HomeMy WebLinkAboutSupplement 20 SUPPLEMENT NO.20
Ligle' November 2011
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.05-2011, adopted August 16,2011.
See the Code Comparative Table—Ordinances and Resolutions for further
information.
Included in the Charter is:
Election Date of November 2, 2010.
See the Charter Comparative Table for further information.
Remove Old Pages Insert New Pages
xi—xiv xi—xiv
xvii,xviii xvii, xviii
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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
Lo," 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 CD2:5
Div. 3. Meetings CD2:6
Art. III. Officers and Employees CD2:9
Div. 1. Generally CD2:9
Div. 2. City Manager CD2:9
Div. 3. City Clerk CD2:10
Div. 4. City Attorney CD2:10
‘iierof Div. 5. Reserved
CD2:
10
Div. 6. Reserved CD2:10
Supp.No. 20 xi
CAPE CANAVERAL CODE
Chapter Page
Art. IV. Boards, Committees, Commissions CD2:11
Div. 1. Generally CD2:11
Div. 2. Beautification Board CD2:14
Art. V. Finance CD2:14
Div. 1. Generally CD2:14
Div. 2. Purchasing CD2:14.2
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 CD10:3
Art. II. Amusement Device Code CD10:3
Art. III. Outdoor Entertainment Events CD10:3
Div. 1. Generally CD10:3
Div. 2. Permit CD 10:6
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 CD 14:3
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 CD 16:3
Art. III. Motion and Still Photography Production Per-
mits CD 16:5
17. Reserved CD17:1
Supp. No. 20 xii
TABLE OF CONTENTS—Cont'd.
Lige,
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 Cultural 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
LireDiv. 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
35-37. Reserved CD35:1
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
42. Law Enforcement CD42:1
Art. I. In General CD42:3
Art. II. Police Department CD42:3
43-45. Reserved CD43:1
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CAPE CANAVERAL CODE
V
Chapter Page
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. Recreation 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
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TABLE OF CONTENTS-Cont'd.
LINOe
Chapter Page
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
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 CD110:7
Art. II. Procedure; Land Use Decisions CD110:15
Div. 1. Generally CD110:15
Div. 2. Rezonings CD110:18.1
Div. 3. Variances CD110:19
Div. 4. Special Exceptions CD110:20
Div. 5. Administrative Appeals CD110:21
Art. III. Administration and Enforcement CD110:22
Div. 1. Generally CD110:22
Div. 2. Permits CD110:23
Div. 3. Certificate of Occupancy CD110:24
Div. 4. Reserved CD110:25
Art. IV. Special Exceptions CD110:25
Div. 1. Generally CD110:25
Div. 2. Alcoholic Beverages CD110:25
Art. V. Nonconformities CD110:29
Art. VI. Site Plans CD110:30.4
Art. VII. Districts CD110:30.7
Div. 1. Generally CD110:30.7
Div. 2. R-1 Low Density Residential District CD110:33
Div. 3. R-2 Medium Density Residential District CD110:34
Div. 4. R-3 Medium Density Residential District CD110:36
Div. 5. C-1 Low Density Commercial District CD110:38
Div. 6. M-1 Light Industrial and Research and De-
velopment District CD110:41
Lime' Div. 7. Townhouses CD110:43
Div. 8. C-2 Commercial/Manufacturing District CD110:44
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CAPE CANAVERAL CODE
Chapter Page
Art. VIII. Residential Planned Unit Developments CD110:46.4
Div. 1. Generally CD110:46.4
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 CD110:66.4
Div. 3. Offstreet Loading CD110:66.6
Div. 4. Home Occupations CD110:66.6
Div. 5. Setbacks CD110:66.7
Div. 6. Vehicles and Vessels CD110:67
Div. 7. Landscaping and Vegetation CD110:70
Div. 8. Swimming Pools CD110:72
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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printing of each Supplement)
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Page No. Supp.No. Page No. Supp.No.
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CDA:25, CDA:26 7 CDi:19, CDi:20 20
CDA:27, CDA:28 7 CDi:21, CDi:22 20
CDA:29, CDA:30 7 CDi:23, CDi:24 20
CDA:31 7 CDi:24.1, CDi:24.2 20
CDB:1 OC CDi:25,CDi:26 19
CDB:3,CDB:4 3 CDi:27,CDi:28 19
CDB:5,CDB:6 20 CDi:29, CDi:30 20
CDB:7,CDB:8 20 CDi:31, CDi:32 20
CDB:9,CDB:10 20 CDi:32.1 20
CDB:11,CDB:12 20 CDi:33, CDi:34 19
CDB:13,CDB:14 20 CDi:35,CDi:36 19
CDB:15, CDB:16 20 CDi:37, CDi:38 20
CDB:17 20 CDi:39, CDi:40 19
CCT:1 OC CDi:41, CDi:42 19
CCT:3,CCT:4 OC
[6]
Supp.No.20
L
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 "Included." Ordinances that are not of a general and
permanent nature are not codified in the Code and are considered "Omitted."
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.
Included/
Ord.No. Date Adopted Omitted Supp.;No.
2009-19(Res.) 9- 1-2009 Included 20
2010-05(Res.) 3- 2-2010 Included 20
10-2010 9- 7-2010 Omitted 20
12-2010 10-19-2010 Included 20
13-2010 10-19-2010 Included 20
14-2010 12-21-2010 Included 20
16-2010 11- 4-2010 Included 20
17-2010 11-16-2010 Included 20
18-2010 12-21-2010 Included 20
19-2010 12-21-2010 Included 20
cre 2010-22(Res.)
10-19-2010 Included 20
2010-34(Res.)
12-21-2010 Included 20
Charter 11- 2-2010 Included 20
01-2011 4-19-2011 Included 20
02-2011 5-17-2011 Included 20
03-2011 5-17-2011 Included 20
04-2011 6-21-2011 Included 20
05-2011 8-16-2011 Included 20
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Supp.No. 20 SH:1
3
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3
L
PART I
CHARTER*
Article I. Powers of the City
Sec. 1.01 Powers of the city.
Sec. 1.02 Incorporation of the City of Cape Canaveral.
Sec. 1.03 Construction.
Sec. 1.04 Intergovernmental relations.
Article II. City Council
Sec. 2.01 General powers and duties.
Sec. 2.02 Composition,eligibility,terms.
Sec. 2.03 Mayor.
Sec. 2.04 Compensation;expenses.
Sec. 2.05 Prohibitions.
Sec. 2.06 Vacancies;forfeiture of office;filling of vacancies.
Sec. 2.07 Judge of qualifications.
Sec. 2.08 City clerk.
Sec. 2.09 Investigations.
Sec. 2.10 Independent audit.
Sec. 2.11 Procedure.
Sec. 2.12 Action requiring an ordinance.
Sec. 2.13 Ordinances in general.
Sec. 2.14 Emergency ordinances.
Sec. 2.15 Codes of technical regulations.
Sec. 2.16 Authentication and recording;codification;printing of ordinances
and resolutions.
Article III. City Manager
Article IV. Departments,Offices,and Agencies
Sec. 4.01 General provisions.
Sec. 4.02 Personnel system.
Sec. 4.03 Legal officer.
Sec. 4.04 Land use,development,and environmental planning.
Sec. 4.05 Fire protection services.
Article V. Financial Management
Sec. 5.01 Submission of budget and budget message.
Sec. 5.02 Budget message.
Sec. 5.03 Budget.
Sec. 5.04 City council action on budget.
Sec. 5.05 Appropriation and revenue ordinances.
Sec. 5.06 Amendments after adoption.
Sec. 5.07 Financial advisory committee.
Sec. 5.08 Capital program.
*Editor's note-Printed herein is the Charter,as revised and approved by the voters in an election held November 2,2010.
Amendments to the Charter are indicated by parenthetical history notes following amended provisions.The absence of a history
note indicates that the provision remains unchanged from the original Charter approved November 2,2010.Obvious misspellings
(1101111011e have been corrected without notation.For stylistic purposes,a uniform system of headings,catchlines,capitalization,expression
of numbers and citations to state statutes has been used.Additions made for clarity are indicated by brackets [ 1.
Supp.No. 20 CHT:1
CAPE CANAVERAL.CODE
Sec. 5.09 Notice,hearing and adoption of capital plan.
Article VI. Elections
Sec. 6.01 City elections.
Sec. 6.02 Filing fee.
Sec. 6.03 Methods of electing council members.
Sec. 6.04 Initiative and citizen referendum.
Sec. 6.05 Recall.
Article VII. General Provisions
Sec. 7.01 Conflicts of interest and ethics.
Sec. 7.02 Campaign finance.
Sec. 7.03 Nepotism.
Article VIII. Charter Amendment
Sec. 8.01 Proposal of amendment.
Sec. 8.02 Election.
Sec. 8.03 Adoption of amendment.
Article IX. Transition and Severability
Sec. 9.01 Pending matters.
Sec. 9.02 State of municipal laws.
Sec. 9.03 Schedule.
Sec. 9.04 Severability.
3
Supp. No. 20 CHT:2
CHARTER § 1.02
City Charter the Atlantic Ocean 1,000 feet east of the mean
high water line of the Atlantic Ocean,and north of
City of Cape Canaveral, Florida a line described as follows:
Beginning at the intersection of a westerly
Preamble extension of the South line of Lot 21 in Banana
We the people of the City of Cape Canaveral, River Estates, as recorded in Plat Book 10,
under the constitution and laws of the State of Page 1,of the Public Records of Brevard County,
Florida, and the center line of the established
Florida, in order to secure the benefits of local channel of Banana River; thence along such
self-government and to provide for an honest and westerly extension and the South line of Lot 21
accountable council-manager government, do in an easterly direction to the westerly right
hereby adopt this Charter and confer upon the of-way line of Palm Avenue (SR No. 401);
city the following powers, subject to the following thence continue along the easterly extension of
restrictions, and prescribed by the following pro- the last described line to the East right-of-way
cedures and governmental structure. By this ac- line of Palm Avenue (SR No. 401); thence
tion, we secure the benefits of home rule and northerly along the East right-of-way line of
affirm the values of representative democracy, said Palm Avenue (SR No. 401) approximately
professional management,strong political leader- 2,440 feet to a point in the middle of Block 73,
ship, citizen participation, and regional coopera- in the Avon-by-the-Sea subdivision which is the
tion. point separating Lot 1 and Lot 9 in said Block
73, thence easterly along the rear line of the
ARTICLE I. POWERS OF THE CITY lots in Blocks 73, 74, 75, and 76, being the
blocks bounded on the North by Johnson Ave-
Sec. 1.01 Powers of the city. nue and on the South by Grant Avenue to the
intersection of this line with the mean high
The city shall have all powers possible for a city water line of the Atlantic Ocean, thence East
to have under the constitution and laws of the 1,000 feet to the East boundary line hereinaf-
state as fully and completely as though they were ter set forth; and bounded on the West by the
specifically enumerated in this Charter. center line of the established ship channel in
the Banana River, and on the East by a line
Sec. 1.02 Incorporation of the City of Cape paralleling the shoreline and 1,000 feet East of
Canaveral. the mean high water line of the Atlantic Ocean;
excepting the lands owned by the Canaveral
That a municipal corporation under and by the Port Authority and/or any additional govern-
name of City of Cape Canaveral is originally and ment-owned lands as of January 12, 1962, and
hereby created, organized and established in the including all littoral and riparian rights per-
County of Brevard and in the State of Florida, taining thereto.
and became a law without the Governor's ap- Together with: Lots 13 through 20 inclusive,
proval.Filed in the Office of the Secretary of State Banana River Estates,as recorded in Plat Book
on May 16, 1963, which said City shall embrace, 10, Page 1, of the Public Records of Brevard
include and have jurisdiction over all that terri- County, Florida.
tory in Brevard County described as follows: Together with: Lots Six(6) through Nine (9)
The tract of land situated in Secs. 14, 15, 16, inclusive, in Block Seventy-five (75) according
17,20,21,22,23,26,27,28 and 29 of Township 24 to the Plat of Avon-by-the-Sea subdivision, as
South, Range 37 East and being all of that land recorded in Plat Book 3, Page 7, of the Public
lying south of the South limits of the Cape Ca- Records of Brevard County, Florida.
naveral Missile Test Annex,now known as Canav- Together with: Lots 9 through 12, Block 73,
eral Port Authority, extended westerly to the Avon-by-the-Sea subdivision, as recorded in
center line of the established ship channel in the Plat Book 3, Page 7, of the Public Records of
Banana River, and extended easterly to a point in Brevard County, Florida.
Supp.No. 20 CHT:3
§ 1.03 CAPE CANAVERAL CODE
Sec. 1.03 Construction. elected terms of office as council member from
The powers of the city under this Charter shall qualifying and being elected for two additional
be construed liberally in favor of the city, and the consecutive elected terms as Mayor.
specific mention of particular powers in the char- The accruing of consecutive terms shall include
ter shall not be construed as limiting in any way only those terms beginning with the November 2,
the general power granted in this article. 2010, general election and all other terms arising
out of subsequent elections.
Sec. 1.04 Intergovernmental relations.
(d) Elected council members.Any newly elected
The city may participate by contract or other- mayor and city council member shall assume the
wise with any governmental entity of this state or duties of office at the next regular meeting of the
any other state or states or the United States in city council following their election.
the performance of any activity which one or more
of such entities has the authority to undertake. Sec. 2.03 Mayor.
(a) Powers and duties. The mayor shall be a
ARTICLE II. CITY COUNCIL voting member of the city council and shall attend
and preside at meetings of the city council, repre-
Sec. 2.01 General powers and duties. sent the city in intergovernmental relationships,
All powers of the city shall be vested in the city present an annual state of the city message, and
council, except as otherwise provided by law or perform other duties specified by the city council.
this Charter,and the city council shall provide for The mayor shall be recognized as head of the city
the exercise thereof and for the performance of all government for all ceremonial purposes and by
duties and obligations imposed on the city by law. the governor for purposes of military law but shall
have no administrative duties.
Sec. 2.02 Composition, eligibility, terms. (b) Mayor pro tern. The city council shall an-
(a) Composition. There shall be a city council nually elect from its membership a mayor pro
composed of a mayor and four council members tem who shall act as the mayor in the mayor's
elected by the voters of the city at large during a absence.
nonpartisan election held in accordance with pro-
visions of article VI. Sec. 2.04 Compensation; expenses.
(b) Eligibility. The members of the city council The city council may, by ordinance, provide for
shall be residents of the City of Cape Canaveral the compensation of the mayor, its members and
and shall have and possess the qualifications of its appointed officers, and the method of payment
registered voters of the City of Cape Canaveral. of the same.
Any member of the city council who shall cease to
have and possess the qualifications imposed on Sec. 2.05 Prohibitions.
such office shall forfeit his or her office and said
office shall immediately become vacant. (a) Holding other office. Except where autho
rized by law, no council member shall hold any
(c) Terms of office. The term of office for the other elected public office during the term for
mayor and city council members shall be three which the member was elected to the city council.
years elected in accordance with article VI. There No council member shall hold any other city office
shall be no limit on the total number of terms the or city employment during the terms for which
mayor or council members may serve,except that the member was elected to the city council. No
no person shall be elected to more than two former council member shall hold any compen-
consecutive elected terms as mayor or council sated appointive office or employment with the
member. However, this limitation shall not pro- city until one year after expiration of the term for
hibit a person who has served two consecutive which the member was elected to the city council. J
Supp. No. 20 CHT:4
LCHARTER §2.09
Nothing in the section shall be construed to (c) Filing [filling] of vacancies. Upon occur-
prohibit the city council from selecting any cur- rence of a vacancy on the city council, the city
rent or former council member to represent the council, by majority vote of all its remaining
city on the governing board of any regional or members, shall appoint a qualified person to fill
other intergovernmental agency. the vacancy until the vacancy is filled by election.
(b) Appointments and removals. Neither the Said appointment shall occur within 30 days of
the vacancy. If the vacancy occurs more than 90
city council nor any of its members shall in any days from the date of the next regular election,
manner control or demand the appointment or the vacancy shall be filled at said election. How
removal of any city administrative officer or em ever, if the vacancy occurs within 90 days from
ployee whom the city manager or any subordinate the date of the next regular election or the city
to the city manager is empowered to appoint, but council fails to make an appointment, the city
the city council may express its views and fully council shall call a special election to be held not
and freely discuss with the city manager anything sooner than 90 days and not later than 120 days
pertaining to appointment and removal of such following the occurrence of the vacancy, unless
offices and employees. the vacancy can be sooner filled at a regular
(c) Interference with administration. Except for election. Notwithstanding the requirements in
the purposes of inquiries and investigations un- section 2.11(c), if at any time the membership of
der section 2.09, the city council or its members the city council is reduced to less than four, the
shall deal with city officers and employees who remaining members may, by majority action, ap-
are subject to the direction of the supervision of point additional members to raise the member-
the city manager solely through the city manager, ship to five.
and neither the city council nor its members shall
(111110e give orders to any such officer or employee,either Sec. 2.07 Judge of qualifications.
publicly or privately. The city council shall be the judge of the
qualifications of its members, and of the grounds
Sec. 2.06 Vacancies; forfeiture of office; fill- for forfeiture of their office. In order to exercise
ing of vacancies. these powers,the city council shall have power to
(a) Vacancies. The office of a council member subpoena witnesses, administer oaths and re
shall become vacant upon the member's death, quire the production of evidence.A member charged
resignation,or removal from office or forfeiture of with conduct constituting grounds for forfeiture of
office in any manner authorized by law. office shall be entitled to a public hearing on
demand, and notice of such hearing shall be
(b) Forfeiture of office. A council member shall published in one or more newspapers of general
forfeit that office if the council member: circulation in the city at least one week in ad-
(1) Fails to meet the residency requirements vance of the hearing.
or fails to possess the qualifications of
registered voters, Sec. 2.08 City clerk.
(2) Violates any express prohibition of this The city manager shall appoint an officer of the
Charter, city who shall have the title of city clerk. The city
clerk shall give notice of city council meetings to
(3) Is convicted of a crime involving moral its members and the public, keep a journal of its
turpitude, or proceedings and perform such other duties as are
(4) Fails to attend three consecutive regular assigned by this Charter or by the city council or
meetings of the city council or more than by the state law.
30 percent of all meetings of the city Sec. 2.09 Investigations.
council held annually, without being ex-
cused by resolution duly adopted by the The city council may make investigations into
Limo'? city council. the affairs of the city and the conduct of any city
Supp.No. 20 CHT:5
§2.09 CAPE CANAVERAL CODE
department, office or agency and for this purpose Sec. 2.12 Action requiring an ordinance.
may subpoena witnesses, administer oaths, take
testimony,and require the production of evidence. In addition to other acts required by law or by
Failure or refusal to obey a lawful order issued in specific provision of this Charter to be done by
the exercise of these powers by the city council ordinance,those acts of the city council shall be by
shall be a misdemeanor punishable by a fine of ordinance which:
not more than $500.00, or by imprisonment for
not more than 60 days or both. (1) Adopt or amend any administrative code
or establish, alter, or abolish any city
department, office, or agency.
Sec. 2.10 Independent audit. (2) Provide for a fine or other penalty or
establish a rule or regulation for violation
The city council shall provide for an indepen of which a fine or other penalty is im
dent annual audit of all city accounts consistent posed;
with the requirements of Florida law and may (3) Grant, renew or extend a franchise;
provide for more frequent audits as it deems
necessary. (4) Regulate the rate charged for its services
by a public utility;
Sec. 2.11 Procedure. (5) Authorize the borrowing of money;
(6) Convey or lease or authorize the convey-
(a) Meetings. The city council shall meet regu- ance or lease of any lands of the city;
larly at least once in every month at such times
and places as the city council may prescribe by (7) Regulate land use and development;
rule. Special meetings may be held on the call of (8) Amend or repeal any ordinance previ-
three or more members and, whenever practica- ously adopted; or
ble, upon no less than 12 hours' notice to each
member. Except as allowed by state law, all meet- (9) Adopt, with or without amendment, ordi-
ings shall be public. nances proposed under the initiative power.
Acts other than those referred to in the preced-
(b) Rules and journal. The city council shall ing sentence may be done either by ordinance or
determine its own rules and order of business and by resolution.
shall provide for keeping a journal of its proceed-
ings. This journal shall be a public record.
Sec. 2.13 Ordinances in general.
(c) Voting. Voting, except on procedural mo- (a) Form. Every proposed ordinance shall be
tions, shall be by roll call and the ayes and nays introduced in writing and in the form required for
shall be recorded in the journal. Three members final adoption. No ordinance shall contain more
of the city council shall constitute a quorum,but a than one subject,which shall be clearly expressed
smaller number may adjourn from time to time in its title. The enacting clause shall be"The City
and may compel the attendance of absent mem- of Cape Canaveral hereby ordains..." Any ordi-
hers in the manner and subject to the penalties nance which repeals or amends an existing ordi-
prescribed by the rules of the city council. No nance or part of the City Code shall set out in full
action of the city council, except as otherwise the ordinance, sections or subsections to be re-
provided in the preceding sentence, in section pealed or amended, and shall indicate matters to
2.06(c) and section 2.14 shall be valid or binding be omitted by enclosing them in brackets or by
unless adopted by the affirmative vote of three(3) strikeout type and shall indicate new matters by
or more members of city council. underscoring or by italics. J
Supp.No.20 CHT:6
CHARTER §2.16
L110,'
(b) Effective date. Except as otherwise pro- ments governing such an adopting ordinance shall
vided in this Charter, every adopted ordinance be as prescribed for ordinances generally except
shall become effective at the expiration of ten that:
days after adoption or any date specified in the
ordinance. (1) The requirements of section 2.13 for dis-
tribution and filing of copies of the ordi-
(c) Publication of ordinances. Every proposed nance shall be construed to include copies
ordinance shall be published and advertised con- of the code of technical regulations as well
sistent with the requirements of Florida law. as of the adopting ordinance, and
(2) A copy of each adopted code of technical
Sec. 2.14 Emergency ordinances. regulations as well as of the adopting
ordinance shall be authenticated and re-
To meet a public emergency affecting life,health,
corded by the city clerk pursuant to sec-
property or the public peace, the city council may tion 2.16(a).
adopt one or more emergency ordinances. Such
ordinances shall be consistent with the require- Copies of any adopted code of technical regula-
ments and limitations of Florida law and may not tions shall be made available by the city clerk for
levy taxes; grant, renew, or extend a franchise; distribution or for purchase at a reasonable price.
regulate the rate charged by any public utility for
its services or authorize the borrowing of money. Sec. 2.16 Authentication and recording;cod-
An emergency ordinance shall be introduced in ification; printing of ordinances
the form and manner prescribed for ordinances and resolutions.
generally, except that it shall be plainly desig-
Lnated as an emergency ordinance and shall con (a) Authentication and recording.The city clerk
ie
tain, after the enacting clause, a declaration stat-
ing that an emergency exists and describing it in full in a properly indexed book kept for the
clear and specific terms.An emergency ordinance purpose all ordinances and resolutions adopted by
may be adopted with or without amendment or the city council.
rejected at the meeting at which it is introduced, (b) Codification. Within five years after adop-
but the affirmative vote of at least two-thirds of tion of this Charter and at least every 15 to 20
the members present shall be required for adop- years thereafter, the city council shall provide for
tion. After its adoption, the ordinance shall be the preparation of a general codification of all city
published and printed as prescribed for other ordinances having the force and effect of law. The
adopted ordinances.It shall become effective upon general codification shall be adopted by the city
adoption or at such later time as it may specify. council by ordinance and shall be published, to-
Every emergency ordinance except one made pur- gether with this Charter and any amendments
suant to section 5.06(b)shall automatically stand thereto, pertinent provisions of the constitution
repealed as of the 61st day following the date on and other laws of the state of Florida, and such
which it was adopted, but this shall not prevent codes of technical regulations and other rules and
reenactment of the ordinance in the manner spec- regulations as the city council may specify. This
ified in this section if the emergency still exists. compilation shall be known and cited officially as
An emergency ordinance may also be repealed by the Cape Canaveral City Code. Copies of the code
adoption of a repealing ordinance in the same shall be furnished to city officers,placed in librar-
manner specified in the section for adoption of ies, public offices, and if available, in a web site
emergency ordinances. for free public reference and made available for
purchase by the public at a reasonable price fixed
Sec. 2.15 Codes of technical regulations. by the city council.
The city council may adopt any standard code (c) Printing of ordinances and resolutions. The
of technical regulations by reference thereto in an city council shall cause each ordinance and reso-
L adopting ordinance. The procedure and require- lution having the force and effect of law and each
Supp.No. 20 CHT:7
§2.16 CAPE CANAVERAL CODE
amendment to this Charter to be printed promptly and may prescribe the functions of all depart-
following its adoption, and the printed ordi- ments,offices,and agencies.No function assigned
nances,resolutions and Charter amendments shall by this Charter to a particular department,office,
be available to the public at reasonable prices or agency may be discontinued or unless this
consistent with provisions of Florida law. Follow- Charter specifically so provides, assigned to any
ing publication of the first Cape Canaveral City other.
Code and at all times thereafter, the ordinances,
resolutions and Charter amendments shall be (b) Direction by city manager.All departments,
printed in substantially the same style as the offices and agencies under the direction and su
code currently in effect and shall be suitable in pervision of the city manager shall be adminis-
form for integration therein.The city council shall tered by an officer appointed by and subject to the
make such further arrangements as it deems direction and supervision of the manager.The city
desirable with respect to reproduction and distri manager may serve as the head of one or more
bution of any current changes in or additions to such departments, offices, or agencies or may
the provisions of the constitution and other laws appoint one person as the head of two or more of
of the State of Florida, or the codes and technical them.
regulations and other rules and regulations in-
cluded in the code. Sec. 4.02 Personnel system.
(a) Merit principle. All appointments and pro-
ARTICLE III. CITY MANAGER motions of city officers and employees shall be
made solely on the basis of merit and fitness
The city council shall,by majority vote,appoint demonstrated by a valid and reliable examination
a city manager to be the administrative head of or other evidence of competence.
the government and shall be responsible for the
effective administration of all departments of the (b) Merit system. Consistent with all applica-
J
city.The city manager shall be chosen on the basis ble federal and state laws the city council shall
of executive and administrative qualifications. provide for the establishment, regulation, and
The city manager shall hold office at the will of maintenance of a merit system governing person-
the city council, and shall receive such salary as nel policies necessary to effective administration
may be fixed by the city council.The duties of city of the employees of the city's departments, offices
manager shall be established by the city council, and agencies, including, but not limited to, clas-
by ordinance. By letter filed with the city clerk, sification and pay plans, examinations, force re-
the city manager shall designate a qualified ad- duction, removals, working conditions, provi-
ministrative officer of the city to exercise the sional and exempt appointments, in-service
powers and perform the duties of city manager training, grievances and relationships with em-
during the city manager's temporary absence or ployee organizations.
disability. During extended absence or disability
of the city manager, the city council may revoke Sec. 4.03 Legal officer.
such designation at any time and appoint another
administrative officer of the city to serve until the (a) Appointment. The city council shall appoint
city manager shall return. a city attorney, and may appoint assistant city
attorneys, who shall serve at the pleasure of the
city council, and who shall be compensated as
ARTICLE W. DEPARTMENTS, OFFICES, determined by the city council. The city attorney
AND AGENCIES and assistant city attorneys, if any, shall be law-
yers in good standing and licensed to practice in
Sec. 4.01 General provisions. the State of Florida.
(a) Creation of departments. The city council (b) Duties. The city attorney shall serve as the
may establish city departments, offices, or agen- chief legal advisor to the city council, all of the
cies in addition to those created by this Charter city's officers and the city departments in mattersj
Supp.No. 20 CHT:8
CHARTER §5.03
Le
relating to their official duties. The city attorney The city council shall not formally commit the
or special counsel,as maybe appointed by the city city to build or acquire a Fire Station until such
council, shall represent the city in all legal pro- time that the city council holds a duly noticed
ceedings, shall prepare all contracts, bonds, ordi- public hearing.
nances and other instruments in writing in which
the city is concerned, or shall endorse on each his
or her approval of the form, language and execu- ARTICLE V. FINANCIAL MANAGEMENT
tion thereof. The city attorney shall also perform
any other duties prescribed by state law, by this Sec. 5.01 Submission of budget and budget
Charter or by ordinance. message.
On or before the 30th day of June of each year,
Sec. 4.04 Land use, development, and envi- the city manager shall submit to the city council a
ronmental planning. budget for the ensuing fiscal year and an accom-
panying message.
Consistent with all applicable federal and state
laws with respect to land use, development, and
environmental planning, the city council shall Sec. 5.02 Budget message.
designate an agency or agencies to carry out theThe city manager's message shall explain the
planning function. budget both in fiscal terms and in terms of work
programs, linking those programs to organiza-
The designated agency, the city manager, and tional goals and community priorities. It shall
the city council shall seek to act in cooperation outline the proposed financial policies of the city
with other jurisdictions and organizations in their for the ensuing fiscal year and the impact of those
region to promote integrated approaches to re-
Lire gional issues. policies on future years. It shall describe the
important features of the budget, indicate any
major changes from the current year in financial
Sec. 4.05 Fire protection services. policies,expenditures,and revenues together with
the reasons for such changes, summarize the
The city council shall pass no ordinance, reso- city's debt position,including factors affecting the
lution, or motion obligating or authorizing the ability to raise resources through debt issues, and
city to establish or operate a fire department or to include such other material as the city manager
contract for fire protection services with any per- deems desirable.
son, governmental entity or corporation other
than the Cape Canaveral Volunteer Fire Depart- Sec. 5.03 Budget.
ment, Inc., without such plan or proposal having
been first approved by a majority vote of the The budget shall provide a complete financial
qualified electors of the city voting in a general plan of all city funds and activities for the ensuing
election or one held for this purpose. Nothing fiscal year and, except as required by law or this
herein shall prevent the city or Cape Canaveral Charter,shall be in such form as the city manager
Volunteer Fire Department, Inc., from entering deems desirable or the city council may require
into a mutual aid agreement with any municipal- for effective management and an understanding
ity, Brevard County or any private or federal of the relationship between the budget and the
agency for the purpose of supplementing the fire city's strategic goals. The budget shall begin with
protection services provided by the Cape Canav- a clear general summary of its contents; shall
eral Volunteer Fire Department, Inc. Further show in detail all estimated income, indicating
providing that any action previously taken by the proposed property tax levy, and all proposed
Resolution, motion or otherwise to establish or expenditures, including debt service, for the en-
operate a Fire Department shall be terminated or suing fiscal year; and shall be so arranged as to
Lire' stayed until brought into compliance with this show comparative figures for actual and esti-
section. mated income and expenditures of the current
Supp. No. 20 CHT:9
§5.03 CAPE CANAVERAL CODE
fiscal year and actual income and expenditures of (2) A tax levy resolution authorizing the prop-
the preceding fiscal year. It shall indicate in erty tax levy or levies and setting the tax
separate sections: rate or rates; and
(1) The proposed goals and expenditures for (3) Any other resolutions required to autho-
current operations during the ensuing fis- rize new revenue or to amend the rates or
cal year, detailed for each fund by depart- other features of existing taxes or other
ment or by other organization unit, and revenue sources.
program, purpose or activity, method of
financing such expenditures, and meth- Sec. 5.06 Amendments after adoption.
ods to measure outcomes and perfor-
mance related to the goals; (a) Supplemental appropriations. If during or
before the fiscal year the city manager certifies
(2) Proposed longer-term goals and capital that there are available for appropriation reve-
expenditures during the ensuing fiscal nues in excess of those estimated in the budget,
year, detailed for each fund by depart- the city council by resolution may make supple-
ment or by other organizational unit when mental appropriations for the year up to the
practicable,the proposed method of financ- amount of such excess.
ing each such capital expenditure, and
methods to measure outcomes and perfor (b) Emergency appropriations. To address a
mance related to the goals; and public emergency affecting life, health, property
or the public peace, the city council may make
(3) The proposed goals, anticipated income emergency appropriations. Such appropriations
and expenses, profit and loss for the en- may be made by resolution.
suing year for each utility or other J enter-
prise fund or internal service fund oper (c) Reduction of appropriations. If at any time
ated by the city, and methods to measure during the fiscal year it appears probable to the
outcomes and performance related to the city manager that the revenues or fund balances
goals. For any fund, the total of proposed available will be insufficient to finance the expen-
expenditures shall not exceed the total of ditures for which appropriations have been autho-
estimated income plus carried forward rized, the manager shall report to the city council
fund balance exclusive of reserves. without delay,indicating the estimated amount of
the deficit, any remedial action taken by the
manager and recommendations as to any other
Sec. 5.04 City council action on budget. steps to be taken. The city council shall then take
such further action as it deems necessary to
The city council shall adopt the budget consis- prevent or reduce any deficit and for that purpose
tent with the requirements and procedures of it may by resolutions reduce or eliminate one or
Florida Law. more appropriations.
Sec. 5.05 Appropriation and revenue ordi- (d) Transfer of appropriations. At any time or
nances. before the fiscal year, the city council may by
resolution transfer part or all of the unencum-
To implement the adopted budget, the city bered appropriation balance from one depart-
council shall adopt, prior to the beginning of the ment, fund, service, strategy or organizational
fiscal year: unit to the appropriation for other departments or
organizational units or new appropriation. The
(1) An appropriation resolution making ap- city manager may transfer funds among pro-
propriations by department, fund, ser- grams within a department, fund, service, strat-
vice, strategy or other organizational unit egy or organizational unit and shall report such
and authorizing an allocation for each transfers to the city council in writing in a timely
program or activity; manner.
Supp. No. 20 CHT:10
CHARTER §6.03
LISOf'
(e) Limitation;effective date. No appropriation (5) Method of financing upon which each cap-
for debt service may be reduced or transferred, ital expenditure is to be reliant;
except to the extent that the debt is refinanced
and less debt service is required, and no appro (6) The estimated annual cost of operating
priation may be reduced below any amount re and maintaining the facilities to be con
quired by law to be appropriated or by more than strutted or acquired;
the amount of the unencumbered balance thereof. (7) A commentary of how the plan addresses
The supplemental and emergency appropriations the sustainability of the community and
and reduction or transfer of appropriations autho- the region of which it is a part; and
rized by this section may be made effective imme-
(8) Methods to measure outcomes and perfor-
diately upon adoption. mance of the capital plan related to the
long-term goals of the community.
Sec. 5.07 Financial advisory committee.
The above shall be revised and extended each
A financial advisory committee comprised of year with regard to capital improvements still
three citizen volunteers or business owners, who pending or in process of construction or acquisi-
have financial background, may be appointed by tion.
the city manager. One member may be a business
person from outside the city. The city manager Sec. 5.09 Notice, hearing and adoption of
and the city treasurer shall serve in an ad hoc capital plan.
capacity. The purpose of the Committee is to
provide input concerning: The city council shall treat the capital program
as part of the budget.
(1) The overall financial health of the city;
Lore (2) The safety/profitability of the city's finan ARTICLE VI. ELECTIONS
cial investments; and
(3) The city's budgetary matters. Sec. 6.01 City elections.
The regular municipal elections shall be held
Sec. 5.08 Capital program. each year on the first Tuesday following the first
(a) Submission to city council. The city man- Monday in November in accordance with the
ager shall prepare and submit to the city council procedures of Florida Law.All city elections shall
a multi-year capital program no later than three be non-partisan.
months before the final date for submission of the
budget. Sec. 6.02 Filing fee.
(b) Contents. The capital program shall in- There shall be a filing fee for candidates qual
dude: ifying to have their names placed on the election
ballot in the amount of$15.00 for each candidate.
(1) A clear general summary of its contents;
(2) Identification of the long-term goals of the Sec. 6.03 Methods of electing council mem-
bers.
community;
(3) A list of all capital improvements and Terms for elected officials shall be staggered.
other capital expenditures which are pro- Commencing with the general election of 2011,
posed to be undertaken during the fiscal two council member seats shall be placed on the
years next ensuing; ballot for election; the mayor shall be placed on
the ballot for election in the next year; and two
(4) Cost estimates and recommended time council member seats in the next year. This shall
Lire schedules for each improvement or other be a continuous three-year rotation.During coun-
cil member election years,the two persons receiv-
Supp.No. 20 CHT:11
§6.03 CAPE CANAVERAL CODE
ing the greatest number of votes shall be declared number to at least five percent of the total
the winners. During mayoral elections, the per- number of registered voters to vote at the
son with the greatest number of votes shall be last regular election.
declared the winner.
(2) Form and content. All papers of a petition
shall be uniform in size and style and
Sec. 6.04 Initiative and citizen referendum. shall be assembled as one instrument for
filing.Each signature shall be executed in
(a) General authority for initiative and citizen ink or indelible pencil and shall be fol-
referendum. lowed by the address of the person sign-
ing. Initiative and citizen referendum pe-
(1) Initiative. The registered voters of the city
titions shall contain or have attached
shall have power to propose ordinances to thereto throughout their circulation the
the city council and, if the city council full text of the ordinance proposed or
fails to adopt an ordinance so proposed sought to be reconsidered.
without any change in substance,to adopt
or reject it at a city election, but such (3) Affidavit of circulator. Each paper of a
power shall not extend to the budget or petition shall have attached to it when
capital program or any ordinance relating filed an affidavit executed by the person
to appropriation of money,levy of taxes or circulating it stating that he or she per-
salaries of city officers or employees. sonally circulated the paper, the number
of signatures thereon, that all the signa-
(2) Citizen referendum. The registered voters tures were affixed in his or her presence,
of the city shall have power to require that he or she believes them to be the
reconsideration by the city council of any genuine signatures of the persons whose
adopted ordinance and, if the city council names they purport to be and that each
fails to repeal an ordinance so reconsid- signer had an opportunity,before signing,
ered, to approve or reject it at a city to read the full text of the ordinance
election, but such power shall not extend proposed or sought to be reconsidered.
to the budget or capital program or any
emergency ordinance or ordinances relat (4) Time for filing referendum. Referendum
ing to appropriation of money or levy of petitions must be filed within 30 days
taxes. after adoption by the city council of the
ordinance sought to be reconsidered.
(b) Commencement of proceeding; petitioners' (d) Procedure after filing.
committee; affidavit. Any five registered voters
may commence initiative or citizen referendum (1) Certificate of clerk; amendment. Within
proceedings by filing with the city clerk an affi- five calendar days of receipt of the peti-
davit stating they will constitute the petitioners' tioners'committee petition,the clerk shall
committee and be responsible for circulating the forward same to the supervisor of elec-
petition and filing it in proper form, stating their tions for verification of signatures.Within
names and addresses and specifying the address ten calendar days after the petition is
to which all notices to the committee are to be returned from the supervisor of elections
sent, and setting out in full the proposed initia- office, the city clerk shall complete a cer-
tive ordinance, citing the ordinance sought to be tificate as to its sufficiency, specifying if it
reconsidered. is insufficient,and the particulars wherein
it is defective, and shall promptly send a
(c) Petitions. copy of the certificate to the petitioners'
committee by certified mail. A petition
(1) Number of signatures. Initiative and citi- certified insufficient for lack of the re-
zen referendum petitions must be signed quired number of valid signatures may be
by registered voters of the city equal in amended once if the petitioners' commitJ
-
Supp.No. 20 CHT:12
CHARTER §6.04
(11111110e
tee files a notice of intent to amend it with upon court review, shall not prejudice the
the clerk within two days after receiving filing of a new petition for the same pur-
the copy of his or her certificate and files pose.
a supplementary petition upon additional (e) Referendum petitions; suspension of effect
papers containing additional signatures of ordinance. When a referendum petition is filed
within ten calendar days after receiving with the city clerk, the ordinance sought to be
the copy of such certificate. Such supple- reconsidered shall be suspended from taking ef-
mentary petition shall comply with the fect. Such suspension shall terminate when:
requirements of paragraphs (2) and (3) of
section 6.04(c), and within five calendar (1) There is a final determination of insuffi-
section
after the supplementary petition is ciency of the petition,
returned from the supervisor of elections (2) The petitioners'committee withdraws the
office the city clerk shall complete a cer- petition,
tificate as to the sufficiency of the petition (3) The city council repeals the ordinance, or
as amended and promptly send a copy of
such certificate to the petitioners'commit- (4) Thirty days have elapsed after a vote of
tee by certified mail as in the case of an the city on the ordinance.
original petition. If a petition or amended (f) Action on petitions.
petition is certified sufficient or if a peti- (1) Action by city council. When an initiative
tion or amended petition is certified insuf- or referendum petition has been finally
ficient and the petitioners'committee does determined sufficient,the city council shall
not elect to amend or request city council promptly consider the proposed initiative
Clio? review under paragraph(2)of this subsec- in the manner provided in ar-
tion within the time required, the clerk ticle II or reconsider the referred ordi-
shall promptly present his or her certifi- nance by voting its repeal. If the city
cate to the city council and the certificate council fails to adopt a proposed initiative
shall then be a final determination as to ordinance without any change in sub-
the sufficiency of the petition. stance within 60 days or fails to repeal the
referred ordinance within 30 days after
(2) City council review. If a petition has been the date the petition was finally deter-
certified insufficient and the petitioners mined sufficient, it shall submit the pro-
committee does not file notice of intention posed or referred ordinance to the voters
to amend it or if an amended petition has of the city.
been certified insufficient, the committee (2) Submission to voters of proposed or re-
may, within two days after receiving the ferred ordinance. The vote on a proposed
copy of such certificate,file a request that or referred ordinance shall be held at the
it be reviewed by the city council.The city next regularly scheduled election, pro-
council shall review the certificate at its vided the final city council vote takes
next meeting following the filing of such place more than 75 days prior to the date
request and approve or disapprove it, and of the general election.
the city council's determination shall then
be a final determination as to the suffi (g) Results of election.
ciency of the petitions. (1) Initiative. If a majority of the registered
voters voting on a proposed initiative or-
(3) Court review; new petition. An aggrieved dinance vote in its favor, it shall be con-
party may appeal a final determination as sidered adopted upon certification of the
to the sufficiency of a petition to a court of election results and shall be treated in all
competent jurisdiction.A final determina-
tion of insufficiency, even if sustained ordi-
nances of the same kind adopted by the
Supp.No. 20 CHT:13
§6.04 CAPE CANAVERAL CODE
city council. If conflicting ordinances are Sec. 7.02 Campaign finance.
approved at the same election, the one
receiving the greatest number of affirma F.S. ch. 106, as may be amended, shall govern
tive votes shall prevail to the extent of conduct related to campaign finance.
such conflict.
Sec. 7.03 Nepotism.
(2) Referendum. If a majority of the regis (a) No member of the immediate family or a
tered voters voting on a referred ordi significant other of the mayor or a member of the
nance vote against it, it shall be consid city council shall be eligible to hold a paid position
ered repealed upon certification of the with the City of Cape Canaveral. Immediate
election results. family shall be deemed to include spouse,parent,
(h) Repeal of ordinances adopted by referen child,grandparent,grandchild,niece,nephew and
dum. Ordinances adopted by referendum vote can sibling of the whole or half blood. Significant
be amended or repealed only by a referendum other shall be deemed to include any person in a
vote, but the proposition to amend or repeal such family-type living arrangement or domestic part-
ordinances may be submitted to the voters in any nership with the mayor or a member of the city
regular election of the city, provided that the city council, and who would constitute a spouse if
council shall cause notice of such reference to be married to the mayor or a member of the city
published in a newspaper of general circulation council.
published in the County of Brevard, Florida, (b) Except as stated in this section, F.S.
using only the title of such ordinance in the notice § 112.3135, as may be amended, or any successor
if it is to be repealed,but the amendment in full if statute, shall govern the appointment, employ-
it is to be amended. Said notice shall be published ment, promotion and advancement of individuals
according to the requirements of Florida law. in employment or to any position over which the
city council or members of the city staff exercise
Sec. 6.05 Recall. jurisdiction or control.
Recall of city council members shall be in ARTICLE VIII. CHARTER AMENDMENT
accordance with the general law of the State of
Florida. Sec. 8.01 Proposal of amendment.
Amendments to this Charter may be framed
ARTICLE VII. GENERAL PROVISIONS and proposed:
Sec. 7.01 Conflicts of interest and ethics. (a) In the manner provided by law,
(b) By ordinance of the city council contain-
(a) Ethics. F.S. ch. 112, part III, as may be ing the full text of the proposed amend-
amended, shall govern conduct related to city ment and effective upon adoption, or
council and city employee conflicts of interest and (c) By the voters of the city.
ethics. The city council shall appropriate suffi-
cient funds to provide,require and attend annual Proposal of an amendment by the voters of the
training and education of city officials, appointed city shall be by petition containing the full text of
officials, employees, volunteer advisory board/ the proposed amendment and shall be governed
committee members and candidates for public by the same procedures and requirements pre-
office, regarding the ethics code. scribed in article VI for initiative petitions until
such time as a final determination as to the
(b) Penalties. Penalties for ethical violations sufficiency of the petition is made, except that
shall be as provided by general law or as estab- there shall be no limitation as to the subject
lished by ordinance of the city council. matter and that the petition must be signed by
Supp.No. 20 CHT:14
CHARTER §9.04
‘111100f
registered voters of the city equal in number to at Sec. 9.03 Schedule.
least ten percent of the total number of those
registered to vote at the last regular city election. (a) Election. Elections shall be conducted as
The petitioners' committee may withdraw the outlined in section 6.01.
petition at any time before the 15th day immedi- (b) Time of taking full effect. This Charter
ately preceding the day scheduled for the city vote shall take effect immediately upon adoption pur-
on the amendment. suant to the requirements of Florida law.
Sec. 8.02 Election. (c) Salary of mayor and council members. The
mayor and council members shall receive compen-
Upon adoption of an ordinance by the city sation as established by ordinance and set forth in
council or a petition finally determined sufficient, the City Code.
proposing an amendment pursuant to section
8.01, the city clerk shall submit the proposed Sec. 9.04 Severability.
amendment to the voters of the city at the next If any provision of this Charter is held invalid,
regularly scheduled election, provided the receipt the other provisions of the Charter shall not be
takes place more than 90 days prior to the date of affected.If the application of the Charter or any of
the general election. The city clerk shall cause its provisions to any person or circumstance is
notice of such ballot items to be published accord- held invalid, the application of the Charter and
ing to Florida Law. its provisions to other persons or circumstances
shall not be affected.
Sec. 8.03 Adoption of amendment.
If a majority of those voting upon a proposed
Charter amendment vote in favor of it,the amend-
ment shall become effective at the time fixed in
the amendment or, if no time is therein fixed, 30
days after its adoption by the voters.
ARTICLE IX. TRANSITION AND
SEVERABILITY
Sec. 9.01 Pending matters.
All rights, claims, actions, orders, contracts,
and legal administrative proceedings shall con-
tinue, except as modified pursuant to the provi-
sions of this Charter and in each case shall be
maintained, carried on or dealt with by the city
department, office or agency appropriate under
this Charter.
Sec. 9.02 State of municipal laws.
All city ordinances, resolutions, orders and
regulations which are in force when this Charter
becomes fully effective are repealed to the extent
that they are inconsistent or interfere with the
effective operation of this Charter or of ordi-
nances or resolutions adopted pursuant thereto.
Supp.No. 20 CHT:15
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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
(111.1110f 4 Art. III,§4
5 Art. >V§ 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
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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.
Secs. 2-28-2-40. 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
(1111111111110" 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.
(impoe. *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. 20 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.
Secs. 2-172-2-180. Reserved.
Division 2. Beautification Board
Sec. 2-181. Established,membership,terms,qualifications.
Sec. 2-182. Meetings; bylaws;officers.
Sec. 2-183. Absence from meetings.
Sec. 2-184. Duties.
Sec. 2-185. Coordination with planning and zoning board.
Sec. 2-186. Indebtedness.
Secs. 2-187-2-205. Reserved.
Article V. Finance
Division 1. Generally
Sec. 2-206. Quarterly report of income and expenditures.
Sec. 2-207. Personal property control.
Secs. 2-208-2-215. 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. 20 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
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.
L
Supp.No. 20 CD2:3
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ADMINISTRATION §2-42
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
shall take office in accordance with results of the
year term. Further, should any general election
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, designation in the time above stated, the candi-
section 2.06, of the Charter, then the unexpired date shall be deemed to have made a designation
term shall be filled by the candidate receiving the for a full term.
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. Reserved.
vacancy be filled at the election, then those re- Editor's note—Ordinance No.1-95,§1,adopted February
ceiving the greatest number of votes shall be 21,1995,repealed§2-28,which pertained to councilmembers'
declared elected for the longest terms. areas of interest and derived from§27.108 of the 1981 Code
(Code 1981, § 231.01; Ord. No. 35-93, § 1(231.01), and Ord. No. 39-93,§2, 10-19-93.
10-19-93; Ord. No. 01-2011, § 2, 4-19-11)
Charter references—Filling of vacancies,§2.06;election Secs. 2-29-2-40. Reserved.
of council members, §6.03.
Cross reference—Elections,ch. 26.
DIVISION 2. COMPENSATIONt
Sec. 2-27. Uncontested elections.
If the number of candidates qualifying for an Sec. 2-41. Established for councilmembers
election which does not include city council posi- other than mayor.
*Charter references—General powers and duties,§2.01; The compensation for the members of the city
composition,eligibility,terms, §2.02;mayor, §2.03;compen- council other than the mayor shall be $2,400.00
sation,expenses,§2.03;prohibitions,§2.05;vacancies,forfei-
ture of office, filling of vacancies, § 2.06;judge of qualifica- per year.
tions,§2.06;city clerk,§2.08;investigations,§2.09;independent (Code 1981, § 311.02; Ord. No. 30-94, § 2, 8-2-94)
audit,§2.10;procedure,§2.11;action requiring an ordinance,
§ 2.12; ordinances in general, § 2.13; emergency ordinances, Sec. 2-42. Established for mayor.
§ 2.14; codes of technical regulations, § 2.15; authentication
and recording,codification,printing of ordinances and resolu-
tions,§2.176. The compensation for the mayor shall be
Cross reference—The mayor or city manager in the case $3,200.00 per year.
of the absence of the mayor,or any available councilmember in (Code 1981, § 311.01; Ord. No. 30-94, § 2, 8-2-94)
the absence of the mayor and city manager, may declare a
state of emergency,§ 18-2. tCharter reference—Compensation,art. III,§3.
Supp.No. 20 CD2:5
§2-43 CAPE CANAVERAL.CODE
j.
Secs. 2-43-2-55. Reserved. which requires immediate action by the
council. The clerk shall immediately at-
DIVISION 3. MEETINGS* tempt to give notice to each member of the
council stating the hour of the meeting
Sec. 2-56. Regular meetings. and the purpose for which such meeting is
called, and no other business shall be
The city council shall hold regular meetings on enacted at that meeting. If, after reason-
the third Tuesday of each month at 7:00 p.m. The able diligence, it is impossible to give
city council may, on an as-needed basis, begin its notice to each councilmember, such fail-
regular meetings prior to 7:00 p.m. When the day ure shall not affect the legality of the
fixed for any regular meeting falls upon a day meeting.
designated by law as a legal national holiday,
such meeting will not be held. Regular meetings (b) All special meetings shall be held in the
may be otherwise postponed,canceled or resched- city hall or such other place as designated by a
uled by consensus of the city council.All regular majority of the council in open session and shall
meetings shall be held in the place as designated be open to the public and the press.
by a majority of the council in open session. (Code 1981, § 271.03; Ord. No. 04-2002, §§ 1, 2,
(Code 1981, § 271.02; Ord. No. 24-93, § 1(271.02), 3-19-02; Ord. No. 01-2011, § 2, 4-19-11; Ord. No.
8-17-93; Ord. No. 10-2009, § 2, 9-15-09; Ord. No. 01-2011, § 2, 4-19-11)
01-2011, § 2, 4-19-11)
Sec. 2-58. Workshop meetings.
Sec. 2-57. Special meetings.
(a) A special meeting of the city council may be Workshop meetings may be called to informally
initiated by any of the following means: discuss matters relating the [to] city business.
Workshop meetings shall be held in the place so
(1) By an affirmative vote of a majority of the designated by council to be the locations of work-
city council pursuant to the Charter, arti- shop meetings and shall be open to the public and
cle II, section 2.11. press.Notice of workshop meetings shall be posted
(2) By serving the city manager or the city 24 hours in advance at the city hall and on the
clerk notice in writing and signed by a city website. Minutes of the workshop meeting
majority of the city council. The clerk shall be prepared and distributed to council mem-
shall immediately give verbal or written bers.
notice to each member of the council (Code 1981, § 271.04; Ord. No. 23-93, § 1(271.04),
stating the date and hour of the meeting 8-17-93; Ord. No. 26 95, § 1, 11-9-95; Ord. No.
and the purpose for which such meeting is 04 2002, § 3, 3-19-02; Ord. No. 01 2011 § 2,
called, and no other business shall be 4-19-11)
enacted at that meeting. The clerk in the
notice of a special meeting initiated in Sec. 2-59. Preparation of ordinances and res-
this manner shall allow at least 24 hours olutions prior to meeting.
to elapse between the call of the meeting
and the date and hour of the meeting. All ordinances and resolutions prepared shall
Notice shall be posted at city hall and on have a permanent reference number assigned
the city website. prior to consideration by the council at any regu-
(3) By verbal notice to the city clerk or the lar meeting.A copy of the ordinance or resolution
city manager by a majority of the city for adoption at the regular meeting is furnished
council whenever an emergency exists in the council agenda packet.
(Code 1981, § 271.05(D); Ord. No. 04-2002, § 4,
*Charter reference—Meetings and other procedures, 3-19-02; Ord. No. 01-2011, § 2, 4-19-11)
§2.11. Cross references—City clerk, § 2-116 et seq.;city attor-
State law reference—Public meetings,F.S.ch. 286. ney, §2-126 et seq.
Supp.No. 20 CD2:6
ADMINISTRATION §2-66
Lie
Sec. 2-60. Preparation and notice of agenda. Sec. 2-64. Call to order; quorum; roll call.
(b) All items to be placed on the agenda must (a) The presiding officer of the city council
be initiated by a member of the city council, the shall take the chair at the hour appointed for the
city attorney, city clerk, city manager, or depart- meeting and shall immediately call the council to
ment director. order. In the absence of the mayor and the mayor
pro tern,any councilmember may call the meeting
(c) All items to be placed on the agenda must to order at the appointed hour.
be filed with the city clerk the Wednesday two (b) In a regular or special meeting before pro-
weeks prior to the council meeting.Agenda pack- ceeding with the business of the council, the city
ets shall be distributed to council members the clerk or his designee shall call the roll of the
Tuesday one week prior to the council meeting. members in alphabetical order, and the names of
(d) Public notice of the agenda for all meetings those present shall be entered in the minutes.
shall be served by posting the agenda in a con- (c) If a quorum of three is not present at the
spicuous place at city hall and on the city website roll call, no further business shall be transacted
the Tuesday one week preceding the meeting. and a recess shall be automatic for a period of 30
(Code 1981, § 271.06(A)—(C), (E); Ord. No. 04- minutes or until a quorum is in attendance,
2002, § 5, 3-19-02; Ord. No. 01-2011, § 2, 4-19-11) whichever shall first occur. If a quorum is not in
attendance at the end of the 30-minute recess,the
Sec. 2-61. Parliamentary procedure. meeting shall be automatically adjourned.
Except as may be provided in the Charter or in (d) In the absence of the mayor and the mayor
this division, questions of order, the methods of pro tern and a quorum is present,the first order of
organization and the conduct of business of the business shall be the election of a temporary
Lioe- council shall be governed by Robert's Rules of
Order, Newly Revised, in all cases to which such
presiding officer. Upon arrival of the mayor or
mayor pro tern, the temporary presiding officer
rules are applicable. shall relinquish the chair upon the conclusion of
(Code 1981, § 271.01) the business immediately before the council.
(Code 1981, § 271.13; Ord. No. 04-2002, § 6,
Sec. 2-62. Presiding officer. 3-19-02)
The presiding officer of the council is the mayor. Sec. 2-65. Minutes.
The council shall annually elect a mayor pro tern The minutes of the previous regular meeting of
at the first regular meeting after the day of the the city council shall be adopted by reference.The
general city election and the mayor pro tem shall city clerk shall have available a copy of such
preside over the council in the absence of the minutes at least 24 hours preceding the next
mayor. The mayor shall assume the chair as regular meeting. There shall be copies of the
presiding officer at the next regular meeting after minutes available for the citizens to examine at
his or her election. The presiding officer shall the city council meeting. The minutes of the
preserve strict order and decorum at all meetings meeting shall be approved or corrected by a
of the council. A majority vote of the members majority of the members present and upon such
present shall govern and conclusively determine approval shall become the official minutes.
all questions of order if a parliamentary decision (Code 1981, § 271.14; Ord. No. 04-2002, § 7,
by the presiding officer is challenged. 3-19-02; Ord. No. 01-2011, § 2, 4-19-11)
(Code 1981, § 271.07; Ord. No. 39-93, § 1, 10-19- Cross reference—City clerk, §2-116 et seq.
93; Ord. No. 01-2011, § 2, 4-19-11) Sec. 2-66. Consideration of matters before
council.
Sec. 2-63. Sergeant at arms. (a) The city council shall not take action upon
The sergeant at arms shall be present at reg- any matter which is not listed upon the official
ular council meetings when so requested by any agenda, unless a majority of the councilmembers
(11116009 member of the city council or by the city manager. present have first consented to the presentation
(Code 1981, § 271.12) of the matter for consideration and action.
Supp. No. 20 CD2:7
§ 2-66 CAPE CANAVERAL CODE
(b) All items of business shall be considered in (h) Any person making impertinent or slander-
accordance with the agenda and announced by ous remarks or who becomes boisterous while
the presiding officer. Any motion shall then be addressing the council shall be barred from fur-
appropriate. ther audience before the council by the presiding
(c) When a motion is presented and seconded, officer, unless permission to continue or again
it is under consideration, and no motion shall be address the council is granted by the majority of
received thereafter, except to adjourn to recess,to the council.
lay on the table,to postpone or to amend,until the
question is decided. These motions shall have (i) The councilmember moving the adoption of
preference in the order in which they are men- an ordinance or resolution shall have the privi
tioned and the motions to adjourn, to recess and lege of closing debate.
to lay on the table shall be decided without (Code 1981, § 271.15; Ord. No. 39 93, § 3, 10-19-
debate. Final action upon a pending motion may 93)
be deferred until the next regular meeting by a
majority of the members present. Sec. 2-67. Adoption of motion.
(d) The presiding officer may move, second Upon cessation of discussion or if called, the
and debate from the chair, subject only to such motion before the city council shall be restated by
limitations of debate as are imposed by this the presiding officer. Each councilmember shall
division upon all members, and the presiding be called in alphabetical order according to last
officer shall not be deprived of any of the rights name and shall verbally state "for" or "against"
and privileges of a councilmember because of his the motion. The city clerk shall record the vote of
being the presiding officer. each councilmember both in the minutes and
(e) Every councilmember desiring to speak for upon the resolution or ordinance. The presiding
any purpose shall confine himself or herself to the officer shall declare the status of the motion after
question under debate, avoiding all personalities a vote has been taken.
and indecorous language. A member once recog (Code 1981, § 271.16)
nized shall not be interrupted when speaking State law reference—Voting conflicts of interest, F.S.
unless the interruption shall be to call the § 112.3143.
councilmember to order or as otherwise provided
in this division. Sec. 2-68. General discussion.
(f) Any citizen present at the meeting may Every regular meeting of the city council shall
orally petition the presiding officer to address the include a period of time limited to one-quarter
council. Permission shall be granted only after a hour for the purpose of a question-and-answer
showing that the subject matter is relevant to the session during which any person from the audi-
business under consideration and is significantly ence may direct questions concerning city busi-
informative to the council. ness or affairs to any member of the council or
(g) Each person addressing the council shall officer or official of the city. The limitations set
forth in section 2-66(g) and (h) shall apply.
stand, shall give his or her name and address in (Code 1981, § 271.17; Ord. No. 10 2009, § 2,
an audible tone for the minutes and, unless fur-
9-15-09; Ord. No. 01 2011, § 2, 4-19-11)
ther time is granted by the council, shall limit his
or her address to five minutes. No person other
than councilmembers and the person having the Sec. 2-69. Adjournment.
floor shall be permitted to enter into any discus-
sion either directly or through a member of the A motion to adjourn the meeting of the city
council without the permission of the presiding council shall always be in order and shall be
officer.No question shall be asked councilmembers decided without debate. City council meetings
except through the presiding officer. shall adjourn no later than 10:00 p.m. The city
Supp. No. 20 CD2:8
ADMINISTRATION §2-102
council may extend the meeting by super-major- capacity, he coordinates the activities of
ity vote of the city council present at the time of staff and boards to ensure that adequate
adjournment required by this section. information and recommendations in im-
(Code 1981, § 271.18; Ord. No. 10-2009, § 2, portant areas are expeditiously consid-
9-15-09) ered by the staff and boards and brought
promptly to the attention of the council.
Sec. 2-70. Eminent domain powers. (2) Review with the council and with heads of
Notwithstanding the United States Supreme the several boards and offices the pro-
Court's decision in Kelo v. City of New London, grams and projects of the city and make
125 S. Ct. 2655 (2005), and any other authority recommendations thereon as may be nec-
under Florida law, the city council shall not exer- essary to administer the city most effec-
cise the power of eminent domain solely for eco- tively in the public interest.
nomic development purposes.Any exercise of such (3) Assist the mayor in carrying out the ad-
power shall be declared void ab initio. ministrative and executive responsibili-
(Ord. No. 14-2005, § 2, 9-6-05) ties delegated to the mayor and, in con-
nection with these responsibilities,to plan,
Secs. 2-71-2-90. Reserved. direct,coordinate and manage the admin-
istrative affairs of the council.
ARTICLE III. OFFICERS AND (4) Prepare and submit the annual budget to
EMPLOYEES* the city council.
(5) Appoint and, when deemed necessary for
DIVISION 1. GENERALLY the good of the service,suspend or remove
all city employees and appointive admin-
Secs. 2-91-2-100. Reserved. istrative officers provided for by and un-
der the Charter, except as otherwise pro-
vided by law, the Charter or personnel
DIVISION 2. CITY MANAGERt rules. The city manager may authorize
any administrative officer who is subject
Sec. 2-101. Powers and duties. to the city manager's direction and super-
The city manager shall have the following vision to exercise these powers with re
powers and duties: spect to subordinates in that officer's de-
partment, office or division.
(1) Provide sustained administrative leader (6) Direct and supervise the administration
ship and coordination of staff and board of all departments,offices and divisions of
activities in carrying out the acts and the city,except as provided by the Charter
directives of the city council,through over- or by law.
all supervision and coordination. In this
(7) Perform such other duties as are specified
*Charter references—City council,§2.08;city manager, in the Charter or as may be required by
art. III;departments,offices and agencies,§§4.01-4.05. the city council.
Cross references—Purchasing procedure,§2-216 et seq.;
the mayor or city manager in the case of the absence of the (Code 1981, § 231.11)
mayor,or any available councilmember in the absence of the
mayor and city manager, may declare a state of emergency, Sec. 2-102. Acting city manager.
§ 18-2; fire department, § 38-56 et seq.; police department,
§42-26 et seq. By letter filed with the city clerk, the city
¶Charter reference—Appointment by city council,§4.03(a). manager shall designate a qualified administra-
Cross reference—The mayor or city manager in the case
of the absence of the mayor,or any available councilmember in five officer of the city to exercise the powers and
the absence of the mayor and city manager, may declare a perform the duties of city manager during the city
state of emergency,§ 18-2. manager's temporary absence or disability. Dur-
Supp. No.20 CD2:9
§2-102 CAPE CANAVERAL CODE
ing extended absence or disability of the city islation and coordinate the preparation of
manager, the city council may revoke such desig- council views on proposed or current state
nation at any time and appoint another adminis- or federal law.
trative officer of the city to serve until the city
manager shall return. (3) Interpret state or federal law.
(Code 1981, § 231.13; Ord. No. 03-2002, § 1, (4) Prepare and make recommendations and
3-19-02; Ord. No. 01-2011, § 2, 4-19-11) interpretations concerning procedural
Cross reference—City clerk,§2-116 et seq.
rules; prepare ordinances and resolutions
on request of the city council and city
Secs. 2-103-2-115. Reserved. boards; and review all ordinances for con-
sistency, uniformity and legal sufficiency.
DIVISION 3. CITY CLERK* (5) Conduct research in legal matters as di-
rected by the council.
Sec. 2-116. Duties.
(6) Perform all legal functions with respect to
The city clerk has the duties and responsibili- leases, contracts, tort claims and such
ties to: other internal legal problems as may arise.
(1) Pursuant to F.S. § 119.021 and the Char- (7) Directly administer and supervise the units
ter, be custodian of all public records of of the office.
the city, as defined in F.S. § 119.011, and (Code 1981, § 231.31)
the seal of the city. Charter reference—Duties,art.VII, §2.
(2) Be secretary of the council and perform
those duties specified in the council rules Sec. 2-127. Attendance at council meetings.
of procedure.
The city attorney or the assistant city attorney
(3) Directly administer and supervise the units in his absence shall be available to the city council
of the office. at all meetings,unless excused by the council. He
(Code 1981, § 231.21(A), (B), (E)) shall act as parliamentarian at all meetings and
shall advise and assist the presiding officer in
Secs. 2-117-2-125. Reserved. matters of parliamentary law.
(Code 1981, § 271.11)
DIVISION 4. CITY ATTORNEYt
Secs. 2-128-2-140. Reserved.
Sec. 2-126. Duties.
DIVISION 5. RESERVED$
The city attorney has the duties and responsi-
bilities to:
Secs. 2-141-2-150. Reserved.
(1) Advise and represent the city council in
matters of litigation.
DIVISION 6. RESERVED**
(2) Advise and make recommendations to the
city council with respect to proposed leg-
Secs. 2-151-2-160. Reserved.
*Charter reference—City clerk, §2.08.
Cross references—Preparation of ordinances and resolu- *Editor's note—Ord. No. 01-2011, §2, adopted April 19,
tions, §2-59;minutes of the city council meeting, § 2-65;the 2011, repealed div. 5, which pertained to city treasurer and
city clerk may be appointed deputy city manager,§2-102. derived from Code 1981, §231.41(D)—(F).
'Charter reference—Appointment and duties, §4.03. **Editor's note—Ord.No.01-2011,§2,adopted April 19,
Cross reference—Preparation of ordinances and resolu- 2011, repealed div. 6, which pertained to city engineer and
tions, § 2-59. derived from Code 1981, §231.51(A),(B).
Supp.No. 20 CD2:10
ADMINISTRATION §2-171
ARTICLE W. BOARDS, COMMITTEES, (c) Requirements of board and committee mem-
COMMISSIONS* bers. Any person nominated,elected or appointed
to serve on a board or committee of the city shall
DIVISION 1. GENERALLY satisfy the following requirements:
(1) Complete a board or committee applica-
Sec. 2-171. Uniform procedures and require- tion as prescribed by the city council;
ments. (2) Consent to a standard criminal back-
ground check, at the discretion of the city
(a) Purpose and intent; conflicts. The purpose council;
and intent of this section is to enhance the pub- (3) Be a resident and registered voter as
lic's respect and confidence in the municipal ser- defined by this section unless the city
vices delegated to, and performed by, city boards council by unanimous vote waives this
and committees and to ensure that decisions of requirement upon a determination that a
boards and committees are in the best interests of vacancy on a board or committee must be
the city. The purpose of this section is also to filled by a person with specialized skills
establish uniform and consistent procedures and and training and a resident and regis-
requirements for establishing and/or abolishing tered voter with such skills and training
boards and committees, and appointing and re-
! cannot be reasonably found to fill the
moving members thereof,and for conducting board vacancy. If said requirement is waived,
and committee business. the vacancy shall only be filled by a per-
son who is a resident of the city or who
To the extent any provision of this section con- owns a business or real property within
(111100" flicts with any other provision of this Code, it is the city; and
the intent of the city council that the provisions of
this section shall prevail. To the extent the provi- (4) Have never been convicted or found guilty,
sions of this section are preempted by state or regardless of adjudication, of a felony in
federal law, it is the intent of the city council that any jurisdiction, unless their civil rights
the provisions of state or federal law shall prevail. have been restored. Any plea of nolo
contendere shall be considered a convic-
(b) Definitions. As used in this section, the tion for purposes of this paragraph.
terms or phrases listed in this subsection shall (5) Complete interviews with the board or
have the following meaning: committee on which the person is seeking
(1) Registered voter shall mean a person duly appointment and with the city council.
registered to vote in city elections at all (d) Limitation on number of nonresidents serv-
times while serving on a board or commit- ing on boards and committees. Notwithstanding
tee. the foregoing, the maximum number of persons
not satisfying both the residency and registered
(2) Resident shall mean any person living voter requirements of this section that can serve
within the city limits at all times while on a particular board or committee shall be equal
serving on a board or committee, and at to 25 percent of the total number of voting board
least 12 months prior to being nominated, or committee members allowed to be appointed or
elected or appointed to the board or com- elected to that particular board or committee.
mittee.
(e) Appointment and removal of members. All
*Cross references—Code enforcement board, § 2-256 et persons shall be appointed to, and removed from
seq.; commercial development board, § 22-26 et seq.; library city boards and committees by majority vote of
board, § 46-26 et seq.; recreation board, § 54-26 et seq.;
planning and zoning board, § 58-26 et seq.; local planning the city council and by resolution, unless other-
agency,§58-56 et seq.;zoning board of adjustment,§110-26 et wise provided in this section. Board and commit-
(stisie seq. tee members shall serve at the pleasure of the city
Supp. No.20 CD2:11
§2-171 CAPE CANAVERAL,CODE
J
council and may be summarily removed at any
time with or without cause.A board or committee
appointment shall not be construed as creating or
conferring,upon any person, any right or interest
in serving on a board or committee including,but
not limited, to a contract, liberty, property or
vested right.
(f) Term. All board and committee members
shall be appointed to serve three-year terms and
may be reappointed by the city council for subse-
quent three-year terms without limitation. Not-
withstanding, the city council may appoint a
member to a term of less than three years in order
to stagger the terms of the entire board or com-
mittee. If a member is removed, or vacates their
appointment for any reason, including death,
excessive absence, or resignation, prior to the
expiration of their term, the city council may at
its discretion appoint an individual to serve the
remaining portion of the unexpired term.
(g) Absences. Any board or committee member
incurring five consecutive absences from any reg-
ularly scheduled meeting of the board or commit-
tee, or seven absences from any meeting of the
board or committee within a 12-month period,
(starting with the last absence and counting back-
ward), shall be deemed automatically removed
from the respective board or committee in which
the absences have occurred.Any meeting which is
cancelled, other than for a lack of a quorum, shall
not be counted for purposes of determining absen-
teeism.Absences which occurred prior to the date
of reappointment of any board or committee mem-
ber shall not be counted toward automatic re-
moval. However, if any board or committee is
regularly scheduled to meet less than once per
month, a board or committee member shall be
automatically removed if the member fails to
attend 40 percent of the regularly scheduled meet-
ings within a 12-month period.
(h) Compensation. All board and committee
members shall serve without compensation, ex-
cept as provided in the City Code for per diem
subsistence and travel allowances for official travel.
(i) Chairmanships. Each board and committee
shall be responsible to elect, by majority vote of
the members of each board or committee, a chair-
person and vice-chairperson. The election shall
"vs)
Supp.No. 20 CD2:12
ALCOHOLIC BEVERAGES §6-27
ARTICLE I. IN GENERAL ing which is intended to give the appear-
ance of or simulate such portions of the
Sec. 6-1. Penalty. human female breast as described in sub-
Any person violating this chapter shall be section (a)(1) of this section.
punished as provided in section 1-15. (3) Suffer or permit any person, while on the
(Code 1981, §§ 733.04, 733.05, 734.03, 737.09) premises of the commercial establish-
Secs. 6-2-6-25. Reserved. ment, to expose to public view the geni-
tals, pubic area, buttocks, anus or anal
cleft or cleavage of such person.
ARTICLE II. OPERATION OF
ESTABLISHMENTS (4) Suffer or permit any person, while on the
premises of the commercial establish-
Sec. 6-26. Hours of operation. ment, to employ any device or covering
which is intended to give the appearance
(a) Any commercial establishment which serves, of or simulate the genitals, pubic area,
dispenses, stores or sells alcoholic beverages, or buttocks, anus, anal cleft or cleavage.
where alcoholic beverages are consumed,or which
holds a license under the division of beverages for (b) It shall be unlawful for any female person
either on-premises or off-premises consumption, while on the premises of a commercial establish-
shall have the hours of operation for the purposes ment located within the city at which alcoholic
of dispensing, selling, consuming or serving alco- beverages are offered for sale, served, consumed
holic beverages from 7:00 A.M. of one day to 2:00 or stored to expose to public view that area of the
Lorl' A.M. of the following day. human female breast at or below the areola or to
(b) Establishments within the city licensed by employ any device or covering which is intended
the state division of beverages may remain open to give the appearance of or simulate such areas
until 4:00 a.m. on January 1 and shall not be of the female breast as described in this subsec-
required to close at 2:00 a.m. as provided in tion.
subsection (a) of this section.
(Code 1981, §§ 733.01, 733.03; Ord. No. 10-94, (c) It shall be unlawful for any person while on
§ 1(733.01), 3-1-94) the premises of a commercial establishment lo-
State law reference—Authority to regulate hours of sale, cated within the city at which alcoholic beverages
F.S. §562.14. are offered for sale, served, consumed or stored to
expose to public view the genitals, pubic area,
Sec. 6-27. Nudity on premises where served, buttocks, anus or anal cleft or cleavage of such
consumed or stored. person or to employ any device or covering which
(a) It shall be unlawful for any person main- is intended to give the appearance of or simulate
taining,owning,or operating a commercial estab- the genitals, pubic area, buttocks, anus or anal
lishment located within the city at which alco- cleft or cleavage.
holic beverages are offered for sale, served,
consumed or stored to: (d) If the owner, operator, lessor, lessee, man-
ager, employee or any other person participating
(1) Suffer or permit any female person,while in the operation of a commercial establishment
on the premises of the commercial estab located within the city at which alcoholic bever-
lishment,to expose to the public view that ages are offered for sale, served, consumed or
area of the human breast at or below the stored shall be convicted of any of the offenses
areola. designated in subsection (a), the business license
(2) Suffer or permit any female person,while official, as designated by the city manager, shall
(1110109" on the premises of the commercial estab revoke the local business tax receipt for the es
lishment, to employ any device or cover tablishment after giving a reasonable notice thereof
Supp.No. 20 CD6:3
§6-27 CAPE CANAVERAL CODE
to the holder of the receipt and affording the (b) The city manager may waive the prohibi-
holder an opportunity to be heard as to why the tions of this section for any special event, includ-
revocation should not be issued. ing but not limited to community picnics, chari-
(Code 1981, § 734.01(A)—(C), (E); Ord. No. 02- table ball games and other events, provided that
2007, § 3, 2-20-07; Ord. No. 07-2008, § 3, 7-1-08) nothing in this section shall be deemed to waive
Cross reference—Adult entertainment regulations,§10-86 any provisions of state law regulating alcoholic
et seq. beverages.
State law reference—Authority to regulate conduct,F.S. (Code 1981, § 604.02; Ord. No. 9-94, § 1, 2-1-94;
§§562.14,562.45.
Ord. No. 12-2010, § 2, 10-19-10)
Cross reference—Parks and recreation,ch. 54.
Secs. 6-26-6-50. Reserved.
Sec. 6-53. Ocean beach.
ARTICLE III. POSSESSION AND (a) It shall be unlawful for any person to
CONSUMPTION possess an alcoholic beverage, as defined in F.S.
ch. 561, on the ocean beach or dune in containers
DIVISION 1. GENERALLY greater than one gallon (128 ounces) in capacity.
(b) The city manager may waive the prohibi-
Sec. 6-51. Streets,alleys,sidewalks and park- tions of this section for any special event includ-
ing areas. ing, but not limited to, community picnics, chari-
table ball games and other events, provided that
(a) It shall be unlawful for any person to drink, nothing in this section shall be deemed to waive
consume or possess an open container of alcoholic any provisions of state law regulating alcoholic
beverage, as defined in F.S. § 561.01, including beverages.
but not limited to beer and wine, on or upon any (Ord. No. 09-2006, § 2, 6-20-06; Ord. No. 12-2010,
street, alley,walkway, sidewalk or any city public § 2, 10-19-10)
parking area open to the public in the ordinary
course of business within the city.
Secs. 6-54-6-65. Reserved.
(b) The city manager may waive the prohibi-
tions of this section for any special event, includ DIVISION 2. MOTOR VEHICLES*
ing, but not limited to, community picnics, chari-
table ball games and other events, provided that
nothing in this section shall be deemed to waive Sec. 6-66. Definitions.
any provisions of state law regulating alcoholic
beverages. The following words, terms and phrases, when
(Code 1981, § 604.01; Ord. No. 06-2002, § 1, used in this division, shall have the meanings
3-19-02; Ord. No. 12-2010, § 2, 10-19-10) ascribed to them in this section, except where the
Cross references—Library, ch. 46; parks and recreation context clearly indicates a different meaning:
areas, ch. 54; streets, sidewalks and other public places, ch.
66;waterways,ch. 106; zoning,ch. 110. Alcoholic beverage means any beverage contain-
ing more than one percent of alcohol by weight.
Sec. 6-52. Parks and recreation areas. Proof that a beverage in question was contained
in an opened bottle or can, labeled as beer, ale,
(a) It shall be unlawful for any person to drink, malt liquor, malt beverage, wine, wine cooler or
consume or possess an open container of alcoholic other similar name and which bears the manu-
beverage, as defined in F.S. ch. 561, within the
*Cross references—Streets, sidewalks and other public
confines of any public park, public recreational
places,ch.66;traffic and vehicles,ch. 74.
area, public recreation facility or public ballpark State law reference—Possession of open containers in
within the city, excluding the ocean beach. vehicles,F.S. §316.1936.
Supp. No. 20 CD6:4
ALCOHOLIC BEVERAGES §6-69
facturer's insignia, name or trademark, shall be the possession of any open container containing
prima facie evidence that such beverage is an alcoholic beverages while driving or riding in or
alcoholic beverage. on a motor vehicle is prohibited.
(Code 1981, § 737.01)
Highway means any public street,avenue,bou
levard, roadway, alley, sidewalk, parking lot or
other right-of-way or any area upon which the Sec. 6-68. Open containers prohibited.
public has a right to travel, whether public or It shall be unlawful for any person in any
private, located within the incorporated area of motor vehicle to possess, to have readily accessi-
the city. ble or to transport or to allow others to possess,to
Open container means any bottle, can or other have readily accessible or to transport any open
receptacle or container containing any alcoholic container containing any alcoholic beverage or
beverage or any mixture containing an alcoholic any mixture containing an alcoholic beverage
beverage which has been opened or a seal broken while the motor vehicle is upon a street or high-
or the contents of which have been partially way within the city.
removed. (Code 1981, § 737.05)
Possession means an open container shall be Sec. 6-69. Exceptions.
considered to be in the possession of the operator
of a vehicle if the container is not in the posses- (a) This division shall not apply to:
sion of a passenger and is not located in a locked
glove compartment, locked trunk or other locked (1) Any open container in a refrigerator in
nonpassenger area of the vehicle. An open con- the living area of a house trailer, travel
Lasoe tainer shall be considered to be in the possession trailer,camping trailer,motorhome,camper
of a passenger of a vehicle if the container is in the and other similar type of facility that is
physical control of the passenger. An open con- primarily designed and constructed to pro-
tainer shall not be considered in the possession of vide temporary living quarters and uti-
a person if the open container is located in the lized for traveling and recreational pur-
refrigerator or other storage area of a motor home poses and that is equipped with
or recreational vehicle which is in excess of 21 feet refrigeration facilities.
in length.
(2) The possession of any open container con-
Vehicle means every device in, upon or by taining any alcoholic beverage by any
which any person or property is or may be trans- state-licensed beverage salesperson, ven-
ported or drawn upon a highway, except devices dor or agent,but only for purposes specif-
used exclusively upon stationary rails or tracks. ically related to his employment as a
(Code 1981, § 737.03; Ord. No. 5-93, § 1(737.03), salesperson, vendor or agent and only
4-6-93) during normal working hours for such
Cross reference—Definitions and rules of construction business.
generally,§ 1-2.
(3) The possession of any open container con-
Sec. 6-67. Policy and intent. taining any alcoholic beverage by any
duly ordained or authorized minister,pas-
The city council finds that the consumption of tor, priest, rabbi or any other similarly
alcoholic beverages while driving or riding in or designated person of any religious order,
on a motor vehicle poses a grave and imminent monastery, church or religious body, but
hazard to the health, safety and welfare of the only for purposes specifically related to
residents of the city and is in conflict with and of the fulfillment of religious duties.
the spirit of the beverage laws of the state. It
Lie therefore is declared to be the policy of the city (4) The possession of any open container con
that the consumption of alcoholic beverages and taining any alcoholic beverage by any law
Supp.No. 20 CD6:5
§6-69 CAPE CANAVERAL CODE
J
enforcement officer and employee of a law
enforcement agency,but only while in the
performance of lawful duties.
(5) The possession of any open container con-
taining any alcoholic beverage by any
person engaged in picking up empty bev-
erage containers solely for the purpose of
collecting the deposit or value of such
containers.
(6) The possession of any open container con-
taining any alcoholic beverage by any
person participating in a litter control or
pickup program.
(b) The exceptions stated in subsection (a) of
this section shall apply only to possession and
transportation of alcoholic beverages and open
containers, and not to drinking or consuming
alcoholic beverages.
(Code 1981, § 737.07)
3
3
Supp.No. 20 CD6:6
AMUSEMENTS AND ENTERTAINMENT § 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 com-
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. 10-28-10-45. Reserved. (Ord. No. 04 2010, § 3, 3-2-10)
Sec. 10-47. Definitions.
ARTICLE III. OUTDOOR The following words, terms and phrases, when
ENTERTAINMENT EVENTSt used in this article, shall have the meanings
ascribed to them in this section, except where the
DIVISION 1. GENERALLY context clearly indicates a different meaning:
Applicant shall mean the individual or entity
Sec. 10-46. General provisions. that makes application to the city to hold an
(a) Title. This article shall be known and may outdoor entertainment event. The applicant is
be referred to as the "City of Cape Canaveral responsible for compliance with terms and condi-
Outdoor Entertainment Events Ordinance." tions of this article.
Application shall mean the documentation sub-
(b) Purpose and intent. The purpose and intent mitted by the applicant to the event coordinator,
of the City of Cape Canaveral Outdoor Entertain- in conformance with this article, to request the
ment Events Ordinance is to provide a content issuance of an outdoor entertainment event per-
neutral time,place and manner permitting scheme, mit.
to regulate the use of public property; to coordi-
Application fee shall mean the nonrefundable
*Cross reference-Code enforcement,ch. 2,art.VI. fee paid in connection with an application made
tEditor's note-Ord.No.04-2010,§§2,3,adopted March
2, 2010, amended art. III in its entirety and enacted the pursuant to this article.
provisions set out herein. The former art. III, titled Outdoor
Entertainment, derived from Ord. No. 23-92, §§ 1(729.01), Beer garden shall mean a specially designated
1(729.02,1(729.03(A)),1(729.03(B)),and 1(729.04)-1(729.08), area, shown on the event site plan, which is
adopted Dec. 1,1992;Ord.No.8-94,§ 1,adopted Feb.1,1994; intended to contain all sales and consumption of
Ord. No. 02-2007, § 4, adopted Feb. 20, 2007; and Ord. No. alcohol. The beer garden shall be surrounded by
07-2008,§3,adopted July 1,2008. perimeter fencing with controlled ingress and
Cross references-Code enforcement,ch.2,art.VI;parks
and recreation, ch. 54; streets, sidewalks and other public egress points for the purpose to verify people
places, ch. 66; buildings and building regulations, ch. 82; entering the beer garden are of legal age to
zoning,ch. ilo. purchase and consume alcohol. Alcohol tickets
Supp.No. 20 CD10:3
§ 10-47 CAPE CANAVERAL CODE
may be sold and purchased outside of the beer or in part in the open air, such as, but not
garden. All alcohol sold, purchased, consumed, necessarily limited to, athletic entertainments,
and or transferred during the event shall occur carnivals, dancing, concerts, block parties, dra-
within the fenced beer garden perimeter. matic productions, art exhibitions,parades or the
City manager shall mean the city manager for sale of merchandise, food or alcohol, or any com-
the City of Cape Canaveral. bination of the foregoing, which involves the use
of or impact to public or private property, or
City organized events shall mean any outdoor property dedicated exclusively for public use; and
entertainment event planned and conducted by where the nature of such outdoor entertainment
the city. 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
Event coordinator shall mean the city staff requires, for the outdoor entertainment event's
person appointed by the city manager to coordi- successful execution, the provision and coordina-
nate the permitting of outdoor entertainment tion of municipal services to a degree significantly
events and to implement the permits approved by over and above that which the city routinely
the city manager in accordance with this article. provides under ordinary everyday circumstances.
Extra personnel hours shall mean the total of Outdoor entertainment event permit shall mean
all hours worked by city employees to accomplish a permit granting an applicant the authority to
the necessary administrative, facility mainte- hold an outdoor entertainment event.
nance and service, security, sanitary, and over-
sight components of the outdoor entertainment Outdoor entertainment event production area
event which is the subject of the application, toshall mean the area or areas, not necessarily
the extent that such hours exceed the total num- contiguous to each other, including and immedi-
ber of hours which would have been worked by ately surrounding the portion or portions of the
those same city employees had the outdoor enter- outdoor entertainment event location(s) which
tainment event not taken place. Excluded from are central to the production of the event, includ-
this definition are the personnel hours worked by ing, but not limited to, stages, barricades, utility
the event coordinator and the personnel hours poles,booths,tents,or other temporary or perma-
worked by any person of the level of department nent structures or parked vehicles erected or
manager/director or higher. utilized by the applicant for the production of the
Internal security plan shall mean a plan sub- event.
mitted by the applicant and approved, as submit-
ted or as modified thereafter,by the city manager, Person shall mean any individual person, or
for the provision of security to public and private any firm, partnership, association, corporation,
property, performers, entertainers, exhibitors, company or organization of any kind, or any
speakers or other persons in the immediate area combination of such persons.
central to the outdoor entertainment event,known
as the outdoor entertainment event production Precinct commander shall mean the precinct
area. The term internal security plan does not commander for the Brevard County Sheriffs Of
fice,Canaveral Precinct,or the precinct command-
apply to any plan for public safety personnel
necessary to provide for the protection of an er's designee.
outdoor entertainment event and its attendees
from hostile members of the public or Public property shall mean any public street,
counterdemonstrators. right of way,sidewalk,park,place,property,ease-
ment, structure or facility owned, dedicated, con-
Outdoor entertainment event shall mean any trolled or otherwise under the jurisdiction and
public celebration or gathering,conducted in whole control of the city. J
Supp. No. 20 CD10:4
AMUSEMENTS AND ENTERTAINMENT § 10-60
Lare.
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)
drawn to scale, no greater than one inch to 50
feet, which clearly depicts the outdoor entertain-
ment event production area, and which shall Sec. 10-48. Compliance with other laws.
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;
Sec. 10-49. Local business tax receipt re-
(4) Proposed temporary structures and usage quired.
areas,including tents,fencing,gates,con-
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)
Lioe (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- (a) It shall be unlawful for any person to stage,
ing spaces and loading zones; present, conduct, or attempt to stage, present,
conduct an outdoor entertainment event without
(7) Traffic flow diagram depicting proposed first having obtained an outdoor entertainment
vehicle and pedestrian traffic flow and event permit as provided in this article.
ingress and egress routes;
(8) Location of any public address sound sys (b) It shall be unlawful for any person to
tem; and participate in an outdoor entertainment event for
which an outdoor entertainment event permit has
(9) Any provisions made for handicap access not been granted under this article.
or special uses unique to the outdoor
entertainment event. (c) It shall be unlawful for any person to fail to
comply with all directions and conditions of the
Street shall mean any place or way set aside or outdoor entertainment event permit issued pur-
open to the general public for purposes of vehic- suant to this article.
ular traffic, including any curb, gutter or shoul-
der,parkway,right-of-way,or median strip thereof. (d) The penalties for a violation of this article
are set forth in section 1-15 of the City Code.
Temporary structure shall mean sheds, booths, Nothing contained herein shall be construed as a
bleachers,canopies,tents,stages,scaffolding,fences limitation on the city's ability to seek any other
and other structures erected for temporary pur- remedy provided by law.
poses during an outdoor entertainment event. (Ord. No. 04-2010, § 3, 3-2-10)
Vendor shall mean any person, corporation,
entity or enterprise providing the sale of goods or Secs. 10-51-10-60. Reserved.
Supp.No. 20 CD10:5
§ 10-61 CAPE CANAVERAL CODE
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
(a) Application. Any person desiring to hold an ten working days from receipt. The com
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
(1) Applicant's name and mailing address; site plan, internal security plan, depart
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
J
(3) Name and contact information of appli- recommended conditions on the applica
cant's main point of contact during the tion.
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
In addition to the information required upon applicant should be granted an outdoor
the application, the applicant shall provide as entertainment event permit in the time,
attachments to the application a site plan and an manner and place proposed;whether mod-
internal security plan. ifications in the outdoor entertainment
event as to time, manner and place shall
(b) Application review; event planning meet- be required according to criteria estab-
ing; review criteria. lished by this section; or whether such
(1) Upon receipt of the completed application permit shall be denied altogether.
and application fee, the event coordinator (4) The event coordinator shall notify the
shall forward copies of the application to applicant in writing of the city manager's
the precinct commander,the Cape Canav determination on the application within
eral Volunteer Fire Department,the build 20 days of receipt of a properly filed
ing department and public works for re-
application.
view. Each department shall review the
application, determine the number of ex- (5) In determining whether to grant the par-
tra personnel hours estimated to be re- ticular permit in accordance with the time,
quired from such department to support manner and place requested, whether to
the proposed outdoor entertainment event deny the permit as requested and proposeJ
Supp. No. 20 CD10:6
AMUSEMENTS AND ENTERTAINMENT § 10-61
cate
a modified time, manner and place, or activities of the outdoor entertain-
whether to deny the permit altogether, ment event. Nothing in this subsec-
the city manager shall be guided by the tion shall be construed to prohibit
following criteria: the imposition of reasonable restric-
a. No permit shall be denied nor shall tions on the movement of the gen-
the applicant for a permit be given eral public which are necessary for
less favorable treatment as to time, the carrying out of the outdoor en-
manner, or place on account of any tertainment event.
message which may be conveyed at e. Notwithstanding the foregoing, the
an outdoor entertainment event, or city manager may deny a permit to
on account of the identity or as-
sociational relationships of the appli-
cant. 1. The applicant has previously
b. No permit shall be denied nor shall made material misrepresenta-
the applicant for a permit be given tions regarding the nature or
less favorable treatment as to time, scope of an outdoor entertain-
manner, or place on account of any ment event or activity previ-
assumption or predictions as to the ously permitted;
amount of hostility which may be 2. The applicant has violated the
aroused in the public by the content terms of prior permits issued to
of speech or message conveyed by or on behalf of the applicant;
the outdoor entertainment event,pro-
vided that reasonable accommoda-
tion as to time, manner, and place entertainment event permit(in-
may be required in order for the city cluding any required attach-
to provide the resources necessary ments and submissions) is not
for law enforcement protection. fully completed and executed;
c. When there are competing applica- 4. The applicant has not tendered
tions which are substantially for the the required application fee with
same time and place, the earlier or the application or has not sub-
earliest application to be received in mitted 14 days prior to the event
a substantially completed form ac- the payment of the cost of the
companied by the requisite applica- estimated extra personnel
tion fee shall be given priority as to hours,the cleanup and damage
the time and place requested. Pro- deposit or any other fee im-
vided, however, that city-organized posed under this article;
events on city property shall be given 5. The application for an outdoor
priority over competing applications entertainment event permit con-
for the same time and place. tains a material falsehood or
d. Except as provided otherwise in this misrepresentation;
article,under no circumstances shall
the city manager approve any per- 6. The applicant is legally incom-
the to contract or to sue and
mit which allows the applicant to
limit the use of public streets by be sued;
pedestrians using the street to move 7. The applicant or the person on
from location to location or to limit whose behalf the application for
the use of the public parks when use permit was made has on prior
of the park by the general public occasions damaged city prop
shall not unreasonably disturb the erty and has not paid in full for
Supp.No. 20 CD10:6.1
§ 10-61 CAPE CANAVERAL CODE
such damage, or has other out- otherwise threatened the gen-
standing and unpaid debts to eral health, safety or welfare of
the city; the public; or
8. A fully executed application for 15. A previous outdoor entertain-
an outdoor entertainment event ment event held by the appli
permit for the same time and cant resulted in claims being
place has been previously re- filed against the city for dam-
ceived, and a permit has been ages or personal injury as a
or will be granted to a prior result of actions or omissions of
applicant authorizing uses or the applicant or a contractor/
activities which do not reason vendor hired by the applicant.
ably permit multiple occupancy (c) Permit approval, denial and approval with
of the particular city facility; modifications.
9. The use or activity intended by (1) If the application is approved, the event
the applicant would conflict with coordinator, in consultation with the com-
previously planned program(s) menting departments, shall implement
organized and conducted by the any and all necessary restrictions or con-
city and previously scheduled ditions as to time,manner and place,to be
for the same time and place; observed in accordance with public safety,
10. The proposed use or activity is environmental and administrative consid-
prohibited by or inconsistent erations. Provided, however, that such
with the approved uses of the considerations shall not include any con-
sideration of the content of any speech or
city facilities; message which may be conveyed by such
11. The use or activity intended by outdoor entertainment event, nor by any
the applicant would present an considerations concerning the identity or
unreasonable danger to the associational relationships of the appli-
health or safety of the appli- cant, nor to any assumptions or predic-
cant or other users of the city's tions as to the amount of hostility which
facilities, city employees or the may be aroused in the public by the con-
public in general; tent of the speech or message conveyed by
the outdoor entertainment event.
12. The applicant has not complied
or cannot comply with applica- (2) An applicant denied a permit to conduct
ble license requirements, laws, an outdoor entertainment event, or noti-
ordinances or regulations of the feed that the permit will be granted with
modifications as to time, or place,
city, county or state concerningmanner,
the sale or offering for sale of or with restrictions or conditions, shall be
any goods or services; notified in writing,stating in specific terms
the reasons for the denial or shall state
13. The use or activity intended by clearly the terms of the conditions,restric-
the applicant is prohibited by tions or modifications if not agreed upon
federal, state or local statute, by the applicant. The notice shall also
ordinance, or regulation; inform the applicant of the right of appeal
14. A previous outdoor entertain as provided in this section.
ment event held by the appli- (3) Any aggrieved applicant shall have the
cant proved to be unprofession- right to a public hearing before the city
ally managed or organized; council,provided that the request for such
resulted in violence or chaos;or hearing is made to the city manager within ,
Supp.No. 20 CD10:6.2
AMUSEMENTS AND ENTERTAINMENT § 10-62
L
five days after the receipt of the notice. (b) No glass or metal beverage containers may
Notices which are given only by mail shall be sold to,provided for,or used by event attendees
be presumed to have been received three for the purpose of beverage or food consumption.
days after the mailing. Notices given in Souvenir glass and metal containers may be sold
person, hand-delivered to the address of but may not be used for consumption on the event
the applicant or sent by facsimile trans- site. All glass or metal souvenir containers sold
mission or e-mail shall be presumed to must be sealed and packaged while in the outdoor
have been delivered on the date given or entertainment events area.
sent.
(c) The city manager may exempt outdoor en-
(d) Hearings and appeals. tertainment events from the beer garden require-
(1) Hearings contesting the denial of an out- ment provided the outdoor entertainment event
door entertainment event permit shall be meets the following special conditions:
held as provided in this section and shall (1) The sale and consumption of alcoholic
be scheduled within ten business days beverages is limited to beer and wine and
after receipt of the request for a hearing is licensed by the state;
by the city manager. The hearing may be
continued at the request of the applicant (2) The boundary of the area where beer and
to allow the attendance of any necessary wine will be sold and consumed is ap
party or witness,but only from day to day. proved by the city manager in consider
The determination of such hearing shall ation of the public safety, health and
be made at the conclusion of the hearing, welfare and the boundaries of said area
and the city council shall issue a written are identified by existing natural (e.g.
Lool determination within one6 business day
thereafter, which determination shall of water bodies) and manmade (e.g. roads,sidewalks) landmarks or manmade tem-
firm or modify the decision of the city porary landmarks provided by the appli-
cant specifically for the outdoor entertain-
manager. ment event (e.g. temporary barriers and
(2) The hearing under this section shall be de signage);
novo,and shall be informal. Such hearing
shall evaluate the city manager's decision (3) During the outdoor entertainment event,
the applicant shall be required to imple-
and the application in accordance with
the criteria of this article. ment a procedure for checking identifica-
tion cards for purposes of verifying that a
(3) The written determination of the city coun- person can lawfully buy and consume
cil,as provided in this section,shall be the beer and wine. The sale and consumption
final decision of the city in the matter. of beer and wine by minors and habitual
(Ord. No. 04-2010, § 3, 3-2-10) drunkards shall be strictly prohibited and
controlled by the applicant;
Sec. 10-62. Alcohol sales and consumption.
(4) The applicant shall be required to issue
(a) Should the outdoor entertainment event wristbands to any person who desires to
have sales, consumption, or transfer of alcohol, lawfully buy and consume beer and wine
the site plan shall indicate and show the location, at the outdoor entertainment event. The
size/area,containment/perimeter fencing type,and wristband shall be a minimum of one-half
ingress/egress points of the beer garden. In no inch wide, be a bright and conspicuous
case shall the beer garden constitute an area color, and be worn at all times during the
greater than one-third the area of the total event event by the person buying and consum-
site plan. The applicant shall provide informa- ing alcohol. It shall be unlawful for any
tion, as part of the application, how ingress into person to consume beer and wine at the
the beer garden will be monitored to verify proof outdoor entertainment event without wear-
Lase of legal age to purchase and consume alcohol. ing a wristband issued hereunder. It shall
Supp.No. 20 CD10:6.3
§ 10-62 CAPE CANAVERAL CODE
also be unlawful for any person to trans- into consideration the proposed activities occur-
fer a wristband issued under this subsec- ring as part of the outdoor entertainment event
tion to any person who is a minor, habit- and commensurate with the potential risk for
ual drunkard,or who has not been screened damage to persons and property.
by the applicant pursuant to subsection
(3)above. The applicant shall be required (b) The applicant shall also provide proof of
to post appropriate signage in conspicu- worker's compensation insurance at the limits
ous places around the event notifying the provided by the Florida Statutes.
patrons that it is unlawful to buy and (Ord. No. 04-2010, § 3, 3-2-10)
consume beer and wine during the out-
door entertainment event without wear Sec. 10-64. Closure or gating of public grop-
ing wristbands required hereunder and erty and streets.
that it is also unlawful to transfer said
wristband to another person during the (a) Streets may be closed, portions of streets
outdoor entertainment event; and parks may be gated, and an admission fee
(5) The applicant shall be required to erect may be charged in connection with an outdoor
temporary signage that clearly identifies entertainment event at the discretion of the city
where beer and wine may be sold and manager.
consumed during the outdoor entertain-
ment event; (b) In reviewing a request for closure of a
(6) The sale or distribution of beer and wine street, gating of a park or the charging of an
to patrons shall cease at least 30 minutes admission fee for the outdoor entertainment event,
prior to the end of the outdoor entertain- due regard shall be given to public safety and
ment event. environmental effects of such closing, to ensure
(Ord. No. 04 2010, § 3, 3-2-10) that all reasonable steps are taken to minimize
the adverse effect such closings may have upon
Sec. 10-63. Insurance requirements. the public.
(a) All outdoor entertainment events approved (c) If an event is gated, no person shall be
by the city shall require a fully paid commercial barred from entering the gated area on the grounds
general liability damage insurance policy. If alco- of race, color, religion, gender, age, disability or
hol is sold and/or consumed, a liquor liability national or ethnic origin.
policy shall be required as well. Such insurance
policies shall be procured by the applicant from a (d) The city manager has the full and sole
company licensed to do business in the state. authority to close any city street or roadway
These policies must protect the city, its officers, and/or detour traffic due to an outdoor entertain-
agents,attorneys,the outdoor entertainment event ment event.
and its contractors from any and all claims or
damages to property and or bodily injury which (e) Barricades and temporary signage for ap-
may result from or in connection with any of the proved street closures shall be provided by the
operations carried on by the presenter of the applicant. All barricades and temporary signage
event, list the city as an additional named in- provided by the applicant shall be approved by
sured, and provide for no deductible. The event the precinct commander prior to the outdoor
coordinator must receive a certificate of insurance entertainment event. It shall be the responsibility
no later than two weeks prior to the date of the of the applicant,in coordination with the Sheriffs
outdoor entertainment event, and a copy of the Department, to setup and breakdown the barri-
policies prior to the start of the event. The re- cades and temporary signs at the approved times,
quired coverage limits of insurance policies re- as set forth upon the permit.
quired by this section shall be established by the (Ord. No. 04-2010, § 3, 3-2-10; Ord. No. 13-2010,
city manager in an administrative policy taking § 2, 10-19-10)
Supp. No. 20 CD10:6.4
AMUSEMENTS AND ENTERTAINMENT § 10-70
L
Sec. 10-65. Other public gatherings. Sec. 10-67. Location of public parking;trans-
Nothing in this article shall be construed to portation services.
prevent members of the public from assembling in The applicant shall be responsible for submit-
the parks or streets for the purpose of making any ting a parking plan depicting adequate public
speech or conveying any message to the public or parking and transportation services to the out-
to the government without holding an outdoor door entertainment event staging area. The num-
entertainment event permit pursuant to this ar- ber of parking spaces deemed adequate shall be
tide. Should any such persons wish to assemble established by the city manager in an administra-
for such purpose and should they not be holding tive policy taking into consideration the proposed
an outdoor entertainment event permit under size, scope and location of the outdoor entertain-
this article, they shall not be prevented from ment event. The applicant shall at all times
doing so, provided that they have complied with ensure adequate access and parking for all secu-
any other federal,state,or local law or ordinance, rity, fire protection and emergency medical ser-
if there be any, regulating such other event or vice vehicles in the immediate vicinity of the
gathering, and providing they are peaceable and outdoor entertainment event staging area.
not in violation of any laws concerning the public (Ord. No. 04-2010, § 3, 3-2-10)
order. Persons not holding such an outdoor enter-
tainment event permit under this article, how- Sec. 10-68. Turtle protection.
ever, will not be entitled to the benefits provided
by this article, including but not limited to, the No permit shall be issued for an outdoor enter-
right to erect stages, barricades, utility poles, tainment event located on the beach or in the
booths, tents, or other temporary structures or dune areas during turtle nesting season,which is
the use of parked vehicles or of permanent struc- between May 1 and October 31 each year.
(1111ftse tures, or to the assistance of city personnel in (Ord. No. 04 2010, § 3, 3-2-10)
carrying out the event, unless otherwise autho-
rized by some other law or ordinance. Sec. 10-69. Temporary structures; integrity,
(Ord. No. 04-2010, § 3, 3-2-10) height, location.
Sec. 10-66. Cleanup and damage deposit. Permittees shall be responsible for permitting
the erection of any temporary structures used for
Any person issued an outdoor entertainment the outdoor entertainment event and shall be
permit shall be required to submit a cleanup and responsible for their structural integrity. Tempo-
damage deposit, in an amount established by rary structures shall be structurally sound based
resolution of the city council, to the city treasurer on the anticipated number of persons specified to
to cover any expenses incurred by the city to use the structure. The height of temporary struc-
cleanup any debris, paper, litter or trash left at tures shall not exceed 30 feet above the existing
the conclusion of the outdoor entertainment event. ground elevation. The location of all temporary
The deposit shall be returned to the permittee structures shall be approved as part of the out-
upon certification by the city manager that no door entertainment event permit and shall not be
additional cleanup is required as a result of the located as to damage the environment.All tempo-
event and that no damage to public property rary structures shall be properly anchored against
occurred as a result of the event. The city man- the possibility of strong weather conditions.
ager shall render such certification approxi- (Ord. No. 04-2010, § 3, 3-2-10)
mately 24 hours following the scheduled conclu-
sion of the event. Should any permittee fail to Sec. 10-70. Vendors.
sufficiently clean up or repair damage within the
24-hour time period, the city shall have the right The location of any vendors providing goods or
to take such corrective action as it may deem services in support of a permitted outdoor enter-
necessary and to deduct the cost of cleanup or tainment event shall be depicted on the appli-
repair from the amount of the deposit. cant's site plan. Permittees shall provide the
Liffe. (Ord. No. 04-2010, § 3, 3-2-10) events coordinator with a complete list of all
Supp.No. 20 CD10:6.5
§ 10-70 CAPE CANAVERAL CODE
vendors participating in the outdoor entertain- mined during the event planning meeting and
ment event as soon as is practicable.The city may shall be due to the city along with the costs for
require vendors to be registered with the city in extra personnel hours and other fees due under
order to ensure vendors are properly licensed to this article.The formula for determining the costs
conduct business in the city, in accordance with for the number of parking meters affected shall be
Florida law. the number of meters occupied by the outdoor
(Ord. No. 04-2010, § 3, 3-2-10) entertainment event multiplied by the number of
hours per day the meters are occupied,multiplied
Sec. 10-71. Use of watercraft. by the number of days affected, at the current
rate per hour. Consideration may be given to
(a) If a permitted outdoor entertainment event
allowing the applicant use of the parking spaces
requires the use of watercraft for competition, covered by the meters, provided public and emer-
servicing, maintenance, safety or any other rea- gency vehicle access is not affected.
son, said watercraft shall be permitted in ap- (Ord. No. 04-2010, § 3, 3-2-10)
proved areas, as determined in the event plan-
ning meeting. Access areas to waterway shall be Sec. 10-73. Fees and deposits.
established during the event planning meeting.
Temporary buoys and markers may be placed in Any applicant seeking to make application for
the water with approval from the appropriate and obtain an outdoor entertainment event per-
governing agency. If the outdoor entertainment mit shall agree to accept conditions in accordance
event involves water craft competition, water- with this article and pay the prescribed fees, as
borne rescue and life-saving personnel and equip- amended from time to time, and adopted by
ment,they shall be on duty and prepared to act to resolution of the city council.
protect competitors and spectators during all com-
petitions and practices. Appropriate locations for (1) No later than 14 days prior to each out
work areas for water craft shall be designated and door entertainment event being held, ap
approved by the city as part of any permit issued plicants shall make full payment to the
under this article. city for all fees and deposits authorized
under this article.
(b) No vehicles, trailers or mobile equipment
shall be permitted on the beach outside of the (2) Upon request,the city manager may waive
approved designated areas. Loading and unload- fees and deposits imposed pursuant to
ing of water craft from trailers,shall be permitted this article for events hosted by the City,
only in designated locations,as determined in the the Brevard County Sheriffs Office, or
planning meeting. No storage of vehicles or trail the Cape Canaveral Volunteer Fire De-
ers shall be permitted in such areas. No fueling, partment,for city-sponsored events,or for
refueling or storage of fuels shall be permitted on nonprofit organizations based upon the
the beach. city's experience with previous events,
and the size, duration and location of the
(c) Vehicles used for transporting trailers on proposed outdoor entertainment event if
the beach shall be approved by the city. the city manager determines that the
(Ord. No. 04-2010, § 3, 3-2-10) outdoor entertainment event serves a mu-
nicipal purpose,including,but not limited
Sec. 10-72. Metered parking. to, economic development, city-organized
If any outdoor entertainment requires the use
events or other local charitable events.
of metered parking spaces or impacts an area that (3) In the event that an outdoor entertain-
will result in a loss of revenue from parking ment event is held at a city-owned facility,
meters due to the outdoor entertainment event, any cleanup and damage deposit paid for
the applicant shall be responsible to reimburse the facility rental shall be credited toward
the city for the amount of the lost revenue. Any the cleanup and damage deposit paid for
costs incurred under this section shall be deter- the outdoor entertainment event held at
Supp. No. 20 CD10:6.6
AMUSEMENTS AND ENTERTAINMENT § 10-74
(titive
such facility. The total amount of the manager shall be guided solely by consid-
cleanup and damage deposit shall not erations of the number of off-duty law
exceed the amount for such deposits set enforcement and private security guards
forth in Appendix B, Schedule of Fees necessary to provide for internal security
applicable to this article. for the outdoor entertainment event pro-
(4) To the extent that any outdoor entertain- duction area and the control of traffic
ment event may require extra personnel generated by the event, as indicated by
hours in excess of those endorsed upon experience with similar events. To this
the permit, the applicant shall be re- end, the city manager may consider the
quired to reimburse the cost of such addi- advice and counsel of public safety profes-
tional extra personnel hours, provided sionals and persons with expertise in han-
that the city manager, in order to impose dling or promoting similar events,includ-
such additional amount, must mail or ing but not limited to the event coordinator
deliver an invoice for such additional and the precinct commander.
amount to the applicant no later than 60
days after the date of the outdoor enter- In evaluating the internal security plan,
tainment event. the city manager shall not take into ac-
count the message of the outdoor enter-
(5) To the extent that any outdoor entertain
tainment event,the content of any speech,
ment event required fewer extra person- the identity or associational relationships
nel hours than anticipated and endorsed of the applicant or any assumptions or
upon the permit, the applicant may re predictions as to the amount of hostility
quest a refund by submitting such re which may be aroused in the public by the
Lase quest in writing to the event coordinator content of speech or message conveyed by
within 30 days of the conclusion of the
outdoor entertainment event. The event the event.The internal security plan shall
coordinator will provide a recommenda specify that the number of off-duty law
enforcement officers hired by the appli
tion regarding such request to the city
manager within ten days of receipt of cant shall be the same or more than the
number of private security guards hired
such request. The city manager may, in
the city manager's sole discretion, autho for such purpose. At the option of the
rize a refund equivalent to the reduction applicant, the security forces under the
internal security plan may be comprised
in extra personnel hours required.
entirely of off-duty law enforcement offi-
(6) No applicant for or recipient of an outdoor cers.
entertainment event permit shall be re- (Ord. No. 04-2010, § 3, 3-2-10; Ord. No. 13-2010,
quired to provide for or pay for the cost of § 2, 10-19-10)
public safety personnel necessary to pro-
vide for the protection of any outdoor
entertainment event attendees from hos- Sec. 10-74. Other permits and licenses.
tile members of the public or
counterdemonstrators, or for general law Nothing in this article should be construed as
enforcement outside the vicinity of the repealing other sections of this Code or other laws
outdoor entertainment event. The holder or ordinances requiring separate applications for
of a permit shall be required, however, to permits or licenses for specific portions of the
provide an internal security plan and shall proposed outdoor entertainment event, such as
be required to provide and pay for off-duty but not limited to, building, electrical, plumbing
police officers and private security guards or related permits, licenses to sell and/or permit
in order to implement such plan. In deter- consumption of alcoholic beverages or permits to
Larie mining the adequacy and appropriateness sell and/or permit consumption in parks or on city
for any internal security plan, the city streets.Those permits or licenses must be applied
Supp.No. 20 CD10:6.7
§ 10-74 CAPE CANAVERAL CODE
J
for separately in accordance with the federal, weather or any public emergency when such
state and local laws or ordinances specifically suspension or cancellation is in furtherance of the
governing such activity. health, safety and welfare of the public.
(Ord. No. 04-2010, § 3, 3-2-10) (Ord. No. 04-2010, § 3, 3-2-10)
Sec. 10-75. Life and public safety require- Secs. 10-78-10-85. Reserved.
ments.
The building official, fire chief and precinct ARTICLE IV. SEXUALLY ORIENTED
BUSINESSES AND ADULT
commander shall be permitted to impose stan ENTERTAINMENT ESTABLISHMENTS*
dards more stringent than those required in the
City Code in order to protect life and public safety Sec. 10-86. Short title.
during any outdoor entertainment event permit-
ted under this article. This article shall be known and may be cited as
(Ord. No. 04-2010, § 3, 3-2-10) the "city of Cape Canaveral Sexually Oriented
Business and Adult Entertainment Establish-
Sec. 10-76. Revocation of permits.
ment Ordinance."
(Ord. No. 13-2004, § 3, 7-20-04)
(a) The city manager shall have the authority
to immediately revoke an outdoor entertainment Sec. 10-87. Purpose, findings and intent/
event permit issued under this article, as follows: incorporation of whereas clauses.
(1) Upon a violation by the permit holder or (a) Purpose. It is the purpose of this article to
regulate sexually oriented businesses and adult
the permit holder's agents, employees, or entertainment establishments in order to proJ
-
contractors, of any one or more of the mote and protect the public health, safety, good
conditions contained upon the permit. order, and general welfare of the citizens of the
(2) When a bona fide public emergency arises city, to establish reasonable and uniform regula-
where the law enforcement and fire re- tions of adult entertainment establishments and
sources being utilized for a permitted out sexually oriented businesses within the city. The
door entertainment event are immedi provisions of this article have neither the purpose
ately required for that emergency to protect
the health, welfare and safety of persons
or property.
(b) Notice of the revocation shall be given to -
the permit holder by the most practicable and *Editor's note—Ord. No. 13-2004, §§ 2A and 3, adopted
expeditious manner available under the circum- July 20, 2004, amended art. IV in its entirety and enacted
stances. similar provisions as set out herein.The former art.IV derived
from Code 1981, §§ 722.01, 722.03, 722.05, 722.07, 722.11,
(Ord. No. 04 2010, § 3, 3-2-10)
722.13,722.25-722.27,722.32,722.33,722.35-722.37,722.40,
722.42(a)—(g), 722.43-722.48, 722.55, 722.57-722.60,
Sec. 10-77. Emergency suspension or cancel- 722.61(a), 722.61(b), 722.61(c)(4)—(7), 722.61(d)—(k), 722.62,
722.65,722.71-722.73,722.82-722.86;Ord.No.46-93,§§ 1,
lation of permitted outdoor en- 2,adopted Jan.4,1994;Ord.No.2-96,§§2,3,adopted Feb.20,
tertainment event. 1996;and Ord.No. 18-2003, §3, adopted Sept. 2,2003.
Cross references—Code enforcement, § 2-246 et seq.;
Notwithstanding the issuance of an outdoor regulations regarding nudity on alcoholic beverage establish-
entertainment permit under this article, nothing ment premises, § 6-27; public nudity prohibited, § 50-2;
occupational license taxes, § 70-66 et seq.; zoning, ch. 110;
herein shall prohibit a duly authorized represen adult entertainment establishments permitted by special ex-
tative of the city from suspending or cancelling an ception in the M-1 light industrial and research and develop-
outdoor entertainment event because of adverse ment district, § 110-354.
Supp. No. 20 CD10:6.8
L
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. Recreation 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
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. 20 CD54:1
j
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3
3
PARKS AND RECREATION §54-5
(116111.1
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 organizes ests through sales, rentals or any exchange of
(11110.' 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 corn-
No person shall solicit,canvass or merchandise petitive bids pursuant to all applicable laws and
for the sale or rental of merchandise, services, policies. Franchises shall not exceed a term of
Supp.No. 20 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 crite- 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
a deductible deemed acceptable by the
under subsection (d); 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, offs
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
of franchisee which in any way is related
it is duly registered to conduct business in to franchisee's activities or services under
the state. the franchise.
(2) Franchisee shall provide the city with a
detailed description of the scope of its (6) Prior to commencing vending activities
proposed beach vending operation,includ under an awarded franchise, franchisee
ing,but not limited to,a description of the must obtain and maintain in good stand-
food and beverages to be sold; number ing all food, beverage, business tax and
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. 20 CD54:4
PARKS AND RECREATION §54-45
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
will enhance one's enjoyment of their beach expe (i) Termination or suspension of franchise. The
rience. As such, no person or entity operating city council may terminate any franchise awarded
under a commercial beach vendor franchise shall: under this section upon a finding that the fran
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. RECREATION BOARD*
(5) Operate a motorized beach vending vehi-
cle or cart on the beach or within re- Sec. 54-26. Established.
stricted areas; or
There is created a recreation board to consist of
(6) Solicit using any loud sound, vociferous seven members.
speech, boisterous conduct or profane or
(Code 1981, § 255.01; Ord. No. 53-93, § 1, 1-4-94;
(111100' vulgar language. Ord. No. 12 2003, § 6, 7-1-03)
(f) Minimum appearance l dress requirements.
Persons engaging in commercial beach vending Sec. 54-27. Reserved.
shall be required to wear at a minimum an
opaque short sleeve T-shirt and opaque short Editor's note—Ord. No. 12-2003, § 6, deleted § 54-27,
which pertained to vacation of office.
pants covering the pelvic area, around the waist,
and the upper part of the legs. The T-shirt shall
prominently display the business name of the Sec. 54-28. Duties.
franchisee.
The recreation board shall advise the council
(g) Identification requirements. on matters pertaining to public parks and recre-
(1) Franchisees shall display their beach vend- ation and shall serve in such other similar mat-
ing license so that it is visible to patrons, ters as the council may direct.
either on their person or on their vending (Code 1981, § 255.02)
apparatus, at all times while engaging in
commercial beach vending; Sec. 54-29. Indebtedness.
(2) The cart or other vending apparatus must The recreation board shall not incur any debts
display the prices for all items offered for or enter into any contracts or obligations which
sale. would be enforceable against the city,unless prior
(h) Location of commercial beach vending. Com- approval has been obtained from the city council.
mercial beach vending shall be prohibited within (Code 1981, § 251.05)
the following areas:
(1) Within conservation areas,dunes or other Secs. 54-30-54-45. Reserved.
protected zones;
fklkire *Cross reference—Boards,committees,commissions,§2-
(2) Within beach parking areas; 171 et seq.
Supp.No. 20 CD54:5
§54-46 CAPE CANAVERAL CODE
ARTICLE III. VESSEL CONTROL AND Sec. 54-48. Area of enforcement.
WATER SAFETY
The area of enforcement of the provision of this
article shall be the Atlantic Ocean and Banana
Sec. 54-46. Purpose and findings. River located within Cape Canaveral, Florida.
(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.
The provision of this article shall be enforced
(b) The city does hereby declare that the public by members of all duly authorized law enforce-
health, safety and welfare of the citizens of the ment agencies within the city.
city and others requires designation of specific (Ord. No. 14-95, § 1, 8-15-95)
areas within which the operation of vessels may
be regulated or prohibited. Sec. 54-50. Careful and prudent operation
(Ord. No. 14-95, § 1, 8-15-95) required.
Every person operating any vessel in or under
Sec. 54-47. Definitions, any waters within the area of enforcement as set
forth above shall do so in a careful and prudent
For the purposes of this article, the following manner, taking into consideration the weather
terms, phrases, words and derivations shall have conditions and range of visibility, water turbu-
the meaning given herein: lence, proximities to fishermen, bathers, water-
skiers,divers and other boats and watercraft,and
Bather means any person who is in the same all other attendant circumstances so as not to
body of water as a vessel, whether such person is endanger the life, limb or property of any person.
swimming,wading or engaged in any other activ- Failure to operate a vessel in such a careful and
ity in the water. prudent manner shall constitute careless boating
Idle speed means the lowest speed at which a in violation of this article.
vessel can operate and maintain steering control. (Ord. No. 14 95, § 1, 8-15-95)
Operate means to navigate or otherwise use Sec. 54-51. Speed not to be greater than what
any vessel in or on the water. is reasonable under the condi-
tions.
Person means any individual,partnership,firm, Nothing contained in this article shall be con-
corporation, association or other entity. strued to authorize or approve any speed greater
than is reasonable and proper in consideration of
Vessel means every description of watercraft local conditions, other water traffic, fishermen,
and airboat used or capable of being used as a waterskiers or bathers in the area, or other haz-
means of transportation or recreation on the ards.
water.As used in this article,the terms"boat"and (Ord. No. 14-95, § 1, 8-15-95)
"watercraft" are synonymous with "vessel."
Sec. 54-52. Designation of areas of regu-
When not inconsistent with the context, words lated water activities.
used in the present tense include the future,
words in the plural number include the singular All waters within 300 feet offshore from all
number, and the words in the singular number beaches and shorefront bathing areas or shoreline
include the plural number. The word "shall" is of the Banana River,whether or not so designated
always mandatory and not merely directory. with appropriate signs are hereby designated as
(Ord. No. 14-95, § 1, 8-15-95; Ord. No. 22-2003, areas of regulated water activities.
§ 2, 9-2-03) (Ord. No. 14-95, § 1, 8-15-95)
Supp. No. 20 CD54:6
PARKS AND RECREATION §54-55
(1111100°'
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-
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-
ished according to law and shall be subject to a
fine not exceeding the sum of$500.00 or impris-
onment in the county jail for a period of not
exceeding 60 days, or both such fine and impris-
onment.
(Ord. No. 14-95, § 1, 8-15-95)
L
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L
Chapter 66
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*
Article I. In General
Sec. 66-1. Franchise agreements and right-of-way use agreements.
Secs. 66-2-66-25. Reserved.
Article II. Streets
Division 1. Generally
Sec. 66-26. Civil liability for damage.
Sec. 66-27. Speed bumps.
Secs. 66-28-66-35. Reserved.
Division 2. Abandonment
Sec. 66-36. Authority.
Sec. 66-37. Petition for action.
Sec. 66-38. Petition procedure.
Sec. 66-39. Ordinance required.
Secs. 66-40-66-60. Reserved.
'(.h1h110e" Article III. Excavations
Division 1. Generally
Sec. 66-61. Penalty.
Sec. 66-62. Liability of city.
Sec. 66-63. Inspections.
Sec. 66-64. Authority of city.
Sec. 66-65. Method of installation.
Sec. 66-66. Engineering details.
Sec. 66-67. Guarantee.
Sec. 66-68. Cleanup.
Sec. 66-69. City's right to restore surface.
Sec. 66-70. Emergencies.
Secs. 66-71-66-80. Reserved.
Division 2. Permit
Sec. 66-81. Required.
Sec. 66-82. Application.
Sec. 66-83. Fee.
Sec. 66-84. Deposits.
Sec. 66-85. Inspections.
*Cross references-Possession of alcoholic beverages on streets, alleys, sidewalks and parking areas restricted, § 6-51;
possession or consumption of alcoholic beverages while in motor vehicles, § 6-66 et seq.;outdoor entertainment, § 10-46 et seq.;
regulations regarding sea turtles, § 14-51 et seq.;environment,ch. 34;litter,§34-26 et seq.;littering in public places prohibited,
§34-29;business merchants to keep sidewalks free of litter,§34-32;noise,§34-151 et seq.;library,ch.46;traffic and vehicles,ch.
Life 74;truck routes established,§74-30;stormwater management,§90-116 et seq.;sidewalks required in the city,§110-475;dedicated
public lands, § 110-476.
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3
STREETS,SIDEWALKS AND OTHER PUBLIC PLACES §66-81
(itisige
Sec. 66-64. Authority of city. Sec. 66-68. Cleanup.
Under this article, the city shall have the As the excavation work progresses, all streets
authority to: and private properties shall be thoroughly cleaned
of all rubbish, excess earth, rock and other debris
(1) Require offstreet dirt storage; resulting from such work.All cleanup operations
(2) Prohibit street cuts during busy seasons; at the location of such excavation shall be accom-
plished at the expense of the permittee and shall
(3) Determine the size and length of the cut; be completed to the satisfaction of the city but
and shall be limited to the original condition of the
street at the time of excavation.
(4) Prohibit cuts on new pavement. (Code 1981, § 727.07)
(Code 1981, § 727.12)
Sec. 66-69. City's right to restore surface.
Sec. 66-65. Method of installation. If the permittee fails to restore the surface of
All installations under or across paved streets the street to its original and proper condition
or roads shall be made by boring and jacking. upon the expiration of the time fixed by such
Installation by open cut shall be prohibited, ex- permit or otherwise fails to complete the excava
cept as authorized in writing by the city manager tion work covered by such permit, the city, if it
deems it advisable, shall have the right to do all
or the city manager's designee. Any person who work and things necessary to restore the street
receives an adverse decision of the city manager and to complete the excavation work.The permit-
or the city manager's designee may appeal such tee shall be liable for the actual cost thereof and
decision to the city council within ten days of 25 percent of such cost, in addition, for general
receipt of the decision. All materials and work-
manship shall conform to requirements estab-
lished by the city,which will be available from the (Code 1981, § 727.08)
city manager or his designee. Sec. 66-70. Emergencies.
(Code 1981, § 727.03; Ord. No. 18-92, § 1(727.03), If unusual traffic conditions or excavation of a
10-6-92; Ord. No. 18 2010, § 2, 12-21-10) major artery requires that the excavation work be
performed as emergency work,the city shall have
Sec. 66-66. Engineering details. full power to order, at the time the permit is
(a) An engineering detail for boring and jack- granted, that a crew of men and adequate facili
ing under a typical section of pavement of any ties be employed by the permittee 24 hours a day
street within the city is on file and made a part of to the end that such excavation work may be
this article by reference. completed as soon as possible. If emergency con-
ditions create an immediate hazard to life or
(b) An engineering detail for the pavement property, corrective procedures may be corn-
replacement of a typical section of any open cut of menced without the securing of a permit as re-
a city street is on file and made a part of this quired by this article, provided such permit is
article by reference. secured at the earliest practicable time after
(Code 1981, § 727.11) commencement of the work.
(Code 1981, § 727.09)
Sec. 66-67. Guarantee. Secs. 66-71----66-80. Reserved.
Under this article, it shall be the duty of the
permittee to guarantee and maintain the site of DIVISION 2. PERMIT
the excavation work free from defects caused by
the excavation for one year after restoring it to its Sec. 66-81. Required.
Lirre original condition. It shall be unlawful for any person to dig up,
(Code 1981, § 727.04) break,excavate, tunnel,jet,bore and jack,under-
Supp.No. 20 CD66:7
§66-81 CAPE CANAVERAL,CODE
Nu)
mine or in any manner break up any street, this Code for streets which have been paved and
highway, sidewalk or other public way or public for streets which are not paved.Any deposit made
grounds or to make or cause to be made any under this section shall serve as security for the
excavation in or under the surface of any street repair and performance of work necessary to put
for any purpose or to place, deposit or leave upon the street in as good condition as it was prior to
any street any earth or other excavated material the excavation, if the permittee fails to make the
obstructing or tending to interfere with the free necessary repairs or to complete the proper refill-
use of the street, unless such person shall first ing of the opening and the excavation work under
have obtained a permit from the city. Permits the excavation permit. Excavation work per-
issued under this article shall expire 90 days after formed by city staff, by city contractors on city
issuance. projects, or pursuant to an approved franchise
(Code 1981, § 727.01; Ord. No. 18-2010, § 2, agreement shall not be subject to the deposit
12-21-10) requirements of this section.
Sec. 66-82. Application. (b) The city manager is authorized to waive
the deposit required by this section for excavation
The city may require plans and drawings to work required by the city.
accompany the application for an excavation per- (c) Upon the permittee's completion of the work
mit.No excavation permit shall be issued unless a covered by such permit in conformity with this
written application for the issuance of an excava- article, as determined by the city, the balance
tion permit is submitted to the city. The written shall be refunded by the city to the permittee
application shall state the name and address of upon the expiration of the 90-day permit period.
the applicant;the nature, location and purpose of However, the city may use any or all of such
the excavation; the proposed date of commence- deposit to pay the cost of any work the city
ment and date of completion of the excavation; performs to restore or maintain the street if the
and other data as may reasonably be required by permittee fails to perform such work, in which
the city. event the amount refunded to the permittee shall
(Code 1981, § 727.02) be reduced by the amount thus expended by the
city.
Sec. 66-83. Fee. (Code 1981, § 727.06; Ord. No. 18-2010, § 2,
(a) A permit fee as set forth in appendix B to 12-21-10)
this Code shall be charged for the issuance of an
excavation permit, which fee shall be in addition Sec. 66-85. Inspections.
to all other fees for permits or charges relative to All excavation work shall receive an approved
any proposed construction work.Excavation work final inspection from the public works depart-
performed by city staff,by city contractors on city ment. Failure to obtain an approved final inspec-
projects, or pursuant to an approved franchise tion within the time frame specified in section
agreement shall not be subject to the permit fee. 66-81 shall result in the city's utilization of the
(b) The city manager is authorized to waive deposit required by section 66-84.
permit fees for permits issued under this article, (Ord. No. 18 2010, § 2, 12-21-10)
provided such work is required by the city.
(Code 1981, § 727.05; Ord. No. 22-92, § 1(727.05),
12-1-92; Ord. No. 18-2010, § 2, 12-21-10)
Sec. 66-84. Deposits.
(a) The application for an excavation permit to
perform excavation work under this article shall
be accompanied with a deposit, for deposit with
the city, in an amount set forth in appendix B toJ
Supp. No. 20 CD66:8
L
Chapter 74
TRAFFIC AND VEHICLES*
Article I. In General
Sec. 74-1. Travel on other than streets or highways.
Secs. 74-2-74-25. Reserved.
Article II. Trucks
Sec. 74-26. Definitions.
Sec. 74-27. Applicability.
Sec. 74-28. Penalties.
Sec. 74-29. Exceptions.
Sec. 74-30. Truck routes established.
Sec. 74-31. Maps of truck routes.
Sec. 74-32. Signs for truck routes.
Secs. 74-33-74-55. Reserved.
Article III. Stopping,Standing,Parking
Sec. 74-56. State law adopted.
Sec. 74-56.5. Stopping,standing or parking in rights-of-way prohibited.
Sec. 74-57. Penalties.
Sec. 74-58. Authority to establish no parking zones.
L Sec. 74-59. Dune parking prohibited.
Sec. 74-60. Truck parking.
Sec. 74-61. Overnight parking.
Sec. 74-62. Designation of fire lanes.
Sec. 74-63. County's civil traffic infraction hearing officer program adopted.
*Cross references—Possession or consumption of alcoholic beverages while in motor vehicles,§6-66 et seq.;environment,ch.
34;litter,§34-26 et seq.;throwing litter from vehicles prohibited,§34-33;noise,§34-151 et seq.;abandoned property,§34-176 et
seq.;streets,sidewalks and other public places,ch.66;streets,§66-26 et seq.;vehicles for hire,ch.80;concurrency management
(11111110e system,ch.86;visibility requirements at intersections,§ 110-469;location of recreational vehicles,camping equipment,boats and
boat trailers in certain areas of the city, § 110-551 et seq.
Supp.No. 20 CD74:1
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3
TRAFFIC AND VEHICLES §74-29
ARTICLE I. IN GENERAL Truck means any vehicle designed or operated
for the transportation of property, whose corn-
Sec. 74-1. Travel on other than streets or bined load and body weight exceed five tons.
highways. Truck route means a way over certain streets,
(a) No person shall use a motor vehicle for as designated in this article,over and along which
travel on land other than streets or highways.As trucks coming into and going out of the city must
used in this section,the terms"motor vehicle"and operate.
"streets or highways" shall be as defined in F.S. (Code 1981, § 682.01)
Cross reference—Definitions and rules of construction
ch. 316. Consent of the landowner, his agent or generally,§ 1-2.
tenant may be used as a defense by any person
charged under this section, but the burden of Sec. 74-27. Applicability.
proof in such defense by competent evidence shall
be upon the person so charged. All trucks within the city shall be operated only
over and along the truck routes established in
(b) Except as provided in subsection (c) of this this article and on the other designated streets
section, no person shall use any vehicle for travel over which truck travel is permitted.
upon the dune area as defined in section 82-81. (Code 1981, § 682.02)
No person shall use any vehicle for travel upon
the ocean beach, unless such vehicle is propelled Sec. 74-28. Penalties.
by nonmotorized power.
Any person violating this article shall be pun-
(c) Subsection(b)of this section shall not apply ished in accordance with section 1-15.
Latie to emergency vehicles of the police or fire depart-
ment or to ambulances or to private towing vehi-
cles, provided the police department is notified Sec. 74-29. Exceptions.
prior to the travel and the name of the person
requesting towing assistance and the location of This article shall not prohibit the following:
the vehicle to be towed is furnished. (1) Operation on street of destination. The
(Code 1981, §§ 683.01-683.03; Ord. No. 47-93, operation of trucks upon any street where
§ 1, 1-4-94) necessary to the conduct of business at a
Cross reference—Waterways,ch. 106. destination point, provided streets upon
which such traffic is permitted are used
Secs. 74-2-74-25. Reserved. until reaching the intersection nearest
the destination point.
ARTICLE II. TRUCKS* (2) Emergency vehicles.The operation of emer-
gency vehicles upon any street in the city.
Sec. 74-26. Definitions. (3) Public utilities. The operation of trucks
owned or operated by the city, public util-
The following words, terms and phrases, when ities,any contractor or materialman while
used in this article, shall have the meanings engaged in the repair, maintenance or
ascribed to them in this section, except where the construction of streets, street improve-
context clearly indicates a different meaning: ments or street utilities within the city.
Deviating truck means a truck which leaves (4) Detoured trucks. The operation of trucks
and departs from a truck route while traveling upon any officially established detour if
inside the city. such truck could lawfully be operated
upon the street for which such detour is
*Cross reference—Protection from littering from cargo established.
on trucks, §34-34. (Code 1981, § 682.02(A))
Supp.No. 20 CD74:3
§ 74-30 CAPE CANAVERAL CODE
`,.0111)
Sec. 74-30. Truck routes established. on which such traffic is permitted to
a truck route as established in this
There is established within the city the follow- article.
ing truck routes:
b. Inside destination points. All trucks
(1) Outside origin. on a trip originating in the city and
traveling in the city for a destination
a. Outside destination point. All trucks point in the city shall proceed only
entering the city for destination points over streets upon which such traffic
outside the city shall operate only is permitted.
over State Highways AlA and 401. (Code 1981, § 682.03)
Cross references—Streets, sidewalks and other public
b. Inside destination point. places,ch. 66;streets, §66-26 et seq.
1. All trucks entering the city for
a destination point in the city Sec. 74-31. Maps of truck routes.
shall proceed only over an es-
tablished truck route and shall The city clerk shall keep and maintain accu-
deviate only at the intersection rate maps setting out truck routes and streets
with the street upon which such upon which truck traffic is permitted. The maps
traffic is permitted nearest to shall be kept on file in the office of the city clerk
the destination point.Upon leav- and shall be available to the public.
ing the destination point, a de- (Code 1981, § 682.04(A))
viating truck shall return to
the truck route by the shortest Sec. 74-32. Signs for truck routes.
permissible route.
2. All trucks entering the city for The city shall cause all truck routes and those
multiple destination points shall streets upon which truck traffic is prohibited to be
proceed only over established clearly signposted to give notice that this article is
truck routes and shall deviate in effect. No person shall be charged with violat-
only at the intersection with ing this article because of operating a truck upon
the street upon which such traf a street wherein truck travel is prohibited unless
fic is permitted nearest to the appropriate signs are posted on such street.
first destination point. Upon (Code 1981, § 682.04(B))
leaving the first destination
point, a deviating truck shall Secs. 74-33-74-55. Reserved.
proceed to other destination
points by the shortest direction
and only over streets upon which ARTICLE III. STOPPING, STANDING,
such traffic is permitted. Upon PARKING*
leaving the last destination
point, a deviating truck shall Sec. 74-56. State law adopted.
return to the truck route by the
shortest permissible route. F.S. §§ 316.194 and 316.1945 are adopted as
(2) Inside origin. stopping, standing and parking regulations for
the city.
a. Outside destination point. All trucks (Code 1981, § 685.01; Ord. No. 40-93, § 1, 10-19-
on a trip originating in the city and 93)
traveling in the city for a destination *Cross reference—Location of recreational vehicles,camp-
point outside the city shall proceed ing equipment,boats and boat trailers in certain areas of the
by the shortest direction over streets city, § 110-551.
Supp.No. 20 CD74:4
TRAFFIC AND VEHICLES § 74-58
LINO1
Sec. 74-56.5. Stopping, standing or parking (6) Parked in handicapped space 100.00
in rights-of-way prohibited. (7) Parked double or obstruct
(a) In addition to any prohibition imposed by ing traffic 30.00
state law, no person shall stop, stand or park a (8) Parked on sidewalk 30.00
vehicle on any portion of a right-of-way,improved
or unimproved, including on a sidewalk or on the (9) Parked on ocean dunes 100.00
paved portion and any shoulder or berm, except (10) Parked in fire lane 30.00
when necessary to avoid conflict with other traf-
(11) Other 30.00
fic,or to comply with law,the directions of a police
officer or official traffic device. The term "side- (b) Surcharge on parking fines.
walk" shall be as defined in F.S. § 316.003 and
shall include any portion of a sidewalk that tra (1) A surcharge in the amount of $10.00 is
verses a driveway. hereby imposed on all parking fines im-
posed under this article for parking viola-
(b) This section shall not be construed to pro- tions occurring within the city,for the sole
hibit the parking of vehicles on beach-end streets purpose of funding school crossing guard
where expressly authorized by the City Code, nor programs.
shall it be construed to prohibit parking on des- (2) The proceeds collected from this sur-
ignated parking areas located in rights-of-way charge shall be placed in the "Cape Ca-
which are legally nonconforming as of November naveral School Crossing Guard Trust
4,2010.This section shall also not be construed to Fund," which is hereby established, and
prohibit the temporary parking of service or de- funds collected from this surcharge shall
livery vehicles on a right-of-way (excluding side- be distributed quarterly to fund school
Loo" walks), provided such vehicles are in actual use crossing guard programs. The city may
providing service or delivery and provided such set aside funds derived from this sur-
vehicles do not obstruct pedestrian or vehicular charge to pay for star-up costs and recur-
traffic. ring administrative costs related to print-
(c) The city council may authorize the tempo- ing new tickets or other means of
rary parking of vehicles on a right-of-way(exclud- implementing the school crossing guard
ing sidewalks) during seasonal holidays and spe- program.
cial events. (Code 1981, § 685.06; Ord. No. 6-93, § 1(685.06),
(Ord. No. 16-2010, § 2, 11-4-10) 4-6-93; Ord. No. 29-93, § 1(685.06), 9-21-93; Ord.
No.40-93,§3, 10-19-93;Ord.No. 1-94,§2,2-1-94;
Sec. 74-57. Penalties. Ord. No. 29-2003, § 2, 9-16-2003; Ord. No. 14-
2009, § 2, 1-5-10)
(a) [Violations.]Any person violating this arti-
cle shall be punished in accordance with the Sec. 74-58. Authority to establish no park-
schedule as follows: ing zones.
Violation Penalty (a) Except as provided in subsection(b)of this
(1) Parked in excess of autho- section, the chief law enforcement officer may
establish no parking zones by designating those
rized time $ 30.00 places where motor vehicles are prohibited from
(2) Parked in no parking zone 30.00 parking. The chief law enforcement officer shall
(3) Parked in loading zone 30.00 place a sign or other identifying mark indicating
no parking zones.
(4) Parked in reserved zone with (b) The city fire chief shall designate all fire
out permit 30.00 lanes in which it shall be unlawful for any vehicle
Lioe (5) Parked irregularly (extend- to park in accordance with the provisions of
ing over boundary) 30.00 section 74-62. The city fire chief or designee is
Supp.No. 20 CD74:5
§ 74-58 CAPE CANAVERAL CODE
designated as a parking enforcement specialist or in any public street,alley,roadway or premises
who may enforce prohibitions against parking in or on any public property or any private property
fire lanes. to which the public has access and the words"Fire
(Code 1981, § 685.02; Ord. No. 40-93, § 2, 10-19- Lane, No Parking" painted thereon in letters no
93; Ord. No. 1-94, § 1, 2-1-94) less than 18 inches in length.
Sec. 74-59. Dune parking prohibited. (c) The city fire chief may require, as a condi-
tion of the issuance of a building permit, site plan
It shall be unlawful for any vehicle to park on or development plan, that the owner thereof des-
any of the ocean dunes, and any such parking ignate fire lanes on the property subject to the
may be ticketed as a violation of this article. building permit, site plan or development plan
(Code 1981, § 685.03) when the city fire chief determines that such
Cross reference—Waterways,ch. 106. designation is necessary to protect the public
health,safety and welfare.Any such private prop-
Sec. 74-60. Truck parking. erty designated as a fire lane shall be marked in
It shall be unlawful for any truck weighing accordance with subsection (b)of this section and
6,000 pounds or more to park anywhere within subject to the provisions of subsection (d) of this
the City of Cape Canaveral for more than four section.
consecutive hours where so posted. (d) Vehicles,equipment or materials parked or
(Code 1981, §685.04; Ord. No. 11-99, § 1, 8-17-99) stored in an area designated as a fire lane shall be
removed, ticketed and/or impounded upon the
Sec. 74-61. Overnight parking. order of the city fire chief or designee or the chief
It shall be unlawful for any vehicle to park on law enforcement officer of the city, and all costs of
any of the beach end streets east of Ridgewood such removal and impounding shall be assessed
Avenue between the hours of 10:00 p.m. and 5:00 against the owner, lessee or other person having
a.m., and any such parking shall be ticketed as a control of such vehicle, equipment or material.
violation of this article. For the purposes of this (Ord. No. 1-94 § 3, 2-1-94)
section, the term "beach end street" means a
street within the city that has as its east terminus Sec. 74-63. County's civil traffic infraction
the Atlantic Ocean or the dune line which runs hearing officer program adopted.
north and south parallel to the Atlantic Ocean. Pursuant to F.S.chs.316 and 318,the city shall
(Code 1981, § 685.05) participate in the county's civil traffic hearing
officer program as set forth in sections 106-75,
Sec. 74-62. Designation of fire lanes. 106-76, 106-77 and 106-49, excepting that certain
(a) The city fire chief shall be authorized to fee schedule as adopted in 106-49(a)(1) of the
designate fire lanes on or in a public street, alley, ordinances of the county.
roadway or premises, or on any public property (Ord. No. 6 95, § 1, 3-21-95)
which, in his opinion, would be necessary or
desirable for the free movement of fire apparatus
or of firefighting personnel responding to or oper-
ating at a scene of a fire or other public emer-
gency.
(b) Designated fire lanes authorized by the
city fire chief shall be appropriately identified
with signs bearing the words "Fire Lane, No
Parking." The signs and lettering shall be stan-
dard information type traffic signs, with red let-
ters on white background. In addition, the city
fire chief may require diagonal striping placed on
Supp. No. 20 CD74:6
LSIGNS §94-4
message, relies solely on the side of the building with interpreting applicable building codes and
for rigid structural support, and is painted on the advising the administrator relative to building
building. The term excludes a painting or work code issues under this chapter.
placed on a structure that is erected solely for the (Ord. No. 05-2009, § 3, 9-15-09)
sole or primary purpose of signage.
Sec. 94-4. Exemptions.
Window sign means illuminated and nonil-
luminated signs placed in the interior or exterior The following signs may be erected without a
windows of a structure, and which can be viewed permit,subject,however,to all remaining require-
from the outside of the structure. ments of these regulations:
(Ord. No. 05-2009, § 3, 9-15-09) (1) Decals affixed to and normally associated
with signs painted on equipment, fuel
Sec. 94-2. Purpose and scope. pumps or other types of equipment pro-
vided such decals are affixed with the
(a) The purpose of this chapter is to regulate
consent of the equipment owner;
the number, size, type, use, design, construction
and location of signs within the city. These reg-u- (2) Signs wholly within a building or enclosed
lations are established in order to promote the space, excluding window signs which are
overall economic well-being of the city, while at more specifically regulated under this chap-
the same time providing for the health,safety and ter;
welfare of the public by reducing the adverse (3) One sign or tablet per building, of four
effects of signs on safety, property values, traffic, square feet or less, when cut into any
and the enjoyment of the scenic beauty of the city. masonry surface or when constructed of
These regulations are intended to avoid excessive bronze or other incombustible materials
competition and clutter among sign displays in and attached to the surface of the build-
the demand for public attention, eliminate dan
gerous, dilapidated and unsightly signs and pro- ing;
vide for adequate maintenance and inspection of (4) Bulletin boards provided said boards shall
signs within the corporate limits of the city, con- not exceed six square feet and shall be
sistent with constitutional guarantees and while limited to one per business entrance;
providing for adequate opportunities for effective (5) Traffic-control devices installed in accor-
means of communication. dance with applicable provisions of the
(b) For purposes of this chapter, any lawful City Code and the traffic control manual
sign may display a noncommercial message in published by the Florida Department of
addition to, or in lieu of, any other message. All Transportation;
noncommercial speech shall be deemed to be on (6) Window signs that do not exceed 25 per-
premises. Nothing in this chapter shall be con- cent of the total window glass area for
strued to regulate the content of the message each side of the building or unit thereof
displayed on any sign. and are placed in the upper or lower half
(Ord. No. 05-2009, § 3, 9-15-09) of the window glass area. In addition, the
total square footage of the window signs
Sec. 94-3. Administrator. located above ten feet from grade, when
added to the total existing signage for the
The "administrator" shall be the building offi- building or unit thereof, does not cause
cial unless otherwise directed by the city manager the total signage copy area for the build-
in writing. The administrator shall also include ing or unit thereof to exceed the maxi-
any authorized designee of the administrator who mum total signage copy area allowed for
is charged with implementing the provisions of the particular building or unit thereof.
this chapter. If the administrator is not the build Further, all sales transaction areas, as
ing official, the building official shall be charged well as any other areas that may be
Supp.No. 20 CD94:7
§94-4 CAPE CANAVERAL CODE
'NJ
deemed as necessary for viewing for safety seq., according to the procedures legally estab-
purposes by a law enforcement agency, lished for such board and subject to the penalties
shall not be obstructed from view from the provided by F.S. ch. 162.
outside of the building by a window sign; (Ord. No. 05-2009, § 3, 9-15-09)
and
Sec. 94-6. Prohibited signs and features.
(7) Temporary signs on residential property
that do not exceed six square feet and on The following signs and features are strictly
nonresidential property that do not ex- prohibited:
ceed 12 square feet, provided the signs (a) Signs on utility poles and trees. Signs,
meet the requirements of this chapter. regardless of whether exempt from per-
Temporary signs on nonresidential prop- mit requirements, are prohibited on pub-
erty that exceed 12 feet,but are less than lic utility poles or trees, except govern-
32 square feet, may be authorized by ment banner signs may be permitted on
permit under this chapter. brackets installed on utility poles if au-
(8) For 911 and emergency response thorized by the utility company.
pur-
poses, signage identifying the address of (b) Obstruction of free ingress or egress;stand-
the property, which shall be located in a pipes/fire escapes.No sign shall be erected,
place that is clearly visible from the right- relocated or maintained so as to obstruct
of-way. free ingress to or egress from any door or
fire escape. No sign of any kind shall be
(9) Signs held by humans. attached to a standpipe or fire escape,
(10) Subject to the criteria established in sec- unless the sign is incidental to the func-
tion 94-61, temporary, permanent, and
tion of the fire escape or standpipe.
portable government monuments, mark- (c) Signs on right-of-way. Signs on right-of-
ers, and signs located on public property. way that do not constitute a bona fide
traffic control device installed for the safety
(11) Home occupation signs pursuant to sec- of pedestrians and vehicles, or do not
tion 94-83. serve a governmental function.
(12) Subject to the criteria established in sec- (d) Portable signs. Any sign, excluding vehic-
tion 94-61, historical markers located on ular signs, which is mobile or is not se-
public or private property that are part of curely and permanently attached to the
a duly authorized local, state or federal ground or a building is prohibited, except
historical program. a sandwich board is permitted on commer-
(Ord. No. 05-2009, § 3, 9-15-09; Ord. No. 19-2010, cial property provided it is only displayed
§ 2, 12-21-10) outside during normal business hours of
the business that is displaying the sand-
wich board.
Sec. 94-5. Penalty for violation.
(e) Merchandise displays on rights-of-way.Per-
(a) Any person who knowingly violates or fails manent, temporary, portable or movable
to comply with any of the sections of this chapter signs or displays of merchandise located
or any erector, owner or user of an unlawful sign on any street, sidewalk, alley, or right-of-
or any owner of the property on which an unlaw- way are prohibited.
ful sign is located, shall, upon conviction, be
(f) Off-premises signs, except temporary off-
punished as provided in section 1-15. premises signs gns that are expressly autho-
(b) In addition to the criminal penalties pro-
vided in this section, any violation of this chapter (g) Wall mural. A wall mural is strictly pro-
shall be subject to enforcement by section 2-256 et hibited on the exterior of any building
Supp.No.20 CD94:8
SIGNS §94-6
Lie
within the city unless the wall mural is
approved under the community appear-
ance review standards set forth in sec-
tions 22-36 et seq.
(h) Window signs. Window signs that do not
comply with sec. 94-4.
(i) Ground signs with exposed metal sup-
ports including poles.
(j) Air-inflated devices.
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Supp.No. 20 CD94:8.1
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3
ZONING
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.
Sec. 110-445. Preservation of trees.
(111111111111e 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. Resort dwellings; resort condominiums; nonconforming use sta-
tus;expiration.
Sec. 110-487. Rental restrictions on dwelling units.
LI1109' Sec. 110-488. Assisted living facilities.
Secs. 110-489-110-490. Reserved.
Supp. No. 20 CD110:5
CAPE CANAVERAL CODE
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.
3
Supp. No. 20 CD110:6
ZONING § 110-1
LI1,91
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, construe-
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
structure and used in communications that radi-
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,
(tiosie 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. 20 CD110:7
§ 110-1 CAPE CANAVERAL CODE
Camper(truck mounted)means a portable struc- Courtesy notice means a notice of a public
ture designed to be mounted on a truck or similar hearing, not required by law, mailed at the city's
type vehicle, for the purpose of converting the discretion pursuant to the provisions of this chap-
vehicle into a movable living unit, and customar- ter to property owners within 500 feet of property
ily used for recreational or camping use. which is the subject of the public hearing. Cour-
tesy notices may be sent by regular or certified
or child care arrangement as defined by F.S. mail, as set forth herein.
§ 402.302, as may be amended.
Dedication means the deliberate appropriation
Church means any building occupied on a of land by its owner for any general and public
permanent basis for religious exercises as a pri- uses, reserving to himself no other rights than
mary use. such as are compatible with the full exercise and
Clinic means a building where patients, who enjoyment of the public uses to which the prop
are not lodged overnight, are admitted for exam erty has been devoted.
ination and treatment by one person or group of
persons practicing any form of the healing arts Dish antenna. See the definition of"earth sta
services to individuals, whether such persons are tion antenna."
medical doctors,chiropractors,osteopaths,chirop-
odists, naturopaths, optometrists, dentists or any Drive-in restaurant or refreshment stand means
similar profession the practice of which is li any place or premises used for sale, dispensing or
censed in the state. The term does not include a servicing of food, refreshments or beverages in
place for the treatment of animals. automobiles,including those establishments where
customers may serve themselves and may eat or
Common open space means a parcel or area of drink the food, refreshments or beverages on the
land or land and water, other than a dedicatedpremises.
canal, within the site and designed and intended
for the use or enjoyment of residents living within Drive, private, means a private way set aside
the zone or development area. Common open for vehicular traffic that does not exceed 200 feet
space may contain such complementary struc- in developed length and serves less than four
tures and improvements as are necessary and residential, commercial or any combination of
appropriate for the benefit and enjoyment of the residential and commercial units.
residents.
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-
signed for travel over highways and streets or for
Containers means any cans, barrels, drums or house accommodations or both, manufactured on
tanks, except stationary tanks, which would be an integral chassis or undercarriage and arriving
used for the outside storage of nonhazardous at the site where it is to be occupied, except for
materials. 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. Dwelling, multiple-family, means a residential
Court means an unoccupied open space on the building designed for or occupied by three or more
same lot with the principal building and enclosed families,with the number of families in residence
on at least three adjacent sides by walls of the not exceeding the number of dwelling units pro-
principal building. vided.
Supp.No. 20 CD110:8
ZONING § 110-1
Lise,
Dwelling, single-family, means a detached res-
idential dwelling unit other than a mobile home,
designed for and occupied by one family.
Dwelling, two-family, means a detached resi-
dential building containing two dwelling units,
designed for occupancy by not more than two
families.
Dwelling unit or living unit means one room or
rooms connected together,constituting a separate
independent housekeeping establishment for owner
occupancy, for rent or lease, and physically sepa-
rated from any other rooms or dwelling units
which may be in the same structure and contain-
ing independent cooking and sleeping facilities.
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Supp.No. 20 CD110:8.1
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3
ZONING § 110-1
L11101
Residential district means that area set aside Setback means a required open space on the
primarily for use as low and medium density same lot with a principal building,which space is
residential housing. unoccupied and unobstructed by buildings from
the ground upward except as specified in sections
Resort condominiums shall mean any unit or 110-468, 110-492, 110-538 and 110-567. All re-
group of units in a condominium, cooperative, or quired setback areas shall be properly main-
timeshare plan which is rented more than three tained and open space areas within the setback
times in a calendar year for periods of less than 30 areas (except parking and other legal encroach-
days or one calendar month, whichever is less, or ments) shall be landscaped with greenery (sod).
which is advertised or held out to the public as a
place regularly rented for periods of less than 30 Shed means any structure built for the sup-
days or one calendar month, whichever is less. port, shelter or enclosure of persons, animals,
chattels or property of any kind which has enclos-
Resort dwelling shall mean any individually or ing walls for less than 50 percent of its perimeter.
collectively owned one-family, two-family, three-
family, or four-family dwelling house or dwelling Shopping center means three or more units for
unit which is rented more than three times in a purposes of mercantilism.
calendar year for periods of less than 30 days or
one calendar month,whichever is less,or which is Sign means the same as defined in chapter 23
advertised or held out to the public as a place of the building code adopted in section 82-31.
regularly rented for periods of less than 30 days
or one calendar month, whichever is less. Special exception means a use that would not
be appropriate generally or without restriction
Restaurant means any building or structure or throughout the zoning division or district but
portion thereof in which food is prepared and which,if controlled as to number,area,location or
served for pay to any person not residing on the relation to the neighborhood, would promote the
premises. public health, safety, welfare, morals, order, com-
Right of way means land reserved, used or to fort, convenience, appearance, prosperity or gen-
be used for a street, alley, walkway, drainage eral welfare. Such uses as may be permitted by
facility or other public purpose. the board of adjustment are identified for each
zoning district as special exceptions.
Satellite dish means any device incorporating a
reflective surface that is solid, open mesh, or bar Story means that portion of a building included
configured that is shallow dish, cone, horn, or between the floor surface and the upper surface of
cornucopia shaped and is used to transmit and/or the floor next above or any portion of a building
receive electromagnetic signals. This definition is used for human occupancy between the topmost
meant to include, but is not limited to, what are floor and roof. A basement or cellar not used for
commonly referred to as satellite earth stations, human occupancy shall not be counted as a story.
TVROs, and satellite microwave antennas.
Street means a public or private right-of-way
Schoolgrounds means all the land included in set aside for public travel.
the lot or parcel upon which a school building is
regularly used,except during vacation periods,by Street centerline means the midpoint of the
elementary and secondary school students. The street right-of-way.
school and land may be public or private.
Street, private, means a private way set aside
Service station means a building and premises for vehicular traffic that exceeds 200 feet in
where petroleum products are supplied at retail, developed length or serves four or more residen-
as a primary use,and where,in addition, services tial,commercial or any combination of residential
may be rendered and sales made as specified by and commercial units. Private streets shall be
this chapter. installed in accordance with section 98-92.
Supp.No. 20 CD110:13
§ 110-1 CAPE CANAVERAL CODE
Street right-of-way means the property line Vacant means a building or parcel of land that
which bounds the right-of-way set aside for use as is neither occupied nor used.
a street. Variance means a relaxation of the terms of
Structure means that which is built or con- this chapter when such variance will not be
structed. contrary to the public interest and when,owing to
conditions peculiar to the property and not the
Swimming pool means any portable pool or result of the actions of the applicant, a literal
permanent structure containing a body of water enforcement of this chapter would result in un-
18 inches or more in depth or 250 square feet of necessary and undue hardship. As used in this
surface area or more of water service area,includ- chapter, a variance is authorized only for height,
ing an ornamental reflecting pool or fish pond or area, size of structure or size of yards and open
other type of pool, regardless of size, unless it is spaces; establishment or expansion of a use oth-
located and designed so as not to create a hazard erwise prohibited shall not be allowed by variance
or not be used for swimming or wading. nor shall a variance be granted because of the
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
the purpose of outdoor living. Wall, concrete boundary, means a structure
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.
Townhouse means a single-family dwelling unit Yard means all open space on the same lot as
constructed in a series or group of attached units the principal building, which space is unoccupied
with property lines separating such units. and unobstructed by buildings from the ground
upward, except as otherwise provided. The term
Trailer means a portable structure having no generally applies to the area from each lot line to
foundation other than wheels,jacks or blocks that the principal building and its attached porches,
will not be a hazard to adjacent buildings and sheds, carports, garages and storage areas.
that is also fully enclosed, operable and licensed. (Code 1981, § 632.01; Ord. No. 7-96, § 1, 6-18-96;
Ord.No. 9-97,§ 1, 9-2-97;Ord.No. 19-98, §§ 1-3,
Trailer park means an area duly licensed by 6-16-98; Ord. No. 30-98, § 1, 10-20-98; Ord. No.
the city and approved by the state board of health, 1-00, § 1, 2-1-00; Ord. No. 5-00, §§ 1, 2, 4-18-00;
which is designed, constructed, equipped, oper- Ord. No. 03-2003, § 2, 8-19-03; Ord. No. 02-2004,
ated and maintained for the purpose of providing § 2, 3-02-04; Ord. No. 01-2007, § 2, 2-20-07; Ord.
space for and otherwise servicing mobile homes No. 04-2007, § 2, 6-19-07; Ord. No. 04-2008, § 3,
and trailers. 5-6-08; Ord. No.1 3-2009, § 2, 12-15-09; Ord. No.
Travel trailer. See the definition of "recre 05 2010, § 2, 4-20-10; Ord. No. 17 2010, § 2,
11-16-10. Ord. No. 04-2011 § 2 6-21-11)
ational vehicle.
Cross reference—Definitions and rules of construction
generally, § 1-2.
Utility access easement means an easement
less than 20 feet wide, dedicated and used for Sec. 110-2. Board of adjustment.
utilities and utility vehicles. The term does not
qualify as an alley pursuant to chapter 98 per- (a) A board of adjustment is established and
taining to subdivisions. shall consist of five members.
Supp.No. 20 CD110:14
ZONING § 110-2
Lisol
(b) The board of adjustment shall have the
powers and duties to consider applications for
special exceptions, variances, and administrative
appeals under this chapter.
(c) The board of adjustment shall not incur
any debts or enter into any contracts or obliga-
tions which would be enforceable against the city,
unless prior approval has been obtained from the
city council.
(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 07-2007,
§ 2, 12-4-07)
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Supp.No. 20 CD110:14.1
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3
ZONING § 110-274
(11111111110e
in the opinion of the building official, is not Sec. 110-273. Accessory uses and structures.
similar to a listed permitted use or due to its
nature is an unusual use shall be referred to the In the R-1 low density residential district,
board of adjustment which will, according to the accessory uses and structures shall be permitted
procedures set forth for a special exception in as follows:
article II of this chapter, determine the proper (1) Noncommercial piers,boathouses and load-
zone for such use. The board of adjustment may ing places intended solely for the use of
prescribe appropriate additional conditions and the adjoining residences, providing that
safeguards in the public interest. the following conditions are met:
(Code 1981, § 635.15) a. No dock or pier shall extend over five
feet beyond the property line, unless
the abutting waterway is over 100
feet in width at such point where the
Secs. 110-258-110-270. Reserved. pier or dock is constructed.
b. No watercraft moored to such use
DIVISION 2. R-1 LOW DENSITY shall be used as living quarters, ex-
RESIDENTIAL DISTRICT* cept as provided by section 110-552.
c. All applicable regulations and restric-
tions of the U.S. Army Corps of En-
' Sec. 110-271. Intent. gineers and other federal, county,
state and local controls shall be ad-
The requirements for the R-1 low density res-
identialLool district are intended to apply to an area (2) Noncommercial botanical nurseries and
of single-family unattached residential develop- greenhouses.
ment. Lot sizes and other restrictions are in-
tended to promote and protect a high quality of (3) Customary accessory uses of a residential
residential development free from congestion and nature, clearly incidental and subordi
overpopulation, to promote the permanent resi nate to the principal use, including ga
rages, carports and the like, in keeping
dency of single families and to enhance and main- with the residential character of the dis-
tain the residential character and integrity of the trict.
area.
(Code 1981, § 637.01; Ord. No. 04-2007, § 2, (4) Home occupations subject to section 110-
6-19-07) 521 et seq.
(Code 1981, § 637.05)
Sec. 110-272. Principal uses and structures. Sec. 110-274. Special exceptions permissi-
ble by board of adjustment.
The principal uses and structures in the R-1 In the R-1 low density residential district, the
low density residential district are as follows: following special exceptions shall be permitted by
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.
(1111111110e *Cross reference—Sign restrictions in R-1 low density (Code 1981, § 637.07; Ord. No. 17-2010, § 2,
residential district,§94-96. 11-16-10)
Supp.No. 20 CD110:33
§ 110-275 CAPE CANAVERAL CODE
Sec. 110-275. Prohibited uses and structures. Secs. 110-279-110-290. Reserved.
In the R-1 low density residential district, all
uses not specifically or provisionally permitted in DIVISION 3. R-2 MEDIUM DENSITY
this division and any use not in keeping with the RESIDENTIAL DISTRICT*
single-family residential character of the district,
including two-family and multiple-family dwell- Sec. 110-291. Intent.
ings, townhouses and mobile home parks, are The requirements for the R-2 medium density
prohibited. residential district are intended to apply to an
(Code 1981, § 637.09) area of medium density residential development
with a variety of housing types. Lot sizes and
Sec. 110-276. Area and dimensions. other restrictions are intended to promote and
In the R-1 low density residential district, the protect medium density residential development
following area and dimensions shall be required: maintaining an adequate amount of open space
for such development. Further, the provisions
(1) Minimum lot area shall be 7,500 square herein are intended to promote areas free from
feet. congestion and overpopulation, to promote the
(2) Minimum lot width shall be 75 feet. permanent residency of families and to enhance
and maintain the residential character and integ-
(3) Minimum lot depth shall be 100 feet. rity of the area.
(4) Maximum lot coverage shall be 40 per- (Code 1981, § 637.15; Ord. No. 04-2007, § 2,
cent. 6-19-07)
(5) Minimum living area shall be 1,100 square Sec. 110-292. Principal uses and structures.
feet. In the R-2 medium density residential district,
(6) Maximum height shall not exceed 25 feet. the principal uses and structures shall be:
(Code 1981, § 637.11) (1) Single-family dwellings;
Sec. 110-277. Minimum setbacks. (2) Two-family dwellings;
(3) Multifamily dwellings; or
In the R-1 low density residential district, the
following minimum setbacks shall be required: (4) Public schools.
(1) Front, 25 feet. Notwithstanding the foregoing, there shall be no
more than 15 dwelling units per net residential
(2) Side (interior lot line), eight feet or ten acre.
percent of lot, whichever is greater, up to (Code 1981, § 637.17; Ord.No. 17-96, § 1, 10-1-96;
20 feet. Ord. No. 04-2007, § 2, 6-19-07)
(3) Side (corner lot line), 25 feet. Sec. 110-293. Accessory uses and structures.
(4) Rear, 25 feet; 20 feet when abutting an In the R02 medium density residential district,
alley. accessory uses and structures shall be permitted
(5) Public or private street, 25 feet. as follows:
(Code 1981, § 637.11) (1) Noncommercial piers,boathouses and load-
ing places intended solely for the use of
Sec. 110-278. Offstreet parking and access. the adjoining residences,provided the fol-
In the R-1 low density residential district, lowing conditions are met:
offstreet parking area and access to a public or a. No dock or pier shall extend over five
private street shall be provided in accordance feet beyond the property line,unless
with section 110-491 et Seq. *Cross reference Sign restrictions in the R-2 medium
(Code 1981, § 637.13) density residential district, §94-97.
Supp.No. 20 CD110:34
ZONING § 110-296
(11111101e
the abutting waterway is over 100 (6) Child care facilities licensed and operated
feet in width at such point where the consistent with Florida law, subject to the
pier or dock is constructed. following conditions:
b. No watercraft moored to such use a. The child care facility must be lo-
shall be used as living quarters, ex- cated in a multifamily complex and
cept as provided by section 110-552. any such complex shall not be an
c. All applicable regulations and restric- restricted community;
tions of the U.S. Army Corps of En- b. There shall be an adequate dropoff
gineers and other federal, county, and pickup area onsite located out-
state and local controls shall be ad- side of the public right-of-way;
hered to. c. One parking space per employee plus
(2) Noncommercial botanical nurseries and one parking space for every eight
greenhouses. children shall be required, with a
minimum of five total spaces;
(3) Customary accessory uses of a residential
nature, clearly incidental and subordi d. Adequate visual screening and noise
nate to the principal use, including ga-
rages, carports and the like, in keeping provided.
with the residential character of the dis- e. Each application for a special excep-
trict. tion under this subsection shall be
accompanied by a site plan drawn to
(4) Home occupations, subject to section 110-
scale depicting the child care build-
L1101521. ing, dropoff and pickup area, park-
(5) Parking lots and facilities in conjunction ing, play area and adjacent build-
with one or more principal uses. ings.
(Code 1981, § 637.19) f. Adequate lighting in the pickup and
dropoff area shall be provided.
Sec. 110-294. Special exceptions permissi- For purposes of this subsection,the term"child
ble by board of adjustment. care facility" shall not include a "family day
In the R-2 medium density residential district, care home," as defined by Florida law.
the following special exceptions shall be permis (Code 1981, § 637.21; Ord. No. 05 2010, § 2,
sible by the board of adjustment: 4-20-10)
(1) Public utility equipment;uses and rights- Sec. 110-295. Prohibited uses and structures.
of-way essential to serve the neighbor-
hood in which it is located. In the R-2 medium density residential district,
all uses and structures not specifically or provi-
(2) Public and nonprofit private schools with sionally permitted in this division are prohibited.
conventional curriculums; public librar- (Code 1981, § 637.23)
ies.
(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:
(5) Public and semipublic parks,playgrounds, a. One- and two family, 7,500 square
playfields and recreation facilities. feet.
Supp.No. 20 CD110:35
§ 110-296 CAPE CANAVERAL CODE
b. Multiple-family, 10,000 square feet. Sec. 110-298. Offstreet parking and access.
(2) Minimum lot width shall be 75 feet. In the R-2 medium density residential district,
(3) Minimum lot depth shall be 100 feet. offstreet parking and access to a public or private
street shall be provided in accordance with sec-
(4) Maximum lot coverage shall be 35 per- tion 110-491 et seq.
cent. (Code 1981, § 637.27)
(5) Minimum living or floor area shall be as
follows: Secs. 110-299-110-310. Reserved.
a. One-family, 1,100 square feet per
dwelling unit. DIVISION 4. R-3 MEDIUM DENSITY
b. Two-family,750 square feet per dwell RESIDENTIAL DISTRICT*
ing unit.
Sec. 110-311. Intent.
c. Multiple family, as follows:
1. Efficiency, 450 square feet per The requirements for the R-3 medium density
dwelling unit. residential district are intended to apply to an
area of medium density residential development
2. One bedroom, 650 square feet with a variety of housing types. Lot sizes and
per dwelling unit. other restrictions are intended to promote and
3. Two bedrooms, additional bed- protect medium density residential development
rooms,750 square feet per dwell- maintaining an adequate amount of open space
ing unit (plus 200 square feet for such development. Further, the provisions
for each additional bedroom). herein are intended to promote areas free from
(6) Maximum height shall not exceed 25 feet. congestion and overpopulation, to promote the
permanent residency of families and to enhance
(7) Maximum length or width of a structure and maintain the residential character and integ-
shall not exceed 185 feet. rity of the area.
(Code 1981, § 637.25) (Code 1981, § 637.29; Ord. No. 04-2007, § 2,
6-19-07)
Sec. 110-297. Minimum setbacks.
Sec. 110-312. Principal uses and structures.
(a) In the R-2 medium density residential dis-
trict, the following minimum setbacks shall be In the R-3 medium density residential district,
required. the principal uses and structures shall be:
(1) Front, 25 feet. (See subsection (b) of this (1) Single-family dwellings;
section.)
(2) Two-family dwellings;
(2) Side (interior lot line), eight feet or ten
percent of width of lot,whichever is greater, (3) Multifamily dwellings; or
up to 15 feet. (4) Public schools.
(3) Side (corner lot line), 25 feet; on all non Notwithstanding the foregoing, there shall be no
conforming lots of record, 15 feet. more than 15 dwelling units per net residential
(4) Rear, 15 feet. acre.
(Code 1981, §637.31; Ord. No. 17-96, §2, 10-1-96;
(5) Public or private street, 25 feet. Ord. No. 04-2007, § 2, 6-19-07)
(b) See section 110-536 for special setbacks. *Cross reference—Sign restrictions in the R-3 medium
(Code 1981, § 637.25) density residential district,§94-98.
Supp.No. 20 CD110:36
ZONING § 110-315
Sec. 110-313. Accessory uses and structures. (2) Public and nonprofit private schools with
conventional curriculums; public librar-
In the R-3 medium density residential district, ies.
the following accessory uses and structures shall
be permitted: (3) Churches and other places of worship;
parish houses.
(1) Noncommercial piers,boathouses and load- (4) Public safety structures and equipment,
ing places intended solely for the use of such as fire substations, civil defense fa-
the adjoining residences,provided the fol- cilities and the like.
lowing conditions are met:
(5) Public and semipublic parks,playgrounds,
a. No dock or pier shall extend over five playfields and recreation facilities.
feet beyond the property line,unless
the abutting waterway is over 100 (6) Assisted living facilities, subject to the
feet in width at such point where the requirements of section 110-488.
pier or dock is constructed. (Code 1981, § 637.35; Ord. No. 17-2010, § 2,
11-16-10)
b. No watercraft moored to such use
shall be used as living quarters, ex- Sec. 110-315. Prohibited uses and structures.
cept as provided by section 110-552.
In the R-3 medium density residential district,
c. All applicable regulations and restric- all uses and structures not specifically or provi-
tions of the U.S. Army Corps of En- sionally permitted in this division are prohibited.
gineers and other federal, county, (Code 1981, § 637.37)
state and local controls shall be ad-
hered to.
(2) Noncommercial botanical nurseries and
greenhouses.
(3) Customary accessory uses of a residential
nature, clearly incidental and subordi-
nate to the principal use, including ga-
rages, carports and the like, in keeping
with the residential character of the dis-
trict.
(4) Home occupations subject to section 110-
521.
(5) Parking lots and facilities in conjunction
with one or more principal uses.
(Code 1981, § 637.33)
Sec. 110-314. Special exceptions permissi-
ble by board of adjustment.
In the R-3 medium density residential district,
special exceptions permissible by the board of
adjustment shall be as follows:
(1) Public utility equipment;uses and rights-
of-way essential to serve the neighbor-
hood in which it is located.
Supp.No. 20 CD110:36.1
3
....,)
This page is intentionally left blank
3
ZONING § 110-334
LIlie
n. A minimum building size of 2,000 c. All servicing and repair activities,
square feet shall be provided. except gasoline pumps shall be lo-
o. No plants (grass, weeds, etc.) shall Gated in an enclosed structure.
be allowed to grow through cracks or d. There shall be no storage of junked
joints in the pavement. or wrecked automobiles, other than
p. Landscaping shall conform to sec- temporary storage not to exceed 30
tion 110-566. days, and these vehicles shall be in
an enclosed area and not be visible
q. Service stations shall not be erected from outside the property.
or located within 2,000 feet of the e. Ingress and egress points shall not
property line of another service sta- be placed so as to endanger pedes-
tion. trian traffic.
(4) Places in which goods are produced and (10) Single-family dwellings,two-family dwell-
sold at retail upon the premises. ings,townhouses or multiple-family dwell-
(5) Vocational and trade schools not involving ings;provided,however,there shall not be
operations of an industrial nature. more than 15 dwelling units per net res
idential acre and such dwellings shall not
(6) Commercial establishments which sell, be permitted on property along the AlA
dispense, serve or store alcoholic bever- Highway Corridor as depicted in exhibit
ages or which permit the consumption of "A," attached hereto and fully incorpo-
alcoholic beverages on their premises.Also rated herein by this reference.See require-
see section 110-332. ments in the R-2 district in division 3 of
L (7) Dry cleaning establishments using nonin- this article. These requirements apply to
residential construction in the C-1 dis-
flammable solvents and cleaning fluids, trict.
as determined by the fire chief.
(11) Commercial establishments for the stor-
(8) Retail stores using outside display areas, age or parking of recreational vehicles,
provided the following are met: trailers and trailerable items, provided it
a. The area of outside display shall not meets the following, as a minimum:
exceed in size one-third of the en- a. Minimum lot size of 10,000 square
closed area of the principal struc- feet.
ture.
b. Vehicle storage area must be ob-
b. The outside display area shall be scured from view by either walls,
considered the same as the floor area fences or hedges.
for the purpose of calculating offstreet
parking, setbacks and lot coverage. c. Walls, fences and hedges must com-
ply with all city rules and regula-
(9) New and used automobiles, major recre- tions and must be kept in good con-
ational equipment and mobile home sales dition so as to ensure obstruction
with accessory services, subject to the from view.
following: (12) Public utility equipment;uses and rights-
a. All outside areas where merchan- of-way essential to serve the neighbor-
dise is displayed shall be paved. 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
Loof' apart on the same street. restrictions of section 10-86 et seq.
Supp.No. 20 CD110:39
§ 110-334 CAPE CANAVERAL CODE
(14) Carwashes, including polishing, and sale b. Hotel and motel units containing
of related materials. provisions for cooking or light house-
(15) Vehicle rental facility, as provided in sec keeping, not less than 400 square
tion 110-556 of this Code. feet.
(16) Assisted living facilities, subject to the c. All other principal uses and strut
tures, 300 square feet.
requirements of section 110-488.
(Code 1981, § 637.51; Ord. No. 02-2003, § 2, (6) The maximum height of all buildings con-
3-4-03; Ord. No. 11-2006, § 2, 10-3-06; Ord. No. structed within the C-1 district shall be
17-2010, § 2, 11-16-10) 45 feet.
(Code 1981, § 637.55; Ord. No. 18-96, § 1, 9-3-96;
Sec. 110-335. Prohibited uses and structures. Ord. No. 24-2006, § 2, 1-2-07)
In the C-1 low density commercial district, the Sec. 110-337. Minimum setbacks.
following uses and structures are prohibited:
(1) All uses not specifically or provisionally (a) In the C-1 low density commercial district,
permitted in this division. the minimum setbacks required shall be as fol-
lows:
(2) Any use which fails to meet performance
standards specifications as provided in (1) Front, 25 feet. (See subsection (b) of this
section 110-466. section.)
(3) Bottle clubs. (2) Side (interior lot line), zero feet; 25 feet
(Code 1981, § 637.53) when abutting a residential district.
(3) Side (corner lot line), 25 feet.
Sec. 110-336. Area and dimensions.
(4) Rear, ten feet; 25 feet when abutting a
In the C-1 low density commercial district, the residential district.
following areas and dimensions shall be required:
(5) Public or private street, 25 feet.
(1) Minimum lot area shall be as follows:
a. Service stations, 12,000 square feet. (b) See section 110-536 for special setbacks.
(Code 1981, § 637.55)
b. All other principal uses and struc-
tures, 5,000 square feet, and, in ad- Sec. 110-338. Landscaping, screening and
dition, the ratio of gross floor area to parking.
lot area shall not exceed 1.5:1.0.
(2) Minimum lot width shall be as follows: In the C-1 low density commercial district,
landscaping, screening and parking shall be pro-
a. Service stations, hotels and motels, vided pursuant to article IX of this chapter per-
100 feet. taming to supplementary district regulations.
b. All other principal uses and struc- (Code 1981, § 637.57)
tures, 50 feet.
Sec. 110-339. Offstreet parking and access.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 50 per- In the C-1 low density commercial district,
cent. offstreet parking and access to a public or private
street shall be provided in accordance with sec-
(5) Minimum living or floor area shall be as tion 110-466.
follows: (Code 1981, § 637.59)
a. Hotels and motels, 300 square feet
per rental unit. Secs. 110-340-110-350. Reserved.
Supp. No. 20 CD110:40
ZONING § 110-352
L
DIVISION 6. M-1 LIGHT INDUSTRIAL AND g. Jewelry, silverware, plated ware.
RESEARCH AND DEVELOPMENT h. Musical instruments and parts.
DISTRICT*
i. Toys,amusements,sporting and ath-
Sec. 110-351. Intent. letic goods.
j. Radio,TV,phonograph and electron-
The requirements for the M-1 light industrial ics instruments and parts.
and research and development district are in-
tended to apply to an area located in close prox- k. Pens, pencils and other office and
imity to transportation facilities and which can artist materials.
serve light manufacturing, research and develop- 1. Costume jewelry, costume novelties,
ment,distribution and other industrial functions. buttons and notions.
Restrictions in this division are intended to min- m. Other similar uses.
imize adverse influences of the industrial activi-
ties. All principal uses permitted in this zone (4) Ministorage and storage garages.
shall be contained in an enclosed structure. (5) Paint and body shops.
(Code 1981, § 638.01; Ord. No. 01-2007, § 3,
2-20-07) (6) Motor vehicle repair shops.
(7) Adult entertainment establishments and
Sec. 110-352. Principal uses and structures. 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- a. Definitions. Where applicable,words
tures are permitted, provided any use or group of or phrases used in this subsection(7)
uses that are developed, either separately or, if shall be defined according to chapter
developed as a unit with certain site improve- 10, article IV of the Cape Canaveral
ments, shared in common, meet requirements of City Code.
article IX of this chapter: b. Prohibited locations. Notwithstand-
(1) General offices, studios, clinics, laborato- ing any other provision of the zoning
ries, data processing 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
c. Surgical, medical and dental instru on the city's comprehensive plan fu
ments and supplies. ture land use map. No person shall
cause or permit the establishment of
d. Ophthalmic goods. an adult entertainment establish-
e. Watches, clocks, clockwork-operated ment or sexually oriented business
devices and parts. within 2,500 feet of an educational
institution. No person shall cause or
f. Photographic equipment and sup
permit the establishment of a public
plies. park, public library, residential land
‘111111111110e *Cross reference—Sign regulations in the M-1 light use, or religious institution within
industrial and research and development district, §94-99. 1,000 feet, or an educational institu-
Supp.No. 20 CD110:41
§ 110-352 CAPE CANAVERAL CODE
tion within 2,500 feet, of an existing cil, may grant a variance, with or
adult entertainment establishment without conditions and additional
or sexually oriented business. This safeguards, to the distance require-
provision shall also apply to adult ments of subparagraph b. above if it
entertainment establishments, sex- finds:
ually oriented businesses, religious 1. That the proposed use will not
institutions, public parks, public Ji-
be contrary to the public inter-
braries,educational institutions and est, detrimental to the public
areas zoned or designated on a Corn-
welfare, or injurious to nearby
prehensive Plan for residential use properties, and that the spirit
that lie outside of the city. and intent of the zoning ordi-
c. Permissible locations. Notwithstand- nance will be observed;
ing any other provisions of the zon 2. That all applicable provisions
ing ordinance of the city,except those of this subsection and the city
contained in subparagraph b., pro-
hibited locations, above, adult enter sexually oriented business and
tainment establishments and sexu-
ally
adult entertainment establish
ally oriented businesses shall only ment code will be observed;
be allowed in the M-1 zoning dis- 3. That the proposed use will not
trict. be contrary to any adopted land
d. Measurement of distance. The dis- use plan;
tance between any two adult enter- 4 That special conditions and cir-
tainment establishments or sexually cumstances exist which are pe-
oriented businesses shall be mea- culiar to the land, building or
\ftir)
sured in a straight line, without re- proposed business which are not
gard to intervening structures, from generally applicable to other
the closest exterior structural wall of lands,buildings,or adult enter-
each such establishment. The dis- tainment or sexually oriented
tance between any adult entertain- businesses.
ment establishment or sexually ori-
ented business and any residentially 5. That the variance is the mini
zoned or designated land, religious mum variance that will make
institution, public park, public li-
brary or educational institution shall the subject land and building
be measured in a straight line,with for the intended purpose; and
out regard to intervening structures, 6. That the variance does not con-
from the closest exterior structural fer upon the applicant any spe-
wall of the adult entertainment es- cial privilege.
tablishment or sexually oriented busi-
ness to the nearest boundary of the (8) Vocational schools and colleges.
area zoned or designated on the corn-
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
f. Variance. Upon written application any pre-existing residential use or
duly filed with the city,the city coun- property designated residential on
Supp. No. 20 CD110:42
ZONING § 110-354
the city's comprehensive plan future (b) The board of adjustment may adjust set-
land use map and/or official zoning backs and provisions of section 110-566 as deemed
map; necessary and appropriate in granting a special
exception.
c. The distance shall be measured as
the shortest linear distance between (c) Special exceptions may be granted for the
the property line of the proposed following:
fireworks sales facility and any pre- (1) Outside storage, as provided in section
existing fireworks sales facilities or 110-566.
any pre-existing residential use or
property designated residential on (2) Freight handling facilities; transporta-
the city's comprehensive plan future tion terminals.
land use map and/or official zoning (3) Temporary security facilities, subject to
map. annual review.
(10) Breweries, with or without tasting rooms (4) Service stations, subject to the provisions
and associated retail sales. designated in division 5 of this article for
(Code 1981, § 638.03; Ord. No. 1-96, § 1, 1-30-96; the C-1 district.
Ord. No. 17-96, § 4, 10-1-96; Ord. No. 5-99, § 1, (5) Veterinary hospitals and clinics, subject
9-7-99; Ord. No. 02-2004, § 2, 3-2-04; Ord. No. to the provisions designated in division 5
08-2004, § 2, 5-4-04; Ord. No. 13-2004, § 4, 7-20- of this article for the C-1 district.
04; Ord. No. 03-2011, § 2, 5-17-11) (6) Recycling activities for the collection of
nonhazardous materials,provided that all
‘11iNW' Sec. 110-353. Accessory uses and structures. storage of such materials shall be in ap-
proved structures, containers or trailers.
In the M-1 light industrial and research and (7) Radio and TV studios.
development district, accessory uses and struc-
tures shall be permitted as follows: (8) Shopping centers, provided the shopping
center is on a minimum ten-acre plot and
(1) Retail sales of products manufactured upon has a minimum of 75,000 square feet of
the premises. interior space under the roof.All shopping
centers shall be built in conformance with
(2) Customary accessory uses of one or more the criteria for the classification of shop-
of the principal uses, clearly incidental ping centers as set forth in the building
and subordinate to the principal use, in code adopted in section 82-31.
keeping with the light industrial and re-
search and development character of the (9) Public utility equipment;uses and rights-
district. of-way essential to serve the neighbor-
(Code 1981, § 638.05) hood in which it is located.
(10) Permanent security living facilities, sub-
Sec. 110-354. Special exceptions permissi- ject to an annual review and the follow
ble by board of adjustment. ing:
a. Maximum size not to exceed 800
(a) In the M-1 light industrial and research square feet.
and development district, after public notice and b. Security personnel only; no children
hearing, the board of adjustment may permit allowed.
special exceptions which are compatible to per-
mitted uses and which are able to meet the c. Facility to be used exclusively for
Lime minimum requirements and performance stan security purposes.
dards as set forth in this zoning district. (11) Restaurants.
Supp.No.20 CD110:42.1
§ 110-354 CAPE CANAVERAL CODE
J
(12) Public buildings. Sec. 110-356. Area and dimensions.
(13) Telecommunications towers,subject to the In the M-1 light industrial and research and
provisions of section 110-482. development district, the area and dimensions
shall be as follows:
(14) Conveyor systems for purposes of moving
aggregate and other materials, subject to (1) Minimum lot area shall be 10,000 square
the following: feet.
a. Conveyor systems must be connected (2) Minimum lot width shall be 75 feet.
and adjacent to Port Canaveral. (3) Minimum lot depth shall be 100 feet.
b. Conveyor systems crossing the set- (4) Maximum lot coverage shall be 50 per-
back must be constructed in a north- cent.
south direction,perpendicular to Port (5) Minimum floor area shall be 300 square
Canaveral. feet.
c. Conveyor systems must be com- (6) The maximum height of all buildings con-
pletely enclosed where located within structed within the M-1 zoning district
a setback. shall be 45 feet.
d. Conveyor systems shall not exceed (Code 1981, § 638.11; Ord. No. 18-96, § 2, 9-3-96)
30 feet in height,where located within
a setback. Sec. 110-357. Minimum setbacks.
e. Conveyor systems in the setbacks (a) In the M-1 light industrial and research
shall not be located within 750 feet and development district, the minimum setbacks
from any other existing or approved required shall be as follows:
J
conveyor system(s). This measure- (1) Front, 25 feet. (See subsection (b) of this
ment shall be drawn as a straight section.)
line connecting the conveyor sys-
tems. (2) Side (interior lot line), 15 feet, except
(Code 1981, §638.07;Ord. No. 13-95, § 1,9-19-95; where industrial property abuts a residen-
Ord. No. 1-96, § 3, 1-30-97; Ord. No. 8-97, § 1, tial district, in which case the minimum
9-2-97; Ord. No. 16-2005, § 2, 10-4-05; Ord. No. side interior lot shall be 25 feet.
01-2007, § 2, 2-20-07) (3) Side (corner lot line), 25 feet.
Cross reference—Adult entertainment, § 10-86 et seq.
(4) Rear, 15 feet, except where industrial
Sec. 110-355. Prohibited uses and structures. property abuts a residential district, in
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 struc- (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.
In the M-1 light industrial and research and
(2) Any use deemed objectionable by the stan- development district, landscaping, screening and
dards established in section 110-466 et parking shall be as provided in article IX of this
seq. chapter.
(Code 1981, § 638.09) (Code 1981, § 638.13)
Supp. No. 20 CD110:42.2
ZONING § 110-359
Sec. 110-359. Performance standards.
In the M-1 light industrial and research and
development district,performance standards shall
be as provided in section 110-466 et seq.
(Code 1981, § 638.15)
L
Loof
Supp.No. 20 CD110:42.3
3
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3
3
ZONING § 110-486
‘111110f
up, shall be located within the residence used by owners for purposes of declaring
served. The location shall be approved by their intent under this subsection. A
the building official. $100.00 filing fee per existing unit and a
(10) One side setback on the property shall $100.00 filing fee for a preliminary non
remain open space in accordance with conforming certificate is also hereby es
this Code. tablished and required to be paid by the
(Ord. No. 15-2005, § 2, 9-20-05) owner at the time of filing the notice of
intent. If the owner fails to timely file a
Sec. 110-485. Liquefied petroleum gas. notice of intent within the 30 day time
period for a particular dwelling or condo-
The tank capacity for storage of liquefied pe- minium unit, the owner shall be barred
troleum gas for distribution purposes shall not from claiming nonconforming status un-
exceed 1,000 total gallons per lot of record. To the der this section for said unit.
extent that this section conflicts with a more
restrictive provision of any applicable fire safety (2) Except as provided in subsection (b)(5),
code or law,the more restrictive code or law shall within one year of filing the notice of
apply.For purposes of this section,the term"lot of intent required by subsection (b)(1), the
record" shall have the same meaning set forth in owner shall have obtained the requisite
section 110-1 and shall also include a combination license from the Florida Department of
of contiguous lots of record that are either under Business and Professional Regulation and
single ownership, unified in title, or used for certificate of occupancy from the building
common development purposes. official for the subject dwelling or condo-
(Ord. No. 01-2007, § 2, 2-20-07) minium unit. Proof of the requisite
Liroi
licensure and certificate of occupancy shall
Sec. 110-486. Resort dwellings;resort condo- be submitted to the city manager within
miniums; nonconforming use the one-year time period, and upon re-
status, expiration. ceipt and verification of the same,the city
manager shall issue, and record in the
(a) Resort dwellings and resort condominiums official public records of Brevard County,
that are not located within a C-1 zoning district Florida, a certificate of nonconforming
shall be deemed a nonconforming use subject to status to the owner for the subject dwell-
the provisions of chapter 110, article V, ing or condominium unit. If the owner
Nonconformities, of this Code, provided said re- fails to provide proof of the license and
sort dwelling or condominium is declared existing certificate of occupancy within the one-
in accordance [with] the terms and conditions set year time period required by this subsec-
forth in this section. tion,the owner shall be barred from claim-
(b) In order to be declared existing under this ing nonconforming status under this section
section,the owner of the resort dwelling or resort even though a notice of intent was filed
condominium shall timely obtain a certificate of under subsection (b)(1).
nonconforming status from the city manager as (3) Proof of the requisite certificate of occu-
follows: pancy shall require the owner to satisfac-
(1) The owner shall file a written notice of torily demonstrate to the building official
intent with the city manager within 30 compliance with all applicable building
days of June 19,2007,which declares and codes and to also satisfactorily demon-
registers the owner's intent to duly li- strate to the fire chief compliance with all
cense an existing dwelling unit or condo- applicable fire codes. In furtherance of
minium unit as a resort dwelling or resort this requirement, the owner shall be re-
condominium in accordance with applica- quired to file with the building official and
Lio'" ble provisions of F.S. ch. 509. The city fire chief a life safety plan for the subject
manager shall promulgate a form to be dwelling or condominium unit within 30
Supp.No. 20 CD110:66.1
§ 110-486 CAPE CANAVERAL CODE
days following the filing of the notice of owner shall have one year from June
intent required under subsection (b)(1), 19,2007,to obtain site plan approval
unless filing of the life safety plan is to construct the dwelling unit(s) or
otherwise required by state law. Such condominium unit(s);
plan shall contain the information deemed (ii) At the time the dwelling or condo-
necessary by the building official and fire minium unit receives an initial cer-
chief in order to determine compliance tificate of occupancy from the build-
with the applicable building and fire codes. ing official, the unit shall meet the
Upon acceptance of the life safety plan by building and fire code standards ap-
the building official and fire chief, the plicable to resort dwellings or resort
owner shall have 90 days in which to file condominiums; and
detailed plans and specifications covering (iii) Within 60 days of receiving a certif-
all repairs and improvements required to icate of occupancy for a resort dwell-
demonstrate compliance with all applica- ing or resort condominium unit, the
ble building and fire codes,unless filing of owner shall be required to obtain the
the plans and specifications is otherwise requisite license from the Florida
required by state law. Department of Business and Profes-
sional Regulation for said unit and
(4) The one-year time period may be ex-
shall obtain a final certificate of non-
tended by the building official or fire chief conforming status.
for good cause shown, provided that the If the owner constructs the units and
owner has demonstrated a good faith of fails to meet the aforementioned con-
fort to comply with the provisions of this ditions, the owner shall be barred
section and the owner has not unlawfully from claiming nonconforming status
used the subject unit in violation of this under this section even though a
section after June 19, 2007. preliminary certificate of nonconform-
(5) A preliminary certificate of nonconform- ing status was issued.
ing status for a resort dwelling or resort (c) All resort dwellings and resort condomini-
condominium shall be issued for a dwell- urns deemed nonconforming pursuant to this sec-
ing unit that has not yet been con- tion shall remain licensed at all times by the
structed, provided a site plan application Division of Hotels and Restaurants of the Florida
for the construction of the dwelling unit Department of Business and Professional Regu-
has been approved by, or filed with, the lation. Should said license be revoked for any
city by June 19, 2007, and pursuant to reason, or otherwise lapse or expire, the resort
subsection (b)(1), the owner has timely dwelling or resort condominium shall not be per-
filed a notice of intent with the city man- mitted to operate as a resort dwelling or resort
ager which declares and registers the condominium until said license is renewed or
owner's intent to duly license the pro- restored. Should any nonconforming resort dwell-
posed dwelling unit or condominium unit ing or resort condominium license lapse for more
as a resort dwelling or resort condomin- than 180 days, said resort dwelling or resort
ium in accordance with applicable provi- condominium shall be considered abandoned pur-
sions of F.S. ch. 509, when the unit is suant to section 110-197 of this Code, and shall
constructed. However, upon issuance of a lose its nonconforming status.
preliminary certificate of nonconforming (d) Any resort dwelling or resort condominium
status, the owner shall be required to deemed nonconforming pursuant to this section
comply with the following additional con- shall lose its nonconforming status if any one of
ditions in order to receive a final certifi- the following occurs:
tate of nonconforming status: (1) The resort dwelling or resort condomin-
(i) If a site plan was filed, but not yet ium use is abandoned pursuant to section
approved, before June 19, 2007, the 110-197 of this Code;
Supp.No. 20 CD110:66.2
ZONING § 110-488
‘111111111
(2) The resort dwelling or resort condomin- districts subject to the general conditions for
ium unit has been repeatedly found to be special exceptions and the following minimum
in violation of applicable building, fire requirements:
and zoning code requirements on more
than three separate occasions within the (a) Front, side and rear setbacks shall be a
previous three-year period commencing minimum of 25 feet; setbacks from adja
mini-
on the date that the most recent violation cent residential lot lines shall be a
was cited.For purposes of this subsection, mum of 50 feet.
the term violation shall include those vi- (b) Minimum lot area shall be five acres.
olations declared by the state or the city
or a combination of violations declared by (c) Each assisted living facility unit shall
the state and city. contain minimum living area of 400 square
feet for single bed units and 700 square
(e) It shall be unlawful for an owner to operate feet for double bed units.
a resort dwelling or resort condominium in a
zoning district other than C-1 (low density com (d) Loading docks and dumpster areas shall
mercial district) unless the owner has obtained a conform to the following:
certificate of nonconforming status under this (1) Loading docks and dumpster areas
section.In furtherance of the public health,safety shall be directed away from any res-
and welfare of the public that occupy resort dwell- idential development adjacent to the
ings and resort condominiums, the city manager assisted living facility.
is hereby authorized to take whatever lawful (2) Dumpsters shall be visually screened
steps are necessary, with the assistance of the from public view from an adjacent
Lore building official and fire chief, to require that the public right-of-way or residential de
operation of a resort dwelling or resort condomin- velopment by fully enclosed screen-
ium within the city is in compliance with the city's ing that is a minimum of six feet in
zoning and certificate of occupancy requirements. height, measured above finished
Said steps may include, but are not limited to, grade.
seeking injunctive relief in a court of competent
jurisdiction. (3) Each enclosure shall include a deco-
(Ord. No. 04-2007, § 2, 6-19-07; Ord. No. 02-2011, rative opaque gate that is a mini-
§ 2, 5-17-11) mum of six feet in height, measured
Editor's note—Ord. No. 04-2007, § 2, adopted June 19, above finished grade.
2007,added§§110-485 and 110-486 to the Code.Inasmuch as
§ 110-485 already existed, the new provisions have been (4) Each dumpster enclosure shall be
redesignated as§§110-486 and 110-487 at the editor's discre- constructed as one of the following:
tion and with the approval of the city. (A) A masonry wall at a minimum
Sec. 110-487. Rental restrictions on dwell- of six feet in height, measured
from finished grade. The ma-
ing units. sonry wall shall be decoratively
It shall be unlawful for any person to rent a finished concrete masonry unit,
dwelling unit for less than seven consecutive days brick, stucco, pre-cast panels,
in any zoning district, excluding hotels, motels split-face block or other mate-
under subsection 110-332(4)and resort condomin- rial matching the exterior of
iums in the C-1 zoning district. the principal building.
(Ord. No. 04-2007, § 2, 6-19-07) (B) A combination of fencing and
Editor's note—See the editor's note following§ 110-486 landscape buffer. Fencing shall
Sec. 110-488. Assisted living facilities. be fabricated from aluminum,
wrought iron, vinyl, brick, or
‘liere 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. 20 CD110:66.3
§ 110-488 CAPE CANAVERAL CODE
J
imum of five(5)feet in width,a (2) Churches, temples or places of worship.
minimum of three feet in height, One space for each four seats or seating
50 percent opaque at planting places or one space for each 125 square
and capable of attaining a height feet of floor area of the main assembly
of six feet and 75 percent hall, whichever is greater.
opaqueness within 24 months. (3) Hospitals. Two spaces for each patient
(5) The dumpster shall be located so as bed plus one space for each employee on
to facilitate pickup by solid waste the largest work shift.
collection agencies.
(4) Libraries, museums. Offstreet parking
(6) The dumpster enclosure shall not be spaces equal in area to 50 percent of the
placed in drainage flow areas. floor area open to the public.
(7) Adequate reinforced paved areas shall (5) Manufacturing and industrial uses. One
be provided for the dumpster and space for each employee on the largest
their approaches for loading and un- work shift.
loading.
(8) No part of a dumpster or materials (6) Medical or dental clinics. Three spaces for
stored within the screen area shall each examination or treatment room plus
extend above the dumpster enclo-
one space for each employee.
enclo-
sure. (7) Mortuaries. One space for each five seats
(9) Chain link, painted or unpainted or seating places,exclusive of areas needed
block walls, barbed wire and wood for ambulances.
are prohibited as part of a dumpster (8) Nursing or convalescent homes and sani-
enclosure. tariums. One space for each four patient j
(Ord. No. 17-2010, § 2, 11-16-10) beds plus one space for each employee on
the largest work shift.
Secs. 110-489, 110-490. Reserved. (9) Commercial,office and professional build-
ings, excluding medical and dental clin-
DIVISION 2. OFFSTREET PARKING* ics. One space for each 300 square feet of
gross floor area.
Sec. 110-491. Number of spaces required. (10) Public buildings. One space for each five
There shall be provided at the time of the seats or seating places or one space for
erection or change of use of any main building or every 150 square feet of floor area in the
structure or at the time any main building or main assembly room,whichever is greater.
structure is enlarged or increased in capacity, by (11) Residential uses, including single-family,
adding dwelling units, guestrooms, floor area or two-family and multiple-family dwellings
seats,minimum offstreet automobile parking space and mobile homes. Two spaces for each
with adequate provisions for ingress or egress in living unit.
accordance with the following:
(1) Auditoriums, theatres, clubs, lodges, res- (12) Colleges, technical and vocational schools.
One space for each student and faculty
taurants and other places of assembly. member.
One space for each three seats or seating
places or one space for every 100 square (13) Hotels and motels. One space for each
feet of floor area of the main assembly sleeping unit plus one space for 12 sleep-
hall, whichever is greater. ing units for employee parking.
*Cross references—Requirements for landscape appear- (14) Assisted living facilities. One space for
ance and maintenance,§34-99;buildings and building regu- each employee on the largest working
lations,ch.82. shift plus two spaces for every three units.
Supp.No. 20 CD110:66.4
ZONING § 110-493
LI10,
(15) All other uses. To be determined by the (2) The maximum number of points of access
building official, who shall use the ratios permitted onto any one street shall be as
established in this section as a standard follows:
for determining the requirements.
(Code 1981, § 641.01(A); Ord. No. 17-2010, § 2, Lot Width Number of Points
11-16-10) Abutting Street of Access
Sec. 110-492. Location of spaces. Less than 125 feet 1
Over 125 feet 2
(a) Parking spaces for all residential uses shall
be located on the same property as the main provided; however, that a residential lot
building, except that one-half the total number of of less than 125 feet may have a circle
required spaces for multiple-family dwellings,town- driveway with two points of access pro-
houses and mobile homes may be located in a vided that it comply with the other terms
common parking facility not more than 200 feet and conditions of this section.
distant from the nearest boundary of the site.
(3) Joint use access between abutting proper-
(b) Parking spaces for other uses shall be pro-
ties is encouraged and there may be per-
vided on the same lot or not more than 500 feet mitted a single joint use point of access up
distant. to 35 feet in width. Service stations shall
(c) Parking requirements for two or more uses be permitted two openings not to exceed
of the same or different types may be satisfied by 35 feet each in width along any abutting
the allocation of the required number of spaces for public street, provided that such property
each use in a common parking facility. abuts such street for a distance of not less
Lire (d) Required offstreet parking areas for seven than 120 feet.
or more automobiles shall have individual spaces (4) There shall be a minimum distance of 30
marked and shall be so designed,maintained and feet between any two openings onto the
regulated that no parking or maneuvering shall
be on any landscaped buffer,public street,walk or same street.
alley and so that any automobile may be parked (5) No point of access shall be allowed within
and unparked without moving another, allowing, 30 feet of the intersection of the right-of-
however,a driveway of not more than 24 feet total way lines of any public street.
on any street or alley for ingress or egress to the
offstreet parking area. (6) No curbs shall be cut or altered and no
(e) Parking spaces, access drives and aisles, point of access or opening for vehicles onto
and dumpster areas are permitted within set- a public street shall be established with
backs. out a permit issued by the building de-
(Code 1981, § 641.01(B); Ord. No. 04-2011, § 2, partment.
6-21-11)
(7) In lieu of any two openings permitted on
Sec. 110-493. Access. any one street, there may be permitted a
single point of access up to 35 feet in
(a) In order to promote the safety of the motor- width when the property frontage is in
ist and the pedestrian and to minimize traffic excess of 200 feet.
congestion and conflict by reducing the magni-
tude of and the points of contact, the following (b) Projects for which a site plan is required,
shall apply: such as plaza developments, compound uses and
(1) A point of access (a driveway or other shopping centers, shall be considered on an indi-
opening for vehicles onto a public street) vidual basis and may deviate from this section in
Lie shall not exceed 24 feet in width, except the interest of traffic safety, upon recommenda-
tion otherwise provided in this division. tion by the planning and zoning board.
Supp.No. 20 CD110:66.5
§ 110-493 CAPE CANAVERAL CODE
J
(c) One-family, two-family and three-family DIVISION 4. HOME OCCUPATIONS*
dwelling units shall be exempt from this section.
(Code 1981,§641.01(C);Ord.No.3-96,§ 1,3-5-96; Sec. 110-521. Permitted home occupations.
Ord. No. 26-96, § 1, 1-14-97)
Customary home occupations which are inci-
Secs. 110-494-110-505. Reserved. dental to the permitted residential use shall be
allowed in any district which permits home occu-
pations.
DIVISION 3. OFFSTREET LOADING (Code 1981, § 641.07)
Sec. 110-506. Requirements. Sec. 110-522. Requirements.
(a) Every permitted use requiring the receipt (a) Home occupations are permitted within the
or distribution by vehicles of materials or mer- confines of any dwelling unit,provided all restric-
chandise and having a floor area of 10,000 square tions of this section are complied with.
feet or more shall have at least one permanently
maintained offstreet loading space for each 10,000 (b) The primary use of the building shall re-
square feet or fraction thereof of gross floor area. main residential, and the operator of the home
(b) Single-occupancy retail operations, whole occupation shall remain a resident thereof.
sale operations and industrial operations with a (c) No structural additions, enlargements or
gross floor area of less than 10,000 square feet exterior alterations changing the residential ap-
shall provide sufficient receiving space on the pearance to a business or commercial appearance
property so as not to hinder the movement of shall be permitted.
vehicles and pedestrians over a sidewalk, street
or alley. (d) No home occupation shall occupy an area
J
(Code 1981, § 641.03(A)) greater than 25 percent of the first floor area of
the dwelling unit, exclusive of the area of any
Sec. 110-507. Location and dimensions of open porch or attached garage or similar space
space. not suited or intended for occupancy as living
quarters. No rooms which have been constructed
Each offstreet loading space shall have direct as an addition to the residence or any attached
access to an alley or street and shall have the garage or porch which has been converted into
following minimum dimensions: living quarters shall be considered as floor area
(1) Length, 45 feet. until two years after the date of completion thereof.
(2) Width, 12 feet. (e) No additional and separate entrance incon-
(3) Height, 14 feet. gruent with the residential structural design shall
(Code 1981, § 641.03(B)) be constructed for the purpose of conducting the
home occupation.
Secs. 110-508-110-520. Reserved. (f) The home occupation shall be conducted
entirely within the dwelling unit used as the
residence.
(g) For single-family,duplex or townhouse struc-
tures, no display of goods or external evidence of
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
*Cross reference—Occupational license tax, § 70-66 et
seq.
Supp. No. 20 CD110:66.6
ZONING § 110-537
a position not more than two feet distant from the DIVISION 5. SETBACKS
main entrance of the dwelling unit concerned.For
structures housing multifamily or mixed uses,no Sec. 110-536. Building setback lines.
external evidence of the home occupation shall be (a) The following shall be the minimum build
permitted. ing setback lines along the listed roads:
(h) No provision for offstreet parking or load- (1) Highway A1A (portions known as North
ing facilities, other than the requirements of the Atlantic Avenue and Astronaut Boule
district in which the use is located, shall be yard). Setback, each side, from the north-
permitted. Occupations which generate greater ern city boundary to the southern city
volumes of traffic than would normally be ex- boundary shall be 50 feet from the high-
pected in a residential neighborhood are prohib- way right-of-way.
ited. (2) North Atlantic Avenue (that portion of
North Atlantic Avenue also known as Palm
(i) No stock in trade or commodities, other Avenue and S.R. 401). Setback, each side,
than those prepared, produced or created on the from its intersection with Monroe Avenue
premises by the operator of the home occupation, to the northern city boundary shall be 50
shall be kept or sold on the premises. feet from the right-of-way.
(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
comply with the coastal construction setback. See
(k) No equipment or process shall be used in a section 82-81 et seq.
home occupation which creates noise, vibration,
glare, fumes or odors, detectable to the normal (c) In determining the setback requirements
senses off the lot. No equipment or process shall for any building proposed to be erected, the set-
be used which creates visual or audible interfer- back requirements in this section shall be con-
ence in any radio or television receiver or causes strued as a minimum setback, and if a greater
fluctuation in line voltage outside the dwelling setback is required under any of the zoning dis-
unit. No home occupation shall interfere with the tricts such greater setback requirements shall be
reasonable enjoyment of adjoining or nearby dwell- enforced.
ing units or properties. (Code 1981, § 641.17)
(Code 1981, § 641.09) Cross reference—Building code,§82-31 et seq.
Sec. 110-537. Erection of more than one prin-
Sec. 110-523. Local business tax receipt re- cipal structure on lot.
quired.
(a) In any district, except R-1, more than one
structure housing a permitted or permissible prin-
Permitted home occupations shall comply with cipal use may be erected on a single lot, provided
the city local business tax levied pursuant to that this division and other requirements of this
section 70-66 et seq. chapter shall be met for each structure.
(Code 1981, § 641.11; Ord. No. 02-2007, § 9,
2-20-07) (b) The distance between buildings shall be as
follows:
(1) Twenty feet for first two stories;
Secs. 110-524-110-535. Reserved. (2) Twenty-five feet for first three stories;
Supp.No. 20 CD110:66.7
§ 110-537 CAPE CANAVERAL CODE
(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,
9-20-05; Ord. No. 16-2005, § 2, 10-4-05; Ord. No.
Every part of every required setback shall be 04-2011, § 2, 6-21-11)
open and unobstructed from the ground to the
sky,except as follows or as otherwise permitted in Secs. 110-539-110-550. Reserved.
this chapter:
(1) Sills or belt courses may project not over
18 inches into a required setback.
(2) Movable awnings may project not over
three feet into a required setback.
(3) Chimneys,fireplaces or pilasters may proj-
ect not over two feet into a required set-
back.
(4) Fire escapes,stairways and balconies which
are unroofed and unenclosed may project
not over five feet into a required rear
setback or not over three feet into a side
setback and shall not project into a re-
quired front setback of a multiple dwell-
ing, hotel or motel.
(5) Hoods, canopies or marquees may project
not over three feet into a required set-
back.
(6) Fences,walls and hedges shall be permit-
ted in the required setback,subject to this
chapter.
(7) Open,enclosed porches,platforms or paved
terraces not covered by a roof or a canopy
and which do not extend above the level of
the first floor of the building may extend
or project into the required setback.
(8) Signs for on-site advertising shall be in
conformance with chapter 94 pertaining
to signs.
(9) Roof overhangs (eaves) may project not
over two feet into a required setback.
(10) Air conditioner units may project not over
five feet into a required rear setback.
(11) Emergency pad-mounted generators as
provided for in section 110-484.
Supp. No. 20 CD110:66.8
L
APPENDIX A
FRANCHISES
Article I. Cable Television Franchise
Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Legislative findings.
Sec. 4. Grant of non-exclusive franchise.
Sec. 5. Compliance with applicable laws and regulations.
Sec. 6. Territorial area involved.
Sec. 7. Liability and indemnity provision.
Sec. 8. System upgrade.
Sec. 9. Customer service standards.
Sec. 10. Emergency use of facilities by city.
Sec. 11. Other business activities.
Sec. 12. Safety requirements.
Sec. 13. Conditions of street occupancy.
Sec. 14. Preferential or discriminatory practices prohibited.
Sec. 15. Removal of facilities upon request.
Sec. 16. Restrictions on assignment,transfer,sale and subleasing.
Sec. 17. Term of franchise.
Sec. 18. Rates to be charged by grantee.
Sec. 19. City rights in franchise.
Sec. 20. Maps and additional reports to be filed by grantee.
Sec. 21. Payment to the city.
‘11111,1 Sec. 22. Forfeiture of franchise.
Sec. 23. City's rights of intervention.
Sec. 24. Erection,removal, and common user job poles.
Sec. 25. Re-regulation.
Sec. 26. Basic service.
Sec. 27. Quality of service.
Sec. 28. Public service.
Sec. 29. Severability.
Article II. Electric
Sec. 1. Grant of electric utility franchise:term of franchise.
Sec. 2. Facilities requirements.
Sec. 3. Indemnification.
Sec. 4. Rates,rules and regulations of grantee.
Sec. 5. Franchise fee.
Sec. 6. Most favored nations.
Sec. 7. Noncompetition by grantor.
Sec. 8. Competitive disadvantage: termination by grantee.
Sec. 9. Legislative or regulatory action.
Sec. 10. Default by grantee.
Sec. 11. Default by grantor.
Sec. 12. Grantor's right to audit.
Sec. 13. Renewable energy.
Sec. 14. Undergrounding of facilities.
Sec. 15. Smart grid technology.
Sec. 16 Infrastructure hardening.
Sec. 17. Preferential or discriminatory practices prohibited.
Sec. 18. No joint venture.
Sec. 19. Notices.
Sec. 20. ons.
Sec. 21. Headings:Captientire agreement;governing law.
Supp.No. 20 CDA:1
CAPE CANAVERAL CODE
Sec. 22. Grantor's rights of intervention.
Sec. 23. Jurisdiction and venue.
Sec. 24. Qualified severability.
Sec. 25. Definition of"person".
Sec. 26. Repeal of prior inconsistent ordinance, resolutions and agree-
ments.
Sec. 27. Incorporation into code.
Sec. 28. Effective date.
Article III. Gas Franchise Agreement
Sec. I. Recitals.
Sec. II. Short title.
Sec. III. Purpose and goals.
Sec. IV. Definitions.
Sec. V. Grant of franchise.
Sec. VI. Effective date of franchise;term.
Sec. VII. Franchise operation.
Sec. VIII. Transfer of ownership or control.
Sec. IX. Franchise fees.
Sec. X. Forfeiture or revocation.
Sec. XI. Liability and insurance.
Sec. XII. Indemnification and hold harmless.
Sec. XIII. Design and construction provisions.
Sec. XIV. Books and records available to city.
Sec. XV. Preferential or discriminatory practices prohibited.
Sec. XVI. Service standards.
Sec. XVII. Miscellaneous provisions.
Article IV. Telephone
J
Sec. 1. Definitions.
Sec. 2. Grant of permission.
Sec. 3. Compliance with applicable law and ordinances.
Sec. 4. Company liability: indemnification.
Sec. 5. Conditions on street occupancy.
Sec. 6. Transfer of rights granted herein.
Sec. 7. Fees paid by company.
Sec. 8. Inspection of records.
Sec. 9. Terms of rights granted.
Sec. 10. Limitations on obligations of city.
Sec. 11. Severability.
Article V. Water Franchise
3
Supp.No. 20 CDA:2
APPENDIX A—FRANCHISES §28
violation,the city,after a public hearing where all channel carriage or any other regulatory author-
interested parties may be heard, may suspend or ity to be exercised by the city, then and in that
revoke the franchise if it determines that such event this franchise shall allow such additional or
action is warranted.The grantee shall not be held other regulation to be undertaken by the city at
in default nor suffer any penalties where non- such time that it is legally permissible to do so.
compliance or default is caused by an event be- The city shall be entitled to pass an ordinance
yond the grantee's control.The grantee shall have supplementing this franchise ordinance imple-
the right to review by a court of competent juris- menting the rights then granted by law as above
diction upon any determination by the city of set forth. The city will notify the grantee 30 days
noncompliance. prior by certified mail of a proposed ordinance.
(Ord. No. 38-94, § 22, 11-1-94) (Ord. No. 38-94, § 25, 11-1-94)
Section 23. City's rights of intervention. Section 26. Basic service.
The grantee agrees not to oppose intervention
by the city if any suit or proceeding to which the Except as prohibited by law,the basic service to
grantee is a party,concerning or involving grantee be provided to the subscribers within the city
and the city's rights under this franchise. shall be not less than the basic service as is
(Ord. No. 38-94, § 23, 11-1-94) supplied to the other customers served by the
same system.
Section 24. Erection,removal, and common (Ord. No. 38-94, § 26, 11-1-94)
user job poles.
a. No poles or other wire holding structures Section 27. Quality of service.
shall be erected by the grantee without prior
approval of the city with regard to location,height, The grantee expressly undertakes and agrees
type,and any other pertinent aspect. However,no that it will at all times during the term hereof
location of any pole or wire holding structures of transmit signals of strength and quality, and use
the grantee shall be a vested interest and such such materials and components, as are necessary
to insure that grantee's subscribers will receive
poles or structures shall be removed or modified
by the grantee at its own expense whenever the throughout the term hereof a quality of cable
city determines that the public convenience so service in keeping with the prevailing highest
requires. standards of the cable industry.
(Ord. No. 38-94, § 27, 11-1-94)
b. Where poles or other wire holding struc-
tures already existing for use in serving the city
are available for use by the grantee, but it does Section 28. Public service.
not make arrangements for such use,the city may
require the grantee to use such poles and struc a. Grantee shall, when requested by the city,
tures if it determines that the public convenience provide a basic single cable service outlet,without
so requires and the terms of the use available to installation or monthly service charge,within the
the grantee are just and reasonable. city limits,and when its lines have been extended
(Ord. No. 38-94, § 24, 11-1-94) to within 125 feet of the following facilities: All
public, accredited educational K-12 private, and
accredited educational K-12 parochial schools,
Section 25. Re-regulation,
all public libraries, city-owned recreational build-
Grantee agrees that in the event that the ings, City Hall, sheriffs precinct in the city, city
Congress of the United States, Federal Commu- fire stations, and if economically feasible the
nications Commission, or any other appropriate public works buildings owned by the city and used
governmental agency, or by ruling of case law or by the city for municipal purposes. The subject
Lesie otherwise allows additional regulatory authority
regarding rates and fees, programming, basic installations will not include the distribution sys-
tems within the facilities.
Supp.No. 20 CDA:13
§28 CAPE CANAVERAL.CODE
V
b. Upon completion of the system upgrade ATTEST:
contemplated in section 8, the grantee, at the
city's option,shall designate a channel for govern- /s/ Faith G. Miller
mental use (hereafter referred to as government City Clerk
access channel), or provide up to 12 hours of air Approved as to Form:
time for governmental use per week. If required,
the government access channel will be provided, /s/ Patrick F. Healy
as technically possible, to the subscribers within City Attorney
the franchised area as part of the basic cable Accepted:
service offered by the grantee. Utilization of this
channel by the city shall be in accordance with all FLORIDA DIVISION
applicable federal, state and local laws and is in OF TIME WARNER
addition to grantee's obligation under the Act to CABLE, A DIVISION
carry qualified noncommercial educational televi- OF TIME WARNER
sion stations. The grantee is specifically not re- ENTERTAINMENT
quired to provide a government access channel COMPANY, L.P.
unless so requested by the city. Any segment of
the government access channel established for /s/ William H. Brown
the city shall be under sole control of the city.Any President
city programming must meet technical standards
of grantee.
ARTICLE II. ELECTRIC*
c. If technically feasible, the grantee, at the
city's option,may lease a channel within the cable AN ORDINANCE OF THE CITY COUNCIL OF
system for the transmission of voice, data, video THE CITY OF CAPE CANAVERAL, BREVARD
telemetry or other services between city facilities COUNTY, FLORIDA, GRANTING TO FLORIDA
served by the grantee. It will be the city's respon- POWER & LIGHT COMPANY, ITS SUCCES-
sibility to provide all equipment necessary to SORS AND ASSIGNS, AN ELECTRIC FRAN-
provide bandwidth management and signal prep- CHISE, IMPOSING PROVISIONS AND CONDI-
aration, transmission and reception. The grantee TIONS RELATING THERETO,PROVIDING FOR
reserves the right to set technical standards and MONTHLY PAYMENTS TO THE CITY;PROVID-
specifications for this equipment consistent with ING FOR THE REPEAL OF PRIOR INCONSIS-
maintaining adequate signal quality and protec- TENT ORDINANCES AND RESOLUTIONS,PRO-
tion of all signals in the system from interference. VIDING FOR QUALIFIED SEVERABILITY,
(Ord. No. 38-94, § 28, 11-1-94) PROVIDING FOR INCORPORATION INTO AP-
PENDIX "A" OF THE CITY CODE, AND PRO-
Section 29. Severability. VIDING FOR AN EFFECTIVE DATE.
If any section, subsection, sentence, clause, *Editor's note—This electric franchise,adopted by Ordi-
phrase, or portion of this ordinance is for any nance Number 05-2011 on August 16,2011,amends art.II in
reason held to be unconstitutional or invalid by its entirety and enacts similar provisions as set out herein.
any court of competent jurisdiction, such portion The former article II derived from Ord. No. 25-81, §§ 1-12,
shall be deemed a separate,distinct,and indepen- adopted Dec. 15, 1981.
dent provision and such holding shall not affect Amendments to the franchise are indicated by parenthet-
ical history notes following amended provisions. The absence
the validity of the remaining portions hereof. of a history note indicates that the provision remains un-
(Ord. No. 38-94, § 29, 11-1-94) changed from the original franchise.Obvious misspellings and
punctuation errors have been corrected without notation.For
Adopted by the City Council of the City of Cape
stylistic purposes, a uniform system of headings, catchlines,
Canaveral, Brevard County, Florida, this 1st day capitalization, citation to state statutes, and expression of
of November, 1994. numbers in text has been used to conform to the Code of
/S/ Joy C. Salamone Ordinances.Additions made for clarity are indicated by brack-
ets.
Mayor Cross reference—Public service tax, § 70-26 et seq. J
Supp. No. 20 CDA:14
APPENDIX A—FRANCHISES § 1
WHEREAS, the City Council is granted the from the City's agreement not to compete under
authority, under Section 2(b),Article VIII, of the Section 7 hereof, the extent of FPL's use of the
State Constitution, to exercise power for munici- City's public rights-of-way, and the value of other
pal purposes, except when expressly prohibited consideration as set forth in this Ordinance, and
by law; and
WHEREAS, the City Council of the City of
WHEREAS, Section 166.021(1) provides that Cape Canaveral deems it to be in the best interest
municipalities shall have the governmental, cor- of the City of Cape Canaveral and its citizens to
porate, and proprietary powers to enable them to enter into the New Franchise Agreement prior to
conduct municipal government, perform munici- expiration of the Current Franchise Agreement;
pal functions, and render municipal services, and
may exercise any power for municipal purposes NOW, THEREFORE, BE IT ORDAINED BY
except when expressly prohibited by law; and THE CITY COUNCIL OF THE CITY OF CAPE
WHEREAS, the City Council of the City of CANAVERAL, FLORIDA:
Cape Canaveral,Florida,recognizes that the City
of Cape Canaveral and its citizens need and Section 1. Grant of electric utility franchise:
desire the continued benefits of electric service; term of franchise.
and
WHEREAS, Florida Power & Light Company There is hereby granted to Florida Power &
(FPL) is a public utility which has the demon- Light Company, its successors and assigns (here-
strated ability to supply such services; and inafter called the "grantee"), for the period of 30
years from the effective date hereof, the
LireWHEREAS, on December 15, 1981, the City nonexclusive right, privilege and franchise (here
Council granted a 30-year franchise to Florida inafter called "franchise") to construct, operate
Power&Light Company(FPL)for the purpose of and maintain, in accordance with the National
supplying electricity to the City and for the other Electrical Safety Code to the extent applicable,in,
purposes stated therein; and under, upon, along, over and across the present
and future roads, streets, alleys,bridges,publicly
WHEREAS, there is currently in effect a fran- dedicated rights-of-way, applicable publicly dedi-
chise agreement between the City of Cape Canav- cated utility easements and other public places
eral and FPL, the terms of which are set forth in (hereinafter called "public rights-of-way") in the
City of Cape Canaveral Ordinance No. 25-81, City of Cape Canaveral, Florida, and its succes-
passed and adopted on December 15, 1981, and sors(hereinafter called the "grantor")throughout
FPUs written acceptance thereof dated December all of grantor's incorporated areas, as such incor-
28, 1981, granting to FPL, its successors and porated areas may be constituted from time to
assigns,a thirty(30)year electric franchise("Cur- time, in accordance with the grantee's customary
rent Franchise Agreement"); and practice with respect to construction and mainte-
WHEREAS, FPL and the City of Cape Canav- nance, electric light and power facilities, includ-
eral desire to enter into a new agreement (New ing, without limitation, conduits, poles, wires,
Franchise Agreement) providing for the payment transmission and distribution lines, and all other
of fees to the City of Cape Canaveral in exchange facilities installed in conjunction with or ancillary
for the nonexclusive right and privilege of supply- to all of the grantee's operations (hereinafter
ing electricity and other directly electric related called "facilities"), for the purpose of supplying
services within the City of Cape Canaveral free of electricity and other directly electric related ser
competition from the City of Cape Canaveral, vices to the grantor and its successors,the inhab
pursuant to certain terms and conditions, and itants thereof, and persons beyond the limits
thereof. This grant is intended to provide a fran-
WHEREAS, the City and FPL stipulate and chise to Grantee for the provision of electric and
(iimpoo, agree that the franchise fee identified herein is
reasonably related to the value that FPL receives directly electric related services, and is not in-
tended to be a grant or franchise for the place-
Supp.No. 20 CDA:15
§ 1 CAPE CANAVERAL CODE
J
ment or construction of gas lines or appurte- (c) Such rules and regulations shall recognize
nances thereto,or for fiber optics or appurtenances that above-grade facilities of the grantee installed
thereto. after the effective date hereof should, unless oth-
erwise permitted, be installed near the outer
Section 2. Facilities requirements. boundaries of the public rights-of-way to the ex-
tent possible and such installation shall be con-
(a) The facilities of grantee shall be so located, sistent with the Florida Department of Transpor-
relocated,installed,constructed and so erected as tation's Manual of Uniform Minimum Standards
to not unreasonably interfere with the conve- for Design, Construction and Maintenance for
nient, safe, continuous use or the maintenance, Streets and Highways.
improvement, extension or expansion of any pub-
lic "road" as defined under the Florida Transpor (d) When any portion of a public right-of-way
tation Code, nor unreasonably interfere with rea is excavated, damaged or impaired by grantee or
sonable egress from and ingress to abutting any of its agents, contractors or subcontractors
property. because of the installation,inspection,or repair of
any of its facilities, the portion so excavated,
(b) To minimize conflicts with the standards damaged or impaired shall, within a reasonable
set forth in subsection (a) above, the location, time and as early as practicable after such exca-
relocation,installation,construction or erection of vation,be restored to its original condition before
all facilities shall be made as representatives of such damage by the grantee at grantee's expense.
the grantor may prescribe in accordance with all (e) If grantor requires the removal or reloca-
applicable federal, state and local statutes, laws, tion of grantee's facilities because the facilities
ordinances, rules and regulations and pursuant interfere with the standards set forth in subsec-
to grantor's valid rules and regulations with re- tion (a) above, and grantee fails to remove or
spect to utilities' use of public rights-of-way rela relocate such facilities at grantee's expense within
tive to the placing and maintaining, in, under,
30 days after written notice from grantor, then
upon, along, over and across said public rights-of- grantor may proceed to cause the facilities to be
way, provided, such rules and regulations shall removed or relocated and the expense therefore
be:
shall be charged against the grantee.
(i) For a valid municipal purpose; (f) The grantor shall not be liable to the grantee
(ii) Shall not prohibit the exercise of grantee's for any cost or expense incurred in connection
right to use said public rights-of-way for with the relocation of any of the grantee's facili-
reasons other than conflict with the stan ties required under this section, except, however,
dards set forth above; that grantee may be entitled to reimbursement of
its costs and expenses from others and as pro-
(iii) Shall not unreasonably interfere with the vided by law.
grantee's ability to furnish reasonably suf-
ficient,adequate and efficient electric ser- Section 3. Indemnification.
vice to all of its customers while not
conflicting with the standards set forth The grantor shall in no way be liable or respon-
above; or sible for any accident or damage that may occur in
the construction, operation or maintenance by
(iv) Shall not require relocation of any of the grantee of its facilities hereunder, and the accep-
grantee's facilities installed before or af- tance of this ordinance shall be deemed an agree-
ter the effective date hereof in any public ment on the part of the grantee, to indemnify
right-of-way unless or until the facilities grantor, its officers, agents, attorneys, servants,
unreasonably interfere with the conve- employees, or contractors and hold it harmless
nient,safe,or continuous use,or the main- against any and all liability, loss, costs, injuries
tenance, improvement, realignment, ex- (including death), damages, attorneys' fees, or
tension,or expansion,of such public"road". expense, which may accrue to, or be incurred by j
Supp. No. 20 CDA:16
APPENDIX A—FRANCHISES §6
(111111110e
or charged against grantor or any of its officers, ers(as such customers are defined by FPL's tariff)
agents,attorneys,servants,employees,or contrac- within the incorporated areas of the grantor for
tors by reason of installation, location,relocation, the monthly billing period ending 60 days prior to
construction, reconstruction, operating, mainte- each such payment, and in no event shall pay-
nance or repair of grantee's facilities or acts or ment for the rights and privileges granted herein
omissions of negligence,gross negligence or inten- exceed 6.0 percent of such revenues for any monthly
tional torts, default or misconduct of the grantee, billing period of the grantee.
its officers, directors, agents, servants, employ The grantor understands and agrees that such
ees, contractors, or subcontractors. The indem-
revenues as described in the preceding paragraph
nity hereunder includes not only the costs, ex are limited, as in the existing franchise Ordi-
penses and attorneys'fees incurred by the grantor nance No. 25 81 to the precise revenues de-
in defense of any third party's claim(prior to and scribed therein, and that such revenues do not
during all phases of litigation,including trial and include, by way of example and not limitation:
post trial and appellate proceedings) and also
includes the costs, expenses and attorneys' fees (a) Revenues from the sale of electrical en-
incurred by the grantor in the event it must ergy for public street and highway light-
enforce the terms of this indemnity prior to and ing (service for lighting public ways and
during all litigation including trial,post trial and areas);
appellate proceedings. This indemnity shall sur- (b) Revenues from other sales to public au-
vive termination of this franchise, but only for thorities(service with eligibility restricted
incidents, acts or events, or for acts undertaken to governmental entities);
by grantee, which take place during the term of
this franchise. (c) Revenues from sales to railroads and rail-
ways (service supplied for propulsion of
Section 4. Rates, rules and regulations of electric transit vehicles);
grantee. (d) Revenues from sales for resale (service to
All rates and rules and regulations established other utilities for resale purposes);
by the grantee from time to time shall at all times (e) Franchise fees;
be reasonable,subject to,and not in conflict with, (f) Late payment charges;
such rules and regulations as may be provided by
law. (g) Field collection charges;
(h) Other service charges.
Section 5. Franchise fee.
As a consideration for this franchise,the grantee Section 6. Most favored nations.
shall pay to the grantor, commencing 90 days If during the term of this franchise the grantee
after the effective date hereof, and each month enters into a franchise agreement with any other
thereafter for the remainder of the term of this municipality located in Brevard County, Florida,
franchise,an amount which, added to the amount or within any contiguous county of Brevard County
of all licenses, excises, fees, charges and other where the number of grantee's active electrical
impositions of any kind whatsoever (except ad customers is equal to or less than the number of
valorem property taxes and non-ad valorem tax grantee's active electrical customers within the
assessments on property)levied or imposed by the incorporated area of the grantor, the terms of
grantor against the grantee's property, business which provide for the payment of franchise fees by
or operations and those of its subsidiaries during the grantee at a rate greater than 6.0 percent of
the grantee's monthly billing period ending 60 the grantee's residential, commercial and indus-
days prior to each such payment, will equal 6.0 trial revenues (as such customers are defined by
percent of the grantee's billed revenues, less ac- FPL's tariff), under the same terms and condi-
tual write-offs, from the sale of electrical energy
to residential,commercial and industrial custom- tions as specified in section 5 hereof, the grantee,
upon written request of the grantor, shall negoti-
Supp.No. 20 CDA:16.1
§6 CAPE CANAVERAL CODE
"Ng)
ate and enter into a new franchise agreement Nothing herein shall prohibit the grantor, if
with the grantor in which the percentage to be permitted by law,
used in calculating monthly payments under sec (i) From purchasing electric capacity and/or
tion 5 hereof shall be equal to that percentage electric energy from any other person, or
which the grantee has agreed to use as a basis for
the calculation of payments to such other munic- (ii) From seeking to have the grantee trans-
ipality described above, provided, however, that mit and/or distribute to any facility(ies)of
such new franchise agreement shall include ben- the grantor electric capacity and/or elec-
efits to the grantee, in addition to all benefits tric energy purchased by the grantor from
provided herein, at least equal to those provided any other person;
by its franchise agreement with such other mu-
nicipality described above. Subject to all limita-
tions, terms and conditions specified in the pre to purchase electric capacity and/or electric en
ceding sentence, the grantor shall have the sole ergy from any other person the grantor shall
discretion to determine the percentage to be used notify the grantee. Such notice shall include a
in calculating monthly payments,and the grantee summary of the specific rates, terms and condi
shall have the sole discretion to determine those tions which have been offered by the other person
benefits to which it would be entitled, under any and identify the grantor's facilities to be served
such new franchise agreement. under the offer.The grantee shall thereafter have
90 days to evaluate the offer and, if the grantee
offers rates,terms and conditions which are equal
Section 7. Noncompetition by grantor.
to or better than those offered by the other per-
As a further consideration, during the term of son, the grantor shall be obligated to continue to
this franchise or any extension thereof,the grantor purchase from the grantee electric capacity and/or
agrees: electric energy to serve the previously-identified 3
(a) Not to engage in the distribution and/or facilities of the grantor for a term no shorter than
that offered by the other person. If the grantee
sale, in competition with the grantee, of
electric capacity and/or electric energy to does not agree to rates, terms and conditions
any ultimate consumer of electric utility which equal or better the other person's offer,
service (herein called a "retail customer") then grantor may proceed with the other person's
or to any electrical distribution system offered sale and purchase arrangement and all of
the terms and conditions of this franchise shall
established solely to serve any retail cus
remain in effect except as provided herein.
tomer formerly served by the grantee,
(b) Not to participate in any proceeding or Section 8. Competitive disadvantage:termi-
contractual arrangement, the purpose or nation by grantee.
terms of which would be to obligate the
grantee to transmit and/or distribute,elec- If the grantor grants a right, privilege or fran-
tric capacity and/or electric energy from chise to any other person or otherwise enables
any third party(ies) to any other retail any other such person to construct, operate or
customer's facility(ies), and maintain electric light and power facilities within
(c) Not to seek to have the grantee transmit any part of the incorporated areas of the grantor
in which the grantee may lawfully serve or corn-
and/or and/or distribute electric capacity and/or
electric energy generated by or on behalf pete on terms and conditions which the grantee
of the grantor at one location to the grant- determines are more favorable than the terms
or's facility(ies) at any other location(s). and conditions contained herein,the grantee may
at any time thereafter terminate this franchise if
Nothing specified herein shall prohibit the such terms and conditions are not remedied within
grantor from engaging with other utilities or the time period provided hereafter. The grantee
persons in wholesale transactions which are sub- shall give the grantor at least 150 days advance
ject to the provisions of the Federal Power Act. written notice of its intent to terminate. Such
Supp. No. 20 CDA:16.2
APPENDIX A—FRANCHISES § 11
L
notice shall,without prejudice to any of the rights face to face meeting between representatives of
reserved for the grantee herein,advise the grantor the grantor and grantee, grantee agrees that it
of such terms and conditions that it considers shall meet in good faith with grantor prior to
more favorable. The grantor shall then have 150 terminating the franchise. Nothing contained
days in which to correct or otherwise remedy the herein shall be construed as constraining grant-
terms and conditions complained of by the grantee. or's right to legally challenge grantee's reasonable
If the grantee determines that such terms or determination of competitive disadvantage lead-
conditions are not remedied by the grantor within ing to termination pursuant to section 8 and/or 9
said time period, the grantee may terminate this herein.
franchise agreement by delivering written notice
to the grantor's clerk and termination shall be Section 10. Default by grantee.
effective on the date of delivery of such notice.
Failure on the part of the grantee to comply in
Section 9. Legislative or regulatory action. any substantial respect with any of the provisions
of this franchise shall be grounds for forfeiture,
If as a direct or indirect consequence of any but no such forfeiture shall take effect if the
legislative,regulatory or other action by the United reasonableness or propriety thereof is protested
States of America or the State of Florida (or any by the grantee until there is final determination
department,agency,authority,instrumentality or (after the expiration or exhaustion of all rights of
political subdivision of either of them)any person appeal) by a court of competent jurisdiction that
is permitted to provide electric service within the the grantee has failed to comply in a material
incorporated areas of the grantor to a customer respect with any of the provisions of this fran-
then being served by the grantee, or to any new chise,and the grantee shall have six months after
applicant for electric service within any part of such final determination to make good the default
the incorporated areas of the grantor in which the before a forfeiture shall result with the right of
grantee may lawfully serve, and the grantee rea- the grantor at its discretion to grant such addi-
sonably determines that its obligations hereun- tional time to the grantee for compliance as
der, or otherwise resulting from this franchise in necessities in the case require.
respect to rates and service, place it at a compet-
itive disadvantage with respect to such other Section 11. Default by grantor.
person, the grantee may, at any time after the
taking of such action, terminate this franchise if Failure on the part of the grantor to comply in
such competitive disadvantage is not remedied substantial respect with any of the provisions of
within the time period provided hereafter. The this ordinance, including, but not limited to:
grantee shall give the grantor at least 150 days
advance written notice of its intent to terminate. (a) Denying the grantee use of public rights-
Such notice shall,without prejudice to any of the of-way for reasons other than unreason-
rights reserved for the grantee herein, advise the able interference with motor vehicular
grantor of the consequences of such action which traffic;
resulted in the competitive disadvantage. The (b) Imposing conditions for use of public rights-
grantor shall then have 150 days in which to of-way contrary to Florida law or the
correct or otherwise remedy the competitive dis- terms and conditions of this franchise;
advantage. If such competitive disadvantage is
not remedied by the grantor within said time (c) Unreasonable delay in issuing the grantee
period, the grantee may terminate this franchise a use permit, if any, to construct its facil-
agreement by delivering written notice to the ities in public rights-of-way,
grantor's clerk and termination shall take effect
on the date of delivery of such notice. Notwith- shall constitute breach of this franchise and enti-
standing the foregoing, upon written request of tle the grantee to withhold all or part of the
the grantor within the 150 day notice period for a payments provided for in section 5 hereof until
Supp.No. 20 CDA:16.3
§ 11 CAPE CANAVERAL CODE
such time as a use permit is issued or a court of control the growth rates of electric consumption;
competent jurisdiction has reached a final deter- to reduce the growth rates of weather-sensitive
mination in the matter. peak demand; to increase the overall efficiency
and cost-effectiveness of electricity production
Section 12. Grantor's right to audit. and use and to encourage further development of
The grantor may, upon reasonable notice and demand-side renewable energy systems. To that
within 180 days after each anniversary date of end grantor and grantee agree to use their best
this franchise, at the grantor's expense, examine efforts to cooperatively work each with the other
the records of the grantee relating to the calcula- to promote incentives for customer-owned and
tion of the franchise payment for the year preced- utility owned- energy efficiency and demand-side
ing such anniversary date. Such examination renewable energy intended to offset all or part of
shall be during normal business hours at the a customer's electricity requirements. Nothing
grantee's office where such records are main- contained in this franchise shall be construed as
tained. records not prepared by the grantee in the prohibiting or impeding the residents,businesses,
ordinary course of business may be provided at and inhabitants within the incorporated area of
the grantor's expense and as the grantor and the the city from installing and using renewable
grantee may agree in writing. Information iden- energy systems provided the renewable energy
tifying the grantee's customers by name or their
systems referred to are otherwise permitted by
electric consumption shall not be taken from the Florida law.
grantee's premises. Such audit shall be impartial
and all audit findings, whether they decrease or (b) Grantor may, if permitted by law:
increase payment to the grantor,shall be reported
to the grantee.The grantor's right to examine the (i) Generate electric capacity and/or energy
records of the grantee in accordance with this at any facility owned by the grantor for
section shall not be conducted by any third party storage or utilization at that facility or
employed by the grantor whose fee, in whole or other grantor facilities,operations or equip-
part, for conducting such audit is contingent on ment;
findings of the audit.
Grantor may, upon reasonable notice given (ii) Use renewable energy sources to generate
within one year following the grantee's accep electric capacity and/or energy for use in
tance of the new franchise agreement, conduct a demonstration projects or at grantor's fa
final audit of the grantee's records relating to the cilities, operations or its equipment; and
calculation of the franchise payments that have (iii) Sell electric capacity and/or energy to
been made to grantor pursuant to the current grantee or other wholesale
franchise agreement embodied in Ordinance No. purchaser in
25-81. Other than any claims arising from alleged compliance with applicable rules and reg
fraud,deceit,misrepresentation,intentional with ulations controlling such transactions.
holding of information, or other similar inten-
tional misconduct by grantee in relation to the Section 14. Undergrounding of facilities.
calculation or remittance of the franchise pay-
ments under the current franchise agreement, Grantee understands and acknowledges that
grantor waives, settles, and bars all claims relat- grantor's policies strongly favor undergrounding
ing to the amounts paid by the grantee under the of utilities and improvement of safety and aes-
current franchise agreement embodied in Ordi- thetics. Grantee has filed a tariff and has adopted
nance No. 25-81. a mechanism for governmental recovery of
undergrounding fees (MGRUF), along with other
Section 13. Renewable energy. undergrounding tariffs.Requests made by grantor
(a) Grantor and grantee recognize that it is in for undergrounding shall by implemented by
the best interests of the city, its residents, busi- grantee in accordance with the applicable tariffs
nesses and inhabitants thereof to reduce and in effect on the date of grantor's request.
Supp. No. 20 CDA:16.4
APPENDIX A—FRANCHISES §23
Lise,
Section 15. Smart grid technology. Manager, City of Cape Canaveral, 105 Polk Ave-
nue or such other address where City Hall may
Grantee acknowledges that grantor's policies be located in the City of Cape Canaveral, Florida,
strongly favor the widespread dissemination of 32920.All notices from the grantor to the grantee
meters featuring "smart grid technology" which pursuant to this ordinance shall be sent to: Flor-
utilize an interactive monitoring network capable ida Power & Light Company, 700 Universe Bou-
of providing real time electrical energy usage levard, Juno Beach, Florida 33408, or such other
information to both grantee and grantee's retail address where grantee's corporate office may be
customers via an advanced, two-way communica- located, marked:Attention: External Affairs.
tion device. If this technology is implemented by
grantee, grantee shall utilize its best practicable Section 20. Captions.
efforts to provide retail customers located in the
incorporated area of grantor receipt of such tech- Captions to sections throughout this ordinance
nology. are solely to facilitate the reading and reference
to the sections and provisions of the ordinance.
Section 16 Infrastructure hardening. Such captions shall not affect the meaning or
interpretation of the ordinance.
Grantee understands and acknowledges that
grantor's policies strongly favor strengthening Section 21. Headings:entire agreement;gov-
electric utility infrastructure. Subject to FPSC or erning law
regulatory approval, grantee shall implement its
infrastructure hardening plan within the grant- The headings contained in this ordinance are
or's boundaries. for reference purposes only and shall not affect in
any way the meaning and interpretation of this
Section 17. Preferential or discriminatory ordinance. This ordinance constitutes the entire
practices prohibited. agreement and supersedes all prior agreements
and understandings,both written and oral,among
All services rendered and all rules and regula- the parties with respect to the subject matter
tions adopted by the grantee shall have general hereof. This ordinance shall be governed in all
application to all persons and shall not subject respects, including validity, interpretation and
any person to prejudice or disadvantage on ac- effect, by the laws of the State of Florida.
count of race, gender, religion, origin, physical
condition or ethnicity. No otherwise qualified per- Section 22. Grantor's rights of intervention.
son shall, solely by reason of his or her race,
gender, religion, origin, physical condition or eth- Grantor and grantee acknowledge and agree
nicity, be excluded from participation in, be de- that this franchise in no way affects or impairs
nied services, or be subject to discrimination any rights either party may otherwise possess
under any provision of this franchise. under Florida law to intervene in any suit or
proceeding to which the grantor or the grantee is
Section 18. No joint venture. a party, concerning or involving the grantor's
rights under this ordinance and/or the grantee's
Nothing herein shall be deemed to create a rights under this ordinance.
joint venture or principal-agent relationship be-
tween the parties,and neither party is authorized Section 23. Jurisdiction and venue.
to,nor shall either party act toward third persons
or the public in any manner which would indicate The parties hereto agree that the state or
any such relationship with the other. federal courts located in the State of Florida shall
have the exclusive jurisdiction over the parties
Section 19. Notices. and the subject matter of any litigation between
the parties arising hereunder, except insofar as
Lire All notices from the grantee to the grantor the Florida Public Service Commission may have
pursuant to this ordinance shall be sent to: City concurrent or exclusive jurisdiction of matters
Supp.No.20 CDA:16.5
§23 CAPE CANAVERAL CODE
addressed in this franchise. For the purpose of Section 25. Definition of"person".
state court action, venue shall lie within Brevard As used herein"person"means an individual,a
County, Florida, and for the purpose of federal partnership, a corporation, a business trust, a
court action, venue shall lie within the Middle joint stock company, a trust, an incorporated
District of Florida in Orlando,Florida.The grantor
and the grantee hereby waive the right to trial by association, a joint venture, a governmental au-
jury in any action brought on this ordinance or on thority or any other entity of whatever nature.
any matter arising in connection with this ordi Section 26. Repeal of prior inconsistent or-
nance. dinance, resolutions and agree-
ments.
Section 24. Qualified severability. Ordinance No. 25-81, passed and adopted De-
If any clause,section,provision or other part of cember 15, 1981, and all other ordinances and
this ordinance or any portion thereof shall be held parts of ordinances and all resolutions and parts
invalid or unconstitutional by a court of compe of resolutions in conflict herewith are hereby
tent jurisdiction, then said holding in no way repealed.
affects the validity of the remaining portions of Section 27. Incorporation into code.
this ordinance. Notwithstanding the foregoing, it
is expressly provided that if any of the provisions This ordinance shall be incorporated into "Ap-
or sections of this ordinance are held invalid or pendix A" of the Cape Canaveral City Code and
unconstitutional, the parties shall attempt in any section or paragraph, number or letter, and
good faith to negotiate a new lawful agreement any heading may be changed or modified as
that restores the fundamental terms of the origi- necessary to effectuate the foregoing. Grammati-
nal agreement. In the event the parties are un- cal, typographical, and like errors may be cor-
able to reach a new lawful agreement, the ordi- rected and additions, alterations, and omissions,
nance shall be null and void and of no force and not affecting the construction or meaning of this
effect. ordinance and the City Code may be freely made.
Section 28. Effective date.
As a condition precedent to the taking effect of this ordinance, the Grantee shall file its acceptance
hereof with the Grantor's Clerk within 30 days of adoption of this ordinance. The effective date of this
ordinance shall be the date upon which the Grantee files such acceptance.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16th day of August, ,2011.
/s/
Rocky Randels, Mayor
FOR AGAINST
Bob Hoog Motion
Jim Morgan Second
Buzz Petsos X
Rocky Randels X
Betty Walsh X
ATTEST:
Angela Apperson,
City Clerk
Supp.No. 20 CDA:16.6
APPENDIX A—FRANCHISES §28
Approved as to legal form and sufficiency for the City of Cape Canaveral only:
Anthony A. Garganese,
City Attorney
L
Lire
Supp. No. 20 CDA:16.7
3
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3
3
APPENDIX B—SCHEDULE OF FEES
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 400.00 10-114(b)
(2) License fees: 10-121
a. Adult bookstore 1,000.00
b. Massage establishment 1,000.00
c. Adult motion picture theaters:
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 1,000.00
(3) Application for change of location 200.00 10-123(a)
(4) Change of name 3.00 10-123(b)
(c) Permit for employees:
(1) Application fee 16.00 10-139(e)
(2) Renewal fee 16.00 10-143
Liro'` (3) Replacement of lost permit 10.00 10-148
Supp. No. 20 CDB:5
CAPE CANAVERAL CODE
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
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
Supp.No. 20 CDB:6
APPENDIX B—SCHEDULE OF FEES
L1110°`
Number of false alarms Fee per false alarm
Sixth $25.00
Seventh $50.00 each
Chapter 34. Environment
Code
Amount Section
Article IV Weeds and Dead Vegetation 34-121
(a) Fees for mowing unimproved platted lots within the city:
(1) Avon-by-the-Sea:
a. For one lot 26.50
b. For each additional lot under one ownership 19.50
(2) Cape Canaveral Beach Gardens:
a. For one lot 32.50
b. For each additional lot under one ownership 26.00
Article VI. Abandoned Property
(a) Storage fees, per day 10.00 34-188
Chapter 38. Fire Prevention and Protection
Code
Line'
Amount Section
Article IV. Fireworks
(a) Permit for public display of fireworks 50.00 38-83
Chapter 62. Solid Waste
Code
Amount Section
(a) Collection fees: 62-5
(1) Single-family, duplex and triplex, per unit per month 7.67
(2) Mobile home units and individual apartments or condomin-
iums, per unit per month 4.74
(3) Individual commercial business accounts with trash cans,
per unit per month 11.23
(4) Commercial dumpsters used by commercial businesses,apart-
ment complexes and condominiums, per containerized yard
per month 27.96
(5) Special collection services, in addition to the normally pro-
vided twice-weekly service for commercial dumpsters as
provided in subsection(4)above,per containerized yard per
pick-up 4.00
(6) Recycling service, per dwelling unit 2.21
(7) Roll-off container service (to be billed and collected by
Western Waste Industries, Inc.)
a. Container delivery, per container 50.00
b. Per pull, per container - 20 cu. yd 135.00
30 cu. yd 160.00
Supp.No. 20 CDB:7
CAPE CANAVERAL CODE
`r/
Code
Amount Section
40 cu. yd. 185.00
c. Actual disposal cost shall be added to the pull charge
plus 20 percent
d. Container rental shall not be charged for a container
pulled three or more times per month. For those pulled
less than three times, the rent shall not exceed, per
month 50.00
e. Dry runs (responding to customer's request, but not
being able to pull container) will be charged the same
as the delivery rate
(b) Recycling service, per dwelling unit per month 2.07 62-12
(c) Roll-off container service, to be billed and collected by Western
Waste Industries, Inc.:
(1) Container delivery, per container 50.00
(2) Per pull:
a. 20 cubic yards, per container 135.00
b. 30 cubic yards, per container 160.00
c. 40 cubic yards, per container 185.00
(3) Actual disposal cost shall be added to the pull charge plus 20
percent.
(4) Container rental:
a. For a container pulled three or more times per month. No charge
b. For containers pulled less than three times, the rent
per month shall not exceed 50.00
(5) Dry runs (responding to customer's request but not being
able to pull container) will be charged the same as the
delivery rate.
(d) Processing charge for each bill each month to cover the cost of
handling and mailing the bills 0.85
(Res. No. 2003-26, § 1, 6-17-03)
Chapter 66. Streets, Sidewalks and Other Public Places
Article III. Excavations
Code
Amount Section
(a) Permit fee 50.00 66-83
(b) Road cut deposit 300.00 66-84
Chapter 70. Taxation
Article III. Occupational License Tax
Code
Amount Section
(a) Transfer of license:
Supp.No. 20 CDB:8
APPENDIX B—SCHEDULE OF FEES
Code
Amount Section
(1) For transfer of location by same owner 3.00 70-80
(2) For transfer of ownership 3.00 70-80
Chapter 78. Utilities
Article II. Sanitary Sewer System
Code
Amount Section
(a) Connection to sewer:
(1) Inspection fee (tap fee) 25.00 78-27
(2) Late charge 75.00 78-28
(b) Wastewater discharge permit:
(1) Initial application 75.00 78-99
(2) Renewal (annual) 20.00 78-99
(c) Reviewing accidental discharge and construction plans and
specifications 150.00 78-99
(d) Surcharge for abnormal strength wastes (tiered rate schedule):
(1) For each parameter on the first day 100.00 78-111
(2) Progressing upward, each day, by increments of 100.00 78-111
(3) Maximum for each parameter violation, per day 1,000.00 78-111
(e) Impact fees: 78-129
(1) Residential:
a. Each single-family dwelling unit 2,337.81
b. Each residential unit of a multiple-family unit, duplex,
triplex and/or apartment unit 2,337.81
c. Each condominium unit 2,337.81
d. Each mobile home space 2,337.81
(2) Commercial. The impact assessment fee shall be the
greater of$2,337.81 or the amount calculated for the uses
described below:
a. Barber and beauty shops, per chair 584.45
b. Bowling alleys, per lane 584.45
c. Churches, per seat 17.25
d. Dentist offices, per dentist 1,461.14
e. Doctor offices, per doctor 1,461.14
Supp.No. 20 CDB:9
CAPE CANAVERAL CODE
J
Code
Amount Section
f. Food service operations:
1. Restaurant, per seat 292.23
2. 24-hour restaurant, per seat 438.35
3. Bar and cocktail lounge, per seat 174.87
4. Drive-in restaurant, per car space 292.23
g. Hospitals, per bed 1,461.14
h. Hotels, motels, per room 876.61
i. Laundry facilities, per washing machine 2,337.81
j. Nursing, rest homes, per person 584.45
k. Office building, per worker 117.37
1. Schools, per student 146.12
m. Service stations, per water closet and per urinal 1,461.14
n. Shopping centers without food or laundry, per square
foot of floor space 0.58
o. Stores without food service, per square foot of floor
space 0.58
p. Theaters, indoor, per seat 28.75
q. Travel trailer park without water and sewer hookup,
per space 438.35
r. Travel trailer park with water and sewer hookup, per
space 584.45
(3) Industrial:
a. Impact fees for industrial or other commercial facilities
not listed above shall be based upon either the use of
the fixture unit count or the number of workers in an
office building, whichever is greater.
1. The fixture unit count shall be that defined in the
most recent plumbing fixture value table published
by the Standard Plumbing Code. The table shall be
reviewed annually. Each 18 fixture units, or fraction
thereof, equals one equivalent single-family dwelling
unit. Equivalent and fractional equivalents shall be
multiplied by $2,337.81 to determine the applicable
impact fee.
j
Supp.No. 20 CDB:10
APPENDIX B—SCHEDULE OF FEES
(1111110e
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
Ligie (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) 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:
ERU Basis
For Single-Family, Commercial and Public Buildings
Meter Size ERU
3/4" 1.00
1.0" 2.50
Lore 1.5" 5.00
Supp.No. 20 CDB:11
CAPE CANAVERAL CODE
J
Meter Size ERU
2.0" 8.00
3.0" 15.00
4.0" 25.00
6.0" 60.00
8.0" 80.00
(5) Sewer Adjustment Factor: A factor established by City Council to account for the difference
between the established rates and charges for Residential connection sewage and that of
Commercial connections.
2008 2008/09 2009/10 2010/11 2011/12
7% 6% 6% 6% 6%
Customer Charge per Bill
Single-Family $ 1.29 $ 1.37 $ 1.46 $ 1.55 $ 1.64
Multifamily $ 1.29 $ 1.37 $ 1.46 $ 1.55 $ 1.64
Commercial $ 1.29 $ 1.37 $ 1.46 $ 1.55 $ 1.64
Public Building $ 1.29 $ 1.37 $ 1.46 $ 1.55 $ 1.64
Readiness to Serve Charge per ERU
Single-Family $ 11.22 $ 11.90 $ 12.62 $ 13.38 $ 14.18
Commercial(1) $ 11.22 $ 11.90 $ 12.62 $ 13.38 $ 14.18
Public Building $ 11.22 $ 11.90 $ 12.62 $ 13.38 $ 14.18
Usage Rate per 1,000 gallons
Single-Family $ 3.63 $ 3.85 $ 4.09 $ 4.34 $ 4.60
* Single-Family Usage Cap 5,000 gal 6,000 gal 7,000 gal no cap No cap
Commercial" $ 3.63 $ 3.85 $ 4.09 $ 4.34 $ 4.60
Public Building $ 3.63 $ 3.85 $ 4.09 $ 4.34 $ 4.60
Sewer Service Charge per Unit
Multifamily (Flat Rate) $ 19.23 $ 20.39 $ 21.62 $ 22.92 $ 24.30
(1) Commercial shall be increased pursuant to a Sewer Adjustment Factor of 3.0 times
the Readiness to Serve Charge per ERU and a Sewer Adjustment Factor of 3.0 times
the Usage Rate per 1,000 gallons.
(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
Supp. No. 20 CDB:12
APPENDIX B—SCHEDULE OF FEES
Code
Description Amount Section
(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
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
‘111100" 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 including $20,000.00
$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
Supp.No. 20 CDB:13
CAPE CANAVERAL CODE
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
(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
Supp.No. 20 CDB:14
APPENDIX B—SCHEDULE OF FEES
(111100e
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)
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 fi- $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.
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
(3) Single-family home 100.00
(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
Lore (b) Inspection fee 90-195
Supp. No. 20 CDB:15
CAPE CANAVERAL CODE
Code
Amount Section
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.
Chapter 102.Vegetation
Article II. Tree 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:
Supp.No. 20 CDB:16
APPENDIX B-SCHEDULE OF FEES
Code
Amount Section
a. One, two and three residential units 37.50
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.
Lire 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; 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)
L
Supp.No. 20 CDB:17
3
3
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3
CODE COMPARATIVE TABLE
cisie
Ordinance Adoption Section
Number Date Section this Code
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
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 Dltd 34-27
34-95
Dltd 34-152
Dltd 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(f)
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
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) Dltd. App.B,Ch. 78,Art.
III(b),(c)
Added (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)
Loe,
Supp.No. 20 CCT:21
CAPE CANAVERAL CODE
J
Ordinance Adoption Section
Number Date Section this Code
10-48(b)
08-2008 7- 1-08 2 26-3
01-2009 2- 3-09 2 Added 110-30(b)
Rltd (b)
as (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)
Dltd (e)
102-38(b)(1)
Dltd (2),(3)
Rnbd (4),(5)
as (2),(3)
Added (d)
102-40(b)(3)
Added (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 title
Added 98-31
98-36
98-41
Dltd 98-42-98-44
98-45(a),(b)
Dltd (c),(d)
98-46(b)
98-47
Added 98-48
98-57
Dltd 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
Supp.No. 20 CCT:22
CODE COMPARATIVE TABLE
Ordinance Adoption Section
Number Date Section this Code
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 (3)
Rnbd (3)—(5)
as (4)—(6)
14-2010 12-21-10 2 54-4(1)
Added 54-5
16-2010 11- 4-2010 2 Added 74-56.5
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 (14)
as (15)
18-2010 12-21-10 2 66-65
66-81
66-83
66-84(a),(b)
LIM? Added (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(c)
Rltd (c),(d)
as (d),(e)
Dltd (d)(2)
Rnbd (3)
as (2)(e)
03-2011 5-17-11 2 Added 110-352(10)
04-2011 6-21-11 2 110-1
Added 110-492(e)
Dltd 110-538(7)--(9)
Rnbd (10)
as (7)
Dltd (11)
Rnbd (12)—(16)
as (8)—(12)
‘1110°' 05-2011 8-16-11 1-28 App.A,Art. II
Supp.No. 20 CCT:23
J
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3
3
CHARTER INDEX
Le
Section Section
A CITY COUNCIL(Cont'd.)
ACTIONS. See: SUITS, ACTIONS AND City clerk 2.08
OTHER PROCEEDINGS Codes of technical regulations 2.15
Compensation;expenses 2.04
APPOINTMENTS Composition,eligibility,terms 2.02
City council Elections
City clerk 2.08 Methods of electing council members .. 6.03
Prohibitions Emergency ordinances 2.14
Appointments and removals 2.05(b) Financial management 5.01 et seq.
City manager 3.00 See:FINANCES
Departments,offices,and agencies General powers and duties 2.01
Legal officer 4.03(a) Independent audit 2.10
Investigations 2.09
AUDITS Judge of qualifications 2.07
City council Mayor 2.03
Independent audit 2.10 Powers and duties 2.03(a)
Mayor pro tern 2.03(b)
B Ordinances in general 2.13
Procedure 2.11
BOARDS, COMMITTEES AND COMMIS- Meetings 2.11(a)
SIONS Rules and journal 2.11(b)
Financial management Voting 2.11(c)
Financial advisory committee 5.07 Prohibitions 2.05
BOUNDARIES Appointments and removals 2.05(b)
Incorporation of the city 1.02 Holding other office 2.05(a)
Interference with administration 2.05(c)
BUDGET Vacancies; forfeiture of office;filling of va-
Financial management 5.01 et seq. cancies 2.06
LI1Of See: FINANCES
CITY MANAGER 3.00
C Departments,offices,and agencies
Direction by city manager 4.01(b)
CHARTER Financial management 5.01 et seq.
Campaign finance 7.02 See:FINANCES
Conflicts of interest and ethics 7.01 CONTRACTS AND AGREEMENTS
Nepotism 7.03 City
CHARTER AMENDMENT Intergovernmental relations 1.04
Adoption of amendment 8.03 Pending matters 9.01
Election 8.02
Financial management COUNCIL.See: CITY COUNCIL
Amendments after adoption 5.06
Proposal of amendment 8.01 D
CITY DEPARTMENTS, OFFICES, AND AGEN-
Construction 1.03 CIES
Incorporation of the city 1.02 City council
Intergovernmental relations 1.04 Vacancies; forfeiture of office; filling of
Powers of the city 1.01 vacancies 2.06
CITY CLERK Fire protection services 4.05
City council General provisions 4.01
Authentication and recording; codifica- Creation of departments 4.01(a)
tion; printing of ordinances and Direction by city manager 4.01(b)
resolutions 2.16 Land use, development, and environmen-
City clerk 2.08 tal planning 4.04
Legal officer 4.03
CITY COUNCIL Appointment 4.03(a)
Action requiring an ordinance 2.12 Duties 4.03(b)
Authentication and recording;codification; Personnel system 4.02
printing of ordinances and resolu- Merit principle 4.02(a)
tions 2.16 Merit system 4.02(b)
Supp.No. 20 CHTi:1
CAPE CANAVERAL CODE
Section Section
DEVELOPMENT.See:PLANNING AND DE- H
VELOPMENT
HEALTH AND SANITATION
City council
E Emergency ordinances 2.14
ELECTIONS
Charter
Campaign finance 7.02 INCORPORATION
Charter amendment City 1.02
Election 8.02
City elections 6.01 INITIATIVE
Filing fee 6.02 Elections
Initiative and citizen referendum 6.04 Initiative and citizen referendum 6.04
Methods of electing council members 6.03 INVESTIGATIONS
Recall 6.05 City council;investigations 2.09
EMERGENCIES
Emergency ordinances 2.14 M
EMPLOYEES. See: OFFICERS AND EM- MANAGER. See: CITY MANAGER
PLOYEES MAYOR
ETHICS City council
Charter Mayor 2.03
Conflicts of interest and ethics 7.01 MEETINGS
City council
F Procedure;meetings 2.11(a)
FEES MISDEMEANORS
Elections City council;investigations 2.09
Filing fee 6.02
N
FINANCES
Charter NEPOTISM
Campaign finance 7.02 Charter 7.03
City council
Compensation;expenses 2.04 O
Elections OFFICERS AND EMPLOYEES
Filing fee 6.02 City council 2.01 et seq.
Financial management See: CITY COUNCIL
Amendments after adoption 5.06 City manager 3.00
Appropriation and revenue ordinances. 5.05 Departments,offices,and agencies
Budget 5.03 Legal officer 4.03
Budget message 5.02 Personnel system 4.02
Capital program 5.08
City council action on budget 5.04 ORDINANCES,RESOLUTIONS,ETC.
Financial advisory committee 5.07 City council
Notice, hearing and adoption of capital Action requiring an ordinance 2.12
plan 5.09 Authentication and recording; codifica-
Submission of budget and budget mes- tion; printing of ordinances and
sage 5.01 resolutions 2.16
Emergency ordinances 2.14
FINES,FORFEITURES AND OTHER PEN- Ordinances in general 2.13
ALTIES Financial management
City council Appropriation and revenue ordinances. 5.05
Vacancies; forfeiture of office; filling of
vacancies 2.06 P
FIRE DEPARTMENT PETITIONS
Departments,offices,and agencies Elections 6.01 et seq.
Fire protection services 4.05 See: ELECTIONS
Supp.No. 20 CHTi:2
CHARTER INDEX
(1011111111
Section Section
PLANNING AND DEVELOPMENT VACANCIES(Cont'd.)
Departments,offices,and agencies City council
Land use,development,and environmen- Vacancies; forfeiture of office; filling of
tal planning 4.04 vacancies 2.06
Financial management
Notice, hearing and adoption of capital VOLUNTEER FIRE DEPARTMENT
plan 5.09 Departments,offices,and agencies
Fire protection services 4.05
POWERS VOTES AND VOTING
City;powers of 1.01
Elections 6.01 et seq.
PROCEEDINGS.See:SUITS,ACTIONS AND See:ELECTIONS
OTHER PROCEEDINGS
W
PROPERTY
City council WATERWAYS AND WATERCOURSES
Emergency ordinances 2.14 Incorporation of the city 1.02
WRITS, WARRANTS AND OTHER PRO-
R CESSES
RECALL City council;investigations 2.09
Elections 6.05
RECORDS AND REPORTS
City council
Authentication and recording 2.16(a)
Procedure;rules and journal 2.11(b)
REFERENDUMS
Lite Elections
Initiativeonand citizen referendum 6.04
REVENUES OF CITY. See:FINANCES
S
SUBPOENAS
City council;investigations 2.09
SUITS,ACTIONS AND OTHER PROCEED-
INGS
City council
Action requiring an ordinance 2.12
Financial management
City council action on budget 5.04
Pending matters 9.01
T
TAXATION
Financial management
Appropriation and revenue ordinances. 5.05
Budget 5.03
TRANSITION AND SEVERABILITY
Pending matters 9.01
Schedule 9.03
Severability 9.04
State of municipal laws 9.02
V
LierVACANCIES
Supp.No. 20 CHTi:3
3
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3
LeeCODE 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 regulations 94-1 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;
(kagoi Penalty
Property abandoned or lost on public prop-
34-178 digital alarm communicator system . 30-37
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
Hours of operation 6-26
ing 110-26 et seq.
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.
See:LAND DEVELOPMENT CODE
Report of accidents 80.88
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
Lilie BUSINESSES, ADULT ENTERTAIN-
MENT ESTABLISHMENTS Prohibited in motor vehicles 6-68
Supp.No.20 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 ARCHITECTURE
Possession and consumption 6-51 Beautification board generally 2-181 et seq.
Parks and recreation areas See: BEAUTIFICATION BOARD
Possession and consumption 6-52 ASSOCIATIONS
Penalty 6-1 Persons;definitions and rules of construc-
Streets, alleys, sidewalks and parking ar- tion extended and applied to 1-2
eas,possession and consumption in . 6-51
Vehicles for hire 80-87 ATOMIC ENERGY USES
Land development code regulations re zon-
ALLEYS.See:STREETS,SIDEWALKS AND ing 110-26 et seq.
OTHER PUBLIC WAYS See: LAND DEVELOPMENT CODE
AMUSEMENTS AND AMUSEMENT PLACES ATTORNEY. See: CITY ATTORNEY
Outdoor entertainment events 10-46 et seq.
See: OUTDOOR ENTERTAINMENT AUDIO ALARMS. See:ALARM SYSTEMS
EVENTS
Sexually oriented businesses, adult enter- AUTOMATED TELEPHONE ALARM SYS-
tainment establishments 10-86 et seq. TEMS. See:ALARM SYSTEMS
Slot machines or devices 10-200 et seq. AUTOMOBILES. See: MOTOR VEHICLES
ANIMALS AND FOWL AND TRAFFIC
Animal control officer 14-27
Beaches AWNINGS OR CANOPIES
Animals prohibited on 14-28 Signs
Bees and beehives prohibited 14-3 Land development code regulations.... 94-1 et seq.
Bird sanctuary See:LAND DEVELOPMENT CODE
Designation of14-2
County animal control ordinance B
Adopted 14-26
Animal control officer 14-27 BEACHES
Parks and beaches Alcoholic beverage possession on Ocean
Animals prohibited on 14-28 beach 6-53
Noises,enumeration of prohibited 34-153(5) Animals prohibited on beaches 14-28
Outdoor entertainment events Dune parking prohibited 74-59
Permit;turtle protection 10-68 Parks and recreation
Parks Commercial beach vendor franchises... 54-5
Animals prohibited in 14-28 Sea turtles generally 14-51 et seq.
Penalty 14-1 See:ANIMALS AND FOWL
Sanctuary Sleeping and camping in public areas and
Sanctuary,designation of 14-2 beaches 50-4
Sea turtles Street excavations 66-61 et seq.
Beach activities 14-58 See: STREETS, SIDEWALKS AND
Definitions 14-52 OTHER PUBLIC WAYS
Enforcement and penalty 14-53 Wetlands protection 106-26 et seq.
Exemptions 14-54 See:LAND DEVELOPMENT CODE
Existing development 14-56 BEAUTIFICATION BOARD
New development 14-55
Publicly owned lighting 14-57 Duties 2-184
Purpose and scope 14-51 Established,membership,terms,qualifica-
tions 2-181
ANNEXATIONS Indebtedness 2-186
Certain ordinances not affected by Code.. 1-10(a)(13) Meetings 2-182
Franchise regulations in general. See: Planning and zoning board
FRANCHISES(Appendix A) Coordination with 2-185
Land development code regulations re zon- Property maintenance standards 34-91 et seq.
ing 110-26 et seq. See: PROPERTY MAINTENANCE
See: LAND DEVELOPMENT CODE STANDARDS
ANNUAL BUDGET. See: BUDGET BEER. See:ALCOHOLIC BEVERAGES
Supp.No. 20 CDi:2
CODE INDEX
/ Section Section
BEES AND BEEHIVES.See:ANIMALS AND BOATS,DOCKS AND WATERWAYS(Cont'd.)
FOWL Land development code regulations re zon-
ing 110-26 et seq.
BIDS AND BIDDING See:LAND DEVELOPMENT CODE
Bidders Litter, throwing in river or other body of
City bidders list 2-218(2) water 34-36
Purchasing generally 2-216 et seq. Outdoor entertainment events
See:PURCHASES AND PURCHASING Permit;water craft,use of 10-71
BILLBOARD.See:SIGNS AND BILLBOARDS Vessel control and water safety
Area of enforcement 54-48
BIRDS. See:ANIMALS AND FOWL Careful and prudent operation required 54-50
Definitions 54-47
BLIGHT Designation of areas of regulated water
Property maintenance standards 34-91 et seq. activities 54-52
See: PROPERTY MAINTENANCE Designating additional areas of regu-
STANDARDS lated water activities,procedure
for 54-53
BLOCKS
Subdivisions Enforcement
Land development code regulations.... 98-1 et seq. Area of enforcement 54-48
See: LAND DEVELOPMENT CODE Means of enforcement 54-49
Penalties 54-55
BOARDS, COMMITTEES AND COMMIS- Exemptions 54-54
SIONS Means of enforcement 54-49
Beautification board 2-181 et seq. Penalties 54-55
See: BEAUTIFICATION BOARD Purpose and findings 54-46
Board of adjustment 110-2 Speed not to be greater than what is
See: LAND DEVELOPMENT CODE reasonable under the conditions.. 54-51
(taisie Business and cultural development board. 22-26 et seq. Water safety. See herein: Vessel Control
See: BUSINESS AND CULTURAL DE- and Water Safety
VELOPMENT BOARD Wetlands protection 106-26 et seq.
Code enforcement board 2-256 et seq. See:LAND DEVELOPMENT CODE
See: CODE ENFORCEMENT BOARD Zoning regulations
Community appearance review board 22-36 et seq. Boats,vessels and boat trailers
See:COMMUNITY APPEARANCE RE- Living aboard 110-552
VIEW BOARD Living or residing in boats, utility
Construction board of adjustments and ap- trailers,recreational vehicles and
peals 82-32 et seq. special purpose vehicles 110-553
Building code. See: LAND DEVELOP- Location of 110-551
MENT CODE Parking and storage 110-554
Criminal nuisance abatement board 2-292 et seq.
See: CODE ENFORCEMENT BODIES OF WATER. See: BOATS, DOCKS
Definitions and rules of construction 1-2 AND WATERWAYS
Delegation of authority
Definitions and rules of construction1-2 BODIES POLITIC AND CORPORATE
Joint authority Persons;definitions and rules of construe-
Definitions and rules of construction 1-2 tion extended and applied to 1-2
Library board 46-26 et seq.
See:LIBRARY BONDS,SURETY OR PERFORMANCE
Planning and zoning board 110-3 Certain ordinances not affected by Code.. 1-10(a)(2)
See: LAND DEVELOPMENT CODE Franchise regulations generally.See:FRAN-
Recreation board 54-26 et seq. CHISES(Appendix A)
See:PARKS AND RECREATION Purchasing regulations 2-218(9)
Uniform procedures and requirements.... 2-171 Signs
Land development code regulations94-1 et seq.
BOATS,DOCKS AND WATERWAYS See:LAND DEVELOPMENT CODE
Exhaust of motorboats
Noises,enumeration of prohibited 34-153(6) BOOKS
Flood damage prevention 90-26 et seq. Library 46-1 et seq.
See:LAND DEVELOPMENT CODE See:LIBRARY
Supp. No.20 CDi:3
CAPE CANAVERAL CODE
Section Section
BOTTLED GAS BUILDINGS(Cont'd.)
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 Local planning agency 58-56 et seq.
Corporate limits See:PLANNING AND DEVELOPMENT
Definitions and rules of construction... 1-2 Old building sewers 78-80
Franchise regulations in general. See: Permits and miscellaneous fees
FRANCHISES(Appendix A) Fees schedule in general. See: FEES
Land development code regulations re zon- (Appendix B)
ing 110-26 et seq. Plan checking fee
See:LAND DEVELOPMENT CODE Fees schedule in general. See: FEES
(Appendix B)
BREVARD COUNTY. See: COUNTY
Public service tax 70-26 et seq.
BRIDGES See:TAXATION
Subdivisions Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE DIS-
Land development code regulations.... 98-1 et seq. POSAL
See:LAND DEVELOPMENT CODE Street excavations 66-61 et seq.
BRUSH.See:WEEDS AND DEAD VEGETA- See: STREETS, SIDEWALKS AND
TION OTHER PUBLIC WAYS
Weeds and dead vegetation 34-121 et seq.
BUDGET See: WEEDS AND DEAD VEGETA-
City manager TION
Powers and duties 2-101(4) BULK CONTAINERS
BUFFERS AND BUFFERING Solid waste 62-1 et seq.
Flood damage prevention 90-26 et seq. See: SOLID WASTE
See: LAND DEVELOPMENT CODE BULKHEADS
Tree protection,land clearing 102-36 et seq. Subdivisions
See:LAND DEVELOPMENT CODE Land development code regulations.... 98-1 et seq.
BUILDINGS. See also: LAND DEVELOP-
MENTSee:LAND DEVELOPMENT CODE
CODE BURGLAR ALARMS.See:ALARM SYSTEMS
Beautification board 2-181 et seq.
See: BEAUTIFICATION BOARD BURNING
Building appearance and maintenance 34-98 Solid waste 62-11(b)
Building code BURYING/BURIAL
Generally 82-31 et seq. Solid waste 62-11(c)
Unsafe building abatement code 82-56 et seq. Trash,rubble or other debris 34-41
Buildings and building regulations.
See: LAND DEVELOPMENT BUSINESS AND CULTURAL DEVELOP-
CODE MENT BOARD
Building sewers and connections 78-76 et seq. Advisory capacity 22-34
See: SEWERS AND SEWAGE DIS- Composition 22-28
POSAL Definitions 22-26
Community appearance review board .... 22-36 et seq. Established 22-27
See:COMMUNITY APPEARANCE RE- Indebtedness 22-35
VIEW BOARD Purpose and duties 22-33
Concurrency management 86-1 et seq. BUSINESSES
See:LAND DEVELOPMENT CODE Local business tax 70-66 et seq.
Construction noise 34-154 See: TAXATION
Fees schedule in general. See: FEES (Ap- Outdoor entertainment events
pendix B) Local business tax receipt required .... 10-49
Flood damage prevention 90-26 et seq. Parks and recreation
See: LAND DEVELOPMENT CODE Commercial beach vendor franchises... 54-5
Franchise regulations generally.See:FRAN- Sexually oriented businesses, adult enter-
CHISES(Appendix A) tainment establishments
Impact fees 2-231 et seq. Local business tax receipts/home occu-
See: IMPACT FEES pations 10-128
Supp. No. 20 CDi:4
CODE INDEX
Section Section
BUSINESSES(Cont'd.) CITY(Cont'd.)
Solicitors,peddlers and itinerant vendors. 16-26 et seq. Corporate limits
See: PEDDLERS, CANVASSERS AND Definitions and rules of construction1-2
SOLICITORS Definitions and rules of construction 1-2
Solid waste 62-1 et seq. Flood damage prevention 90-26 et seq.
See:SOLID WASTE See:LAND DEVELOPMENT CODE
Franchise regulations in general. See:
C FRANCHISES(Appendix A)
Library board
CABLE TELEVISION Liability of city limited 46-31
Franchise regulation generally.See:FRAN- Solid waste
CHISES(Appendix A) Authority of city to collect 62-3
CALLINGS Ownership by city 62-4
Local business tax 70-66 et seq. Street excavations
See: TAXATION Authority of city 66-64
City's right to restore surface 66-69
CAMPING Liability of city 66-62
Sleeping and camping in public areas and
beaches 50-4 CITY ATTORNEY
Council
CANALS Attendance at meetings 2-127
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
Lope, CAPE CANAVERAL. See:CITY City attorney
Duties
CAPITAL EXPANSION PLANS City manager 2-126
Impact fee 2-237 Powers and duties 2-101(2)
Compensation
CAPITAL EXPANSION TRUST FUND
Established for councilmembers other
Impact fees 2-236 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
Consideration of matters before council 2-66
CHARTER
Definitions and rules of construction 1-2 General discussion 2-68
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
(111.111110f by city 34-185 Special meetings 2-57
Redemption prior to sale by city 34-187 Workshop meetings 2-58
Supp.No. 20 CDi:5
CAPE CANAVERAL CODE
Section Section j
CITY COUNCIL(Cont'd.) CODE ENFORCEMENT(Cont'd.)
Ordinances and resolutions Form(citation) 2-288
Preparation prior to meeting 2-59 Intent;purpose 2-280
Regular meetings 2-56 Issuance procedure 2-287
Special meetings 2-57 Payment of penalty;court hearings.... 2-289
Subdivisions Training of code enforcement officers .. 2-284
Plats and lot splits Violation;penalties;general 2-286
Final plat Code enforcement board
Planning and zoning board and Created 2-256
city council review; general Liens; application for satisfaction or re-
criteria for approval 98-61 lease of 2-260
Uncontested elections 2-27 Membership 2-257
Workshop meetings 2-58 Powers and duties 2-258
CITY MANAGER Responsibilities 2-258
Violations and penalties
Acting city manager 2-102 Prosecution of violations with no crim-
Civil emergencies final penalty 2-259
Persons authorized to declare 18-2 Criminal nuisance abatement board
Criminal nuisance abatement board 2-292 et seq. Appeal 2-298
See: CODE ENFORCEMENT Criminal nuisances established; viola-
Powers and duties 2-101 tions 2-295
CITY TREASURER Enforcement procedures; notice; hear-
Fees schedule in general. See: FEES (Ap- ing 2-296
pendix B) Establishment; membership; meetings;
definitions 2-293
CIVIL EMERGENCIES Penalties;fines;liens;recording 2-297
Authority;governor's;president 18-7 Powers 2-294
Definitions 18-2 Purpose and intent 2-292
Duration and termination of emergency .. 18-4
Emergency powers and measures 18-3 CODE OF ORDINANCES* J
Persons authorized to declare emergency 18-2 Altering Code 1-13
Sale of goods, services, or materials at Amendments to Code 1-11
unconscionable prices 18-5 Catchlines of sections 1-3
Violations and penalties 18-6 Certain ordinances not affected by Code.. 1-10
Chapters or sections, references to 1-5
CLERK. See: CITY CLERK Code does not affect prior offenses,rights,
CLUBS etc. 1-8
Persons; definitions and rules of construc-
tion
Definitions and rules of construction 1-2
extended and applied to 1-2 Effect of repeal of ordinances 1-9
General penalty; attorneys' fees and costs 1-15
COASTAL CONSTRUCTION History notes 1-4
Coastal construction code 82-88 et seq. How Code designated and cited 1-1
Buildings and building regulations.See: Provisions considered as continuation of
LAND DEVELOPMENT CODE existing ordinances 1-7
CODE ENFORCEMENT References and editor's notes 1-6
Abandoned vehicles Severability of parts of Code 1-14
Code enforcement board hearing proce- Supplementation of Code 1-12
dure 34-183 CODES
Buildings and building regulations City election code adopted 26-1
Citations; unlicensed contractors; fail- Technical codes. See that subject
ure to obtain building permit 82-375 et seq.
Citations(code enforcement) COMMITTEES AND COMMISSIONS. See:
Applicable codes, ordinances; class vio- BOARDS, COMMITTEES AND COM-
lation 2-283 MISSIONS
Citation powers;personal investigation;
reasonable cause 2-285 *Note—The adoption, amendment, repeal, omissions, effec-
Citation program,authorization of 2-282 tive date,explanation of numbering system and other matters
Classes of violations,penalties 2-291 pertaining to the use,construction and interpretation of this
Definitions 2-281 Code are contained in the adopting ordinance and preface
Enter upon property,authorization to 2-290 which are to be found in the preliminary pages of this volume. J
Supp. No. 20 CDi:6
CODE INDEX
Section Section
COMMUNICATION SERVICES CONTRACTORS(Cont'd.)
Franchise regulations in general. See: Contractors and subcontractors
FRANCHISES(Appendix A) Special requirements for 70-85
Public service tax
Generally 70-26 et seq. CONTRACTS AND AGREEMENTS
See:TAXATION Certain ordinances not affected by Code.. 1-10(a)
City attorney
COMMUNITY APPEARANCE REVIEW Duties 2-126(6)
BOARD Code does not affect prior contracts estab-
Board lishing or occurring 1-8
Established 22-37 Franchise agreements 66-1
Membership 22-37 Franchise regulations in general. See:
Proceedings of the board 22-39 FRANCHISES(Appendix A)
Qualifications of members 22-37 Land development code
Compliance with other code provisions 22-41 Concurrency management system
Concept plans 22-45 Transportation facility proportionate
Permits fair-share mitigation program
Appeals and review 22-46 Proportionate fair-share agreements 86-28
Application criteria 22-44 Purchasing 2-216 et seq.
Approval prerequisite for permits 22-40 See:PURCHASES AND PURCHASING
Building permits;enforcement 22-47 Right-of-way use agreements 66-1
Notice of approval or denial 22-43 Vested rights agreements 115-10
Procedure 22-42
Statement of findings and purpose 22-36 CORPORATE LIMITS
Definitions and rules of construction 1-2
COMMUNITY DEVELOPMENT
Business and cultural development board. 22-26 et seq. COUNCIL. See: CITY COUNCIL
Community appearance review board .... 22-36 et seq. COUNTY
LINIO? Land development code regulations re zon-
ing 110-26 et seq. Animal control ordinance 14-26 et seq.
See:LAND DEVELOPMENT CODE See:ANIMALS AND FOWL
Definitions and rules of construction 1-2
COMPETITIVE BIDS Flood damage prevention 90-26 et seq.
Purchasing 2-216 et seq. See:LAND DEVELOPMENT CODE
See:PURCHASES AND PURCHASING
COURTS
COMPREHENSIVE PLAN Code enforcement citations
Local planning agency Payment of penalty;court hearings.... 2-289
Designation of agency,department,corn- Costs for police education and training... 50-3
mittee or person to prepare corn- Kelo vs.City of New London court decision
prehensive plan 58-58 re economic development and emi-
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 CULTURAL DEVELOPMENT. See: BUSI-
Sanitary sewer system 78-26 et seq. NESS AND CULTURAL DEVELOP-
See: SEWERS AND SEWAGE DIS- MENT BOARD
POSAL
CYCLONES
CONNECTIONS
Civil emergencies 18-1 et seq.
Sewer connections 78-27 et seq.
See: CIVIL EMERGENCIES
See: SEWERS AND SEWAGE DIS-
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
‘1111100f CONTRACTORS DEBRIS. See also:SOLID WASTE
Local business tax Burial of debris 34-41
Supp.No. 20 CDi:7
CAPE CANAVERAL CODE
Section Section NeiI
DEDICATIONS DRAINS AND DRAINAGE(Cont'd.)
Land development code regulations re zon- Sanitary sewer system 78-26 et seq.
ing 110-26 et seq. See: SEWERS AND SEWAGE DIS-
See: LAND DEVELOPMENT CODE POSAL
Plats or subdivisions Street excavations 66-61 et seq.
Certain ordinances not affected by Code 1-10(a)(12) See: STREETS, SIDEWALKS AND
DEEDS OTHER PUBLIC WAYS
Subdivisions
Certain ordinances not affected by Code.. 1-10(a)(2) Land development code regulations 98-1 et seq.
DELEGATION OF AUTHORITY See:LAND DEVELOPMENT CODE
Definitions and rules of construction 1-2 DRUNKS AND DRUNKENNESS
DENSITY Alcoholic beverages 6-1 et seq.
Land development code regulations re zon- See:ALCOHOLIC BEVERAGES
ing 110-26 et seq. DUNES
See: LAND DEVELOPMENT CODE Parking prohibited 74-59
DEPARTMENTS AND OTHER AGENCIES Wetlands protection 106-26 et seq.
OF CITY.See also:BOARDS,COMMIT- See: LAND DEVELOPMENT CODE
TEES AND COMMISSIONS
City manager E
Powers and duties 2-101(6)
Definitions and rules of construction 1-2 EARTHQUAKES
Delegation of authority Civil emergencies 18-1 et seq.
Definitions and rules of construction... 1-2 See: CIVIL EMERGENCIES
Fire department 38-56 et seq. EASEMENTS
See: FIRE PREVENTION
Subdivisions
Joint authority Land development code regulations.... 98-1 et seq.
Definitions and rules of construction 1-2 See: LAND DEVELOPMENT CODE
Local planning agency 58-56 et seq.
See:PLANNING AND DEVELOPMENT ECONOMIC DEVELOPMENT
Police department 42-26 Eminent domain powers of council re 2-70
DEVELOPMENT DISTRICTS ELECTIONS
Land development code regulations re zon- Certain ordinances not affected by Code 1-10(a)(16)
ing 110-26 et seq. Early voting exemption 26-5
See:LAND DEVELOPMENT CODE Penalties for violations 26-2
Qualifying period
DEVELOPMENT.See:PLANNING AND DE- Generally 26-3
VELOPMENT State election code adopted 26-1
DISCHARGES ELECTRICITY
Sewers 78-96 et seq. Fees schedule in general. See: FEES (Ap-
See: SEWERS AND SEWAGE DIS- pendix B)
POSAL Franchise regulations in general. See:
DISCRIMINATION FRANCHISES(Appendix A)
Cable television franchise. See: FRAN- Public service tax 70-26 et seq.
CHISES(Appendix A) See: TAXATION
Gas franchise agreement. See: FRAN- Signs
CHISES(Appendix A) Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
DISTRICTS
Land development code regulations re zon- EMERGENCIES
ing 110-26 et seq. Civil emergencies 18-1 et seq.
See:LAND DEVELOPMENT CODE See: CIVIL EMERGENCIES
Emergency pad-mounted generators
DRAINS AND DRAINAGE Zoning requirements 110-484
Concurrency management 86-1 et seq. Fire protection services; emergency medi-
See: LAND DEVELOPMENT CODE cal services 38-56
Flood damage prevention 90-26 et seq. Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE See: LAND DEVELOPMENT CODE
Supp. No. 20 CDi:8
CODE INDEX
LIIII0e
Section Section
EMERGENCIES(Cont'd.) ENVIRONMENT(Cont'd.)
Franchise regulations in general. See: Street excavations 66-61 et seq.
FRANCHISES(Appendix A) See: STREETS, SIDEWALKS AND
Land development code OTHER PUBLIC WAYS
Signs;emergency response system 94-77 Tree protection,land clearing 102-36 et seq.
Outdoor entertainment events See: LAND DEVELOPMENT CODE
Permit;emergency suspension or cancel- Weeds and dead vegetation 34-121 et seq.
lation of permitted outdoor enter- See: WEEDS AND DEAD VEGETA-
tainment event 10-77 TION
Purchase 2-221 Wetlands protection 106-26 et seq.
Sanitary sewer system See:LAND DEVELOPMENT CODE
Termination of service and emergency . 78-58 EXCAVATIONS
Services Building sewers 78-83
Alarm systems 30-26 et seq. Fees schedule in general. See: FEES(Ap-
See:ALARM SYSTEMS pendix B)
Fees schedule in general. See: FEES Sanitary sewer system 78-26 et seq.
(Appendix B) See: SEWERS AND SEWAGE DIS-
Street excavations 66-70 POSAL
EMINENT DOMAIN Street excavations 66-61 et seq.
Re economic development 2-70 See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
EMPLOYEES. See: OFFICERS AND EM- EXHAUST
PLOYEES Discharge into open air
ENCROACHMENT Noises,enumeration of prohibited 34-153(6)
Property maintenance standards 34-91 et seq. EXPLOSIONS/EXPLOSIVES
See: PROPERTY MAINTENANCE Civil emergencies 18-1 et seq.
‘11111109' STANDARDS See:CIVIL EMERGENCIES
Fireworks 38-81 et seq.
ENGINEER.See:CITY ENGINEER See:FIREWORKS
ENGINEERS AND ENGINEERING
Street excavations F
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
AND AMUSEMENT PLACES Franchise regulations in general. See:
FRANCHISES(Appendix A)
ENVIRONMENT Franchise regulations in general. See:
Abandoned property 34-176 et seq. FRANCHISES(Appendix A)
See:ABANDONED PROPERTY Interpret law
Land development code regulations re zon- City attorney
ing 110-26 et seq. Duties 2-126(3)
See: LAND DEVELOPMENT CODE Vehicles for hire
Lights 34-206 et seq. Application of provisions to vehicle, op-
See:LIGHTS AND LIGHTING erator regulator by federal govern-
Litter 34-26 et seq. went 80-2
See: LITTER FEES
Noise 34-151 et seq. Alarm systems
See:NOISE Fees charged 30-31
Property maintenance standards 34-91 et seq. Permit fees 30-27
See: PROPERTY MAINTENANCE Certain ordinances not affected by Code 1-10(a)(7)
STANDARDS Franchise regulations in general. See:
Sanitary sewer system 78-26 et seq. FRANCHISES(Appendix A)
Loof See: SEWERS AND SEWAGE DIS- Impact fees 2-231 et seq.
POSAL See: IMPACT FEES
Supp. No. 20 CDi:9
CAPE CANAVERAL CODE
Section Section J
FEES(Cont'd.) FINES, FORFEITURES AND OTHER PEN-
Outdoor entertainment events ALTIES(Cont'd.)
Permit;fees and deposits 10-73 Effect of repeal of ordinances on penalties
Parks and recreation incurred 1-9(b)
Commercial beach vendor franchises Franchise regulations in general. See:
Franchise fee 54-5(c) FRANCHISES(Appendix A)
Sewer fees where owner has private water General penalty; attorneys' fees and costs 1-15
supply 78-154 Penalties for specific acts,omissions,viola-
Sexually oriented businesses, adult enter- tions,etc. See specific subjects as in-
tainment establishments license dexed
Annual license fee 10-103
Application;fee 10-95 FIRE AND RESCUE IMPACT FEES
Solid waste Fees schedule in general. See: FEES (Ap-
Schedule of fees 62-5 pendia B)
Street excavations permit fee 66-83 FIRE DEPARTMENT. See: FIRE PREVEN-
Vehicles for hire TION
Driver's permit fee 80-55
Fees to be in addition to other taxes and FIRE LANES
charges 80-3 Designation of 74-62
FENCES, WALLS, HEDGES AND ENCLO- FIRE PREVENTION
SURES Alarm systems generally 30-26 et seq.
Land development code regulations re zon- See:ALARM SYSTEMS
ing 110-26 et seq. Bottled gas
See:LAND DEVELOPMENT CODE Use restrictions;permit required 38-5
Signs Conformance 38-34
Land development code regulations.... 94-1 et seq. Doors to businesses or public halls 38-6
See:LAND DEVELOPMENT CODE Fire chief
Duties 38-58
FINANCES Fire department
,.....)
Building sewers Fire protection services;emergency med-
Cost of installation 78-78 ical services 38-56
Certain ordinances not affected by Code.. 1-10(a)(2) Volunteer fire department 38-57
Court costs for police education and train- Fire inspectors
ing 50-3 Designated as city code inspectors 38-3
Franchise regulations in general. See: Life Safety Code re 38-29
FRANCHISES(Appendix A) Fire lanes,designation of 74-62
Impact fees 2-231 et seq. Fire prevention codes
See: IMPACT FEES Florida Fire Prevention Code
Library board expenditures 46-27 Adopted 38-26
Personal property control 2-207 Inspector 38-27
Public service tax 70-26 et seq. Land development code; zoning
See:TAXATION Nonconformities
Purchasing 2-216 et seq. Intent;rules of interpretation;build-
See:PURCHASES AND PURCHASING ing and fire codes;definitions 110-191
Quarterly report of income and expendi- Life Safety Code
tures 2-206 Adopted 38-28
Sewer impact fees Fire inspector 38-29
Payment 78-122 Lockboxes required 38-32
Use of funds 78-127 Fire protection services; emergency medi-
Travel reimbursement policies and proce- cal services 38-56
dures 2-300 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
Supp.No. 20 CDi:10
CODE INDEX
LINr+ Section Section
FIRE PREVENTION(Cont'd.) FRANCHISES(Appendix A)
Impact fees generally 2-231 et seq. (Note—Citations herein refer to articles
See: IMPACT FEES and sections contained within Appen-
Inspector dix A Franchises)
Florida Fire Prevention Code 38-27 Cable television franchise
Life Safety Code. See herein: Fire Preven- Basic service I-26
tion Codes City rights in franchise I-19
Lockboxes City's rights of intervention I-23
Fire prevention code requirements 38-32 Compliance with applicable laws and
Required 38-32 regulations I-5
Private entry gates 38-33 Conditions of street occupancy I-13
Safety fees 38-2 Customer service standards I-9
Smoke detectors to have battery backup.. 38-7 Definitions I-2
Violations and penalties 38-1 Emergency use of facilities by city I-10
Volunteer fire department 38-57 Erection,removal,and common user job
poles I-24
FIREWORKS Forfeiture of franchise 1-22
Application for permit;fees 38-83 Grant of non-exclusive franchise 1-4
Attending firefighters 38-88 Legislative findings I-3
Definitions 38-81 Liability and indemnity provision I-7
Insurance 38-86 Maps and additional reports to be filed
Investigation of applicant; issuance or de- by grantee I-20
nial of permit 38-84 Other business activities 1-11
Operators 38-85 Payment to city 1-21
Private use, storage, display prohibited; Preferential or discriminatory practices
public displays authorized by permit prohibited I-14
only 38-82 Public service I-28
Lie Storage of materials 38-87 Quality of service 1-27
Removal of facilities upon request I-15
FIRMS Re-regulation I-25
Persons;definitions and rules of construc- Restrictions on assignment,transfer,sale
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
Effective date II-28
FLOODLIGHTS Facilities requirements II-2
Spill-over lighting requirements 34-206 et seq. Franchise fee II-5
See: LIGHTS AND LIGHTING Grant of electric utility franchise: term
of franchise II-1
FLORIDA RAILROAD AND PUBLIC UTILI- Grantor's right to audit II-12
TIES COMMISSION Grantor's rights of intervention II-22
Franchise regulations in general. See: Headings: entire agreement; governing
FRANCHISES(Appendix A) law II-21
FLORIDA. See: STATE Incorporation into code 11-27
Indemnification I1-3
FORFEITURE.See:FINES,FORFEITURES Infrastructure hardening II-16
AND OTHER PENALTIES Jurisdiction and venue II-23
LIPOI
Legislative or regulatory action II-9
FOWL. See:ANIMALS AND FOWL Most favored nations 11-6
Supp.No. 20 CDi:11
CAPE CANAVERAL CODE
Section Section
FRANCHISES(Appendix A)(Cont'd.) FUEL GAS. See: GAS
No joint venture I1-18
Noncompetition by grantor II-7 FUEL OIL
Notices II-19 Public service tax 70-26 et seq.
Preferential or discriminatory practices See: TAXATION
prohibited I1-17
Qualified severability II-24 G
Rates, rules and regulations of grantee II-4
Renewable energy II-13 GARAGE SALES
Repeal of prior inconsistent ordinance, Land development code regulations re zon-
resolutions and agreements II-26 ing 110-26 et seq.
Smart grid technology II-15 See: LAND DEVELOPMENT CODE
Undergrounding of facilities II-14 GARBAGE AND TRASH.See:SOLID WASTE
Gas franchise agreement
Books and records available to city III-XIV GAS
Definitions III-IV Franchise regulations in general. See:
Design and construction provisions III-XIII FRANCHISES(Appendix A)
Effective date of franchise;term III-VI Public service tax 70-26 et seq.
Franchise fees III-IX See: TAXATION
Franchise operation III-VII GENDER
Forfeiture or revocation III-X
Grant of franchise III-V Definitions and rules of construction 1-2
Indemnification and hold harmless .... III-XII GENERATORS
Liability and insurance III-XI Emergency pad-mounted generators
Miscellaneous provisions III-XVII Zoning requirements 110-484
Preferential or discriminatory practices
prohibited III-XV GIFTS
Purpose and goals III-III Purchasing procedure 2-226(b)
Recitals III-I GLASS CONTAINERS
Service standards III-XVI Park and recreation prohibitions 54-1
Short title IIIII
Transfer of ownership or control III-VIII GRADES AND GRADING
Telephone Concurrency management 86-1 et seq.
Company liability: indemnification IV-4 See: LAND DEVELOPMENT CODE
Compliance with applicable law and or- Flood damage prevention 90-26 et seq.
dinances IV-3 See: LAND DEVELOPMENT CODE
Conditions on street occupancy IV-5 Street excavations 66-61 et seq.
Definitions IV-1 See: STREETS, SIDEWALKS AND
Fees paid by company IV-7 OTHER PUBLIC WAYS
Grant of permission IV-2 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
Supp.No. 20 CDi:12
CODE INDEX
Le.
Section Section
HAZARDOUS MATERIALS AND SUB- HURRICANES
STANCES(Cont'd.) Civil emergencies 18-1 et seq.
Solid waste generally 62-1 et seq. See:CIVIL EMERGENCIES
See: SOLID WASTE
Specifically 62-11(d) I
HEALTH AND SANITATION IMPACT FEES
Abandoned property 34-181 et seq. Capital expansion plans 2-237
See:ABANDONED PROPERTY Capital expansion trust funds
Local planning agency 58-56 et seq. Collection;deposit 2-236(b)
See:PLANNING AND DEVELOPMENT Established 2-236(a)
Sanitary sewer system 78-26 et seq. Use 2-236(c)
See: SEWERS AND SEWAGE DIS- Certain ordinances not affected by Code 1-10(a)(18)
POSAL Exemptions 2-232
Solid waste 62-1 et seq. Fees schedule in general. See: FEES (Ap-
See: SOLID WASTE pendix B)
Tree protection,land clearing 102-36 et seq. Land development code
See:LAND DEVELOPMENT CODE Concurrency management system
Weeds and dead vegetation 34-121 et seq. Transportation facility proportionate
See: WEEDS AND DEAD VEGETA- fair-share mitigation program
TION Impact fee credit for proportionate
fair-share mitigation 86-27
HEIGHT Levy and purpose 2-231
Land development code regulations re zon- Partial waiver authorized 2-235
ing 110-26 et seq. Payment 2-234
See: LAND DEVELOPMENT CODE Sanitary sewer impact fees 78-121 et seq.
Outdoor entertainment events See: UTILITIES
Permit;temporary structures;integrity, Schedules 2-233
height,location 10-69 Sewers 78-121 et seq.
See: SEWERS AND SEWAGE DIS-
HOME OCCUPATIONS POSAL
Construction noise 34-154
Land development code regulations re zon- IMPRISONMENT.See:PRISONS AND PRIS-
ing 110-26 et seq. ONERS
See: LAND DEVELOPMENT CODE IMPROVEMENTS. See: PUBLIC WORKS
Sexually oriented businesses, adult enter- AND IMPROVEMENTS
tainment establishments
Local business tax receipts/home occu- INDECENCY AND OBSCENITY
pations 10-128 Sexually oriented businesses, adult enter-
tainment establishments 10-86 et seq.
HOOTING Obscenity;indecent exposure unlawful10-89
Noises,enumeration of prohibited 34-153(4)
INDIVIDUALS
HORNS Persons; definitions and rules of construc-
Noises,enumeration of prohibited 34-153(1) tion extended and applied to 1-2
HOUSING INSPECTIONS
Flood damage prevention 90-26 et seq. Building inspection service 82-21
See:LAND DEVELOPMENT CODE Building sewers
Land development code Notice for 78-79
Zoning Code enforcement citations
Rental restrictions on dwelling units 110-487 Enter upon property,authorization to2-290
Resort dwellings; resort condomini- Flood damage prevention 90-26 et seq.
ums;nonconforming use status, See: LAND DEVELOPMENT CODE
expiration 110-486 Reinspection fees
Property maintenance standards 34-91 et seq. Fees schedule in general. See: FEES
See: PROPERTY MAINTENANCE (Appendix B)
STANDARDS Signs
Public service tax Land development code regulations.... 94-1 et seq.
Lie Generally 70-26 et seq. See: LAND DEVELOPMENT CODE
See:TAXATION Street excavations 66-63
Supp.No. 20 CDi:13
CAPE CANAVERAL CODE
Section Section J
INSPECTIONS(Cont'd.)
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 94-1 et 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 3
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. 20 CDi:14
CODE INDEX
‘111111e
Section Section
LAND DEVELOPMENT CODE LAND DEVELOPMENT CODE(Cont'd.)
Abandoned signs 94-62(a) Concurrency management
Aesthetic requirements of signs 94-65 Generally 86-1 et seq.
Alleys See herein: Concurrency Manage-
Subdivision design standards 98-110 ment
Alterations Existing building inspections 82-20
Natural surface waters 90-173 General 82-8
Appeals and arbitrations Hazardous occupancies 82-17
Concurrency management 86-3 Inspection service 82-21
Area Liability 82-7
Subdivisions 98-5 Local business tax receipt required for
Zoning requirement 10-336 et seq. contractors 82-2
See within this title:Zoning Numbering of buildings and property
Areas of shallow flooding(AO zones) Administration 82-368
Flood hazard standards 90-68 Assignment of numbers 82-369
Awnings and canopies 94-82 Numbering multiple-family structures 82-370
Blocks Posting and specifications of numbers 82-371
Subdivision design standards 98-106 Purpose 82-366
Boundary line survey System established; incorporation of
Subdivisions 98-93 map 82-367
Permit intent 82-14
Bridges Permitting and inspection 82-13
Subdivisions Proof of competency 82-1
Design standards 98-116 Property maintenance code, interna-
Buffers
tional
Protection of trees and vegetation of Adopted 82-221
buffers 102-41 Public right-of-way 82-19
Buildings and building regulations Records 82-6
(1411111e Additional data 82-16 Restrictions on employees 82-5
Building code,Florida Revocation of permits 82-11
Adopted 82-31 Right of entry 82-9
Appeals 82-33 Schedule of permit fees 82-15
Establishment of construction board Special foundation permit 82-18
of adjustment and appeals 82-32 Stop work orders 82-10
Procedures of the board 82-34 Tests 82-22
Building department 82-3 Unsafe building abatement code, stan-
Employee qualifications 82-4 dard
Citations; unlicensed contractors; fail- Adopted 82-56
ure to obtain building permit Unsafe buildings or systems 82-12
Administrative hearings; accrual of Bulkheads and retaining walls
penalties 82-383 Subdivision design standards 98-118
Appeals of code enforcement board Burials
decisions 82-384 Stormwater management
Citation form 82-378 Bury inspections 90-195(2)
Construction contracting violations, C-1 Low Density Commercial District. See
citation authorized for 82-377 also herein:Zoning
Correction of violation; payment of Signs in 94-99
penalty;notice of hearing 82-382 C-2 Low Density Commercial District.See
Findings 82-376 also herein:Zoning
Intent;purpose 82-375 Signs in 94-99
Notices 82-386 Canals
Penalty 82-379 Subdivision design standards 98-117
Recording code enforcement board or- Certificate of completion
ders 82-385 Subdivisions 98-83
Refusal to sign citation 82-380 City
Stop work 82-381 Stormwater management master plan,
Coastal construction code compliance with city plan 90-164
Structural requirements for major Subdivisions,review of preliminary plat 98-45
structures 82-88 Civil penalties
Lige, Design conditions 82-89 Tree protection,land clearing 102-37
Supp.No. 20 CDi:15
CAPE CANAVERAL CODE
Section Section V
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Coastal construction code 82-88 et seq. Cross jurisdictional impacts 86-30
See herein:Buildings and Building Reg- Determining proportionate fair-share
ulations obligation 86-26
Coastal high hazard areas(V zones) General requirements 86-23
Flood hazard regulations 90-65 Impact fee credit for proportionate
Codes.See also herein:Buildings and Build- fair-share mitigation 86-27
ing Regulations Intergovernmental coordination 86-24
Building code 82-31 et seq. Proportionate fair-share agreements 86-28
Coastal construction code 82-88 et seq. Purpose and intent 86-21
Property maintenance code 82-221 et seq. Vested rights 86-13
Unsafe building abatement code 82-56 et seq. Conservation
Compliance certification Water conservation 90-176
Expiration of concurrency compliance Construction
certification 86-9 Coastal construction code 82-88 et seq.
Concurrency management system See herein: Buildings and Building
Appeals 86-3 Regulations
Application for concurrency evaluation86-5 Stormwater management
Concurrency evaluation finding of deft- Construction methods and materials 90-180
ciency 86-7
Conditional approval of development or- Subdivisions 98-66 et seq.
ders or permits See herein: Subdivisions
Building permit 86-12(2) Control elevation
Subdivision plats and site plans 86-12(1) Stormwater management 90-181
Criteria for evaluation of levels of ser- Corner lots
vice of public facilities Signs 94-64(c)
Building permits of insignificant im- County
pact 86-6(1) Stormwater management master plan,
Drainage facilities 86-6(7) compliance with county 90-164
Parks and open space 86-6(6) Criminal penalties
Potable water facilities 86-6(4) Tree protection, land clearing 102-38
Sanitary sewer facilities 86-6(3) Decision making
Solid waste facilities 86-6(5) Concurrency evaluation, responsibility
Transportation facilities 86-6(2) for decision making in 86-4
Cumulative level-of-service records .... 86-10 Dedication
Decision making in concurrency evalua- Stormwater management 90-191
tion,responsibility for 86-4 Design standards
Definitions 86-2 Stormwater management 90-161 et seq.
Duration concurrency compliance certi- See herein: Floods
fication after issuance of develop- Subdivisions 98-106 et seq.
ment permit See herein: Subdivisions
Commercial, industrial or multifam- Detention and retention areas
ily developments 86-8(4) Banks of 90-172
Individual single-family development 86-8(3) Configuration of shoreline of 90-174
Residential subdivision or phase or Stormwater management 90-162
unit thereof, including planned Development
unit development 86-8(2) Concurrency management
Site development plan approval 86-8(1) Generally 86-1 et seq.
Expiration of concurrency compliance See herein: Concurrency Manage-
certification 86-9 ment
Operating systems,procedure and task Districts
Concurrency monitoring 86-11(b) Zoning districts. See herein: Zoning
Measuring potential impacts 86-11(c) Drainage
Overall concurrency management 86-11(a) Concurrency management
Purpose and intent 86-1 Generally 86-1 et seq.
Transportation facility proportionate fair- See herein: Concurrency Manage-
share mitigation program ment
Applicability 86-22 Stormwater management
Application process 86-25 Compatibility with adjacent systems 90-171
Appropriation of fair-share revenues 86-29 Subdivision improvements 98-91J
Supp.No. 20 CDi:16
CODE INDEX
LIIII0f
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Easements Performance standards
Subdivision design standards 98-108 Stormwater management 90-146 et seq.
Electronic signs 94-78 See within this subheading:
Elevation,floodproofing and siting Stormwater Management
Subdivision improvements 98-88 Permits
Enforcement 94-105 Stormwater management 90-131 et seq.
Final acceptance of work See within this subheading:
Subdivisions 98-94 Stormwater Management
Flashing signs prohibited 94-6(d) Stormwater management
Flood damage prevention 90-26 et seq. Definitions 90-116
See herein:Floods Design standards
Floodplain protection 90-91 et seq. Accommodation of stormwaters
See herein:Floods onsite and offsite 90-167
Floods Alteration of natural surface wa-
Flood damage prevention ters 90-173
Abrogation and greater restriction .. 90-33 Banks of detention and retention
Administrator areas 90-172
Designation of 90-46 Best management practices 90-163
Duties and responsibilities of 90-47 Certification 90-169
Areas of special flood hazard Compatibility with adjacent drain-
Applicability of provisions 90-30 age system 90-171
Basis for establishing 90-31 Compliance with county or city
Compliance with provisions 90-32 stormwater management
Definitions 90-26 master plan 90-164
Development permit Configuration of shoreline of deten-
Establishment of 90-48 tion and retention areas .... 90-174
Loy
Procedures 90-49 Configurations creating stagnant
Findings of fact 90-27 water conditions 90-166
Flood hazard reduction Conformance to standards 90-161
Coastal high hazard areas(V zones) 90-65 Construction methods and materi-
Elevated buildings 90-62(d) als 90-180
Floodways 90-64 Control elevation 90-181
General standards 90-61 Detention and retention system .. 90-162
Generally 90-62(a) Directing runoff 90-165
Manufactured homes and recre- Discharge volumes, notification of 90-179
ational vehicles,standards for 90-63 Native vegetation buffers 90-177
Nonresidential construction 90-62(c) Natural surface waters used as sed-
Residential construction 90-62(b) iment traps 90-175
Streams without established base Phased developments 90-178
flood elevation and floodways, Proper functioning 90-168
standards for 90-66 Surface water channeled into san-
Interpretation 90-34 itary sewers 90-170
Objectives 90-29 Water reuse and conservation.... 90-176
Penalties for violation 90-36 Enforcement and penalties 90-120
Statement of purpose 90-28 Maintenance
Subdivision proposals, standards for 90-67 Applicant as acceptable entity.... 90-192(c)
Areas of shallow flooding (AO Dedications 90-191
zones),standards for 90-68 Failure to maintain 90-194
Variance procedure 90-50 Inspection 90-195
Warning and disclaimer of liability.. 90-35 Maintenance by approved entity
Floodplain protection Acceptable responsible entity 90-192(a)
Definitions 90-91 Phased projects 90-192(b)
Development in designated floodplains 90-93 Plan for operation and mainte-
Prohibited uses 90-94 nance program 90-193
Purpose and intent 90-92 Performance standards
Maintenance Computation 90-146
Stormwater management 90-191 et seq. Rainfall intensity 90-147
Llsof See within this subheading: Water quality requirements 90-149
Stormwater Management Water quantity requirements 90-148
Supp.No. 20 CDI:17
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Permit Mitigation
Application Wetlands protection 106-31
Information required 90-134 Native vegetation buffers
Plan required 90-133 Stormwater management 90-177
Exemptions 90-132 Natural surface waters
Required 90-131 Alteration of 90-173
Previous approvals,standards of.... 90-119 Sediment traps,used as 90-175
Purpose and intent 90-117 Obstructions
Relationship to other stormwater man-
Signs,obstruction of free ingress or egress 94-6(b)
agement requirements 90-118
Variances 90-121 Off-premises signs 94-80
Grading code. See herein: Excavation and Off-site signs
Grading Code Generally 94-6(g)
Ground signs 94-64(f),94-84 Open burning
Hardship variances Natural cover 102-42
Subdivisions 98-4(a) Open space
Hazardous signs 94-62(b) Concurrency management
Height Generally 86-1 et seq.
Signs 94-64(e) See herein: Concurrency Manage-
Home occupation signs 94-83 ment
Implied consent 94-110 Parks and recreation areas
Ingress or egress Concurrency management
Signs,obstruction of 94-6(b) Generally 86-1 et seq.
Inspections See herein: Concurrency Manage-
Signs ment
By administrator 94-36 Performance standards
Generally 94-37 Stormwater management 90-146 et seq.
Stormwater management 90-195 See herein: Floods
Subdivisions 98-80 et seq. Permanent markers
See herein: Subdivisions Subdivision improvements 98-87
Land clearing Permit numbers
Tree protection 102-36 et seq. Signs,display of 94-64(d)
See herein:Tree Protection
Landscaping Permits
Concurrency management
List of recommended landscaping plants 102-44 Conditional approval of development
Lights and lighting orders of permits 86-12
Signs 94-63
Location Signs 94-31 et seq.
Measurements See herein: Signs
Signs 94-64(e) Stormwater management permit 90-131 et seq.
Lots See herein:Floods
Subdivision design standards 98-107 Subdivision construction permit 98-69 et seq.
M-1 Light Industrial and Research and See herein: Subdivisions
Development District.See also herein: Tree protection,land clearing 102-39, 102-40
Zoning Permitted uses
Signs 94-99 Wetlands protection 106-29
Maintenance Phased developments
Stormwater management 90-191 et seq. Stormwater management 90-178
See herein: Floods Planning and zoning board
Manufactured homes and recreational ve- Subdivisions
hides Powers of 98-3
Special flood hazard areas, standards Preliminary plat
for 90-63 Review by planning and zoning
Master plans board,city council 98-46
Stormwater management, compliance Plats
with city or county master plan .. 90-164 Subdivision plats 98-31 et seq.
Measurement and placement See herein: Subdivisions
Signs 94-64 Portable signs 94-6(e)
Supp.No. 20 CDi:18
CODE INDEX
LIPP'
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Potable water systems Sewers
Concurrency management Concurrency management
Generally 86-1 et seq. Generally 86-1 et seq.
See herein: Concurrency Manage- See herein: Concurrency Manage-
ment ment
Subdivision design standards 98-112 Subdivision improvements 98-90
Prohibited uses Shopping centers or multi-tenant centers
Floodplain 90-94 Signs
Wetlands protection 106-30 Shopping center or multi-tenant cen-
Projecting signs 94-79 ter in any district 94-100
Property maintenance code 82-221 et seq. Signs
See herein:Buildings and Building Reg- Abandoned signs 94-62(a)
ulations Administrator 94-3
Public facilities Inspection by 94-36
Concurrency management Aesthetic requirements of signs 94-65
Criteria for evaluation of levels of Awnings and canopies 94-82
service of 86-6 C-1 Low Density Commercial District,
Generally 86-1 et seq. C-2 Commercial.Manufacturing
See herein: Concurrency Manage- District and M-1 Light Industrial
ment and Research and Development Dis-
Public sites and open spaces trict 94-99
Subdivision design standards 98-109 Conformance to provisions 94-7
R-1 Low Density Residential District. See Definitions 94-1
also herein: Zoning Electronic signs 94-78
Signs 94-96 Emergency response system 94-77
R-2 Medium Density Residential District. Enforcement 94-105
(11111111100 See also herein: Zoning Exemptions 94-4
Signs 94-97 Fees
R-3 Medium Density Residential DistrictInspections and permits 94-35
See also herein: Zoning Ground signs 94-84
Signs 94-98 Hazardous signs 94-62(b)
Rainfall intensity Home occupation signs 94-83
Stormwater management 90-147 Identification 94-8
Records Implied consent 94-110
Concurrency management Inspection
Cumulative level-of-service records.. 86-10 By administrator 94-36
Remedies Fees 94-35
Subdivisions 98-6 Notice for 94-37
Reuse Lighting 94-63
Water reuse 90-176 Maintenance,notice to repair 94-11
Revegetation Measurement and placement, criteria
Tree protection 102-43 and standards for
Rights-of-way Area 94-64(a)
Signs on 94-6(c) Combinations of signs 94-64(b)
Roadways Corner lots 94-64(c)
Concurrency management Display of permit number 94-64(d)
Generally 86-1 et seq. Ground signs 94-64(f)
See herein: Concurrency Manage- Height,setback and location measure-
ment ments 94-64(e)
Sanitary sewer system Size limits 94-64(g)
Generally 78-26 et seq. Off-premises signs
See: SEWERS AND SEWAGE DIS- Generally 94-80
POSAL Temporary off-premises signs 94-81
Subdivision design standards 98-113 Penalty for violation 94-5
Sediment traps Permits
Natural surface waters used as 90-175 Application for;review time limits .. 94-32
Setbacks Fees 94-35
L. Signs 94-64(e) Issuance of 94-33
Severability 94-120 Required 94-31
Supp. No.20 CDi:19
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Revocation of 94-34 Inspection 98-80
Placement Notification 98-82
Restrictions on 94-61 Permit
Prohibited signs and sign features Approval of plans and specifica-
Flashing signs prohibited 94-6(d) tions 98-73
Obstruction of free ingress or egress. 94-6(b) Issuance 98-75
Off-site signs 94-6(g) Master survey point 98-74
Portable signs 94-6(e) Procedures 98-70
Public utility poles and trees, signs Required;penalty 98-69
on 94-6(a) Review 98-72
Rights-of-way,signs on 94-6(c) Submission of construction plans
Vehicles,signs on 94-6(f) and specifications 98-71
Projecting signs 94-79 Terms;revocation 98-76
Purpose and scope 94-2 Submission of data 98-81
R-1 Low Density Residential District .. 94-96 Definitions 98-1
R-2 Medium Density Residential Dis- Final plats
trict 94-97 Construction of 98-70(2)
R-3 Medium Density Residential Dis- Flood hazard standards 90-67
trict 94-98
Severability 94-120 Improvements
Shopping center or multi-tenant center Boundary line survey 98-93
PP g Design standards
in any district 94-100
Temporary off-premises signs 94-81 Alleys 98-110
Temporary on-premises signs 94-76 Blocks 98-106
Traffic hazard,signs constituting 94-62(c) Bridges 98-116
Variances 94-85 Bulkheads or retainer walls 98-118
Viewpoint neutral 94-115 Canal 98-117
Wind pressure and dead load 94-9 Easements 98-108
Site plan Lots 98-107
Wetlands protection development requir- Potable water systems 98-112
ing 106-28 Public sites and open spaces 98-109
Size limits Sanitary sewer system 98-113
Signs 94-64(g) Streets, roads and alleys
Solid waste Generally 98-114
Concurrency management Technical specifications 98-115
Generally 86-1 et seq. Surface and storm drainage 98-111
See herein: Concurrency Manage- Development and enforcement of pro-
ment visions 98-86
Stagnant water conditions Drainage 98-91
Configurations 90-166 Elevation 98-88
Stormwater management Final acceptance of work 98-94
Generally 90-116 et seq. Permanent markers 98-87
See herein: Floods Sewers 98-90
Streams without established base flood el- Streets 98-92
evation on floodways Water supply 98-89
Flood hazard standards 90-66 Permits
Streets Construction permits 98-69 et seq.
Subdivisions See within this subheading: Con-
Design standards 98-114,98-115 struction
Improvements 98-92 Planning and zoning board
Names 98-119 Final plat
Subdivisions Planning and zoning board and
Appeals and arbitrations tr98-5 city council review; general
Certificate of completion 98-83 criteria for approval 98-61
City Powers of 98-3
Review of preliminary plan 98-45 Preliminary plats, review 98-46
Construction Plats and lot splits
Certificate of completion Division of land;review and approval
Issuance of 98-83 required; zoning 98-31
Supp. No. 20 CDi:20
CODE INDEX
LIIlle
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
(11111111le Public hearing;notice 98-4(c) Native vegetation buffers 90-177
Wetlands protection requiring subdivi- Vehicles
sion plat 106-28 Signs on 94 6(f)
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 Access
Enforcement and penalties 102-38 C-1 Low Density Commercial District 110-339
Implementing division Generally 110-472
Rules and regulations and fees... 102-51 Offstreet parking 110-493
List of R-1 Low Density Residential District 110-278
Desirable species and plants 102-52 R-2 Medium Density Residential Dis-
Preferred plant list 102-54 trict 110-298
Undesirable species 102-53 R-3 Medium Density Residential Dis-
Minimum tree requirement 102-45 trict 110-318
Open burning of natural cover 102-50 Accessories
Permits 102-39 Swimming pools 110-583
(111111111110e Criteria;exemptions; standards of Accessory uses and structures
review 102-40 C-1 Low Density Commercial District 110-333
Supp.No. 20 CDi:21
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
C-2 Commercial/Manufacturing Dis- Rules for interpretation of district
trict 110-382 boundaries 110-248
Generally 110-468 Breeze requirements
M-1 Light Industrial and Research R-3 Medium Density Residential Dis-
and Development District 110-353 trict, minimum breeze require-
R-1 Low Density Residential District 110-273 ment 110-319
R-2 Medium Density Residential Dis- Building official
trict 110-293 Duties of 110-88
R-3 Medium Density Residential Dis- Building permits
trict 110-313 Residential planned unit develop-
Residential planned unit develop- ments 110-406
ments 110-439 Townhouses 110-378
Administrative review Buildings
Appeal notice,hearing 110-29(b) Continuance of nonconforming struc-
Authority 110-29(a) tures 110-193
Stay of proceedings 110-29(c) Lot and street requirements for 110-255
Alcoholic beverages Nonconforming uses of structures or
Special exceptions for establishments of structures and premises in
serving 110-171
Temporary alcoholic beverage per- combination,change of use .... 110-195
Required for commercial uses 110-481
mits 110-172 Setback lines 110-536
Appeals
Structures approved by special excep-
Special exceptions. See herein: Vari- tions 110-161
ances,Special Exceptions,Rezon-
ings,Administrative Appeals C-1 Low Density Commercial District
Annexations Accessory uses and structures 110-333
Zoning classification of 110-256 Area and dimensions 110-336
Antenna Assisted living facilities 110-488
3
Residential use/Satellite dishes 110-478 Intent 110-331
Wireless communications 110-483 Landscaping, screening and parking 110-338
Area Minimum setbacks 110-337
C-1 Low Density Commercial District 110-336 Offstreet parking and access 110-339
Dimension or area reduction below Principal uses and structures 110-332
minimum 110-254 Prohibited uses and structures 110-335
M-1 Light Industrial and Research Special exceptions permissible by
and Development District 110-356 board of adjustment 110-334
R-1 Low Density Residential District 110-276 C-2 Commercial/Manufacturing District
R-3 Medium Density Residential Dis- Accessory uses and structures 110-382
trict 110-316 Area and dimensions 110-385
Residential planned unit develop- Intent 110-380
ments Landscaping, screening and parking 110-387
Minimum lot area 110-439 Minimum setbacks 110-386
Reuse of area used for density calcu- Parking and loading 110-389
lation 110-253 Performance standards 110-388
Townhouses 110-372 Principal uses and structures 110-381
Atomic energy uses 110-480 Prohibited uses and structures 110-384
Board of adjustment 110-2 Special exceptions permissible by
See also herein: Variances, Special board of adjustment 110-383
Exceptions, Administrative Ap- Camping equipment
peals Location of 110-551
Boats and boat trailers Camping equipment,boats and boat trail-
Living aboard 110-552 ers, location of 110-551
Location of 110-551 Certificate of occupancy
Bonding Hotels and motels 110-122
Residential planned unit develop- Required 110-121
ments 110-407 Commercial districts
Boundaries C-1 Low Density Commercial District 110-331 et seq.
Reconsideration of district boundary See within subheading: C-1 Low
changes 110-139 Density Commercial District
Supp.No.20 CDi:22
CODE INDEX
(hire
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
C-2 Commercial/Manufacturing Dis- Development schedule
trict 110-380 et seq. Townhouses 110-379
See within this subheading: C-2 Development standards
Commercial/Manufacturing Residential planned unit develop-
District ments 110-444
Landscaping and screening between Dimensions
commercial or industrial zoning C-1 Low Density Commercial District 110-336
districts and residential zoning M-1 Light Industrial and Research
districts 110-566
Commercial uses and Development District 110-356
Buildings required for 110-481 Offstreet loading 110-507
Common recreation and open space R-1 Low Density Residential District 110-276
Residential planned unit develop R-2 Medium Density Residential Dis-
ments,minimum 110-404, 110- trict 110-296
438 R-3 Medium Density Residential Dis-
Complaints of violations 110-90 trict 110-316
Conflicts with other ordinances 110-86 Townhouses 110-372
Conformity to plans, specifications, in- Districts
tendment uses and applications .. 110-91 Annexations, zoning classification of 110-256
Construction Application of district requirements. 110-249
Swimming pools 110-581 Conformity 110-250
Courts,minimum width of 110-473 Dimension or areas reduction below
Dedication minimum 110-254
Public easement 110-477 Duplicate use of setbacks,open space,
Public land 110-476 parking space 110-252
Definitions 110-1 Lot and street requirements for struc-
Density
LIIII101 C-1 Low Density Commercial District 110-331 et seq. tures 110-255
See within subheading: C-1 Low Official zoning map
Density Commercial District Adopted 110-246
R-1 Low Residential District 110-271 et seq. Replacement 110-247
See within subheading: R-1 Low Reconsideration of district boundary
Residential District changes 110-139
R-2 Medium Density Residential Dis- Regulations for specific districts. See
trict 110-291 et seq. within specific districts as in-
See within subheading: R-2 Me- dexed
dium Density Residential Dis- Reuse of area used for density calcu-
trict lations 110-253
R-3 Medium Density Residential Dis- Rules for interpretation of district
trict 110-311 et seq. boundaries 110-248
See within subheading: R-3 Me- Structure, height, maximum use, lot
dium Density Residential Dis- area,setbacks 110-251
trict Unusual uses or uses not specifically
Residential planned unit develop- permitted 110-257
ments Drainage systems
Maximum density 110-437 Residential planned unit develop-
Reuse of area used for density calcu- ments 110-404
lation 110-253
Development districts Dune crossovers
M-1 Light Industrial and Research R-3 Medium Density Residential Dis-
and Development District 110-351 et seq. trict 110-320
See within this subheading: M-1 Easements
Light Industrial and Research Dedicated public easements 110-477
and Development District Emergency pad-mounted generators 110-484
Development plans Encroachments
Residential planned unit develop- Setbacks 110-328
ments 110-421 et seq. Fences,walls and hedges 110-470
See within this subheading: Resi- Floor area
dential Planned Unit Devel- Residential planned unit develop-
opments ments,minimum 110-441
Supp.No. 20 CDi:23
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Frontage Location
Residential planned unit develop- Offstreet loading 110-507
ments 110-439 Recreational vehicles,camping equip-
Garage sales 110-467 ment,boats and boat trailers .. 110-551
Generators Spaces
Emergency pad-mounted generators. 110-484 Offstreet parking 110-492
Height Swimming pools 110-581
District 110-251 Lots
Exceptions to regulations 110-471 Area
Home occupations District 110-251
Local business tax receipt required.. 110-523 Residential planned unit develop-
Permitted home occupations 110-521 ments 110-439
Requirements 110-522 Erection of more than one principal
Hotels and motels structure on 110-537
Certificate of occupancy 110-122 Requirements for structures 110-255
Individually platted lots Low density commercial district
Townhouses 110-377 C-1 Low Density Commercial District 110-331 et seq.
Industrial districts See within subheading: C-1 Low
Landscaping and screening between Density Commercial District
commercial or industrial zoning Low density residential district
districts and residential zoning R-1 Low Residential District 110-271 et seq.
districts 110-566 See within subheading: R-1 Low
M-1 Light Industrial and Research Density Residential District
and Development District 110-351 et seq. M-1 Light Industrial and Research and
See within this subheading: M-1 Development District
Light Industrial and Research Accessory uses and structures 110-353
and Development District Area and dimension 110-356
Intersections Intent 110-351
Visibility at 110-469 Landscaping, screening and parking 110-358
Interpretation of provisions 110-87 Minimum setbacks 110-357
Land Parking and loading 110-360
Continuance of nonconforming uses Performance standards 110-359
of 110-194 Principal uses and structures 110-352
Landscaping and vegetation Prohibited uses and structures 110-355
C-1 Low Density Commercial District 110-338 Special exceptions permissible by
C-2 Commercial/Manufacturing Dis- board of adjustment 110-354
trict 110-387 Maximum use
Interior landscaping for offstreet park- District 110-251
ing areas 110-567 Medium density residential district
Landscaping and screening between R-2 Medium Density Residential Dis-
commercial or industrial zoning trict 110-291 et seq.
districts and residential zoning See within subheading: R-2 Me-
districts 110-566 dium Density Residential Dis-
M-1 Light Industrial and Research trict
and Development District 110-358 R-3 Medium Density Residential Dis-
Length of structures trict 110-311 et seq.
Residential planned unit develop- See within subheading: R-3 Me-
ments,maximum 110-440 dium Density Residential Dis-
Light industrial districts trict
M-1 Light Industrial and Research Mobile home parks
and Development District 110-351 et seq. Nonconforming uses 110-192
See within this subheading: M-1 Nonconformities
Light Industrial and Research Abandonment 110-197
and Development District Continuance of nonconforming struc-
Liquefied petroleum gas 110-485 tures 110-193
Loading Continuance of nonconforming uses
M-1 Light Industrial and Research of land 110-194
and Development District 110-360 Intent; rules of interpretation; build-
Local business tax receipt required 110-523 ing and fire codes;definitions.. 110-191
Supp. No. 20 CDi:24
CODE INDEX
L Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Mobile home parks and single-family Permits
mobile home districts 110-192 Application 110-107
Nonconforming lots of record 110-196 Expiration 110-108
Nonconforming uses of structures or Required 110-106
of structures and premises in Temporary alcoholic beverage per-
combination;change of use .... 110-195 mits 110-172
Repairs and maintenance 110-198 Permitted home occupation 110-521
Special permit 110-200 Permitted uses
Temporary uses 110-199 Residential planned unit develop-
Number of spaces ments 110-403
Offstreet parking 110-491 Townhouses 110-371
Official zoning map Physical review
Adopted 110-246 Residential planned unit develop-
Replacement 110-247 ments 110-405
Offstreet loading Planning and zoning board 110-3
Location and dimensions of space... 110-507 Preservation
Requirements spaces 110-506 Residential planned unit develop-
Offstreet parking ments 110-445
Access 110-493 Principal uses and structures
C-1 Low Density Commercial District 110-339 C-1 Low Density Commercial District 110-332
Interior landscaping for offstreet park- C-2 Commercial/Manufacturing Dis-
ing areas 110-567 trict 110-381
Location spaces 110-492 M-1 Light Industrial and Research
Number of spaces required 110-491 and Development District 110-352
R-1 Low Density Residential District 110-278 R-2 Medium Density Residential Dis-
R-2 Medium Density Residential Dis- trict 110-292
trict 110-298 Private roads and other related common
(1111111109' R-3 Medium Density Residential Dis- facilities
trict 110-318 Residential planned unit develop-
Residential planned unit develop- ments 110-404
ments 110-442 Prohibited uses and structures
Townhouses 110-374 C-2 Commercial/Manufacturing Dis-
Open space trict 110-384
Duplicate use of 110-252 M-1 Light Industrial and Research
Parking and Development District 110-355
C-1 Low Density Commercial District 110-338 R-1 Low Density Residential District 110-275
C-2 Commercial/Manufacturing Dis- R-2 Medium Density Residential Dis-
trict 110-387, 110- trict 110-295
389 R-3 Medium Density Residential Dis-
Certain vehicles 110-554 trict 110-315
M-1 Light Industrial and Research Public land
and Development District 110-358, 110- Dedicated 110-476
360 R-1 Low Density Residential District
R-3 Medium Density Residential Dis- Accessory uses and structures 110-273
trict Area and dimensions 110-276
Protection of public beach-end park- Intent 110-271
ing 110-321 Minimum setbacks 110-277
Parking space Offstreet parking and access 110-278
Duplicate use of 110-252 Principal uses and structures 110-272
Paving of vehicular use area 110-555 Prohibited uses and structures 110-275
Penalties for violations 110-89 Special exceptions permissible by
Performance standards board of adjustment 110-274
Application of 110-466 R-2 Medium Density Residential Dis-
M-1 Light Industrial and Research trict 110-296
and Development District 110-359 Accessory uses and structures 110-293
Permissible uses and structures Area and dimension 110-296
R-1 Low Density Residential District 110-272 Intents 110-291
L R-3 Medium Density Residential Dis- Minimum setbacks 110-297
Dis-
trict 110-312 Offstreet parking and access 110-298
Supp.No. 20 CDi:24.1
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.)
Principal uses and structures 110-292
Prohibited uses and structures 110-295
Special exceptions permissible by
board of adjustment 110-294
R-3 Medium Density Residential Dis-
trict
Accessory uses and structures 110-313
Areas and dimensions 110-316
Assisted living facilities 110-488
Dune crossovers required 110-320
Intent 110-311
Minimum breeze requirement 110-319
Minimum setbacks 110-317
Offstreet parking and access 110-318
Principal uses and structures 110-312
Prohibited uses and structures 110-315
Protection of public beach-end park-
ing 110-321
Special exception permissible by board
of adjustment 110-314
Recreational vehicles
Location of 110-551
Regulations pertaining to specific dis-
tricts. See within specific districts
as indexed
Rental restrictions on dwelling units110-487
Repairs and maintenance
Nonconformities 110-198
3
Supp.No. 20 CDi:24.2
CODE INDEX
L
Section Section
MOBILE HOMES AND MOBILE HOME MOTOR VEHICLES AND TRAFFIC(Cont'd.)
PARKS(Cont'd.) 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
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
‘111111 Designation of 74-62
Handbills MOTORBOATS. See: BOATS, DOCKS AND
Placing in vehicles 34-52 WATERWAYS
Land development code regulations re zon-
ing 110-26 et seq. MUFFLERS
See:LAND DEVELOPMENT CODE Noises,enumeration of prohibited 34-153(6)
Litter MUSICAL INSTRUMENTS
Throwing by person in vehicles 34-33
Maps Noises,enumeration of prohibited 34-153(2)
Truck routes 74-31
No parking zone,authority to establish74-58 N
Noises
Exhausts 34-153(6) NATURAL DISASTERS. See: CIVIL EMER-
Horns,signal devices 34-153(1) GENCIES
Out of repair vehicles 34-153(7)
Out of repair vehicles NATURAL GAS
Noises,enumeration of prohibited 34-153(7) Public service tax 70-26 et seq.
Overnight parking 74-61 See:TAXATION
Parking,stopping and standing
County's civil traffic infraction hearing NOISE
officer program adopted 74-63 Construction noise 34-154
Dune parking prohibited 74-59 Declaration of policy to prohibit noise .... 34-151
Fire lanes,designation of 74-62 Enumeration of prohibited noises 34-153
No parking zones,authority to establish 74-58 Land development code regulations re zon-
Overnight parking 74-61 ing 110-26 et seq.
Penalties 74-57 See:LAND DEVELOPMENT CODE
Prohibited in rights-of-way 74-56.5
State law adopted 74-56 NUDITY
Truck parking 74-60 Alcoholic beverage establishments
Signs Nudity on premises where served, con-
Land development code regulations 94-1 et seq. sumed or stored 6-27
‘1101e See:LAND DEVELOPMENT CODE Sexually oriented businesses, adult enter-
Truck routes 74-32 tainment establishments 10-86 et seq.
Supp.No. 20 CDi:29
CAPE CANAVERAL CODE
Section Section V
NUISANCES OFFENSES(Cont'd.)
Abandoned property generally 34-181 et seq. Effect of repeal of ordinances and offenses
See:ABANDONED PROPERTY committed 1-9(b)
Criminal nuisance abatement board 2-292 et seq. General penalty; attorneys' fees and costs 1-15
See: CODE ENFORCEMENT Penalties for specific acts,omissions,viola-
General penalty; attorneys' fees and costs 1-15(b) tions, etc. See specific subjects as in-
Noise generally 34-151 et seq. dexed
See:NOISE State misdemeanor acts adopted,penalties 50-1
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE OFFICERS AND EMPLOYEES
STANDARDS Acting city manager 2-102
Spill-over lighting 34-206 et seq. Animal control officer 14-27
See:LIGHTS AND LIGHTING City clerk
Weeds and vegetation 34-121 et seq. Duties 2-116
See: WEEDS AND DEAD VEGETA- City manager 2-101 et seq.
TION Powers and duties 2-101
Notice to remedy notices 34-123 Classification
Public nuisances prohibited 34-122 Certain ordinances not affected by Code 1-10(a)(14)
Definitions and rules of construction 1-2
NUMBERS AND NUMBERING Delegation of authority
Definitions and rules of construction 1-2 Definitions and rules of construction... 1-2
Numbering of buildings and property 82-366 et seq. Fire chief 38-58
See:LAND DEVELOPMENT CODE Joint authority
Vehicles for hire 80-76(e) Definitions and rules of construction... 1-2
Number of passengers carried 80-79 Police chief 42-26
Precinct supervisor 42-26
0 Salaries
Certain ordinances not affected by Code 1-10(a)(14)
OATH,AFFIRMATION,SWEAR OR SWORN Sergeant at arms
Definitions and rules of construction 1-2 City council 2-63
3
Travel reimbursement policies and proce-
OBLIGATIONS dures
Certain ordinances not affected by Code.. 1-10(a)(2) Reimbursement policy and procedures
for official travel 2-300
OBNOXIOUS SUBSTANCES
Property maintenance standards 34-91 et seq. ORDINANCES,RESOLUTIONS, ETC.
See: PROPERTY MAINTENANCE City attorney
STANDARDS Duties 2-126(4)
City council
OBSCENITY. See: INDECENCY AND OB- Preparation of ordinances and resolu-
SCENITY tions prior to meetings 2-59
County animal control ordinance 14-26 et seq.
OBSTRUCTIONS See:ANIMALS AND FOWL
Signs Franchise regulations in general. See:
Land development code regulations.... 94-1 et seq. FRANCHISES(Appendix A)
See: LAND DEVELOPMENT CODE Street abandonment,ordinance required . 66-39
Solid waste collection 62-11
OUTDOOR ADVERTISING
OCCUPANCY Signs
Franchise regulations in general. See: Land development code regulations.... 94-1 et seq.
FRANCHISES(Appendix A) See:LAND DEVELOPMENT CODE
OCCUPATIONAL LICENSE TAX. See: TAX- OUTDOOR ENTERTAINMENT EVENTS
ATION Compliance with other laws 10-48
Definitions 10-47
OFFENSES General provisions 10-46
Abandoned property 34-181 et seq. Local business tax receipt required 10-49
See:ABANDONED PROPERTY Penalties and enforcement 10-50
Certain ordinances not affected by Code.. 1-10(a)(1) Permit
Code does not affect prior offenses 1-8 Alcohol sales and consumption 10-62
Court costs for police education and train- Application 10-61
ing 50-3 Cleanup and damage deposit 10-66
Supp.No. 20 CDi:30
CODE INDEX
(1111illie
Section Section
OUTDOOR ENTERTAINMENT EVENTS PARKS AND RECREATION(Coned.)
(Cont'd.) Fees schedule in general. See: FEES (Ap-
Closure or gating of public property and pendix B)
streets 10-64 Glass container prohibited 54-1
Emergency suspension or cancellation of Impact fees generally 2-231 et seq.
permitted outdoor entertainment See: IMPACT FEES
event 10-77 Litter
Fees and deposits 10-73 Throwing in river or other body of water
Insurance requirements 10-63 in parks 34-36
Life and public safety requirements.... 10-75 Open fires restricted 54-3
Location of public parking; transporta- Park hours 54-2
tion services 10-67 Recreation board
Metered parking 10-72 Duties 54-28
Other permits and licenses 10-74 Established 54-26
Other public gatherings 10-65 Indebtedness 54-29
Revocation of permits 10-76 Street excavations 66-61 et seq.
Temporary structures;integrity,height, See: STREETS, SIDEWALKS AND
location 10-69 OTHER PUBLIC WAYS
Turtle protection 10-68 Vessels regulated 54-46 et seq.
Vendors 10-70 See: BOATS, DOCKS AND WATER-
Water craft,use of 10-71 WAYS
OWNER Wetlands protection 106-26 et seq.
Definitions and rules of construction 1-2 See: LAND DEVELOPMENT CODE
PARTNERSHIPS
P Persons;definitions and rules of construc-
PARKING tion extended and applied to 1-2
Le. General regulations 74-56 et seq.
See: MOTOR VEHICLES AND TRAF- PEDDLERS, CANVASSERS AND SOLICI-
FIC TORS
Outdoor entertainment events Definitions 16-26
Permit Fraud 16-30
Location of public parking;transpor- Harassment prohibited 16-28
tation services 10-67 Parks and recreation
Metered parking 10-72 Commercial solicitation 54-4
Permission to enter premises required6-27
PARKS AND RECREATION Permit
Alcoholic beverages Appeals 16-56
Ocean Beach 6-53 Application 16-52
Possession and consumption 6-52 Badge for solicitors 16-57
Animals Exhibition of permit on request 16-58
Prohibited in parks 14-28 Investigation; denial or issuance of; re-
Beautification board 2-181 et seq. cord 16-53
See:BEAUTIFICATION BOARD Notice of hearing 16-55
Boats,vessels regulated 54-46 et seq. Required 16-51
See: BOATS, DOCKS AND WATER- Revocation 16-54
WAYS Report of violations 16-31
Commercial beach vendor franchises 54-5
Authority 54-5(a) Solicitor to leave when requested 16-29
Award of franchise 54-5(b) PENALTIES. See: FINES, FORFEITURES
Franchise fee 54-5(c) AND OTHER PENALTIES
Identification requirements 54-5(g)
Location of commercial beach vending 54-5(h) PERSON
Manner and conduct of beach vending 54-5(e) Definitions and rules of construction 1-2
Minimum appearance/dress requirements 54-5(f)
Minimum requirements of franchisees . 54-5(d) PERSONNEL. See: OFFICERS AND EM-
Termination or suspension of franchise. 54-5(i) PLOYEES
Commercial solicitation 54-4
cle Concurrency management 86-1 et seq. PHONOGRAPHS
See:LAND DEVELOPMENT CODE Noises,enumeration of prohibited 34-153(2)
Supp. No. 20 CDi:31
•
CAPE CANAVERAL CODE
Section Section
PHOTOGRAPHY PLANNING AND DEVELOPMENT(Cont'd.)
Motion and still photography production Street excavations 66-61 et seq.
permits See: STREETS, SIDEWALKS AND
Application for permit 16-66 OTHER PUBLIC WAYS
City manager to act as agent for city 16-64 Subdivisions
Definitions 16-63 Land development code regulations.... 98-1 et seq.
Nonexemption from other city Code re- See: LAND DEVELOPMENT CODE
quirements 16-67 Tree protection,land clearing 102-36 et seq.
Purposes 16-61 See: LAND DEVELOPMENT CODE
Recovery of costs for extraordinary ser- Vested rights 115-1 et seq.
vices 16-68 See: VESTED RIGHTS
Required 16-65 PLANT LIFE.See:WEEDS AND DEAD VEG-
Suspension and revocation 16-65 ETATION
Title 16-60
Violations and penalties 16-65 PLATS. See: SURVEYS,MAPS AND PLATS
PIPE LINES PLUMBING
Franchise regulations in general. See: Fees schedule in general. See: FEES (Ap-
FRANCHISES(Appendix A) pendix B)
Flood damage prevention 90-26 et seq.
PLANNED UNIT DEVELOPMENTS See: LAND DEVELOPMENT CODE
Land development code regulations re zon- Public service tax 70-26 et seq.
ing 110-26 et seq. See:TAXATION
See: LAND DEVELOPMENT CODE Sanitary sewer system 78-26 et seq.
PLANNING AND DEVELOPMENT See: SEWERS AND SEWAGE DIS-
POSAL
Beautification board 2-181 et seq. Maintenance of plumbing system 78-35
Business and cultural development board. 22-26 et seq.
Community appearance review board .... 22-36 et seq. POLES AND WIRES
Comprehensive plan Cable television franchise. See: FRAN-
Designation of agency,department,corn- 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: POLICE DEPARTMENT
FRANCHISES(Appendix A) Court costs for police education and train-
Impact fees generally 2-231 et seq. ing 50-3
See: IMPACT FEES Fees schedule in general. See: FEES (Ap-
Land development code regulations re zon- pendix B)
ing 110-26 et seq. Police department
See: LAND DEVELOPMENT CODE Duties of chief of police and/or precinct
Local planning agency supervisor 42-26
Designation and establishment 58-56 Vehicles for hire
Designation of agency,department,corn- Receiving police radio calls prohibited;
mittee or person to prepare corn- radios which may be used 80-81
prehensive plan 58-58
Duties and responsibilities 58-57 POLITICAL SIGNS
Notice requirement for amendments to fu- Signs
ture land use map 58-1 Land development code regulations.... 94-1 et seq.
Plan checking fee See:LAND DEVELOPMENT CODE
Fees schedule in general. See: FEES
(Appendix B) PROCEEDINGS.See:SUITS,ACTIONS AND
Planning and zoning board 110-3 OTHER PROCEEDINGS
See: LAND DEVELOPMENT CODE PROFESSIONS
Sanitary sewer system 78-26 et seq. Local business tax 70-66 et seq.
See: SEWERS AND SEWAGE DIS- See:TAXATION
POSAL
Signs PROPERTY
Land development code regulations.... 94-1 et seq. Abandoned property generally 34-180 et seq.
See:LAND DEVELOPMENT CODE See:ABANDONED PROPERTY
Supp.No. 20 CDi:32
CODE INDEX
Section Section
PROPERTY(Cont'd.)
Code enforcement citations
Enter upon property (inspection war-
rant) 2-290
Criminal nuisance abatement board 2-292 et seq.
See: CODE ENFORCEMENT
Eminent domain powers re economic devel-
opment 2-70
L
L
Supp.No. 20 CDi:32.1
J
This page is intentionally left blank
J
J
CODE INDEX
(110 r` Section Section
SOLID WASTE(Cont'd.) STORMWATER DRAINAGE(Cont'd.)
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) STORMWATER MANAGEMENT
Yard waste 62-9(c)
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(1) STREETS,SIDEWALKS AND OTHER PUB-
Obstruction 62-11(a) LIC WAYS
Unlawful accumulations 62-11(d) Alcoholic beverages
Unlawful disposal 62-11(e) Possession and consumption 6-51
SOUND AMPLIFIERS Beach end streets
Noises,enumeration of prohibited 34-153(3) Camping prohibited 50-4
Beautification board generally 2-181 et seq.
STATE See:BEAUTIFICATION BOARD
Abandoned property Cable television franchise
Notification of owner;following removal Conditions of street occupancy. See:
by city FRANCHISES(Appendix A)
Documentation filed with state 34-185(e) Certain ordinances not affected by Code.. 1-10(a)(5)
Definitions and rules of construction 1-2 Concurrency management system 86-1 et seq.
Election code adopted 26-1 See: MOTOR VEHICLES AND TRAF-
Law FIC
City attorney Excavations
Duties 2-126(3) City
Misdemeanor acts adopted,penalty 50-1 Authority of city 66-64
Parking,state law adopted 74-56 Right to restore surface 66-69
Vehicles for hire Cleanup 66-68
Application of provisions to vehicle, op- Emergencies 66-70
erator regulator by state govern- Engineering details 66-66
ment 80-2 Guarantee 66-67
Inspections 66-63
STORAGE
Abandoned vehicles on private property .. 34-181 Liability of city 66-62
Method of installation 66-65
Fireworks Penalty 66-61
Private use,storage,display prohibited; Permit
public displays authorized by per- Application 66-82
mit only 38-82 Deposits 66-84
Storage of materials 38-87 Fee 66-83
Temporary storage units 82-400
Inspections 66-85
STORMWATER DRAINAGE Required 66-81
Certain ordinances not affected by Code.. 1-10(a)(17) Fire lanes,designation of 74-62
Stormwater drainage utility Franchise agreements 66-1
Creation 78-275 Franchise regulations in general. See:
Definitions,construction 78-277 FRANCHISES(Appendix A)
Determination of ERUs 78-301 Grades
Fee,stormwater 78-300 Certain ordinances not affected by Code 1-10(a)(10)
Looe Findings,determinations,powers 78-276 Handbills
Operating budget 78-278 Throwing or distributing in public places 34-51
Supp.No. 20 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.)
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:PLANNING AND DEVELOPMENT SUBDIVISIONS
Noise Beautification board generally 2-181 et seq.
Enumeration of prohibited 34-153(4) See: BEAUTIFICATION BOARD
Open containers Dedicating or accepting
Prohibited in motor vehicles 6-68 Certain ordinances not affected by Code 1-10(a)(12)
Outdoor entertainment events Fees schedule in general. See: FEES (Ap-
Permit;closure or gating of public prop- pendix B)
erty and streets 10-64 Flood damage prevention 90-26 et seq.
Parks and recreation areas 54-1 et seq. See: LAND DEVELOPMENT CODE
See:PARKS AND RECREATION Impact fees generally 2-231 et seq.
Property maintenance standards 34-91 et seq. See: IMPACT FEES
See: PROPERTY MAINTENANCE Land development code
STANDARDS Regulations re subdivisions 98-1 et seq.
Public service tax generally 70-26 et seq. See: LAND DEVELOPMENT CODE
See:TAXATION Regulations re zoning 110-26 et seq.
Right-of-way See:LAND DEVELOPMENT CODE
Use agreements 66-1 Public service tax generally 70-26 et seq. J
Camping prohibited 50-4 See: TAXATION
Signs Purchasing
Land development code regulations94-1 et seq. Prohibition against subdivisions 2-223
See: LAND DEVELOPMENT CODE Sanitary sewer system 78-26 et seq.
Solicitors, peddlers and itinerant mer- See: SEWERS AND SEWAGE DIS-
chants 16-26 et seq. POSAL
See: PEDDLERS, CANVASSERS AND Street excavations 66-61 et seq.
SOLICITORS See: STREETS, SIDEWALKS AND
Solid waste generally 62-1 et seq. OTHER PUBLIC WAYS
See: SOLID WASTE Wetlands protection 106-26 et seq.
Transporting regulations 62-7 See: LAND DEVELOPMENT CODE
Street lights SUITS,ACTIONS AND OTHER PROCEED-
Sea turtle regulations 14-57 INGS
Streets Codes does not affect prior acts committed
Abandonment or done 1-8
Authority 66-36 Effect of repeal of ordinances on suits or
Ordinance required 66-39 proceedings pending 1-9(b)
Petition
For action 66-37 SURFACE DRAINAGE
Procedure 66-38 Subdivisions
Civil liability for damage 66-26 Land development code regulations.... 98-1 et seq.
Speed bumps 66-27 See: LAND DEVELOPMENT CODE
Subdivisions SURVEYS,MAPS AND PLATS
Land development code regulations98-1 et seq. Amendment to zoning map
See:LAND DEVELOPMENT CODE Certain ordinances not affected by Code 1-10(a)(9)
Traffic Dedicating or accepting
Certain ordinances not affected by Code 1-10(a)(8) Certain ordinances not affected by Code 1-10(a)(12)
Travel on other than streets or highways 74-1
Tree protection,land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
Supp. No. 20 CDi:38