-propelled vehi- Pain management clinic means a publicly or
cle containing living facilities and customarily privately owned facility that advertises in any
used for camping or recreational uses. medium for any type of pain management ser-
Net residential acre means the horizontal acre vices; or where in any month a majority of
age of a lot devoted exclusively to residential uses patients are prescribed opioids, benzodiazepines,
and their appurtenant accessory uses. Such area barbiturates, or carisoprodol for the treatment of
shall include the building site, recreation areas chronic nonmalignant pain. Registration with the
open space, swimming pools,parking, drives, set- Florida Department of Health pursuant to F.S.
back areas and the like. Net residential acreage §§ 458.3265 or 459.0137, shall be prima facia
does not include areas used for nonresidential evidence of operating as a pain management
purposes, streets, waterways, offices, golf courses clinic. Expressly exempted from this definition
or any other use not developed for the exclusive are hospitals, nursing homes, ambulatory surgi
cal care centers, hospice or intermediate care
use of the property's residents.
facilities for the disabled, or clinics which are
Nonconformity means any lot, use of land, use affiliated with an accredited medical school at
of structure, use of structure and premises or which training is provided for medical students,
characteristics of any use which was lawful at the residents or fellows.
time of enactment of the ordinance from which Parking space, offstreet, consists of a minimum
this section is derived but which does not conform paved area of 200 square feet for parking an
with the district in which it is located. automobile, exclusive of access drives or aisles
Nonhazardous material means any material thereto.
which does not increase or cause an increase of
Patio. See the definition of"terrace."
the hazard of menace of fire to a greater degree
than that customarily recognized as normal by Paving may consist of the following materials:
persons in the public service regularly engaged in macadam, asphalt, tar, cement, concrete, pervi-
preventing, suppressing or extinguishing fire. ous concrete, bricks, tile, pavestone, tilestone,
Occupied means the use of a structure or land flags,flagstone,flagging,cobblestone,cobbles,curb,
for any purpose, including occupancy for residen kerb, curbstone, kerbstone, edgestone and curb
tial, business, industrial, manufacturing, storage ing. All material must be contained by a perma
and public use. nent border and properly maintained.
Oceanfront lot means a lot that is contiguous Playground means an area of land set aside for
with the ocean beach and which is considered as outdoor recreation used by children for play and
fronting on a public street and includes those lots often equipped for specific activities. Playground
adjacent to a dedicated street.All lots contiguous may also be that part of a park or outdoor recre
with the ocean beach shall be considered interior ation facility set aside for such use by children.A
lots. playground may be public or private; however,
any recreational area established for prekinder-
Open shed means any structure that has no garten children only or for adults or college stu-
enclosing walls. dents primarily shall not be considered a play-
ground.
Open space area means that area of the lot
which is to be left open for free circulation of air Principal use of structure means a building in
and which provides an area for recreational and which is conducted the principal use of the lot on
leisure pursuits. Not to be included as part of which it is situated. In a residential district any
Supp. No. 21 CD110:14
ZONING § 110-1
dwelling shall be deemed to be the principal monthly gross revenue from the sale of food and
building on the lot on which the dwelling is nonalcoholic beverages for the immediately pre-
situated.An attached carport,shed,garage or any vious 12-month period).
other structure with one or more walls or a part of
one wall being a part of the principal building and Right-of-way means land reserved, used or to
structurally dependent, totally or in part, on the be used for a street, alley, walkway, drainage
shall comprise a facility or other public purpose.
principal building p ' part of the
principal building. A detached and structurally Satellite dish means any device incorporating a
independent carport, garage or other structure reflective surface that is solid, open mesh, or bar
shall conform to the requirements of any acces- configured that is shallow dish, cone, horn, or
sory building. A detached and structurally inde- cornucopia shaped and is used to transmit and/or
pendent garage, carport or other structure con- receive electromagnetic signals. This definition is
forming as an accessory building may be attached meant to include, but is not limited to, what are
to the principal buildings by an open breezeway commonly referred to as satellite earth stations,
not to exceed six feet in width. A connecting roof TVROs, and satellite microwave antennas.
breezeway in excess of six feet and enclosed on
one or both sides, including louvers, lattice or Schoolgrounds means all the land included in
screening, shall cause the entire structure to be the lot or parcel upon which a school building is
construed as the principal building and shall be regularly used,except during vacation periods,by
subject to the sections applicable to the principal elementary and secondary school students. The
building. school and land may be public or private.
Public use means any use of land or a structure Service station means a building and premises
L
owned and operated by a municipality, county or where petroleum products are supplied at retail,
the state or federal government or any agency as a primary use, and where,in addition,services
may be rendered and sales made as specified by
therecf and for a public service or purpose.
this chapter.
Recreational vehicle means a unit designed as Setback means a required open space on the
temporary living quarters for recreational, camp- same lot with a principal building,which space is
ing or travel use,which either has its own motive unoccupied and unobstructed by buildings from
power or is mounted on or drawn by another the ground upward except as specified in sections
vehicle. The term includes travel trailer, camping 110-468, 110-492, 110-538 and 110-567. All re-
trailer, truck camper, motor home and wheeled quired setback areas shall be properly main-
recreational trailer. tained and open space areas within the setback
areas (except parking and other legal encroach-
Redevelopment means the process of demoli- ments) shall be landscaped with greenery (sod).
tion of existing improvements and the construc-
tion of new improvements on a site. Shed means any structure built for the sup-
port, shelter or enclosure of persons, animals,
Residential district means that area set aside chattels or property of any kind which has enclos-
primarily for use as low and medium density ing walls for less than 50 percent of its perimeter.
residential housing.
Shopping center means three or more units for
Restaurant means any building or structure or purposes of mercantilism.
portion thereof in which food is prepared and Sign means the same as defined in chapter 23
served for pay to any person not residing on the of the building code adopted in section 82-31.
premises and which, at all times, derives not less
than 51 percent of its gross income from the sale Special exception means a use that would not
of nonalcoholic beverages and food prepared, sold be appropriate generally or without restriction
(111ftal and consumed on the premises (such percentage throughout the zoning division or district but
shall be determined by calculating the average which,if controlled as to number,area,location or
Supp.No. 21 CD110:15
§ 110-1 CAPE CANAVERAL CODE
relation to the neighborhood, would promote the Townhouse means a single-family dwelling unit
public health, safety,welfare, morals, order, com- constructed in a series or group of attached units
fort, convenience, appearance, prosperity or gen- with property lines separating such units.
eral welfare. Such uses as may be permitted by
the board of adjustment are identified for each Trailer means a portable structure having no
zoning district as special exceptions. foundation other than wheels,jacks or blocks that
will not be a hazard to adjacent buildings and
Story means that portion of a building included that is also fully enclosed, operable and licensed.
between the floor surface and the upper surface of
the floor next above or any portion of a building Trailer park means an area duly licensed by
used for human occupancy between the topmost the city and approved by the state board of health,
floor and roof. A basement or cellar not used for which is designed, constructed, equipped, oper-
human occupancy shall not be counted as a story. ated and maintained for the purpose of providing
space for and otherwise servicing mobile homes
Street means a public or private right-of-way and trailers.
set aside for public travel.
Travel trailer. See the definition of "recre-
Street centerline means the midpoint of the ational vehicle."
street right-of-way.
Street, private, means a private way set aside Utility access easement means an easement
for vehicular traffic that exceeds 200 feet in de- less than 20 feet wide, dedicated and used for
veloped length or serves four or more residential, utilities and utility vehicles. The term does not
commercial or any combination of residential and qualify as an alley pursuant to chapter 98 per
commercial units. Private streets shall be in- taining to subdivisions.
stalled in accordance with section 98-92. Vacant means a building or parcel of land that
Street right-of-way means the property line is neither occupied nor used.
which bounds the right-of-way set aside for use as Variance means a relaxation of the terms of
a street. this chapter when such variance will not be
Structure means that which is built or con- contrary to the public interest and when,owing to
strutted. conditions peculiar to the property and not the
result of the actions of the applicant, a literal
Swimming pool means any portable pool or enforcement of this chapter would result in un-
permanent structure containing a body of water necessary and undue hardship. As used in this
18 inches or more in depth or 250 square feet of chapter, a variance is authorized only for height,
surface area or more of water service area,includ- area, size of structure or size of yards and open
ing an ornamental reflecting pool or fish pond or spaces; establishment or expansion of a use oth-
other type of pool, regardless of size, unless it is erwise prohibited shall not be allowed by variance
located and designed so as not to create a hazard nor shall a variance be granted because of the
or not be used for swimming or wading. presence of nonconformities in the zoning district
Tent means a collapsible shelter of canvas or or used in an adjoining zoning district.
other fabric-type material. Wall means a structure forming a physical
Terrace means an open space adjacent to the barrier, which is constructed of concrete or ma-
principal building on one or two sides, prepared sonry composite.
with a hard, semihard or improved surface, for
Wall, concrete boundary, means a structure
the purpose of outdoor living.
constructed using concrete, either poured or in
Total floor area or gross floor area means the block form along the property boundary or within
area of all floors of a building, including finished the setback and used as a dividing line between
attics, finished basements and all covered areas, parcels of property in a residential zone, specifi-
including porches, sheds, carports and garages. cally excluding townhouse interior party walls.
Supp. No.21 CD110:16
ZONING § 110-25
Yard means all open space on the same lot as planning and zoning matters affecting the health,
the principal building,which space is unoccupied welfare, safety and morals of the people of the
and unobstructed by buildings from the ground city.
upward, except as otherwise provided. The term (d) No problem or situation relating to zoning
generally applies to the area from each lot line to shall be submitted to the city council prior to
the principal building and its attached porches, being submitted to and acted upon by the plan-
sheds, carports, garages and storage areas. ning and zoning board. Such problems or situa-
(Code 1981, § 632.01; Ord. No. 7-96, § 1, 6-18-96; tions relating to zoning shall include but not be
Ord.No.9-97,§ 1,9-2-97;Ord.No. 19-98,§§ 1-3, limited to the following:
6-16-98; Ord. No. 30-98, § 1, 10-20-98; Ord. No. (1) Changes in zone classification.
1-00, § 1, 2-1-00; Ord. No. 5-00, §§ 1, 2, 4-18-00; (2) Changes in zoning district boundaries and
Ord. No. 03-2003, § 2, 8-19-03; Ord. No. 02-2004, zoning maps.
§ 2, 3-02-04; Ord. No. 01-2007, § 2, 2-20-07; Ord. (3) Review and revision of zoning sections.
No. 04-2007, § 2, 6-19-07; Ord. No. 04-2008, § 3, (4) Recommendation concerning a master plan
5-6-08; Ord. No.1 3-2009, § 2, 12-15-09; Ord. No. and periodic review thereof.
05-2010, § 2, 4-20-10; Ord. No. 17-2010, § 2, (e) The planning and zoning board shall make
11-16-10; Ord. No. 04-2011, § 2, 6-21-11; Ord. No. recommendations concerning rezonings, special
06-2011, § 2, 10-18-11; Ord. No. 02-2012, § 2, exceptions and site plans in accordance with this
3-20-12; Ord. No. 06-2012, § 2, 4-17-12) chapter.
Cross reference-Definitions and rules of construction
generally,§ 1-2. (f) The board secretary shall, after each meet-
ing of the planning and zoning board, transmit a
Sec. 110-2. Board of adjustment. copy of the board's minutes to each member of the
city council, the city clerk and the city attorney.
(a) A board of adjustment is established and Such minutes shall include the board's recommen-
dations consist of seven members. dations on any matter coming before it,including
a short statement setting forth the facts upon
(b) The board of adjustment shall have the which the board's recommendations were based,
powers and duties to consider applications for as well as the board's reasons for the recommen-
special exceptions, variances, and administrative dation.
appeals under this chapter. (g) The planning and zoning board shall not
(c) The board of adjustment shall not incur incur any debts or enter into any contracts or
any debts or enter into any contracts or obliga obligations which would be enforceable against
tions which would be enforceable against the city, the city, unless prior approval has been obtained
unless prior approval has been obtained from the from the city council.
city council. (Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 13-2011,
6, 12-20-11)
(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 07-2007,
§ 2, 12-4-07; Ord. No. 13-2011, § 6, 12-20-11) Secs. 110-4-110-25. Reserved.
Sec. 110-3. Planning and zoning board.
(a) The planning and zoning board is estab-
lished and shall consist of seven members.
(b) The planning and zoning board shall oper-
ate exclusively in an advisory capacity, and no
ruling, decision or recommendation of the board
shall be binding.
(c) The board shall perform such duties as are
Laie, conferred on it by this Code and the city council
and shall, from time to time, make studies on
Supp.No. 21 CD110:17
§ 110-26 CAPE CANAVERAL CODE
ARTICLE II. PROCEDURE; LAND USE (c) All formal decisions shall be based on corn-
DECISIONS* petent substantial evidence and the applicable
criteria set forth in this article.
DIVISION 1. GENERALLY (d) The city council may adopt, by resolution,
quasi-judicial rules and procedures to implement
Sec. 110-26. Intent and purpose. this chapter.
(e) All final decisions rendered under this chap-
The intent and purpose of this article is to set ter must be consistent with the city's comprehen-
forth the procedure and requirements for apply- sive plan.
ing for variances, special exceptions, rezonings
and administrative appeals, as set forth in this (f) All final permits issued under this chapter
article. may be temporarily suspended or absolutely re-
(Ord. No. 11 2005, § 2 6-21-05) voked by majority vote of the board that rendered
the final decision if the board later determines at
a public hearing that either:
Sec. 110-27. Authority. (1) The applicant has obtained the final per-
(a) Unless otherwise provided in this chapter, mit upon false statements, fraud, deceit,
the city council shall render all final decisions misleading or perjurious statements, or
regarding rezonings and the board of adjustment suppression of material facts;
shall render all final decisions regarding vari- (2) The applicant has committed substantial
antes, special exceptions and administrative ap- violations of the terms and conditions of
peals. Final decisions of the board of adjustment any final permit; or
and city council shall be subject to appellate (3) The applicant has used any final permit
review as set forth in this division. to knowingly allow illegal activities to be
(b) The respective board rendering final deci conducted on the property which is sub-
ject to said permit.
sions may impose reasonable conditions and safe- (Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 07-2007,
guards on any approved rezoning, variance, spe-
§ 2, 12-4-07)
tial exception or administrative appeal to the
extent deemed necessary and relevant to ensure Sec. 110-28. Due process; special notice re-
compliance with applicable criteria and other quirements.
applicable provisions of the city code and compre-
hensive plan. Such conditions and safeguards, (a) All applicants shall be afforded minimal
when made part of the terms under which the due process as required by law, including the
rezoning, variance, special exception, or adminis- right to receive notice,be heard,present evidence,
trative appeal is granted,have the same force and cross-examine witnesses, and be represented by a
effect as any other provision of this Code, and duly authorized representative.
violation of same shall be deemed to be a violation
of this Code and punishable by this Code. (b) In addition to any notice requirements pro-
vided by state law, all public hearings under this
*Editor's note—Ord. No. 11-2005, § 2, adopted June 21, article shall be publicly noticed for at least 14
2005, amended art. II in its entirety and enacted new provi- calendar days prior to the date of the hearing.
sions as set out herein.The former art.II pertained to board of Said notice shall include the address of the sub-
adjustment and derived from Code 1981, §§ 645.13, 645.15, ject property, matter to be considered and the
645.17, 645.19, 645.21, 645.23, 645.27, 645.29, 645.31; Ord.
No. 43-93, §§2,3, adopted Dec. 7, 1993; Ord. No. 49-93, § 1, time, date and place of the hearing.The city shall
adopted Jan.4,1994;Ord.No.5-94,§1,adopted Feb. 1, 1994; post notice of public hearings in the following
Ord. No. 5-96, § 1, adopted June 4, 1996; Ord. No. 18-2002, manner:
§§ 2A, 2B, adopted Dec. 17, 2002; and Ord. No. 12-2003, §9,
adopted July 1, 2003. (1) Posting the affected property.
Supp.No. 21 CD110:18
ZONING § 110-29
‘1111110e
(2) Posting at city hall and on the city's accompanied by the applicable application fee
official website. adopted by the city council and shall contain the
(3) Notifying all owners of real property (in following information:
cluding homeowner's and condominium (1) A general description of the relief sought
associations) adjacent to and within 500 under this chapter.
feet of the subject property. All notices
required by this subparagraph may be (2) A brief explanation as to why the applica-
sent by regular mail except that public tion satisfies the relevant criteria set forth
hearings related to applications for rezon- in this article.
ing shall be sent by certified mail, return
receipt requested. Further, unless other- (3) The name(s) of the owner(s) of the partic-
wise provided by law, notices required by ular real property.
this subsection shall only be mailed for
the first public hearing before the first (4) If the applicant is other than all of the
board required to hear an application owners of the particular property,written
under this article. Subsequent hearings consent signed by all owners of the Aar
on the same application shall not be re ticular real property shall be attached.
quired to be noticed by this subsection. (5) The legal description of the particular
Applicants shall be solely responsible for real property, accompanied by a certified
the costs incurred for notification under survey or that portion of the map main-
this subparagraph. tamed by the Brevard County Property
(4) Notifying, by certified mail, the owner(s) Appraiser reflecting the boundaries of the
‘1111009 of the subject property for which the ap-
plication is being made.
(6) The current and future land use and the
The notice .-equirements set forth in subsec- zoning designations on the real property.
tions (1), (2), and (3) above are hereby deemed to
be courtesy notices. The failure to provide such (7) Certified survey or scaled sketch drawing
courtesy notices shall not be a basis of appealing depicting the property boundaries and all
any decision made under this chapter. structures thereon.
(c) When any proposed zoning district bound- (8) For rezonings, variances, and special ex-
ary change, variance, or special exception lies ceptions, applicants shall provide to the
within 500 feet of the boundary of any property city,at least 30 days in advance of the first
under another government's jurisdiction, notice public meeting at which the request will
shall be forwarded to the governing body of the be considered, the names and addresses
appropriate government authority in order to of all affected property owners.
afford such body an opportunity to appear at the
hearing and express its opinion on the effect of For the purpose of this requirement, an
said proposed district boundary change, variance affected property owner or owners shall
or special exception. mean any property owner or agent of
(Ord. No. 11 2005, § 2, 6-21-05; Ord. No. 07 2007, record owning property which lies within
§ 2, 12-4-07; Ord. No. 04-2008, § 3, 5-6-08) a radius of 500 feet from any boundary of
the property for which the application is
Sec. 110-29. Applications. sought, as reflected in the survey or that
portion of the map maintained by the
The city manager or the city manager's desig- Brevard County Property Appraiser re-
nee is hereby authorized to prepare applications flecting the boundaries of the parcels af-
in furtherance of this chapter.At a minimum, all fected.
(41111001 applications for rezonings, variances, special ex (Ord. No. 11 2005, § 2, 6-21-05; Ord. No. 13-2011
ceptions, and administrative appeals shall be § 6, 12-20-11)
Supp.No. 21 CD110:19
§ 110-30 CAPE CANAVERAL CODE
Sec. 110-30. Staff review; application defi- evidence and testimony presented during the pub-
ciencies. lic hearing, do not provide substantial competent
evidence to support approving the application.
(a) The city staff shall be required to review all
applications for rezonings, variances, special ex- (b) Applicants may request to postpone a sched-
ceptions and administrative appeals, and make uled public hearing on an application one time.
written recommendations to the applicable city Said request shall be submitted in writing to the
board. city manager prior to the scheduled hearing. If
(b) In the event an application does not con- postponed, the hearing shall be scheduled for the
tain information reasonably necessary for staff to board's next available meeting and the applicant
complete its review and recommendation to the shall be responsible for the cost of any additional
applicable city board, staff shall provide written notices required by this article.
notice to the applicant that the application is
deficient. The written notice shall specify the (c) During the course of a public hearing, the
board may, on its own motion or at the request of
additional information necessary for staff to cornstaff, an applicant or interested person, table or
plete its review and recommendation on the ap postpone consideration of an application at any
plication. If the applicant fails to cure the deft time for the following reasons:
ciencies within 30 calendar days of the date of the
written notice, the application shall be deemed (1) To obtain additional information relevant
abandoned and administratively denied on the to the application;
basis of an incomplete application. Upon written
request of the applicant, the city manager or the (2) Because of time constraints;
city manager's designee may grant one 30-day
extension of time for the applicant to cure the (3) To afford interested parties an opportu
deficiencies, provided the applicant demonstrates nity to testify and provide additional rel
evant evidence;
good cause for the extension. Extension requests
shall be submitted to the city manager prior to (4) For lack of quorum;
the expiration of the initial 30-day period.
(5) For emergencies;
(c) Upon completion of staffs review and writ-
ten recommendation on an application, the appli- (6) To seek legal counsel; or
cation shall be scheduled for consideration by the
planning and zoning board or board of adjust- (7) For any other circumstances in further
ment, as required by this article, for a duly ance of due process.
noticed public hearing at the board's next avail (Ord. No. 01 2009, § 2, 2-3-09)
able meeting.
(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 01-09, Sec. 110-31. Reconsideration of rezonings,
§ 2, 2-3-2009) variances,special exceptions or
administrative appeals.
Sec. 110-30.1. Attendance required at pub-
lic hearings; postponement of When a petition for rezoning, variance, special
hearings. exception or administrative appeal has been acted
on by the city council or board of adjustment and
(a) Applicants shall be required to attend all was disapproved or failed to pass,such petition in
public hearings required by this article to answer the same or substantially similar form shall not
questions and to provide supplemental evidence be reconsidered by the city council or board of
and testimony on the applicable review criteria. adjustment for a period of two years. This section
Failure of an applicant to appear at the public shall not apply to the property owner if the
hearings may be a basis for denial of an applica- original request was an administrative applica-
tion where the board determines that the appli- tion initiated by any official,department,board or
cation on its face, as well as any additional agency of the city acting in any official capacity.
Supp.No. 21 CD110:20
ZONING § 110-34
This section shall not apply to any initial petition chapter of this Code shall have the right
or petition for reconsideration filed by the city to appeal the final decision to the city
council. council.
(Ord. No. 11-2005, § 2, 6-21-05) (2) Any such appeal shall be filed with the
city manager within ten calendar days of
Sec. 110-32. Expiration of variance or spe- the date of the final decision. The city
tial exception; abandonment. manager shall schedule the city council's
consideration of the appeal for the next
(a) Any variance or special exception approved
available regular city council meeting and
by the board of adjustment pursuant to this shall provide the party seeking appellate
article shall expire 12 months after the effective review with written notice of the date,
date of such approval unless a building permit time and location of said meeting.
based upon and incorporating the variance or
special expiration is issued by the city within said (3) The city council's consideration of the
time period. Upon written request of the property final decision being appealed shall be de
owner, the board of adjustment may extend the novo. The city council shall hear and
expiration date, without public hearing, by an consider the evidence and testimony of
additional 12-month period, provided the prop- any interested party and shall either of
erty owner demonstrates good cause for the ex firm or reverse, wholly or in part, the
tension. Such request shall be submitted to the decision of the board of adjustment or
board of adjustment prior to the expiration of the community appearance board. However,
first 12-month period. In addition, if the afore- with respect to administrative appeals
mentioned building permit is timely issued, and under section 110 40, the city council's de
(11.0001 the building permit subsequently expires and the novo review shall be of the record trans-
mitted development project is abandoned or dis- mitted to the board of adjustment by the
continued for a period of six months,the variance building official. A concurring majority
or special exception shall be deemed expired and vote of the city council shall be required
null and void. for any decision made by the city council
under this section.
(b) Thereafter, a variance or special exception (4) Failure of any aggrieved party to appeal
shall expire and become null and void if the use to the city council pursuant to this section
granted thereunder is abandoned or otherwise shall be deemed a waiver of that party's
ceases to exist for a period of 18 consecutive right to judicial review.
months. As used herein, abandoned shall mean
that the applicant has gone out of business,let all (b) Appeals from city council. Any party ag
business licenses lapse or has otherwise changed grieved by any final decision of the city council
the use of the property in conformance with this made under this section shall have the right to
Code. Once a variance or special exception has file an appropriate action in a court of competent
lapsed due to abandonment, the applicant must jurisdiction.
resubmit its request for variance or special excep (Ord. No. 11 2005, § 2, 6-21-05; Ord. No. 07 2007,
tion pursuant to this article. § 2, 12-4-07)
(Ord. No. 11-2005, § 2, 6-21-05)
DIVISION 2. REZONINGS
Sec. 110-33. Appellate review.
Sec. 110-34. Rezoning applicant obligations.
(a) Appeals from board of adjustment or com- (a) Any of the following may file an application
munity appearance board. for rezoning requesting that the sections, restric-
(1) Any party aggrieved by any final decision tions and boundaries set forth in this chapter be
of the board of adjustment or the commu- supplemented, changed or repealed:ire
nity appearance board made under any (1) Any person or entity.
Supp.No. 21 CD110:21
§ 110-34 CAPE CANAVERAL CODE
(2) The city council. (6) The proposed rezoning change would not
(3) The planning and zoning board. materially alter the population density
pattern in a manner that would overtax
(4) The city manager. the load on public facilities and services
(b) Rezoning applications shall be submitted such as schools,utilities,streets,and other
at least 30 days prior to the planning and zoning municipal services and infrastructure;
board meeting at which such application is to be (7) The proposed rezoning would not result in
considered. existing zoning district boundaries that
(Ord. No. 11-2005, § 2, 6-21-05) are illogically drawn in relation to exist-
ing conditions on the property and the
Sec. 110-35. Procedure. surrounding area and the land use pat-
(a) The planning and zoning board shall be tern established by the city's comprehen
required to review all rezoning applications and sive plan;
make a written recommendation to the city coun- (8) Changed or changing conditions make the
cil. Such recommendation shall include the rea- proposed rezoning necessary;
sons for the board's recommendation and show
(9) The proposed rezoning change will not
the board has considered the applicable rezoning seriously reduce light or air to adjacent
criteria set forth in this section.
areas;
(b) Upon receipt of the planning and zoning (10) Should the city be presented with compe-
board's recommendation, the city council shall tent substantial evidence indicating that
make a final decision on the application. If the property values will be adversely affected
city council determines that the planning and by the proposed rezoning, the applicant
zoning board has not made a recommendation on must demonstrate that the proposed re-
an application within a reasonable period of time, zoning change will not adversely affect
the city council may, at its discretion, consider an property values in the surrounding area;
application without the planning and zoning board's
recommendation. (11) The proposed rezoning will not be a sub-
stantial detriment to the future improve-
(c) All rezoning applications shall be reviewed ment or development of vacant adjacent
for compliance with the following standards: property;
(1) The proposed rezoning change is in coin- (12) The proposed rezoning will not constitute
pliance with all procedural requirements a grant of special privilege to an individ-
established by the City Code and law; ual owner as contrasted with the public
(2) The proposed rezoning change is consis- welfare;
tent with the city's comprehensive plan (13) The proposed rezoning change is not out
including, but not limited to, the future of scale or incompatible with the needs of
land use map and the proposed change the neighborhood or the city;
would not have an adverse effect on the
comprehensive plan; (14) The proposed rezoning does not violate
(3) The proposed rezoning change is consis any applicable land use regulations ad-
opted by the city.
tent with any master plan applicable to
the property; (d) In approving a change in the zoning classi-
(4) The proposed rezoning change is not con- fication on a lot or parcel of land,at the request of
trary to the land use pattern established or with the concurrence of the owner(s)of said lot
by the city's comprehensive plan; or parcel,the city council may approve a rezoning
subject to restrictions provided such restrictions
(5) The proposed rezoning change would not do not confer any special privilege upon the own-
create a spot zone prohibited by law; er(s) or subject property that would otherwise be
Supp.No. 21 CD110:22
ZONING § 110-37
denied by the city's land development regulations DIVISION 3. VARIANCES
in the same zoning district. Such restrictions may
include one or more of the following: Sec. 110-36. Variance applicant obligations.
(1) Use restrictions greater than those other- (a) Any of the following may file a variance
wise specified for that particular district; application requesting variance from this chapter
(2) Density restrictions greater than those for their real property:
otherwise specified for the particular dis- (1) The owner(s) of the property described in
trict; the application.
(3) Setbacks greater than those otherwise (2) Tenants, with the owner's sworn consent.
specified for the particular district,includ-
ing setbacks from lakes and major arte (3) Duly authorized agents of the owner(s)of
rial roadways; the property evidenced by a written power
of attorney.
(4) Height limits more restrictive than other (4) The city council.
wise permitted in the district;
(5) Minimum lot areas or minimum widths (5) The planning and zoning board.
greater than otherwise specified for the (6) The city manager.
particular district;
(b) Variance applications shall be submitted at
(6) Minimum floor area greater than other- least 30 days prior to the board of adjustment
wise specified for structures in the partic- meeting at which such application is to be consid-
L ular district; ered.
(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 13-2011,
(7) Open space requirements greater than § 6, 12-20-11)
otherwise specified for structures in the
particular district; Sec. 110-37. Procedure.
(8) Parking, loading driveway or traffic re-
quirements more restrictive than other- (a) The board of adjustment shall be required
to review all variance applications and shall make
wise required for the particular district; a final decision on each application based on the
(9) Fencing or screening requirements greater applicable variance criteria set forth in this sec
than otherwise required for the particular tion.
district; (b) All variance decisions shall be based on an
(10) Restrictions on any other matters which affirmative finding as to each of the following
the city council is authorized to regulate. criteria:
Upon (1) That special conditions and circumstances
approval of such restrictive rezonings,
exist which are peculiar to the land,struc-
the city shall enter a reference to the restrictions ture or building involved and which are
on the city's official zoning map, and a notice of not applicable to other lands,buildings or
zoning restrictions shall be recorded in the public structures in the same zoning district.
records of Brevard County. Restrictions shall run
with the land, without regard to transfer of own- (2) That literal interpretation of this chapter
ership or other interests, and may be removed would deprive the applicant of rights corn-
only upon further amendment to the zoning clas- monly enjoyed by other properties in the
sification of the subject property in accordance same zoning district under the terms of
with the procedures prescribed herein. this chapter and would work unnecessary
(Ord. No. 11 2005, § 2, 6-21-05) and undue hardship on the applicant.
Supp.No. 21 CD110:23
§ 110-37 CAPE CANAVERAL CODE
(3) That the special conditions and circum- (b) Special exception applications shall be sub-
stances referred to in subsection(1)do not mitted at least 30 days prior to the planning and
result from the actions of the applicant. zoning board meeting at which such application is
to be considered.
(4) That approval of the variance requested
will not confer on the applicant any spe- (c) In addition to the application requirements
cial privilege that is denied by this chap- set forth in this article, special exception applica-
ter to other lands,buildings,or structures tions shall indicate the section of this Code under
in the same zoning district. which the special exception is sought and state
the grounds upon which the special exception is
(5) That the requested variance is the mini- sought.
mum variance from this chapter neces- (Ord. No. 11-2005, § 2, 6-21-05)
sary to make possible the reasonable use
of the land, building or structure. Sec. 110-39. Procedure.
(6) That approval of the variance will be in (a) The planning and zoning board shall be
harmony with the general intent and pur- required to review all special exception applica-
pose of this chapter, and will not be inju- tions and make a written recommendation to the
rious to the neighborhood or otherwise board of adjustment. Such recommendation shall
detrimental to the public welfare. include the reasons for the board's recommenda-
tion and show the board has considered the ap-
(c) Under no circumstances shall the board of plicable special exception criteria set forth in this
adjustment grant a variance to permit a use not section.
generally or by special exception permitted in the
J
district involved or any use expressly or by impli (b) Upon receipt of the planning and zoning
cation prohibited by this chapter. board's recommendation,the board of adjustment
(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 13-2011, shall make a final decision on the application. If
§ 6, 12-20-11) the board of adjustment determines that the
planning and zoning board has not made a rec-
ommendation on an application within a reason-
DIVISION 4. SPECIAL EXCEPTIONS able period of time, the board of adjustment may,
at its discretion, consider an application without
Sec. 110-38. Special exception applicant ob- the planning and zoning board's recommenda-
ligations. tion.
(a) Any of the following may file a special (c) All special exception recommendations and
exception application requesting a special excep final decisions shall be based on the following
tion from this chapter for their real property: criteria to the extent applicable:
(1) Whether the applicant has demonstrated
(1) The owner(s) of the property described in the special exception, including its pro-
the application. posed scale and intensity, traffic-generat-
(2) Tenants, with the owner's sworn consent. ing characteristics, and offsite impacts, is
compatible and harmonious with adjacent
(3) Duly authorized agents of the owner(s)of land uses, and will not adversely impact
the property evidenced by a written power land use activities in the immediate vicin-
of attorney. ity.
(4) The city council. (2) Whether the applicant has demonstrated
the size and shape of the site, the pro-
(5) The planning and zoning board. posed access and internal circulation, and
the design enhancements to be adequate
(6) The city manager. to accommodate the proposed scale and
Supp. No. 21 CD110:24
ZONING § 110-40
intensity of the special exception re- forth in this section. Any of the following may
quested.The site shall be of sufficient size seek review of an administrative decision pursu-
to accommodate design amenities such as ant to this section:
screening,buffers,landscaping,open space,
off-street parking, and other similar site (1) City council;
plan improvements needed to mitigate (2) Planning and zoning board;
against potential adverse impacts of the
proposed special exception. (3) Any person aggrieved or affected by any
decision of an administrative official in
(3) Whether the proposed special exception the interpretation of any portion of this
will have an adverse impact on the local chapter.
economy, including governmental fiscal (b) Appeals shall be taken within 30 days after
impact, employment, and property val- such administrative decision is made by filing a
ues. written notice of appeal with the city clerk's office
(4) Whether the proposed special exception stating the name of the decision maker, date of
will have an adverse impact on the natu the decision, applicable code provisions and the
ral environment,including air,water,and specific grounds for appeal. Upon receipt of the
noise pollution, vegetation and wildlife, notice of appeal, the city clerk's office shall work
open space, noxious and desirable vegeta- with the appropriate department to schedule the
tion, and flood hazards. appeal before the board of adjustment and trans-
mit all documents, plans, papers or other materi-
(5) Whether the proposed special exception als constituting the record upon which the action
will have an adverse impact on historic, appealed from was taken.
Lige, scenic, and cultural resources, including
views and vistas, and loss or degradation (c) The board of adjustment shall be required
of cultural and historic resources. to review all administrative appeals and prepare
written findings constituting its final decision on
(6) Whether the proposed special exception the administrative appeal based on the criteria
will have an adverse impact on public set forth in this section.
services, including water, sewer, surface (d) Review of administrative decisions shall be
water management,police,fire,parks and based on the following criteria:
recreation, streets, public transportation,
marina and waterways, and bicycle and (1) Whether the applicant was properly af-
pedestrian facilities. forded procedural due process;
(7) Whether the proposed special exception (2) Whether the decision under review is sup-
will have an adverse impact on housing ported by competent, substantial evi
and social conditions, including variety of dente; and
housing unit types and prices, and neigh- (3) Whether the decision under review corn-
borhood quality. plied with applicable law, including a
(Ord. No. 11-2005, § 2, 6-21-05) proper interpretation of any provision un-
der this chapter.
DIVISION 5. ADMINISTRATIVE APPEALS (e) An administrative appeal filed pursuant to
this section stays all proceedings in furtherance of
Sec. 110-40. Administrative appeals. the action appealed from, unless the administra-
tive official from whom the appeal is taken certi-
(a) Any final administrative decision regard- fies in writing to the board of adjustment after the
ing the enforcement or interpretation of this chap- notice of appeal is filed that, because of facts
Loo, ter, where it is alleged there is an error by an stated in the certificate, a stay would, in the
administrative official, can be appealed as set administrative official's opinion, cause imminent
Supp. No. 21 CD110:25
§ 110-40 CAPE CANAVERAL CODE
peril to life and property. In such case where the duties of the city council in connection with this
administrative official makes such certification, chapter shall not include hearing and deciding
proceedings shall not be stayed other than by an questions of enforcement that may arise.
injunction, which may be granted by the board of
adjustment or issued by a court of competent The procedure for deciding such questions shall
jurisdiction. be as stated in this section and this chapter.
Under this chapter the city council shall have
(f) The board of adjustment shall have the only the duties of:
right to reverse or affirm, wholly or in part, or
may modify the order, requirement, decision or (1) Considering and adopting or rejecting pro
determination as ought to be made, and to that posed amendments or the repeal of this
end, shall have all the powers of the officers from chapter, as provided by law; and
whom the appeal is taken. The concurring major- (2) Establishing a schedule of fees and charges.
ity vote of the board of adjustment shall be
necessary for any decision made pursuant to this (3) Deciding appeals from final decisions of
section. the board of adjustment or community
(Ord. No. 07-2007, § 2, 12-4-07; Ord. No. 13-2011, appearance board pursuant to its author-
§ 6, 12-20-11) ity under section 110-33.
(Code 1981, § 645.35; Ord. No. 3-94, § 1, 2-1-94;
Secs. 110-41-110-85. Reserved. Ord. No. 02-2006, § 2, 3-21-06; Ord. No. 07-2007,
§ 2, 12-4-07)
ARTICLE III. ADMINISTRATION AND Sec. 110-88. Duties of building official.
ENFORCEMENT*
(a) The building official, under the supervision
DIVISION 1. GENERALLY of the city manager or department head duly
delegated and appointed by the city manager,
shall administer and enforce this chapter. He
Sec. 110-86. Conflicts with other ordinances. shall be provided with assistance of such other
Whenever the sections of this chapter are at officers and employees of the city as may be
variance with the requirements of any other law necessary to enforce this chapter.
fully adopted rules,regulations or ordinances,the (b) If the building official finds that any section
most restrictive or that imposing the higher stan of this chapter is being violated,he shall notify,in
dards shall govern. writing,the person responsible for such violation,
(Code 1981, § 645.39) indicating the nature of the violation and order-
ing the action necessary to correct it. He shall
Sec. 110-87. Interpretation of chapter. order discontinuance of illegal work being done or
It is the intent of this chapter that all questions shall take any other action authorized by this
regarding the interpretation and application of chapter or by law to ensure compliance with or to
the provisions of this chapter shall be first pre- prevent violation of this chapter.
sented to the building official and that such ques-
tions shall be presented to the board of adjust- 3-21-06)
ment only on appeal from the decision of the
building official and that recourse from the deci- Sec. 110-89. Penalties for violation.
sions of the board of adjustment shall be to the
city council.Any appeal from a decision of the city Any person who violates, disobeys, omits, ne
council shall be to the courts as provided by law.It gleets or refuses to comply with or who resists the
is further the intent of this chapter that the enforcement of this chapter shall, upon convic-
tion, be punished as provided by section 1-15.
*Cross reference—Administration,ch. 2. (Code 1981, § 645.43)
Supp. No. 21 CD110:26
ZONING § 110-106
(1111b0"
Sec. 110-90. Complaints of violations. involved costs for advertising,publication,admin-
Whenever a violation of this chapter occurs or istration and recording, as determined by the city
is alleged to have occurred, any person may file a clerk. If the process is not completed, any
complaint.Such complaint stating fully the causes unexpended prepaid fees will be refunded to the
and basis thereof shall be filed with the building applicant.
official. He shall record properly such complaint, (c) No permit or certificate shall be issued and
immediately investigate and take action thereon no inspection, public notice or other action rela-
as provided by this chapter. tive to zoning petitions, zoning ordinance amend-
(Code 1981, § 645.41) ments, special exceptions, variances or appeals
shall be instituted until after such fees, costs and
Sec. 110-91. Conformity to plans, specifica- charges have been paid, except in those cases
tions, intended uses and appli- wherein fees are waived as specified in this sec-
cations. tion. All fees, costs and charges, upon collection,
Under this chapter, building permits or certif shall be deposited in the general fund of the city.
icates of occupancy issued by the building depart- (d) Fees for proposed zoning amendments or
ment on the basis of plans, specifications, in- appeals of administrative decisions shall be waived,
tended uses and applications and approved by the provided the petition for amendment or appeal is
building official authorizing use, arrangement, sponsored by a majority of the city council or the
construction and design shall only be as described planning and zoning board. Compliance with this
in plans, specifications, intended uses and appli- subsection renders the petition an official city
cations. Use, arrangement, construction and de- mandate for presentation to the board of adjust-
sign at variance with those authorized by the ment or the city council, as appropriate, for final
plans, specifications, intended uses and applica-
tions shall be deemed a violation of this chapter (Code 1981, § 645.37; Ord. No. 02-2006, § 2,
and shall authorize the building official to revoke 3-21-06)
or suspend any previously issued building per-
mits or certificates of occupancy, or pursue any Secs. 110-93-110-105. Reserved.
other remedy necessary to carry out his or her
duties under this chapter and other applicable
law. DIVISION 2. PERMITS
(Code 1981, § 645.11; Ord. No. 02-2006, § 2,
3-21-06) Sec. 110-106. Required.
Sec. 110-92. Schedule of fees, charges and (a) No building or other structure shall be
expenses. erected, moved, added to or structurally altered
without a permit issued by the building official in
(a) The fees and charges, in connection with accordance with law.
matters pertinent to zoning, including, but not
limited to, zoning petitions, zoning ordinance (b) The issuance of a permit upon plans and
amendments, special exceptions, variances and specifications shall not prevent the building offi-
appeals,shall be as set forth in appendix B to this cial from thereafter requiring the correction of
Code. When the fee has been paid and the appli- errors in such plans and specifications and requir-
cation filed, there shall be no return or rebate of ing the correction of building operations being
the fee, regardless of the city's determination in carried on thereunder to conform to corrected
the matter involved. plans and specifications,when in violation of this
Code.
(b) In addition to the scheduled fees, when an
application is filed for rezoning or for a proposed (c) No permit shall be issued for a building or
Lirof amendment to this chapter, the applicant shall use on a lot or parcel in any land use classification
deposit with the city sufficient money to defray all that does not abut on a public street or an
Supp.No.21 CD110:27
§ 110-106 CAPE CANAVERAL CODE
approved private street or easement dedicated to the property lines, and the dimensions to other
and accepted by the city providing legal access to structures and improvements located on the same
a public street. lot.
(Code 1981, § 645.03; Ord. No. 02-2006, § 2,
3-21-06) (c) One copy of the plans shall be returned to
the applicant by the building official, after he
shall have marked such copy as permitted for
Sec. 110-107. Application. construction and attested to such by his signature
on such copy. This copy of the plans shall be
(a) All applications for building permits re- available at the site of construction during all
quired under this chapter shall be made in con- times when construction is being carried on. The
formity with this chapter and other applicable second copy of the plans, similarly marked, shall
city ordinances or codes, including those ordi- be retained by the building official.
nances or codes applicable to the building and (d) No building permit shall be granted for the
construction industry. All applications for build- construction, addition or alteration of a place of
ing permits shall be accompanied by the appro- assembly, unless plans signed by a registered
priate number of copies of plans, as determined architect or registered engineer, according to the
by the building official, drawn to scale, showing laws of the state governing the practice of archi-
the legal description and the actual dimensions tecture, accompany the permit application.
and shape of the lot to be built upon; the exact
sizes and locations on the lot of buildings already (e) Where plans and specifications for construc-
existing,if any,and the size,shape and location of tion in the city are revised by the city engineer,
the building or alteration, including accessory the actual costs of such review shall be paid by the
buildings or structures, if any. The application applicant, whether a building permit is issued or
shall include such other information as lawfully not.The building official shall require a deposit of
may be required by the building official,including estimated cost upon receipt of the application for
existing or proposed building or alteration; exist- a building permit.
ing or proposed uses of the building and land; the (Code 1981 § 645.04; Ord. No. 02-2006, § 2,
number of families, housekeeping units or rental 3-21-06)
units the building is designed to accommodate;
conditions existing on the lot; and such other Sec. 110-108. Expiration.
matters as may be necessary to determine confor- The expiration date of the building permit
mance with and provide for the enforcement of shall be in accordance with the building code
this chapter. adopted in section 82-31.
(Code 1981, § 645.09; Ord. No. 02-2006, § 2,
(b) It shall be unlawful for any person to 3-21-06)
continue construction of any building or structure
beyond grade beam form, stemwall form or mono- Secs. 110-109-110-120. Reserved.
lithic slab form, as appropriate to the type of
foundation construction, until a scaled form DIVISION 3. CERTIFICATE OF OCCUPANCY
board survey has been prepared by a Florida
licensed surveyor and approved by the building Sec. 110-121. Required.
official. One copy of the survey shall be filed with
the city.The form-board survey shall be indicative No building or structure shall be used or occu-
of the intended placement of concrete for the pied, and no change in the existing occupancy
foundation of the structure and shall include, at a classification of a building or structure or portion
minimum, the name and address of the project, thereof shall be made until the building official
the elevations at the top of the forms, the eleva- has issued a certificate of occupancy therefor.
tions of the centerline of the abutting roadway, Issuance of a certificate of occupancy shall not be
the dimensions for the structure, the dimensions construed as an approval of a violation of the
'Nesil01)
Supp. No. 21 CD 110:28
ZONING § 110-171
provisions of the city code or any other applicable exception is granted as provided in this chapter
law. If issuance of such certificate is refused, the shall be deemed, as to that particular special
building official shall state such refusal in writing exception, to have all the rights and privileges of
with the reason. A temporary certificate of occu- a conforming use, restricted, however, by the
pancy may be issued by the building official for a terms of that specific special exception as granted.
period not exceeding six months during altera- (Code 1981, § 643.11)
tions or partial occupancy of a building pending
its completion, provided that such temporary cer- Secs. 110-162-110-170. Reserved.
tificate may require such conditions and safe-
guards as will protect the safety of the occupants
and the public. DIVISION 2. ALCOHOLIC BEVERAGESt
(Code 1981, § 645.07; Ord. No. 05-2006, § 2,
6-20-06) Sec. 110-171. Establishments serving alco-
holic beverages.
Sec. 110-122. Hotels and motels.
(a) Establishments which shall require a spe-
A certificate of occupancy for hotels and motels cial exception under this chapter by the board of
shall only be issued initially for a minimum of 150 adjustment are those, whether or not licensed by
units. After a hotel or motel project has received the State Department of Business and Profes-
its initial certificate of occupancy for its first 150 sional Regulation,Division of Alcoholic Beverages
units, subsequent certificates of occupancy may and Tobacco, which permit consumption on the
be issued for each building constructed thereafter. premises of alcoholic beverages, with the excep-
All units within any one building of a hotel or tion of restaurants and hotels. In consideration of
motel shall be completed before a certificate of a special exception application, the board of ad
occupancy is issued. justment shall not approve the application unless
(Code 1981, § 645.08; Ord. No. 30 98, § 2, 10-20it is totally consistent with all the conditions as
98) set forth in this section and also the following:
Secs. 110-123-110-135. Reserved. (1) The establishment shall not be permitted
to locate:
DIVISION 4. RESERVED* (A) Within 300 feet of any existing church,
school grounds or playgrounds nor
Secs. 110-136-110-160. Reserved. shall a church, school or playground
be permitted to locate within 300
feet of any existing establishment
ARTICLE IV. SPECIAL EXCEPTIONS which permits the on-premises con-
sumption of alcoholic beverages,with
DIVISION 1. GENERALLY the exception of restaurants, hotels,
and chapters or incorporated clubs
Sec. 110-161. Structures and uses approved or veteran's fraternal organizations
by special exception. conforming F.S. § 565.02(4).The dis-
tance shall be measured as the short-
A special exception is not deemed nonconform- est linear distance between the grop-
ing. Any structure or use for which a special erty line of the establishment which
provides or proposes to provide for
*Editor's note Ord. No. 11-2005, § 2, adopted June 21, the sale and consumption of alco-
2005, repealed div. 4, which pertained to amendments and
rezonings and derived from Code 1981, ch. 647; §§ 647.03, holic beverages and the property line
647.05, 643.11, 647.01, and 647.05; Ord. No. 14-97, § 1, of the church,school grounds or play-
adopted Nov. 18, 1997; Ord. No. 6-99, § 1, adopted June 15, ground.
1999;Ord. No. 09-2002,§ 1,adopted May 21,2002; and Ord.
No. 18-2002,§ 2C,adopted Dec. 17,2002. tCross reference—Alcoholic beverages,ch. 6.
Supp.No. 21 CD110:29
§ 110-171 CAPE CANAVERAL CODE
(B) Within 300 feet inland of the mean (5) Each application for a special exception
high-water line of the Atlantic Ocean shall be accompanied by a site plan map
or of the Banana River. The distance and a building floor plan.
shall be measured as the shortest
linear distance between the property a. The site plan map shall be drawn at
line of the establishment which pro- a scale not less than one inch equals
vides or proposes to provide for the 100 feet and shall indicate the fol
sale and consumption of alcoholic lowing information:
beverages and the mean high-water 1. Location and dimension of the
line of the Atlantic Ocean or of the proposed establishment's prop-
Banana River. Restaurants shall not erty lines, all existing and pro-
be subject to the limitations set forth posed structures, driveways,
in this subsection (B). parking spaces and ingress/
(2) The establishment,if licensed by the state egress points.
division of alcoholic beverages and to- 2. The following information shall
bacco to permit on-premises consumption be presented in tabulated form:
of beverages, shall not be located within i. Number of parking spaces.
2,000 feet of another licensed establish-
ment. The distance shall be measured as ii. Number of restaurant
the shortest linear distance between the seats.
property line of the establishment which iii. Number of bar/lounge
proposes to provide for the sale and con- seats.
sumption of alcoholic beverages and the iv. Building area.
property line of any establishment which
currently provides for the sale and con- v. Lot area.
sumption of alcoholic beverages. Further, b. The building floor plan shall be of a
the establishment shall be in compliance scale appropriate for the establish-
with the Florida beverage laws (F.S. chs. ment, but in no case shall the scale
561 through 568).Restaurants;hotels and be less than one-eighth inch equals
motels approved in accordance with the one foot and shall detail room lay-
City Code; and chapters or incorporated outs and exits to include a depiction
clubs or veteran's fraternal organizations of all seats inside or outside of the
conforming to F.S. § 565.02(4), shall not building for restaurant and bar/
be subject to the distance requirements of lounge.
this subsection (2).
(3) Package retail sales of alcoholic beverages (b) Any special exception granted under this
for carryout, except for beer and wine section may be temporarily suspended or abso-
sales,shall comply with subsections(a)(1) lutely revoked by majority vote of the board of
and (a)(4) of this section only. adjustment at a public hearing,when the board of
adjustment has determined by competent substan-
(4) One parking space shall be provided for tial evidence that either:
each three seats or seating places. All
seats or seating places, whether located (1) The establishment has obtained the spe-
within a restaurant area or a bar/lounge cial exception upon false statements,fraud,
area,will be included in the calculation of deceit,misleading statements,or suppres-
the required number of parking spaces. sion of material facts;
Package retail sales establishments shall
provide parking as determined by the (2) The establishment has committed substan-
building official, who shall use the ratios tial violations of the terms and conditions
established in article IX of this chapter. on which the special exception was granted;
Supp. No. 21 CD110:30
ZONING § 110-191
(1110•1
(3) The establishment no longer meets the through 568,and may authorize consump-
requirements of this section or the Florida tion of such beverages on the premises
Beverage Code; only.
(4) The management of the establishment (2) Nonprofit civic organizations. The direc-
knowingly allowed illegal activities to be tor of the division of alcoholic beverages
conducted on the premises including, but and tobacco may issue a permit authoriz-
not limited to,possession or sale of illegal ing a bona fide nonprofit civic organiza-
substances,racketeering,prostitution,lewd tion to sell alcoholic beverages for con-
and lascivious behavior,and unlawful gam- sumption on the premises only,for a period
bling; or not to exceed three days. All net profits
from sales of alcoholic beverages collected
(5) The management knowingly allowed the during the permit period must be re-
establishment to become a nuisance be- tamed by the nonprofit civic organization.
cause of chronic, habitual or ongoing vio- Any such civic organization may be issued
lations of law, including the city code. only three such permits per calendar year.
Prior to any special exception being revoked, (b) Any person or entity issued a temporary
the establishment shall be provided with min- alcoholic beverage permit pursuant to this section
imum due process including notice of the grounds shall be subject to the provisions of chapter 6 of
for revocation and hearing date, an opportu- the City Code, Alcoholic Beverages, as amended
nity to be heard, the right to present evidence, from time to time, including, but not limited to,
and the right to cross-examine adverse wit- hours of operation and nudity on the premises.
nesses. (Ord. No. 03-2006, § 2, 6-20-06)
L (Code 1981, § 642.01; Ord. No. 15-96, § 1, 9-3-96;
Ord.No.20-96,§ 1,9-17-96;Ord.No. 09-2003,§2, Secs. 110-173-110-190. Reserved.
5-6-03; Ord. No. 19 2003, § 2, 7-15-03; Ord. No.
36-2003, § 2, 10-21-03; Ord. No. 03-2006, § 2,
6-20-06; Ord. No. 04-2006, § 3, 6-20-06; Ord. No. ARTICLE V. NONCONFORMITIES*
23-2006,§2, 1-2-07;Ord.No. 07-2009,§2,8-4-09;
Ord. No. 02-2012, § 2, 3-20-12) Sec. 110-191. Intent;rules of interpretation;
building and fire codes;defini-
Sec. 110-172. Temporary alcoholic beverage tions.
permits.
(a) Intent. This article is intended to permit
(a) Upon approval of the city manager or the the continuation of those lots, structures, uses,
city manager's designee, and receipt of appropri- characteristics of use, or combinations thereof,
ate city permits, the division of alcoholic bever- which were lawful before the passage of the City
ages and tobacco may issue temporary permits Code or which at one time had been lawfully
without a special exception for the on-premises permitted under the City Code, but which would
consumption of alcoholic beverages for the follow- be prohibited, regulated or restricted under the
ing: terms of the current City Code or future amend-
ments thereto. This article is designed to provide
(1) Conventions. In convention halls, colise- standards and guidelines for the control and
ums, and similar type buildings where management of nonconforming uses and noncom-
there is an existing beverage license, the plying buildings and structures,especially in reg-
director of the division of alcoholic bever-
ages and tobacco may,in his or her discre- *Editor's note-Ord. No. 17-2006, § 2, adopted Oct. 17,
2006, amended art. V in its entirety and enacted similar
tion, issue a permit for not more than five
provisions as set out herein. The former art. V derived from
calendar days for the display by manufac Code 1981, §§ 643.01, 643.03, 643.05, 643.07(A), 643.07(B),
Lao? turers or distributors of products licensed 643.09,and 643.15;Ord.No. 19-96,§1,adopted Sept.3,1996;
under the provisions of F.S. chapters 561 and Ord. No. 41-2003, § 2,adopted Dec. 16,2003.
Supp. No.21 CD110:31
§ 110-191 CAPE CANAVERAL CODE
ulating changes in the use of land or in the land, the provision which requires the nonconfor-
buildings or structures,including quality,volume mity to come into compliance with the current
or intensity,location,ownership or tenancy,acces- City Code the earliest shall apply.
sory and incidental uses, extension, enlargement, (c) Building and fire codes. No provision con
replacement, or any other change in characteris- tamed in this article or elsewhere in the City
tic. Code shall nullify, void, abrogate or supersede
any requirement contained in a building or fire
It is the intent of this article to permit these code that is duly enacted by law.
nonconformities and noncompliances to continue
until they are removed through discontinuance, (d) Definitions. As used in this article, the
abandonment or amortization, but not to encour-
age
following words shall have the meaning ascribed
age their continuation unless otherwise autho-
rized
the context clearly indicates otherwise:
under this article either expressly or by (1) Destroyed or destruction shall mean dam-
special permit. Such nonconforming uses and age by any means,except by vandalism or
structures are declared by this article to be incom- other criminal or tortious act by someone
patible with permitted uses in the zoning districts other than the property owner, such that
involved unless the city council issues a special the cost to repair or reconstruct the struc-
permit based upon evidence that special circum- ture exceeds 50 percent of the fair market
stances exist in accordance with the standards set value of the structure at the time of de-
forth in this article. It is further the intent of this struction, as established by the Brevard
article that nonconforming uses and structures County Property Appraiser or by a li-
shall not be enlarged upon, expanded, increased tensed appraiser whichever is greater.
or extended, nor be used as grounds for adding (2) Dwelling unit shall mean a residential
other structures or uses prohibited elsewhere in living unit which serves as a person's
the same zoning district. domicile and said person has registered
the unit with the Brevard County Tax
(b) Rules for interpretation. Nothing in this Collector as homestead property.
article shall be interpreted as authorization for,or (3) Lot of record shall mean a lot which is
approval of, the continuation of any illegal use of part of a subdivision recorded in the offi-
a building,structure or land or illegal structure or
cial record books of Brevard County, Flor-
building that was in violation of any ordinance in ida, or a parcel of land described by metes
effect at the time of the passage of this article or and bounds legal description, the descrip-
any amendments thereto. The casual, intermit- tion of which has been recorded in the
tent, temporary or illegal use of land, building or official record books of Brevard County,
structure or construction of an unlawful structure Florida, and complies with the subdivi-
shall not be a basis to establish the existence of a sion of land regulations of the city.
nonconforming use or structure.A lawful building
permit issued for any building or structure prior (4) Nonconforming or nonconformity shall
to the enactment of this article, the construction mean any lot, structure, use of land or
of which is in conformity with approved site structure, or characteristic of any use or
plans, if applicable, and building plans shall be structure which was lawful at the time of
deemed nonconforming under this article if the subdivision, construction, or commence
building or structure is built in full compliance ment,as the case may be,which over time
with the City Code as it existed at the time of the no longer complies with the City Code or
issuance of the building permit.In the event there other applicable law due to a subsequent
is a conflict with the provisions of this article and change of the City Code or other law.
a specific amortization provision requiring the (5) Structural materials shall mean any part,
removal or modification of a nonconforming strut- material or assembly of a building or
ture or discontinuance of a nonconforming use of structure which affects the safety of such
Supp.No. 21 CD 110:32
ZONING § 110-195
Lise'
building or structure and/or which sup- Sec. 110-194. Continuance of nonconform-
ports any dead or designed live load and ing uses of land.
the removal of which part, material or A nonconforming use lawfully existing at the
assembly could cause, or be expected to time of the enactment of the City Code or any
cause,all or any portion to collapse or fail. subsequent amendment thereto may be continued
(Ord. No. 17 2006, § 2, 10-17-06) subject to the following provisions:
(a) No such nonconforming use shall be en-
Sec. 110-192. Mobile home parks and single-
larged or increased, nor extended to oc-
family mobile home districts. cupy a greater area of land than was
occupied at the adoption or subsequent
(a) Mobile home parks and single-family mo-
amendment of the City Code; unless such
bile home districts in existence on October 28, use is changed to a use permitted in the
1975, shall be permitted, provided the number of district in which such use is located;
spaces shall not exceed those licensed or previ-
ously platted to such mobile home parks or dis- (b) No such nonconforming use shall be moved
tricts on that date and provided further that such in whole or in part to any other portion of
mobile home parks shall not exceed the limits of the lot or parcel occupied by such use at
property also on that date under unity of title and the adoption or subsequent amendment of
shall be in accordance with state law. the City Code;
(c) No additional structures which do not
(b) Removal and installation of a mobile home conform to the requirements of the City
unit shall be done only after a permit is issued for Code shall be erected in connection with
this purpose by the building official. such nonconforming use of land.
L000" (Ord. No. 17 2006, § 2, 10-17-06) (Ord. No. 17-2006, § 2, 10-17-06)
Sec. 110-193. Continuance of nonconform- Sec. 110-195. Nonconforming uses of struc-
ing structures. tures or of structures and
premises in combination;
The lawful use of a nonconforming structure change of use.
may be continued subject to the following provi- If a lawful use involving individual structures,
sions: or of structures and premises in combination,
(a) No such structure may be enlarged or exists at the adoption or subsequent amendment
altered in a way which increases its non- of the City Code, that would not be allowed in the
conformity; zoning district under the terms of the City Code,
the lawful use may be continued so long as it
(b) Any structure or portion thereof may be remains otherwise lawful,subject to the following
altered to decrease its nonconformity; provisions:
(c) Should such structure be destroyed, it (a) No existing structure devoted to a use not
permitted by the City Code in the district
shall not be repaired or reconstructed in which it is located shall be enlarged,
except in conformity with the provisions extended, constructed, reconstructed,
of the City Code; and moved or structurally altered, except in
(d) Should such structure be moved for any changing the use of the structure to a use
reason for any distance whatsoever, it permitted in the district in which it is
shall thereafter conform to the regula- located;
tions of the zoning district in which it is (b) Any nonconforming use may be extended
Limise" located after it is moved. throughout any parts of a building which
(Ord. No. 17 2006, § 2, 10-17-06) were manifestly arranged or designed for
Supp. No. 21 CD110:33
§ 110-195 CAPE CANAVERAL CODE
such use at the time of adoption or amend- d. An application fee as estab-
ment of this article but no such use shall lished by the city council to be
be extended to occupy any land outside set forth in appendix B to the
such building; zoning code.
(c) Any structure, or structure and land in e. Clear and convincing evidence
combination,in or on which a nonconform- that demonstrates that the pro-
ing use is superseded by a permitted use, posed nonconforming use(used
shall thereafter conform to the regula- in conjunction with a noncon-
tions for the district in which such strut- forming structure and prem-
ture is located, and the nonconforming ises) is as equally or more re-
use may not thereafter be resumed; and strictive, equally or less
(d) Where nonconforming use status applies intensive, and equally or more
compatible with the surround-
to a structure and premises in combing ing area than the present non
tion, removal or destruction of the strut conforming use.
ture shall eliminate the nonconforming
status of the land. (2) The due process and notice provi-
sions set forth in section 110-28 shall
(e) Notwithstanding subsections (a) through apply to all applications for change
(d), the board of adjustment may grant a of use.
change of use (used in conjunction with a
nonconforming structure and premises) (3) All proposed applications for change
from one nonconforming use to another of use shall be submitted to the plan-
nonconforming use which is equally or ping and zoning board for its study
more restrictive,equally or less intensive, and written recommendation to the
and equally or more compatible with the board of adjustment. Such proposal .0)
surrounding area. shall be submitted at least 14 days
(1) An application for a change of use prior to the planning and zoning
shall be submitted to the building board meeting at which it is to be
official and shall include the follow considered.
ing: (4) Upon receipt of the planning and
a. The property owner's name and zoning board's recommendation, the
address, a recorded deed indi- board of adjustment shall issue a
cating ownership and the legal written order certifying whether or
description of the property. not the proposed nonconforming use
is equally or more restrictive,equally
b. An affidavit executed before a or less intensive,and equally or more
notary public under penalty of compatible than the present noncon-
perjury attesting to the exist forming use. The board of adjust-
ing use and the date the use ment shall consider the written rec-
was established. ommendation of the planning and
c. A sealed, as-built survey or a zoning board as part of the official
scaled drawing of the site along record when hearing an application
with a notarized affidavit that for change of use.
the drawing is true and correct.
Such survey shall show the di- (5) All change of use recommendations
mensions, height, number of and final orders shall be based on
units and square footage of all the following relevant factors,includ-
structures, setback of all strut ing, but not limited to, whether the
tures, and distances between requested use:
structures. a. Uses less space;
Supp.No. 21 CD110:34
ZONING § 110-198
Lee
b. Has fewer employees; ment within 180 days, unless other facts
c. Requires less parking; show intention to resume the nonconform-
ing use; or
d. Creates less traffic;
e. Has fewer deliveries; (3) When it has been replaced by a conform-
ing use; or
f. Creates less noise;
g. Creates a better benefit to the (4) Where the use is discontinued or aban-
surrounding area than the pre- doned for a period of more than 180 con-
secutive days or for 18 months (545 days)
vious use;
during any three-year period,except where
h. Is more acceptable with the ex- the use constitutes a dwelling unit. In the
isting and future use or make case of dwelling units,the discontinuance
up of the area; or abandonment period shall be 730 con-
i. Is more normally found in a secutive days (two years).
similar neighborhood; or
(b) The city council may grant extensions of
j. Creates less of an impact than time for a nonconforming use of a building or
the present nonconforming use. premises, which would otherwise be considered
(Ord. No. 17-2006, § 2, 10-17-06) abandoned pursuant to subsection(a),to continue
if the abandonment was directly caused by an act
Sec. 110-196. Nonconforming lots of record. of God or other emergency situation outside of the
control of the property owner.
In any zoning district in which single-family
dwellings or duplexes are permitted, a single (c) In the event a more specific abandonment,
family dwelling or duplex, and customary acces- discontinuance,or amortization provision is stated
sory buildings may be erected, expanded, or al- elsewhere in this City Code for a specific noncon-
tered on any single lot of record, notwithstanding forming structure, land use, or land area, the
that such lot fails to meet the requirements for more specific provision shall apply.
area, width, and/or depth for the applicable zon-
ing district.This provision shall only apply where (d) No provision contained in this article, or
yard dimensions and requirements other than elsewhere in the City Code regarding the aban-
area, width, and/or depth conform in all other donment, discontinuance, or amortization of non-
respects with the land development regulations conforming structures or land uses shall nullify,
for the applicable zoning district. void, or abrogate any similar provision contained
(Ord. No. 17-2006, § 2, 10-17-06) in a duly executed binding development agree-
ment approved by the city council prior to October
Sec. 110-197. Abandonment. 17, 2006.
(Ord. No. 17-2006, § 2, 10-17-06)
(a) A nonconforming use of a building or prem-
ises which has been abandoned shall not thereaf-
Sec. 110-198. Repairs and maintenance.
ter be returned to such nonconforming use. A
nonconforming use shall be considered aban- (a) Reasonable routine repair and mainte-
doned: nance of nonconforming structures is permitted
(1) When the intent of the owner to discon-
tinue the use is apparent; or nonconforming status, provided the work is nec-
essary to keep the structure in a state of good
(2) When the characteristic equipment and repair. The work may include the replacement of
the furnishings of the nonconforming use existing materials with like materials. However,
have been removed from the premises and repairs and maintenance may only be authorized
Lioe have not been replaced by similar equip- by the city council pursuant to section 110-200 or
Supp.No.21 CD110:35
§ 110-198 CAPE CANAVERAL CODE
by the building official provided that the building (d) This section does not apply to structures
official determines compliance with the following: used for single-family dwelling or two-family dwell-
ing purposes which structures may be renovated,
(1) The repairs and maintenance comply with repaired, or replaced in accordance with a law-
applicable building and fire codes. fully issued building permit.
(Ord. No. 17-2006, § 2, 10-17-06)
(2) No violation of sections 110-193, 110-194,
110-195, 110-197 exists. Sec. 110-199. Temporary uses.
(3) The permittee shall be in compliance with The casual, intermittent, temporary or illegal
all other applicable provisions of this ar- use of land or structures, or construction of an
tide. unlawful structure, shall not be sufficient to es-
tablish the existence of a nonconforming use or
(4) There are no pending code enforcement structure. Such use or structure shall not be
actions or liens existing on the subject validated by the adoption of this article or amend-
property. ments hereto,unless it complies with the terms of
the City Code.
(5) If replacement materials are involved, (Ord. No. 17-2006, § 2, 10-17-06)
such replacement may not exceed 50 per-
cent of the fair market value of the struc-
ture,as established by the Brevard County Sec. 110-200. Special permit.
Property Appraiser or by a licensed ap-
praiser, whichever is greater. (a) The intent and purpose of this section is to
recognize that there are limited and special cir-
cumstances where overall community and public
(b) Nothing in this article shall be deemed to policy objectives of the city encourage, and shall
prevent the strengthening or restoring to a safe be served by, the continuation of some noncon-
condition of any building or part thereof declared forming uses of residential buildings for human
to be unsafe by any official charged with protect occupancy provided said uses are not detrimental
ing the public safety, upon order of such official. to the surrounding neighborhood and to the com-
However, this subsection shall not be construed munity values established in the city's compre-
as a means of circumventing the intent of this hensive plan and city codes. The city council
article calling for the elimination of nonconform desires to establish specific standards for this
ing structures by allowing a nonconforming struc-
ture to be substantially rebuilt so as to extend the category of special permit in order to allow the
ordinary and natural life of a nonconforming continuation of some nonconforming uses of resi-
structure. dential buildings for human occupancy notwith-
standing any contrary provisions of this article or
City Code.
(c) The building official is authorized to permit
structural alterations to nonconforming strut- (b) The city council, at a duly held public
tures in instances where the Occupational Safety hearing, may grant a special permit to allow the
and Health Administration ("OSHA") require- continuation of a nonconforming use of a residen-
ments necessitate alterations, provided the alter- tial building for human occupancy provided the
ations shall not be authorized primarily to replace following terms and conditions are strictly satis-
deteriorated materials. Permittees shall be re- fled:
quired to produce verification that said altera-
tions are required by OSHA including, but not (1) The owner of the property on which said
limited to, a citation to all applicable OSHA nonconforming use exists files a special
regulations and any OSHA notifications requiring permit application provided by the city;
the alterations. and
Supp. No. 21 CD110:36
ZONING § 110-222
(2) The applicant demonstrates that the con- (2) New residential structures with four or
tinuation of said nonconforming use: more dwelling units.
a. Is capable of contributing in a posi (Code 1981, § 645.05(A); Ord. No. 13-2011, § 6,
tive way to the character and serves 12-20-11)
the needs of the community includ-
ing reoccupancy for the accommoda- Sec. 110-222. Criteria required.
tion of neighborhood walk-to-service
uses,walk-to-work opportunities,and Site plan criteria required under this chapter
live-work spaces; reuse of buildings shall be as follows:
with architectural or historic value; (1) Plan drawn to scale by an appropriately
and reuse of buildings that generate licensed design professional, no greater
a significant economic benefit to the than one inch to 50 feet,on sheets two feet
community; and by three feet, showing the following site
b. Is compatible with,and not detrimen- data:
tal to,the surrounding neighborhood a. Size, height, number of units and
in terms of traffic, noise, parking, location of proposed and existing
odor, light, intensity and land uses, structures and their relationship to
hours of operation,landscaping,aes- property lines, setbacks, easements,
thetics, structural design, density, streets, etc.
public safety and fire hazard; and
b. Dimensions and total gross acreage
c. Is consistent with the community of the site and percentage devoted to
Loot values,objectives,and policies estab structures and percentage of park-
lished in the city's comprehensive ing area devoted to landscaping with
plan and City Code. curbs and water provisions.
(c) The city council may impose conditions and c. Total number of units proposed; to-
safeguards as a condition of approval of any tal number and size of on-site park-
special permit granted under this section. ing spaces and loading zones.
(Ord. No. 17-2006, § 2, 10-17-06) d. Traffic flow diagram to ensure that
an orderly and safe traffic flow is
Secs. 110-201-110-220. Reserved. permitted within the site and that
no traffic problems are created by
the proposed ingress and egress
ARTICLE VI. SITE PLANS* routes.
e. Calculation of density(dwelling units
Sec. 110-221. Submittal and review required. per acre).
Under this chapter, site plan submittal and f. Location and dimension of areas for
staff review shall be required for all development parks,canals,waterways,boat slips,
and redevelopment projects, except single-family, parking areas,swimming pools,drive-
two-family or three-family dwelling units, or al- ways, recreation, trash and garbage
terations thereto,and minor commercial improve- pickup, sidewalks, dune crossovers,
ments. Further, site plan submittal and planning etc.
and zoning board review is required for the fol- g. In those site plans which require a
lowing: subdivision of land,no site plan shall
(1) New commercial buildings or structures. be approved until the city council
LI1101
has given approval to the prelimi-
*Cross reference—Planning,ch. 58. nary plat.
Supp.No. 21 CD110:37
§ 110-222 CAPE CANAVERAL CODE
h. The type of enclosure for and loca- d. Engineering storm drainage design
tion of communal-type trash contain- calculation and drainage maps.
ers (dumpsters). Type of enclosure
shall be subject to approval and ac- (4) Square footage of building for the follow-
ceptance of the planning and zoning ing:
board. a. Living.
i. Fire alarm and standpipe data,when b. Parking.
required.
c. Other.
j. Site vicinity map.
d. Total under roof.
k. Location of planned landscaping in
compliance with sections 110-566 and (5) Drawing notes required as follows:
110-567. a. Sidewalk and sanitary sewers to be
(2) Topographic survey, including the follow- constructed to city standards.
ing: b. Water lines to conform to City of
a. USC and G.S. datum plane. Cocoa standards.
b. Existing and proposed streetlights, c. Where applicable, fire alarm system
water, sewer, paving, storm drains, to be installed and connected to city
fire hydrants, sidewalks, etc. fire department standards.
c. Lot lines and dimensions of all set (6) For mean high water, survey shall be
backs, structures and easements. done by procedures established by F.S.
d. Location of established seawall line § 177.25 et seq.
and information for construction, if (Code 1981, § 645.05(C); Ord. No. 07-2006, § 3,
required. 6-20-06; Ord. No. 13-2011, § 6, 12-20-11)
e. Surveyor's certification.
Sec. 110-223. Review procedures.
f. Elevations to be given on one-foot
intervals. (a) The required number of copies of the site
g. Range markers and coastal construc- plan,prepared, signed and sealed by an appropri-
tion setback line, where required. ately licensed design professional shall be filed
with the planning and development department
h. Location and type of existing trees no later than 30 days prior to the meeting date at
four inches in diameter or larger. which the applicant is seeking planning and zon-
(3) Engineering data, including the follow- ing board review. Filing fees as set forth in
ing: appendix B to this Code shall be paid at this time.
a. Finished grades for entire parcel, (b) The site plan shall be submitted by the
finished elevations for floors,streets, planning and development department to the
parking lots,sidewalks,ten inches of following department directors for their review
adjoining property, etc. and comments:
b. Details, sections and specifications
required of all improvements, such (1) City engineer or registered engineers ap-
as streetlights, water and sewer proved by the city.
(structures, pipes, appurtenances), (2) Building and code enforcement depart-
paving and drainage, curbs, storm ment.
drainage and sidewalks.
c. Engineer's seal required in draw (3) Fire marshal.
ings. (4) Public works services department.
Supp.No. 21 CD110:38
ZONING § 110-223
Lsor,
(c) Within 14 days of the time the plans are (i) If the city manager or designee elects to
received by the various department directors, grant conditional approval of a site plan subject to
they shall submit,in writing,to the planning and any conditions or contingencies, the applicant
development department, a written report com- shall have 90 days from the date of conditional
menting on factors relating to the site plan. site plan approval to satisfy any such conditions
and/or contingencies. If all conditions and/or con-
(d) The planning and development depart- tingencies are satisfied, the final site plan ap-
ment shall give a copy of the written comments to proval date shall be either the expiration of the
the applicant or his representative to review, 90-day period; or the date the city manager or
respond to and make any changes deemed appro- designee certifies by notation on all city site plan
priate to conform to the comments and recommen- copies, that all conditions and/or contingencies
dations from the department directors. are satisfied, whichever first occurs. If the condi-
tions and/or contingencies are not satisfied before
(e) The applicant shall submit the required the expiration of the 90-day period the conditional
number of copies of the revised site plan, along approval shall be automatically withdrawn and
with the architect's and engineer's comments in the application shall stand as denied. The 90-day
response to the department reviews, to the plan- compliance period may be extended at the discre-
ning and development department. tion of the city manager or designee,upon written
request of the applicant prior to the expiration of
(f) All plans shall be made available to the the 90-day compliance period, and where the
planning and zoning board for its review and applicant demonstrates unusual circumstances or
recommendation to the city manager or the city undue hardship.
manager's designee. The planning and develop-
ment director shall prepare a site plan checklist (j) Any party adversely affected by a final site
to be submitted to the planning and zoning board plan determination of the city manager or desig-
when a site plan is reviewed. nee may appeal such determination to the city
council. Parties seeking appellate review shall
(g) The planning and zoning board,following a submit a request for appeal in writing to the city
duly noticed public hearing and review of any clerk within 30 days of the city manager's or
submitted site plan, shall make a written recom- designee's determination. The city clerk shall
mendation to the city manager or designee rec- schedule the city council's consideration of the
ommending approval, approval with conditions, appeal for the next available regular city council
or denial of the application based upon the site meeting and shall provide the party seeking ap-
plan's compliance with the city's Code and com- pellate review with written notice of the date,
prehensive plan. Such recommendation shall in- time and location of said meeting. The city coun-
dude the reasons for the board's recommendation cil's consideration of the site plan determination
and show the board has considered the applicable being appealed shall be de novo. The city council
site plan criteria set forth in this article. shall hear and consider the evidence and testi-
mony of any interested party and shall either
(h) Upon receipt of the planning and zoning affirm or reverse, wholly or in part, the determi-
board's recommendation, the city manager or nation of the city manager or designee. Failure of
designee shall make a final decision on the appli- any adversely affected party to appeal to the city
cation approving, approving with conditions, or council pursuant to this section shall be deemed a
denying the application.Following the decision by waiver of that party's right to judicial review.
the city manager or designee on each site plan
application, the city shall send to the applicant (k) A proposed site plan shall not be consid
written notice of the action taken and the right to ered by the city unless:
appellate review. The city shall additionally pro- (1) The applicant has adequately and corn-
vide notice on the city's website of the decision on pletely addressed all items on the site
(IIIkkire" each site plan reviewed pursuant to this article plan checklist prepared by the planning
and the right of interested parties to appeal same. and development department; and
Supp.No.21 CD110:39
§ 110-223 CAPE CANAVERAL CODE
(2) The applicant has otherwise complied with section 110-246 of the Code of Ordinances of the
all matters contemplated under this sec- City of Cape Canaveral, Florida," together with
tion. the date of the adoption of the ordinance from
(Code 1981,§645.05(B);Ord.No. 37-93, 10-19-93; which this chapter is derived.
Ord. No. 2-94, 2-1-94; Ord. No. 35-2003, § 2,
10-21-03; Ord. No. 03-2005, § 2, 4-5-05; Ord. No. (b) The official zoning map in effect at the time
13 2011, § 6, 12-20-11) of passage of the ordinance from which this chap-
ter is derived shall remain in effect and shall be
Sec. 110-233.5. Reserved. reidentified as provided in subsection (a) of this
section. If, in accordance with this chapter and
Editor's note—Ord. No. 03-2005, § 2, adopted April 5, state law,changes are made in district boundaries
2005, deleted § 110-233.5, which pertained to appeal and or other matter portrayed on the official zoning
derived from Ord. No.35-2003,§2, adopted Oct. 21,2003. map, such changes shall be made on the official
zoning map promptly after the amendment has
Sec. 110-224. Expiration. been approved by the city council, together with
All site plans approved under this article shall an entry on the official zoning map as follows: "On
expire 12 months after the date of final approval (date), by official action of the city council, the
unless the building permit for construction of the following change(s)were made in the official zon-
principal structure is issued or the applicant files ing map: (brief description of nature of change),"
with the city in writing a request for time exten- which entry shall be signed by the mayor and
sion for such site plan. The city manager or attested by the city clerk. The amending ordi-
designee may, at his or her sole discretion, grant nance shall provide that such changes or amend-
the request for extension only if justifiable cause ments shall not become effective until they have
is demonstrated and there have been no changes been duly entered upon the official zoning map or
in any regulations in the interim. If granted, matter shown thereon except in conformity with
there shall be a one-time extension for no longer the procedures set forth in this chapter.
than six months. (c) Any unauthorized change in the official
(Code 1981, § 645.05; Ord. No. 10-91, §§ 1, 2, zoning map of whatever kind by any person shall
11-7-91; Ord. No. 13-2011, § 6, 12-20-111) be considered a violation of this chapter and
punishable as provided in section 1-15.
Secs. 110-225-110-245. Reserved.
(d) Regardless of the existence of purported
copies of the official zoning map which may from
ARTICLE VII. DISTRICTS* time to time be made or published, the official
zoning map which shall be stored in city hall
DIVISION 1. GENERALLY 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
Sec. 110-246. Official zoning map—Adopted. other structures in the city.
(a) The city is divided into zones or districts,as (Code 1981, § 633.01)
shown on the official zoning map which, together
with all explanatory matter thereon, is adopted Sec. 110-247. Same—Replacement.
[by] reference and declared to be part of this If the official zoning map becomes damaged,
chapter. The official zoning map shall be identi destroyed, lost or difficult to interpret because of
fled by the signature of the mayor, attested to by the nature or number of changes and additions,
the city clerk and bearing the seal of the city the city council may by resolution adopt a new
under the following words: "This is to certify that official zoning map which shall supersede the
this is the official zoning map referred to in prior official zoning map. The new official zoning
*Cross reference Sign regulations for shopping centers, map may correct drafting or other errors or omis-
§94-100. sions in the prior official zoning map,but no such
Supp.No. 21 CD110:40
ZONING § 110-251
correction shall have the effect of amending the be so construed. Distances not specifically
original zoning ordinance or any subsequent indicated on the official zoning map shall
amendment thereof as published in this chapter. be determined by the scale of the map.
The new official zoning map shall be identified by
the signature of the mayor, attested by the city (6) If the actual location of physical features
clerk,and shall bear the seal of the city under the varies from those shown on the official
following words: "This is to certify that this offi- zoning map or in other circumstances not
cial zoning map supersedes and replaces the covered by subsections (1) through (4) of
official zoning map adopted (date of adoption of this section,the board of adjustment shall
map being replaced)as part of Ordinance No.2-83 interpret the district boundaries.
of the City of Cape Canaveral, Florida." Unless (Code 1981, § 633.05)
the prior official zoning map has been lost or has
been totally destroyed, the prior map or any Sec. 110-249. Application of district require-
significant parts thereof remaining shall be pre- ments.
served,together with all available records pertain-
ing to its adoption or amendment. The requirements set by this chapter within
(Code 1981, § 633.03) each zoning district shall be minimum require-
ments and shall apply uniformly to each class or
Sec. 110-248. Rules for interpretation of dis- kind of structure or land, and particularly as
trict boundaries. provided in sections 110-250 through 110-257.
(Code 1981, § 635.00)
Where uncertainty exists as to the boundaries
of zoning districts as shown on the official zoning Sec. 110-250. Conformity.
clisso" map, the following rules shall apply:
(1) Boundaries indicated as approximately No building, structure or land shall be used or
occupied and no building or structure or part
following the centerlines of streets, high
thereof shall be erected, constructed, recon
ways or alleys shall be construed to follow
such centerlines. structed, moved or structurally altered unless in
conformity with all of the sections specified for the
(2) Boundaries indicated as approximately district in which it is located.
following platted lot lines shall be con- (Code 1981, § 635.01)
strued as following such lot lines.
(3) Boundaries indicated as approximately Sec. 110-251. Structure height, maximum
following the city limits shall be con- units, lot area, setbacks.
strued as following the city limits.
No building or other structure shall be erected
(4) Boundaries indicated as following a shore- or altered to:
line or bulkhead line shall be construed to
follow such shoreline or bulkhead line (1) Exceed the height;
and, if change in the shoreline or bulk (2) Accommodate or house a greater number
head line occurs, shall be construed as of families;
following the original shoreline or bulk-
head line;boundaries indicated as approx- (3) Occupy a greater percentage of lot area;
imately following the centerlines of
streams, rivers, canals, lakes or other (4) Have narrower or smaller rear setback,
bodies of water shall be construed to fol- front setback, side setback or other open
low such centerlines. spaces than required; or
(5) Boundaries indicated as parallel to or (5) In any other manner be contrary to this
extensions of features indicated in subsec-
tions (1) through (4) of this section shall (Code 1981, § 635.03)
Supp. No. 21 CD110:41
§ 110-252 CAPE CANAVERAL CODE
Sec. 110-252. Duplicate use of setbacks,open street, the front of such parcel shall be that
space, parking space. boundary or side which is adjacent to the legal
access.
No part of a setback or open space or offstreet (Code 1981, § 635.11)
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 Sec. 110-256. Zoning classification of annex-
setback,open space or offstreet parking or loading ations.
space similarly required for any other building.
(Code 1981, § 635.05) The zoning classification of all property which
may be annexed to the city shall be determined by
Sec. 110-253. Reuse of area used for density the city council upon recommendation of the plan-
calculations. ning and zoning board at the time of annexation.
(Code 1981, § 635.13)
(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 Sec. 110-257. Unusual uses or uses not spe-
computing the number of living units for that cifically permitted.
area or for any subsequent area used with that
area. Any zoning use which, in the opinion of the
building official, is similar to a permitted use
(b) The building department shall maintain a shall be treated in the same manner as the use to
file of site plans or plot plans and a map which which it is similar. Any application to permit a
shall evidence which areas have been used in use which,in the opinion of the building official,is
computing numbers of living units. Upon applica- not similar to a listed permitted use or due to its
tion to the planning and zoning board, the plan- nature is an unusual use shall be referred to the
ning and zoning board shall have the discretion to board of adjustment which will, according to the
accept a revised site plan, provided the revised procedures set forth for a special exception in
site plan shall not exceed the maximum number article II of this chapter, determine the proper
of living units for any or all of the site. zone for such use. The board of adjustment may
(Code 1981, § 635.07) prescribe appropriate additional conditions and
safeguards in the public interest.
Sec. 110-254. Dimension or area reduction (Code 1981, § 635.15)
below minimum.
No setback or lot existing at the time of pas- Secs. 110-258-110-270. Reserved.
sage of the ordinance from which this section is
derived shall be reduced in dimension or area
below the minimum requirements set forth in this DIVISION 2. R-1 LOW DENSITY
chapter. Setbacks or lots created after the effec- RESIDENTIAL DISTRICT*
tive date of the ordinance from which this section
is derived shall meet the minimum requirements Sec. 110-271. Intent.
established by this chapter.
(Code 1981, § 635.09) The requirements for the R-1 low density res-
idential district are intended to apply to an area
Sec. 110-255. Lot and street requirements of single-family unattached residential develop-
for structures. ment. Lot sizes and other restrictions are in-
Every building or structure erected shall be tended to promote and protect a high quality of
located on a lot and shall be on a lot adjacent to a residential development free from congestion and
public street or with access to a public street. For *Cross reference Sign restrictions in R-1 low density
a parcel of land which is not adjacent to a public residential district, §94-96.
Supp. No. 21 CD110:42
ZONING § 110-276
‘1111110e
overpopulation,to promote the residency of single (4) Home occupations subject to section 110-
families and to enhance and maintain the resi- 521 et seq.
dential character and integrity of the area. (Code 1981, § 637.05)
(Code 1981, § 637.01; Ord. No. 04-2007, § 2,
6-19-07; Ord. No. 06 2012, § 2, 4-17-12)
Sec. 110-274. Special exceptions permissi-
ble by board of adjustment.
Sec. 110-272. Principal uses and structures.
In the R-1 low density residential district, the
The principal uses and structures in the R-1 following special exceptions shall be permitted by
low density residential district are as follows: the board of adjustment:
Single-family dwellings. In no case shall there (1) Public and semipublic parks,playgrounds,
be more than one principal structure per playfields, and recreation facilities.
lot or parcel.
(Code 1981, § 637.03; Ord. No. 04-2007, § 2, (2) Public utility equipment;uses and rights-
6-19-07) of-way essential to serve the neighbor-
hood in which it is located.
Sec. 110-273. Accessory uses and structures. (Code 1981, § 637.07; Ord. No. 17-2010, § 2,
11-16-10)
In the R-1 low density residential district,
accessory uses and structures shall be permitted Sec. 110-275. Prohibited uses and structures.
as follows:
(1) Noncommercial piers,boathouses and load In the R-1 low density residential district, all
ing places intended solely for the use of uses not specifically or provisionally permitted in
the adjoining residences, providing that this division and any use not in keeping with the
the following conditions are met: single-family residential character of the district,
including two-family and multiple-family dwell-
a. No dock or pier shall extend over five ings, townhouses and mobile home parks, are
feet beyond the property line, unless prohibited.
the abutting waterway is over 100 (Code 1981, § 637.09)
feet in width at such point where the
pier or dock is constructed.
Sec. 110-276. Area and dimensions.
b. No watercraft moored to such use
shall be used as living quarters, ex- In the R-1 low density residential district, the
cept as provided by section 110-552. following area and dimensions shall be required:
c. All applicable regulations and restric- (1) Minimum lot area shall be 7,500 square
tions of the U.S. Army Corps of En- feet.
gineers and other federal, county,
state and local controls shall be ad- (2) Minimum lot width shall be 75 feet.
hered to.
(3) Minimum lot depth shall be 100 feet.
(2) Noncommercial botanical nurseries and
greenhouses. (4) Maximum lot coverage shall be 40 per-
cent.
(3) Customary accessory uses of a residential
nature, clearly incidental and subordi- (5) Minimum living area shall be 1,100 square
nate to the principal use, including ga- feet.
rages, carports and the like, in keeping
Loof with the residential character of the dis (6) Maximum height shall not exceed 25 feet.
trict. (Code 1981, § 637.11)
Supp.No. 21 CD110:43
§ 110-277 CAPE CANAVERAL CODE
Sec. 110-277. Minimum setbacks. Sec. 110-292. Principal uses and structures.
In the R-1 low density residential district, the In the R-2 medium density residential district,
following minimum setbacks shall be required: the principal uses and structures shall be:
(1) Front, 25 feet. (1) Single-family dwellings;
(2) Side (interior lot line), eight feet or ten (2) Two-family dwellings;
percent of lot, whichever is greater, up to (3) Multifamily dwellings; or
20 feet.
(4) Public schools.
(3) Side (corner lot line), 25 feet. Notwithstanding the foregoing, there shall be no
(4) Rear, 25 feet; 20 feet when abutting an more than 15 dwelling units per net residential
alley. acre.
(Code 1981, §637.17; Ord. No. 17-96, § 1, 10-1-96;
(5) Public or private street, 25 feet. Ord. No. 04-2007, § 2, 6-19-07)
(Code 1981, § 637.11)
Sec. 110-293. Accessory uses and structures.
Sec. 110-278. Offstreet parking and access. In the R-2 medium density residential district,
accessory uses and structures shall be permitted
In the R-1 low density residential district,
offstreet parking area and access to a public or as follows:
private street shall be provided in accordance (1) Noncommercial piers,boathouses and load-
with section 110-491 et seq. ing places intended solely for the use of
(Code 1981, § 637.13) the adjoining residences,provided the fol-
lowing conditions are met:
Secs. 110-279-110-290. Reserved. a. No dock or pier shall extend over five
feet beyond the property line, unless
the abutting waterway is over 100
DIVISION 3. R-2 MEDIUM DENSITY feet in width at such point where the
RESIDENTIAL DISTRICT* pier or dock is constructed.
b. No watercraft moored to such use
Sec. 110-291. Intent. shall be used as living quarters, ex-
The requirements for the R-2 medium density cept as provided by section 110-552.
residential district are intended to apply to an c. All applicable regulations and restric-
area of medium density residential development tions of the U.S. Army Corps of En-
with a variety of housing types. Lot sizes and gineers and other federal, county,
other restrictions are intended to promote and state and local controls shall be ad-
protect medium density residential development hered to.
maintaining an adequate amount of open space (2) Noncommercial botanical nurseries and
for such development. Further, the provisions greenhouses.
herein are intended to promote areas free from
congestion and overpopulation, to promote the (3) Customary accessory uses of a residential
residency of families and to enhance and main- nature, clearly incidental and subordi-
tain the residential character and integrity of the nate to the principal use, including ga-
area. rages, carports and the like, in keeping
(Code 1981, § 637.15; Ord. No. 04-2007, § 2, with the residential character of the dis-
6-19-07; Ord. No. 06-2012, § 2, 4-17-12) trict.
*Cross reference—Sign restrictions in the R-2 medium (4) Home occupations, subject to section 110-
density residential district, §94-97. 521.
Supp. No. 21 CD110:44
ZONING § 110-296
LIPle
(5) Parking lots and facilities in conjunction ing, dropoff and pickup area, park-
with one or more principal uses. ing, play area and adjacent build-
(Code 1981, § 637.19) ings.
f. Adequate lighting in the pickup and
Sec. 110-294. Special exceptions permissi- dropoff area shall be provided.
ble by board of adjustment. For purposes of this subsection,the term"child
In the R-2 medium density residential district, care facility" shall not include a "family day
the following special exceptions shall be permis- care home," as defined by Florida law.
sible by the board of adjustment: (Code 1981, § 637.21; Ord. No. 05-2010, § 2,
4-20-10)
(1) Public utility equipment;uses and rights-
of-way essential to serve the neighbor- Sec. 110-295. Prohibited uses and structures.
hood in which it is located.
In the R-2 medium density residential district,
(2) Public and nonprofit private schools with all uses and structures not specifically or provi-
conventional curriculums; public librar- sionally permitted in this division are prohibited.
ies. (Code 1981, § 637.23)
(3) Churches and other places of worship; Sec. 110-296. Area and dimension.
parish houses.
In the R-2 medium density residential district,
(4) Public safety structures and equipment, the following area and dimensions shall be re-
such as fire substations, civil defense fa- quired:
cilities and the like.
(1) Minimum lot area shall be as follows:
Lime (5) Public and semipublic parks,playgrounds, a. One- and two-family, 7,500 square
playfields and recreation facilities. feet.
(6) Child care facilities licensed and operated b. Multiple-family, 10,000 square feet.
consistent with Florida law, subject to the (2) Minimum lot width shall be 75 feet.
following conditions:
a. The child care facility must be to (3) Minimum lot depth shall be 100 feet.
cated in a multifamily complex and (4) Maximum lot coverage shall be 35 per-
any such complex shall not be an cent.
age-restricted community; (5) Minimum living or floor area shall be as
b. There shall be an adequate dropoff follows:
and pickup area onsite located out- a. One-family, 1,100 square feet per
side of the public right-of-way; dwelling unit.
c. One parking space per employee plus b. Two-family,750 square feet per dwell-
one parking space for every eight ing unit.
children shall be required, with a c. Multiple family, as follows:
minimum of five total spaces; 1. Efficiency, 450 square feet per
d. Adequate visual screening and noise dwelling unit.
buffers from adjacent areas shall be 2. One bedroom, 650 square feet
provided. per dwelling unit.
e. Each application for a special excep- 3. Two bedrooms, additional bed-
tion under this subsection shall be rooms,750 square feet per dwell-
accompanied by a site plan drawn to ing unit (plus 200 square feet
Lise" scale depicting the child care build- for each additional bedroom).
Supp.No. 21 CD110:45
§ 110-296 CAPE CANAVERAL CODE
(6) Maximum height shall not exceed 25 feet. herein are intended to promote areas free from
(7) Maximum length or width of a structure congestion and overpopulation, to promote the
shall not exceed 185 feet. residency of families and to enhance and main-
(Code 1981, § 637.25) taro the residential character and integrity of the
area.
Sec. 110-297. Minimum setbacks. (Code 1981, § 637.29; Ord. No. 04-2007, § 2,
6-19-07; Ord. No. 06-2012, § 2, 4-17-12)
(a) In the R-2 medium density residential dis-
trict, the following minimum setbacks shall be Sec. 110-312. Principal uses and structures.
required.
In the R-3 medium density residential district,
(1) Front, 25 feet. (See subsection (b) of this the principal uses and structures shall be:
section.)
(1) Single-family dwellings;
(2) Side (interior lot line), eight feet or ten
percent of width of lot,whichever is greater, (2) Two-family dwellings;
up to 15 feet. (3) Multifamily dwellings; or
(3) Side (corner lot line), 25 feet; on all non- (4) Public schools.
conforming lots of record, 15 feet.
(4) Rear, 15 feet. Notwithstanding the foregoing, there shall be no
more than 15 dwelling units per net residential
(5) Public or private street, 25 feet. acre.
(Code 1981, §637.31; Ord. No. 17-96, §2, 10-1-96;
(b) See section 110-536 for special setbacks. Ord. No. 04 2007, § 2, 6-19-07)
(Code 1981, § 637.25)
J
Sec. 110-298. Offstreet parking and access. Sec. 110-313. Accessory uses and structures.
In the R-2 medium density residential district, In the R-3 medium density residential district,
offstreet parking and access to a public or private the following accessory uses and structures shall
street shall be provided in accordance with sec be permitted:
tion 110-491 et seq. (1) Noncommercial piers,boathouses and load-
(Code 1981, § 637.27) ing places intended solely for the use of
the adjoining residences,provided the fol-
Secs. 110-299-110-310. Reserved. lowing conditions are met:
a. No dock or pier shall extend over five
DIVISION 4. R-3 MEDIUM DENSITY feet beyond the property line,unless
RESIDENTIAL DISTRICT* the abutting waterway is over 100
feet in width at such point where the
Sec. 110-311. Intent. pier or dock is constructed.
The requirements for the R-3 medium density b. No watercraft moored to such use
residential district are intended to apply to an shall be used as living quarters, ex
area of medium density residential development cept as provided by section 110-552.
with a variety of housing types. Lot sizes and c. All applicable regulations and restric-
other restrictions are intended to promote and tions of the U.S. Army Corps of En-
protect medium density residential development gineers and other federal, county,
maintaining an adequate amount of open space state and local controls shall be ad-
for such development. Further, the provisions hered to.
*Cross reference—Sign restrictions in the R-3 medium (2) Noncommercial botanical nurseries and
density residential district,§94-98. greenhouses.
Supp.No. 21 CD110:46
ZONING § 110-317
(3) Customary accessory uses of a residential Sec. 110-316. Area and dimensions.
nature, clearly incidental and subordi-
nate to the principal use, including ga In the R-3 medium density residential district,
rages, carports and the like, in keeping area and dimensions shall be as follows:
with the residential character of the dis- (1) Minimum lot area shall be as follows:
trict.
a. One- and two-family, 7,500 square
(4) Home occupations subject to section 110- feet.
521. b. Multiple-family, 10,000 square feet.
(5) Parking lots and facilities in conjunction (2) Minimum lot width shall be 75 feet.
with one or more principal uses. (3) Minimum lot depth shall be 100 feet.
(Code 1981, § 637.33)
(4) Maximum lot coverage shall be 35 per-
cent.
Sec. 110-314. Special exceptions permissi-
ble by board of adjustment. (5) Minimum living or floor area shall be as
follows:
In the R-3 medium density residential district, a. One-family, 1,100 square feet per
special exceptions permissible by the board of dwelling unit.
adjustment shall be as follows:
b. Two-family,750 square feet per dwell-
(1) Public utility equipment;uses and rights- ing unit.
of-way essential to serve the neighbor- c. Multiple family, as follows:
Lire hood in which it is located. 1. Efficiency, 450 square feet per
(2) Public and nonprofit private schools with dwelling unit.
conventional curriculums; public librar- 2. One bedroom, 650 square feet
ies. per dwelling unit.
3. Two bedrooms, additional bed-
(3) Churches and other places of worship; rooms,750 square feet per dwell-
parish houses. ing unit plus 200 square feet
for each additional bedroom.
(4) Public safety structures and equipment,
such as fire substations, civil defense fa- (6) Maximum height shall not exceed 45 feet.
cilities and the like. (7) Maximum length or width of a structure
(5) Public and semipublic parks,playgrounds, shall not exceed 185 feet.
playfields and recreation facilities. (Code 1981, § 637.39)
(6) Assisted living facilities, subject to the Sec. 110-317. Minimum setbacks.
requirements of section 110-488. (a) In the R-3 medium density residential dis-
(Code 1981, § 637.35; Ord. No. 17 2010, § 2, trict, the minimum setbacks required shall be as
11-16-10) follows:
Sec. 110-315. Prohibited uses and structures. (1) Front, 25 feet. (See subsection (b) of this
section.)
In the R-3 medium density residential district, (2) Side (interior lot line), eight feet or ten
all uses and structures not specifically or provi- percent of width of lot,whichever is greater,
sionally permitted in this division are prohibited. up to 15 feet. (See subsection (b) of this
Lope, (Code 1981, § 637.37) section.)
Supp.No.21 CD110:46.1
§ 110-317 CAPE CANAVERAL CODE
J
(3) Side (corner lot line), 25 feet; on all non- Sec. 110-319. Minimum breeze requirement.
conforming lots of record, 15 feet. In the R-3 medium density residential district,
(4) Rear, 15 feet. at least 25 percent of the north/south dimension
of the property shall be open to the breeze in an
(5) Public or private street, 25 feet. east/west direction. This shall include required
setbacks.
(b) See section 110-536 for special setbacks. (Code 1981, § 637.43)
Sec. 110-320. Dune crossovers required.
(c) Side setbacks for all lots contiguous with In the R-3 medium density residential district,
the ocean beach shall be ten feet or ten percent of site plans with four or more units on parcels on
the width of the lot,whichever is greater, up to 15 the Atlantic Ocean shall provide dune crossovers
feet. conforming to specifications of the state depart-
(Code 1981, § 637.39)
inent of environmental protection.All such cross-
overs shall be maintained in a safe condition by
Sec. 110-318. Offstreet parking and access. the owners of the property. All crossovers will be
allowed to be built within the setback area, pro-
In the R-3 medium density residential district, vided a state department of environmental pro-
offstreet parking and access to a public or private tection permit is obtained, and there will be no
street shall be provided in accordance with sec- requirement for a variance to allow these struc-
tion 110-491 et seq. tures to be built in the setback area.
(Code 1981, § 637.41) (Code 1981, § 637.44)
3
Sec. 110-321. Protection of public beach-end parking.
In the R-3 (medium-density residential) zoning district there exists beach-end public parking as
described in the following schedule:
Location
Public Beach Access # of Public Spaces (side of street)
1 Harbor Heights 12, plus 1 handicapped East side
2 Canaveral Sands 0 N/A
3 Washington 10 North side
4 Adams 8 North side
5 Jefferson 8 North side
6 Madison 14 North side
7 Monroe 15 North side
8 Jackson 16, plus 1 handicapped North side
9 Harrison 14 North side
10 Tyler 14 North side
11 Polk 7, plus 1 handicapped North side
12 Taylor 14 North side
Supp. No. 21 CD110:46.2
ZONING § 110-332
Likoof
Location
Public Beach Access # of Public Spaces (side of street)
13 Fillmore 13 North side
14 Pierce 14 North side
15 Buchanan 12, plus 1 handicapped North side
16 Lincoln 9 North side
17 Johnson 10 North side
Access to property lying adjacent to these pub- DIVISION 5. C-1 LOW DENSITY
lic parking facilities shall be subject to the follow- COMMERCIAL DISTRICT*
ing:
Sec. 110-331. Intent; applicability.
(1) Ingress and egress to future development
or redevelopment projects shall not cause (a) The requirements for the C-1 low density
the removal or reduction of any existing commercial district are intended to apply to an
beach end public parking spaces, except area adjacent to major arterial streets and conve-
as provided herein. nient to major residential areas.The types of uses
permitted are intended to serve the consumer
(2) If, by operation of this section, ingress needs of nearby residential neighborhoods, as
and egress to the property is denied, the well as the commercial needs of the motorist. Lot
property owner may apply for a variance sizes and other restrictions are intended to reduce
under this chapter. To be entitled to such conflict with adjacent residential uses and to
a variance,the property owner must dem- minimize the interruption of traffic along thor-
onstrate that no reasonable alternative
oughfares.
ingress or egress is available. Reasonable (b) The provisions of this division shall apply
alternatives include, but are not limited to all property designated as C-1 low density
to, existing driveways, alleys, or access commercial on the city's official zoning map. Fur-
easements.This subsection is supplemen- ther, those properties zoned C-1 that are located
tal and in addition to any requirements within the boundaries of the AlA Economic Op-
provided within section 110-62 or any portunity Overlay District, established pursuant
other provisions of the City Code. to article X of this chapter, shall be subject to the
guidelines and standards of that article.
(3) Where a variance is granted, the maxi- (Code 1981, § 637.45; Ord. No. 01-2007, § 3,
mum number of beach-end public parking 2-20-07; Ord. No. 11-2012, § 4, 7-17-12)
spaces to be removed shall be two spaces
or 20 feet. Sec. 110-332. Principal uses and structures.
(4) For any multiple-dwelling-unit develop- In the C-1 low density commercial district, the
ment or redevelopment,ingress and egress following uses and structures are permitted:
access shall only be provided through a (1) Retail stores, sales and display rooms.
single shared driveway to minimize the
elimination of beach-end public parking (2) Personal service establishments, such as
beauty shops and barbershops, laundry
spaces.
(Ord. No. 37 2003, § 2, 10-21-03) and dry cleaning pickup stations, tailor
shops and similar uses.
Lisrf *Cross reference—Sign regulations in the C-1 low den-
Secs. 110-322-110-330. Reserved. sity commercial district, §94-99.
Supp.No. 21 CD110:46.3
§ 110-332 CAPE CANAVERAL CODE
(3) Professional offices, studios, medical or Sec. 110-333. Accessory uses and structures.
dental clinics, laboratories, general of-
fices, business schools and similar uses. In the C-1 low density commercial district,
customary accessory uses of one or more of the
(4) Hotels, motels with a minimum of 150 principal uses clearly incidental and subordinate
rental units. In no case shall there be to the principal use, in keeping with the low
more than 30 rental units per net acre nor density commercial character of the district, are
shall a rental unit have a floor area less permitted.
than 300 square feet. Hotel and motel (Code 1981, § 637.49)
units containing provisions for cooking or
light housekeeping shall have a minimum Sec. 110-334. Special exceptions permissi-
floor area not less than 400 square feet. ble by board of adjustment.
Motels and hotels may not be converted to
other types of dwellings at more than the (a) In the C-i low density commercial district,
density required in this chapter for such after public notice and hearing, the board of
dwellings. adjustment may permit special exceptions which
are compatible to permitted uses and which are
(5) Eating establishments. able to meet the minimum requirements and
performance standards as set forth in this zoning
(6) Public and semipublic parks,playgrounds, district.
clubs and lodges, cultural facilities, hos-
pitals, medical or dental clinics, mortuar- (b) The board of adjustment may adjust set-
ies, funeral homes, government offices, backs and provisions noted in article IX of this
schools, churches and similar uses. chapter as necessary and appropriate in granting
special exceptions.
(7) Banks and financial institutions.
(c) Special exceptions may be permitted for the "%Is)
(8) Commercial recreation, such as driving following:
ranges, bowling alleys and similar uses. (1) Veterinary hospitals and clinics.
(9) Plant nurseries and greenhouses, pro- (2) Radio and television studios, broadcast-
vided that all outside display merchan- ing towers and antennas.
dise shall be contained in the required
setbacks. (3) Automotive service stations, subject to
the following:
(10) Repair service establishments, such as a. All setbacks shall be no less than 25
household appliances, radio and TV and feet from any portion of the building,
similar uses, but not including automo- including pump island.
bile repairs.
b. Underground storage is required for
(11) Kindergartens and child care facilities. all receptacles for combustible mate-
rials in excess of 55 gallons. Such
(12) Shopping centers and malls. storage shall comply with all Envi-
(13) Retail sale of beer and wine for off-
premises
Protection Agency stan
premises consumption. dards.
(14) Public schools. c. The accumulation and storage of
waste petroleum products is forbid-
(15) [Reserved.] den, unless in compliance with En-
(Code 1981, §637.47;Ord.No. 17-96, §3, 10-1-96; vironmental Protection Agency stan-
Ord. No. 04-2006, § 2, 6-20-06; Ord. No. 04-2007, dards.
§ 2, 6-19-07; Ord. No. 06-2011, § 2, 10-18-11; Ord. d. Curb cuts shall be made in accor-
No. 06-2012, § 2, 4-17-12) dance with section 110-493.
Supp. No.21 CD110:46.4
ZONING § 110-334
e. No service stations shall be erected noise, glare, fumes, smoke or other
or located within 150 feet of the characteristics to an extent greater
property line of any church,hospital, than normally found in service sta-
school or park. tions.A service station is not a body
f. A visual screen, meeting the specifi- shop.
cations of section 110-566, shall be j. Automotive parts,new or used,shall
provided along any property line abut- not be stored outside.
ting a residential district or residen- k. Vehicles are not to be dismantled or
tial use. scrapped for parts.
g. Services and sales permissible in- 1. Engine and transmission overhaul
dude only the following: may be performed only inside the
1. Spark plugs, batteries, distrib- service bays.
utor parts,ignition system parts, m. A minimum of two enclosed service
vehicle wiring and the like. bays and a customer waiting area
2. Exhaust system components,en- must be provided if maintenance and
gine cooling components, auto- repairs are a part of the business.
motive air conditioning system
components, braking system n. A minimum building size of 2,000
components,vehicle lighting sys- feet shall be provided.
tem components, radios, steer- o. No plants (grass, weeds, etc.) shall
ing assembly parts,fuel system be allowed to grow through cracks or
components and the like. joints in the pavement.
L 3. Tire servicing and repair, but
not recapping. p. Landscaping shall conform to sec-
tion 110-566.
4. Washing and polishing, includ- q. Service stations shall not be erected
ing the sale of related materi- or located within 2,000 feet of the
als. property line of another service sta-
5. Greasing,oil changes and other tion.
lubrication. (4) Places in which goods are produced and
6. Sale of cold drinks, package sold at retail upon the premises.
foods, tobacco and similar con-
venience goods for service sta (5) Vocational and trade schools not involving
tion customers. operations of an industrial nature.
7. Road maps, informational ma (6) Commercial establishments which sell,
terials, restroom facilities. dispense, serve or store alcoholic bever-
ages8. Truck and trailer rentals. or which permit the consumption of
alcoholic beverages on their premises.Also
h. Vehicles shall not be parked outside see section 110-332.
the building for more than four days,
such four days to be considered as an (7) Dry cleaning establishments using nonin-
accumulated parking time, whether flammable solvents and cleaning fluids,
consecutive or accumulated. as determined by the fire chief.
i. Uses permissible at a service station (8) Retail stores using outside display areas,
do not include body work, straight provided the following are met:
ening of body parts, painting, weld- a. The area of outside display shall not
ing (other than minor repairs), stor- exceed in size one-third of the en-
age of automobiles not in operating closed area of the principal strut
Lmile condition or other work involving ture.
Supp.No. 21 CD110:46.5
§ 110-334 CAPE CANAVERAL CODE
b. The outside display area shall be b. Vehicle storage area must be ob-
considered the same as the floor area scured from view by either walls,
for the purpose of calculating offstreet fences or hedges.
parking, setbacks and lot coverage. c. Walls, fences and hedges must com-
(9) New and used automobiles, major recre-
ational equipment and mobile home sales tions and must be kept in good con
with accessory services, subject to the dition so as to ensure obstruction
following: from view.
a. All outside areas where merchan (12) Public utility equipment;uses and rights-
dise is displayed shall be paved. of-way essential to serve the neighbor-
hood in which it is located.
b. All ingress and egress points to abut- (13) Theatres, drive-in theatres, photographic
ting streets shall be marked clearly studios,bookstores and dance studios,un-
and placed not closer than 150 feet less such uses fall within the scope and
apart on the same street. restrictions of section 10-86 et seq.
c. All servicing and repair activities, (14) Carwashes, including polishing, and sale
except gasoline pumps shall be lo- of related materials.
cated in an enclosed structure.
(15) Vehicle rental facility, as provided in sec-
d. There shall be no storage of junked tion 110-556 of this Code.
or wrecked automobiles, other than (16) Assisted living facilities, subject to the
temporary storage not to exceed 30 requirements of section 110-488.
days, and these vehicles shall be in
an enclosed area and not be visible (17) Pain management clinics, subject to the
from outside the property. requirements of section 110-489 of this
Code.
e. Ingress and egress points shall not (Code 1981, § 637.51; Ord. No. 02-2003, § 2,
be placed so as to endanger pedes- 3-4-03; Ord. No. 11-2006, § 2, 10-3-06; Ord. No.
trian traffic. 17-2010, § 2, 11-16-10; Ord. No. 06-2011, § 2,
(10) Single-family dwellings,two-family dwell-
10-18-11)
ings,townhouses or multiple family dwell Sec. 110-335. Prohibited uses and structures.
ings;provided,however,there shall not be
more than 15 dwelling units per net res- In the C-1 low density commercial district, the
idential acre and such dwellings shall not following uses and structures are prohibited:
be permitted on property along the AlA (1) All uses not specifically or provisionally
Highway Corridor as depicted in exhibit permitted in this division.
"A," attached hereto and fully incorpo-
rated herein by this reference.See require- (2) Any use which fails to meet performance
ments in the R-2 district in division 3 of standards specifications as provided in
this article. These requirements apply to section 110-466.
residential construction in the C-1 dis- (3) Bottle clubs.
trict. (Code 1981, § 637.53)
(11) Commercial establishments for the stor-
Sec. 110-336. Area and dimensions.
age or parking of recreational vehicles,
trailers and trailerable items, provided it In the C-1 low density commercial district, the
meets the following, as a minimum: following areas and dimensions shall be required:
a. Minimum lot size of 10,000 square (1) Minimum lot area shall be as follows:
feet. a. Service stations, 12,000 square feet.
Supp.No. 21 CD110:46.6
ZONING § 110-351
LIIle
b. All other principal uses and struc- Sec. 110-338. Landscaping, screening and
tures, 5,000 square feet, and, in ad- parking.
dition,the ratio of gross floor area to
lot area shall not exceed 1.5:1.0. In the C-1 low density commercial district,
landscaping, screening and parking shall be pro-
(2) Minimum lot width shall be as follows: vided pursuant to article IX of this chapter per-
a. Service stations, hotels and motels, taining to supplementary district regulations.
100 feet. (Code 1981, § 637.57)
b. All other principal uses and struc-
tures, 50 feet. Sec. 110-339. Offstreet parking and access.
(3) Minimum lot depth shall be 100 feet. In the C-1 low density commercial district,
(4) Maximum lot coverage shall be 50 per- offstreet parking and access to a public or private
cent. street shall be provided in accordance with sec-
tion 110-466.
(5) Minimum living or floor area shall be as (Code 1981, § 637.59)
follows:
a. Hotels and motels, 300 square feet Secs. 110-340-110-350. Reserved.
per rental unit.
b. Hotel and motel units containing DIVISION 6. M-1 LIGHT INDUSTRIAL AND
provisions for cooking or light house RESEARCH AND DEVELOPMENT
keeping, not less than 400 square DISTRICT*
feet.
c. All other principal uses and struc- Sec. 110-351. Intent; applicability.
tures, 300 square feet.
(6) The maximum height of all buildings con- (a) The requirements for the M-1 light indus-
structed within the C-1 district shall be trial and research and development district are
45 feet. intended to apply to an area located in close
(Code 1981, § 637.55; Ord. No. 18-96, § 1, 9-3-96; proximity to transportation facilities and which
Ord. No. 24-2006, § 2, 1-2-07) can serve light manufacturing, research and de-
velopment,distribution and other industrial func-
Sec. 110-337. Minimum setbacks. tions. Restrictions in this division are intended to
minimize adverse influences of the industrial
(a) In the C-1 low density commercial district, activities. All principal uses permitted in this
the minimum setbacks required shall be as fol- zone shall be contained in an enclosed structure.
lows:
(b) The provisions of this division shall apply
(1) Front, 25 feet. (See subsection (b) of this to all property designated as M-1 light industrial
section.) and research and development on the city's offi-
(2) Side (interior lot line), zero feet; 25 feet cial zoning map. Further, those properties zoned
when abutting a residential district. M-1 that are located within the boundaries of the
AlA Economic Opportunity Overlay District, es-
(3) Side (corner lot line), 25 feet. tablished pursuant to article X of this chapter,
(4) Rear, ten feet; 25 feet when abutting a shall be subject to the guidelines and standards of
residential district. that article.
(Code 1981, § 638.01; Ord. No. 01-2007, § 3,
(5) Public or private street, 25 feet. 2-20-07; Ord. No. 11-2012, § 4, 7-17-12)
Lass,' (b) See section 110-536 for special setbacks. *Cross reference—Sign regulations in the M-1 light
(Code 1981, § 637.55) industrial and research and development district, §94-99.
Supp.No.21 CD110:46.7
§ 110-352 CAPE CANAVERAL CODE
Sec. 110-352. Principal uses and structures. (7) Adult entertainment establishments and
sexually oriented businesses, providing it
In the M-1 light industrial and research and complies with the following provisions:
development district,the following uses and struc-
tures are permitted, provided any use or group of a. Definitions. Where applicable,words
uses that are developed, either separately or, if or phrases used in this subsection(7)
developed as a unit with certain site improve- shall be defined according to chapter
ments, shared in common, meet requirements of 10, article IV of the Cape Canaveral
article IX of this chapter: City Code.
(1) General offices, studios, medical and b. Prohibited locations. Notwithstand
den-
tal clinics, laboratories, data processing ing any other provision of the zoning
and similar uses. ordinance of the city, no person shall
cause or permit the establishment of
(2) Engineering, laboratory, scientific and re- an adult entertainment establish-
search instrumentation and associated ment or sexually oriented business
uses. within 1,000 feet of another such
(3) Manufacturing of: establishment or within 1,000 feet of
any pre-existing religious institu-
a. Instruments for controlling,measur- tion, public park, public library, or
ing and indicating physical charac- any residentially zoned district (in-
teristics. cluding, but not limited to, R-1, R-2,
b. Optical instruments and lenses. R-3) or area designated residential
on the city's comprehensive plan fu-
c. Surgical, medical and dental instru- ture land use map. No person shall
ments and supplies. cause or permit the establishment of
d. Ophthalmic goods. an adult entertainment establish-
ment or sexually oriented business
e. Watches, clocks, clockwork-operated within 2,500 feet of an educational
devices and parts. institution. No person shall cause or
f. Photographic equipment and sup permit the establishment of a public
plies. park, public library, residential land
use, or religious institution within
g. Jewelry, silverware, plated ware. 1,000 feet, or an educational institu-
h. Musical instruments and parts. tion within 2,500 feet, of an existing
adult entertainment establishment
i. Toys,amusements,sporting and ath- or sexually oriented business. This
letic goods. provision shall also apply to adult
j. Radio,TV,phonograph and electron- entertainment establishments, sex-
ics instruments and parts. ually oriented businesses, religious
institutions, public parks, public li-
k. Pens, pencils and other office and braries,educational institutions and
artist materials. areas zoned or designated on a Com-
1. Costume jewelry, costume novelties, prehensive Plan for residential use
buttons and notions. that lie outside of the city.
m. Other similar uses. c. Permissible locations. Notwithstand-
ing any other provisions of the zon-
(4) Ministorage and storage garages. ing ordinance of the city,except those
(5) Paint and body shops. contained in subparagraph b., pro-
hibited locations, above, adult enter-
(6) Motor vehicle repair shops. tainment establishments and sexu-
Supp.No.21 CD110:46.8
ZONING § 110-352
Lie
ally oriented businesses shall only sexually oriented business and
be allowed in the M-1 zoning dis- adult entertainment establish-
trict. ment code will be observed;
d. Measurement of distance. The dis- 3. That the proposed use will not
tante between any two adult enter be contrary to any adopted land
tainment establishments or sexually use plan;
oriented businesses shall be mea- 4 That special conditions and cir-
sured in a straight line, without re- cumstances exist which are pe-
gard to intervening structures, from culiar to the land, building or
the closest exterior structural wall of proposed business which are not
each such establishment. The dis- generally applicable to other
tante between any adult entertain lands,buildings,or adult enter
ment establishment or sexually ontainment or sexually oriented
ented business and any residentially businesses.
zoned or designated land, religious 5. That the variance is the mini-
institution, public park, public li- mum variance that will make
brary or educational institution shall possible the reasonable use of
be measured in a straight line,with- the subject land and building
out regard to intervening structures, for the intended purpose; and
from the closest exterior structural 6. That the variance does not con-
wall of the adult entertainment es- fer upon the applicant any spe-
tablishment or sexually oriented busi- cial privilege.
ness to the nearest boundary of the (8) Vocational schools and colleges.
area zoned or designated on the com-
prehensive plan for residential use, (9) Fireworks sales facilities subject to the
or nearest property boundary of any following distance requirements:
religious institution, public library, a. They shall be at least 1,000 feet from
public park or educational institu- any pre-existing fireworks sales fa-
tion. cilities;
e. Reserved. b. They shall be at least 1,000 feet from
any pre-existing residential use or
f. Variance. Upon written application property designated residential on
duly filed with the city,the city coun- the city's comprehensive plan future
cil, may grant a variance, with or land use map and/or official zoning
without conditions and additional map;
safeguards, to the distance require-
ments of subparagraph b. above if it c. The distance shall be measured as
finds: the shortest linear distance between
the property line of the proposed
1. That the proposed use will not fireworks sales facility and any pre-
be contrary to the public inter- existing fireworks sales facilities or
est, detrimental to the public any pre-existing residential use or
welfare, or injurious to nearby property designated residential on
properties, and that the spirit the city's comprehensive plan future
and intent of the zoning ordi- land use map and/or official zoning
nance will be observed; map.
Lioe 2. That all applicable provisions (10) Breweries, with or without tasting rooms
of this subsection and the city and associated retail sales.
Supp. No. 21 CD110:46.9
§ 110-352 CAPE CANAVERAL CODE
(11) Tattoo establishments and those body pierc- (c) Special exceptions may be granted for the
ing establishments required to be licensed following:
under F.S. § 381.0075, provided however, (1) Outside storage, as provided in section
no such establishment shall be permitted 110-566.
to locate within 100 feet of any pre-
existing residential use or any property (2) Freight handling facilities; transporta-
designated residential on the city's com- tion terminals.
prehensive plan future land use map and/or (3) Temporary security facilities, subject to
official zoning map. annual review.
(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, (4) Service stations, subject to the provisions
9-7-99; Ord. No. 02-2004, § 2, 3-2-04; Ord. No. designated in division 5 of this article for
08-2004, § 2, 5-4-04; Ord. No. 13-2004, § 4, 7-20- the C-1 district.
04; Ord. No. 03-2011, § 2, 5-17-11; Ord. No. (5) Veterinary hospitals and clinics, subject
06-2011, § 2, 10-18-11; Ord. No. 08-2012, § 2, to the provisions designated in division 5
6-19-12) of this article for the C-1 district.
(6) Recycling activities for the collection of
Sec. 110-353. Accessory uses and structures. nonhazardous materials,provided that all
storage of such materials shall be in ap-
In the M-1 light industrial and research and proved structures, containers or trailers.
development district, accessory uses and strut (7) Radio and TV studios.
tures shall be permitted as follows:
(8) Shopping centers, provided the shopping
(1) Retail sales of products manufactured upon center is on a minimum ten-acre plot and
the premises. has a minimum of 75,000 square feet of
interior space under the roof.All shopping
(2) Customary accessory uses of one or more centers shall be built in conformance with
of the principal uses, clearly incidental the criteria for the classification of shop-
and subordinate to the principal use, in ping centers as set forth in the building
keeping with the light industrial and re- code adopted in section 82-31.
search and development character of the
district. (9) Public utility equipment;uses and rights-
(Code 1981, § 638.05) of-way essential to serve the neighbor-
hood in which it is located.
Sec. 110-354. Special exceptions permissi- (10) Permanent security living facilities, sub-
ble by board of adjustment. ject to an annual review and the follow-
ing:
(a) In the M-1 light industrial and research a. Maximum size not to exceed 800
and development district, after public notice and square feet.
hearing, the board of adjustment may permit b. Security personnel only; no children
special exceptions which are compatible to per- allowed.
mitted uses and which are able to meet the
minimum requirements and performance stan c. Facility to be used exclusively for
dards as set forth in this zoning district.
security purposes.
(11) Restaurants.
(b) The board of adjustment may adjust set (12) Public buildings.
backs and provisions of section 110-566 as deemed
necessary and appropriate in granting a special (13) Telecommunications towers,subject to the
exception. provisions of section 110-482.
Supp.No. 21 CD110:46.10
ZONING § 110-359
CINoe
(14) Conveyor systems for purposes of moving (2) Minimum 1ot width shall be 75 feet.
aggregate and other materials, subject to
the following: (3) Minimum lot depth shall be 100 feet.
a. Conveyor systems must be connected (4) Maximum lot coverage shall be 50 per-
and adjacent to Port Canaveral. cent.
b. Conveyor systems crossing the set- (5) Minimum floor area shall be 300 square
back must be constructed in a north- feet.
south direction,perpendicular to Port (6) The maximum height of all buildings con-
Canaveral. structed within the M-1 zoning district
c. Conveyor systems must be corn- shall be 45 feet.
pletely enclosed where located within (Code 1981, § 638.11; Ord. No. 18-96, § 2, 9-3-96)
a setback.
d. Conveyor systems shall not exceed Sec. 110-357. Minimum setbacks.
30 feet in height,where located within
a setback. (a) In the M-1 light industrial and research
and development district, the minimum setbacks
e. Conveyor systems in the setbacks required shall be as follows:
shall not be located within 750 feet
from any other existing or approved (1) Front, 25 feet. (See subsection (b) of this
conveyor system(s). This measure- section.)
ment shall be drawn as a straight (2) Side (interior lot line), 15 feet, except
line connecting the conveyor sys- where industrial property abuts a residen-
tems.Lose tial district, in which case the minimum
(Code 1981, § 638.07; Ord. No. 13-95, § 1,9-19-95; side interior lot shall be 25 feet.
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. (3) Side (corner lot line), 25 feet.
01-2007, § 2, 2-20-07)
(4) Rear, 15 feet, except where industrial
Cross reference—Adult entertainment,§ 10-86 et seq.
property abuts a residential district, in
Sec. 110-355. Prohibited uses and structures. which case the minimum rear yard re-
In the M-1 light industrial and research and quirement shall be 25 feet.
development district,the following uses and strut- (5) Public or private street, 25 feet.
tures are prohibited:
(b) See section 110-536 for special setbacks.
(1) All uses not specifically or provisionally (Code 1981, § 638.11)
permitted in this division and uses not in
keeping with the light industrial and re- Sec. 110-358. Landscaping, screening and
search and development character of the parking.
district.
(2) Any use deemed objectionable by the stan- the M-1 light industrial and research and
dards established in section 110-466 et development district, landscaping, screening and
seq. parking shall be as provided in article IX of this
(Code 1981, § 638.09) chapter.
(Code 1981, § 638.13)
Sec. 110-356. Area and dimensions.
In the M-1 light industrial and research and Sec. 110-359. Performance standards.
development district, the area and dimensions In the M-1 light industrial and research and
shall be as follows: development district,performance standards shall
(111111.0e (1) Minimum lot area shall be 10,000 square be as provided in section 110-466 et seq.
feet. (Code 1981, § 638.15)
Supp.No. 21 CD110:46.11
§ 110-360 CAPE CANAVERAL CODE
Sec. 110-360. Parking and loading. Sec. 110-373. Minimum setbacks.
In the M-1 light industrial and research and For townhouses, the minimum setbacks re-
development district,offstreet parking shall be as quired shall be as follows:
provided in section 110-491 et seq. and offstreet (1) Front, 25 feet.
loading shall be as provided in section 110-506 et
seq. (2) Side, end unit, eight feet.
(Code 1981, ch. 638.17) (3) Side, interior unit, zero feet.
(4) Rear, 15 feet.
Secs. 110-361-110-370. Reserved.
(5) Side,corner lot,25 feet;on all nonconform-
ing lots of record, 15 feet.
DIVISION 7. TOWNHOUSES (Code 1981, § 639.03)
Sec. 110-371. Permitted use. Sec. 110-374. Offstreet parking.
Townhouses are permitted as an allowed use in For a townhouse, there shall be a minimum of
R-2 and R-3 districts. three parking spaces for each living unit located
(Code 1981, ch. 639) on the same property as the main building. The
minimum of three parking spaces shall be re-
Sec. 110-372. Area and dimensions. quired of all living units of three bedrooms or less.
Living units containing in excess of three bed-
Townhouse area and dimensions shall be as rooms shall require an additional parking space
follows: for each bedroom in excess of three.
(1) Minimum area to be developed shall be (Code 1981, § 639.05)
6,250 square feet. Sec. 110-375. Utilities.
(2) Minimum lot area shall be 1,600 square For townhouse utilities, the following shall
feet.
apply:
(3) Minimum lot width shall be 20 feet. (1) All utility distribution systems, including
(4) Minimum lot depth shall be 70 feet. but not limited to television cable, tele-
phone and electrical systems shall be in-
(5) Maximum lot coverage by all buildings stalled underground.Primary facilities pro-
shall be 40 percent of the site area. viding services to the site may be excluded.
(6) Minimum floor area shall be as follows: (2) A five-foot public access easement shall be
a. One bedroom, 650 square feet per provided along each side and across the
dwelling unit. rear of the site.
(Code 1981, § 639.07)
b. Two bedrooms, 750 square feet per
dwelling unit. Sec. 110-376. Reserved.
c. Additional bedrooms,200 square feet Editor's note—Ord. No. 09-2007, § 2, adopted Dec. 4,
per bedroom. 2007, repealed§ 110-376,which pertained to preservation of
trees and derived from Code 1981,§639.09.
(7) Maximum building length or width shall
be 185 feet. Sec. 110-377. Individually platted lots.
Until December 31, 1993, 50 and 75-foot-wide Each townhouse unit shall be located on an
nonconforming lots of record may have 16-foot- individually platted lot. If there exists areas for
wide townhouse lots. common use of the occupants, the plat will not be
(Code 1981, § 639.03) approved until satisfactory arrangements are made
Supp.No. 21 CD110:46.12
ZONING § 110-381
Lee,
for maintenance and presented to the city. Indi- of uses permitted are intended to serve employ-
vidual maintenance procedures shall be submit- ment and consumer needs of nearby residential
ted to the planning and zoning board to ensure neighborhoods,as well as the commercial needs of
that all public areas in common open spaces shall the motorist. All principal uses permitted in this
be maintained in a satisfactory manner without zone shall be contained in an enclosed structure.
expense to the city.
(Code 1981, § 639.11) (b) The provisions of this division shall apply
to all property designated as C-2 commercial/
Sec. 110-378. Building permit. manufacturing on the city's official zoning map.
Further, those properties zoned C-2 that are lo-
The townhouse developer must file an applica- cated within the boundaries of the AlA Economic
tion for a building permit. The application must Opportunity Overlay District, established pursu-
be in a format approved by the building official ant to article X of this chapter, shall be subject to
and shall include all elements necessary for multi- the guidelines and standards of that article.
family construction in accordance with section (Ord. No. 4-99, § 1, 7-6-99; Ord. No. 01-2007, § 3,
110-221 et seq.The expiration date of the building 2-20-07; Ord. No. 11-2012, § 4, 7-17-12)
permit shall be in accordance with section 106.6.1
of the building code adopted in section 82-31. Sec. 110-381. Principal uses and structures.
(Code 1981, § 639.13)
In the C-2 commercial/manufacturing district,
Sec. 110-379. Development schedule. the following uses and structures are permitted:
A townhouse development schedule shall be 1. Retail stores, sales and display rooms,
submitted for review to the planning and zoning and shopping centers.
board, who may approve, approve subject to con-
ditions or disapprove.When submitted,the devel- 2. Personal service establishments, such as
opment schedule shall indicate the staging of beauty shops and barbershops, laundry
construction and the staging of open space or and dry cleaning pickup stations, tailor
other common use areas for conveyance, dedica shops, daycare and similar uses.
tion or reservation;the geographic stages in which 3. Dry cleaning establishments using non-
the project will be built; the approximate date flammable solvents and cleaning fluids as
when construction of each stage shall begin; and determined by the fire chief.
its anticipated completion date. Provision for the
construction of cultural and recreational facilities 4. Professional offices, studios, medical and
which are shown on the site plan shall proceed at dental clinics, laboratories, general of-
an equivalent or greater rate as the construction fices, business schools, data processing
of the dwelling units. and similar uses.
(Code 1981, § 639.15) 5. Banks and financial institutions.
DIVISION 8. C-2 6. Places in which goods are produced and
COMMERCIAIJMANUFACTURING DISTRICT sold at retail upon the premises.
7. Eating establishments, bakeries and del-
Sec. 110-380. Intent; applicability. icatessens.
(a) The requirements for the C-2 commercial/ 8. Noncommercial public parks; commercial
manufacturing district are intended to apply to indoor playgrounds;clubs and lodges;cul-
an area adjacent to major arterial streets,located tural facilities;hospitals;medical and den-
adjacent to existing commercial or manufacturing tal clinics; mortuaries and funeral homes
uses and convenient to major residential areas. (excluding crematories); government of-
Lie This district would be associated with a mix of low fices; schools; adult and youth centers;
density commercial and light industrial.The types churches;reading rooms and similar uses.
Supp.No. 21 CD110:46.13
§ 110-381 CAPE CANAVERAL CODE
9. Vocational and trade schools not involving tern components, radios, steer-
operations of an industrial nature, such ing assembly parts,fuel system
as truck driving schools. components and the like.
10. Repair service establishments, such as 3. Tire servicing and repair, but
household appliances,radio,television and not recapping.
similar uses (excluding automobile re- 4. Washing and polishing, includ-
pairs). ing the sale of related materi-
als.
11. Automotive service stations, subject to
the following: 5. Greasing,oil changes and other
lubrication.
a. All setbacks shall be no less than 25 6. Sale of cold drinks, package
feet from any portion of the building,
foods, tobacco and similar con-
including pump islands. venience goods for service sta-
b. Underground storage is required for tion customers.
all receptacles for combustible mate- 7. Road maps, informational ma-
rials in excess of 55 gallons. Such terials and restroom facilities.
storage shall comply with all Envi-
ronmental Protection Agency stan- h. Vehicles shall not be parked outside
dards. the building for more than four days,
such four days to be considered as an
c. The accumulation and storage of accumulated parking time, whether
waste petroleum products is forbid- consecutive or accumulated.
den, unless in compliance with En-
vironmental Protection Agency stan- i. Uses permissible at a service station
dards. do not include body work, straight-
ening of body parts, painting, weld-
d. Curb cuts shall be made in accor- ing (other than minor repairs), stor-
dance with section 110-493. age of automobiles not in operating
e. No service stations shall be erected condition or other work involving
or located within 150 feet of the noise, glare, fumes, smoke or other
property line of any church,hospital, characteristics to an extent greater
than normally found in service sta-
school or park. tions.A service station is not a body
f. A visual screen, meeting the specifi- shop.
cations of section 110 566, shall be j. Automotive parts,new or used,shall
provided along any property line abut not be stored outside.
ting a residential district or residen-
tial use. k. Vehicles are not to be dismantled or
scrapped for parts.
g. Services and sales permissible in-
clude only the following: 1. Engine and transmission overhaul
may be performed only inside the
1. Spark plugs, batteries, distrib service bays.
utor parts,ignition system parts,
vehicle wiring and the like. m. A minimum of two enclosed service
2. Exhaust system components,en- bays and a customer waiting area
gine cooling components, auto must be provided if maintenance and
motive air conditioning system
repairs are a part of the business.
components, braking system n. A minimum building size of 2,000
components,vehicle lighting sys- square feet shall be provided.
Supp.No. 21 CD110:46.14
ZONING § 110-383
o. No plants (grass, weeds, etc.) shall Sec. 110-383. Special exceptions permissi-
be allowed to grow through cracks or ble by the board of adjust-
joints in the pavement. ment.
p. Landscaping shall conform to sec- (a) In the C-2 commercial/manufacturing dis-
tion 110-566. trict, after public notice and hearing,the board of
q. Service stations shall not be erected adjustment may permit special exceptions which
or located within 2,000 feet of the are compatible to permitted uses and which are
property line of another service sta- able to meet the minimum requirements and
tion. performance standards,as set forth in this zoning
12. Light manufacturing, including: district.
a. Instruments for controlling,measur (b) The board of adjustment may adjust set
ing and indicating physical charac- and provisions noted in article IX of this
teristics. chapter as necessary and appropriate in granting
special exceptions.
b. Optical instruments and lenses.
c. Surgical, medical and dental instru (c) Special exceptions may be permitted for the
ments and supplies. following:
d. Ophthalmic goods. 1. Plant nurseries and greenhouses, pro-
vided that all outside display of merchan-
e. Watches, clocks, clockwork-operated dise are contained within the required
devices and parts. setbacks.
f. Photographic equipment and sup 2. Vocational and trade schools involving
plies.
operations of an industrial nature.
g. Jewelry, silverware, plated ware.
3. Radio and television studios.
h. Musical instruments and parts.
i. Toys,amusements,sporting and ath 4. Temporary security facilities, subject to
letic goods. annual review.
j. Radio,TV,phonograph and electron- 5. Veterinary hospitals and clinics, subject
ics instruments and parts. to the provisions designated in division 5
of this article for the C-1 district.
k. Pens, pencils and other office and
artist materials. 6. Sales of new and used automobiles,major
recreational equipment and mobile homes
1. Costume jewelry, costume novelties, with accessory services, subject to the
buttons and notions. following:
m. Other similar uses. a. Outside areas where merchandise is
(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 06-2011, § 2, displayed shall be paved.
10-18-11)
b. All ingress and egress points to abut-
Sec. 110-382. Accessory uses and structures. ting streets shall be marked clearly
and placed not closer than 30 feet
In the C-2 commercial/manufacturing district, apart on the same street.
customary accessory uses of one or more of the
principal uses,clearly incidental and subordinate c. All servicing and repair activities,
to the principal use,in keeping with the commer except gasoline pumps, shall be lo-
cial manufacturing character of the district, are cated in an enclosed structure.
permitted. d. There shall be no storage of junked
Low' (Ord. No. 4-99, § 1, 7-6-99; Ord. No. 06 2011, § 2, or wrecked automobiles, other than
10-18-11) temporary storage, not to exceed 30
Supp.No. 21 CD110:46.15
§ 110-383 CAPE CANAVERAL CODE
days. These vehicles shall be within Sec. 110-384. Prohibited uses and structures.
an enclosed area and not be visible In the C-2 commercial/manufacturing district,
from outside the property. the following uses and structures are prohibited:
e. Ingress and egress points shall not 1. All uses not specifically or provisionally
be placed so as to endanger pedes- permitted in this division.
trian traffic.
2. Any use which fails to meet performance
7. Commercial establishments for the stor- standards specifications as provided in
age of parking recreational vehicles,trail- section 110-466.
ers and trailerable items,provided it meets 3. Bottle clubs.
the following, as a minimum:
4. Crematoriums (animal or human).
a. Minimum lot size of 10,000 square (Ord. No. 4-99, § 1, 7-6-99)
feet.
b. Vehicle storage area must be ob Sec. 110-385. Area and dimensions.
scured from view by either walls, In the C-2 commercial/manufacturing district,
fences or hedges. the following areas and dimensions shall be re-
c. Walls, fences and hedges must com- quired:
ply with all city rules and regula- 1. Minimum lot area shall be as follows:
tions and must be kept in good con- a. Service stations, 12,000 square feet.
dition, so as to ensure obstruction
from view. b. All other principal uses and struc-
tures shall be 10,000 square feet.
8. Public utility equipment:Uses and rights- 2. Minimum lot width shall be as follows:
of-way essential to serve the neighbor-
hood in which it is located. a. Service stations, 100 feet.
b. All other principal uses and struc-
9. Theaters, drive-in theaters, photographic tures shall be 75 feet.
studios,bookstores and dance studios,un-
less such uses fall within the scope and 3. Minimum lot depth shall be 100 feet.
restrictions of section 10-86, et seq. 4. Maximum lot coverage shall be 50 per-
cent.
10. Carwashes, including polishing and sale
of related materials. 5. Minimum floor area shall be 300 square
feet.
11. Mini-storage and storage warehouses. 6. Maximum height shall be 45 feet.
12. Commercial establishments which sell, (Ord. No. 4-99, § 1, 7-6-99)
dispense, serve or store alcoholic bever-
ages or which permit the consumption of Sec. 110-386. Minimum setbacks.
alcoholic beverages on their premises sub- In the C-2 commercial/manufacturing district,
ject to section 110-171. the minimum setbacks required shall be as fol-
13. Vehicle rental facility,as provided in§ 110- lows:
556 of this Code. 1. Front, 25 feet.
14. Pain management clinics, subject to the
a. (See § 110-356 for special setback.)
requirements of section 110-489 of this 2. Side(interior lot line)15 feet,except where
Code. industrial property abuts a residential
(Ord. No. 4-99, § 1, 7-6-99; Ord. No. 02-2003, § 2, district, in which case the minimum side
3-4-03; Ord. No. 06-2011, § 2, 10-18-11) interior lot shall be 25 feet.
Supp.No. 21 CD110:46.16
ZONING § 110-401
Live,
3. Side (corner lot line), 25 feet. Common open space means a parcel of land or
4. Rear, 15 feet, except where industrial a combination of land and water within the site
property abuts a residential district, in designated as a residential planned unit develop-
which case the minimum rear yard re- ment and designed and intended for the use or
quirement shall be 25 feet. enjoyment of residents of the residential planned
unit development. Common open space shall be
5. Public or private street, 25 feet. integrated throughout the residential planned
a. (See Section 110-356 for special set- unit development to provide for a linked recre-
backs.) ational/open space system.
(Ord. No. 4-99, § 1, 7-6-99)
Developer means a person who owns land which
is developed into a residential planned unit devel-
Sec. 110-387. Landscaping, screening and opment and who is actually involved in the con-
parking. struction and creation of a residential planned
In the C-2 commercial/manufacturing district, unit development.
landscaping, screening and parking shall be as Development plan means the total site plan of
provided in article IX of this chapter. the residential planned unit development drawn
(Ord. No. 4 99, § 1, 7-6-99)
in conformity with this article. The development
plan shall specify and clearly illustrate the loca-
Sec. 110-388. Performance standards. tion,relationship,design,nature and character of
In the C-2 commercial/manufacturing district, all primary uses, public and private easements,
performance standards shall be as provided in structures,parking areas,public and private roads
section 110-466, et seq. and common open space.
(Ord. No. 4-99, § 1, 7-6-99)
Development schedule means a comprehensive
Sec. 110-389. Parking and loading. statement showing the type and extent of devel-
opment to be completed within the various prac-
In the C-2 commercial/manufacturing district, ticable time limits and the order in which devel-
off-street parking shall be as provided in section opment is to be undertaken. A development
110-491, et seq., and off-street loading shall be as schedule shall contain an exact description of the
provided in section 110-506, et seq. specific buildings, facilities, common open space
(Ord. No. 4-99, § 1, 7-6-99) and other improvements to be developed at the
end of each time period.
Secs. 110-390-110-400. Reserved. Final development plan means the develop-
ment plan approved by the city council and re-
ARTICLE VIII. RESIDENTIAL PLANNED corded with the clerk of the circuit court of the
UNIT DEVELOPMENTS county according to this article.
Final development plan application means the
DIVISION 1. GENERALLY application for approval of the final development
plan and for approval of the required exhibits as
Sec. 110-401. Definitions. specified in this article.
The following words, terms and phrases,when Lot means a portion of a block intended for the
used in this article, shall have the meanings construction of one dwelling or the transfer of
ascribed to them in this section, except where the ownership or both.
context clearly indicates a different meaning:
Preliminary development plan means the de-
Block means an area delineated within a stage velopment plan approved by the city council and
which is subdivided into lots for single units and filed with approval by the city of a residential
individual ownership. planned unit development zone.
Supp.No. 21 CD110:46.17
§ 110-401 CAPE CANAVERAL CODE
Preliminary development plan application means
the application for approval of the use of a site as
a residential planned unit development and for
approval of the required exhibits as specified in
this article.
Residential planned unit development or RPUD
means an area of land developed as a single entity
or in approved stages in conformity with a final
development plan by a developer or group of
developers acting jointly,which is totally planned
to provide for a variety of residential uses and
common open space.
J
j
Supp.No. 21 CD110:46.18
ZONING § 110-488
up, shall be located within the residence districts subject to the general conditions for
served. The location shall be approved by special exceptions and the following minimum
the building official. requirements:
(10) One side setback on the property shall (a) Front, side and rear setbacks shall be a
remain open space in accordance with minimum of 25 feet; setbacks from adja-
this Code. cent residential lot lines shall be a mini-
(Ord. No. 15-2005, § 2, 9-20-05) mum of 50 feet.
Sec. 110-485. Liquefied petroleum gas. (b) Minimum lot area shall be five acres.
The tank capacity for storage of liquefied pe- (c) Each assisted living facility unit shall
troleum gas for distribution purposes shall not contain minimum living area of 400 square
exceed 1,000 total gallons per lot of record. To the feet for single bed units and 700 square
extent that this section conflicts with a more feet for double bed units.
restrictive provision of any applicable fire safety (d) Loading docks and dumpster areas shall
code or law, the more restrictive code or law shall conform to the following:
apply.For purposes of this section,the term"lot of
record" shall have the same meaning set forth in (1) Loading docks and dumpster areas
section 110-1 and shall also include a combination shall be directed away from any res
of contiguous lots of record that are either under idential development adjacent to the
single ownership, unified in title, or used for assisted living facility.
common development purposes. (2) Dumpsters shall be visually screened
(Ord. No. 01-2007, § 2, 2-20-07) from public view from an adjacent
public right-of-way or residential de-
Sec. 110-486. Vacation rentals. velopment by fully enclosed screen-
Nothing contained in the City Code shall be ing that is a minimum of six feet in
construed as prohibiting the use of any dwelling height, measured above finished
unit as a "vacation rental," as defined by F.S. ch. grade.
509. Vacation rentals shall comply with the min- (3) Each enclosure shall include a deco-
imum seven-day rental restriction pursuant to rative opaque gate that is a mini-
section 110-487 of the City Code and shall be mum of six feet in height, measured
governed by F.S. ch. 509, the Florida Building above finished grade.
Code and the Florida Fire Prevention Code. (4) Each dumpster enclosure shall be
(Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 02-2011, constructed as one of the following:
§ 2, 5-17-11; Ord. No. 06-2012, § 2, 4-17-12)
(A) A masonry wall at a minimum
Sec. 110-487. Rental restrictions on dwell- of six feet in height, measured
ing units. from finished grade. The ma-
sonry wall shall be decoratively
It shall be unlawful for any person to rent a finished concrete masonry unit,
dwelling for less than seven consecutive days in brick, stucco, pre-cast panels,
any zoning district, excluding hotels and motels split-face block or other mate-
under subsection 110-332(4) and vacation rentals rial matching the exterior of
in the C-1 zoning district. the principal building.
(Ord. No. 04-2007, §2, 6-19-07; Ord. No. 06-2012,
§ 2, 4-17-12) (B) A combination of fencing and
landscape buffer. Fencing shall
Sec. 110-488. Assisted living facilities. be fabricated from aluminum,
wrought iron, vinyl, brick, or
(kliere Assisted living facilities may only be permitted other approved materials. The
by special exception in the R-3 and C-1 zoning landscape buffer shall be a min-
Supp.No. 21 CD110:67
§ 110-488 CAPE CANAVERAL CODE
imum of five(5)feet in width, a unencumbered license under F.S. ch. 458
minimum of three feet in height, or ch. 459, and shall practice at the clinic
50 percent opaque at planting location for which the physician has as-
and capable of attaining a height sumed responsibility. Within ten days af-
of six feet and 75 percent ter termination or absence of the medical
opaqueness within 24 months. director, the clinic must notify the city of
(5) The dumpster shall be located so as the identity of another medical director
to facilitate pickup by solid waste for the clinic.
collection agencies.
(c) There shall be no less than one-half-mile
(6) The dumpster enclosure shall not be distance between each pain management
placed in drainage flow areas. clinic regardless of the municipal bound-
(7) Adequate reinforced paved areas shall aries of the city.
be provided for the dumpster and
their approaches for loading and un- (d) No pain management clinic shall be per
loading. mitted to locate within 1,000 feet of any
public or private school or daycare facility.
(8) No part of a dumpster or materials
stored within the screen area shall (e) Pain management clinics shall only be
extend above the dumpster enclo- permitted to operate between the hours of
sure. 9:00 a.m. and 7:00 p.m., Monday through
(9) Chain link, painted or unpainted Friday, and 9:00 a.m. to 5:00 p.m. on
block walls, barbed wire and wood Saturday.
are prohibited as part of a dumpster
enclosure. (f) There shall be no outdoor seating areas,
(Ord. No. 17 2010, § 2, 11-16-10) queues, or customer waiting areas. All
activities of the pain management clinic,
Sec. 110-489. Pain management clinic regu- including sales display,preparations and
lations. storage,shall be conducted entirely within
an enclosed building.
Pain management clinics may only be permit-
ted by special exception in the C-1 and C-2 zoning (g) Limiting payment for goods or services to
districts, subject to the general conditions for cash only is prohibited.
special exceptions and subject to the following
requirements: (h) Pain management clinics shall be re-
quired to submit to the Brevard County
(a) Pain management clinics must be regis- Sheriffs Office a daily summary contain-
tered with the state as required by Flor- ing the following information from the
ida law. Proof of registration, application prior business day:
for registration, or letter of exemption
must be provided with the special excep- (i) The total number of prescriptions
tion application for the pain management written that day;
clinic.
(ii) The total number of doses of drugs
(b) Each pain management clinic shall be sold and/or dispensed by the pain
operated by a medical director who is a management clinic that day(includ-
Florida-licensed physician, board-certi- ing samples), specifying how many
fled in pain medicine, and who shall be doses were sold or dispensed; the
responsible for complying with all require- person prescribing or dispensing
ments related to registration and opera- same; and the manner of payment
tion of the clinic. The designated physi- by each person who was dispensed
cian must have a full, active, and drugs at the clinic that day; and
Supp. No. 21 CD110:68
(kiimpe ZONING § 110-489
(iii) The state of residence of each person agreement regarding an arrest for,
to whom drugs were prescribed or any felony or crime involving moral
dispensed that day. turpitude.
(i) A pain management clinic shall not be (k) No pain management clinic shall be wholly
permitted as a home occupation. or partially owned by, or have as a prin-
cipal, partner, officer, member, managing
(j) No pain management clinic shall be wholly member, or otherwise where the owner is
or partially owned by,or have any contrac- an entity, any person who:
tual relationship (whether as a principal, (i) Has been convicted of, pled nolo
partner, officer, member, managing mem- contendere to, or violated any plea
ber, employee, independent contractor, or agreement regarding an arrest for, a
otherwise) with any physician, pharma-
cist, or any other person who prescribes violation of any state, federal, or
similar law related to drugs or alco-
drugs and who, within five years prior to hol; or
the receipt of any application for special
exception: (ii) Has been convicted of, pled nolo
contendere to, or violated any plea
(i) Has been suspended, had his or her agreement regarding an arrest for,
license revoked, or been subject to any felony or crime involving moral
disciplinary action for prescribing, turpitude.
dispensing, administering, provid-
ing, supplying, or selling any con- (1) No pain management clinic shall employ
trolled substance in violation of any any person, as an independent contractor
state, federal, or similar law where or otherwise, who:
such person is licensed to practice; (i) Has been convicted of, pled nolo
(ii) Has been convicted of, pled nolo contendere to, or violated any plea
contendere to, or violated any plea agreement regarding an arrest for,a
agreement regarding an arrest for, a violation of any state, federal, or
violation of any state, federal, or similar law related to drugs or alco-
hol, specifically including but not
similar law related to drugs or alto limited to, prescribing, dispensing,
hol, specifically including but not administering, providing, supplying
limited to, prescribing, dispensing, or selling any controlled substance;
administering,providing,supplying,
or selling any controlled substance; or
(ii) Has been convicted of, pled nolo
(iii) Has been suspended, had his or her contendere to, or violated any plea
license revoked, or been subject to agreement regarding an arrest for,
disciplinary action by any state,fed- any felony or crime involving moral
eral, or other governmental entity turpitude within the five years pre-
where such person is licensed to prac- ceding the application for special ex-
tice; ception.
(iv) Has had any state, federal, or other (m) The pain management clinic shall at all
governmental entity where such per- times be subject to the requirements of all
son is licensed to practice take any applicable federal, state, county and local
action against such person's license laws and ordinances, as they may be
as a result of dependency on drugs or amended from time to time.
alcohol; or
(n) Additional application information.An ap-
(v) Has been convicted of, pled nolo plicant seeking a special exception for a
contendere to, or violated any plea pain management clinic shall,in addition
Supp.No. 21 CD110:69
§ 110-489 CAPE CANAVERAL CODE
to the general application information re- (vii) A floor plan showing the location and
quired for special exceptions, provide the nature of adequate security mea-
following: sures, including those required by
the State of Florida for controlled
(i) The pain management clinic's regis- substances,to safeguard all drugs to
tration number issued by the Florida be dispensed in the course of its
Department of Health, as required business.
by Florida law.
(ii) Name of the medical director, as (viii) An affidavit of the medical director,
signed under oath, attesting:
required herein,responsible for com-
plying with all requirements related (A) That their practice is located at
to operation of the pain management the subject pain management
clinic and the medical director's Drug clinic;
Enforcement Agency number. (B) That no employees of the facil-
(iii) A list of all persons associated with ity have been convicted of a
the management or operation of the drug-related felony within the
pain management clinic,whether paid five years preceding the appli
or unpaid, part-time or full-time, in cation for special exception;
cluding all contract labor and inde- (C) That the pain management
pendent contractors. This list shall clinic will not knowingly em-
include, but not be limited to, all ploy any such convicted felons
owners,operators,employees and vol- thereafter; and
unteers. For persons listed, the fol- (D) That the medical director shall
lowing additional information must be required to inform the city
be provided: within ten days should the med-
(A) Person's title,current home ad- ical director be terminated or
dress, telephone number and otherwise leave the affiliation
date of birth; of the pain management clinic
(B) List of all criminal convictions as medical director.
whether misdemeanor or fel- The medical director shall be required to keep
ony; that are drug related; all application information updated with the
(C) A copy of a current Florida driv city at all times,even after issuance of a special
s license or government is-
exception, and said information shall be eeri-
er
sued photo identification and fled annually by the city in conjunction with
the city's local business tax receipt renewal
(D) A set of fingerprints. process. The medical director shall notify the
(iv) If the property owner is different city of any change to the information within
from the owner of the pain manage- ten days of any new person becoming associ-
ment clinic, the applicant shall pro- ated with the pain management clinic or any
vide the name, address, telephone other change to the application information
number and a copy of a Florida driv required herein. Failure to properly maintain
license or government issued
updated information with the city shall be
er's
photo identification of the property grounds for revocation of the pain management
owner along with the application. clinic special exception.
(v) An inventory of diagnostic equip- (p) Any special exception granted for a pain
ment to be located at the clinic; management clinic may be temporarily
suspended or absolutely revoked by ma-
(vi) A natural disaster management plan; jority vote of the board of adjustment at a
Supp. No. 21 CD110:70
ZONING § 110-491
public hearing, when the board of adjust- DIVISION 2. OFFSTREET PARKING*
ment has determined by competent sub-
stantial evidence that either: Sec. 110-491. Number of spaces required.
(i) The pain management clinic has There shall be provided at the time of the
obtained the special exception erection or change of use of any main building or
upon false statements, fraud, structure or at the time any main building or
deceit, misleading statements, structure is enlarged or increased in capacity, by
or suppression of material facts; adding dwelling units, guestrooms, floor area or
(ii) The pain management clinic has seats,minimum offstreet automobile parking space
committed substantial viola- with adequate provisions for ingress or egress in
tions of the terms and condi accordance with the following:
tions on which the special ex- (1) Auditoriums, theatres, clubs, lodges, res-
ception was granted; taurants and other places of assembly.
(iii) The pain management clinic no One space for each three seats or seating
longer meets the requirements places or one space for every 100 square
of this section or other applica feet of floor area of the main assembly
ble law; or hall, whichever is greater.
(iv) The medical director or any (2) Churches, temples or places of worship.
other employee of the pain man- One space for each four seats or seating
agement clinic knowingly al places or one space for each 125 square
lowed illegal activities to be con feet of floor area of the main assembly ise
ducted on the premises. hall, whichever is greater.
Prior to any special exception being revoked, (3) Hospitals. Two spaces for each patient
the pain management clinic shall be provided bed plus one space for each employee on
the largest work shift.
with minimum due process including notice of
the grounds for revocation and hearing date, (4) Libraries, museums. Offstreet parking
an opportunity to be heard,the right to present spaces equal in area to 50 percent of the
evidence, and the right to cross-examine ad- floor area open to the public.
verse witnesses.
(Ord. No. 06 2011, § 2, 10-18-11) (5) Manufacturing and industrial uses. One
space for each employee on the largest
work shift.
Sec. 110-490. Donation bins prohibited.
(6) Medical or dental clinics. Three spaces for
It shall be unlawful to deposit, store, keep or each examination or treatment room plus
maintain or to permit to be deposited,stored,kept one space for each employee.
or maintained, a donation bin in or on any lot, (7) Mortuaries. One space for each five seats
parcel or tract of land in any zoning district. As or seating places,exclusive of areas needed
used in this section, "donation bin" shall mean for ambulances.
any unattended container, receptacle or similar
device that is located on any property within the (8) Nursing or convalescent homes and sani-
city used for the solicitation, collection and stor- tariums. One space for each four patient
age of donations of clothing or other salvageable beds plus one space for each employee on
personal property. This term does not include the largest work shift.
recycle bins for the collection of recyclable mate-
Cross references—Requirements for landscape appear-
rials. ance and maintenance,§34-99;buildings and building regu-
Lie (Ord. No. 13 2012, § 2, 9-18-12) lations,ch. 82.
Supp.No. 21 CD110:71
§ 110-491 CAPE CANAVERAL CODE
(9) Commercial, office and professional build- (d) Required offstreet parking areas for seven
ings, excluding medical and dental din- or more automobiles shall have individual spaces
ics. One space for each 300 square feet of marked and shall be so designed,maintained and
gross floor area. regulated that no parking or maneuvering shall
be on any landscaped buffer,public street,walk or
(10) Public buildings. One space for each five alley and so that any automobile may be parked
seats or seating places or one space for and unparked without moving another, allowing,
every 150 square feet of floor area in the however,a driveway of not more than 24 feet total
main assembly room,whichever is greater. on any street or alley for ingress or egress to the
(11) Residential uses, including single-family, offstreet parking area.
two-family and multiple family dwellings (e) Parking spaces, access drives and aisles,
and mobile homes. Two spaces for each and dumpster areas are permitted within set-
living unit. backs.
(12) Colleges, technical and vocational schools. (Code 1981, § 641.01(B); Ord. No. 04-2011, § 2,
One space for each student and faculty 6-21-11)
member.
Sec. 110-493. Access.
(13) Hotels and motels. One space for each
sleeping unit plus one space for 12 sleep- (a) In order to promote the safety of the motor-
ing units for employee parking. ist and the pedestrian and to minimize traffic
(14) Assisted living facilities. One space for congestion and conflict by reducing the magni-
each employee on the largest working tude of and the points of contact, the following
shift plus two spaces for every three units. shall apply:
(15) All other uses. To be determined by the (1) A point of access (a driveway or other
building official, who shall use the ratios opening for vehicles onto a public street)
established in this section as a standard shall not exceed 24 feet in width, except
for determining the requirements. as otherwise provided in this division.
(Code 1981, § 641.01(A); Ord. No. 17-2010, § 2, (2) The maximum number of points of access
11-16-10) permitted onto any one street shall be as
follows:
Sec. 110-492. Location of spaces.
Lot Width Number of Points
(a) Parking spaces for all residential uses shall Abutting Street of Access
be located on the same property as the main Less than 125 feet 1
building, except that one-half the total number of Over 125 feet 2
required spaces for multiple-family dwellings,town-
houses and mobile homes may be located in a provided; however, that a residential lot
common parking facility not more than 200 feet of less than 125 feet may have a circle
distant from the nearest boundary of the site. driveway with two points of access pro-
vided that it comply with the other terms
(b) Parking spaces for other uses shall be pro- and conditions of this section.
vided on the same lot or not more than 500 feet
distant. (3) Joint use access between abutting proper-
ties is encouraged and there may be per-
(c) Parking requirements for two or more uses mitted a single joint use point of access up
of the same or different types may be satisfied by to 35 feet in width. Service stations shall
the allocation of the required number of spaces for be permitted two openings not to exceed
each use in a common parking facility. 35 feet each in width along any abutting
Supp.No. 21 CD110:72
ZONING § 110-522
L11100e
public street, provided that such property property so as not to hinder the movement of
abuts such street for a distance of not less vehicles and pedestrians over a sidewalk, street
than 120 feet. or alley.
(4) There shall be a minimum distance of 30 (Code 1981, § 641.03(A))
feet between any two openings onto the Sec. 110-507. Location and dimensions of
same street.
space.
(5) No point of access shall be allowed within Each offstreet loading space shall have direct
30 feet of the intersection of the right-of-
access to an alley or street and shall have the
way lines of any public street. following minimum dimensions:
(6) No curbs shall be cut or altered and no (1) Length, 45 feet.
point of access or opening for vehicles onto
a public street shall be established with- (2) Width, 12 feet.
out a permit issued by the building de- (3) Height, 14 feet.
partment. (Code 1981, § 641.03(B))
(7) In lieu of any two openings permitted on
any one street, there may be permitted a Secs. 110-508-110-520. Reserved.
single point of access up to 35 feet in
width when the property frontage is in DIVISION 4. HOME OCCUPATIONS*
excess of 200 feet.
(b) Projects for which a site plan is required, Sec. 110-521. Permitted home occupations.
Liere' such as plaza developments, compound uses and Customary home occupations which are inti
shopping centers, shall be considered on an indi—
vidual basis and may deviate from this section in allowed in any district which permits home occu-
the interest of traffic safety, upon recommenda- pations.
tion by the planning and zoning board. (Code 1981, § 641.07)
(c) One-family, two-family and three-family Sec. 110-522. Requirements.
dwelling units shall be exempt from this section.
(Code 1981,§641.01(C);Ord.No.3-96,§ 1,3-5-96; (a) Home occupations are permitted within the
Ord. No. 26-96, § 1, 1-14-97) confines of any dwelling unit,provided all restric-
tions of this section are complied with.
Secs. 110-494-110-505. Reserved. (b) The primary use of the building shall re-
main residential, and the operator of the home
DIVISION 3. OFFSTREET LOADING occupation shall remain a resident thereof.
(c) No structural additions, enlargements or
Sec. 110-506. Requirements. exterior alterations changing the residential ap-
(a) Every permitted use requiring the receipt pearance to a business or commercial appearance
or distribution by vehicles of materials or mer shall be permitted.
chandise and having a floor area of 10,000 square (d) No home occupation shall occupy an area
feet or more shall have at least one permanently greater than 25 percent of the first floor area of
maintained offstreet loading space for each 10,000 the dwelling unit, exclusive of the area of any
square feet or fraction thereof of gross floor area. open porch or attached garage or similar space
(b) Single occupancy retail operations, whole- not suited or intended for occupancy as living
quarters. No rooms which have been constructed
sale operations and industrial operations with a
gross floor area of less than 10,000 square feet *Cross reference—Occupational license tax, 70-66 et
shall provide sufficient receiving space on the seq.
Supp.No. 21 CD110:73
§ 110-522 CAPE CANAVERAL CODE
as an addition to the residence or any attached unit. No home occupation shall interfere with the
garage or porch which has been converted into reasonable enjoyment of adjoining or nearby dwell-
living quarters shall be considered as floor area ing units or properties.
until two years after the date of completion thereof. (Code 1981, § 641.09)
(e) No additional and separate entrance incon Sec. 110-523. Local business tax receipt re-
gruent with the residential structural design shall quired.
be constructed for the purpose of conducting the
home occupation. Permitted home occupations shall comply with
(f) The home occupation shall be conducted the city local business tax levied pursuant to
entirely within the dwelling unit used as the section 70-66 et seq.
residence. (Code 1981, § 641.11; Ord. No. 02-2007, § 9,
2-20-07)
(g) For single-family,duplex or townhouse struc-
tures, no display of goods or external evidence of Secs. 110-524-110-535. Reserved.
the home occupation shall be permitted other
than one nonilluminated nameplate, not exceed-
ing two square feet in area, which may be dis—
played affixed flat against the exterior surface at
a position not more than two feet distant from the Sec. 110-536. Building setback lines.
main entrance of the dwelling unit concerned.For
structures housing multifamily or mixed uses, no (a) The following shall be the minimum build
external evidence of the home occupation shall be ing setback lines along the listed roads:
permitted. (1) Highway AlA (portions known as North
(h) No provision for offstreet parking or load- Atlantic Avenue and Astronaut Boule
ing facilities, other than the requirements of the vard). Setback, each side, from the north
district in which the use is located, shall be ern city boundary to the southern city
permitted. Occupations which generate greater boundary shall be 50 feet from the high
volumes of traffic than would normally be ex way right-of-way.
pected in a residential neighborhood are prohib- (2) North Atlantic Avenue (that portion of
ited. North Atlantic Avenue also known as Palm
Avenue and S.R. 401). Setback, each side,
(i) No stock in trade or commodities, other
from its intersection with Monroe Avenue
than those prepared, produced or created on the
to the northern city boundary shall be 50
premises by the operator of the home occupation, feet from the right-of-way.
shall be kept or sold on the premises.
(3) Ridgewood Avenue. Setback, each side,
(j) No motor power other than electric motors from the southern city boundary to the
shall be used in conjunction with a home occupa- northern city boundary of Ridgewood Av-
tion. The total horsepower of such motors shall enue shall be 25 feet from the right-of-
not exceed three horsepower or one horsepower way
for any single motor.
(b) On the Atlantic Ocean, the setback shall
(k) No equipment or process shall be used in a comply with the coastal construction setback. See
home occupation which creates noise, vibration, section 82-81 et seq.
glare, fumes or odors, detectable to the normal
senses off the lot. No equipment or process shall (c) In determining the setback requirements
be used which creates visual or audible interfer- for any building proposed to be erected, the set-
ence in any radio or television receiver or causes back requirements in this section shall be con-
fluctuation in line voltage outside the dwelling strued as a minimum setback, and if a greater
Supp. No. 21 CD110:74
ZONING § 110-551
44200,
setback is required under any of the zoning dis- (6) Fences,walls and hedges shall be permit-
tricts such greater setback requirements shall be ted in the required setback,subject to this
enforced. chapter.
(Code 1981, § 641.17)
Cross reference—Building code,§82-31 et seq. (7) Open,enclosed porches,platforms or paved
terraces not covered by a roof or a canopy
Sec. 110-537. Erection of more than one prin- and which do not extend above the level of
cipal structure on lot. the first floor of the building may extend
or project into the required setback.
(a) In any district, except R-1, more than one
structure housing a permitted or permissible prin-
cipal use may be erected on a single lot, provided conformance with chapter 94 pertaining
that this division and other requirements of this to signs.
chapter shall be met for each structure. (9) Roof overhangs (eaves) may project not
(b) The distance between buildings shall be as over two feet into a required setback.
follows: (10) Air conditioner units may project not over
(1) Twenty feet for first two stories; five feet into a required rear setback.
(2) Twenty-five feet for first three stories; (11) Emergency pad-mounted generators as
provided for in section 110-484.
(3) Thirty feet for first four stories; and
(12) Conveyor systems may be located within
(4) Two additional feet for each story above
setbacks in the M-1 light industrial and
four. research and development district by spe-
(Code 1981, § 641.19) cial exception, for purposes of moving
aggregate and other materials.
Sec. 110-538. Encroachments. (Code 1981, § 641.21; Ord. No. 15-2005, § 2,
Every part of every required setback shall be 9-20-05; Ord. No. 16-2005, § 2, 10-4-05; Ord. No.
open and unobstructed from the ground to the 04 2011, § 2, 6-21-11)
sky,except as follows or as otherwise permitted in
this chapter: Secs. 110-539-110-550. Reserved.
(1) Sills or belt courses may project not over
18 inches into a required setback. DIVISION 6. VEHICLES AND VESSELS*
(2) Movable awnings may project not over
three feet into a required setback. Sec. 110-551. Location of recreational vehi-
cles,camping equipment,boats
(3) Chimneys,fireplaces or pilasters may proj- and boat trailers.
ect not over two feet into a required set-
back. (a) No person shall occupy or reside in any
(4) Fire escapes,stairways and balconies which travel trailer, camper trailer, camper (truck
mounted), motor travel home or tent in any loca-
are unroofed and unenclosed may project tion within the city other than a duly licensed and
not over five feet into a required rear approved trailer park, except as provided in this
setback or not over three feet into a side section.
setback and shall not project into a re-
quired front setback of a multiple dwell- (b) (1) Definitions. For the purpose of this
ing, hotel or motel. section, the following definitions shall ap-
(5) Hoods, canopies or marquees may project Ply unless the context clearly indicates or
not over three feet into a required Set *Cross references—Traffic and vehicles,ch.74;stopping,
Limre' back. standing,parking,§74-56 et seq.
Supp. No. 21 CD110:75
§ 110-551 CAPE CANAVERAL CODE
requires a different meaning, all of which c. In multi-family developments, if
defined terms may be generally referred boats, utility or boat trailers, recre-
to as "vehicles" in this subsection (b). ational vehicles or special purpose
vehicles are allowed to be parked
Boat means any contrivance designed to be pursuant to its organizational docu-
propelled through or upon the water. ments and covenants, then in that
For-hire vehicle shall include recreational event,the parking of boats,utility or
vehicle and special purpose vehicle and have boat trailers,recreational vehicles or
the meaning so set forth in F.S. 320.01, as special purpose vehicles shall be con-
amended. tamed within a special parking facil-
ity.As used herein,a special parking
Multifamily development means the real prop- facility shall consist of at least ten
erty and single structure in which six or more percent additional parking spaces.
dwelling units are located,but does not include Notwithstanding the foregoing, if a
any combination of townhouses. multifamily development amends its
Recreational vehicle means any vehicle or organizational documents or cove
portable structure designed primarily to pro- nants to allow previously prohibited
vide temporary living quarters for recreation, parking of boats,utility or boat trail
camping, travel or similar use; either mounted ers, recreational vehicles or special
on wheels or designed to be mounted upon and purpose vehicles, then in that event,
carried by another vehicle. This definition is a special parking facility shall be
intended to include a travel vehicle, motor added to the existing facilities and
home, camping trailer, camp bus, house bus parking of the foregoing shall be
prohibited until such times as the
and truck camper unit of walk-in capacity. special parking facility is constructed.
Special purpose vehicle means a vehicle es- Nothing contained herein shall be
pecially designed primarily for unusual terrain deemed a waiver by the city of its
and conditions, and not usually licensed for or setback, lot coverage or other zoning
used on the public roads, including, but not regulations in the addition of a spe-
limited to, swamp buggies and tracked vehi- cial parking facility. This subpara-
cies. graph (b)(2)c shall be effective for
multifamily developments for which
Utility trailer means a trailer designed to the building permit for initial con-
transport materials,goods,equipment or boats. struction is issued after the effective
(2) Regulations.The following regulations shall date hereof.
apply to boats, utility trailers, recre- d. All vehicles herein permitted shall
ational vehicles or special purpose vehi- have affixed thereto a currently valid
cies: license tag registered to the vehicle,
shall be parked or stored with wheels
a. In all zoning classifications,no boats, and tires mounted,and shall be main-
utility trailers, recreational vehicles tamed in a movable condition.
or special purpose vehicles shall park e. Except as necessary for repair or
within the right-of-way line abutting maintenance,no boat, utility trailer,
any street. recreational vehicle or special pur-
b. In all zoning classifications,no boats, pose vehicle or structure designed to
utility trailers, recreational vehicles be mounted upon and carried by
or special purpose vehicles shall be another vehicle, shall be used as an
parked any closer than three feet accessory building or connected to
from the exterior of all buildings, any utility or electrical service, ex-
homes or other structures,including cept for temporary connections to
eaves and overhangs. battery charging devices.
Supp.No. 21 CD110:76
ZONING § 110-554
‘1111101
f. The surface of the lot or parcel of or is located in a front yard and
land upon which or above which a under covered parking which shall,
boat, utility trailer, recreational ve- as a minimum, consist of a carport.
hide or special purpose vehicle is
parked shall be paved or shall be (c) Except as provided in subsection (b) above,
maintained in the same manner as in commercial and industrial zones, all boats,
the remainder of the lot or parcel of utility trailers, recreational vehicles and special
land and there shall not be permit- purpose vehicles shall be parked in the parking
ted upon such surface a growth of areas designated in sections 110-491 through 110-
weeds, undergrowth or lawn which 493.
exceeds the height of the immedi- (Code 1981, §641.33;Ord.No.20-94, § 1,9-20-94;
Ord. No. 14-99, § 1, 11-16-99)
ately surrounding landscape.
g. On a corner lot in any district, no Sec. 110-552. Living aboard boats.
boats, utility trailers, recreational Any boat moored or parked within 100 feet of
vehicles or special purpose vehicles the shoreline within the city limits shall not be
shall be parked or placed in the used as a residence for a period exceeding 15
triangular area bounded on two sides days, unless certification is given to the building
by the street right-of-way lines, and official that any discharge from the boat meets
on the third side by a straight line applicable federal regulations.
drawn between two points on the (Code 1981, § 641.35)
street right-of-way line located 25
feet from the point of the intersec- Sec. 110-553. Living or residing in boats,util-
tion of the street right-of-way lines. ity trailers, recreational vehi-
h. No for hire vehicle,commercially reg cles and special purpose vehi-
istered vehicle and no other manner cles.
of conveyance not contemplated No person or persons shall reside in or occupy
herein shall be parked in any R-1, with the intent of using as shelter any boat,
R-2 or R-3 zone, nor shall any boat, utility trailer, recreational vehicle, special pur-
utility trailer,recreational vehicle or pose vehicle or other automotive vehicles, such as
special purpose vehicle be parked in an automobile,truck,bus or the like in the city for
any R-1, R-2 or R-3 zone other than a period in excess of 24 hours, with the exception
as provided herein.This section shall of recreational vehicles in an approved and per-
not be construed to prohibit parking mitted site used for recreational vehicles.
of automobiles, pickup trucks and (Code 1981, §641.36;Ord.No.20-94,§2,9-20-94)
minivans.
i. Boats, utility trailers, recreational Sec. 110-554. Parking and storage of certain
vehicles and special purpose vehi- vehicles.
cles, or any combination thereof, (a) Boats, utility trailers, recreational vehi-
parked in unison or in tandem in des,special purpose vehicles,automotive vehicles
excess of 30 feet in length shall not or trailers of any kind or type without current
be allowed to be parked or stored in license plates shall not be stored on any residen-
the R-1 and R-2 zoning classifica- tially-zoned property, other than in completely
tions of the city, unless the boat, enclosed buildings.
utility trailer, recreational vehicle,
special purpose vehicle or combina- (b) Construction trailers located on a construc-
tion is located in a rear yard, side tion site may be used as an office or a work or
Live yard or any setback abutting a street security trailer. Use of these trailers as living
and is fenced or screened from view quarters is expressly prohibited. In each case and
Supp.No. 21 CD110:77
§ 110-554 CAPE CANAVERAL CODE
J
for every trailer, temporary permits shall be re- (4) That a continuous,densely planted,green-
quired. The temporary permits shall be limited to belt of not less than 15 feet in width,
90 days with 90-day extensions permitted,subject penetrated only at points approved by the
to the need thereof as determined by the building Cape Canaveral Planning and Zoning
official. No temporary trailer permit shall be Board, under site plan approval, for in-
issued prior to issuance of a construction permit. gress and egress to the property, shall be
(Code 1981, § 641.37; Ord. No. 24-92, § 1(641.37), provided along all property lines abutting
1-5-93; Ord. No. 20-94, § 3, 9-20-94) public rights-of-way or properties zoned
residential. Said greenbelt shall be in
conformance with the requirements of sec-
Sec. 110-555. Paving of vehicular use areas. tion 110-566 et seq. of the City Code, as
All commercial and industrial areas used for may be amended from time to time.Where
the display or parking of any and all types of a wall or fence is to be used as screening,
vehicles, boats or heavy construction equipment as may be provided within this Code, the
and all land upon which vehicles traverse the greenbelt will be located between the prop
property as a function of the primary use, includ erty line and the wall or fence such that
greenbelt is adjacent to the bordering
ing but not limited to drives,parking, service and property;
display areas, shall be paved.
(Code 1981, § 641.49) (5) Outside areas where the motor vehicles
are to be displayed or stored shall be
paved and striped in accordance with the
Sec. 110-556. Vehicle rental facility. city's off-street parking regulations;
(a) Definition of vehicle rental facility. Vehicle (6) All ingress and egress points to abutting
rental facilities shall be defined as commercial streets shall be marked clearly and placed
not closer than 150 feet apart on the same
establishments where motor vehicles are kept street and shall not be placed so as to
and maintained for lease,where such vehicles are endanger pedestrian traffic;
dropped off or picked up and where customers (7) Servicing or repair of vehicles is prohib
complete all transactions necessary for the short ited except within a fully enclosed strut
term lease of such vehicle. ture;
(b) Limitations on vehicle rental facilities. Sub- (8) All outdoor paging or speaker systems are
sequent to March 4, 2003,vehicle rental facilities expressly prohibited; and
may only be permitted by special exception in C-1 (9) The hours of operation for such facility
and C-2 zoning districts subject to the general shall be limited to 7:00 a.m. to 9:00 p.m.
conditions for special exceptions and the following daily.
minimum requirements: (Ord. No. 02-2003, § 3, 3-4-03)
Secs. 110-557-110-565. Reserved.
(1) A vehicle rental facility shall not be lo-
cated within one-third of a mile from an
existing vehicle rental facility, as defined
under this section. For the purposes of
this subsection, all measurements of dis-
tances shall be along a straight line from
the closest property boundary of the ex-
isting use to the closest property bound-
ary of the proposed use;
(2) Minimum lot area for facilities shall be
12,000 square feet;
(3) Minimum lot width for facilities shall be
100 feet;
Supp.No. 21 CD110:78
ZONING § 110-567
LI119'
DIVISION 7. LANDSCAPING AND tolerance designation (+). Otherwise, the owner
VEGETATION* or developer must provide documentation from a
recognized knowledgeable person, as defined in
Sec. 110-566. Landscaping and screening be- section 102-36,that his choice of vegetation has a
tween commercial or indus- good chance of thriving or meets state require-
trial zoning districts and resi- ments for low water need (xeriscape).
dential zoning districts.
(d) Where a fence or wall is used to fulfill the
(a) Whenever the boundaries of a commercial screening requirements within a vegetative buf-
or industrial zoning district and a residential fer, it shall be located one foot inside of the
zoning district abut, a visual screen shall be property line of the property which is developing
provided within the required setbacks of the prop- or redeveloping.When a drainage easement,ditch
erty which is developing or redeveloping. or water body runs along a property line, an
(b) Such visual screen shall: administrative waiver may be granted by the
building official to allow the masonry wall or fence
(1) Be provided along the entire length of the to be placed along the edge of the ditch or water
boundary separating the commercial or body, instead of on the property line. Where
industrial zoning district from the resi- existing trees exist within the buffer area, the
dential zoning district. fence or wall shall be located so as to preserve the
(2) Consist of decorative or ornamental fenc- trees.
ing or shrubs designed and placed in a (Code 1981, § 641.43; Ord. No. 1 92, § 1, 1-21-92;
manner rendering such visual screen den- Ord. No. 03-2003, § 2, 8-19-03; Ord. No. 05 2005,
sity of at least 80 percent within a period § 3, 4-19-05)
L of two years after such screen is provided. n
Sec. 110-567. Interior landscaping(3) Be not less than four or more than eight offstreet parking areas. for
feet in height, except as provided in sec-
tion 110-470. (a) Offstreet parking areas in C-1, C-2, M-1
and R-3 districts shall have internal and perime-
(4) Have a minimum of one ten-point tree ter landscaping as follows:
value as defined in section 110-567 which
shall be planted every 35 feet with at least (1) Parking areas with ten or fewer spaces
two five-point trees on the minimum 50- shall have at least one ten-point tree for
foot C-1 lot and three five-point trees on every five spaces or fraction thereof planted
the minimum 75-foot M-1 lot. within the interior of the parking lot.
(5) Be serviced by a functional underground (2) Parking areas with 11 or more spaces
sprinkler system adequate to maintain shall have at least one five-point tree for
such landscaping. every five spaces or fraction thereof inter-
(6) Be properly maintained and replaced if spersed throughout the parking area. In
for any reason it does not survive. addition,one ten-point tree shall be placed
at the end of each row where internal
(7) Be protected from vehicular encroach- curbing would be placed, even though
ment. internal curbing may not be required.
However, trees must be protected from
(c) All areas not paved or with other landscap-
vehicular encroachment.
ing, as designated in this section or in section
110-567,shall be planted with grass,hardy shrubs, (3) Subsections(a)(1)and(2)may be satisfied
evergreen or other ground cover materials, as by cluster plantings, at the discretion of
specified in section 102-52, having the cold- the building official.
LIMOI *Cross references—Environment, ch. 34; requirements (4) Parking areas in the C 1, C-2 and M-1
for landscape appearance and maintenance, §34-99. districts and parking areas in the R-3
Supp.No. 21 CD110:79
§ 110-567 CAPE CANAVERAL CODE
districts that contain 16 or more parking Florida
spaces shall be planted to a width of at Fancy Florida#1
least two feet of the entire perimeter Points Tree Points
facing the public right-of-way, except for 10 Large and medium species, ten 7
esS and egress and sidewalks. The feet tall with greater than three-
ingress gT inch diameter (dbh) and two-foot
perimeter shall be planted with decora- spread
tive shrubs and bushes not less than 5 Small species, six feet tall with 4
two-to three-inch diameter(dbh)
three feet in height to form a visual screen minimum and two-foot spread
with a density of at least 80 percent 5 Cabbage palms, minimum height 4
within two years of planting. Perimeters six feet(overall)
5 Non-native palms, minimum 4
facing such public right-of-way shall, in height three feet(overall)
addition,have five tree value points planted
every 35 feet with at least ten tree values (c) Only trees listed in section 102-52 having
on a minimum 50-foot C-1 lot, and 15 tree the cold tolerance designation (+) shall be consid-
values on the minimum 75-foot C-2 or R-3 ered for use in meeting landscaping requirements
lot unless a greater restriction is other- for C-1, M-1 and R-3 zones. Further, if the plant-
wise provided for in this chapter. ing is in an area subjected to salt air, the B
(barrier island)designation shall be present,which
(5) No trees shall be planted that will ob- meets the state requirement to tolerate xeric
struct visibility at intersections or points conditions. Otherwise, documentation must be
of ingress and egress to streets. See sec- presented as provided in section 110-566(d).
tion 110-469. The perimeter footage de- (Code 1981, § 641.44; Ord. No. 1-92, § 2, 1-21-92;
fined in section 110-469 and ingress and Ord. No. 28-94, § 1, 7-19-94; Ord. No. 14-98, § 1,
egress shall not be used to calculate land- 9-15-98; Ord. No. 03-2003, § 2, 8-19-03; Ord. No.
scaping of perimeters. 05-2005, § 3, 4-19-05)
(6) Every effort shall be made to build, pave
or otherwise construct around existing Sec. 110-568. Reserved.
trees of value. Editor's note—Ord. No. 05-2005, § 3, adopted April 19,
2005,deleted section 110-568,which pertained to preservation
(7) Each landscaped area, both within the of trees in all districts and derived from Code 1981,§641.59.
interior parking area and around the pe-
rimeter, shall be served by a functioning Secs. 110-569-110-580. Reserved.
underground sprinkler system adequate
to maintain all landscaping.
DIVISION 8. SWIMMING POOLS*
(8) All landscaping specified in this subsec-
tion shall be properly maintained and Sec. 110-581. Construction and location.
replaced if for any reason it does not
survive. (a) Swimming pools shall be installed to city
(9) The value of the landscaping for the in- requirements, and a city permit shall be required
ternal parking areas and their perimeter, and approved by the building department prior to
as well as all additional external landscap construction or installation (placement).
ing for other areas on the site, will not be (b) Swimming pools may be built within the
less than one percent of the total cost of principal structure if it is determined through
the project, including land acquisition, or analysis by a certified engineer that such construc-
three percent of the project, excluding tion shall not be harmful to the principal struc-
land acquisition, whichever is greater. ture. At the discretion of the building official,
engineering may be required when the vertical
(b) Tree value points referred to in subsection
Fall of the pool (water's
(a) of this section shall be grade Florida Fancy or edge) is located within
Florida #1 and will have the following values: *Cross reference—Swimming pool code,§82-246 et seq. J
Supp.No. 21 CD110:80
ZONING § 110-585
five feet of the foundation system supporting the Sec. 110-584. Minimum setbacks.
principal structure. Engineering may also be re-
quired on all premanufactured or prefabricated (a) The minimum setbacks for swimming pools,
pools which do not bear product approval from an enclosures and accessories shall be as follows and
accredited testing agency. shall be in compliance with the electrical code as
adopted in Chapter 82 of the City of Code of
(c) Swimming pools which are open and unen Ordinances:
closed may occupy a required rear or interior side (1) Front, 25 feet (see subsection (b) of this
yard setback,provided they are not located closer section).
than five feet to a rear lot line or eight feet to an
interior side lot line. (2) Side (interior lot line), eight feet.
(3) Side (corner lot line), 25 feet; on all non-
(d) Commercial swimming pools are prohib- conforming lots of record 15 feet (see
ited in residential districts. subsection (b) of this section.)
(e) Swimming pools shall not occupy a re- (4) Rear, five feet (see subsection (c) of this
quired front or corner side yard setback. section).
(b) See section 110-536 for special setbacks.
(f) Swimming pools may not be constructed
prior to the construction of the principal building. (c) In no event shall a swimming pool, screen
enclosure or accessory feature be located within
(g) For the purposes of this section, neither 15 feet of a property line that abuts and runs
pools nor screened enclosures are considered struc- parallel to a public street.
tures for the sole purpose of determining lot (Code 1981, § 641.47(D); Ord. No. 16-98, § 3,
coverage. Pools and screen enclosures shall meet 5-5-98)
the setback requirements as stipulated elsewhere
in this chapter.
ARTICLE X. A1A ECONOMIC
(h) For the purposes of this section, neither OPPORTUNITY OVERLAY DISTRICT
pools nor screened enclosures are considered struc-
tures for the purpose of determining lot coverage. DIVISION 1. GENERALLY
Pools and screened enclosures are not permitted
in the setback area. Sec. 110-585. Introduction.
(Code 1981, § 641.47(A); Ord. No. 16-98, § 1,
5-5-98) (1) The AlA Economic Opportunity Overlay
District (EOOD) provides guidelines and stan-
Sec. 110-582. Swimming pool barriers. dards for public and private development projects
in commercially zoned areas along AlA. Consis-
Swimming pool barriers shall be required pur-
suant to F.S. ch. 515, and the Florida Building Visioning, the EOOD is developed to promote
Code, as adopted by chapter 82 of this code. hospitality related commercial development that
(Code 1981, § 641.47(B); Ord. No. 16-98, § 2, capitalizes on the economic benefits of Port Ca-
5-5-98; Ord. No. 06-2007, § 4, 10-16-07) naveral; provide guidance and direction in the
design of new buildings and rehabilitation of
existing buildings and storefronts in order to
Sec. 110-583. Accessories. improve their appearance, enhance the corridor's
Swimming pool accessories, such as ladders identity and promote the pedestrian environment
slides, pumps and similar items, shall not en of the District.
croach into a required yard setback beyond the (2) All projects within the boundaries of the
limits specified for swimming pools. AlA EOOD shall comply with the following De-
(Code 1981, § 641.47(C)) sign Guidelines and Development Standards.These
Supp.No. 21 CD110:81
§ 110-585 CAPE CANAVERAL CODE
requirements have the overall goal of encourag- the underlying zoning district regulations and
ing compact, pedestrian-oriented developments other regulations contained in this Code which
and attractive public outdoor spaces. The EOOD shall also remain applicable to the AlA EOOD.
is designed to create a unique identity for the AlA The AlA EOOD Design Guidelines and Develop-
Corridor with a distinct sense of place while ment Standards of this Article will govern devel-
attracting new businesses and customers, and opment and redevelopment within the AlA EOOD
providing for the comfort,convenience,and safety and will control where conflicts between regula-
of workers, residents and shoppers. tions occur.
(3) The AlA EOOD Design Guidelines and (Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
Development Standards set forth in this Article
shall be in addition to and not in substitution of
Sec. 110-586. Boundary and organization.
The boundaries of the AlA EOOD are shown on Figure 1. The AlA EOOD primarily consists of
properties zoned for commercial, office, and industrial uses which abut or are in close proximity to AlA
from the city limits on the north to Canaveral River area on the south.
LEGEND
ZONING
v • 1 Ri
4
R2 N
R3 w±E
District --
Boundary __
Boundary
Figure 1. Economic Overlay District Boundary Map
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
Sec. 110-587. Applicability. Canaveral on the north to the Canaveral River
(1) The AlA Economic Opportunity Overlay area on the south. This approximately one-mile
District (EOOD) is an approximately one-mile corridor is intersected by Central Boulevard which
commercial corridor, generally recognized as ex- generally runs east-west.
tending from the entrance to the City of Cape
Supp.No.21 CD110:82
ZONING § 110-589
(2) The area of the district along AlA is in- Sec. 110-588. Purpose.
tended to serve as the main gateway into the City
of Cape Canaveral. The area of the district along The purpose of these design guidelines and
Central Boulevard is intended to serve as the standards are to provide flexibility in the uses
main street to the City of Cape Canaveral's Town and design requirements for the AlA EOOD,
Center and as a transition between the land use, while setting minimum design standards to facil
circulation, and streetscape along AlA and the itate quality development. These standards will
Town Center.This District is intended to have the guide future development and redevelopment
most intense commercial and residential uses. within the City of Cape Canaveral so that it
The EOOD is meant to provide a lively and creates more vital commercial cores and corri-
attractive interface between the proposed Town dors, protects adjacent residential neighborhoods
and neighborhood commercial centers, promotes
Center and the adjacent residential communities, the use of quality building materials, enhances
while maintaining a primarily commercial street the streetscape on all public streets, and contin-
frontage along AlA and Central Boulevard. ues to improve the image and pride in the city.
(3) The streets will have a retail/commercial (Ord. No. 11 2012, § 2(Exh.A), 7-17-12)
service atmosphere with small or large neighbor Sec. 110-589. Goals.
hood stores at street level and apartments or
offices on upper floors. The retail composition of The AlA Economic Opportunity Overlay Dis-
the district shall include stores,personal services, trict(EOOD)provides design guidelines and stan-
hotels, cultural facilities, hospitals, clinics, phar- dards which are intended to promote and enhance
macies, convenience stores with gas, high tech the identity of the district. Specifically, the goals
Lime manufacturing, entertainment, and eating estab- the EOOD are:
lishments including rooftop restaurants that serve
the EOOD as well as stores, eating establish- (1) To create attractive, functional, and last-
ments, and business services (printing, account- ing buildings and places.
ing,etc.)that serve the other businesses and office (2) To encourage the design,construction and
users in the area. Residential uses shall be lim-
operation of buildings and places that are
ited to upper floors along AlA and Central Bou-
levard within the Economic Opportunity Overlay environmentally responsible, sustainable
and healthy places to live,work, and play.
District.
(3) To promote development and redevelop-
(4) The main street component of the district ment that preserves and enhances the
is intended to provide a mixed-use, pedestrian- physical appearance of the corridor and
oriented focus for the proposed Town Center,with contributes to the district's unique sense
land uses serving Town Center residents and of place.
visitors. This district provides the City of Cape
Canaveral with a small-town style walkable cen- (4) To encourage the use of quality materials
ter that is convenient, useful, safe and attractive in development and redevelopment.
for pedestrians and lively, yet relaxed. Small (5) To encourage development that adds to a
scale retail and other commercial uses shall oc pedestrian friendly retail environment and
cupy as much of the ground floor frontages along contributes to the safety and comfort of
Central Boulevard as the market will bear.Upper both pedestrian and automobile traffic.
floors shall be office or residential along these two
main streets. This district also shall provide the (6) To provide direction in site planning and
potential for continuum-of-care developments such to ensure a high degree of design quality
as independent, assisted living and skilled care in development within the AlA EOOD
Lore facilities. through the use of Design Guidelines and
(Ord. No. 11 2012, § 2(Exh. A), 7-17-12) Standards.
Supp.No. 21 CD110:83
§ 110-589 CAPE CANAVERAL CODE
(7) To enhance and protect the commercial portunities to insert options for increased
corridors and primary entrances into the street-level pedestrian activity along AlA.
City of Cape Canaveral. Through building orientation,circulation,
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12) storefront design and landscaping, devel-
opment can further promote the principle
Sec. 110-590. Objectives. of safe pedestrian activity.
(1) The design guidelines and standards are (3) Pedestrian orientation: Pedestrian orien-
intended to address the built environment within tation can be achieved through storefront
the City of Cape Canaveral and to recognize ornamentation, reduction of blank sur-
aesthetic design as an integral part of the plan- faces, building articulation, proportion,
ping and development process. rhythm,color,and texture.Guidelines and
(2) The guidelines and standards are intended Standards based upon this principle ad
to ensure that the appearance of new develop- dress wall surfaces, windows, awnings,
ment, infill development, and redevelopment is signage, and architectural treatments.
representative of the City of Cape Canaveral's (4) Safety: Public safety is critical to the
Community Vision. success of a commercial district. Public
(3) The guidelines and standards will enable safety in this case refers not only to safety
development to occur in a manner that is not only from criminal activity, but also creating
beneficial and worthwhile for the developers and an environment in which pedestrian and
property owners, but the development will also automobile traffic can safely coexist. The
have a positive impact on the surrounding prop- design and development of commercial
erties, neighborhoods, citizens, and the entire centers and the public open space adja
city. cent to them shall include considerations
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12) of public safety. Public safety issues can
be addressed through site planning con-
Sec. 110-591. Design principles. siderations such as the location of parking
lots, lighting, signage and landscaping.
The AlA Economic Opportunity Overlay Dis-
trict (EOOD) is based upon a set of design prin- (5) Simplicity: Design Guidelines and Stan-
ciples. These principles are: dards for the AlA Economic Opportunity
Overlay District shall provide for public
(1) Consistency: The AlA Commercial corri- convenience by clearly identifying the na-
dor features a mixture of development ture of the business and communicating
types including office buildings,hotels and points of ingress and egress for pedestrian
convention facilities,strip-commercial cen- and automobile traffic. These issues can
ters, neighborhood-serving retail, night- be addressed through architectural treat-
time entertainment uses, attractions, and ments as well as through site planning
restaurants. Design of these structures considerations such as the location of park-
has been influenced by use, age, and site ing lots, lighting, signage and landscap-
dimensions. Within the context of these ing.
constraints,developments can achieve the (Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
principle of consistency through selection
of colors,exterior surface materials,scale,
rhythm,proportions,landscaping and sign Sec. 110-592. Definitions.
programs. The following words and phrases, whenever
(2) Activity: Active street life, which can be used in this article, shall be construed as defined
enhanced by design considerations, is a in this section. Words and phrases not defined
major component of thriving pedestrian herein shall be construed as defined in section
commercial districts. There are many op- 110-1 of this Code. J
Supp.No. 21 CD110:84
ZONING § 110-592
Accent color:A contrasting color used to empha- Curtain wall:A non-structural building façade
size architectural elements. or outer covering which does not carry any dead
load from the building except its own load.
Architectural bay: The area enclosed by the
storefront cornice above,piers on the side and the Entablature: The superstructure of moldings
sidewalk at the bottom. and bands which lie horizontally above a column.
Attraction and destination uses: A land use Façade: The front of a building or any of its
which by its nature generates high volumes of sides facing a public way or space.
multimodal transportation activity which may
originate outside of the city limits and may in- Floor area ratio (FAR): A measurement of the
dude but not limited to theme parks, activity intensity of building development on a site. The
centers, and town centers. floor area ratio is the relationship between the
gross floor area on a site and the gross land area.
Awning: A roof-like cover, fixed or capable of The FAR is calculated by adding together the
being raised or lowered, made of fire resistant gross floor areas of all buildings on the site and
cloth, wood, metal or plastic with or without a dividing by the gross land area.
metal frame, which protrudes from a building
facade as a roof-like structure and is supported Florida Friendly Landscaping: Quality land
entirely by the building without the use of ground stapes that conserve water, protect the environ
supports. ment, are adaptable to local conditions, and are
drought tolerant.The principles of such landscap-
Awning sign:Any sign located on the valance of ing include planting the right plant in the right
a shelter supported entirely from the exterior place,efficient watering,appropriate fertilization,
wall of a building which extends over a building mulching, attraction of wildlife, responsible man-
feature such as a door or window or a landscape/ agement of yard pests, recycling yard waste,
site feature such as a patio,deck or courtyard and reduction of storm water runoff, and waterfront
which is constructed of fabric. protection. Additional components include prac-
tices such as landscape planning and design, soil
Bright paint:Paint containing"fluorescent dye analysis, the appropriate use of solid waste corn-
of pigment which absorbs UV radiation and re- post, minimizing the use of irrigation, and proper
emits light of a violet or bluish hue used to maintenance.
increase the luminance factor and to remove the
yellowishness or white or off-white materials." Frieze: Ornamental architectural horizontal
(Coatings Encyclopedic Dictionary) band that runs above doorways and windows or
below the cornice.
Canopy: A projecting horizontal architectural
element, other than an awning, made of fire- Ground floor: The lowest story within a build-
resistant cloth, wood, metal or plastic with or ing which, for the purpose of identifying street-
without metal or wood frames, attached or de- level pedestrian activity, is the first 15 feet mea-
tached and supported, in part, or entirely, by the sured vertically and accessible to the street, the
ground. floor level or which is within three feet above or
below curb level and is parallel to or primarily
Cast stone: A refined architectural concrete facing any public street
building unit manufactured to simulate natural
cut stone, used in masonry applications. Hanging sign:A type of sign which is similar to
projecting signs except that they are suspended
Color palette:A color scheme that incorporates below a marquee or under a canopy,making them
related colors of complimentary hues and shades. generally smaller than projecting signs.
Cornice: The uppermost horizontal architec- High technology: High-technology uses include
Lirof tural band of moldings along the top of a wall or but are not limited to the manufacture, machin-
just below a roof. ing, maintenance, repair, and testing of equip-
Supp.No. 21 CD110:85
§ 110-592 CAPE CANAVERAL CODE
ment and products that support the aerospace, unless expressly provided for in an Economic
automotive, aviation, naval, and military indus- Opportunity Overlay District established pursu-
tries. ant to this article.
Mixed-use development: A type of development Projecting sign:A type of sign which is attached
which may include one building, set of buildings, to a building face and projects out perpendicu-
or defined project area for more than one purpose larly to the building wall by more than 18 inches
and may include any combination of uses,but not and is effective when oriented to pedestrians.
limited to residential, retail shops, eating estab-
lishments including rooftop restaurants, profes- Shared parking: Shared parking is a tool by
sional offices, industrial, and civic uses. which adjacent land uses that have different
Muntin: A strip of wood or metal separating parking demand patterns may reduce the com-
and holding panes of glass in a window. bined parking requirements for each use and use
the same parking spaces/areas throughout the
Parapet: A low wall along the edge of a roof. day.
Pedestrian sign: A type of sign which is at- Stepback: A stepback is a setback located on
tached to a wall or to the underside of an awning, the upper floors of a building, typically to reduce
architectural canopy or marquee with one or two the bulk of a building or to provide outdoor floor
faces perpendicular to the face of the building space.
which identifies a use of service exclusively or
primarily by symbol. Street wall: The wall of façades created in a
Planned Development (PD): A designed devel- pedestrian oriented district when stores are built
to the front yard and side yard setback.
opment where the regulations of the underlying
zone in which the development is situated are Stucco: A coarse plaster composed of Portland
waived to allow flexibility and creative initiative or masonry cement,sand and hydrated lime mixed
in site,building design and location in accordance with water and applied in a plastic state to form a
with the approved plan and imposed general hard covering for exterior walls.
requirements.
Port of call facility:A tourist-related use with a Wall sign: A type of sign which is attached to
range of uses which may include, but is not the face of a building wall which shall not project
limited to commercial parking, transportation more than 18 inches and may include channel
transfer facility, vehicle rental, taxi service, re- panels or letters made out of wood, metal, or
tail,restaurants visitor/information center,provi—
sion for hotel, and other tourist support services. Water efficient landscaping: Landscaping that
Primary color: One to three base colors chosen maximizes the conservation of water, via the
to dominate a color scheme. This definition does application of one or more of the principles of
not relate to the color value or hue. Florida Friendly Landscaping.
Project: The erection, construction, major corn- Window sign: A type of illuminated or non-
mercial additions, or major exterior alteration of illuminated sign which consists of individual let-
any building or structure, including, but not lim- ters and/or logos painted,posted,displayed,etched
ited to monument signs located in an Economic or otherwise placed on the interior or exterior
Opportunity Overlay District. A project does not surface of the window and intended to be viewed
include construction that consists solely of (1) from the outside.
interior remodeling, interior rehabilitation or re- (Ord. No. 11-2012, § 2(Exh. A), 7-17-12)
pair work; or(2)a residential building on a parcel
or lot which is developed entirely as residential
use and consists of three or fewer dwelling units, Secs. 110-593-110-603. Reserved.
Supp.No. 21 CD110:86
ZONING § 110-609
L
DIVISION 2. ADMINISTRATION tion work on a project, until the building eleva-
tions, site plans and other documents required by
Sec. 110-604. Intent. section 22-44 of this Code have been submitted to
the planning and development department and
All projects, as defined in the AlA Economic approved according to the procedures in article III
Opportunity Overlay District, shall be reviewed of chapter 22 of this Code.
for compliance with this article prior to being (Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
issued a building permit.
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12) Sec. 110-607. Plan submittals.
Sec. 110-605. General. A design compatibility approval shall also in-
clude the site plan criteria set forth in section
The planning official shall have the authority 110-222 of this Code.
to render interpretations of this code, to adopt (Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
policies and procedures in order to clarify the
application of its provisions. Such interpreta- Sec. 110-608. Nonconforming uses, struc-
tions, policies and procedures shall be in compli- tures and buildings.
ance with the intent or purpose of this Code.
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) Those legally existing uses, structures and
buildings that do not comply with the AlA EOOD
Sec. 110-606. Procedures for design compat- Design Guidelines and Standards of this article at
ibility approvals. the time of its adoption shall be deemed noncon-
forming and shall be governed by article V of
No building permit will be issued for any chapter 110 of this Code.
project, and no person will perform any construc- (Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
Sec. 110-609. Use matrix.
The AlA Economic Opportunity Overlay District is intended to serve as both the main gateway area
into the city as well as the main street to the city's proposed Town Center.The district will have the most
intense commercial intensity along AlA and there will be a transition between the land use, circulation,
and streetscape along Central Boulevard. The following land use matrix (Table 1) identifies the uses
which are permitted by right (P), permitted by a special exception (SE), or not allowed (NA).
Table 1. Land Use Matrix
Uses (not a complete listing)* C-1 C-2 M-1
Retail
Personal Services P P SE1
Hotels and Motels P P1 SE1
Banks P P SE1
Assisted Living Facility SE SE1 NA
Pharmacies2 P P NA
Flex space (office, showroom, warehouse)2 SE SE P
Convenience store w/gas2 SE SE P
High tech/light manufacturing2 SE P P
Warehousing2 NA SE P
Off-site cruise ship parking accessory to hotels and SE SE SE
motels2
Commercial Parking Facility (minimum lot size of 5 NA NA SE
Lime acres)
Supp. No. 21 CD110:87
§ 110-609 CAPE CANAVERAL CODE
J
Table 1. Land Use Matrix
Uses (not a complete listing)* C-1 C-2 M-1
Port of Call Facility (Permitted pursuant to a Develop- P (w/DA) P (w/DA) P (w/DA)
ment Agreement (DA))"
Attraction and Destination uses' PD PD PD
Mixed Use Development uses (i.e. Town Center)" PD PD PD
"Added use.
2 Use included to clarify intent of code.
* Uses not specifically listed may be approved as a Planned Development (PD).
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
Sec. 110-610. Similar and compatible uses. ings shall promote continuity of the historic con-
text of buildings (as shown in historic documen-
Any use not specifically listed may be autho- tation)in relationship to the existing pattern and
rized by the city council as a planned development scale of streets,sidewalks and parking.The guide-
on a caseby case basis. lines and standards below reinforce the existing
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12)
historic development patterns (as shown in his-
toric documentation) and provide a site planning
Secs. 110-611-110-620. Reserved. framework for both infill developments and reha-
bilitation and revitalization of existing buildings.
DIVISION 3. SITE PLANNING (Ord. No. 11-2012, § 2(Exh. A), 7-17-12)
"...101)
Sec. 110-621. Intent. Sec. 110-622. LEED or LEED equivalent de-
sign.
(1) Site planning involves the proper place-
ment and orientation of structures, structure (1) Intent: LEED (Leadership in Energy and
height, development acreage, open spaces, park- Environmental Design) is a national consensus-
ing and pedestrian and vehicular circulation on a based, market-driven building rating system de-
given site. The purpose of good site design is to veloped by the U.S. Green Building Council to
create a functional and attractive development,to encourage the development and implementation
minimize adverse impacts, and to ensure that a of green building practices. This rating system is
project will be an asset to the community. incorporated in the categories of site, water, en-
ergy,materials,and air quality.The city desires to
(2) Proper site planning shall promote har- encourage, where practical, the use of LEED or a
mony between new and existing buildings and LEED equivalent rating system in the design of
shall be sensitive to the scale, form, height, and projects within the AlA Economic Opportunity
proportion of surrounding development. Good de- Overlay District (EOOD).
sign with complementary landscaping is a major
component in creating vibrant commercial areas (2) Categories: The following LEED or LEED
that foster a pleasant and desirable character, equivalent categories shall be considered in the
pedestrian activity, and economic vitality. Factors design of projects within the district to the max-
such as the size and massing of buildings, the imum extent practical.
orientation of storefronts, and circulation greatly
influence the quality of the pedestrian experience. a. Sustainable Sites (SS). The project shall
include consideration of erosion and sed-
(3) Within the AlA Economic Opportunity Over- imentation control; optimum site selec-
lay District, site planning and design of new tion which avoids areas such as wetlands,
buildings and the rehabilitation of existing build- floodplains, etc.; siting projects to pro-
Supp. No. 21 CD110:88
ZONING § 110-624
mote urban redevelopment or use of Sec. 110-623. Building orientation.
brownfield sites; alternative transporta-
tion options; reduced site disturbance; in- (1) Buildings shall be oriented towards AlA
novative stormwater management;reduc- and Central Boulevard as well as adjacent cross-
tion of heat islands;and reduction of light streets in order to encourage pedestrian activity
pollution. along the sidewalks of AlA and Central Boule-
b. Water Efficiency (WE). The project shall yard and to facilitate pedestrian access to and
incorporate water-efficient landscaping as from the sidewalk to adjacent properties.
described in section 110-592; innovative
wastewater technologies; and potable wa- a. Projects with rear lot lines abutting a
ter use reduction,to the maximum extent street, alley, or parking lot shall incorpo-
practical. rate pedestrian entrances at the rear lot
c. Energy and Atmosphere (EA). All projects line in addition to those on AlA and
shall optimize energy performance; uti Central Boulevard.
lize renewable energy or energy credits, (Ord. No. 11 2012, § 2(Exh. A), 7-17-12)
where feasible; and reduce or eliminate
the use of CFCs (chlorofluorocarbons), Sec. 110-624. Building height.
HCFSs (hydrochlorofluorocarbons) and
Halons.
d. Materials and Resources (MR). All prof (1) Building height shall be correlated to the
scale of the street along which it faces and shall
ects shall, to the maximum extent practi encourage a comfortable pedestrian-oriented en-
cal during new construction or redevelop- vironment.
Lod ment, incorporate recycling and salvage
of construction materials; use local mate a. The standard building height for projects
rials (within 500 miles); use rapidly re- within the EOOD shall be up to four
newable materials;and use certified wood. stories or 45 feet.
e. Indoor Environmental Quality (IEQ). All
projects shall comply with the Florida b. Increased building heights above four sto-
Clean Indoor Air Act (FICAA), where ap- ries or 45 feet may be considered up to six
propriate to prohibit smoking indoors; in- stories or 65 feet, if height mitigation
crease building ventilation effectiveness; measures such as a building stepback(as
meet or exceed the SMACNA(Sheet Metal illustrated in Figure 2) or setback are
and Air Conditioning Contractor's Na- proposed and approved by the community
tional Association)guidelines for occupied appearance board.
buildings;conduct minimum building flush
out at 100 percent outside air prior to c. Increased building heights above 65 feet
occupancy; encourage use of low-emitting may be considered pursuant to a Planned
materials which meet or exceed the VOC Development (PD) approved by the city
(volatile organic compound) limits; maxi- council on a case-by-case basis.
mize indoor pollutant source control to
minimize cross-contamination of occupied d. Any single-story structure in which the
areas; provide operable windows and in- floor to ceiling height exceeds 15 feet or
dividual air controls,where practical;and the exterior façade height exceeds 25 feet,
maximize use of daylight and views. shall be designed to appear like a multi-
f. Innovation in Design (ID). Encourage the story structure.Exceptions to this require-
use of a LEED Accredited Professional ment may be reviewed and considered for
(LEED AP) or LEED equivalent profes- approval by the community appearance
Chire sional participant on the project. board based pursuant to requirements of
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) this article.
Supp.No. 21 CD110:89
§ 110-624 CAPE CANAVERAL CODE
Sec. 110-627. Lot coverage.
(1) Buildings and accessory structures shall be
sized to maximize the efficient use of the lot.
a. Lot coverage (as defined in section 110-1)
shall be no more than 80 percent of the
developable land area provided the set-
back,stormwater and landscaping require-
__ ments are met.
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
Figure 2. Building Height Sec. 110-628. On-site circulation.
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) (1) Provide easy sidewalk access for pedestri-
ans by locating vehicle access and loading areas
Sec. 110-625. Building setback. where there will be minimal physical or visual
impact on pedestrians, the flow of traffic, and/or
(1) Buildings shall be setback from the right- adjacent uses.
of-way a sufficient distance to encourage pedes-
trian activity. a. All vehicular entrances shall,to the max-
imum extent possible, be located off of a
a. Building setback along AlA shall be a side street or an alley in order to mini-
minimum of 15 feet. mize pedestrian and vehicular conflicts.
b. Building setback along all other streets b. Walkways for pedestrian access shall be .-(4)
shall be a minimum of ten feet. provided between parking areas and the
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) project.
c. Passenger loading zones located on the
Sec. 110-626. Project size. street shall not impede foot traffic or side-
(1) All uses within a project shall be sized to walks.
provide sufficient building setback and to encour- d. Parking lots and structures shall be de-
age a pedestrian-oriented environment. signed to provide safe pedestrian circula-
a. All uses shall have a minimum lot size tion between parked vehicles and the pri
consistent with the area required to meet mary building through the use of clearly
the building setback, lot coverage and marked pedestrian walkways, stop signs,
development standards of the underlying speed bumps, lighting, or other similar
measures.
zoning district. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
b. There shall be no minimum lot size for
hotel development within the AlA Eco- Sec. 110-629. Utility and service areas.
nomic Opportunity Overlay District.How-
ever, there shall be a minimum of 150 (1) Utilities, storage areas, mechanical equip-
units that must be constructed at the ment, fire alarms, sprinklers and other service
same time. areas shall be located so that they are not visible
from the public right-of-way.
c. Building setback, lot coverage and devel-
a. Storage areas and mechanical equipment
opments that are inconsistent with these installed as part of a new project shall be
requirements may be approved pursuant placed to the rear of the site.
to a planned development (PD) approved
by the city council on a case-by-case basis. b. Utilities shall be constructed and in-
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) stalled underground per section 110-482.
Supp.No. 21 CD110:90
ZONING § 110-644
4C)
c. Roof-top equipment shall be screened from (ground level), body(upper architecture) and cap
view on all sides by an appropriate archi- (parapet,entablature or roofline),as illustrated in
tectural treatment such as a parapet wall Figure 3.
or other architectural feature.
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
Secs. 110-630-110-640. Reserved.
DIVISION 4. ARCHITECTURAL
GUIDELINES
Sec. 110-641. Intent.
The architectural elements used in the design
of new buildings shall create and/or maintain
continuity of the street wall and facade. New
building façades shall employ architectural ele-
ments that provide gradual or compatible transi-
tions between existing and new buildings. Such
elements include continuity of scale,rhythm,pro- Figure 3. Building Articulation
portion, massing and design,windows and trans a. The incorporation of expressed architec
parency,façade treatment,building material,color, tural bays shall be encouraged to break
access,and open space which collectively serve as up large unbroken surfaces along the street
logical evolutions of the existing character of the wall.
street.This does not mean that identical architec-
tural styles shall be duplicated from neighbor- b. All projects shall provide horizontal archi-
hood buildings. Rather, continuity shall be main- tectural treatments and/or façade articu-
tained through a consistency in proportion and lations such as cornices, friezes, balco-
character of defining elements of existing façades nies,piers,awnings,pedestrian amenities,
or repetition of other architectural features. or other features for the first 15 feet of
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) building height, measured vertically at
street level.
Sec. 110-642. Similar and compatible design c. Projects with 60 linear feet or more of
Any architectural design elements which are building frontage shall provide vertical
not specifically listed or which are inconsistent architectural treatments and/or façade ar
with these code requirements may be approved by ticulations such as columns, pilasters,in-
the community appearance board on a case-by dentations,storefront bays,windows,land
case basis. scaping,or other feature at least every 30
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) feet on center. The vertical break shall be
at least 24 to 36 inches in width.
Sec. 110-643. Articulation. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
(1) Reduce the monotony of large buildings by Sec. 110-644. Building continuity.
breaking architectural elements into smaller pe-
destrian scale components or through use of var-
ied materials, textures or colors, trim, roof lines, building design and continuity, as well as the
canopies and awnings in order to provide varia pedestrian experience.
(11110) tion and visual interest. Façades shall be orga- Buildings shall be generally designed to
nized into three major components, the base maintain a continuous street wall along
Supp.No.21 CD110:91
§110-644 CAPE CANAVERAL CODE
the length of a block except to accommo- Sec. 110-646. Proportion.
date building articulation pursuant to sec-
tion 110-643. (1) Maintain ground level pedestrian scale with
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) traditional storefront facade components and pro-
portions to provide a consistent pattern of archi-
Sec. 110-645. Scale. tectural detailing, including the use of decorative
elements, changes in rooflines and windows, and
(1) Maintain human scale of building that en- changes in building materials and color.
hances the pedestrian experience at the ground
floor of commercial areas.
0
A
Figure 5. Building Proportion
a. The frontage of buildings shall be divided
Figure 4. Building Scale in architecturally distinct sections of no
more than 60 feet in width with each
a. Facades shall incorporate a minimum of section taller than it is wide.
two continuous details refined to the scale
of 12 inches or less within the first 15 feet b. Windows and storefront glazing shall be
of the building wall, measured vertically divided to be either square or vertical in
at the street level,as illustrated in Figure proportion so that each section is taller
4. than it is wide, as illustrated in Figure 5.
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) c. Vertical and horizontal design elements,
including columns, pilasters, and cor-
nices, shall be defined at both the ground
level and upper levels to break up the
mass of buildings.
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
Sec. 110-647. Rhythm.
(1) Solid blank walls shall be avoided through
the use of facade modulation or other repetitive
architectural detailing to maintain visual organi-
zation of the building's facade.
Supp.No.21 CD110:92
CZONING § 110-650
d. Doors shall be comprised of non-tinted
clear glass, which is free of temporary
signage and/or other types of materials
that may obstruct visibility.
/ (Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
,.eating Roof
Mass Sec. 110-649. Roof lines.
J
(1) Design new buildings to achieve consis-
tency by creating continuity between the heights
of adjacent roofs, parapets, and cornices, where
possible.
a. Roof lines shall be designed to reflect a
distinct style(such as)a relatively consis-
tent horizontal cornice with a dominant
vertical architectural element to meet the
roof line;or 2)a collage effect with clearly
juxtaposed roof lines that have a repeti-
tive element.
Figure 6. Facade Rhythm
b. Severe roof pitches that create prominent
a. A minimum of one significant detail or out-of-scale building elements shall be
Coti massing component shall be repeated no avoided.
less than three times along each applica- (Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
ble elevation, as illustrated in Figure 6.
b. The scale of the chosen element shall Sec. 110-650. Exterior surface materials.
relate to the scale of the structure.
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) (1) Select high quality, human-scale building
materials to reduce building mass, create visual
Sec. 110-648. Entry treatment. interest, and complement the community vision
(1) Construct a dominant entryway to rein- for architectural style of the AlA EOOD.
force the character of the building, add visual a. The base of a building(the first two to five
interest, break up the monotony of flat surfaces, feet above the sidewalks) shall be differ-
add a vertical element to break up the façade of entiated from the rest of the building
the building and create an inviting entrance.
façade with treatments such as change in
a. A dominant entryway fronting a public material and/or color.
street that is differentiated from the build-
ing façade and provides a distinctive use b. The exterior façade of buildings shall in-
of architectural treatments, materials, or corporate no less than two building mate-
special lighting shall be constructed. rials including but not limited to tile,
b. Buildings constructed on a corner shall brick, stucco, cast stone, stone, formed
place the dominant entry on the corner at concrete or other high quality, long last-
a diagonal. The use of a curvilinear ele- ing masonry material over a minimum 75
ment for this entryway is strongly encour- percent of the surface area (excluding
windows, doors and curtain walls.) The
aged. remainder of the wall area may incorpo-
c. Building entries shall be illuminated at rate other materials.
Li night. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
ISupp.No. 21 CD110:93
I
§ 110-651 CAPE CANAVERAL CODE
Sec. 110-651. Windows and transparency. d. All ground level windows shall provide
direct views to the building's interior or to
(1) Add visual interest and create a feeling of a lit display area extending a minimum of
openness by incorporating windows with architec- three feet behind the window.
tural defining features such as window frames,
sashes, muntins, glazing, paneled or decorated e. Ground level windows shall extend above
jambs and moldings. a minimum 18 to 24 inch base.
f. A continuous curtain wall of glass which
exceeds 30 feet in width and 15 feet in
height without intervening vertical and
horizontal breaks of at least 24 to 36
inches, shall be prohibited.
g. Street facing, ground floor windows shall
be comprised of non-tinted, clear glass.
h. Windows on the upper levels of buildings
may be comprised of tinted glass to reduce
glare and unnecessary reflection.
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
x ,
Sec. 110-652. Storefronts.
Figure 7. Windows & Transparency (1) Promote an active pedestrian district by
incorporating attractive and functional store-
a. A minimum percentage of transparency fronts into new construction.
along a street or primary travel way for a. Multiple tenants with storefronts within
different levels of non-residential uses shall a single building shall be architecturally
be achieved as follows: consistent, but defined and separated
1. Ground level retail: 25% of surface through structural bays, horizontal lin-
area minimum; tels, vertical piers or other architectural
features up to 30-foot intervals.
2. Ground level office or other commer-
cial uses: 15% of surface area mini- b. Individual storefronts shall not be used
mum; for storage or left empty without window
displays.
3. Ground level of commercial use over (Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
25,000 SF: 10% of surface area min-
imum; and
4. Upper levels of all uses: 15% of sur-
face area minimum.
b. Transparency of the ground level shall be
calculated within the first 15 feet of the
building wall,measured vertically at street
level, as illustrated in Figure 7.
c. In cases where a building has more than
two facades fronting a street or primary
travel way,the transparency requirement
shall only be required on two facades
based on pedestrian traffic and vehicular
visibility.
(1)
Supp.No.21 CD110:94
ZONING § 110-654
‘11001
Sec. 110-653. Color.
(1) Use a color palette which complements adjacent buildings and promotes a consistent color scheme
on the site.
1
3 '
PRIMARY COLORS 1 Primary Color 1 2 Primary Color 2 3 Primary Color 3
2
ACCENT COLORS 1 Accent Color 1 2 Accent Color 2
Figure 8. Building Color
a. A maximum of three primary colors for each building segment may be proposed with a maximum
of two accent colors, as illustrated in Figure 8.
b. Bright or intense colors shall not be utilized for large areas unless consistent with the historical
context of the area as shown in historic documentation.
c. Bright colors on architectural detailing,trim,window sashes,doors and frames,or awnings may
be used if they are consistent with the historical context of the area as shown in historic
documentation.
d. All vents, gutters, down spouts, etc., shall be painted to match the color of the adjacent surface,
unless being used expressly as trim or an accent element.
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
Sec. 110-654. Awnings and canopies. must be durable and fade resistant and
(1) Add awnings or canopies to provide varia- maintained in good condition and re-
tion to simple storefront designs in order to estab- placed periodically.
lish a horizontal rhythm between structures where
none exists and add color to a storefront. c. Canopies and awnings that span an en-
a. The size, scale and color of the awnings tire building are discouraged. The careful
shall be compatible with the rest of the spacing of awnings that highlight certain
building and shall be designed as an inte- features of a storefront or entryway is
gral part of the building architecture. encouraged.
b. Awnings and canopies shall be constructed (Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
of high quality,substantial materials which
Supp.No. 21 CD110:95
§ 110-655 CAPE CANAVERAL CODE
Sec. 110-655. Ground floor lighting. Secs. 110-657-110-667. Reserved.
(1) Incorporate lighting into the design not
only to accentuate architectural features, but to DIVISION 5. PARKING
provide a safe environment for pedestrian activ-
ity. Sec. 110-668. Intent.
a. Lighting shall be shielded to prevent glare The location and design of parking lots and
to adjacent properties. buildings in a development is critical in promot-
b. Intense lighting which is used solely for ing safety for pedestrians and minimizing conflict
advertising purposes shall not be used. with vehicles. Parking structures and areas shall
form an integral part of the project and be well
c. Buildings shall be highlighted through landscaped, so as not to detract from the pedes-
"up" lights or accent lights placed on the trian experience and maintain visual interest.
facade. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
d. Neon lighting shall not be used to outline
a building except when it is integral to the Sec. 110-669. Surface parking.
architectural design of the structure,such (1) Locate surface parking in the rear or side of
as the instance of Art Deco or other his- buildings and provide pedestrian access from the
torically and architecturally appropriate parking to the building and street.
design elements.
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) a. A surface parking lot adjacent to a public
street shall conform to the landscape re-
Sec. 110-656. Utilities and stormwater man- quirements detailed in division 6 of this
agement area screening. article.
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
(1) Screen or enclose existing utilities, storage
areas, mechanical equipment, fire alarms, sprin- Sec. 110-670. Shared parking.
klers and other service areas with attractive
landscaping or architectural barriers. (1) Shared parking is encouraged within the
district so as to provide an option to reduce the
a. Screen or enclose rooftop mechanical equip- amount of land needed for parking and create
ment by materials that are architectur- opportunities for more compact development,more
ally integrated with the building. space for pedestrian circulation, or more open
b. Locate enclosed trash/recycling contain- space and landscaping. Shared parking may be
ers at the rear where they are not visible approved administratively on a case-by-case basis
to the public. by the development review committee.
c. Trash/recycling storage bins shall be lo- a. Shared parking in commercial areas in
cated within a gated, covered enclosure the district shall be encouraged as part of
constructed of materials identical to the the development review process.
exterior wall of the building and screened b. Shared parking must be located on the
with landscaping, so as not to be viewed same block as the land uses they are
from the public right-of-way. intended to serve or on opposite sides of
(2) When fencing is required around on-site an alley.
stormwater management areas (retention/deten- c. As part of the approval process,the devel-
tion ponds) which are located in front of the oper shall demonstrate that the two land
building's primary façade and along a street or uses have differing peak-hour demand, or
primary travel way, it shall be decorative fencing that the total parking demand at any one
and shall not be chain-link fencing. time would adequately be served by the
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) total number of spaces.
Supp.No. 21 CD110:96
ZONING § 110-684
d. A shared parking agreement between the plan consistent with this section has been
sharing property owners is required in submitted to and approved by the commu-
order to ensure proper functioning of the nity development department.
shared parking arrangement. b. Landscape plans for all projects shall be
(Ord. No. 11 2012, § 2(Exh.A), 7-17-12)
prepared, signed and sealed by a regis-
tered landscape architect.
Sec. 110-671. Parking structures.
c. The landscape plans shall be drawn to a
(1) When a parking structure is included in a scale between one inch equals ten feet,
project, it shall be integrated into the overall and one inch equals 40 feet.
design of a development. (2) The landscape plan shall include notations
a. Parking structures shall be compatible of all elements required by this section or the
with the main building through a consis- information shall be attached to specify compli-
tency in building material, color and ar- ance with this section, and at a minimum, shall
chitectural defining features. include the following.
(Ord. No. 11-2012, § 2(Exh.A), 74742) a. The "limit of work" line for the subject
project to include any adjacent property
Secs. 110-672-110-682. Reserved. trees located up to ten feet beyond the
property line;
DIVISION 6. LANDSCAPING b. All overhead utility lines, transformers,
easements,and underground utilities,side-
walks located within the project, and
Sec. 110-683. Intent. ground or pole signs as defined in chapter
Through the use of a varietyof vegetation such 94 of this Code;
g
as trees, shrubs, ground cover, perennials and c. All existing and proposed light poles, fire
annuals, as well as other materials such as rocks, hydrants, and backflow prevention de-
water,sculpture or paving materials,landscaping vices;
unifies streetscape and provides a positive visual d. Building finished floor elevation(s) and
experience.Landscaping also can emphasize side- building overhang(s);
walk activity by separating vehicle and pedes-
trian traffic, provide shade, define spaces, accen- e. Proposed site grading, including spot ele-
tuate architecture, create inviting spaces and vations, and contour lines at one-foot in-
screen unattractive areas. Also, since water re- tervals;
sources are limited and water restrictions are f. Healthy and viable existing on-site trees
commonplace in East Central Florida, especially and shrubs of a Code-acceptable size, spe-
in the coastal areas, the city is incorporating cies and location that are intended to be
water-efficient landscape standards as a means to preserved and applied toward the require-
help conserve water use for landscaping. ments of this section. Details of the pro-
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) tective barriers and/or other protective
measures to be used for said preservation
Sec. 110-684. Commercial site plan review shall be provided;
(1) All development and redevelopment of real g. Notes indicating that all existing invasive
property, including all structures, whether tern-
porary
em exotic plants, as listed in the Florida
porary or permanent, within the district shall Exotic Pest Plant Council (FLEPPC)
comply with the provisions of this section. Invasive Plant Species List (2011), shall
be removed(any disturbance of a wetland
Livios" a. Construction requiring site plan review area requires compliance with chapter
shall not be permitted until a landscape 106 of this Code.);
Supp.No. 21 CD110:97
§ 110-684 CAPE CANAVERAL CODE
h. A plant schedule which describes all pro- (4) Irrigation: Whenever available,reuse wa-
posed landscape materials,including spec- ter shall be used for irrigation in accor-
ifications as to the species, size, spacing, dance with section 90-176 of this Code.All
opacity, and quantity of plant material; irrigation systems shall conform to the
i. In no case shall a landscape plan incorpo requirements set forth in chapter 91 of
rate the use of prohibited invasive exotic this Code and shall be certified by the
plant species as described in F.S.§581.091 licensed contractor or licensed profes
as may be amended; sional to be in compliance with chapter 91
irrigation system requirements in design.
j. Nothing in this article shall be construed Certification shall include language pro-
to prohibit or be enforced to prohibit any viding that the system shall be installed
property owner from implementing city- in compliance with the chapter 91 irriga-
approved low impact development tech- tion system requirements. This certifica-
niques for stormwater management and tion shall be submitted to the city on the
capture or Florida Friendly Landscaping landscape plan.
on their land; and
(5) As an option, Florida Friendly Landscap-
k. In all cases, a certification from the land- ing principles, as described in F.S.
scape architect stating that the landscape
plan is designed in accordance with this § 373.185(1)(b), as may be amended, may
be utilized for the entire landscape plan.
section.
(Ord. No. 11-2012, § 2(Exh. A), 7-17-12) (6) The landscape plan shall contain certifi-
cation by the registered landscape archi-
Sec. 110-685. Water efficient landscaping. tect that the landscape plan is designed in
The following water-efficient landscaping prin compliance with this Code and the certi-
"No)
ciples shall be considered when designing a land-
scape
shall be submitted to the city as a
scape plan as specified in section 110-684 of this component of the initial submittal of the
Code: commercial site plan. Such certification
shall be stated directly on the landscape
(1) Plant selection: In preparing the land- plan.
scape plan, plant material shall be se- (Ord. No. 11-2012, § 2(Exh. A), 7-17-12)
lected that is best suited to withstand the
growing and soil conditions of coastal ar Sec. 110-686. Screening between commer-
eas. Plant species that are freeze and
cial or industrial zoning dis-
drought tolerant are preferred. tricts or uses and residential
(2) Turf grass: Turf grass areas shall be con- districts or uses.
solidated and limited to those areas on
the site that receive pedestrian traffic, (1) Whenever the boundaries of a commercial
provide for recreational uses, provide soil or industrial zoning district or commercial or
erosion control such as on slopes or in industrial use and a residential zoning district or
swales, where turf grass is used as a residential use abut, a visual screen shall be
design unifier, or other similar practical provided within the required setbacks of the prop-
use. The landscape plan shall label the erty which is developing or redeveloping.
intended use of turf areas.
(2) Such visual screen shall:
(3) Mulch:A layer of organic mulch, installed
to a minimum depth of two inches, shall a. Be provided along the entire length of the
be specified on the landscape plans in boundary separating the commercial or
plant beds and around individual trees in industrial zoning district or commercial
turf grass areas. Mulch shall not be re- or industrial use from the residential zon-
quired in annual beds. ing district or residential use.
Supp.No. 21 CD110:98
LZONING § 110-689
b. Have a minimum of one ten-point tree eas. The rear of the building shall not be
value as defined in section 110-567 which included within the landscaped area un-
shall be planted every 35 feet with at least less it is oriented to a public right-of-way.
two five-point trees on the minimum 50-
foot C-1 or 75-foot C-2 lot or commercial b. This landscaped area shall be equal to 50
use and three five-point trees on the min- percent of the linear length of the building
imum 75-foot M-1 lot or industrial use. base oriented toward the rights-of-way or
parking areas, with a minimum width of
(3) Unless stated otherwise, all other require- four feet.
ments of section 110-566 not listed here, shall
apply. c. At least half of the required landscaped
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) area shall contain landscape material other
than ground cover,with trees provided at
Sec. 110-687. Project perimeter. a ratio of one tree per 200 square feet of
required landscaped area or fraction
(1) To create visual interest and transition on thereof. The distribution of the land-
the perimeter between adjacent properties,a land- scaped areas shall be at the discretion of
scaped area shall be provided between the adja- the owner.
cent properties and the public right-of-way.
a. The landscaped area shall be equal to the d. Building landscaping may be applied to
full linear length of the property and have wards meeting the perimeter landscaping
a minimum depth of five feet. requirement in this section.
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
b. At least 50 percent of the required land-
scaped area shall consist of landscaping Sec. 110-689. Surface parking lots.
Liee capable of achieving a minimum of 30
inches in height, with one medium or (1) Buffer off-street parking adjacent to a pub-
large tree planted for each 25 feet or lic right-of-way or residential buildings with a
fraction thereof of the linear property landscaped barrier.
length, or one small tree or palm tree
planted for each 15 feet or fraction thereof a. Interior landscaping for off-street parking
of the linear property length. shall conform to the requirements of sec-
c. The layout of the required landscaped tion 110-567 of this Code.
area shall be at the discretion of the b. Minimum landscape buffer width be-
owner,such that the required square foot- tween the right-of-way and the parking or
age may be aggregated to provide maxi- vehicular access area along AlA shall be
mum aesthetic value. However, each pe- ten feet and five feet along all other streets.
rimeter requiring landscape must have at
least 50 percent of the required landscape c. A knee wall which is at least 30 inches in
along that perimeter. height is required when an off-street park-
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) ing area is located within 25 feet of the
public right-of-way.
Sec. 110-688. Building landscaping.
d. A continuous landscape berm at an aver-
(1) Landscaping is required at the base of age height of 30 inches from grade may be
buildings to create visual interest and to soften permitted in lieu of a required knee wall.
the contrast of the building and the other vege-
tated areas. e. A knee wall or berm may be fragmented,
staggered, meandering or continuous.
a. Alandscaped area shall be provided around
the base of all buildings oriented toward f. Aknee wall or berm shall not obstruct any
public rights-of-way or public parking ar- safe sight distance triangle.
Supp.No. 21 CD110:99
§ 110-689 CAPE CANAVERAL CODE
J
g. A knee wall shall be compatible with the e. Signs may be constructed of metal, stone,
architectural design, material, and color wood,recycled composite material or other
of the principal building of the project. non-illuminated material.
h. Lighting shall not be used to create an f. Signs made up of channel lettering, hung
attraction, distraction, or commercial away from the face of a building such as a
signage intent to the wall or berm. projecting sign and or signs perpendicular
(Ord. No. 11 2012, § 2(Exh. A), 7-17-12) to the face of a building tend to have a
lighter appearance and are permitted.
g. Neon signs and channel lettering are per-
Secs. 110-690-110-700. Reserved. mitted.
h. Internal illumination shall be used only
DIVISION 7. SIGNAGE for signs composed of individual channel
or neon letters or graphics.
Sec. 110-701. Intent. i. Energy efficient light, such as LED(light-
emitting diode) or other current technol-
The placement, construction, color, font style,
composition of signsogy shall be used throughout all signage
and
graphicp have a collective types.
impact on the appearance of the entire district. The height and width of letters and logos
Therefore, signage shall be integrated with the shall be properly proportioned to the sign
overall design of a building and its surrounding area on which the sign is to be located.
landscape.Signage shall convey a simple straight-
forward message to identify businesses and/or to k. Signs shall be scaled to fit within the
assist pedestrians and vehicular traffic in locating boundaries of a storefront or building it is
their destination. The size, number, location and advertising.
use of signage are further regulated in chapter 94 1. The exposed backs of all signs visible to
of this Code. the public shall be suitably finished and
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) maintained.
m. Projects or buildings containing more than
Sec. 110-702. All signs. one storefront shall have a planned coor-
dinated sign program that provides con-
(1) Design signage which is incorporated into sistency with regard to height,size,shape,
the overall design of a building and complements colors and degree of illumination.
the facade or architectural element on which it is n. The restoration of historic signage as may
placed. be prescribed in recognized preservation
a. All signs shall be maintained in good guidelines and historic documentation is
repair. strongly encouraged.
o. No later than 90 days following the clos-
b. Easy to read signs with a brief simple ing of a business, any related signs shall
message and a limited array of font styles be removed and replaced with blank pan-
are encouraged. els or painted out.
c. Colors shall be selected to contribute to (Ord. No. 11 2012, § 2(Exh.A), 7-17-12)
the legibility and design integrity of a Sec. 110-703. Awning signs.
sign with sufficient contrast between the (1) Develop awning signs that are harmonious
background color and that of the letter or with architectural details of the façade and which
symbol. do not detract from the overall design.
d. Signs shall not dominate or obscure the a. Signage shall be limited to the skirt (va-
architectural elements of building fa- lence) of the awning and shall not be on
cades, roofs or landscaped areas. the awning face.
Supp.No. 21 CD110:100
ZONING § 110-706
b. If illuminated, awning sign illumination c. Sign supports and brackets shall be com-
shall be external. Back-lit, translucent patible with the design and scale of the
signs are prohibited. Lighting shall be sign and the architectural design of the
directed downward and shall not illumi- building. Where appropriate, decorative
nate the awning. iron and wood brackets are encouraged.
c. To avoid having to replace awnings or d. The text, copy, or logo face shall not ex-
paint out previous tenant signs when a ceed 75 percent of the sign face of a
new tenant moves in, the use of replace- projecting sign.
able valances shall be considered. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
d. The shape, design, and color of the aw-
nings shall be carefully designed to coor- Sec. 110-706. Wall signs.
dinate with, and not dominate, the archi-
tectural style of the building. Where (1) Design wall signs to be compatible with the
multiple awnings are used, on the build- architectural context of the AlA EOOD and which
ing, the design and color of the sign aw- improve the overall appearance of the area.
pings shall be consistent.
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) a. Multiple wall signs on a building facade
shall be located in order to maintain a
Sec. 110-704. Pedestrian signs. physical separation between each individ-
ual sign,so it is clear that the sign relates
(1) Develop coordinated pedestrian signage, to a particular store below.
which complements the pedestrian orientation of
the AlA and Central Boulevard Corridor. b. Wall signs shall be mounted on a flat
building surface, and, unless a projection
a. Each business on the ground floor may is an integral design element, shall gen-
have one pedestrian sign, except that cor- erally project as little as possible from the
ner businesses with frontage on both building's face. Wall signs shall not be
streets may have two pedestrian signs. placed over or otherwise obscure architec-
b. Each business that is located on a second tural building features, nor shall they
floor may have a pedestrian sign on the extend sideways beyond the building face
ground level if there is direct exterior or above the highest line of the building to
pedestrian access to the second floor busi which it is attached.
ness space. c. Wall signs shall be located on the upper
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) portion of the storefront, within or just
above the storefront opening. On multiple
Sec. 110-705. Projecting signs. story buildings, the best location for a
(1) Design projecting signs,which are compat wall sign is generally a band or blank
ible with the architectural context of the AlA area between the first and second floors.
EOOD and which improve the overall appearance d. New wall signs in a shopping center that
of the area. does not have an approved sign program
a. Projecting signs shall be hung at a 90- shall be placed consistent with sign loca-
degree angle from the face of the building. tions on adjacent businesses.
b. Appropriate materials include wood,metal, e. For new and remodeled shopping centers,
recycled composite material or other non- a comprehensive sign program for all the
illuminated material with carved or ap- signs in the center shall be developed and
plied lettering, or any other material that approved by the community appearance
(11116.1,' is architecturally compatible with the build- board.
ing to which the sign is attached. (Ord. No. 11-2012, § 2(Exh.A), 7-17-12)
Supp.No. 21 CD110:101
§ 110-707 CAPE CANAVERAL CODE
J
Sec. 110-707. Hanging signs. Concept plan means a generalized plan illus-
trating the assessment and possible suitable de-
(1) Design hanging signs to be suspended be- velopment of a site.
low a marquee or a canopy to help define entries
and identify business names to pedestrians. Construction means the process,usually requir-
ing the professional services of an architect and/or
a. Where overhangs or covered walkways engineer, of building, altering, repairing, improv-
exist, pedestrian oriented hanging signs ing or demolishing any structure or building or
are encouraged. other improvements of any kind to any real prop-
b. Hanging signs can be particularly useful erty.
for storefronts that have multiple ten Construction schedule means a comprehensive
ants. statement demonstrating the type and extent of
c. Hanging signs shall be simple in design development to be completed within the various
and not used to compete with any existing practicable time limits and the order in which
signage at the site, such as wall signs. development is to be undertaken. A construction
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) schedule shall contain an exact description of the
specific buildings, facilities, common open space
Sec. 110-708. Window signs. and other improvements to be developed by the
end of each time period.
Design window signs to complement the facade
of the building and be incorporated into and not Phase means a specified portion of an approved
detract from the overall design. planned development that may be developed as
(Ord. No. 11-2012, § 2(Exh.A), 7-17-12) an independent entity which is delineated in the
approved land use and site/construction plans
Secs. 110-709-110-719. Reserved. and specified within the construction schedule.
Land use plan means the plan approved by the
city council pursuant to this article and on file
ARTICLE XI. PLANNED DEVELOPMENTS with the city which establishes the planned de-
velopment zoning designation on the applicant's
DIVISION 1. GENERALLY property.
Planned development means an area of land
Sec. 110-720. Definitions. developed as a single entity or in approved phases
in conformity with approved land use and site/
The following words, terms and phrases,when
used in this article, shall have the meanings construction plans by a property owner or a
ascribed to them in this section, except where the property owner's authorized agent(s), which is
context clearly indicates a different meaning: comprehensively planned to provide for a variety
of land uses and common open space.
Applicant means the property owner or the Site means the actual physical area to be
property owner's authorized agent seeking to de developed as a planned development, including
velop land as a planned development pursuant to the natural and man-made characteristics of the
this article.
area.
Common open space means a parcel of land or Site/construction plan means a detailed, di-
a combination of land and water within a planned mensional plan at a reproducible scale providing
development designed and intended for the use or information and graphic depiction of all physical
enjoyment of the patrons or residents of the development relationships to occur within a tract
planned development. Common open space shall of a planned development.
be integrated throughout the planned develop-
ment to provide for a linked recreational/open Tract means an area of land delineated within
space system. a phase, which is separate unto itself having a j
Supp. No. 21 CD110:102
ZONING § 110-723
specific legal description of its boundaries.A tract simultaneous review by the city of land
delineates all land uses, such as common open use, site considerations, public needs and
space, recreational area, development areas, and health and safety factors.
all other applicable areas, except single residen- (Ord. No. 11-2012, § 3(Exh. B), 7-17-12)
tial dwelling unit lots.
(Ord. No. 11-2012, § 3(Exh. B), 7-17-12) Sec. 110-722. Permitted uses.
The following uses shall be permitted in a
Sec. 110-721. Purpose and intent. planned development zoning district pursuant to
(a) The intent and purpose of the planned an approved land use plan:
development zoning district are as follows: (1) Planned commercial centers. Complemen-
tary and compatible residential uses, of-
(1) To allow for diversification of uses, struc-
fice uses and industrial uses may be in-
tures, and open space in a manner that is cluded if they are compatibly and
compatible with existing and permitted harmoniously designed into the commer-
land uses on abutting properties. cial center within a planned development
(2) To reduce development and energy costs zoning district.
resulting from a more efficient use of the (2) Planned attraction and destination uses.
land design and network of utilities and Complementary and compatible residen-
streets than would be possible through tial uses may be included, provided that
the application of the conventional zoning their design within the planned develop-
districts. ment zoning district will produce a rea-
(3) To ensure that development will occur sonable living environment.
according to limitations of use, design, (3) Planned mixed-use development uses. Com-
density,height, lot coverage, and phasing plementary and compatible residential uses
that is stipulated on an approved land use may be included, provided that their de-
plan. sign within the planned development zon-
ing district will produce a reasonable liv-
(4) To preserve the natural amenities and ing environment.
environmental assets of the land by en-
couraging innovation in design for the (4) Planned industrial and office parks. Corn-
preservation and improvement of scenic plementary and compatible commercial
and functional open areas. uses may be included if they are properly
integrated into the total industrial or of-
(5) To provide the maximum opportunity for fice park within a planned development
the application of innovative architec- zoning district.
tural design and development concepts in
the creation of aesthetically pleasing liv (5) Other uses. Any other private, public or
ing, shopping and working environments semipublic use that is complementary to,
on properties of adequate size, shape, and and compatible with planned commercial,
location. attraction and destination, mixed-use, of-
fice or industrial developments.
(6) The planned development district is a (Ord. No. 11-2012, § 3(Exh. B), 7-17-12)
flexible zoning district which is intended
to provide an appropriate balance be- Sec. 110-723. Common open space,drainage
tween the intensity of development and systems,and other related com-
the ability to provide adequate support mon facilities.
services and facilities.
(a) In all planned developments, all common
(7) To streamline the procedure for obtaining facilities shall be maintained in perpetuity for
approval of proposed developments through their intended purpose as identified in the ap-
Supp.No. 21 CD110:103
§ 110-723 CAPE CANAVERAL CODE
proved land use plan. One of the following meth- use plan. The deed restrictions shall run with the
ods or a combination of the following methods land and be for the benefit of property owners and
shall be utilized for maintaining common facili- shall contain a prohibition against partition.
ties:
(c) All common open space, as well as public
(1) Public dedication to the city subject to and recreational facilities, shall be specifically
formal acceptance by the city in its sole included in the construction schedule and shall be
discretion. constructed and fully improved by the applicant
(2) Establishment of a nonprofit property own- at an equivalent or greater rate than the construe
ers' association comprised of all persons tion of other structures.
owning property within the planned de (Ord. No. 11-2012, § 3(Exh. B), 7-17-12)
velopment subject to the following:
Sec. 110-724. Physical review.
(A) The applicant shall establish the as-
sociation prior to the sale of any The city shall have the right to evaluate the
parcels or tracts. physical layout, architectural characteristics and
(B) Membership in the association shall amenities of the planned development and to
be mandatory for all property own- suggest changes or modifications designed to cre-
ers within the planned development, ate compatibility and conformity in the variety of
and the association shall not discrim uses within the development to ensure, protect
mate in its members or sharehold and promote the health, safety and general wel-
ers. fare of the property owners of the planned devel-
opment and the residents of the city.
(C) The association shall manage all com- (Ord. No. 11-2012, § 3(Exh. B), 7-17-12)
mon open space and recreational fa-
cilities that are not dedicated to the Sec. 110-725. Building permit.
public; shall provide for the mainte-
nance,administration and operation No building permit for construction within a
of the land and any other land within planned development shall be issued by the city
the planned development not pub- until the site/construction plan has been ap-
licly or privately owned; and shall proved.
secure adequate liability insurance (Ord. No. 11-2012, § 3(Exh. B), 7-17-12)
on the property.
(D) Title to all common open space shall Sec. 110-726. Revocation.
be an undivided fee simple estate to
all property owners. Failure of an applicant to submit a site/
construction plan for the entire development, or
(E) The applicant shall turn over control any phase therein,within five years from the date
of the association in an orderly man- of the city council's approval of a land use plan
ner consistent with Chapter 718,Flor- shall result in the automatic revocation of an
ida Statutes. approved land use plan. Revocation of a land use
(3) Retention of ownership,control and main- plan under this section shall result in the subject
tenance of common facilities by the appli Property reverting to its previous zoning classifi
cant. cation and the ofcial zoning map shall be changed
accordingly to reflect such revocation.In the event
(b) A privately owned common open space shall of revocation, an applicant shall have no further
continue to conform to its intended use and re- development rights and any subsequent applica-
main as expressed in the approved land use plan tion for a planned development shall be subject to
through the inclusion in all deeds of appropriate the land use plan approval requirements of this
restrictions to ensure that the common open space Article.
is permanently preserved according to the land (Ord. No. 11-2012, § 3(Exh. B), 7-17-12) j
Supp.No. 21 CD110:104
ZONING § 110-741
L
Sec. 110-727. Enforcement. (3) Existing or proposed streets abutting the
subject property and other major streets
In addition to any other method of enforce- and intersections within 500 feet of access
ment,the city shall have the power to enforce this points to the subject property.
article by an appropriate suit in equity.
(Ord. No. 11-2012, § 3(Exh. B), 7-17-12) (4) Generalized location map and legal de-
scription, including acreage.
Secs. 110-728110-739. Reserved. (5) Proposed land use types and their loca-
tions (land use or building bubbles are
acceptable).
DIVISION 2. PLANNED DEVELOPMENT
PLANS (6) Gross densities.
(7) Approximate number of residential units.
Sec. 110-740. Application procedures.
(8) Approximate floor area for commercial,
Each application for planned development zon- office or industrial uses.
ing shall be subject to the submittal and review
procedures of this division, which shall include (9) Adjacent zoning.
the submittal and approval of a concept plan,land (10) Anticipated internal major road network.
use plan and site/construction plan consistent
with the provisions set forth herein. (11) Anticipated maximum building height.
(Ord. No. 11 2012, § 3(Exh. B), 7-17-12)
(12) Anticipated phasing schedule.
(11111100' Sec. 110-741. Concept plan. (13) Proposed method of providing:
(a) Concept plan required. Prior to an appli A. Water service (including fire protec
cant's formal submittal of a land use plan for tion).
planned development zoning, the applicant and B. Sewage disposal.
their registered engineer, architect and/or site
planner shall attend a pre-application conference C. Stormwater management.
with the development review committee and such D. Parks/recreation facilities.
other personnel deemed necessary by the plan E. Schools, if applicable.
ning official to determine the feasibility and suit-
ability of the application. This step is required so (c) City review and comment. The development
that the applicant may obtain information and review committee and any other personnel deemed
guidance from city personnel before entering into necessary by the planning official shall conduct a
any binding commitments or incurring substan- preliminary and non-binding review of the con-
tial expenses of site plan preparation. cept plan. Comments and statements made by
city officials as part of the concept plan review are
(b) Concept plan submittal requirements. The non-binding unless memorialized in a written
concept plan shall consist of a generalized sketch agreement approved by the city council. City staff
drawn to scale (the proportion and locations of shall not make a formal recommendation regard-
land uses may be generalized), and which shows ing the proposed project at this time, unless the
or addresses the following: application is accompanied by a written develop-
(1) Boundary of the subject property, identi- ment agreement being proposed by city staff for
fled by a heavy line. the city council's approval, in which case, city
staff shall make a recommendation regarding the
(2) Major natural features located on the application and proposed agreement.This prelim-
(11111009' property such as lakes, streams and con inary and non-binding review shall not be relied
servation areas. upon by the applicant as a final decision and shall
Supp.No. 21 CD110:105
§ 110-741 CAPE CANAVERAL CODE
not be construed in any manner as creating any G. Site data,including tabulation of the
vested right or entitlement for the development of total number of gross acres in the
the subject property. project, the acreage to be devoted to
(Ord. No. 11-2012, § 3(Exh. B), 7-17-12) each of the several types of uses and
the total number of dwelling units,
Sec. 110-742. Land use plan. minimum net living floor area,build-
ing height,non-residential gross floor
(a) Land use plan application. Applicants shall area, non-residential floor area ra-
submit a land use plan application for planned
development zoning to the planning official. The tio, setbacks, open space, and buf
fers.
application shall include the required number of
copies of plans and exhibits as determined by the H. Proposed common open space,includ
planning official and shall contain the name of the ing the proposed improvements and
applicant, site planner, surveyor and/or engineer any complementary structures and
who prepared the land use plan,topographic data the tabulation of the percent of the
map and the name of the proposed planned devel total area devoted to common open
opment. space. Areas qualifying for common
open space shall be specifically des-
(b) Exhibits. The following shall be attached as ignated on the land use plan.
exhibits to the land use plan application: I. Delineation of specific areas desig-
(1) Vicinity map indicating the relationship nated as a proposed phase.
between the planned development and its J. General statement,including graph-
surrounding area, including adjacent ics, indicating proposed corridors of
streets and thoroughfares. drainage and direction,natural drain-
J
(2) Land use plan that shall contain but not age areas,specific areas which are to
be limited to the following information: function as retention lakes or ponds,
A. Proposed name or title of project and anticipated method for accommodat
the name of the engineer, architect, ing runoff(curb and gutter, swales,
other) and treatment methods for
site planner,surveyor and applicant. discharge into area waterways for
B. North arrow, scale of one inch to 200 the site to ensure conformity with
feet or larger,date and legal descrip- natural drainage within the vicinity
tion of the proposed site. area or with the drainage plan estab-
C. Boundaries of tract shown with bear-
ings, distances, closures and bulk- K. General location within the site of
head lines. All existing easements, each land use and the proposed
section lines and all existing streets amount of land for each tract.
and physical features in and adjoin- L. Schematic drawing of the elevation
ing the project and the existing zon- and architectural construction of the
ing. proposed structures.
D. Name and location of adjoining de- M. The proposed method of dedication
velopments and subdivisions. and administration of proposed com-
E. Proposed parks, school sites or other mon open space.
public or private open space, as ap- (3) Topographic data map drawn to a scale of
plicable. 200 feet to one inch or larger by a regis-
F. Vehicular and pedestrian circulation tered surveyor or engineer showing the
systems,including off-street parking following:
and loading areas, driveways and A. The location of existing property lines
access points. both for private property and public
Supp. No. 21 CD110:106
ZONING § 110-742
property, streets, buildings, water- (2) Compatibility within the planned devel-
courses, transmission lines, sewers, opment and relationship with surround-
bridges,culverts and drainpipes,wa- ing neighborhoods and other uses.
ter mains and any public utility ease-
ments. (3) Prevention of erosion and degrading of
surrounding areas.
B. Wooded areas, streams, lakes,
marshes and any physical conditions (4) Provision for future public education (if
affecting the site. required), recreation facilities, transpor-
C. Existing contours based on U.S.coast tation,water supply,sewage disposal,sur-
and geodetic data with a contour face drainage, flood control and soil con-
interval of two feet and proposed servation, as shown in the land use plan.
finished elevations. (5) The nature, intent and compatibility of
(c) Development review committee review.Within common open space, including the pro-
14 days of receipt of a complete application, the posed method for the maintenance and
development review committee shall formally re- conservation of the common open space.
view the proposed land use plan for planned
development zoning to determine the feasibility (6) The feasibility and compatibility of the
and suitability of the plan, and shall provide specified phases contained in the land use
written comments and recommendations to the plan to exist as an independent develop
applicant. The applicant shall be given an oppor- ment.
tunity to review,respond to and make any changes (7) The availability and adequacy of water
deemed appropriate to conform to the comments and sewer service to support the proposed
and recommendations of the development review planned development.
L committee.
(d) Recommendation to planning and zoning (8) The availability and adequacy of primary
board. Following applicant's resubmittal, if any, streets and thoroughfares to support traf
the development review committee shall issue a fic to be generated within the proposed
written recommendation to the planning and zon planned development.
ing board to approve, approve with conditions, or (9) The benefits within the proposed develop-
to deny the land use plan application. A copy of ment and to the general public to justify
the recommendation shall be sent to the applicant the requested departure from the stan-
prior to the planning and zoning board public dard land use requirements inherent in a
hearing. The planning official shall schedule the planned development zoning district.
application for a public hearing before the plan- (10) The conformity and compatibility of the
ning and zoning board during its next available planned development with any adopted
regular meeting. development plan of the city.
(e) Planning and zoning board review. Upon
receipt of the development review committee's (11) The conformity and compatibility of the
written recommendation, the planning and zon proposed common open space and land
ing board shall conduct a public hearing to review uses within the proposed planned devel
the application and shall issue a written recom- opment.
mendation to the city council to approve, approve (f) City council review. Upon receiving the rec-
with conditions, or to deny the land use plan ommendation of the planning and zoning board,
application.The planning and zoning board's rec- the city council shall, at a regularly scheduled
ommendation shall be based on consideration of public hearing, review the application and the
the following criteria: recommendation of the planning and zoning board
(1) Degree of departure of proposed planned and shall either approve, approve with condi-
development from surrounding areas in tions, or deny the land use plan application.
Limre terms of character, density, and intensity Approval of the land use plan application indi-
of use. cates approval of the planned development zoning
Supp.No.21 CD110:107
§ 110-742 CAPE CANAVERAL CODE
designation on the subject property. The city (3) Submittal. The site/construction plan ap-
council's decision shall be based on consideration plication shall be submitted to the plan-
of the criteria set forth in subsection (e) herein. ning official and shall be accompanied by
the following:
(g) Recordation of land use plan and planned
development zoning designation. Upon the city a. Site/construction plan reflecting and
council's approval of any land use plan pursuant including the information set forth
to this section, the city's official zoning map shall in section 110-222 of this Code.
be revised to reflect a planned development zon- b. A legal description of the planned
ing designation on the subject property.Any such development boundaries.
approval shall become a binding condition on the c. A construction schedule,which shall
use of the land encompassed by the land use plan contain the following information:
under the applicable planned development zoning A. The order of construction of the
district regulations. A copy of the land use plan tracts as delineated in the
and required exhibits shall be maintained on file phases of the land use plan.
with the city clerk as a permanent record.
(Ord. No. 11-2012, § 3(Exh. B), 7-17-12) B. The proposed schedule for the
construction and improvement
of common open space with the
Sec. 110-743. Site/construction plan. phase, including any comple-
mentary structures.
(a) Time limits. An applicant shall have five
years from the date of the city council's approval d. Deed restriction proposals, consis-
of any land use plan for planned development tent with the requirements of this
zoning in which to file a site/construction plan article, to preserve the character of
application for the entire property or any phase the common open space. The deed
thereof. At the request of the applicant and for restrictions shall include a prohibi-
good cause shown,the city council may extend the tion against partition by any prop-
period required for filing the application for a erty owner.
time certain.Any such request shall be submitted e. If the applicant elects to use a non-
to the planning official in writing prior to the profit association to administer com-
expiration of the five years. mon open space, the proposed by-
laws of the association or the
(b) Application and reuiew procedure.
certificate of incorporation and the
(1) Generally. Site/construction plan applica corporate bylaws of the nonprofit cor-
tions submitted pursuant to this article poration shall be submitted for ap
shall be subject to the general site plan proval by the city.
submittal and review procedures set forth f. Instruments dedicating all rights-of-
in article VI of this chapter. The require- way,easements and other public lands
ments and procedures set forth in this shown on the site/construction plan
section shall be supplemental and in ad- from all persons having any interest
dition to the provisions of article VI. in the land.
(2) Pre-application conference. Prior to the g A bill of sale, conveying to the appli
commencement of formal site/construc cable authority water and sewer util-
tion plan review pursuant to this section ity lines, mains, lift stations and
and article VI of this chapter, the appli- other personal property required to
cant shall meet with the development be installed by this division.
review committee to discuss the basic h. Instruments demonstrating that all
site/construction plan requirements out- necessary off-site easements or ded-
lined in this division. ications have been acquired. In lieu
Supp. No. 21 CD110:108
ZONING § 110-754
L$01
of originals, certified true copies will any separately identified parcel or tract of
be accepted with the recording infor- land within the boundaries of the site!
mation from the public records of the construction plan not designated as corn-
county included thereon. mon open space or areas specified for the
i. A title opinion from an attorney show use of all owners within the planned de-
ing the status of the title to the site velopment.
encompassed by the site/construc- No. 11 2012, § 3(Exh. B), 7-17-12)
tion plan and all liens,encumbrances
and defects, if any. Secs. 110-744-110-754. Reserved.
(4) Review. Upon submission of a complete
site/construction plan application consis-
tent with the requirements of this section
and article VI of this chapter, the applica-
tion shall be processed and reviewed con-
sistent with the procedures of section 110-
223 of this Code.
(c) Approval in phases. An applicant may re-
quest approval for the entire planned develop-
ment or any phase therein designated in the
approved land use plan.
(d) Recordation of site/construction plan. Any
L site/construction plan approved pursuant to this
section, and any accompanying exhibits thereto,
shall be maintained on file with the city clerk as a
permanent record.
(e) Amendments; sale or transfer of tracts. An
applicant may amend a previously-approved site!
construction plan or offer tracts for sale or trans-
fer as follows:
a. Upon the issuance of a building permit
based on an approved site/construction
plan, the planned development shall be
built substantially in accordance with the
site/construction plan and the associated
specifications. If, after such approval, the
applicant or successors desire to modify
the site/construction plan, such proposed
modifications shall first be submitted to
the planning official. If the planning offi-
cial deems the modifications to the ap-
proved site/construction plan to substan-
tially deviate from the approved plan,the
application for modification shall be sub-
ject to the review procedures of this sec-
tion and article VI of this chapter.
Cire" b. Upon approval of the site/construction
plan, the applicant may sell or transfer
Supp.No. 21 CD110:109
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3
3
APPENDIX B—SCHEDULE OF FEES
‘1111100e.
Chapter 10.Amusements and Entertainments
Article III. Outdoor Entertainment
Code
Amount Section
(a) Permit fee for events where attendance is estimated to be 200 or less
persons $250.00 10-61
(b) Permit fee for events where attendance is estimated to be 201 or more
persons $500.00 10-61
(c) Extra personnel hours, as defined in chapter 10 Actual cost 10-73
(d) Cleanup and damage deposit for events where attendance is estimated
to be 200 or less persons $250.00 10-66
(e) Cleanup and damage deposit for events where attendance is estimated
to be 201 or more persons $500.00 10-66
Article IV Adult Entertainment
(a) Appeal of license or permit denial, suspension or revocation 50.00 10-99(b)
(b) License for establishment:
(1) Application fee, nonrefundable 200.00 10-96
(2) License fees: 10-103
a. Adult bookstore/adult video store 750.00
Limo?
b. Massage establishment 1,000.00
c. Adult motion picture theaters 750.00
1. Having only adult motion picture booths, each booth,
limited to a cumulative fee not to exceed $1,000.00 200.00
2. Having only a hall or auditorium, each seat or place,
limited to a cumulative fee not to exceed $1,000.00 15.00
3. Having a combination of any of the places listed in items
(2)c.1., 2., the fee shall be the fee applicable to each,
limited to a cumulative fee not to exceed $1,000.00
d. Adult dancing establishment 1,000.00
e. Adult motel 750.00
f. Adult performance establishments 750.00
g. Commercial bodily contact establishment 750.00
h. Escort service 750.00
(3) Application for change of location 200.00 10-123(a)
(4) Change of name 3.00 10-123(b)
Lire
Supp.No. 21 CDB:5
CAPE CANAVERAL CODE
Code
Amount Section
(c) Permit for employees:
(1) Application fee 16.00 10-139(e)
(2) Renewal fee 16.00 10-143
(3) Replacement of lost permit 10.00 10-148
Chapter 22. Community Development
Article III. Community Appearance Review
Code
Amount Section
1. Level I
a. Commercial and industrial projects 850 75.00 22-42
square feet or less
b. One to three residential units 75.00 22-42
c. All signs 35.00 22-42
d. Fences 1-3 residential units 0 22-42
e. Single-family residential addition 850 square feet or less 35.00 22-42
2. Level II
a. Commercial and industrial projects over 850 square feet 75.00 22-42
b. Four or more residential units 75.00 22-42
c. Commercial fences 75.00 22-42
Chapter 30. Emergency Services
Article II. Alarm Systems
Code
Amount Section
(a) Failure to provide response to alarm location, each occurrence. . 150.00 30-30(a)
(b) False alarm, second or subsequent response within a one-year 30-30(b)
period:
(1) Fire response 150.00
(2) Police response 25.00
(c) Appeal of filing fee 10.00 30-33(b)
(d) Permit fee 15.00 30-28
(e) Renewal fee 15.00 30-27(c)
(f) False alarm fee 30-31(a)
Number of false alarms Fee per false alarm
One through three $0.00
Fourth $50.00
Fifth $75.00
Sixth $100.00
Supp. No. 21 CDB:6
APPENDIX B—SCHEDULE OF FEES
L1100°`
Number of false alarms Fee per false alarm
Seventh and above $200.00 each
(g) Alarm malfunction administrative fee 30-31(b)
Number of false alarms Fee per false alarm
One through three $0.00
Fourth $25.00
Fifth $25.00
L✓"
Lire
Supp.No. 21 CDB:6.1
3
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3
APPENDIX B—SCHEDULE OF FEES
Code
Amount Section
2. The impact fee associated with the number of work-
ers in an office building shall be that listed under the
commercial facilities. The number of workers shall be
multiplied by $117.37 in order to determine the ap-
plicable impact fee.
b. The minimum impact assessment fee for industrial and
other commercial facilities not listed above shall be
$2,337.81.
(4) Reinstatement fee after connection shutoff 75.00 78-122
(5) Off-site sewage pumping fee: 78-131
a. Per day 100.00
b. Plus, per gallon 0.05
Article III. Service Rates, Deposits and Billing Procedures
(a) Deposit for sewer and garbage and trash collection: 78-151
(1) Residential 65.00
(2) Industrial/commercial 200.00
Liriv" (b) Schedule of fees.
Description
(1) Residential:
A. Single-family: Individually metered detached residential dwelling units, town homes and
individually metered mobile homes.
B. Multifamily: Individually or master metered attached residential dwelling units, and
master metered mobile homes.
(2) Public building connections: Any individual connection held, used or controlled exclusively for
public purposes by any department or branch of government,state,county or municipal,without
reference to the ownership of the building or of the realty upon which it is situated.
(3) Commercial: Any building used for commercial, nonresidential purposes.
(4) Rental property: Any individual connection held, used or controlled for multiple dwelling units
that are rented/leased as a hotel or motel property.
(5) Equivalent residential unit (ERU): One ERU shall be equal to one detached residential dwelling
unit with an individual water meter of 0.75 inches or less. ERUs for all connections other than:
(i) residential dwelling units with an individual water meter of 0.75 inches or less; and (ii)
multifamily; shall be pursuant to the following basis:
L
Supp.No. 21 CDB:11
CAPE CANAVERAL CODE
ERU Basis
(A) For Single-Family, Commercial and Public Buildings:
Meter Size ERU
0.75" 1.00
1.0" 2.50
1.5" 5.00
2.0" 8.00
3.0" 15.00
4.0" 25.00
6.0" 60.00
8.0" 80.00
(B) For Rental Property: The number of ERUs for rental property connections shall be equal to
the total number of individual dwelling units multiplied by a factor of 0.75 ERU.
2012/13 2013/14 2014/15 2015/16
Customer Charge per Bill
All Classes $1.74 $1.83 $1.93 $2.03
Readiness to Serve Charge per ERU
Single-Family $14.96 $15.71 $16.50 $17.33
Commercial $18.71 $19.65 $20.64 $21.68
Rental Property $14.96 $15.71 $16.50 $17.33
Public Building $14.96 $15.71 $16.50 $17.33
User Rate per 1,000 gallons
Single-Family $4.86 $5.11 $5.37 $5.64
Commercial $6.07 $6.38 $6.70 $7.04
Rental Property $4.86 $5.11 $5.37 $5.64
Public Buildings $4.86 $5.11 $5.37 $5.64
Sewer Flat Rate
Multifamily $25.64 $26.93 $28.28 $29.70
(c) Reserved.
Code
Description Amount Section
Article IV. Reclaimed Water
(a) Single-family, townhouse, duplex and triplex unit
$475.00 for each required backflow device
(b) Multifamily, apartment complexes, condominium develop-
ments and mobile home parks
$500.00 for each existing backflow device installed by the
property owner
(c) Commercial and industrial 78-177
$500.00 for each existing backflow device installed by the
property owner
Supp.No. 21 CDB:12
APPENDIX B—SCHEDULE OF FEES
Code
Description Amount Section
(d) Reclaimed water rates shall be charged based on Equivalent
Reclaimed Irrigation Connections("ERICs")established by the
size of the customer's connection to the city's reclaimed water
utility system as follows:
1-inch diameter connection = 1 ERIC
2-inch diameter connection = 4 ERICs
4-inch diameter connection = 12 ERICs
Each customer class shall be charged the flat rate per ERIC
identified below for reclaimed water service. New rates shall
take effect on October 1st of each year:
Reclaimed Water Flat Rate Per ERIC
2012/13 2013/14 2014/15 2015/16
All Customer Classes' $6.33 $6.65 $6.99 $7.34
'Does not include wholesale,bulk,large user or other customer under separate contract or agreement
with the city.
Lor'' Chapter 80.Vehicles for Hire
Article III. Driver's Permit
Code
Description Amount Section
(a) Public vehicle driver's permits:
(1) For each permit used 8.00
(2) For each renewal of permit 7.00
Subpart B. Land Development Code
Chapter 82. Buildings and Building Regulations 82-2
(A) Building Permit fees. On all buildings, structures or alterations requiring a building permit, a fee
set forth below shall be paid at the time the permit is issued:
Permit fees by total valuation:
Valuation Fee
$500.00 or less: $45.00
$501.00 to and including $1,000.00 $60.00
$1,001.00 to and including $2,000.00 $75.00
$2,001.00 to and including $20,000.00 $75.00 for the first$2,000.00 and$5.00 for each
additional $1,000 or fraction thereof to and
Lire including $20,000.00
Supp.No. 21 CDB:13
CAPE CANAVERAL CODE
Valuation Fee
$20,001.00 to $100,000.00 $165.00 for the first $20,000.00 and $5.00 for
each additional $1,000 or fraction thereof to
and including $100,000.00
$100,001.00 to $500,000.00 $565.00 for the first $100,000.00 and $4.00 for
each additional $1,000 or fraction thereof to
and including $500,000
$500,001.00 and up $2165.00 for the first$500,000.00 and$3.00 for
each additional $1,000 or fraction thereof
The total valuation for assessment of permit fees for new structures shall be based on the latest
valuation data published by the International Code Council (I.C.C.)
For construction work not addressed in the latest valuation data published by the I.C.C., such
valuation shall be based upon the actual construction contract price, with satisfactory evidence of same
being submitted to the building official, or a construction cost estimate made by the building official,
except as otherwise provided in this section.
(B) Plan checking fee. In addition to any fee or fees charged in subsection (a) above: When the
valuation of the proposed construction exceeds $1,000.00 and plans and/or specifications are required to
be submitted, a plan checking fee shall be paid at the time the permit is issued.
The plan checking fee shall be equal to one-half the building permit fee. Such plan checking fee shall
be in addition to the building permit fee.
When the valuation of the proposed construction exceeds $500,001.00, a nonrefundable plan review
deposit shall be paid at the time of permit application submittal. Such deposit may not exceed the
anticipated plan review fee.
When a dispute exists in the review of the plans and specifications for construction,the applicant may
request a hearing before the construction board of adjustment.
(C) In addition to any fee or fees charged in subsections(A)and(B),a fee set forth below shall be paid
at the time the permit is issued. Note: Reroofing, remodeling, alterations, additions and repairs permit
fees shall be paid in accordance with subsections (A) and (B) only.
Plumbing, new, residential, per bathroom $60.00
Plumbing, new, hotel/motel, per unit $60.00
Plumbing, new, commercial, per bathroom $60.00
Sewer tap inspection fee $60.00
Electrical, new, single-family $100.00
Electrical, new, multifamily, per unit $75.00
Electrical, new, hotel/motel, per unit $60.00
Electrical, new, commercial, per unit $60.00
Mechanical, new, residential, per unit $75.00
Mechanical, new, hotel/motel, per unit $50.00
Mechanical, new, commercial, per system $50.00
Well, deep or shallow $50.00
Moving of building $150.00
Demolition of building $100.00
J
Supp.No. 21 CDB:14
APPENDIX B—SCHEDULE OF FEES
Lire
(D) Other fees:
Fire alarm permit Per valuation table "A" plus fire department fee
calculation
Fire sprinkler permit Per valuation table "A" plus fire department fee
calculation
Preliminary review of construction plans $50.00 per hour or portion thereof
Permit Revision Fee. Minimum half-hour charge $25.00 per half hour
Reinspection fee—When extra inspection trips $45.00
are necessary due to partial inspections, wrong
address, second call on rejected or condemned
work, additional work done after inspection has
been made, or work not ready for inspection
when called, a charge of$45.00 shall be paid in
advance for each additional inspection or at the
discretion of the building official on large proj-
ects prior to issuance of a certificate of occu-
pancy or completion
Certificate of Occupancy $50.00
Failure to Obtain an approved Final Inspection $100.00
Work started prior to issuance of permit (ref. Double Permit Fee
building code adopted by chapter 82 of this
Code)
Loy' Special Inspection (after-hours, weekend, holi- $50.00 per hour
day, arranged two days in advance). Minimum
four-hour charge for weekends and holidays
Final Inspection. Fine for failure to obtain a n- $100.00
nal approved inspection for a permit before it
expires. No further permits may be issued to
any contractor or permit applicant with an out-
standing fine or to any contractor with an ex-
pired permit due to failure to obtain a final in-
spection.
Article V. Registration and Maintenance of Properties in Foreclosure
Code
Amount Section
Registration and re-registration fee 200.00 82-119
Chapter 86. Concurrency Management System
Code
Amount Section
(a) Concurrency evaluation review fee: 86-5
(1) Multi-family project, per building 100.00
(2) Commercial project, per building 100.00
Lire` (3) Single-family home 100.00
Supp.No.21 CDB:15
CAPE CANAVERAL CODE
J
Code
Amount Section
(4) Improvements of insignificant impact (as defined by Ordi-
nance No. 3-90) 20.00
(b) Reservation of priority of an applicant over subsequent applica-
tions is by prepayment of concurrency review fees 86-7
Chapter 90. Floods
Article IV. Stormwater Management
Code
Amount Section
(a) Permit fee 90-131
(b) Inspection fee 90-195
Chapter 94. Signs
(a) Permit fee shall be calculated on actual contract cost using sub-
section (a) of Chapter 82 of Appendix B
(b) Reinspection fee 45.00 94-35
(c) For commencing work without a permit, all fees shall be double
(d) Temporary off-premises signs and banners and temporary non- 94-81
residential signs greater than 12 sq. ft. 50.00 and 94-4(7)
Chapter 98. Subdivisions
Code
Amount Section
(a) Variance application fee 250.00 98-4
(b) Plat fee schedule. The fee schedule for review of replat/subdivi-
sion of land shall be: 98-53
(1) One, two or three lots 37.50
(2) Four or more lots 50.00
Plus $7.50 per lot, not to exceed $500.00
(c) Resubmission. Changes to approved replat/subdivision of land
shall be charged at a rate equal to 50 percent of the original
fee.
3
Supp.No. 21 CDB:16
APPENDIX B-SCHEDULE OF FEES
L1101'
Chapter 102.Vegetation
Article II. Thee Protection
Code
Amount Section
(a) Removal of tree in lieu of replacement, per inch of dbh 50.00 102-41
Chapter 110. Zoning.
Code
Amount Section
(a) Application for rezoning 250.00 110-92
(b) Application for proposed amendment to chapter 250.00 110-92
(c) Application for a special exception or variance 250.00 110-92
(d) Application for appeal of administrative decision 250.00 110-92
(e) Site plans: 110-223
(1) Fee schedule. The fee schedule for site plan review shall
be:
a. One, two and three residential units 37.50
Lire b. Four or more residential units 50.00
Plus $7.50 per unit, not to exceed $500.00
c. Commercial structures, per acre of land or portion
thereof 150.00
d. Extension of site plan 150.00
(2) Resubmission. Changes to originally approved site plans
shall be charged at a rate equal to 50 percent of the origi-
nal fee.
(f) Fence height exemption filing fee 35.00 110-470
(Res. No.90-22, § 1,4-18-90;Res. No. 90-35, § 1, 6-19-90;Res.No. 92-12,§ 1, 3-17-92;Res.No. 92-18,§ 1,
4-21-92; Res. No. 92-19, § 1, 4-21-92; Res. No. 92-56, § 1, 10-20-92; Res. No. 93-08, § 1, 5-4-93; Ord. No.
31-93, § 1, 9-21-93; Ord. No. 41-93, 10-19-93; Ord. No. 44-93, § 1(683.35), 1-4-94; Res. No. 94-23, § 1,
5-3-94; Res. No. 94-94; § 1, 7-19-94; Res. No. 95-17, § 1, 6-20-95; Res. No. 95-19, § 1, 6-29-95; Res. No.
95-22, § 1, 6-29-95; Res. No. 95-23, § 1, 6-29-95; Res. No. 95-25, § 1, 7-18-95; Res. No. 96-26, § 1, 5-21-96;
Res. No. 96-32, § 1, 6-18-96; Res. No. 96-62, § 1, 12-17-97; Ord. No. 97-15, § 1, 5-20-97; Ord. No. 97-18,
§ 1, 6-17-97; Ord. No. 97-36, § 1, 10-7-97; Res. No. 28-98, § 1, 9-15-98; Res. No. 22-00, § 1, 7-18-00; Res.
No. 2000-40,§ 1, 10-3-00;Res. No. 2000-42, § 1, 10-3-00;Res.No. 2001-04, § 1,2-6-01;Res.No. 2002-026,
§ 1, 7-16-02; Ord. No. 13-2003, § 4, 5-20-03; Ord. No. 13-2004, § 3, 7-20-04; Res. No. 2007-25, § 1(Exh.A),
9-18-07; Res. No. 2009-19, § 2(Exh.A), 8-4-09; Ord. No. 05-2009, §4, 9-15-09; Res. No. 2009-19, § 2(Exh.
A), 9-1-09; Res. No. 2010-05, § 2, 3-2-10;Res. No. 2010-22, § 2, 10-19-10; Res. No. 2010-34, § 2, 12-21-10;
Res. No. 2011-29, § 3, 11-15-11; Res. No. 2012-05, § 2, 4-17-12, eff. 10-1-12; Res. No. 2012-06, § 2, 4-7-12,
eff. 10-1-12; Res. No. 2012-08, § 2, 5-15-12)
L
Supp.No. 21 CDB:17
J
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3
CODE COMPARATIVE TABLE
Ordinance/
Resolution Section
Number Date Section this Code
24-2003 9- 2-03 2 Added 34-42, 34-43
Rpld 34-66-34-69
25-2003 9- 2-03 2 34-176
Added 34-181(b)
26-2003 9- 2-03 2 Added 54-4
27-2003 11-18-03 2 Added 115-1-115-13
29-2003 9-16-03 2 74-57
33-2003 10- 7-03 2 62-9-62-11
34-2003 10-21-03 2 110-469
35-2003 10-21-03 2 Added 110-223(g)
Rnbd 110-223(g)—(i)
as 110-223(h)—(j)
Added 110-223.5
36-2003 10-21-03 2 110-171
37-2003 10-21-03 2 Added 110-321
38-2003 10-21-03 2 Added 2-300
39-2003 11-18-03 2 22-46
41-2003 12-16-03 2 Added 110-196
Rnbd 110-196, 110-197
as 110-197, 110-198
01-2004 3- 2-04 2 Added 82-400
02-2004 3- 2-04 2 110-1
Added 110-352(9)
04-2004 3-16-04 2 Added 10-200-10-203
L 05-2004 4- 6-04 2 38-81,38-82
06-2004 4-20-04 2 Added 2-280-2-291
07-2004 4-20-04 2 78-27, 78-31
78-24, 78-35
Rpld 78-39
08-2004 5- 4-04 2 110-352(9)
09-2004 5-18-04 2 Added 82-375-82-386
11-2004 6-15-04 2 78-131, 78-153
78-291, 78-192
78-194(c)
78-195(b),(c)
12-2004 7- 6-04 2 80-3,80-5
Rpld 80-30
13-2004 7-20-04 2A Rpld 10-86-10-177
3 Added 10-86-10-132
App. B,Ch. 10
4 110-352(7)
17-2004 10- 5-04 2 Added 26-5
18-2004 10- 5-04 2 Added 2-207
20-2004 11-16-04 2 Added 2-171(p)
21-2004 11-16-04 2 54-2
22-2004 11-16-04 2 62-1
62-9(c)
Added 62-12(b)
Rnbd 62-12(b)
as 62-12(c)
01-2005 2- 1-05 Rpld 40-27-40-30
03-2005 4- 5-05 2 110-223(D,(g)
Added 110-223(h)
Rnbd 110-223(h)—(j)
as 110-223(i)--(k)
Rpld 110-233.5
Supp. No. 21 CCT:19
CAPE CANAVERAL CODE
Ordinance/
Resolution Section
Number Date Section this Code
05-2005 4-19-05 2 102-36-102-50
Added 102-51-102-54
110-566, 110-567
Rpld 110-568
11-2005 6-21-05 2 Rpld 58-26(a)
58-34,58-36
Added 110-2, 110-3
110-26
110-29-110-32
Added 110-36-110-40
Rpld 110-46-110-48
110-61, 110-62
110-136-110-139
12-2005 10- 4-05 2 82-31,82-88
82-89
Rpld 82-116,82-146
82-171,82-196
82-233
13-2005 8- 2-05 2 50-4
14-2005 9- 6-05 2 Added 2-70
15-2005 9-20-05 2 Added 110-484
Added 110-538(15)
16-2005 10- 4-05 2 Added 110-354(c)(16)
110-538(16)
21-2005 1- 3-06 1 102-37(e)
102-38(b)(1)
Added 102-40.5
02-2006 3-21-06 2 110-87
110-88(b)
110-91
110-92(a),(c)
110-106(a)
110-107(a),(b)
110-108
03-2006 6-20-06 2 110-171(a)(2)c.2.
Added 110-172
04-2006 6-20-06 2 110-332(4)
3 110-171(a)(2)b.
05-2006 6-20-06 2 110-121
07-2006 6-20-06 2 98-46,98-47
3 110-222(1)g.
08-2006 6-20-06 2 26-3
Rpld 26-4
09-2006 6-20-06 2 Added 6-53
11-2006 10- 3-06 2 110-334(c)(10)
17-2006 10-17-06 2 110-191-110-198
Added 110-199, 110-200
20-2006 12- 5-06 2 Added 86-21-86-30
23-2006 1- 2-07 2 110-171(a)(10)
24-2006 1- 2-07 2 110-336(1)a.
01-2007 2-20-07 2 110-1
Rpld 110-354(c)(6),(11)
Rnbd 110-354(c)(7)—(10),
(12)—(16)
as 110-484(c)(6)—(14)
Added 110-485
Supp. No. 21 CCT:20
CODE COMPARATIVE TABLE
Ordinance/
Resolution Section
Number Date Section this Code
3 110-331
110-351
110-380
02-2007 2-20-07 2 Ch. 70,Art.III(tit.)
70-66, 70-67
70-69-70-71
70-73-70-81
70-84-70-89
3 6-27(d)
4 10-48(b)
10-49
10-90
10-103
10-115(a)
10-116(g),(h)
10-123(d)
10-125(a)2.
10-128(a)
10-202(b)
5 34-176
6 38-2(d)(1)b.
7 80-3
8 82-2
9 110-523
03-2007 3- 6-07 2 102-36
Late 04-2007 6-19-07 2 110-1
110-271, 110-272
110-291, 110-292
110-311, 110-312
Added 110-332(15)
Added 110-486, 110-487
06-2007 10-16-07 2 2-283
3 Rpld 34-27
34-95
Rpld 34-152
Rpld 34-208
4 110-582
07-2007 12- 4-07 2 110-2(b)
110-27(a)
110-28(b)(3)
110-33
110-40(D
Added 110-87(3)
3 22-46
4 86-3(a),(c)
5 90-50(c)
6 98-5(a)
09-2007 12- 4-07 2 Rpld 110-376
01-2008 3-18-08 2 Added 2-208-2-211
04-2008 5- 6-08 2 Added 58-1
3 110-1
110-28(b)
05-2008 4-15-08 2 22-40(a)
06-2008 5- 6-08 2 Added 2-292-2-298
2007-25(Res.) 9-18-07 1(Exh.A) Rpld App.B,Ch. 78,Art.
III(b),(c)
Supp.No. 21 CCT:21
CAPE CANAVERAL CODE
Ordinance/
Resolution Section
Number Date Section this Code
Added App.B, Ch. 78,Art.
III(b)
07-2008 7- 1-08 2 70-66
70-70(a),(b)
70-71
70-74
70-80
70-81(a)
70-86, 70-87
3 6-27(d)
10-48(b)
08-2008 7- 1-08 2 26-3
01-2009 2- 3-09 2 Added 110-30(b)
Rnbd 110-30(b)
as 110-30(c)
Added 110-30.1
02-2009 3- 3-09 2 82-31
05-2009 9-15-09 2 Rpld 94-1-94-101
3 Added 94-1-94-120
4 App.B, Ch. 94
07-2009 8- 4-09 2 110-171(a)(2)a.
2009-19(Res.) 8- 4-09 2(Exh.A) App.B,Ch. 82
08-2009 8-18-09 2 Added 82-15(a)—(d)
10-2009 9-15-09 2 2-56
2-69
12-2009 1- 5-10 2 102-36
102-37(b)
Rpld 102-37(e)
102-38(b)(1)
Rpld 102-38(b)(2), (3)
Rnbd 102-38(b)(4), (5)
as 102-38(b)(2),(3)
Added 102-38(d)
102-40(b)(3)
Added 102-40(b)(6)—(10)
Rpld 102-40.5
102-41
102-45(a),(b)
102-49(b)
Ch. 102,Table 1.1
13-2009 12-15-09 2 110-1
Added 110-482(b),(c)
14-2009 1- 5-10 2 Added 74-57(b)
01-2010 1-19-10 2 22-39(a)
02-2010 3- 2-10 2 Added 91-1-91-7
03-2010 3-16-10 2 Ch. 98,Art.II(tit.)
Added 98-31
98-36
98-41
Rpld 98-42-98-44
98-45(a),(b)
Rpld 98-45(c),(d)
98-46(b)
98-47
Added 98-48
98-57
Supp. No. 21 CCT:22
CODE COMPARATIVE TABLE
LIN/e
Ordinance/
Resolution Section
Number Date Section this Code
Rpld 98-57
98-58
98-59
98-60
98-61
98-62
Added 98-66
04-2010 3- 2-10 2 Rpld 10-46-10-64
3 Added 10-46-10-77
2010-05(Res.) 3- 2-10 2 App.B,Ch. 10
05-2010 4-20-10 2 110-1
Added 10-294(6)
12-2010 10-19-10 2 6-51(b)
6-52(b)
6-53(b)
13-2010 10-19-10 2 10-47
10-64(a),(d)
10-73(1),(2)
Added 10-73(3)
Rnbd 10-73(3)--(5)
as 10-73(4)--(6)
14-2010 12-21-10 2 54-4(1)
Added 54-5
16-2010 11- 4-10 2 Added 74-56.5
(11111111101 17-2010 11-16-10 2 110-1
110-274(1)
Added 110-314(6)
Added 110-334(c)(16)
Added 110-488
Added 110-491(14)
Rnbd 110-491(14)
as 110-491(15)
18-2010 12-21-10 2 66-65
66-81
66-83
66-84(a),(b)
Added 66-84(c)
Added 66-85
19-2010 12-21-10 2 Added 94-4(12)
2010-22(Res.) 10-19-10 2 App.B,Ch. 10
2010-34(Res.) 12-21-10 2 App.B,Ch. 66
01-2011 4-19-11 2 2-26
2-56
2-57(a)(1),(2)
2-58
2-59
2-60(b)—(d)
2-62
2-65
2-102
Rpld 2-141
Rpld 2-151
02-2011 5-17-11 2 110-486
03-2011 5-17-11 2 Added 110-352(10)
04-2011 6-21-11 2 110-1
(11111.1e- Added 110-492(e)
Supp.No.21 CCT:23
CAPE CANAVERAL CODE
Ordinance/
Resolution Section
Number Date Section this Code
Rpld 110-538(7)—(9)
Rnbd 110-538(10)
as 110-538(7)
Rpld 110-538(11)
Rnbd 110-538(12)—(16)
as 110-538(8)—(12)
05-2011 8-16-11 1-28 App.A,Art. II
06-2011 10-18-11 2 110-1
110-332(3), (6)
Added 110-334(c)(17)
110-352(1)
110-381 4.,8.
Added 110-3383(c)14.
Added 110-489
08-2011 9-20-11 2 18-3(j)
09-2011 10-18-11 2 Added 2-28
2-66(b),(c),(f),(g),(i)
Added 2-66(j)—(n)
2-68
10-2011 10-18-11 2 Added 36-1-36-22
2011-29(Res.) 11-15-11 2 78-300(1)
3 Added App. B,Ch. 78,Art.
V,§ 78-300
13-2011 12-20-11 2 Added 2-171(b)(3)
2-171(c)(3),(4)
2-171(d)
2-1710
Added 2-172
Rpld 2-181-2-186
3 Ch. 22,Art.II(tit.)
22-27
22-28
22-33
22-34
22-35
22-36(a),(c),(g)
22-37(a)
22-39(a)
22-40
22-42
22-44
22-45(5)
4 46-26
5 Ch. 54,Art. II(tit.)
54-26
54-28
54-29
6 110-2(a)
110-3(a),(b),(e)
110-29(8)
110-36(b)
110-37(a)
Rpld 110-37(b)
Rnbd 110-37(c),(d)
as 110-37(b), )
110-40(a)(3),,(b),(e)
Supp.No. 21 CCT:24
CODE COMPARATIVE TABLE
Ordinance/
Resolution Section
Number Date Section this Code
110-221
110-222
110-223
110-224
15-2011 12-20-11 2 Added 10-46(e),(I)
10-47
01-2012 2-21-12 2 82-31
02-2012 3-20-12 2 110-1
110-171
2012-05(Res.) 4-17-12 2 App. B,Ch. 78,Art.
IV
2012-06(Res.) 4-17-12 2 App. B,Ch. 78,Art.
III
04-2012 4-17-12 2 78-180
05-2012 4-17-12 2 78-152
06-2012 4-17-12 2 110-1
110-271
110-291
110-311
Rpld 110-332(15)
110-486
110-487
3 2-283(a)(10)
07-2012 5-15-12 2 Added 82-116-82-125
Lliore 3 Added 2-283(a)(13)
2012-08(Res.) 5-15-12 2 Added App.B,Ch. 82,Art.
V
08-2012 6-19-12 2 Added 110-352(11)
09-2012 6-19-12 2 2-283(a)(10)
3 Rpld 62-2
10-2012 7-17-12 2 2-56
11-2012 7-17-12 2(Exh.A) Added 110-585-110-592,
110-604-110-610,
110-621-110-629,
110-641-110-656,
110-668-110-671,
110-683-110-689,
110-701-110-708
3(Exh. B) Added 110-720-110-727,
110-740-110-743
4 110-331
110-351
110-380
13-2012 9-18-12 2 Added 110-490
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Supp.No.21 CCT:25
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3
3
Lire
STATE LAW REFERENCE TABLE
This table shows the location within this Charter and Code,either in the text or notes following
the text,of references to the Florida Statutes.
F.S. Section F.S. Section
Section this Code Section this Code
1.01 1-2 163.3161-163.3211 58-57
34.191 Ch. 50 163.3174 58-56
ch. 50 2-288 163.3178 82-93
50.041 2-288 163.3180(1.2) 86-22
50.051 2-288 86-26
60.05 2-292 163.3180(16) 86-21
2-296 163.3180(16)(b)1 86-23
2-297 163.3180(16)(e) 86-25
chs.97-106 Ch.26 163.3220 86-2
26-1 ch. 166 110-37
101.657 26-5 110-37(a)
ch. 106 Char. § 7.02 166.021(1) App.A,Art. II
ch. 112,pt. III Char. § 7.01 166.021(10) 2-300
112.061 2-300 166.04 110-137
112.3135 Char., § 7.03 166.041 1-11
112.3143 2-67 10-87
ch. 119 78-98 110-137(e)
119.011
2-116 166.046 App.A,Art. I
119.021 2-116 166.101 Ch. 2,Art.V
161.041 82-85 166.101 et seq. Ch. 70
161.053 Ch. 14,Art. III 166.222 82-322
161.52 et seq. Ch. 82,Art. IV 166.231 Ch. 70,Art. II
161.55(1)(d) 82-94 70-27
82-81 166.231(1)(b) 70-29
161.142 Ch. 14,Art. III 166.232 Ch. 70,Art.II
161.161 Ch. 14,Art. III 166.3164 115-1(7)
161.163 Ch. 14,Art. III 167.22 App.A,Art. III, §8
ch. 162 Ch. 2,Art.VI ch. 170 90-192
2-256 ch. 177 Ch. 98
2-258 98-1
2-260 98-31
2-281 98-41
2-282 98-58
2-296 110-423
10-92 177.25 et seq. 110-222
34-42 ch. 192 et seq. Ch. 70
82-400(D ch. 194 102-36
91-7 203.012 70-26
94-5 ch. 205 Ch. 70,Art. III
102-37 70-83
162.05 2-257 205.043(2),(3) 70-81
162.09(3) 78-60 205.053 70-75
162.21(6) 2-287(e) 205.053(1) 70-74
162.22
10-92 70-76
ch. 163 58-56 205.053(2) 70-75
Le 110-37(a) 205.053(3) 70-75
Supp.No. 21 SLT:1
CAPE CANAVERAL CODE 1
F.S. Section F.S. Section
Section this Code Section this Code
215.85 2-206 489.501 et seq. 30-26
ch. 286 Ch. 2,Art. II,Div. 3 501.160 18-5
ch. 316 74-1 ch. 509 110-1
74-63 110-486
286.0115 2-66 ch. 515 110-582
316.003 74-56.5 ch. 517 10-86
316.194 74-56 ch. 553 Ch.82
316.195 34-34 82-321
316.293 Ch. 34,Art.V 553.36(12) 82-81
316.1936 Ch. 6,Art. III,Div. 2
110-1
316.1945 74-56 553.71 82-322
Ch. 318 74-63
320.823 82-81 553.71(7) 82-322
82-88 553.73(8) 82-400(e)
Ch.337 66-1 553.77 82-322
339.155 86-29 553.79 2-286(f)
370.12 Ch. 14,Art. III 82-322
373.185(1)(b) 110-685 553.79(7) 82-323
380.04 86-2 553.80 2-286(f)
ch. 381 10-163 553.900 Ch.82,Art. IX
381.0075 110-352 556 App.A,art.III,
ch. 386,pt. I 10-62 § 13.5
402.302 110-1 ch. 561 6-52
ch6-
403 78-2Art. 5II 08
403.91 et seq. Ch. 106,Art. II 10-108
-,,....011)
403.413 Ch. 34,Art. II chs. 561-568 110-171(a)(2)
403.415 Ch. 34,Art.V 110-172
403.702 et seq. Ch. 62 ch. 561 et seq. Ch. 6
403.7046 62-4 561.01 6-51
403.801 et seq. 106-29 561.01(4)(a) 110-1
ch.458 110-489 ch. 562 10-108
458.3265 110-1 562.14 6-26. 6-27
ch.459 110-489 562.45 6-27
459.0137 110-1 ch. 563 10-108
ch. 468 82-32 ch. 564 10-108
82-148 ch. 565 10-108
ch.470 62-1 565.02(4) 110-171
ch. 471 82-322 581.091 110-684
471.003 82-322 ch. 633 Ch. 38
471.005 82-322 633.022 Ch. 38,Art. II
ch. 480 10-90 633.025 Ch. 38,Art. II,
ch.481 82-322
98-114(o)
489.105 82-322 633.025(1) 38-26
489.119 82-322 633.025(3) 38-28
489.127 82-375
82-377 658.98 2-206
489.127(2) 82-379 ch. 705 34-180
489.127(510) 82-384 705.101 et seq. Ch. 34,Art.VI
489.127(5)(m) 82-380 ch. 718 78-276
489.129 82-322 110-404
489.131(3)(e) 70-85 110-723
489.132(1) 82-375 760.34 36-4
82-377
Supp.No. 21 SLT:2
STATE LAW REFERENCE TABLE
‘1111/11100''
F.S. Section F.S. Section
Section this Code Section this Code
768.28 Char.Art.XXIV, 2-294
§ 11, ch. 895 10-108
Char.Art.XXIV, 893.13 10-86
§ 12 ch. 943 2-284
ch. 769 10-87 943.25(13) 50-3
775.082 2-286(e)
Ch. 50
50-1
775.083 2-286(e)
Ch. 50
50-1
790.01 18-3
790.15 50-1
ch. 791 Ch.38,Art. IV
791.01 110-1
791.01(4)(b) 38-81
110-1
110-1
ch. 794 10-90
10-108
80-1
ch. 796 10-90
10-108
80-1
796.07 2-293
ch. 800 10-90
10-108
80-1
800.03 10-90
806.111 10-86
ch. 810 80-1
ch.812 80-1
812.019 2-293
ch.817 80-1
ch.826 10-90
10-108
ch.827 10-90
10-108
839.13 1-13
ch. 847 10-90
10-169
847.013 10-90
847.0133 10-90
847.0134 10-101
ch.849 10-200
870.041 et seq. Ch. 18
874.03 2-293
877.03 10-86
ch. 893 2-293
10-108
80-1
893.138 2-292
2-293
Supp.No. 21 SLT:3
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3
Lipie' CODE INDEX
Section Section
A ADVERTISING
Loudspeakers, sound amplifiers, etc., use
ABANDONED PROPERTY for
Additional remedies 34-179 Noises,enumeration of prohibited 34-153(3)
Code enforcement board hearing proce- Signs
dures Land development code regulations94-1 et seq.
Conduct 34-183(b) See: LAND DEVELOPMENT CODE
Issuance,filing of board order 34-183(d)
Setting date;notice 34-183(a) AFFIRMATION.See:OATH,AFFIRMATION,
Compliance with notice or order to remove; SWEAR OR SWORN
removal by city upon noncompliance 34-184 AGENCIES OF CITY. See: DEPARTMENTS
Definitions 34-176 AND OTHER AGENCIES OF CITY
Disposition of property removed by city34-186
Entry upon private property authorized 34-177 AGENDA
Liability of owner for towing, storage ex- City council 2-60
penses; collection of lien on private
property 34-188 AGREEMENTS. See: CONTRACTS AND
Notice to abate AGREEMENTS
Contents 34-182(b) AIRCRAFT
Insurance 34-182(a) Litter dropping from aircraft 34-35
Notification of owner following removal by
city ALARM SYSTEMS
Contents of notice 34-185(c) Appeals 30-33
Documentation filed with state 34-185(e) Application for permit;emergency notifica-
Notice by publication 34-185(d) tion;reporting changes in notification 30-28
Notice to owner 34-185(a) Audible sound systems 30-38
State,other official agencies,notice to.. 34-185(b) Automatic telephone direct dialing device;
Lill Penalty 34-178 digital alarm communicator system . 30-37
Property abandoned or lost on public prop- Definitions 30-26
erty 34-180 Disconnection 30-32
Redemption prior to sale by city 34-187 Failure to disconnect; unauthorized re-
Signs and hazardous signs 94-62 connection 30-34
Storing,parking or leaving on private prop- Fees charged;malfunction,false alarms 30-31
erty 34-181 Fees schedule in general. See: FEES (Ap-
Zoning; abandoned variance or special ex- pendix B)
ception 110-32 Issuance,permit;posting 30-29
Operations 30-39
ACCESS Penalty;enforcement 30-35
Franchise regulations in general. See: Permit(alarm)required;fee;renewal 30-27
FRANCHISES(Appendix A) Reconnection 30-36
Land development code regulations re zon- Response to activation; owner response,
ing 110-26 et seq. false alarm,corrective action 30-30
See:LAND DEVELOPMENT CODE ALCOHOLIC BEVERAGES
ACCESSORY STRUCTURES Adult entertainment
Land development code regulations re zon- Establishments,operation of
ing 110-26 et seq. Hours of operation 6-26
See: LAND DEVELOPMENT CODE Nudity on premises where served,
consumed or stored 6-27
ACCIDENTS Land development code regulations re zon-
Vehicles for hire ing 110-26 et seq.
Report of accidents 80.88 See:LAND DEVELOPMENT CODE
Motor vehicles
ACTIONS. See: SUITS, ACTIONS AND Definitions 6-66
OTHER PROCEEDINGS Exceptions 6-69
Open containers prohibited 6-68
ADULT ENTERTAINMENT ESTABLISH- Policy and intents 6-67
MENTS. See: SEXUALLY ORIENTED Ocean beach 6-53
Le BUSINESSES, ADULT ENTERTAIN- Open containers
MENT ESTABLISHMENTS Prohibited in motor vehicles 6-68
Supp.No.21 CDi:1
CAPE CANAVERAL CODE
Section Section
ALCOHOLIC BEVERAGES(Cont'd.) APPROPRIATIONS
Outdoor entertainment events Certain ordinances not affected by Code.. 1-10(a)(6)
Permit; alcohol sales and consumption 10-62
Parking areas ASSOCIATIONS
Possession and consumption 6-51 Persons; definitions and rules of construc-
Parks and recreation areas tion extended and applied to 1-2
Possession and consumption 6-52 ATOMIC ENERGY USES
Penalty 6-1 Land development code regulations re zon-
Streets, alleys, sidewalks and parking ar- ing 110-26 et seq.
eas,possession and consumption in . 6-51 See: LAND DEVELOPMENT CODE
Vehicles for hire 80-87
ATTORNEY. See: CITY ATTORNEY
ALLEYS.See:STREETS,SIDEWALKS AND
OTHER PUBLIC WAYS AUDIO ALARMS. See:ALARM SYSTEMS
AMUSEMENTS AND AMUSEMENT PLACES AUTOMATED TELEPHONE ALARM SYS-
Outdoor entertainment events 10-46 et seq. TEMS. See:ALARM SYSTEMS
See: OUTDOOR ENTERTAINMENT AUTOMOBILES. See: MOTOR VEHICLES
EVENTS AND TRAFFIC
Sexually oriented businesses, adult enter-
tainment establishments 10-86 et seq. AWNINGS OR CANOPIES
Slot machines or devices 10-200 et seq. Signs
ANIMALS AND FOWL Land development code regulations.... 94-1 et seq.
Animal control officer 14-27 See: LAND DEVELOPMENT CODE
Beaches
Animals prohibited on 14-28 B
Bees and beehives prohibited 14-3 BEACHES
Bird sanctuary Alcoholic beverage possession on Ocean
Designation of 14-2 beach 6-53
County animal control ordinance Animals prohibited on beaches 14-28
Adopted 14-26 Dune parking prohibited 74-59
Animal control officer 14-27
Parks and beaches Parks and recreation
Animals prohibited on 14-28 Commercial beach vendor franchises... 54-5
Sea turtles generally 14-51 et seq.
Noises,enumeration of prohibited 34-153(5) See:ANIMALS AND FOWL
Outdoor entertainment events Sleeping and camping in public areas and
Permit;turtle protection 10-68 beaches 50-4
Parks Street excavations 66-61 et seq.
Animals prohibited in 14-28 See: STREETS, SIDEWALKS AND
Penalty 14-1 OTHER PUBLIC WAYS
Sanctuary
Sanctuary,designation of 14-2 Wetlands protection 106-26 et seq.
Sea turtles See: LAND DEVELOPMENT CODE
Beach activities 14-58 BEER. See:ALCOHOLIC BEVERAGES
Definitions 14-52
Enforcement and penalty 14-53 BEES AND BEEHIVES.See:ANIMALS AND
Exemptions 14-54 FOWL
Existing development 14-56 BIDS AND BIDDING
New development 14-55 Bidders
Publicly owned lighting 14-57 City bidders list 2-218(2)
Purpose and scope 14-51 Purchasing generally 2-216 et seq.
ANNEXATIONS See:PURCHASES AND PURCHASING
Certain ordinances not affected by Code.. 1-10(a)(13) BILLBOARD.See:SIGNS AND BILLBOARDS
Franchise regulations in general. See:
FRANCHISES(Appendix A) BIRDS. See:ANIMALS AND FOWL
Land development code regulations re zon-
ing 110-26 et seq. BLIGHT
See:LAND DEVELOPMENT CODE Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
ANNUAL BUDGET.See:BUDGET STANDARDSJ
Supp.No. 21 CDi:2
CODE INDEX
LiOe'
Section Section
BLOCKS BOATS,DOCKS AND WATERWAYS(Cont'd.)
Subdivisions Penalties 54-55
Land development code regulations.... 98-1 et seq. Exemptions 54-54
See:LAND DEVELOPMENT CODE Means of enforcement 54-49
Penalties 54-55
BOARDS, COMMITTEES AND COMMIS- Purpose and findings 54-46
SIONS Speed not to be greater than what is
Board of adjustment 110-2 reasonable under the conditions.. 54-51
See:LAND DEVELOPMENT CODE Water safety. See herein: Vessel Control
Business and cultural development board. 22-26 et seq. and Water Safety
See: BUSINESS AND CULTURAL DE- Wetlands protection 106-26 et seq.
VELOPMENT BOARD See:LAND DEVELOPMENT CODE
Code enforcement board 2-256 et seq. Zoning regulations
See: CODE ENFORCEMENT BOARD Boats,vessels and boat trailers
Code of conduct 2-172 Living aboard 110-552
Community appearance review board .... 22-36 et seq. Living or residing in boats, utility
See:COMMUNITY APPEARANCE RE- trailers,recreational vehicles and
VIEW BOARD special purpose vehicles 110-553
Construction board of adjustments and ap- Location of 110-551
peals 82-32 et seq. Parking and storage 110-554
Building code. See: LAND DEVELOP-
MENT CODE BODIES OF WATER. See: BOATS, DOCKS
Criminal nuisance abatement board 2-292 et seq. AND WATERWAYS
See: CODE ENFORCEMENT
Culture and leisure services board 54-26 et seq. BODIES POLITIC AND CORPORATE
See: PARKS AND RECREATION Persons;definitions and rules of construe-
Definitions and rules of construction 1-2 tion extended and applied to 1-2
Delegation of authority BONDS,SURETY OR PERFORMANCE
L Definitions and rules of construction... 1-2 Certain ordinances not affected by Code 1-10(a)(2)
Joint authority Franchise regulations generally.See:FRAN-
Definitions and rules of construction... 1-2 CHISES(Appendix A)
Library board 46-26 et seq. Purchasing regulations 2-218(9)
See:LIBRARY Signs
Planning and zoning board 110-3 Land development code regulations.... 94-1 et seq.
See: LAND DEVELOPMENT CODE See: LAND DEVELOPMENT CODE
Uniform procedures and requirements2-171
BOATS,DOCKS AND WATERWAYS BOOKS
Library 46-1 et seq.
Exhaust of motorboats
See:LIBRARY
Noises,enumeration of prohibited 34-153(6)
Flood damage prevention 90-26 et seq. BOTTLED GAS
See:LAND DEVELOPMENT CODE Public service tax 70-26 et seq.
Land development code regulations re zon- See:TAXATION
ing 110-26 et seq.
See: LAND DEVELOPMENT CODE BOUNDARIES
Litter, throwing in river or other body of Corporate limits
water 34-36 Definitions and rules of construction... 1-2
Outdoor entertainment events Franchise regulations in general. See:
Permit;water craft,use of 10-71 FRANCHISES(Appendix A)
Vessel control and water safety Land development code regulations re zon-
Area of enforcement 54-48 ing 110-26 et seq.
Careful and prudent operation required 54-50 See:LAND DEVELOPMENT CODE
Definitions 54-47
Designation of areas of regulated water BREVARD COUNTY. See:COUNTY
activities 54-52 BRIDGES
Designating additional areas of regu- Subdivisions
lated water activities,procedure Land development code regulations.... 98-1 et seq.
for 54-53 See: LAND DEVELOPMENT CODE
Enforcement
LIMPe Area of enforcement 54-48 BRUSH.See:WEEDS AND DEAD VEGETA-
Means of enforcement 54-49 TION
Supp.No. 21 CDi:3
CAPE CANAVERAL CODE
Section Section
BUDGET BUILDINGS(Cont'd.)
City manager Weeds and dead vegetation 34-121 et seq.
Powers and duties 2-101(4) See: WEEDS AND DEAD VEGETA-
TION
BUFFERS AND BUFFERING
Flood damage prevention 90-26 et seq. BULK CONTAINERS
See:LAND DEVELOPMENT CODE Solid waste 62-1 et seq.
Tree protection,land clearing 102-36 et seq. See: SOLID WASTE
See:LAND DEVELOPMENT CODE BULKHEADS
BUILDINGS. See also: LAND DEVELOP- Subdivisions
MENT CODE Land development code regulations.... 98-1 et seq.
Building appearance and maintenance 34-98 See: LAND DEVELOPMENT CODE
Building code BURGLAR ALARMS.See:ALARM SYSTEMS
Generally 82-31et seq.
Unsafe building abatement code 82-56 et seq. BURNING
Buildings and building regulationsSolid waste 62-11(b)
See: LAND DEVELOPMENT
CODE BURYING/BURIAL
Building sewers and connections 78-76 et seq. Solid waste 62-11(c)
See: SEWERS AND SEWAGE DIS- Trash, rubble or other debris 34-41
POSAL BUSINESS AND CULTURAL DEVELOP-
Community appearance review board .... 22-36 et seq. MENT BOARD
See:COMMUNITY APPEARANCE RE- Advisory capacity 22-34
VIEW BOARD Composition 22-28
Concurrency management 86-1 et seq. Definitions 22-26
See:LAND DEVELOPMENT CODE Established 22-27
Construction noise 34-154 Indebtedness 22-35
Fees schedule in general. See: FEES (Ap- Purpose and duties 22-33
pendix B)
Flood damage prevention 90-26 et seq. BUSINESSES
See:LAND DEVELOPMENT CODE Local business tax 70-66 et seq.
Franchise regulations generally.See:FRAN- See: TAXATION
CHISES(Appendix A) Outdoor entertainment events
Impact fees 2-231 et seq. Local business tax receipt required .... 10-49
See: IMPACT FEES Parks and recreation
Land development code regulations re zon- Commercial beach vendor franchises... 54-5
ing 110-26 et seq. Sexually oriented businesses, adult enter-
See:LAND DEVELOPMENT CODE tainment establishments
Local planning agency 58-56 et seq. Local business tax receipts/home occu-
See:PLANNING AND DEVELOPMENT pations 10-128
Old building sewers 78-80 Solicitors,peddlers and itinerant vendors. 16-26 et seq.
Permits and miscellaneous fees See: PEDDLERS, CANVASSERS AND
Fees schedule in general. See: FEES SOLICITORS
(Appendix B) Solid waste 62-1 et seq.
Plan checking fee See: SOLID WASTE
Fees schedule in general. See: FEES
(Appendix B) C
Public service tax 70-26 et seq.
See:TAXATION CABLE TELEVISION
Registration and maintenance of proper- Franchise regulation generally.See:FRAN-
ties in foreclosure 82-116 et seq. CHISES(Appendix A)
See: PROPERTY CALLINGS
Sanitary sewer system 78-26 et seq. Local business tax 70-66 et seq.
See: SEWERS AND SEWAGE DIS- See:TAXATION
POSAL
Street excavations 66-61 et seq. CAMPING
See: STREETS, SIDEWALKS AND Sleeping and camping in public areas and
OTHER PUBLIC WAYS beaches 50-4
Supp.No. 21 CDi:4
CODE INDEX
(iiiiiite
Section Section
CANALS CITY ATTORNEY(Cont'd.)
Subdivisions Duties 2-126
Land development code regulations.... 98-1 et seq.
See: LAND DEVELOPMENT CODE CITY CLERK
Duties 2-116
CANVASSERS.See:PEDDLERS,CANVASS-
ERS AND SOLICITORS CITY COUNCIL
City attorney
CAPE CANAVERAL. See: CITY Duties 2-126
City manager
CAPITAL EXPANSION PLANS
Powers and duties 2-101(2)
Impact fee 2-237 Code of conduct 2-28
CAPITAL EXPANSION TRUST FUND Compensation
Impact fees 2-236 Established for councilmembers other
than mayor 2-41
CARS.See:MOTOR VEHICLES AND TRAF- Mayor,established for 2-42
FIC Definitions and rules of construction 1-2
Election 2-26
CAUSES Eminent domain powers re economic devel-
Effect of repeal of ordinances 1-9(b) opment 2-70
CEMETERIES Library board
Parks and recreation areas 54-1 et seq. Reports to 46-32
See: PARKS AND RECREATION Mayor
Compensation established for 2-42
CERTIFICATES OF OCCUPANCY Meetings
Land development code regulations re zon- Adjournment 2-69
ing 110-26 et seq. Adoption of motion 2-67
See:LAND DEVELOPMENT CODE Call to order;quorum;roll call 2-64
Sewer impact fee requirements 78-125 City attorney to attend 2-127
L11100' CHARTER Consideration of matters before council 2-66
General discussion 2-68
Definitions and rules of construction 1-2 Minutes 2-65
CITY Ordinances and resolutions
Abandoned property Preparation prior to meeting 2-59
Compliance with notice or order to re- Parliamentary procedure 2-61
move; removal by city upon non- Preparation and notice of agenda 2-60
compliance 34-184 Presiding officer 2-62
Disposition of property removed by city 34-186 Regular meetings 2-56
Notification of owner following removal Sergeant at arms 2-63
by city 34-185 Special meetings 2-57
Redemption prior to sale by city 34-187 Workshop meetings 2-58
Corporate limits Ordinances and resolutions
Definitions and rules of construction... 1-2 Preparation prior to meeting 2-59
Definitions and rules of construction 1-2 Regular meetings 2-56
Flood damage prevention 90-26 et seq. Special meetings 2-57
See: LAND DEVELOPMENT CODE Subdivisions
Franchise regulations in general. See: Plats and lot splits
FRANCHISES(Appendix A) Final plat
Library board Planning and zoning board and
Liability of city limited 46-31 city council review; general
Solid waste criteria for approval 98-61
Authority of city to collect 62-3 Uncontested elections 2-27
Ownership by city 62-4 Workshop meetings 2-58
Street excavations
Authority of city 66-64 CITY MANAGER
City's right to restore surface 66-69 Acting city manager 2-102
Liability of city 66-62 Civil emergencies
Persons authorized to declare 18-2
CITY ATTORNEY Criminal nuisance abatement board 2-292 et seq.
Lilie Council See: CODE ENFORCEMENT
Attendance at meetings 2-127 Powers and duties 2-101
Supp.No. 21 CDi:5
CAPE CANAVERAL CODE
Section Section
CITY TREASURER CODE ENFORCEMENT(Cont'd.)
Fees schedule in general. See: FEES (Ap- Enforcement procedures; notice; hear-
pendix B) ing 2-296
Establishment; membership; meetings;
CIVIL EMERGENCIES
definitions 2-293 governor's;president 18-7
Penalties;fines;liens;recording 2-297
Definitions 18-2 Powers 2-294
Duration and termination of emergency .. 18-4 Purpose and intent 2-292
Emergency powers and measures 18-3
Persons authorized to declare emergency 18-2 CODE OF ORDINANCES*
Sale of goods, services, or materials at Altering Code 1-13
unconscionable prices 18-5 Amendments to Code 1-11
Violations and penalties 18-6 Catchlines of sections 1-3
Certain ordinances not affected by Code 1-10
CLERK. See: CITY CLERK Chapters or sections, references to 1-5
CLUBS Code does not affect prior offenses, rights,
Persons; definitions and rules of construc- etc. 1-8
tion extended and applied to 1-2 Definitions and rules of construction 1-2
Effect of repeal of ordinances 1-9
COASTAL CONSTRUCTION General penalty; attorneys' fees and costs 1-15
Coastal construction code 82-88 et seq. History notes 1-4
Buildings and building regulations.See: How Code designated and cited 1-1
LAND DEVELOPMENT CODE Provisions considered as continuation of
CODE ENFORCEMENT existing ordinances 1-7
Abandoned vehicles References and editor's notes 1-6
Code enforcement board hearing prose- Severability of parts of Code 1-14
dure 34-183 Supplementation of Code 1-12
Buildings and building regulations CODES
Citations; unlicensed contractors; fail- Boards,committees and commissions;code
ure to obtain building permit 82-375 et seq. of conduct 2-172
Citations(code enforcement) City council;code of conduct 2-28
Applicable codes, ordinances; class vio- City election code adopted 26-1
lation 2-283 Technical codes. See that subject
Citation powers;personal investigation;
reasonable cause 2-285 COMMITTEES AND COMMISSIONS. See:
Citation program,authorization of 2-282 BOARDS, COMMITTEES AND COM-
Classes of violations,penalties 2-291 MISSIONS
Definitions 2-281. COMMUNICATION SERVICES
Enter upon property,authorization to2-290
Form(citation) 2-288 Franchise regulations in general. See:
Intent;purpose 2-280 FRANCHISES(Appendix A)
Issuance procedure 2-287 Public service tax
Payment of penalty;court hearings 2-289 Generally 70-26 et seq.
Training of code enforcement officers... 2-284 See: TAXATION
Violation;penalties;general 2-286 COMMUNITY APPEARANCE REVIEW
Code enforcement board BOARD
Created 2-256 Board
Liens;application for satisfaction or re- Established 22-37
lease of 2-260 Membership 22-37
Membership 2-257 Proceedings of the board 22-39
Powers and duties 2-258 Qualifications of members 22-37
Responsibilities 2-258 Compliance with other code provisions ... 22-41
Violations and penalties Concept plans 22-45
Prosecution of violations with no crim-
inal penalty 2-259 *Note—The adoption, amendment, repeal, omissions, effec-
Criminal nuisance abatement board tive date,explanation of numbering system and other matters
Appeal 2-298 pertaining to the use,construction and interpretation of this
Criminal nuisances established; viola- Code are contained in the adopting ordinance and preface
tions 2-295 which are to be found in the preliminary pages of this volume.
Supp.No.21 CDi:6
CODE INDEX
LIIIII0''
Section Section
COMMUNITY APPEARANCE REVIEW CONTRACTS AND AGREEMENTS(Cont'd.)
BOARD(Cont'd.) Land development code
Permits Concurrency management system
Appeals and review 22-46 Transportation facility proportionate
Application criteria 22-44 fair-share mitigation program
Approval prerequisite for permits 22-40 Proportionate fair-share agreements 86-28
Building permits;enforcement 22-47 Purchasing 2-216 et seq.
Notice of approval or denial 22-43 See:PURCHASES AND PURCHASING
Procedure 22-42 Right-of-way use agreements 66-1
Statement of findings and purpose 22-36 Vested rights agreements 115-10
COMMUNITY DEVELOPMENT CORPORATE LIMITS
Business and cultural development board. 22-26 et seq. Definitions and rules of construction 1-2
Community appearance review board .... 22-36 et seq. COUNCIL. See: CITY COUNCIL
Land development code regulations re zon-
ing 110-26 et seq. COUNTY
See:LAND DEVELOPMENT CODE Animal control ordinance 14-26 et seq.
See:ANIMALS AND FOWL
COMPETITIVE BIDS Definitions and rules of construction 1-2
Purchasing 2-216 et seq. Flood damage prevention 90-26 et seq.
See:PURCHASES AND PURCHASING See: LAND DEVELOPMENT CODE
COMPREHENSIVE PLAN COURTS
Local planning agency Code enforcement citations
Designation of agency,department,corn- Payment of penalty;court hearings 2-289
mittee or person to prepare com- Costs for police education and training 50-3
prehensive plan 58-58 Kelo vs.City of New London court decision
re economic development and emi-
L CONCURRENCY MANAGEMENT SYSTEM nent domain 2-70
Fees schedule in general. See: FEES (Ap- Land development code regulations re zon-
pendix B) ing 110-26 et seq.
Land development code regulations 86-1 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE
Sanitary sewer system 78-26 et seq. CULTURAL DEVELOPMENT. See: BUSI-
See: SEWERS AND SEWAGE DIS- NESS AND CULTURAL DEVELOP-
POSAL MENT BOARD
CONNECTIONS CYCLONES
Sewer connections 78-27 et seq. Civil emergencies 18-1 et seq.
See: SEWERS AND SEWAGE DIS See: CIVIL EMERGENCIES
POSAL
D
CONSTRUCTION
Coastal construction code 82-88 et seq. DANCING AND DANCEHALLS
Buildings and building regulations.See: Alcoholic beverage establishments
LAND DEVELOPMENT CODE Nudity on premises 6-27
CONTRACTORS DEBRIS. See also:SOLID WASTE
Local business tax Burial of debris 34-41
Contractors and subcontractors DEDICATIONS
Special requirements for 70-85 Land development code regulations re zon-
CONTRACTS AND AGREEMENTS ing 110-26 et seq.
Certain ordinances not affected by Code.. 1-10(a) See: LAND DEVELOPMENT CODE
City attorney Plats or subdivisions
Duties 2-126(6) Certain ordinances not affected by Code 1-10(a)(12)
Code does not affect prior contracts estab- DEEDS
lishing or occurring 1-8 Certain ordinances not affected by Code.. 1-10(a)(2)
Franchise agreements 66-1
Franchise regulations in general. See: DELEGATION OF AUTHORITY
FRANCHISES(Appendix A) Definitions and rules of construction 1-2
Supp.No. 21 CDi:7
CAPE CANAVERAL CODE
Section Section
DENSITY DRUNKS AND DRUNKENNESS
Land development code regulations re zon- Alcoholic beverages 6-1 et seq.
ing 110-26 et seq. See:ALCOHOLIC BEVERAGES
See: LAND DEVELOPMENT CODE
DUNES
DEPARTMENTS AND OTHER AGENCIES Parking prohibited 74-59
OF CITY.See also:BOARDS,COMMIT- Wetlands protection 106-26 et seq.
TEES AND COMMISSIONS See: LAND DEVELOPMENT CODE
City manager
Powers and duties 2-101(6) E
Definitions and rules of construction 1-2
Delegation of authority EARTHQUAKES
Definitions and rules of construction 1-2 Civil emergencies 18-1 et seq.
Fire department 38-56 et seq. See: CIVIL EMERGENCIES
See: FIRE PREVENTION
Joint authority EASEMENTS
Definitions and rules of construction1-2 Subdivisions
Local planning agency 58-56 et seq. Land development code regulations.... 98-1 et seq.
See:PLANNING AND DEVELOPMENT See: LAND DEVELOPMENT CODE
Police department 42-26 ECONOMIC DEVELOPMENT
DEVELOPMENT DISTRICTS Eminent domain powers of council re 2-70
Land development code regulations re zon- ELECTIONS
ing 110-26 et seq. Certain ordinances not affected by Code.. 1-10(a)(16)
See:LAND DEVELOPMENT CODE Early voting exemption 26-5
DEVELOPMENT.See:PLANNING AND DE- Penalties for violations 26-2
VELOPMENT Qualifying period
Generally 26-3
DISCHARGES State election code adopted 26-1
Sewers 78-96 et seq.
See: SEWERS AND SEWAGE DIS- ELECTRICITY
POSAL Fees schedule in general. See: FEES (Ap-
pendix B)
DISCRIMINATION Franchise regulations in general. See:
Cable television franchise. See: FRAN- FRANCHISES(Appendix A)
CHISES(Appendix A) Public service tax 70-26 et seq.
Fair housing See:TAXATION
Discriminatory practices 36-21 et seq. Signs
See:HOUSING Land development code regulations.... 94-1 et seq.
Gas franchise agreement. See: FRAN- See:LAND DEVELOPMENT CODE
CHISES(Appendix A) EMERGENCIES
DISTRICTS Civil emergencies 18-1 et seq.
Land development code regulations re zon- See: CIVIL EMERGENCIES
ing 110-26 et seq. Emergency pad-mounted generators
See: LAND DEVELOPMENT CODE Zoning requirements 110-484
Fire protection services; emergency medi-
DRAINS AND DRAINAGE cal services 38-56
Concurrency management 86-1 et seq. Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE See: LAND DEVELOPMENT CODE
Flood damage prevention 90-26 et seq. Franchise regulations in general. See:
See: LAND DEVELOPMENT CODE FRANCHISES(Appendix A)
Sanitary sewer system 78-26 et seq. Land development code
See: SEWERS AND SEWAGE DIS- Signs;emergency response system 94-77
POSAL Outdoor entertainment events
Street excavations 66-61 et seq. Permit;emergency suspension or cancel-
See: STREETS, SIDEWALKS AND lation of permitted outdoor enter-
OTHER PUBLIC WAYS tainment event 10-77
Subdivisions Purchase 2-221
Land development code regulations.... 98-1 et seq. Sanitary sewer system
See:LAND DEVELOPMENT CODE Termination of service and emergency . 78-58
Supp. No.21 CDi:8
CODE INDEX
LIIIMoe
Section Section
EMERGENCIES(Cont'd.) EXCAVATIONS(Cont'd.)
Services Fees schedule in general. See: FEES(Ap-
Alarm systems 30-26 et seq. pendix B)
See:ALARM SYSTEMS Sanitary sewer system 78-26 et seq.
Fees schedule in general. See: FEES See: SEWERS AND SEWAGE DIS-
(Appendix B) POSAL
Street excavations 66-70 Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
EMINENT DOMAIN OTHER PUBLIC WAYS
Re economic development 2-70
EXHAUST
EMPLOYEES. See: OFFICERS AND EM- Discharge into open air
PLOYEES Noises,enumeration of prohibited 34-153(6)
ENCROACHMENT EXPLOSIONS/EXPLOSIVES
Property maintenance standards 34-91 et seq. Civil emergencies 18-1 et seq.
See: PROPERTY MAINTENANCE See:CIVIL EMERGENCIES
STANDARDS Fireworks 38-81 et seq.
ENGINEER. See: CITY ENGINEER See: FIREWORKS
ENGINEERS AND ENGINEERING F
Street excavations
Engineering details 66-66 FALSE ALARMS. See:ALARM SYSTEMS
ENGINES FALSE STATEMENTS
Discharge into open air of exhaust Receipt application 70-73
Noises,enumeration of prohibited 34-153(6)
FEDERAL GOVERNMENT
ENTERTAINMENT. See: AMUSEMENTS
Federal utilities commission
‘111111e. AND AMUSEMENT PLACES Franchise regulations in general. See:
ENVIRONMENT FRANCHISES(Appendix A)
Abandoned property 34-176 et seq. Franchise regulations in general. See:
See:ABANDONED PROPERTY FRANCHISES(Appendix A)
Land development code regulations re zon- Interpret law
ing 110-26 et seq. City attorney
See: LAND DEVELOPMENT CODE Duties 2-126(3)
Lights 34-206 et seq. Vehicles for hire
See: LIGHTS AND LIGHTING Application of provisions to vehicle,op-
Litter 34-26 et seq. erator regulator by federal govern-
See: LITTER ment 80-2
Noise 34-151 et seq.
See:NOISE FEES
Property maintenance standards 34-91 et seq. Alarm systems
See: PROPERTY MAINTENANCE Fees charged 30-31
STANDARDS Permit fees 30-27
Sanitary sewer system 78-26 et seq. Certain ordinances not affected by Code.. 1-10(a)(7)
See: SEWERS AND SEWAGE DIS- Franchise regulations in general. See:
POSAL FRANCHISES(Appendix A)
Street excavations 66-61 et seq. Impact fees 2-231 et seq.
See: STREETS, SIDEWALKS AND See:IMPACT FEES
OTHER PUBLIC WAYS Outdoor entertainment events
Tree protection,land clearing 102-36 et seq. Permit;fees and deposits 10-73
See: LAND DEVELOPMENT CODE Parks and recreation
Weeds and dead vegetation 34-121 et seq. Commercial beach vendor franchises
See: WEEDS AND DEAD VEGETA- Franchise fee 54-5(c)
TION Property
Wetlands protection 106-26 et seq. Registration and maintenance of prop-
See: LAND DEVELOPMENT CODE erties in foreclosure
Registration fees 82-119
Lille EXCAVATIONS
Building sewers 78-83 Sewer fees where owner has private water
supply 78-154
Supp.No. 21 CDi:9
CAPE CANAVERAL CODE
Section Section
FEES(Cont'd.) FINES,FORFEITURES AND OTHER PEN-
Sexually oriented businesses, adult enter- ALTIES(Cont'd.)
tainment establishments license Franchise regulations in general. See:
Annual license fee 10-103 FRANCHISES(Appendix A)
Application;fee 10-95 General penalty; attorneys' fees and costs 1-15
Solid waste Penalties for specific acts,omissions,viola-
Schedule of fees 62-5 tions,etc. See specific subjects as in-
Street excavations permit fee 66-83 dexed
Vehicles for hire
Driver's permit fee 80-55 FIRE AND RESCUE IMPACT FEES
Fees to be in addition to other taxes and Fees schedule in general. See: FEES (Ap-
charges 80-3 pendix B)
FENCES, WALLS, HEDGES AND ENCLO- FIRE DEPARTMENT. See: FIRE PREVEN-
SURES TION
Land development code regulations re zon- FIRE LANES
ing 110-26 et seq. Designation of 74-62
See: LAND DEVELOPMENT CODE
Signs FIRE PREVENTION
Land development code regulations.... 94-1 et seq. Alarm systems generally 30-26 et seq.
See: LAND DEVELOPMENT CODE See:ALARM SYSTEMS
Bottled gas
FINANCES Use restrictions;permit required 38-5
Annual review 2-211 Conformance 38-34
Building sewers Doors to businesses or public halls 38-6
Cost of installation 78-78 Fire chief
Certain ordinances not affected by Code 1-10(a)(2) Duties 38-58
Court costs for police education and train- Fire department
ing 50-3 Fire protection services;emergency med-
Franchise regulations in general. See: ical services 38-56
FRANCHISES(Appendix A) Volunteer fire department 38-57 'NS)
Fund balance/retained earnings reserves, Fire inspectors
creation of 2-208 Designated as city code inspectors 38-3
Impact fees 2-231 et seq. Life Safety Code re 38-29
See: IMPACT FEES Fire lanes,designation of 74-62
Library board expenditures 46-27 Fire prevention codes
Personal property control 2-207 Florida Fire Prevention Code
Public service tax 70-26 et seq. Adopted 38-26
See:TAXATION Inspector 38-27
Purchasing 2-216 et seq. Land development code;zoning
See:PURCHASES AND PURCHASING Nonconformities
Quarterly report of income and expend i- Intent;rules of interpretation;build-
tures 2-206 ing and fire codes;definitions 110-191
Replenishment of reserve deficits 2-210 Life Safety Code
Sewer impact fees Adopted 38-28
Payment 78-122 Fire inspector 38-29
Use of funds 78-127 Lockboxes required 38-32
Travel reimbursement policies and proce- Fire protection services; emergency medi-
dures 2-300 cal services 38-56
Utilization of surplus reserves 2-209 Fireworks generally 38-81 et seq.
See: FIREWORKS
FINES, FORFEITURES AND OTHER PEN- Flammable materials and liquids
ALTIES Storage and dispensing restrictions 38-4
Certain ordinances not affected by Code.. 1-10(a)(1) Hazardous materials and substances
Code does not affect prior penalties or Abatement
38-91
forfeitures incurred 1-8 Cleanup 38-91
Code enforcement Cost recovery 38-93
Criminal nuisance abatement board Definitions 38-90
Penalties;fines;liens;recording 2-297 Violations and penalties 38-93
Effect of repeal of ordinances on penalties Impact fees generally 2-231et seq.
incurred 1-9(b) See: IMPACT FEES
Supp.No. 21 CDi:10
CODE INDEX
Llie.
Section Section
FIRE PREVENTION(Cont'd.) FRANCHISES(Appendix A)(Cont'd.)
Inspector Cable television franchise
Florida Fire Prevention Code 38-27 Basic service I-26
Life Safety Code. See herein: Fire Preven- City rights in franchise I-19
tion Codes City's rights of intervention I-23
Lockboxes Compliance with applicable laws and
Fire prevention code requirements 38-32 regulations I-5
Required 38-32 Conditions of street occupancy I-13
Private entry gates 38-33 Customer service standards I-9
Safety fees 38-2 Definitions I-2
Smoke detectors to have battery backup.. 38-7 Emergency use of facilities by city I-10
Violations and penalties 38-1 Erection,removal,and common user job
Volunteer fire department 38-57 poles I-24
Forfeiture of franchise I-22
FIREWORKS Grant of non-exclusive franchise I-4
Application for permit;fees 38-83 Legislative findings I-3
Attending firefighters 38-88 Liability and indemnity provision I-7
Definitions 38-81 Maps and additional reports to be filed
Insurance 38-86 by grantee I-20
Investigation of applicant; issuance or de- Other business activities I-11
nial of permit 38-84 Payment to city I-21
Operators 38-85 Preferential or discriminatory practices
Private use, storage, display prohibited; prohibited I-14
public displays authorized by permit Public service I-28
only 38-82 Quality of service I-27
Storage of materials 38-87 Removal of facilities upon request I-15
FIRMS Re-regulation I-25
Persons; definitions and rules of construe- Restrictions on assignment,transfer,sale
L tion extended and applied to 1-2 and subleasing I-16
Safety requirements I-12
FLOOD DAMAGE PREVENTION Severability I-29
Civil emergencies 18-1 et seq. Short title I-1
See:CIVIL EMERGENCIES System upgrade I-8
Fees schedule in general. See: FEES (Ap- Term of franchise I-17
pendix B) Territorial area involved I-6
Generally 90-26 et seq. Electric
See:LAND DEVELOPMENT CODE Captions II-20
Land development code regulations re zon- Competitive disadvantage: termination
ing 110-26 et seq. by grantee II-8
See:LAND DEVELOPMENT CODE Default by grantee II-10
Wetlands protection 106-26 et seq. Default by grantor II-11
See: LAND DEVELOPMENT CODE Definition of"person" II-25
FLOODLIGHTS Effective date II-28
Spill-over lighting requirements 34-206 et seq. Facilities requirements II-2
See:LIGHTS AND LIGHTING Franchise fee II-5
Grant of electric utility franchise: term
FLORIDA RAILROAD AND PUBLIC UTILI- of franchise II-1
TIES COMMISSION Grantor's right to audit II-12
Franchise regulations in general. See: Grantor's rights of intervention I1-22
FRANCHISES(Appendix A) Headings: entire agreement; governing
FLORIDA. See: STATE law II-21
Incorporation into code II-27
FORFEITURE.See:FINES,FORFEITURES Indemnification II-3
AND OTHER PENALTIES Infrastructure hardening II-16
FOWL. See:ANIMALS AND FOWL Jurisdiction and venue II-23
Legislative or regulatory action II-9
FRANCHISES(Appendix A) Most favored nations II-6
(Note—Citations herein refer to articles No joint venture II-18
L1110" and sections contained within Appen- Noncompetition by grantor II-7
dix A Franchises) Notices II-19
Supp. No.21 CDi:11
CAPE CANAVERAL CODE
,....)
Section Section
FRANCHISES(Appendix A)(Cont'd.) FUEL OIL
Preferential or discriminatory practices Public service tax 70-26 et seq.
prohibited II-17 See:TAXATION
Qualified severability II-24
Rates, rules and regulations of grantee 1I-4 G
Renewable energy 11-13
Repeal of prior inconsistent ordinance, GARAGE SALES
resolutions and agreements II-26 Land development code regulations re zon-
Smart grid technology I1-15 ing 110-26 et seq.
Underground ing of facilities II-14 See: LAND DEVELOPMENT CODE
Gas franchise agreement GARBAGE AND TRASH.See:SOLID WASTE
Books and records available to city III-XIV
Definitions III-IV GAS
Design and construction provisions III-XIII Franchise regulations in general. See:
Effective date of franchise;term III-VI FRANCHISES(Appendix A)
Franchise fees III-IX Public service tax 70-26 et seq.
Franchise operation III-VII See: TAXATION
Forfeiture or revocation III-X GENDER
Grant of franchise III-V Definitions and rules of construction 1-2
Indemnification and hold harmless .... III-XII
Liability and insurance III-XI GENERATORS
Miscellaneous provisions III-XVII Emergency pad-mounted generators
Preferential or discriminatory practices Zoning requirements 110-484
prohibited III-XV GIFTS
Purpose and goals III-III Purchasing procedure 2-226(b)
Recitals III-I
Service standards III-XVI GLASS CONTAINERS
Short title III-II Park and recreation prohibitions 54-1
Transfer of ownership or control III-VIII
Telephone GRADES AND GRADING
Company liability: indemnification IV-4 Concurrency management 86-1 et seq.
Compliance with applicable law and or- See: LAND DEVELOPMENT CODE
dinances IV-3 Flood damage prevention 90-26 et seq.
Conditions on street occupancy 5 See: LAND DEVELOPMENT CODE
Definitions IV-1 Street excavations 66-61 et seq.
Fees paid by company IV-7 See: STREETS, SIDEWALKS AND
Grant of permission IV-2 OTHER PUBLIC WAYS
Street grades
Limitations on obligations of city IV 10 Certain ordinances not affected by Code 1-10(a)(10)
Severability IV 11 Tree protection,land clearing 102-36 et seq.
Street occupancy,conditions on IV-5 See: LAND DEVELOPMENT CODE
Terms of rights granted IV-9
Transfer of rights granted herein IV-6 GUTTERS
Litter,sweeping into gutters prohibited... 34-31
FRANCHISES(Generally)
Certain ordinances not affected by Code 1-10(a)(4) H
Franchise regulations in general. See:
FRANCHISES(Appendix A) HANDBILLS
Parks and recreation Litter regulations 34-51 et seq.
Commercial beach vendor franchises... 54-5 See: LITTER
Streets,sidewalks and other public ways
Franchise agreements 66-1 HARASSMENT
Solicitors and itinerant merchants
FRAUD Harassment prohibited 16-28
Solicitors, peddlers and itinerant mer-
chants 16-30 HAZARDOUS MATERIALS AND SUB-
STANCES
F.S. (Florida Statutes) Fire prevention regulations re 38-90 et seq.
Definitions and rules of construction 1-2 See: FIRE PREVENTION
Solid waste generally 62-1 et seq.
SOLID GAS. See: GAS See: SOLID WASTE
Supp. No. 21 CDi:12
CODE INDEX
(klillie'
Section Section
HAZARDOUS MATERIALS AND SUB- HOUSING(Cont'd.)
STANCES(Cont'd.) Land development code
Specifically 62-11(d) Zoning
Rental restrictions on dwelling units 110-487
HEALTH AND SANITATION Vacation rentals 110-486
Abandoned property 34-181 et seq. Property maintenance standards 34-91 et seq.
See:ABANDONED PROPERTY See: PROPERTY MAINTENANCE
Local planning agency 58-56 et seq. STANDARDS
See:PLANNING AND DEVELOPMENT Public service tax
Sanitary sewer system 78-26 et seq. Generally 70-26 et seq.
See: SEWERS AND SEWAGE DIS- See:TAXATION
POSAL Registration and maintenance of proper-
Solid waste 62-1 et seq. ties in foreclosure 82-116 et seq.
See: SOLID WASTE See: PROPERTY
Tree protection,land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE HURRICANES
Weeds and dead vegetation 34-121 et seq. Civil emergencies 18-1 et seq.
See: WEEDS AND DEAD VEGETA- See: CIVIL EMERGENCIES
TION
I
HEIGHT
Land development code regulations re zon- IMPACT FEES
ing 110-26 et seq. Capital expansion plans 2-237
See:LAND DEVELOPMENT CODE Capital expansion trust funds
Outdoor entertainment events Collection;deposit 2-236(b)
Permit;temporary structures;integrity, Established 2-236(a)
height,location 10-69 Use 2-236(c)
Certain ordinances not affected by Code 1-10(a)(18)
(iiiipoi HOME OCCUPATIONS Exemptions 2-232
Construction noise 34-154 Fees schedule in general. See: FEES (Ap-
Land development code regulations re zon- pendix B)
ing 110-`6 et seq. Land development code
See: LAND DEVELOPMENT CODE Concurrency management system
Sexually oriented businesses, adult enter- Transportation facility proportionate
tainment establishments fair-share mitigation program
Local business tax receipts/home occu- Impact fee credit for proportionate
pations 10-128 fair-share mitigation 86-27
HOOTING Levy and purpose 2-231
Noises,enumeration of prohibited 34-153(4) Partial waiver authorized 2-235
Payment 2-234
HORNS Sanitary sewer impact fees 78-121 et seq.
Noises,enumeration of prohibited 34-153(1) See:UTILITIES
Schedules 2-233
HOUSING Sewers 78-121 et seq.
Fair housing See: SEWERS AND SEWAGE DIS-
Additional remedies 36-6 POSAL
Administrator authority and responsibil-
ities 36-3 IMPRISONMENT.See:PRISONS AND PRIS-
Complaints 36-4 ONERS
Declaration of policy 36-1
Definitions 36-2 IMPROVEMENTS. See: PUBLIC WORKS
Discriminatory practices AND IMPROVEMENTS
Exemptions and exceptions 36-22 INDECENCY AND OBSCENITY
Unlawful housing practices 36-21 Sexually oriented businesses, adult enter-
Education and public information 36-7 tainment establishments 10-86 et seq.
Penalty 36-9 Obscenity;indecent exposure unlawful. 10-89
Processing complaints 36-5
Untruthful complaints or testimony36-8 INDIVIDUALS
L Flood damage prevention 90-26 et seq. Persons; definitions and rules of construc-
See:LAND DEVELOPMENT CODE tion extended and applied to 1-2
Supp.No.21 CDi:13
CAPE CANAVERAL CODE
NMISection Section
INSPECTIONS
Building inspection service 82-21
Building sewers
Notice for 78-79
Code enforcement citations
Enter upon property,authorization to2-290
Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE
Property
Registration and maintenance of prop-
erties in foreclosure
Mortgagee inspection requirements . 82-120
Reinspection fees
Fees schedule in general. See: FEES
(Appendix B)
Signs
Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
Street excavations 66-63
Streets,sidewalks and other public ways
Excavations;permit
Inspections 66-85
Vehicles for hire,mechanical inspections80-76(d)
INSURANCE AND INSURANCE COMPA-
NIES
Fireworks 38-86
Franchise regulations in general. See:
FRANCHISES(Appendix A)
Outdoor entertainment events
Permit insurance requirements 10-63
Signs
Land development code regulations 94-1et seq.
See:LAND DEVELOPMENT CODE
Vehicles for hire 80-5
INTERSECTIONS
Visibility at intersections
Land development code regulations re
zoning 110-26 et seq.
See: LAND DEVELOPMENT CODE
INTOXICATING BEVERAGES. See: ALCO-
HOLIC BEVERAGES
ITINERANT MERCHANTS.See:PEDDLERS,
CANVASSERS AND SOLICITORS
J
JOINT AUTHORITY
Definitions and rules of construction 1-2
L
LAND CLEARING
Tree protection 102-36 et seq.
See:LAND DEVELOPMENT CODE
3
Supp.No. 21 CDi:14
CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Final plat Prohibitions 102-44
Application for approval 98-60 Remedial action 102-49
Conformance to preliminary plat . 98-56 Special waiver provision 102-42
Data required for final approval.. 98-58 Specimen trees 102-41
Documents required prior to ap- Title; applicability; intent and pur-
proval 98-59 pose;exceptions 102-37
Planning and zoning board and Tree replacement guidelines 102-43
city council review; general Voluntary tree planting 102-47
criteria for approval 98-61 Waivers;incentive program;adminis-
Recording 98-62 trative interpretation appeals;
Lot splits 98-66 incentive program 102-48
Preapplications Undesirable species,list of 102-45
Review procedures 98-36 Unsafe building abatement code 82-56 et seq.
Preliminary plat See herein:Buildings and Building Reg-
City review 98-45 ulations
General criteria for approval 98-47 Variances
Information required 98-41 Generally 94-85
Planning and zoning board proce- Stormwater management 90-121
dures 98-46 Subdivisions 98-4
Time limit 98-48 Variances,special exceptions,rezonings,
Purpose 98-2 administrative appeals 10-26 et seq.
Remedies 98-6 See herein:Zoning
Variance Vegetation
Application 98-4(b) Tree protection 102-26 et seq.
Conditions 98-4(e) See herein:Tree Protection
Hardship 98-4(a) Vegetation buffers
Prerequisites to granting 98-4(d) Stormwater management
(11111111111e- Public hearing;notice 98-4(c) Native vegetation buffers 90-177
Wetlands protection requiring subdivi- Vehicles
sion plat 106-28 Signs on 94-6W
Surface and storm drainage Vested rights
Subdivision design standards 98-111 Concurrency management 86-13
Surface water Viewpoint neutral 94-115
Channeled into sanitary sewer 90-170 Water supply
Temporary storage units 82-400 Subdivision improvements 98-89
Traffic Wetlands protection
Concurrency management Definitions 106-26
Generally 86-1 et seq. Development requiring site plan or sub-
See herein: Concurrency Manage- division plat 106-28
ment Mitigation 106-31
Signs constituting traffic hazards 94-62(c) Permitted uses 106-29
Tree protection Prohibited uses 106-30
Land clearing Purpose and intent 106-27
Definitions 102-36 Wind pressure and dead load
Development and construction Signs 94-9
Tree protection during;periodic in- Zoning
spection 102-46 AlA Economic Opportunity Overlay Dis-
Enforcement and penalties 102-38 trict
Implementing division Administration
Rules and regulations and fees 102-51 General 110-605
List of Intent 110-604
Desirable species and plants 102-52 Nonconforming uses,structures and
Preferred plant list 102-54 buildings 110-608
Undesirable species 102-53 Plan submittals 110-607
Minimum tree requirement 102-45 Procedures for design compatibil-
Open burning of natural cover 102-50 ity approvals 110-606
Permits 102-39 Similar and compatible uses 110-610
L Criteria;exemptions;standards of Use matrix 110-609
review 102-40 Applicability 110-587
Supp.No. 21 CDi:21
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.1
Architectural guidelines Utility and service areas 110-629
Articulation 110-643 Access
Awnings and canopies 110-654 C-1 Low Density Commercial District 110-339
Building continuity 110-644 Generally 110-472
Color 110-653 Offstreet parking 110-493
Entry treatment 110-648 R-1 Low Density Residential District 110-278
Exterior surface materials 110-650 R-2 Medium Density Residential Dis-
Ground floor lighting 110-655 trict 110-298
Intent 110-641 R-3 Medium Density Residential Dis-
Proportion 110-646 trict 110-318
Rhythm 110-647 Accessories
Roof lines 110-649 Swimming pools 110-583
Scale 110-645 Accessory uses and structures
Similar and compatible design 110-642 C-1 Low Density Commercial District 110-333
Storefronts 110-652 C-2 Commercial/Manufacturing Dis-
Utilities and stormwater manage- trict 110-382
ment area screening 110-656 Generally 110-468
Windows and transparency 110-651 M-1 Light Industrial and Research
Boundary and organization 110-586 and Development District 110-353
Definitions 110-592 R-1 Low Density Residential District 110-273
Design principles 110-591 R-2 Medium Density Residential Dis-
Goals 110-589 trict 110-293
Introduction 110-585 R-3 Medium Density Residential Dis-
Landscaping trict 110-313
Building landscaping 110-688 Residential planned unit develop-
Commercial site plan review 110-684 ments 110-439
Intent 110-683 Administrative review
Project perimeter 110-687 Appeal notice,hearing 110-29(b)
Screening between commercial or Authority 110-29(a)
industrial zoning districts or Stay of proceedings 110-29(c)
uses and residential districts Alcoholic beverages
or uses 110-686 Special exceptions for establishments
Surface parking lots 110-689 serving 110-171
Water efficient landscaping 110-685 Temporary alcoholic beverage per-
Objectives 110-590 mits 110-172
Parking Appeals
Intent 110-668 Special exceptions. See herein: Vari-
Parking structures 110-671 ances,Special Exceptions,Rezon-
Shared parking 110-670 ings,Administrative Appeals
Surface parking 110-669 Annexations
Purpose 110-588 Zoning classification of 110-256
Signage Antenna
All signs 110-702 Residential use/Satellite dishes 110-478
Awning signs 110-703 Wireless communications 110-483
Hanging signs 110-707 Area
Intent 110-701 C-1 Low Density Commercial District 110-336
Pedestrian signs 110-704 Dimension or area reduction below
Projecting signs 110-705 minimum 110-254
Wall signs 110-706 M-1 Light Industrial and Research
Window signs 110-708 and Development District 110-356
Site planning R-1 Low Density Residential District 110-276
Building height 110-624 R-3 Medium Density Residential Dis-
Building orientation 110-623 trict 110-316
Building setback 110-625 Residential planned unit develop-
Intent 110-621 ments
LEED or LEED equivalent design 110-622 Minimum lot area 110-439
Lot coverage 110-627 Reuse of area used for density calcu-
On-site circulation 110-628 lation 110-253
Project size 110-626 Townhouses 110-372
Supp. No. 21 CDi:22
CODE INDEX
Lioi
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Atomic energy uses 110-480 Special exceptions permissible by
Board of adjustment 110-2 board of adjustment 110-383
See also herein: Variances, Special Camping equipment
Exceptions, Administrative Ap- Location of 110-551
peals Camping equipment,boats and boat trail-
Boats and boat trailers ers,location of 110-551
Living aboard 110-552 Certificate of occupancy
Location of 110-551 Hotels and motels 110-122
Bonding Required 110-121
Residential planned unit develop- Commercial districts
ments 110-407 C-1 Low Density Commercial District 110-331 et seq.
Boundaries See within subheading: C-1 Low
Reconsideration of district boundary Density Commercial District
changes 110-139 C-2 Commercial/Manufacturing Dis-
Rules for interpretation of district trict 110-380 et seq.
boundaries 110-248 See within this subheading: C-2
Breeze requirements Commercial/Manufacturing
R-3 Medium Density Residential Dis- District
trict, minimum breeze require- Landscaping and screening between
ment 110-319 commercial or industrial zoning
Building official districts and residential zoning
Duties of 110-88 districts 110-566
Building permits Commercial uses
Residential planned unit develop- Buildings required for 110-481
ments 110-406 Common recreation and open space
Townhouses 110-378 Residential planned unit develop-
Buildings ments,minimum 110-404, 110-
'‘1111111111or' Continuance of nonconforming struc- 438
tures 110-193 Complaints of violations 110-90
Lot and street requirements for 110-255 Conflicts with other ordinances 110-86
Nonconforming uses of structures or Conformity to plans, specifications, in-
of structures and premises in tendment uses and applications 110-91
combination,change of use .... 110-195 Construction
Required for commercial uses 110-481 Swimming pools 110-581
Setback lines 110-536 Courts,minimum width of 110-473
Structures approved by special excep- Dedication
tions 110-161 Public easement 110-477
C-1 Low Density Commercial District Public land 110-476
Accessory uses and structures 110-333 Definitions 110-1
Area and dimensions 110-336 Density
Assisted living facilities 110-488 C-1 Low Density Commercial District 110-331 et seq.
Intent;applicability 110-331 See within subheading: C-1 Low
Landscaping, screening and parking 110-338 Density Commercial District
Minimum setbacks 110-337 R-1 Low Residential District 110-271 et seq.
Offstreet parking and access 110-339 See within subheading: R-1 Low
Principal uses and structures 110-332 Residential District
Prohibited uses and structures 110-335 R-2 Medium Density Residential Dis-
Special exceptions permissible by trict 110-291 et seq.
board of adjustment 110-334 See within subheading: R-2 Me-
C-2 Commercial/Manufacturing District dium Density Residential Dis-
Accessory uses and structures 110-382 trict
Area and dimensions 110-385 R-3 Medium Density Residential Dis-
Intent;applicability 110-380 trict 110-311 et seq.
Landscaping, screening and parking 110-387 See within subheading: R-3 Me-
Minimum setbacks 110-386 dium Density Residential Dis-
Parking and loading 110-389 trict
Performance standards 110-388 Residential planned unit develop-
Principal uses and structures 110-381 ments
LI11110' Prohibited uses and structures 110-384 Maximum density 110-437
Supp. No. 21 CDi:23
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Reuse of area used for density calcu- Drainage systems
lation 110-253 Residential planned unit develop-
Development districts ments 110-404
M-1 Light Industrial and Research Dune crossovers
and Development District 110-351 et seq. R-3 Medium Density Residential Dis-
See within this subheading: M-1 trict 110-320
Light Industrial and Research Easements
and Development District Dedicated public easements 110-477
Development plans Emergency pad-mounted generators 110-484
Residential planned unit develop- Encroachments
ments 110-421 et seq. Setbacks 110-328
See within this subheading: Resi- Fences,walls and hedges 110-470
dential Planned Unit Devel- Floor area
opments Residential planned unit develop-
Development schedule ments, minimum 110-441
Townhouses 110-379 Frontage
Development standards Residential planned unit develop-
Residential planned unit develop- ments 110-439
ments 110-444 Garage sales 110-467
Dimensions Generators
C-1 Low Density Commercial District 110-336 Emergency pad-mounted generators. 110-484
M-1 Light Industrial and Research Height
and Development District 110-356 District 110-251
Offstreet loading 110-507 Exceptions to regulations 110-471
R-1 Low Density Residential District 110-276 Home occupations
R-2 Medium Density Residential Dis- Local business tax receipt required110-523
trict 110-296 Permitted home occupations 110-521
3
11-3 Medium Density Residential Dis- Requirements 110-522
trict 110-316
Hotels and motels
Townhouses 110-372 Certificate of occupancy 110-122
Individually platted lots
Districts
Townhouses 110-377
Annexations, zoning classification of. 110-256 Industrial districts
Application of district requirements. 110-249 Landscaping and screening between
Conformity 110-250 commercial or industrial zoning
Dimension or areas reduction below districts and residential zoning
minimum 110-254 districts 110-566
Duplicate use of setbacks,open space, M-1 Light Industrial and Research
parking space 110-252 and Development District 110-351 et seq.
Lot and street requirements for strut- See within this subheading: M-1
tures 110-255 Light Industrial and Research
Official zoning map and Development District
Adopted 110-246 Intersections
Replacement 110-247 Visibility at 110-469
Reconsideration of district boundary Interpretation of provisions 110-87
changes 110-139 Land
Regulations for specific districts. See Continuance of nonconforming uses
within specific districts as in- of 110-194
dexed Landscaping and vegetation
Reuse of area used for density calcu- AlA Economic Opportunity Overlay
lations 110-253 District 110-683 et seq.
Rules for interpretation of district See within this subheading:Land-
boundaries 110-248 scaping
Structure, height, maximum use, lot C-1 Low Density Commercial District 110-338
area,setbacks 110-251 C-2 Commercial/Manufacturing Dis-
Unusual uses or uses not specifically trict 110-387
permitted 110-257 Interior landscaping for offstreet park-
Donation bins prohibited 110-490 ing areas 110-567
Supp.No. 21 CDi:24
IIIINIIIIIeCODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Landscaping and screening between Medium density residential district
commercial or industrial zoning R-2 Medium Density Residential Dis-
districts and residential zoning trict 110-291 et seq.
districts 110-566 See within subheading: R-2 Me-
M-1 Light Industrial and Research dium Density Residential Dis-
and Development District 110-358 trict
Length of structures R-3 Medium Density Residential Dis-
Residential planned unit develop- trict 110-311 et seq.
ments,maximum 110-440 See within subheading: R-3 Me-
Light industrial districts dium Density Residential Dis-
M-1 Light Industrial and Research trict
and Development District 110-351 et seq. Mobile home parks
See within this subheading: M-1 Nonconforming uses 110-192
Light Industrial and Research
and Development District Nonconformities
Liquefied petroleum gas 110-485 Abandonment 110-197
Loading Continuance of nonconforming struc-
M-1 Light Industrial and Research tures 110-193
and Development District 110-360 Continuance of nonconforming uses
Local business tax receipt required 110-523 of land 110-194
Location Intent; rules of interpretation;build-
Offstreet loading 110-507 ing and fire codes;definitions.. 110-191
Recreational vehicles,camping equip- Mobile home parks and single-family
ment,boats and boat trailers 110-551 mobile home districts 110-192
Spaces Nonconforming lots of record 110-196
Offstreet parking 110-492 Nonconforming uses of structures or
Lime Swimming pools 110-581 of structures and premises in
Lots combination;change of use .... 110-195
Area Repairs and maintenance 110-198
District 110-251 Special permit 110-200
Residential planned unit develop- Temporary uses 110-199
ments 110-439 Number of spaces
Erection of more than one principal Offstreet parking 110-491
structure on 110-537
Requirements for structures 110-255 Official zoning map
Low density commercial district Adopted 110-246
C-1 Low Density Commercial District 110-331 et seq. Replacement 110-247
See within subheading: C-1 Low Offstreet loading
Location and dimensions of space 110-507
Density Commercial District
Low density residential district Requirements spaces 110-506
R-1 Low Residential District 110-271 et seq. Offstreet parking
See within subheading: R-1 Low Access 110-493
Density Residential District C-1 Low Density Commercial District 110-339
M-1 Light Industrial and Research and Interior landscaping for offstreet park-
Development District ing areas 110-567
Accessory uses and structures 110-353 Location spaces 110-492
Area and dimension 110-356 Number of spaces required 110-491
Intent;applicability 110-351 R-1 Low Density Residential District 110-278
Landscaping, screening and parking 110-358 R-2 Medium Density Residential Dis-
Minimum setbacks 110-357 trict 110-298
Parking and loading 110-360 R-3 Medium Density Residential Dis-
Performance standards 110-359 trict 110-318
Principal uses and structures 110-352 Residential planned unit develop-
Prohibited uses and structures 110-355 ments 110-442
Special exceptions permissible by Townhouses 110-374
board of adjustment 110-354 Open space
(1111ile' Maximum use Duplicate use of 110-252
District 110-251 Pain management clinic regulations ... 110-489
Supp.No. 21 CDi:25
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Parking Planning and zoning board 110-3
AlA Economic Opportunity Overlay Preservation
District 110-668 et seq. Residential planned unit develop-
See within this subheading: Park- ments 110-445
ing Principal uses and structures
C-1 Low Density Commercial District 110-338 C-1 Low Density Commercial District 110-332
C-2 Commercial/Manufacturing Dis- C-2 Commercial/Manufacturing Dis-
trict 110-387, 110- trict 110-381
389 M-1 Light Industrial and Research
Certain vehicles 110-554 and Development District 110-352
M-1 Light Industrial and Research R-2 Medium Density Residential Dis-
and Development District 110-358, 110- trict 110-292
360 Private roads and other related common
R-3 Medium Density Residential Dis- facilities
trict Residential planned unit develop-
Protection of public beach-end park- ments 110-404
ing 110-321 Prohibited uses and structures
Parking space C-2 Commercial/Manufacturing Dis-
Duplicate use of 110-252 trict 110-384
Paving of vehicular use area 110-555 M-1 Light Industrial and Research
Penalties for violations 110-89 and Development District 110-355
Performance standards R-1 Low Density Residential District 110-275
Application of 110-466 R-2 Medium Density Residential Dis-
M-1 Light Industrial and Research trict 110-295
and Development District 110-359 R-3 Medium Density Residential Dis-
Permissible uses and structures trict 110-315
R-1 Low Density Residential District 110-272 Public land
R-3 Medium Density Residential Dis- Dedicated 110-476
trict 110-312 R-1 Low Density Residential District
Permits Accessory uses and structures 110-273
Application 110-107 Area and dimensions 110-276
Expiration 110-108 Intent 110-271
Required 110-106 Minimum setbacks 110-277
Temporary alcoholic beverage per- Offstreet parking and access 110-278
mits 110-172 Principal uses and structures 110-272
Permitted home occupation 110-521 Prohibited uses and structures 110-275
Permitted uses Special exceptions permissible by
Residential planned unit develop- board of adjustment 110-274
ments 110-403 R-2 Medium Density Residential Dis-
Townhouses 110-371 trict 110-296
Physical review Accessory uses and structures 110-293
Residential planned unit develop- Area and dimension 110-296
ments 110-405 Intents 110-291
Planned developments Minimum setbacks 110-297
Building permit 110-725 Offstreet parking and access 110-298
Common open space, drainage sys- Principal uses and structures 110-292
tems,and other related common Prohibited uses and structures 110-295
facilities 110-723 Special exceptions permissible by
Definitions 110-720 board of adjustment 110-294
Enforcement 110-727 R-3 Medium Density Residential Dis-
Permitted uses 110-722 trict
Physical review 110-724 Accessory uses and structures 110-313
Planned development plans Areas and dimensions 110-316
Application procedures 110-740 Assisted living facilities 110-488
Concept plan 110-741 Dune crossovers required 110-320
Land use plan 110-742 Intent 110-311
Site/construction plan 110-743 Minimum breeze requirement 110-319
Purpose and intent 110-721 Minimum setbacks 110-317
Revocation 110-726 Offstreet parking and access 110-318
Supp.No. 21 CDi:26
CODE INDEX
LSection Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Principal uses and structures 110-312 Preservation of trees 110-445
Prohibited uses and structures 110-315 Underground utilities 110-443
Protection of public beach-end park- Permitted uses 110-403
ing 110-321 Physical review 110-405
Special exception permissible by board Purpose and intent 110-402
of adjustment 110-314 Termination zone 110-408
Recreational vehicles Residential use antennas 110-478
Location of 110-551 Rezoning.See herein:Variances,Special
Regulations pertaining to specific dis- Exceptions,Rezonings,Administra-
tricts. See within specific districts tive Appeals
as indexed Satellite dishes 110-478
Rental restrictions on dwelling units... 110-487 Schedule of fees,charges and expenses110-92
Repairs and maintenance Screening
Nonconformities 110-198 C-1 Low Density Commercial District 110-338
Research and development districts C-2 CommerciallManufacturing Dis-
M-1 Light Industrial and Research trict 110-387
and Development District 110-351 et seq. Commercial or industrial districts... 110-566
See within this subheading: M-1 M-1 Light Industrial and Research
Light Industrial and Research and Development District 110-358
and Development District Setbacks
Residential districts Building setback lines 110-536
R-1 Low Density Residential District 110-271 et seq. C-1 Low Density Commercial Dis-
See within subheading: R-1 Low trict,minimum setbacks 110-337
Density Residential District C-2 Commercial/Manufacturing Dis-
R-2 Medium Density Residential Dis- trict 110-386
trict 110-291 et seq. District 110-251
See within subheading: R-2 Me- Duplicate use of 110-252
Liedium Density Residential Dis-
trict Erection of more than one principal
R-3 Medium Density Residential Dis- structure on lot 110-537
trict 110-311 et seq. M-1 Light Industrial and Research
See within subheading: R-3 Me- and Development District 110-357
dium Density Residential Dis- R-1 Low Density Residential District,
trict minimum setbacks 110-277
Residential planned unit developments R-2 Medium Density Residential Dis-
Bonding 110-407 trict 110-297
Building permit 110-406 R-3 Medium Density Residential Dis-
Common open space, drainage sys- trict,minimum setbacks 110-317
tems, private roads and other Residential planned unit develop-
related common facilities 110-404 ments 110-439
Development plans Swimming pools,minimum 110-584
Application 110-421 Townhouses,minimum setbacks .... 110-373
Procedure for approval of final de- Sewage disposal 110-479
velopment plan 110-423 Sidewalks
Procedure for receiving approval of Required 110-475
preliminary development plan Signs 94-64(a)
and tentative zoning 110-422 Single-family mobile home districts
Enforcement 110-409 Nonconformities 110-192
Land use regulations Site plans
Development standards 110-444 Criteria required 110-222
Maximum density 110-437 Expiration 110-224
Maximum length of structures ... 110-440 Review procedures 110-223
Minimum common recreation and Submittal and review required 110-221
open space 110-438 Special exceptions
Minimum floor area 110-441 Alcoholic beverages
Minimum lot area; frontage; set- Establishment serving alcoholic
backs;accessory uses 110-439 beverages 110-171
cssoe Minimum size 110-436 Temporary alcoholic beverage per-
Offstreet parking 110-442 mits 110-172
Supp. No. 21 CDi:26.1
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Structures and uses approved by spe- Applications 110-29
cial exception 110-161 Attendance required at public hear-
Variances, special exceptions, rezon- ings; postponement of hearings 110-30.1
ings,administrative appeals.See Authority 110-27
herein that subject Due process 110-28
Special exceptions permissible by board Expiration of variance or special ex-
of adjustment ception;abandonment 110-32
C-1 Low Density Commercial District 110-334 Intent and purpose 110-26
M-1 Light Industrial and Research Reconsideration 110-31
and Development District 110-354 Rezonings
R-1 Low Density Residential District 110-274 Procedure 110-35
R-2 Medium Density Residential Dis- Rezoning applicant obligations 110-34
trict 110-294 Special exception
R-3 Medium Density Residential Dis- Applicant obligations 110-38
trict 110-314 Procedure 110-39
Storing Special notice requirements 110-28
Certain vehicles 110-554 Staff review; application deficiencies. 110-30
Streets Variances
Requirements for structures 110-255 Applicant obligations 110-36
Structures.See within subheading:Build- Procedure 110-37
ings Vegetation.See within this subheading:
Swimming pools Landscaping or Vegetation
Accessories 110-583 Vehicles and vessels
Barriers 110-582 Living aboard boats 110-552
Construction and location 110-581 Living or residing in boats, utility
Minimum setbacks 110-584 trailers,recreational vehicles and
Temporary uses special purpose vehicles 110-553
Nonconformities 110-199 Location of recreational vehicles,camp-
Termination zone ing equipment, boats and boat
Residential planned unit develop- trailers 110-551
ments 110-408 Parking and storage of certain vehi-
Towers des 110-554
Wireless communications 110-483 Paving of vehicular use areas 110-555
Townhouses Vehicle rental facility 110-556
Area and dimensions 110-372 Vehicular use areas,paving of 110-555
Building permit 110-378 Vessels.See within this subheading:Ve-
Development schedule 110-379 hides and Vessels
Individually platted lots 110-377 Visibility at intersections 110-469
Minimum setbacks 110-373 Water areas 110-474
Offstreet parking 110-374 Width
Permitted use 110-371 Courts,minimum width of 110-473
Utilities 110-375 Wireless communications towers and an-
Underground utilities tennas 110-483
Residential planned unit develop- Zoning districts. See herein: Zoning
ments 110-443
Required 110-482
Unusual uses or uses not specifically
permitted 110-257
Uses
Approved by special exceptions 110-161
Utilities
Townhouses 110-375
Underground,required 110-482
Vacation rentals 110-486
Variances,special exceptions,rezonings,
administrative appeals;procedures
Abandonment 110-32
Administrative appeals 110-40
,...)Appellate review 110-33
Supp.No. 21 CDi:26.2
CODE INDEX
Lipe
Section Section
LANDSCAPING LICENSES AND PERMITS(Cont'd.)
Appearance and maintenance 34-99 Concurrency management system 86-1 et seq.
Land development code regulations re zon- See: LAND DEVELOPMENT CODE
ing 110-26 et seq. Excavations
See:LAND DEVELOPMENT CODE Street excavation permit requirements. 66-81 et seq.
Landscape irrigation Fees schedule in general. See: FEES (Ap-
Applicability;purpose and intent 91-2
pendix B)
Definitions 91-1 Fireworks permit(public display) 38-82 et seq.
Enforcement and penalties 91-7
Exceptions to landscape irrigation sched- Flood damage prevention 90-26 et seq.
ules 91-4 See:LAND DEVELOPMENT CODE
Landscape irrigation schedules 91-3 Land development code regulations re zon-
Required irrigation system technology 91-5 ing 110-26 et seq.
Variance from specific day of the week See: LAND DEVELOPMENT CODE
limitations 91-6 Land development code;zoning
Sanitary sewer system 78-26 et seq. Nonconformities
See: SEWERS AND SEWAGE DIS- Special permit 110-200
POSAL Motion and still photography production
Tree protection,land clearing 102-36 et seq. permits 16-60 et seq.
See: LAND DEVELOPMENT CODE See: PHOTOGRAPHY
LAW ENFORCEMENT Outdoor entertainment events 10-61 et seq.
Alarm systems generally 30-26 et seq. See: OUTDOOR ENTERTAINMENT
See:ALARM SYSTEMS EVENTS
Impact fees generally 2-231 et seq. Sewer impact fee requirements 78-125
See: IMPACT FEES Sexually oriented business license 10-93 et seq.
Police department 42-26 Signs
Land development code regulations.... 94-1 et seq.
LiWe' LEASES See: LAND DEVELOPMENT CODE
Certain ordinances not affected by Code 1-10(a)(2) Solicitors, peddlers and itinerant mer-
City attorney chants permit requirement 16-51 et seq.
Duties 2-126(6) See: PEDDLERS, CANVASSERS AND
LIBRARY SOLICITORS
Established 46-1 Street excavation permit requirements ... 66-81 et seq.
Fees schedule in general. See: FEES (Ap- See: STREETS, SIDEWALKS AND
pendix B) OTHER PUBLIC WAYS
Impact fees generally 2-231 et seq. Temporary storage units(permit) 82-400
See: IMPACT FEES Tree protection,land clearing 102-39, 102-40
Library board Vehicles for hire
Created 46-26 Certificate of public convenience and ne-
Expenditures 46-27 cessity license 80-26 et seq.
Indebtedness 46-33 Driver's permit 80-51 et seq.
Liability of city limited 46-31 Licenses and fees to be in addition to
Meetings 46-30 other taxes and charges 80-3
Reports to council 46-32 Vested rights 115-3 et seq.
LICENSES AND PERMITS See:VESTED RIGHTS
Adult entertainment establishment license 10-93 et seq. Wastewater discharge permits 78-98
Alarm systems 30-27 et seq.
See:ALARM SYSTEMS LIENS
Building sewers Abandoned property
Permit for connections 78-77 Collection of lien on private property re
Buildings and building regulations 82-1 et seq. towing,storage,expenses 34-188
See:LAND DEVELOPMENT CODE Application for satisfaction or release of
Community appearance review board code enforcement liens 2-260
Permits Code enforcement
Appeals and review 22-46 Criminal nuisance abatement board
Application criteria 22-44 Penalties;fines;liens; recording 2-297
Approval prerequisite for permits... 22-40
LIIIIe Building permits;enforcement 22-47 LIFE SAFETY CODE. See: FIRE PREVEN-
Notice of approval or denial 22-43 TION
Supp.No. 21 CDi:27
CAPE CANAVERAL CODE
Section Section
LIGHT INDUSTRIAL DISTRICT LOADING AND UNLOADING
Land development code regulations re zon- Offstreet loading
ing 110-26 et seq. Land development code regulations re
See:LAND DEVELOPMENT CODE zoning 110-26 et seq.
LIGHTS AND LIGHTING See: LAND DEVELOPMENT CODE
Out of repair vehicles
Definitions 34-206 Noises,enumeration of prohibited 34-153(7)
Exceptions 34-210
Method of measurement 34-211 LOADS
Policy established 34-207 Truck loads causing litter 34-34
Sea turtles LOCAL IMPROVEMENTS. See: PUBLIC
Publicly owned lighting regulations.... 14-57 WORKS AND IMPROVEMENTS
Signs 94-63
Solid waste LOCAL PLANNING AGENCY
Transporting regulations 62-7 Designation and establishment 58-56 et seq.
Spill-over lighting standards established.. 34-209 See:PLANNING AND DEVELOPMENT
Vehicles for hire 80-76(c)
LOTS
LIQUEFIED PETROLEUM GAS Land development code regulations re zon-
Land development code ing 110-26 et seq.
Zoning; liquefied petroleum gas 110-485 See:LAND DEVELOPMENT CODE
Public service tax 70-26 et seq. Subdivisions
See:TAXATION Land development code regulations.... 98-1 et seq.
LITTER AND LITTERING See:LAND DEVELOPMENT CODE
Abatement;assessment 34-43 LOUDSPEAKERS
Aircraft,dropping from 34-35 Noises,enumeration of prohibited 34-153(3)
Burial of trash,rubbish or other debris... 34-41.
Definitions 34-26 M
Enforcement 34-42
Gutters,sweeping into prohibited 34-31 MALT BEVERAGES.See:ALCOHOLIC BEV-
Handbills ERAGES
Depositing on uninhabited or vacant MANUFACTURED GAS
premises 34-53
Distribution prohibited where property Public service tax 70-26 et seq.
posted 34-54 See:TAXATION
Inhabited private premises,distribution MAPS. See: SURVEYS,MAPS AND PLATS
at 34-55
Throwing or distributing in public places 34-51 MARQUEES
Vehicles,placing on 34-52 Signs
Merchant's Land development code regulations.... 94-1 et seq.
Duty to keep sidewalks free of litter 34-32 See: LAND DEVELOPMENT CODE
Occupied private property,depositing on34-37 MAYOR
Owner's maintenance of premises 34-38 City manager
Posting notices prohibited 34-40
Powers and duties 2-101(3)
Property maintenance standards 34-91 et seq. Civil emergencies generally 18-1 et seq.
See: PROPERTY MAINTENANCE See: CIVIL EMERGENCIES
STANDARDS Persons authorized to declare 18-2
Public places,litter in 34-29
Receptacles,placement in 34-30 MEDICAL SERVICES
River or other body of water,throwing in 34-36 Fire protection services; emergency medi-
Sidewalks cal services 38-56
Merchant's duty to keep sidewalks free MERCHANTS.See:PEDDLERS,CANVASS-
of litter 34-32 ERS AND SOLICITORS
Truck loads 34-34
Unlawful deposit 34-28 METERS
Vacant lots,depositing on 34-39 Franchise regulations in general. See:
Vehicles FRANCHISES(Appendix A)
Litter throwing by persons in vehicle 34-33 Outdoor entertainment events
Wetlands protection 106-26 et seq. Permit;metered parking 10-72
See:LAND DEVELOPMENT CODE Taximeters 80-76(f)
Supp.No. 21 CDi:28
CODE INDEX
LIMOol
Section Section
MINORS MOTOR VEHICLES AND TRAFFIC(Cont'd.)
Fireworks Dune parking prohibited 74-59
Operator regulations 38-85 Fire lanes,designation of 74-62
Sexually oriented businesses, adult enter- No parking zones,authority to establish 74-58
tainment establishments 10-86 et seq. Overnight parking 74-61
Unlawful provisions re minors 10-122 Penalties 74-57
MOBILE HOMES AND MOBILE HOME Prohibited in rights-of-way 74-56.5
PARKS State law adopted 74-56
Truck parking 74-60
Flood damage prevention 90-26 et seq. Signs
See: LAND DEVELOPMENT CODE Land development code regulations.... 94-1 et seq.
Land development code regulations re zon- See: LAND DEVELOPMENT CODE
ing 110-26 et seq. Truck routes 74-32
See: LAND DEVELOPMENT CODE Solicitors, peddlers and itinerant mer-
Land development code;zoning
chants 16-26 et seq.
Nonconformities
See: PEDDLERS, CANVASSERS AND
Mobile home parks and single-family
SOLICITORS
mobile home districts 110-192 Solid waste
MONIES OF CITY. See:FINANCES Transporting regulations 62-7
Stopping and standing. See herein: Park-
MONTHS ing,Stopping and Standing
Definitions and rules of construction 1-2 Through streets,parking,etc.
Public service tax,monthly computation70-34 Certain ordinances not affected by Code 1-10(a)(8)
MONUMENTS AND MARKERS Travel on other than streets or highways. 74-1
Subdivisions Trucks
Land development code regulations 98-1 et seq. Applicability of provisions 74-27
See: LAND DEVELOPMENT CODE Definitions 74-26
Exceptions 74-29
LI110," MOTOR VEHICLES AND TRAFFIC Parking 74-60
Alcoholic beverages Penalties 74-28
Motor vehicle regulations 6-51 et seq. Truck loads 34-34
See:ALCOHOLIC BEVERAGES Truck routes
Concurrency management system 86-1 et seq. Established 74-30
See: MOTOR VEHICLES AND TRAF- Inside origin 74-30(2)
FIC Maps of truck routes 74-31
Dune parking prohibited 74-59 Outside origin 74-30(1)
Exhaust Signs for truck routes 74-32
Noises,enumeration of prohibited 34-153(6) Vehicles for hire 80-1 et seq.
Fire lanes See:VEHICLES FOR HIRE
Designation of 74-62 MOTORBOATS. See: BOATS, DOCKS AND
Handbills WATERWAYS
Placing in vehicles 34-52
Land development code regulations re zon- MUFFLERS
ing 110-26 et seq. Noises,enumeration of prohibited 34-153(6)
See:LAND DEVELOPMENT CODE
Litter MUSICAL INSTRUMENTS
Throwing by person in vehicles 34-33 Noises,enumeration of prohibited 34-153(2)
Maps
Truck routes 74-31 N
No parking zone,authority to establish74-58
Noises NATURAL DISASTERS. See: CIVIL EMER-
Exhausts 34-153(6) GENCIES
Horns,signal devices 34-153(1) NATURAL GAS
Out of repair vehicles 34-153(7) Public service tax 70-26 et seq.
Out of repair vehicles See:TAXATION
Noises,enumeration of prohibited 34-153(7)
Overnight parking 74-61 NOISE
Parking,stopping and standing Construction noise 34-154
cispe, County's civil traffic infraction hearing Declaration of policy to prohibit noise 34-151
officer program adopted 74-63 Enumeration of prohibited noises 34-153
Supp.No.21 CDi:29
CAPE CANAVERAL CODE
Section Section
NOISE(Cont'd.) OCCUPATIONAL LICENSE TAX. See: TAX-
Land development code regulations re zon- ATION
ing 110-26 et seq.
See:LAND DEVELOPMENT CODE OFFENSES
Abandoned property 34-181 et seq.
NUDITY See:ABANDONED PROPERTY
Alcoholic beverage establishments Certain ordinances not affected by Code 1-10(a)(1)
Nudity on premises where served, con- Code does not affect prior offenses 1-8
sumed or stored 6-27 Court costs for police education and train-
Sexually oriented businesses, adult enter- ing 50-3
tainment establishments 10-86 et seq. Effect of repeal of ordinances and offenses
NUISANCES committed 1-9(b)
General penalty; attorneys' fees and costs 1-15
Abandoned property generally 34-181 et seq. Penalties for specific acts,omissions,viola-
See:ABANDONED PROPERTY tions, etc. See specific subjects as in-
Criminal nuisance abatement board 2-292 et seq. dexed
See: CODE ENFORCEMENT State misdemeanor acts adopted,penalties 50-1
General penalty; attorneys' fees and costs 1-15(b)
Noise generally 34-151 et seq. OFFICERS AND EMPLOYEES
See: NOISE Acting city manager 2-102
Property maintenance standards 34-91 et seq. Animal control officer 14-27
See: PROPERTY MAINTENANCE City clerk
STANDARDS Duties 2-116
Spill-over lighting 34-206 et seq. City manager 2-101 et seq.
See:LIGHTS AND LIGHTING Powers and duties 2-101
Weeds and vegetation 34-121 et seq. Classification
See: WEEDS AND DEAD VEGETA- Certain ordinances not affected by Code 1-10(a)(14)
TION Definitions and rules of construction 1-2
Notice to remedy notices 34-123 Delegation of authority
Public nuisances prohibited 34-122 Definitions and rules of construction... 1-2
Fire chief 38-58
NUMBERS AND NUMBERING Housing
Definitions and rules of construction 1-2 Fair housing
Numbering of buildings and property 82-366 et seq. Administrator authority and respon-
See:LAND DEVELOPMENT CODE sibilities 36-3
Vehicles for hire 80-76(e) Joint authority
Number of passengers carried 80-79 Definitions and rules of construction... 1-2
Police chief 42-26
0 Precinct supervisor 42-26
Property
OATH,AFFIRMATION,SWEAR OR SWORN Registration and maintenance of prop-
Definitions and rules of construction 1-2 erties in foreclosure
OBLIGATIONS Additional authority of enforcement
Certain ordinances not affected by Code 1-10(a)(2) officers;immunity 82-123
Salaries
OBNOXIOUS SUBSTANCES Certain ordinances not affected by Code 1-10(a)(14)
Property maintenance standards 34-91 et seq. Sergeant at arms
See: PROPERTY MAINTENANCE City council 2-63
STANDARDS Travel reimbursement policies and proce-
OBSCENITY. See: INDECENCY AND OB- dures
SCENITY Reimbursement policy and procedures
for official travel 2-300
OBSTRUCTIONS ORDINANCES,RESOLUTIONS,ETC.
Signs
Land development code regulations.... 94-1 et seq. City attorney
See:LAND DEVELOPMENT CODE Duties 2-126(4)
Solid waste collection 62-11 City council
Preparation of ordinances and resolu-
OCCUPANCY tions prior to meetings 2-59
Franchise regulations in general. See: County animal control ordinance 14-26 et seq.
FRANCHISES(Appendix A) See:ANIMALS AND FOWL
Supp. No. 21 CDi:30
CODE INDEX
Lito,'
Section Section
ORDINANCES, RESOLUTIONS, ETC. PARKS AND RECREATION(Cont'd.)
(Cont'd.) Boats,vessels regulated 54-46 et seq.
Franchise regulations in general. See: See: BOATS, DOCKS AND WATER-
FRANCHISES(Appendix A) WAYS
Street abandonment,ordinance required . 66-39 Commercial beach vendor franchises 54-5
OUTDOOR ADVERTISING Authority 54-5(a)
Award of franchise 54-5(b)
Signs Franchise fee 54-5(c)
Land development code regulations.... 94-1 et seq. Identification requirements 54-5(g)
See:LAND DEVELOPMENT CODE Location of commercial beach vending 54-5(h)
OUTDOOR ENTERTAINMENT EVENTS Manner and conduct of beach vending 54-5(e)
Compliance with other laws 10-48 Minimum appearance/dress requirements 54-5(f)
Definitions 10-47 Minimum requirements of franchisees . 54-5(d)
General provisions 10-46 Termination or suspension of franchise. 54-5(i)
Local business tax receipt required 10-49 Commercial solicitation 54-4
Penalties and enforcement 10-50 Concurrency management 86-1 et seq.
Permit See: LAND DEVELOPMENT CODE
Alcohol sales and consumption 10-62 Culture and leisure services board
Application 10-61 Duties 54-28
Cleanup and damage deposit 10-66 Established 54-26
Closure or gating of public property and Indebtedness 54-29
streets 10-64 Fees schedule in general. See: FEES (Ap-
Emergency suspension or cancellation of pendix B)
permitted outdoor entertainment Glass container prohibited 54-1
event 10-77 Impact fees generally 2-231 et seq.
Fees and deposits 10-73 See: IMPACT FEES
Insurance requirements 10-63 Litter
Life and public safety requirements10-75 Throwing in river or other body of water
Llire Location of public parking; transporta- in parks 34-36
tion services 10-67 Open fires restricted 54-3
Metered parking 10-72 Park hours 54-2
Other permits and licenses 10-74 Street excavations 66-61 et seq.
Other public gatherings 10-65 See: STREETS, SIDEWALKS AND
Revocation of permits 10-76 OTHER PUBLIC WAYS
Temporary structures;integrity,height, Vessels regulated 54-46 et seq.
location 10-69 See: BOATS, DOCKS AND WATER-
Turtle protection 10-68 WAYS
Vendors 10-70 Wetlands protection 106-26 et seq.
Water craft,use of 10-71 See:LAND DEVELOPMENT CODE
OWNER PARTNERSHIPS
Definitions and rules of construction 1-2 Persons; definitions and rules of construc-
tion extended and applied to 1-2
P PEDDLERS, CANVASSERS AND SOLICI-
PARKING TORS
General regulations 74-56 et seq. Definitions 16-26
See: MOTOR VEHICLES AND TRAF- Fraud 16-30
FIC Harassment prohibited 16-28
Outdoor entertainment events Parks and recreation
Permit Commercial solicitation 54-4
Location of public parking;transpor- Permission to enter premises required6-27
tation services 10-67 Permit
Metered parking 10-72 Appeals 16-56
Application 16-52
PARKS AND RECREATION Badge for solicitors 16-57
Alcoholic beverages Exhibition of permit on request 16-58
Ocean Beach 6-53 Investigation; denial or issuance of; re-
Possession and consumption 6-52 cord 16-53
Laiwe Animals Notice of hearing 16-55
Prohibited in parks 14-28 Required 16-51
Supp.No. 21 CD1:31
CAPE CANAVERAL CODE
Section Section
PEDDLERS, CANVASSERS AND SOLICI- PLANNING AND DEVELOPMENT(Cont'd.)
TORS(Cont'd.) Duties and responsibilities 58-57
Revocation 16-54 Notice requirement for amendments to fu-
Report of violations 16-31 ture land use map 58-1
Solicitor to leave when requested 16-29 Plan checking fee
PENALTIES. See: FINES, FORFEITURES Fees schedule in general. See: FEES
AND OTHER PENALTIES (Appendix B)
Planning and zoning board 110-3
PERSON See: LAND DEVELOPMENT CODE
Definitions and rules of construction 1-2 Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE DIS-
PERSONNEL. See: OFFICERS AND EM- POSAL
PLOYEES Signs
PHONOGRAPHS Land development code regulations94-1 et seq.
See:LAND DEVELOPMENT CODE
Noises,enumeration of prohibited 34-153(2) Street excavations 66-61 et seq.
PHOTOGRAPHY See: STREETS, SIDEWALKS AND
Motion and still photography production OTHER PUBLIC WAYS
permits Subdivisions
Application for permit 16-66 Land development code regulations.... 98-1 et seq.
City manager to act as agent for city 16-64 See: LAND DEVELOPMENT CODE
Definitions 16-63 Tree protection,land clearing 102-36 et seq.
Nonexemption from other city Code re- See: LAND DEVELOPMENT CODE
quirements 16-67 Vested rights 115-1 et seq.
Purposes 16-61 See:VESTED RIGHTS
Recovery of costs for extraordinary ser-
vices 16-68 PLANT LIFE.See:WEEDS AND DEAD VEG-
Required 16-65 ETATION
Suspension and revocation 16-65 PLATS. See: SURVEYS,MAPS AND PLATS3
Title 16-60
Violations and penalties 16-65 PLUMBING
PIPE LINES Fees schedule in general. See: FEES (Ap-
Franchise regulations in general. See: pendix B)
FRANCHISES(Appendix A) Flood damage prevention 90-26 et seq.
See: LAND DEVELOPMENT CODE
PLANNED UNIT DEVELOPMENTS Public service tax 70-26 et seq.
Land development code regulations re zon- See:TAXATION
ing 110-26 et seq. Sanitary sewer system 78-26 et seq.
See: LAND DEVELOPMENT CODE See: SEWERS AND SEWAGE DIS-
PLANNING AND DEVELOPMENT POSAL
Business and cultural development board. 22-26 et seq. Maintenance of plumbing system 78-35
Community appearance review board .... 22-36 et seq. POLES AND WIRES
Comprehensive plan Cable television franchise. See: FRAN-
Designation of agency,department,com- CHISES(Appendix A)
mittee or person to prepare 58-58 Signs
Flood damage prevention 90-26 et seq. Land development code regulations.... 94-1 et seq.
See: LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
Franchise regulations in general. See:
FRANCHISES(Appendix A) POLICE DEPARTMENT
Impact fees generally 2-231 et seq. Court costs for police education and train-
See: IMPACT FEES ing 50-3
Land development code regulations re zon- Fees schedule in general. See: FEES (Ap-
ing 110-26 et seq. pendix B)
See: LAND DEVELOPMENT CODE Police department
Local planning agency Duties of chief of police and/or precinct
Designation and establishment 58-56 supervisor 42-26
Designation of agency,department,corn- Vehicles for hire
mittee or person to prepare corn- Receiving police radio calls prohibited;
prehensive plan 58-58 radios which may be used 80-81
NINII)
Supp. No. 21 CDi:32
CODE INDEX
Live
Section Section
POLITICAL SIGNS PROPERTY MAINTENANCE STANDARDS
Signs (Cont'd.)
Land development code regulations.... 94-1 et seq. Registration and maintenance of proper-
See: LAND DEVELOPMENT CODE ties in foreclosure 82-116 et seq.
See:PROPERTY
PROCEEDINGS.See:SUITS,ACTIONS AND Scope 34-93
OTHER PROCEEDINGS Sign appearance and maintenance 34-100
Standards established 34-96
PROFESSIONS
Local business tax 70-66 et seq. PROPERTY MANAGEMENT
See:TAXATION Personal property control
Definitions 2-207(a)
PROPERTY Property acquisition 2-207(d)
Abandoned property generally 34-180 et seq. Property supervision and control 2-207(c)
See:ABANDONED PROPERTY Record and inventory of property 2-207(b)
Code enforcement citations Recording the disposal of property 2-207(f)
Enter upon property (inspection war- Surplus property disposition 2-207(e)
rant) 2-290 Valuation of property 2-207(g)
Criminal nuisance abatement board 2-292 et seq.
See: CODE ENFORCEMENT PUBLIC NUDITY. See: NUDITY
Eminent domain powers re economic devel- PUBLIC RECORDS. See: RECORDS AND
opment 2-70 REPORTS
Numbering of buildings and property 82-366 et seq.
See:LAND DEVELOPMENT CODE PUBLIC SERVICE TAX
Outdoor entertainment events Generally 70-26 et seq.
Permit;closure or gating of public prop- See:TAXATION
erty and streets 10-64
L
Property maintenance code 82-221 et seq. PUBLIC SEWERS.See:SEWERS AND SEW-
ireBuildings and building regulations.See: AGE DISPOSAL
LAND DEVELOPMENT CODE PUBLIC THOROUGHFARES.See:STREETS,
Registration and m .intenance of proper- SIDEWALKS AND OTHER PUBLIC
ties in foreclosure WAYS
Additional authority of enforcement of-
ficers;immunity 82-123 PUBLIC VEHICLES
Definitions 82-117 Vehicles for hire 80-1 et seq.
Enforcement;penalties 82-124 See:VEHICLES FOR HIRE
Maintenance requirements 82-121 PUBLIC WAYS.See:STREETS,SIDEWALKS
Mortgagee inspection requirements 82-120 AND OTHER PUBLIC WAYS
Purpose and intent 82-116
Registration fees 82-119 PUBLIC WORKS AND IMPROVEMENTS
Registration requirements 82-118 Certain ordinances not affected by Code.. 1-10(a)(11)
Security requirements 82-122 Concurrency management 86-1 et seq.
Supplemental authority 82-125 See:LAND DEVELOPMENT CODE
Signs Flood damage prevention 90-26 et seq.
Land development code regulations.... 94-1 et seq. See:LAND DEVELOPMENT CODE
See: LAND DEVELOPMENT CODE Franchise regulations in general. See:
Sleeping and camping in public areas and FRANCHISES(Appendix A)
beaches 50-4 Land development code regulations re zon-
Vested rights 115-1 et seq. ing 110-26 et seq.
See:VESTED RIGHTS See: LAND DEVELOPMENT CODE
Local planning agency 58-56 et seq.
PROPERTY MAINTENANCE STANDARDS See:PLANNING AND DEVELOPMENT
Authority 34-92 Public service tax generally 70-26 et seq.
Building appearance and maintenance ... 34-98 See:TAXATION
Definitions 34-91 Signs
Duties and responsibilities for mainte- Land development code regulations.... 94-1 et seq.
nance 34-97 See:LAND DEVELOPMENT CODE
Enforcement 34-95 Street excavations 66-61 et seq.
Love Landscape appearance and maintenance 34-99 See: STREETS, SIDEWALKS AND
Purpose 34-94 OTHER PUBLIC WAYS
Supp. No. 21 CDi:33
CAPE CANAVERAL CODE
Section Section
PUBLIC WORKS AND IMPROVEMENTS RECORDS AND REPORTS
(Cont'd.) City clerk
Subdivisions Duties 2-116(1)
Land development code regulations.... 98-1 et seq. Code enforcement
See:LAND DEVELOPMENT CODE Criminal nuisance abatement board
Weeds and vegetation 34-121 et seq. Penalties;fines;liens;recording 2-297
See: WEEDS AND DEAD VEGETA- Franchise regulations in general. See:
TION FRANCHISES(Appendix A)
Wetlands protection 106-26 et seq. Land development code;zoning
See: LAND DEVELOPMENT CODE Nonconformities
Nonconforming lots of record 110-196
PURCHASES AND PURCHASING Sewers
Availability of funds 2-225 Industrial or commercial wastewater
Award to other than low bidder 2-218(7) monitoring reporting re discharges 78-100
Bid deposits 2-218(3) Sexually oriented businesses, adult enter-
Bid opening 2-218(4) tainment establishments license
Blanket purchase orders 2-224 Records, reports 10-105
City bidders list 2-218(2) Worker records 10-110
Cooperative purchasing 2-222 Solicitors, peddlers and itinerant mer-
Definitions 2-216 chants
Emergency purchase 2-221 Permit record 16-53
Franchise regulations in general. See: Report of violations 16-31
FRANCHISES(Appendix A) Subdivisions
Ineligible contractors 2-218(6) Land development code regulations.... 98-1 et seq.
Notice 2-218(1) See: LAND DEVELOPMENT CODE
Open market purchase procedures 2-219 Vehicles for hire
Performance bond 2-218(9) Maintenance of records 80-85
Personal property control Report to accidents 80-88
Property acquisition 2-207(d)
Property supervision and control 2-207(c) RECREATION. See: PARKS AND RECRE3
-
Recording disposal of property 2-207(f) ATION
Surplus property disposition 2-207(e) RECYCLABLE MATERIALS
Procedure 2-218 Residences 62-9(b)
Prohibition of interest Solid waste generally 62-1 et seq.
Financial interest 2-226(a) See: SOLID WASTE
Gifts and rebates 2-226(b)
Purpose 2-217 REFUSE. See: SOLID WASTE
Rejection of bids 2-218(5)
Sole source 2-220 REGULAR MEETINGS
Subdivision, prohibition against 2-223 City council 2-56
Tie bids 2-218(8) RESIDENTIAL DISTRICTS
Utilities service Land development code regulations re zon-
Purchase of 70-33 ing 110-26 et seq.
Without collecting public service tax, See: LAND DEVELOPMENT CODE
purchase of 70-37 Signs 94-96 et seq.
Solid waste
PYROTECHNICS. See: FIREWORKS Fees schedule in general. See: FEES
(Appendix B)
R RESIDENTIAL PLANNED UNIT DEVELOP-
RADIOLOGICAL WASTE.See:SOLID WASTE MENTS
Land development code regulations re zon-
RADIOS ing 110-26 et seq.
Noises,enumeration of prohibited 34-153(2) See:LAND DEVELOPMENT CODE
Vehicles for hire
Receiving police radio calls prohibited; REVENUES OF CITY. See: FINANCES
radios which may be used 80-81 REZONING
RAILROADS AND TRAINS Certain ordinances not affected by Code.. 1-10(a)(9)
Franchise regulations in general. See: RIGHTS
FRANCHISES(Appendix A) Certain ordinances not affected by Code.. 1-10(a)(4)
NI)
Supp.No. 21 CDi:34
CODE INDEX
L111100'
Section Section
RIGHTS(Cont'd.) SEWERS AND SEWAGE DISPOSAL(Cont'd.)
Code does not affect prior rights estab- Excessive quantity of wastewater 78-123
lished or occurring 1-8 Full payment required prior to issuance
of certificate or license 78-125
ROAD SIGNS
Land development code regulations 94-1 et seq. Generally 2-231 et seq.
See: IMPACT FEES
ROBBERY ALARMS.See:ALARM SYSTEMS Offsite sewage plumbing 78-131
Payment 78-122
RUBBISH. See: SOLID WASTE Port Canaveral customers 78-130
Use of funds 78-127
S Industrial and commercial use
SALES Administrative enforcement procedures 78-59
Outdoor entertainment events Administrative penalties 78-60
Permit;alcohol sales and consumption. 10-62 Applicability of provisions 78-54
Utility service without collection of public Building sewers and connections
service tax 70-40 Connecting sources of surface runoff
or groundwater 78-84
SANITARY SEWER SYSTEM.See:SEWERS Cost of installation; indemnification 78-78
AND SEWAGE DISPOSAL Elevations 78-82
SCREENS AND SCREENING Excavations 78-83
Property maintenance standards 34-91 et seq. Notice of inspection and connection . 78-79
See: PROPERTY MAINTENANCE Old building sewers 78-80
STANDARDS Permit for connections
Application 78-77(b)
SEA TURTLES. See:ANIMALS AND FOWL Required 78-77(a)
SEAL OF CITY Public sewers,connection to 78-85
City clerk Separate sewers for each building78-76
L111111,` Duties 2-116(1) Specifications 78-81
Definitions 78-51
SEPTIC TANKS Discharges
Sanitary sewer requirements 78-34 Fees 78-99
SERGEANT AT ARMS General prohibitions and limitations 78-96
City council 2-63 Industrial or commercial wastewater
monitoring and reporting 78-100
SETBACKS Permission to use sewer system;waste-
Land development code regulations re zon- water discharge permit 78-98
ing 110-26 et seq. Prohibited wastes,control of 78-97
See: LAND DEVELOPMENT CODE Wastewater discharge permit 78-98
SEWERS AND SEWAGE DISPOSAL Emergency,termination of service in78-58
Building sewers and connections.See herein: Enforcement;authority;minimum stan-
Industrial and Commercial Use dards 78-53
Commercial use.See herein:Industrial and Inspectors
Commercial Use Power and authority of 78-56
Concurrency management 86-1 et seq. Judicial remedies 78-61
See: LAND DEVELOPMENT CODE Public sewers,use of required 78-55
Connection with sewer Publication of significant violation 78-62
Late connection charge 78-28 Purpose 78-52
Required 78-27 Rates and charges
Unlawful connection 78-29 Surcharge for abnormal strength
Deposit required 78-151 wastes 78-111
Disposal 78-33 Right of refusal 78-57
Failure to maintain plumbing system .... 78-36 Land development code regulations re zon-
Fees schedule in general. See: FEES (Ap- ing 110-26 et seq.
pendix B) See:LAND DEVELOPMENT CODE
Free service 78-37 Maintenance of plumbing system 78-35
Impact fees Monthly sewer rates 78-152
Change of use 78-128 Old plumbing,connecting 78-31
Cost of living increase 78-129 Payment of sewer charges required 78-153
Established 78-121 Penalties 78-26
Supp.No. 21 CDi:35
CAPE CANAVERAL CODE
Section Section
SEWERS AND SEWAGE DISPOSAL(Cont'd.) SEXUALLY ORIENTED BUSINESSES,
Private water supply ADULT ENTERTAINMENT ESTAB-
Sewer fees where owner has 78-154 LISHMENTS(Cont'd.)
Public service tax generally 70-26 et seq. Issuance or denial of license 10-100
See:TAXATION Operation without license 10-119
Rates and charges Reapplication after denial 10-102
Monthly sewer rates 78-152 Reasons for denial of application of li-
Payment of sewer charges required 78-153 cense 10-101
Sewer fees where owner has private Records,reports 10-105
water supply 78-154 Required 10-93
Sanitary requirements 78-32 Suspension,revocation of license 10-108
Separate connection for each separate build- Transfer of license 10-106
ing 78-38 Local business tax receipts/home occupa-
Septic tanks 78-34 tions 10-128
Sewer fees where owner has private water Location,distance requirements 110-352(7)
supply 78-154 Minors;unlawful provisions 10-122
Subdivisions Name change(establishment) 10-107
Land development code regulations.... 98-1 et seq. Notice 10-91
See:LAND DEVELOPMENT CODE Obscenity;indecent exposure unlawful 10-89
Unlawful connection 78-29 Offices, departments (other); responsibili-
Unlawful construction 78-30 ties 10-94
Wastewater discharge permits 78-98 Operation contrary to operational require-
ments 10-120
SEXUALLY ORIENTED BUSINESSES, Penalties;remedies;relief 10-92
ADULT ENTERTAINMENT ESTAB- Purpose, findings, intent; incorporation of
LISHMENTS whereas clauses 10-87
Adult performance establishment 10-114 Records;unlawful provisions 10-123
Alcoholic beverages establishments Restrooms,dressing rooms, use of 10-121
Nudity on premises where alcohol served, Sexual encounter businesses prohibited;
consumed or stored 6-27
prohibited acts 10-129j
Commercial bodily contact establishments 10-115 Sexually oriented businesses 10-112
Prohibited;savings provision 10-127 Short title 10-86
Commercial bodily contact;unlawful provi- Suspension,revocation proceedings 10-109
sions 10-126 Theater(adult) 10-113
Construction 10-88 Worker records 10-110
Definitions 10-90
Engaging in prohibited activity SHOPPING CENTERS
Customers 10-117 Signs
Workers;operators 10-118 Land development code regulations.... 94-1 et seq.
Escort service 10-116 See: LAND DEVELOPMENT CODE
Escorts,escort services 10-125
Fees schedule in general. See: FEES (Ap- SHOUTING
pendix B) Noises,enumeration of prohibited 34-153(4)
General requirements 10-111
Hours of operation;unlawful provisions 10-124 SIDEWALKS. See: STREETS, SIDEWALKS
Immunity from prosecution 10-130 AND OTHER PUBLIC WAYS
Land development code regulations re zon- SIGNS AND BILLBOARDS
ing 110-26 et seq. Fees schedule in general. See: FEES (Ap-
See: LAND DEVELOPMENT CODE pendix B)
License Handbills
Annual license fee 10-103 Litter regulations 34-51 et seq.
Application;fee 10-95 See: LITTER
Consent 10-98 Property maintenance standards
Contents of application 10-96 Sign appearance and maintenance 34-100
Contents of license,term, renewals, ex- Specific regulations pertaining signs 94-1 et seq.
piration, lapse, nonconforming es- See: SIGNS AND BILLBOARDS
tablishments 10-104 Truck routes,signs for 74-32
Continuing duty;false,misleading infor-
mation 10-97 SINGING
Investigation of applicant 10-99 Noises,enumeration of prohibited 34-153(4)
Supp.No. 21 CDi:36
CODE INDEX
L111001
Section Section
SITE PLANS STATE
Fees schedule in general. See: FEES (Ap- Abandoned property
pendix B) Notification of owner;following removal
Land development code regulations re zon- by city
ing 110-26 et seq. Documentation filed with state 34-185(e)
See: LAND DEVELOPMENT CODE Definitions and rules of construction 1-2
SLEEPING Election code adopted 26-1
Sleeping and camping in public areas and Law
beaches 50-4 City attorney
Duties 2-126(3)
SLOT MACHINES OR DEVICES Misdemeanor acts adopted,penalty 50-1
Definitions 10-201 Parking,state law adopted 74-56
Exemption 10-203 Vehicles for hire
Prohibited 10-202 Application of provisions to vehicle,op-
Purpose;intent 10-200 erator regulator by state govern-
SOLICITORS. See: PEDDLERS, CANVASS- ment 80-2
ERS AND SOLICITORS STORAGE
SOLID WASTE Abandoned vehicles on private property 34-181
City Fireworks
Authority to collect 62-3 Private use,storage,display prohibited;
Ownership by city 62-4 public displays authorized by per-
Complaint procedure 62-6 mit only 38-82
Concurrency management 86-1 et seq. Storage of materials 38-87
See: LAND DEVELOPMENT CODE Temporary storage units 82-400
Containers STORMWATER DRAINAGE
Required 62-8 Certain ordinances not affected by Code.. 1-10(x)(17)
Definitions 62-1
Fees schedule in general. See: FEES (Ap- Stormwater drainage utility
pendix B) Creation 78-275
Ownership by city 62-4 Definitions,construction 78-277
Proper disposal prerequisite to collection . 62-10 Determination of ERUs 78-301
Public nuisances prohibited Fee,stormwater 78-300
Dead plants,refuse,debris Findings,determinations,powers 78-276
Yards,etc.,to be kept free of 34-122 Operating budget 78-278
Regulations on file 62-12 Program responsibility 78-325
Residential solid waste pickup conditions Stormwater management utility enter-
Location of solid waste containers 62-9(f) prise fund 78-326
Pickup 62-9(e) Subdivisions
Recyclable material 62-9(b) Land development code regulations.... 98-1 et seq.
Separation of solid waste 62-9(a) See:LAND DEVELOPMENT CODE
Solid waste 62-9(d)
Yard waste 62-9(c) STORMWATER MANAGEMENT
Sanitary sewer system 78-26 et seq. Fees schedule in general. See: FEES (Ap-
See: SEWERS AND SEWAGE DIS- pendix B)
POSAL Sanitary sewer system 78-26 et seq.
Schedule of fees 62-5 See: SEWERS AND SEWAGE DIS-
Transporting 62-7 POSAL
Tree protection,land clearing 102-36 et seq. Street excavations 66-61 et seq.
See: LAND DEVELOPMENT CODE See: STREETS, SIDEWALKS AND
Unlawful acts OTHER PUBLIC WAYS
Burning or burying of solid waste 62-11(c) Wetlands protection 106-26 et seq.
Container of another 62-11(b) See: LAND DEVELOPMENT CODE
Hazardous waste 62-11(f)
Obstruction 62-11(a) STREETS,SIDEWALKS AND OTHER PUB-
Unlawful accumulations 62-11(d) LIC WAYS
Unlawful disposal 62-11(e) Alcoholic beverages
Possession and consumption 6-51
SOUND AMPLIFIERS Beach end streets
Le.,
Noises,enumeration of prohibited 34-153(3) Camping prohibited 50-4
Supp.No. 21 CDi:37
CAPE CANAVERAL CODE
Section Section
STREETS,SIDEWALKS AND OTHER PUB- STREETS,SIDEWALKS AND OTHER PUB-
LIC WAYS(Cont'd.) LIC WAYS(Cont'd.)
Cable television franchise Right-of-way
Conditions of street occupancy. See: Use agreements 66-1
FRANCHISES(Appendix A) Camping prohibited 50-4
Certain ordinances not affected by Code.. 1-10(a)(5) Signs
Concurrency management system 86-1 et seq. Land development code regulations.... 94-1 et seq.
See: MOTOR VEHICLES AND TRAF- See: LAND DEVELOPMENT CODE
FIC Solicitors, peddlers and itinerant mer-
Excavations chants 16-26 et seq.
City See: PEDDLERS, CANVASSERS AND
Authority of city 66-64 SOLICITORS
Right to restore surface 66-69 Solid waste generally 62-1 et seq.
Cleanup 66-68 See: SOLID WASTE
Emergencies 66-70 Transporting regulations 62-7
Engineering details 66-66 Street lights
Guarantee 66-67 Sea turtle regulations 14-57
Inspections 66-63 Streets
Liability of city 66-62
Abandonment
Method of installation 66-65 Authority 66-36
Penalty 66-61 Ordinance required 66-39
Permit Petition
Application 66-82 For action 66-37
Deposits 66-84 Procedure 66-38
Fee 66-83
Inspections 66-85 Civil liability for damage 66-26
Speed bumps 66-27
Required 66-81
Fire lanes,designation of 74-62 Subdivisions
Franchise agreements 66-1 Land development code regulations.... 98-1 et seq.
3
Franchise regulations in general. See: See: LAND DEVELOPMENT CODE
FRANCHISES(Appendix A) Traffic
Grades Certain ordinances not affected by Code 1-10(a)(8)
Certain ordinances not affected by Code 1-10(a)(10) Travel on other than streets or highways 74-1
Handbills Tree protection,land clearing 102-36 et seq.
Throwing or distributing in public places 34-51 See: LAND DEVELOPMENT CODE
Impact fees generally 2-231 et seq. Trucks generally 74-26 et seq.
See: IMPACT FEES See: MOTOR VEHICLES AND TRAF-
Land development code regulations re zon- FIC
ing 110-26 et seq. Weeds and vegetation 34-121 et seq.
See:LAND DEVELOPMENT CODE See: WEEDS AND DEAD VEGETA-
Lighting 34-206 et seq. TION
See:LIGHTING Wetlands protection 106-26 et seq.
Litter 34-26 et seq. See:LAND DEVELOPMENT CODE
See:LITTER Yelling, shouting,hooting,whistling,sing-
Local planning agency 58-56 et seq. ing
See:PLANNINGAND DEVELOPMENT
Noise SUBDIVISIONS
Enumeration of prohibited 34-153(4) Dedicating or accepting
Open containers Certain ordinances not affected by Code 1-10(a)(12)
Prohibited in motor vehicles 6-68 Fees schedule in general. See: FEES (Ap-
Outdoor entertainment events pendix B)
Permit;closure or gating of public prop- Flood damage prevention 90-26 et seq.
erty and streets 10-64 See: LAND DEVELOPMENT CODE
Parks and recreation areas 54-1 et seq. Impact fees generally 2-231 et seq.
See: PARKS AND RECREATION See: IMPACT FEES
Property maintenance standards 34-91 et seq. Land development code
See: PROPERTY MAINTENANCE Regulations re subdivisions 98-1 et seq.
STANDARDS See: LAND DEVELOPMENT CODE
Public service tax generally 70-26 et seq. Regulations re zoning 110-26 et seq.
See:TAXATION See:LAND DEVELOPMENT CODE
Supp.No. 21 CDi:38
CODE INDEX
Section Section
SUBDIVISIONS(Cont'd.) TAXATION(Cont'd.)
Public service tax generally 70-26 et seq. Duplicate,issuance of 70-80
See:TAXATION Engaging in business
Purchasing Evidence of engaging in business 70-72
Prohibition against subdivisions 2-223 Without paying tax or making reports 70-71
Sanitary sewer system 78-26 et seq. Exemptions 70-83
See: SEWERS AND SEWAGE DIS- False statement in receipt application 70-73
POSAL Form,signing of receipts;report of infor-
Street excavations 66-61 et seq. mation 70-70
See: STREETS, SIDEWALKS AND Insurance 70-84
OTHER PUBLIC WAYS Levied 70-67
Wetlands protection 106-26 et seq. Local business tax for businesses not
See:LAND DEVELOPMENT CODE otherwise designated 70-88
SUITS,ACTIONS AND OTHER PROCEED- Multiple receipt 70-78
INGS Penalty for failure to obtain or renew
Codes does not affect prior acts committed receipt 70-75
or done i-8 Preservation,display of receipt 70-79
Effect of repeal of ordinances on suits or Rate schedule 70-89
proceedings pending 1-9(b) Receipt required;payment of tax prereq-
uisite to issuance 70-69
SURFACE DRAINAGE Receipt year;tax payment date;term of
Subdivisions receipt;proration of tax 70-74
Land development code regulations.... 98-1 et seq. Records of issued receipts 70-86
See:LAND DEVELOPMENT CODE Records of licensees 70-87
SURVEYS,MAPS AND PLATS Records of receipts 70-87
Amendment to zoning map Refunds 70-82
Certain ordinances not affected by Code 1-10(a)(9) Separate receipt required for each place
L11100' , Dedicating or accepting of business 70-77
Certain ordinances not affected by Code 1-10(a)(12) Transfer of receipt 70-81
Franchise regulations in general. See: Violations and penalties 70-68
FRANCHISES(Appendix A) Local improvements
Planning and development Certain ordinances not affected by Code 1-10(a)(11)
Notice requirement for amendments to Outdoor entertainment events
future land use map 58-1 Local business tax receipt required.... 10-49
Subdivisions Public service tax
Land development code regulations 98-1 et seq. Applicability 70-28
See:LAND DEVELOPMENT CODE Appropriation of revenue 70-44
Truck routes,map of 74-31 Authority;findings 70-27
Collection 70-35
SWEAR OR SWORN.See:OATH,AFFIRMA- Computation 70-32
TION,SWEAR OR SWORN Continuance of tax and appropriation70-45
SWIMMING POOLS Definitions 70-26
Land development code regulations re zon- Discontinuance of utilities service 70-39
ing 110-26 et seq. Exemptions 70-30
See:LAND DEVELOPMENT CODE Failure to pay tax
Collected 70-38
T Generally 70-42
Levied 70-29
TAXATION Monthly computation 70-34
Certain ordinances not affected by Code.. 1-10(a)(7) Payment 70-31
Fees schedule in general. See: FEES (Ap- Payment of utilities service without pay-
pendix B) ment of tax 70-41
Franchise regulations in general. See: Penalty 70-43
FRANCHISES(Appendix A) Purchase of utilities service
Local business tax Generally 70-33
Contractors and subcontractors Without collecting tax 70-37
Special requirements for 70-85 Records 70-36
Lame Definitions 70-66 Sale of utilities service without collec-
Delinquencies 70-76 tion of tax 70-40
Supp.No. 21 CDi:39
CAPE CANAVERAL CODE
Section Section
TAXATION(Cont'd.) TOWNHOUSES
Sexually oriented businesses, adult enter- Land development code regulations re zon-
tainment establishments ing 110-26 et seq.
Local business tax receipts/home occu- See: LAND DEVELOPMENT CODE
pations 10-128 TOXIC WASTE. See: SOLID WASTE
Vehicles for hire
Licenses and fees to be in addition to TRADES
other taxes and charges 80-3 Local business tax 70-66 et seq.
See:TAXATION
TAXICABS. See: VEHICLES FOR HIRE
TRAFFIC. See: MOTOR VEHICLES AND
TECHNICAL CODES TRAFFIC
Building codes. See also: LAND DEVEL-
OPMENT CODE TRASH. See: SOLID WASTE
Building code 82-31 et seq. TRAVEL EXPENSES. See: OFFICERS AND
Coastal construction code 82-88 et seq. EMPLOYEES
Property maintenance code 82-221 et seq.
Unsafe building abatement code 82-56 et seq. TREASURER. See: CITY TREASURER
Fire prevention code 38-26 et seq.
See:FIRE PREVENTION TREES AND SHRUBBERY
Florida Fire Prevention Code 38-26,38-27 Fees schedule in general. See: FEES (Ap-
Life Safety Code 38-28,38-29 pendix B)
Impact fees generally 2-231 et seq.
TELEGRAPH SERVICES See: IMPACT FEES
Public service tax generally 70-26 et seq. Tree protection
See: TAXATION Land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
TELEPHONES Weeds and vegetation 34-121 et seq.
Automatic telephone direct dialing device; See: WEEDS AND DEAD VEGETA-
digital alarm communicator system . 30-37 TION
Franchise regulations in general. See:
FRANCHISES(Appendix A) TRUCKS
Load regulations re litter 34-34
TELEVISIONS Parking 74-60
Franchise regulations in general. See: Traffic regulations 74-26 et seq.
FRANCHISES(Appendix A) See: MOTOR VEHICLES AND TRAF-
Noises,enumeration of prohibited 34-153(2) FIC
TENSE TURTLES
Definitions and rules of construction 1-2 Sea turtles 14-51 et seq.
See:ANIMALS AND FOWL
TIME
Computation of time U
Definitions and rules of construction... 1-2
UNSAFE BUILDINGS
TOPOGRAPHY Unsafe building abatement code 82-56 et seq.
Property maintenance standards 34-91 et seq. Buildings and building regulations.See:
See: PROPERTY MAINTENANCE LAND DEVELOPMENT CODE
STANDARDS
Subdivisions UTILITIES
Land development code regulations 98-1 et seq. Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE See: LAND DEVELOPMENT CODE
Franchise regulations in general. See:
TORNADOS FRANCHISES(Appendix A)
Civil emergencies generally 18-1 et seq. Impact fees generally 2-231et seq.
See: CIVIL EMERGENCIES See: IMPACT FEES
Land development code regulations re zon-
TOWING ing 110-26 et seq.
Abandoned property See: LAND DEVELOPMENT CODE
Liability of owner for towing, storage Public service tax generally 70-26 et seq.
expenses 34-188 See: TAXATION
VIOOF
Supp.No.21 CDi:40
CODE INDEX
LIII/e
Section Section
UTILITIES(Cont'd.) VEHICLES FOR HIRE(Cont'd.)
Reclaimed water 78-176 et seq. Maintenance of records 80-85
See:WATER SUPPLY AND DISTRIBU- Nonpaying passengers with paying passen-
TION gers,transporting of 80-80
Sanitary sewer system 78-26 et seq. Number of passengers carried 80-79
See: SEWERS AND SEWAGE DIS- Police radio calls,receiving prohibited;ra-
POSAL dios which may be used 80-81
Service rate, deposits and billing proce- Rates and charges
dures Charging rates in excess of established
Deposit required 78-151 rates 80-78
Monthly sewer rates 78-152 Schedule of 80-77
Payment of sewer charges required.... 78-153 Report of accidents 80-88
Sewer fees where owner has private Required equipment;standards
water supply 78-154 Compliance 80-76(a)
Stormwater drainage utility 78-275 et seq. General mechanical condition; cleanli-
Street excavations 66-61 et seq. ness;lighting 80-76(c)
See: STREETS, SIDEWALKS AND Letters,numbers required 80-76(e)
OTHER PUBLIC WAYS Mechanical inspection 80-76(d)
Wetlands protection 106-26 et seq. Substitution of equipment 80-76(g)
See: LAND DEVELOPMENT CODE Taximeters 80-76(f)
Vehicle type,capacity 80-76(b)
V Schedule rates and charges 80-77
Stands,depots,terminals and parking80-82
VEGETATION. See: WEEDS AND DEAD
VEGETATION VESSELS. See: BOATS, DOCKS AND WA-
TERWAYS
VEHICLES FOR HIRE
Accidents VESTED RIGHTS
LileReport of 80-88 Application for vested rights determina-
Alcoholic beverages 80-87 tion 115-7
Certificate of public convenience and neces- Definitions 115-2
sky license Exhaustion of administrative remedies re-
Application 80-27 quired 115-4
Approval 80-28 Issuance vested rights permit 115-12
Burden of proof 80-29 Judicial review 115-13
Required 80-26 Permit expiration; substantial deviations,
Suspension and revocation 80-31 etc 115-6
Transfer 80-32 Public hearing 115-11
Compliance with provisions 80-4 Purpose and intent 115-1
Cruising,soliciting business prohibited... 80-83 Review and recommendation by city attor-
Definitions 80-1 ney 115-8
Driver's attendance to vehicles 80-84 Standards for determining vested rights.. 115-5
Driver's permit Supplemental evidence 115-9
Application 80-53 Vested rights agreements 115-10
Fees 80-55 Vested rights permits,effect 115-3
Fees schedule in general. See: FEES
(Appendix B) W
Investigation;issuance,denial;posting. 80-54
Penalty 80-52 WASTEWATER
Required 80-51 Sewer impact fees
Surrender;revocation;suspension 80-57 Excessive quantity of 78-123
Transferability;term of validity 80-56
Federal or state government WATER SUPPLY AND DISTRIBUTION
Application to vehicles, operators regu- Concurrency management 86-1 et seq.
lated by 80-2 See: LAND DEVELOPMENT CODE
Fees schedule in general. See: FEES (Ap- Flood damage prevention 90-26 et seq.
pendix B) See: LAND DEVELOPMENT CODE
Insurance 80-5 Impact fees generally 2-231 et seq.
Licenses and fees to be in addition to other See: IMPACT FEES
L taxes and charges 80-3 Public service tax generally 70-26 et seq.
Lost money or property 80-86 See:TAXATION
Supp. No. 21 CDi:41
CAPE CANAVERAL CODE J
Section Section
WATER SUPPLY AND DISTRIBUTION Y
(Cont'd.)
Reclaimed water YARD WASTE. See: SOLID WASTE
Connection to the system 78-177 YARDS AND OPEN SPACES
Definitions 78-176 Subdivisions
Installation and inspection of the re- Land development code regulations.... 98-1 et seq.
claimed water system See: LAND DEVELOPMENT CODE
Adoption of Chapter 62-610,F.A.0 78-200 Weeds and vegetation 34-121 et seq.
Areas embraced 78-197 See: WEEDS AND DEAD VEGETA-
Code enforcement board authority and TION
violation liability 78-195
Cross-connection control 48-198 YELLING
Discontinuance of service 78-193 Noises,enumeration of prohibited 34-153(4)
Inspections 78-192
Policies and regulations adopted;com-
pliance
required 78-191 ZONING
Public employees liability 78-196 Amendments to map
Unauthorized use 78-199 Certain ordinances not affected by Code 1-10(a)(9)
Unlawful connections or practices 78-194 Fees schedule in general. See: FEES (Ap-
Reclaimed water uses 78-178 pendix B)
Right to refuse service 78-181 Flood damage prevention 90-26 et seq.
Usage rates 78-180 See: LAND DEVELOPMENT CODE
Sanitary sewer system 78-26 et seq. Land development code 110-1 et seq.
See: SEWERS AND SEWAGE DIS- See: LAND DEVELOPMENT CODE
POSAL Local planning agency 58-56 et seq.
Subdivisions See:PLANNING AND DEVELOPMENT
Land development code regulations.... 98-1 et seq. Signs
See: LAND DEVELOPMENT CODE Land development code regulations94-1 et seq.
See: LAND DEVELOPMENT CODEj
WATERWAYS, WATERCOURSES. See: Street excavations 66-61 et seq.
BOATS,DOCKS AND WATERWAYS See: STREETS, SIDEWALKS AND
WEEDS AND DEAD VEGETATION OTHER PUBLIC WAYS
Subdivisions
Fees schedule in general. See: FEES (Ap- Land development code regulations 98-1 et seq.
pendix B) See:LAND DEVELOPMENT CODE
Intent 34-121 Plats and lot splits
Notice to remedy nuisance 34-123 Division of land;review and approval
Public nuisance prohibited 34-122 required;zoning 98-31
Records 34-127 Weeds and vegetation 34-121 et seq.
Remedies by city 34-126 See: WEEDS AND DEAD VEGETA-
Tree protection,land clearing 102-36 et seq. TION
See:LAND DEVELOPMENT CODE Wetlands protection 106-26 et seq.
WETLANDS PROTECTION See: LAND DEVELOPMENT CODE
Specific regulations 106-26 et seq.
See:LAND DEVELOPMENT CODE
WHISKEY. See:ALCOHOLIC BEVERAGES
WHISTLING
Noises,enumeration of prohibited 34-153(4)
WINE. See:ALCOHOLIC BEVERAGES
WRITS, WARRANTS AND OTHER PRO-
CESSES
Code enforcement citations
Enter upon property (inspection war-
rant) 2-290
Franchise regulations in general. See:
FRANCHISES(Appendix A)
Supp. No. 21 CDi:42