HomeMy WebLinkAboutSupplement 19 SUPPLEMENTNO.19
Septemberber2012010
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.05-2010, adopted April 20,2010.
See the Code Comparative Table—Ordinances and Resolutions for further
information.
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xi—xviii xi—xviii
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CCT:21, CCT:22 CCT:21, CCT:22
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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]
PART I
CHARTER
Charter CHT:1
Art. I. [General Provisions] CHT:5
Art. II. General Powers CHT:7
Art. III. Elected Officers, Qualifications and Terms CHT:8
Art. IV. The Mayor, Powers and Duties CHT:9
Art. V. The City Council, Organization and Powers CHT:9
Art. VI. City Manager CHT:9
Art. VII. City Attorney CHT:10
Art. VIII. City Clerk CHT:10
Art. IX. City Tax Assessor CHT:10
Art. X. City Tax Collector CHT:10
Art. XI. City Treasurer CHT:10
Art. XII. Municipal Court CHT:11
Art. XIII. Police Department CHT:11
Art. XIV. Fire Department CHT:11
Art. XV. Public Works CHT:12
Art. XVI. Boards and Agencies CHT:12
Art. XVII. General Finance Provisions, Budget, Audit
and Purchasing CHT:13
Art. XVIII. Revenue and Taxation CHT:14
Art. XIX. Collection of Delinquent Taxes CHT:14
Art. XX. Financing Public Improvements CHT:14
Art. XXI. Elections CHT:14
Art. XXII. Abatement of Nuisances CHT:16
Art. XXIII. Extension of the Corporate Limits CHT:16
Art. XXIV. Miscellaneous CHT:16
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
(111000' 1. General Provisions CD1:1
Supp.No. 19 xi
CAPE CANAVERAL CODE
j
Chapter Page
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
Div. 5. City Treasurer CD2:11
Div. 6. City Engineer CD2:11
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
*NJDiv. 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 CD10:4
Art. IV. Sexually Oriented Business and Adult Enter-
tainment Establishments CD10:6
Art. V. Slot Machines or Devices CD10:45
11-13. Reserved CD11:1
14. Animals CD14:1
Art. I. In General CD14:3
Supp. No. 19 xii
TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. II. County Animal Control Ordinance CD14:3
Art. III. Sea Turtles CD14:3
15. Reserved CD15:1
16. Businesses CD16:1
Art. I. In General CD16:3
Art. II. Solicitors, Peddlers and Itinerant Merchants CD16:3
Div. 1. Generally CD16:3
Div. 2. Permit CD16:3
Art. III. Motion and Still Photography Production Per-
mits CD16:5
17. Reserved CD17:1
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
Lipoo,
26. Elections CD26:1
27-29. Reserved CD27:1
30. Emergency Services CD30:1
Art. I. In General CD30:3
Art. II. Alarm Systems CD30:3
31-33. Reserved CD31:1
34. Environment CD34:1
Art. I. In General CD34:3
Art. II. Litter CD34:3
Div. 1. Generally CD34:3
Div. 2. Handbills CD34:5
Div. 3. Reserved CD34:6
Art. III. Property Maintenance Standards CD34:6
Art. IV. Weeds and Dead Vegetation CD34:11
Art. V. Noise CD34:13
Art. VI. Abandoned Property CD34:14
Art. VII. Lights CD34:19
App. A. Diagram CD34:20
35-37. 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
Live Art. IV. Fireworks CD38:8
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CAPE CANAVERAL CODE
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Chapter Page
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
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 CD54:3
Art. III. Vessel Control and Water Safety CD54:4
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
Supp.No. 19 xiv
TABLE OF CONTENTS—Cont'd.
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Chapter Page
Art. III. Local Business Tax CD70:6
71-73. Reserved CD71:1
74. Traffic and Vehicles CD74:1
Art. I. In General CD74:3
Art. II. Trucks CD74:3
Art. III. Stopping, Standing, Parking CD74:4
75-77. Reserved CD75:1
78. Utilities CD78:1
Art. I. In General CD78:3
Art. II. Sanitary Sewer System CD78:3
Div. 1. Generally CD78:3
Div. 2. Industrial and Commercial Use CD78:5
Subdiv. I. In General CD78:5
Subdiv. II. Building Sewers and Connections CD78:11
Subdiv. III. Discharges CD78:13
Subdiv. IV. Rates and Charges CD78:20
Div. 3. Impact Fees CD78:21
Art. III. Service Rates,Deposits and Billing Procedures CD78:23
Art. IV. Reclaimed Water CD78:25
‘lioe Div. 1. Generally CD78:25
Div. 2. Installation and Inspection of the Reclaimed
Water System CD78:26
Art. V. Stormwater Management CD78:28
Div. 1. Generally CD78:28
Div. 2. Fees and Taxes CD78:31
Div. 3. Administration CD78:35
79. Reserved CD79:1
80. Vehicles for Hire CD80:1
Art. I. In General CD80:3
Art. II. Certificate of Public Convenience and Necessity,
License CD80:4
Art. III. Driver's Permit CD80:5
Art. IV. Regulations CD80:7
81. Reserved CD81:1
Subpart B. Land Development Code CD82:1
82. Buildings and Building Regulations CD82:1
Art. I. General Administrative CD82:3
Art. II. Building Code CD82:7
Art. III. Unsafe Building Abatement Code CD82:8
Art. IV. Coastal Construction Code CD82:9
Art. V. Reserved CD82:9
Art. VI. Reserved CD82:9
Art. VII. Reserved CD82:9
Art. VIII. Reserved CD82:9
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CAPE CANAVERAL CODE
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Chapter Page
Art. IX. International Property Maintenance Code CD82:10
Art. X. Reserved CD82:10
Arts. XI—XIII. Reserved CD82:11
Art. XIV. Numbering of Buildings and Property CD82:11
Art. XV. Citations; Unlicensed Contractors; Failure to
Obtain Building Permit CD82:11
Art. XVI. Temporary Storage Units CD82:14
83-85. Reserved CD83:1
86. Concurrency Management System CD86:1
Art. I. In General CD86:3
Art. II. Transportation Facility Proportionate Fair-
Share Mitigation Program CD86:11
87-89. Reserved CD87:1
90. Floods CD90:1
Art. I. In General CD90:3
Art. II. Flood Damage Prevention CD90:3
Div. 1. Generally CD90:3
Div. 2. Administration CD90:7
Div. 3. Flood Hazard Reduction CD90:10
Art. III. Floodplain Protection CD90:15
Art. IV. Stormwater Management CD90:17
Div. 1. Generally CD90:17
Div. 2. Permit CD90:20
Div. 3. Performance Standards CD90:22
Div. 4. Design Standards CD90:24
Div. 5. Maintenance CD90:26
91. Landscape Irrigation CD91:1
92, 93. Reserved CD92:1
94. Signs CD94:1
Art. I. In General CD94:3
Art. II. Permits and Inspection CD94:10
Art. III. Size, Location and Construction CD94:13
Div. 1. Generally CD94:13
Div. 2. Types of Signs CD94:15
Div. 3. District Regulations CD94:18
95-97. Reserved CD95:1
98. Subdivisions CD98:1
Art. I. In General CD98:3
Art. II. Plats and Lot Splits CD98:7
Div. 1. Generally CD98:7
Div. 2. Preapplication CD98:8
Div. 3. Preliminary Plat CD98:8
Div. 4. Final Plat CD98:11
Div. 5. Lot Splits CD98:13
Supp. No. 19 xvi
TABLE OF CONTENTS-Cont'd.
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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
Lrol 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 CD110:39
Div. 7. Townhouses CD110:43
(1111\00' Div. 8. C-2 Commercial/Manufacturing District CD110:44
Supp. No. 19 xvii
CAPE CANAVERAL CODE
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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 CD110:66.3
Div. 3. Offstreet Loading CD110:66.5
Div. 4. Home Occupations CD110:66.5
Div. 5. Setbacks CD110:66.6
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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Supp. No. 19 xviii
Lore.' Checklist of Up-to-Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page-for-page
substitution basis, it has become evident that through usage and supplementation
many pages can be inserted and removed in error.
The following listing is included in this Code as a ready guide for the user to
determine whether the Code volume properly reflects the latest printing of each
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In the first column all page numbers are listed in sequence. The second column
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been reprinted or printed in the Supplement Service, this column reflects the
identification number or Supplement Number printed on the bottom of the page.
In addition to assisting existing holders of the Code, this list may be used in
compiling an up-to-date copy from the original Code and subsequent Supplements.
Page No. Supp.No. Page No. Supp.No.
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CD103:1 OC CD110:43, CD110:44 17
CD106:1 OC CD110:45 16
CD106:3, CD106:4 OC CD110:46.1, CD110:46.2 11
CD106:5 OC CD110:46.3, CD110:46.4 11
CD107:1 OC CD110:47, CD110:48 OC
CD110:1, CD110:2 18 CD110:49, CD110:50 OC
Lie CD110:2.1 18 CD110:51, CD110:52 OC
CD110:3, CD110:4 17 CD110:53, CD110:54 OC
CD110:5, CD110.6 17 CD110.55, CD110.56 OC
CD110:7, CD110:8 19 CD110:57, CD110:58 OC
CD110:8.1 19 CD110:59, CD110:60 12
CD110:9, CD110:10 16 CD110:60.1 12
CD110:11, CD110:12 18 CD110:61, CD110:62 11
CD110:13, CD110:14 19 CD110:62.1, CD110:62.2 18
CD110:14.1 18 CD110:63 18
CD110:15, CD110:16 17 CD110:64.1, CD110:64.2 5
CD110:17, CD110:18 18 CD110:64.3, CD110:64.4 6
CD110:18.1, CD110:18.2 18 CD110:64.5, CD110:64.6 6
CD110:19, CD110:20 15 CD110:64.7, CD110:64.8 6
CD110:21, CD110:22 17 CD110:65, CD110:66 15
CD110:22.1 17 CD110:66.1, CD110:66.2 16
CD110:23, CD110:24 15 CD110:66.3, CD110:66.4 16
CD110:25, CD110:26 18 CD110:66.5, CD110:66.6 16
CD110:27, CD110:28 18 CD110:66.7 16
CD110:29, CD110:30 16 CD110:67, CD110:68 8
CD110:30.1, CD110:30.2 16 CD110:69, CD110:70 14
[5]
Loof Supp.No. 19
CAPE CANAVERAL CODE
J
Page No. Supp.No. Page No. Supp.No.
CD110:71, CD110:72 17 CCT:13, CCT:14 7
CD111:1 12 CCT:15, CCT:16 8
CD115:1 12 CCT:17, CCT:18 12
CD115:3, CD115:4 12 CCT:19, CCT:20 16
CD115:5, CD115:6 12 CCT:21, CCT:22 19
CD 115:7 12 SLT:1, SLT:2 19
CDA:1, CDA:2 7 SLT:3 19
CDA:3, CDA:4 7 CHTi:1, CHTi:2 OC
CDA:5, CDA:6 7 CHTi:3, CHTi:4 OC
CDA:7, CDA:8 7 CHTi:5 OC
CDA:9, CDA:10 7 CDi:1, CDi:2 19
CDA:11, CDA:12 7 CDi:3, CDi:4 19
CDA:13, CDA:14 7 CDi:5, CDi:6 19
CDA:15, CDA:16 7 CDi:7, CDi:8 19
CDA:17, CDA:18 7 CDi:9, CDi:10 19
CDA:19, CDA:20 7 CDi:11, CDi:12 19
CDA:21, CDA:22 7 CDi:13, CDi:14 19
CDA:23, CDA:24 7 CDi:15, CDi:16 19
CDA:25, CDA:26 7 CDi:17, CDi:18 19
CDA:27, CDA:28 7 CDi:19, CDi:20 19
CDA:29, CDA:30 7 CDi:20.1 19
CDA:31 7 CDi:21, CDi:22 17
CDB:1 OC CDi:23, CDi:24 17
CDB:3, CDB:4 3 CDi:25, CDi:26 19
CDB:5, CDB:6 11 CDi:27, CDi:28 19
CDB:7, CDB:8 12 CDi:29, CDi:30 19
CDB:8.1 12 CDi:31, CDi:32 19
CDB:9, CDB:10 18 CDi:33, CDi:34 19
CDB:11, CDB:12 18 CDi:35, CDi:36 19
CDB:13, CDB:14 18 CDi:37, CDi:38 19
CDB:15, CDB:16 18 CDi:39, CDi:40 19
CDB:17 18 CDi:41, CDi:42 19
CCT:1 OC
CCT:3, CCT:4 OC
CCT:5, CCT:6 OC
CCT:7, CCT:8 OC
CCT:9, CCT:10 OC
CCT:11, CCT:12 OC
[6]
Supp.No. 19
L
Chapter 10
AMUSEMENTS AND ENTERTAINMENTS*
Article I. In General
Secs. 10-1-10-25. Reserved.
Article II. Amusement Device Code
Sec. 10-26. Reserved.
Sec. 10-27. Reserved.
Secs. 10-28-10-45. Reserved.
Article III. Outdoor Entertainment Events
Division 1. Generally
Sec. 10-46. General provisions.
Sec. 10-47. Definitions.
Sec. 10-48. Compliance with other laws.
Sec. 10-49. Local business tax receipt required.
Sec. 10-50. Penalties and enforcement.
Secs. 10-51-10-60. Reserved.
Division 2. Permit
Sec. 10-61. Application.
Sec. 10-62. Alcohol sales and consumption.
Sec. 10-63. Insurance requirements.
Sec. 10-64. Closure or gating of public property and streets.
Sec. 10-65. Other public gatherings.
Sec. 10-66. Cleanup and damage deposit.
Sec. 10-67. Location of public parking;transportation services.
Sec. 10-68. Turtle protection.
Sec. 10-69. Temporary structures;integrity,height, location.
Sec. 10-70. Vendors.
Sec. 10-71. Use of watercraft.
Sec. 10-72. Metered parking.
Sec. 10-73. Fees and deposits.
Sec. 10-74. Other permits and licenses.
Sec."10-75. Life and public safety requirements.
Sec. 10-76. Revocation of permits.
Sec. 10-77. Emergency suspension or cancellation of permitted outdoor en-
tertainment event.
Secs. 10-78-10-85. Reserved.
Article IV. Sexually Oriented Businesses and Adult Entertainment
Establishments
Sec. 10-86. Short title.
Sec. 10-87. Purpose,findings and intent/incorporation of whereas clauses.
Sec. 10-88. Construction.
Sec. 10-89. Obscenity/indecent exposure unlawful.
Sec. 10-90. Definitions.
Sec. 10-91. Notice.
Loo., *Cross reference-Businesses,ch. 16.
Supp.No. 19 CD10:1
CAPE CANAVERAL CODE
Sec. 10-92. Penalties;remedies;relief.
Sec. 10-93. License required.
Sec. 10-94. Responsibilities of other offices and departments.
Sec. 10-95. License application and application fee.
Sec. 10-96. Contents of application.
Sec. 10-97. Continuing duty/false or misleading information.
Sec. 10-98. Consent.
Sec. 10-99. Investigation of applicant.
Sec. 10-100. Issuance or denial of license.
Sec. 10-101. Reasons for denial of application of license.
Sec. 10-102. Reapplication after denial.
Sec. 10-103. Annual license fee.
Sec. 10-104. Contents of license, term of license, renewals,expiration, laps ,
nonconforming establishments.
Sec. 10-105. Records and reports.
Sec. 10-106. Transfer of license.
Sec. 10-107. Establishment name change.
Sec. 10-108. Suspension and revocation of license.
Sec. 10-109. Suspension and revocation proceedings.
Sec. 10-110. Worker records.
Sec. 10-111. General requirements for all adult entertainment establishments
and sexually oriented businesses.
Sec. 10-112. Sexually oriented businesses.
Sec. 10-113. Adult theater provisions.
Sec. 10-114. Adult performance establishment provisions.
Sec. 10-115. Commercial bodily contact establishments provisions.
Sec. 10-116. Escort service.
Sec. 10-117. Engaging in prohibited activity: customers.
Sec. 10-118. Engaging in prohibited activity:workers/operators.
Sec. 10-119. Operation without license.
Sec. 10-120. Operation contrary to operational requirements.
Sec. 10-121. Use of restrooms or dressing rooms.
Sec. 10-122. Minors-Unlawful provisions.
Sec. 10-123. Records-Unlawful provisions.
Sec. 10-124. Hours of operation-Unlawful provisions.
Sec. 10-125. Special prohibitions relating to escorts and escort services-
Unlawful provisions.
Sec. 10-126. Special prohibited acts-Commercial bodily contact-Unlawful
provisions.
Sec. 10-127. Commercial bodily contact establishments-Prohibited; savings
provision.
Sec. 10-128. Occupational licenses/home occupations.
Sec. 10-129. Sexual encounter businesses prohibited/prohibited acts-Unlaw-
ful provisions.
Sec. 10-130. Immunity from prosecution.
Secs. 10-131-10-199. Reserved.
Article V. Slot Machines or Devices
Sec. 10-200. Purpose and intent.
Sec. 10-201. Definitions.
Sec. 10-202. Slot machine or device prohibited.
Sec. 10-203. Exemption.
j
Supp.No. 19 CD10:2
AMUSEMENTS AND ENTERTAINMENTS § 10-47
L
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
(111111100e 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
L1110`" places, ch. 66; buildings and building regulations, ch. 82; entering the beer garden are of legal age to
zoning,ch. 110. purchase and consume alcohol. Alcohol tickets
Supp.No. 19 CD10:3
§ 10-47 CAPE CANAVERAL CODE
3
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
sale of merchandise, food or alcohol, or any corn-
City manager shall mean the city manager for bination of the foregoing, which:
the City of Cape Canaveral.
(1) Involves the use of or impact to public or
City organized events shall mean any outdoor private property, or property dedicated
entertainment event planned and conducted by exclusively for public use;
the city.
(2) Where the nature of such outdoor enter-
Day shall mean calendar days unless specifi- tainment event requires the erection of
cally provided otherwise herein. stages, barricades, utility poles, booths,
Event coordinator shall mean the city staff tents, or other temporary structures, or
the use of parked vehicles or of perma-
person appointed by the city manager to coordi nent structures; and
nate the permitting of outdoor entertainment
events and to implement the permits approved by (3) Which of necessity requires, for the out-
the city manager in accordance with this article. door entertainment event's successful ex-
ecution, the provision and coordination of
Extra personnel hours shall mean the total of municipal services to a degree signifi-
all hours worked by city employees to accomplish cantly over and above that which the city
the necessary administrative, facility mainte- routinely provides under ordinary every-
nance and service, security, sanitary, and over-
day circumstances.
sight components of the outdoor entertainment
event which is the subject of the application, to Outdoor entertainment event permit shall mean
the extent that such hours exceed the total num- a permit granting an applicant the authority to
ber of hours which would have been worked by hold an outdoor entertainment event.
those same city employees had the outdoor enter Outdoor entertainment event production area
tainment event not taken place. Excluded from shall mean the area or areas, not necessarily
this definition are the personnel hours worked by contiguous to each other, including and immedi-
the event coordinator and the personnel hours ately surrounding the portion or portions of the
worked by any person of the level of department outdoor entertainment event location(s) which
manager/director or higher. are central to the production of the event, includ-
Internal security plan shall mean a plan sub- ing, but not limited to, stages, barricades, utility
mitted by the applicant and approved, as submit- poles,booths,tents,or other temporary or perma-
ted or as modified thereafter,by the city manager, nent structures or parked vehicles erected or
for the provision of security to public and private utilized by the applicant for the production of the
property, performers, entertainers, exhibitors, event.
speakers or other persons in the immediate area
Person shall mean any individual person, or
central to the outdoor entertainment event,known any firm, partnership, association, corporation,
as the outdoor entertainment event production company, or organization of any kind, or any
area. The term internal security plan does not combination of such persons.
apply to any plan for public safety personnel
necessary to provide for the protection of an Precinct commander shall mean the precinct
outdoor entertainment event and its attendees commander for the Brevard County Sheriffs Of-
from hostile members of the public or fice,Canaveral Precinct,or the precinct command-
counterdemonstrators. er's designee.
Outdoor entertainment event shall mean any Public property shall mean any public street,
public celebration or gathering,conducted in whole right of way,sidewalk,park,place,property,ease-
Supp. No. 19 CD 10:4
AMUSEMENTS AND ENTERTAINMENTS § 10-60
Live
ment, structure or facility owned, dedicated, con- Vendor shall mean any person, corporation,
trolled or otherwise under the jurisdiction and entity or enterprise providing the sale of goods or
control of the city. services for profit and/or the promotion, produc-
tion, operation or management of any activities
Sidewalk shall mean any area or way set aside related to an outdoor entertainment event.
or open to the general public for purposes of (Ord. No. 04-2010, § 3, 3-2-10)
pedestrian traffic, whether or not it is paved.
Site plan shall mean a graphic representation, Sec. 10-48. Compliance with other laws.
drawn to scale, no greater than one inch to 50
feet, which clearly depicts the outdoor entertain- The staging, promoting or conducting of an
ment event production area, and which shall outdoor entertainment event shall be in full and
include, at a minimum: complete compliance with this article, beverage
laws and other laws, ordinances and regulations
(1) Site vicinity map; applicable to the outdoor entertainment event.
(2) Property lines, paved areas, grass areas, (Ord. No. 04-2010, § 3, 3-2-10)
sidewalks and streets;
Sec. 10-49. Local business tax receipt re-
(3) Existing structures with designated uses quired.
clearly identified;
(4) Proposed temporary structures and usage It shall be unlawful for any person to stage,
promote or conduct any outdoor entertainment
areas,including tents,fencing,gates,con event in the city without a valid local business tax
cession areas,viewing stands,stages,tern-
receipt, as required by law.
porary electrical poles, generators, fire
extinguishers,aid stations,connections to (Ord. No. 04 2010, § 3, 3-2-10)
potable and waste water systems,restroom
facilities and dumpsters; Sec. 10-50. Penalties and enforcement.
(5) Lighting plan, if proposed event is to (a) It shall be unlawful for any person to stage,
occur during night-time hours; present, conduct, or attempt to stage, present,
conduct an outdoor entertainment event without
(6) Total number of off-site and on-site park- first having obtained an outdoor entertainment
ing spaces and loading zones; event permit as provided in this article.
(7) Traffic flow diagram depicting proposed (b) It shall be unlawful for any person to
vehicle and pedestrian traffic flow and participate in an outdoor entertainment event for
ingress and egress routes; which an outdoor entertainment event permit has
(8) Location of any public address sound sys- not been granted under this article.
tern; and
(c) It shall be unlawful for any person to fail to
(9) Any provisions made for handicap access comply with all directions and conditions of the
or special uses unique to the outdoor outdoor entertainment event permit issued pur-
entertainment event. suant to this article.
Street shall mean any place or way set aside or (d) The penalties for a violation of this article
open to the general public for purposes of vehic- are set forth in section 1-15 of the City Code.
ular traffic, including any curb, gutter or shoul- Nothing contained herein shall be construed as a
der,parkway,right-of-way,or median strip thereof. limitation on the city's ability to seek any other
Temporary structure shall mean sheds, booths, remedy provided by law.
bleachers,canopies,tents,stages,scaffolding,fences (Ord. No. 04 2010, § 3, 3-2-10)
Loo' and other structures erected for temporary pur-
poses during an outdoor entertainment event. Secs. 10-51-10-60. Reserved.
Supp.No. 19 CD10:5
§ 10-61 CAPE CANAVERAL CODE
J
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 corn-
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
(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-
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 propose
Supp. No. 19 CD10:6
AMUSEMENTS AND ENTERTAINMENTS § 10-61
L
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 an applicant where:
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. 19 CD10:6.1
§ 10-61 CAPE CANAVERAL CODE
3
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 corn-
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-
city facilities; sideration of the content of any speech or
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
city, county or state concerning modifications as to time,manner,or place,
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. 19 CD 10:6.2
AMUSEMENTS AND ENTERTAINMENTS § 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.
1110001 determination within one6 business day water bodies) and manmade (e.g. roads,
thereafter, which determination shall of sidewalks) landmarks or manmade tem-
porary or modify the decision of the city 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,
and the application in accordance with the applicant shall be required to imple
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-
of legal age to purchase and consume alcohol. ing a wristband issued hereunder. It shall
Supp. No. 19 CD10:6.3
§ 10-62 CAPE CANAVERAL CODE
J
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-
ing wristbands required hereunder and Sec. 10-64. Closure or gating of public prop-
that it is also unlawful to transfer said erty and streets.
wristband to another person during the
outdoor entertainment event; (a) Streets may be closed, portions of streets
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 council.
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
by the city shall require a fully paid commercial (c) If an event is gated, no person shall be
general liability damage insurance policy. If alco barred from entering the gated area on the grounds
of race, color, religion, gender, age, disability or
hol is sold and/or consumed, a liquor liability
policy shall be required as well. Such insurance national or ethnic origin.
policies shall be procured by the applicant from a
company licensed to do business in the state. (d) The city council has the full and sole au-
These policies must protect the city, its officers, thority to close any city street or roadway and/or
agents,attorneys,the outdoor entertainment event detour traffic due to an outdoor entertainment
and its contractors from any and all claims or event.
damages to property and or bodily injury which
may result from or in connection with any of the (e) Barricades and temporary signage for ap-
operations carried on by the presenter of the proved street closures shall be provided by the
event, list the city as an additional named in- applicant. All barricades and temporary signage
sured, and provide for no deductible. The event provided by the applicant shall be approved by
coordinator must receive a certificate of insurance the precinct commander prior to the outdoor
no later than two weeks prior to the date of the entertainment event.It shall be the responsibility
outdoor entertainment event, and a copy of the of the applicant,in coordination with the Sheriff s
policies prior to the start of the event. The re- Department, to setup and breakdown the barri-
quired coverage limits of insurance policies re- cades and temporary signs at the approved times,
quired by this section shall be established by the as set forth upon the permit.
city manager in an administrative policy taking (Ord. No. 04-2010, § 3, 3-2-10)
Supp. No. 19 CD10:6.4
AMUSEMENTS AND ENTERTAINMENTS § 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.
tures, or to the assistance of city personnel in (Ord. No. 04-2010, § 3, 3-2-10)
L000,, 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
(1111kroe (Ord. No. 04-2010, § 3, 3-2-10) events coordinator with a complete list of all
Supp.No. 19 CD10:6.5
§ 10-70 CAPE CANAVERAL CODE
3
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 the each
work areas for water craft shall be designated and outdoor entertainment event being held,
approved by the city as part of any permit issued applicants shall make full payment to the
under this article. city for the cost of the estimated extra
personnel hours, the cleanup and damage
(b) No vehicles, trailers or mobile equipment deposit and any other fee authorized un-
shall be permitted on the beach outside of the der this article.
approved designated areas. Loading and unload-
ing of water craft from trailers,shall be permitted (2) Upon request, the city council may waive
only in designated locations, as determined in the fees and deposits imposed pursuant to
planning meeting. No storage of vehicles or trail this article for nonprofit organizations
ers shall be permitted in such areas. No fueling, based upon the city's experience with pre-
refueling or storage of fuels shall be permitted on vious events, and the size, duration and
the beach. location of the proposed outdoor entertain-
ment event if the city council determines
(c) Vehicles used for transporting trailers on that the outdoor entertainment event
the beach shall be approved by the city. serves a municipal purpose, including,
(Ord. No. 04-2010, § 3, 3-2-10) but not limited to,economic development,
city-organized events or other local char-
Sec. 10-72. Metered parking. itable events.
If any outdoor entertainment requires the use (3) To the extent that any outdoor entertain-
of metered parking spaces or impacts an area that ment event may require extra personnel
will result in a loss of revenue from parking hours in excess of those endorsed upon
meters due to the outdoor entertainment event, the permit, the applicant shall be re-
the applicant shall be responsible to reimburse quired to reimburse the cost of such addi-
the city for the amount of the lost revenue. Any tional extra personnel hours, provided
costs incurred under this section shall be deter- that the city manager, in order to impose
Supp. No. 19 CD10:6.6
AMUSEMENTS AND ENTERTAINMENTS § 10-75
L
such additional amount, must mail or dling or promoting similar events, includ-
deliver an invoice for such additional ing but not limited to the event coordinator
amount to the applicant no later than 60 and the precinct commander.
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-
(4) 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
quest in writing to the event coordinator content of speech or message conveyed by
within 30 days of the conclusion of the the event.The internal security plan shall
outdoor entertainment event. The event specify that the number of off-duty law
coordinator will provide a recommenda- enforcement officers hired by the appli-
tion regarding such request to the city cant shall be the same or more than the
manager within ten days of receipt of number of private security guards hired
such request. The city manager may, in for such purpose. At the option of the
the city manager's sole discretion, autho- applicant, the security forces under the
rize a refund equivalent to the reduction internal security plan may be comprised
in extra personnel hours required. entirely of off-duty law enforcement offi-
cers.
(5) No applicant for or recipient of an outdoor (Ord. No. 04-2010, § 3, 3-2-10)
entertainment event permit shall be re-
quired to provide for or pay for the cost of Sec. 10-74. Other permits and licenses.
public safety personnel necessary to pro-
vide for the protection of any outdoor Nothing in this article should be construed as
entertainment event attendees from hos- repealing other sections of this Code or other laws
tile members of the public or or ordinances requiring separate applications for
counterdemonstrators, or for general law permits or licenses for specific portions of the
enforcement outside the vicinity of the proposed outdoor entertainment event, such as
outdoor entertainment event. The holder but not limited to, building, electrical, plumbing
of a permit shall be required, however, to or related permits, licenses to sell and/or permit
provide an internal security plan and shall consumption of alcoholic beverages or permits to
be required to provide and pay for off-duty sell and/or permit consumption in parks or on city
police officers and private security guards streets.Those permits or licenses must be applied
in order to implement such plan. In deter- for separately in accordance with the federal,
mining the adequacy and appropriateness state and local laws or ordinances specifically
for any internal security plan, the city governing such activity.
manager shall be guided solely by consid (Ord. No. 04 2010, § 3, 3-2-10)
erations of the number of off-duty law Sec. 10-75. Life and public safety require-
enforcement and private security guards
necessary to provide for internal security menu.
for the outdoor entertainment event pro- The building official, fire chief and precinct
duction area and the control of traffic commander shall be permitted to impose stan-
generated by the event, as indicated by dards more stringent than those required in the
experience with similar events. To this City Code in order to protect life and public safety
end, the city manager may consider the during any outdoor entertainment event permit-
advice and counsel of public safety profes- ted under this article.
Lisof sionals and persons with expertise in han- (Ord. No. 04-2010, § 3, 3-2-10)
Supp.No. 19 CD10:6.7
§ 10-76 CAPE CANAVERAL CODE
J
Sec. 10-76. Revocation of permits. ARTICLE IV. SEXUALLY ORIENTED
BUSINESSES AND ADULT
ENTERTAINMENT ESTABLISHMENTS*
(a) The city manager shall have the authority
to immediately revoke an outdoor entertainment Sec. 10-86. Short title.
event permit issued under this article, as follows:
This article shall be known and may be cited as
the "city of Cape Canaveral Sexually Oriented
(1) Upon a violation by the permit holder or Business and Adult Entertainment Establish-
the permit holder's agents, employees, or ment Ordinance."
contractors, of any one or more of the (Ord. No. 13-2004, § 3, 7-20-04)
conditions contained upon the permit.
Sec. 10-87. Purpose, findings and intent/
(2) When a bona fide public emergency arises incorporation of whereas clauses.
where the law enforcement and fire re- (a) Purpose. It is the purpose of this article to
sources being utilized for a permitted out- regulate sexually oriented businesses and adult
door entertainment event are immedi- entertainment establishments in order to pro-
ately required for that emergency to protect mote and protect the public health, safety, good
the health, welfare and safety of persons order, and general welfare of the citizens of the
or property. city, to establish reasonable and uniform regula-
tions of adult entertainment establishments and
sexually oriented businesses within the city. The
(b) Notice of the revocation shall be given to provisions of this article have neither the purpose
the permit holder by the most practicable and
expeditious manner available under the circum-
stances.
(Ord. No. 04-2010, § 3, 3-2-10)
Sec. 10-77. Emergency suspension or cancel-
lation of permitted outdoor en-
tertainment event.
Notwithstanding the issuance of an outdoor
entertainment permit under this article, nothing
herein shall prohibit a duly authorized represen *Editor's note—Ord. No. 13-2004, §§ 2A and 3, adopted
July 20, 2004, amended art. IV in its entirety and enacted
tative of the city from suspending or cancelling an similar provisions as set out herein.The former art.IV derived
outdoor entertainment event because of adverse from Code 1981, §§ 722.01, 722.03, 722.05, 722.07, 722.11,
weather or any public emergency when such 722.13,722.25-722.27,722.32,722.33,722.35-722.37,722.40,
suspension or cancellation is in furtherance of the 722.42(a)—(g), 722.43-722.48, 722.55, 722.57-722.60,
722.61(a), 722.61(b), 722.61(c)(4)—(7), 722.61(d)—(k), 722.62,
health, safety and welfare of the public. 722.65,722.71-722.73,722.82-722.86;Ord.No.46-93,§§1,
(Ord. No. 04-2010, § 3, 3-2-10) 2,adopted Jan.4,1994;Ord.No.2-96,§§2,3,adopted Feb.20,
1996;and Ord. No. 18-2003,§3, adopted Sept. 2,2003.
Cross references—Code enforcement, § 2-246 et seq.;
regulations regarding nudity on alcoholic beverage establish-
ment premises, § 6-27; public nudity prohibited, § 50-2;
Secs. 10-78-10-85. Reserved. occupational license taxes, § 70-66 et seq.; zoning, ch. 110;
adult entertainment establishments permitted by special ex-
ception in the M-1 light industrial and research and develop-
ment district,§ 110-354.
Supp.No. 19 CD10:6.8
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Chapter 91
LANDSCAPE IRRIGATION
Sec. 91-1. Definitions.
Sec. 91-2. Applicability;purpose and intent.
Sec. 91-3. Landscape irrigation schedules.
Sec. 91-4. Exceptions to landscape irrigation schedules.
Sec. 91-5. Required irrigation system technology.
Sec. 91-6. Variance from specific day of the week limitations.
Sec. 91-7. Enforcement and penalties.
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Supp.No. 19 CD91:1
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LANDSCAPE IRRIGATION §91-3
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Sec. 91-1. Definitions. and industrial property, including commercial or
transient housing units, hotel and motel units,
The following words, terms and phrases,when and public medians and rights-of-way.
used in this article [chapter], shall have the (Ord. No. 02-2010, § 2, 3-2-10)
meanings ascribed to them in this chapter [sec-
tion],except where the context clearly indicates a Sec. 91-2. Applicability;purpose and intent.
different meaning:
The provisions of this chapter shall apply to
Address means the house number of a physical each person located within the city. The purpose
location of a specific property.This includes"rural and intent of this chapter is to implement proce-
route" numbers but excludes post office box num- dures that promote water conservation through
hers. If a lot number in a mobile home park or more efficient landscape irrigation.
similar community is used by the U.S. Postal (Ord. No. 02-2010, § 2, 3-2-10)
Service to determine a delivery location, the lot
number shall be the property's address.An"even-
numbered address" means an address ending in Sec. 91-3. Landscape irrigation schedules.
the numbers 0, 2, 4, 6, 8, or the letters A through (a) When Daylight Saving Time is in effect,
M.An"odd-numbered address"means an address landscape irrigation shall occur only in accor-
ending in the numbers 1, 3, 5, 7 9 or the letters N dance with the following irrigation schedule:
through Z.
(1) Residential landscape irrigation at odd-
District means the St.Johns River Water Man- numbered addresses or no address may
agement District. occur only on Wednesday and Saturday
‘11001
and shall not occur between 10:00 a.m.
Person means any person, firm, partnership, and 4:00 p.m.; and
association, corporation, company, or organiza-
tion of any kind. (2) Residential landscape irrigation at even-
numbered addresses may occur only on
Landscape irrigation means the outside water- Thursday and Sunday and shall not occur
ing of plants in a landscape such as shrubbery, between 10:00 a.m. and 4:00 p.m.; and
trees, lawns, grass, ground covers, plants, vines,
gardens and other such flora that are situated in (3) Nonresidential landscape irrigation may
such diverse locations as residential areas;public, occur only on Tuesday and Friday and
commercial, and industrial establishments; and shall not occur between 10:00 a.m. and
public medians and rights-of-way. "Landscape it 4:00 p.m.; and
rigation"does not include agricultural crops,nurs- (4) No more than three-fourths inch of water
ery plants, cemeteries, golf course greens, tees, may be applied per irrigation zone on
fairways, primary roughs, and vegetation associ- each day that irrigation occurs, and in no
ated with recreational areas such as such as event shall irrigation occur for more than
playgrounds, football, baseball and soccer fields. one hour per irrigation zone on each day
that irrigation occurs.
Residential landscape irrigation means the ir-
rigation of landscape associated with any housing (b) When Eastern Standard Time is in effect,
unit having sanitary and kitchen facilities de- landscape irrigation shall occur only in accor-
signed to accommodate one or more residents, dance with the following irrigation schedule:
including multiple housing units and mobile homes.
(1) Residential landscape irrigation at odd-
Nonresidential landscape irrigation means the numbered addresses or no address may
irrigation of landscape not included within the occur only on Saturday and shall not
Lere definition of "residential landscape irrigation," occur between 10:00 a.m. and 4:00 p.m.;
such as that associated with public, commercial and
Supp.No. 19 CD91:3
§91-3 CAPE CANAVERAL CODE
J
(2) Residential landscape irrigation at even- (4) Irrigation systems may be operated at
numbered addresses may occur only on any time of day on any day for mainte-
Sunday and shall not occur between 10:00 nance and repair purposes not to exceed
a.m. and 4:00 p.m.; and 20 minutes per hour per zone.
(3) Nonresidential landscape irrigation may (5) Irrigation systems using a handheld hose
occur only on Tuesday and shall not occur equipped with an automatic shutoff noz
between 10:00 a.m. and 4:00 p.m.; and zle is allowed at any time of day on any
day.
(4) No more than three-fourths inch of water (6) Discharge of water from a water-to-air
may be applied per irrigation zone on air-conditioning unit or water-dependent
each day that irrigation occurs, and in no cooling system is not limited.
event shall irrigation occur for more than
one hour per irrigation zone on each day (7) The use of water from a reclaimed water
that irrigation occurs. system is allowed anytime. For the pur-
pose of this chapter, a reclaimed water
(c) All landscape irrigation shall be limited in system includes systems in which the
amount to only that necessary to meet landscape primary source is reclaimed water, which
needs. may or may not be supplemented from
(Ord. No. 02 2010, § 2, 3-2-10)
another source during peak demand peri-
ods.
Sec. 91-4. Exceptions to landscape irriga- (8) The use of recycled water from wet deten-
tion treatment ponds for irrigation is al-
tion schedules. lowed anytime provided the ponds are not
(a) Landscape irrigation shall be subject to the augmented from any ground or off-site
surfacewater or public supply sources.
following irrigation schedule exceptions: (Ord. No. 02 2010, § 2, 3-2-10)
(1) Irrigation using a micro-spray, micro jet,
Sec. 91-5. Required irrigation system tech-
drip or bubbler irrigation system is al-
lowed anytime. nology.
Any person who purchases and installs an
(2) Irrigation of new landscape is allowed at
automatic landscape irrigation system must prop-
any time of day on any day for the initial erly install, maintain, and operate technology
30 days and every other day for the next that inhibits or interrupts operation of the system
30 days for a total of one 60-day period, during periods of sufficient moisture.
provided that the irrigation is limited to (Ord. No. 02-2010, § 2, 3-2-10)
the minimum amount necessary for such
landscape establishment. Sec. 91-6. Variance from specific day of the
(3) Watering in of chemicals,including insec week limitations.
ticides, pesticides, fertilizers, fungicides, Upon request by any person, a variance from
and herbicides,when required by law,the the specific landscape irrigation days or day set
manufacturer, or best management prac- forth in section 91-3 may be granted by the City
tices,is allowed at any time of day on any Manager of the City of Cape Canaveral, or the
day within 24 hours or application. Wa- city manager's designee, if strict application of
tering in of chemicals shall not exceed the scheduled days or day would lead to unrea-
one-fourth inch of water per application sonable or unfair results in particular instances,
except as otherwise required by law, the provided that the applicant demonstrates with
manufacturer, or best management prac- particularity that compliance with the scheduled
tices. days or day will result in a substantial economic,
Supp.No. 19 CD91:4
LANDSCAPE IRRIGATION §91-7
L
health or other hardship on the applicant request-
ing the variance or those served by the applicant.
Where a contiguous property is divided into dif-
ferent zones, a variance may be granted hereun-
der so that each zone may be irrigated on differ-
ent days or day than other zones of the property.
However, in no event shall a variance allow a
single zone to be irrigated more than two days per
week during Daylight Saving Time or more than
one day per week during Eastern Standard Time.
(Ord. No. 02-2010, § 2, 3-2-10)
Sec. 91-7. Enforcement and penalties.
The terms of this chapter may be enforced in
accordance with the provisions of chapter 2, arti-
cle VI,of the City Code of Ordinances,titled Code
Enforcement, and F.S. ch. 162.
Notwithstanding section 2-291 of this Code,
violations of any provisions of this chapter may be
subject to the following penalties:
First violation Written
warning
Second violation $ 20.00
Third violation 50.00
Subsequent violations Fine not to
exceed 100.00
Each day in violation of this chapter may
constitute a separate offense. Enforcement offi-
cials shall provide violators with no more than
one written warning. In addition to all civil sanc-
tions contained herein, the city may take any
other appropriate legal action, including, but not
limited to, injunctive action to enforce the provi-
sions of this chapter.
(Ord. No. 02-2010, § 2, 3-2-10)
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Chapters 92, 93
RESERVED
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Supp.No. 19 CD92:1
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Chapter 98
SUBDIVISIONS*
Article I. In General
Sec. 98-1. Definitions.
Sec. 98-2. Purpose.
Sec. 98-3. Powers of planning and zoning board.
Sec. 98-4. Variance.
Sec. 98-5. Appeals and arbitrations.
Sec. 98-6. Remedies.
Secs. 98-7-98-30. Reserved.
Article II. Plats and Lot Splits
Division 1. Generally
Sec. 98-31. Division of land;review and approval required;zoning.
Secs. 98-32-98-35. Reserved.
Division 2. Preapplication
Sec. 98-36. Submittal and review procedures.
Secs. 98-37-98-40. Reserved.
Division 3. Preliminary Plat
Sec. 98-41. Information required.
Sec. 98-42. Reserved.
Sec. 98-43. Reserved.
Sec. 98-44. Reserved.
Sec. 98-45. City review.
Sec. 98-46. Planning and zoning board and city council review.
Sec. 98-47. General criteria for approval.
Sec. 98-48. Time limit.
Secs. 98-49-98-55. Reserved.
Division 4. Final Plat
Sec. 98-56. Conformance to preliminary plat.
Sec. 98-57. Reserved.
Sec. 98-58. Data required for final approval.
Sec. 98-59. Documents required prior to approval.
Sec. 98-60. Application for approval.
Sec. 98-61. Planning and zoning hoard and city council review; general
criteria for approval.
Sec. 98-62. Recording.
Secs. 98-63-98-65. Reserved.
Division 5. Lot Splits
Sec. 98-66. Lot splits.
Live *Cross references-Code enforcement,ch.2,art.VI;planning,ch.58;floods,ch.90;stormwater management,§90-116 et seq.
State law reference-Plats and platting,F.S. ch. 177.
Supp.No. 19 CD98:1
CAPE CANAVERAL CODE
Article III. Construction
Division 1. Generally
Secs. 98-67,98-68. Reserved.
Division 2. Permit
Sec. 98-69. Required;penalty.
Sec. 98-70. Procedure.
Sec. 98-71. Submission of construction plans and specifications.
Sec. 98-72. Review.
Sec. 98-73. Approval of plans and specifications.
Sec. 98-74. Master survey point.
Sec. 98-75. Issuance.
Sec. 98-76. Term;revocation.
Secs. 98-77-98-79. Reserved.
Division 3. Inspections;Certificate of Completion
Sec. 98-80. Inspections.
Sec. 98-81. Submission of data.
Sec. 98-82. Notification.
Sec. 98-83. Issuance of certificate of completion.
Secs. 98-84,98-85. Reserved.
Article IV. Improvements
Division 1. Generally
Sec. 98-86. Development and enforcement of regulations. J
Sec. 98-87. Permanent markers.
Sec. 98-88. Elevation.
Sec. 98-89. Water supply.
Sec. 98-90. Sewers.
Sec. 98-91. Drainage.
Sec. 98-92. Streets.
Sec. 98-93. Boundary line survey.
Sec. 98-94. Final acceptance of work.
Secs. 98-95-98-105. Reserved.
Division 2. Design Standards
Sec. 98-106. Blocks.
Sec. 98-107. Lots.
Sec. 98-108. Easements.
Sec. 98-109. Public sites and open spaces.
Sec. 98-110. Alleys.
Sec. 98-111. Surface and storm drainage.
Sec. 98-112. Potable water systems.
Sec. 98-113. Sanitary sewer system.
Sec. 98-114. Streets,roads and alleys-Generally.
Sec. 98-115. Same-Technical specifications.
Sec. 98-116. Bridges.
Sec. 98-117. Canals.
Sec. 98-118. Bulkheads or retainer walls.
Sec. 98-119. Street names.
3
Supp. No. 19 CD98:2
SUBDIVISIONS §98-30
L
establishing hardship sufficient to qualify an ap- when it has relied upon such site plan or specifi-
plicant for a variance. In order to authorize any cations in granting the variance.Violation of such
variance from the terms of these regulations, the conditions and safeguards, when made a part of
board of adjustment shall find all of the following the terms under which the variance is granted,
factors to exist: shall be deemed a violation of this chapter. Vari-
(1) Special conditions and circumstances ex- ances granted from a specific requirement of this
ist which are not applicable to other lands, chapter shall be in full force only as long as that
structures or buildings in the applicable specific requirement is in effect.Furthermore,the
zoning classification; and board of adjustment may prescribe a reasonable
time limit within which the action for which the
(2) The special conditions and circumstances variance is required shall be begun or completed,
do not result from the actions of the or both.
applicant; and (Code 1981, § 503.25(A); Ord. No. 22-93,
(3) Granting the variance requested will not § 1(503.26(A)), 7-6-93)
confer on the applicant any special privi-
lege that is denied by the provisions of Sec. 98-5. Appeals and arbitrations.
this chapter to other lands or structures
in the identical zoning classification; and
(a) Any person or persons jointly or severally
(4) Literal interpretation of the provisions of aggrieved by any decision of the board of adjust-
these regulations would deprive the appli- ment may appeal the decision to the city council
cant of rights commonly enjoyed by other pursuant to section 110-33 of this Code.
properties in the identical zoning classifi-
Le, cation under the provisions of this chap (b) The board of adjustment shall not rehear a
ter and will constitute unnecessary and
variance once decided unless an error in substan-
undue hardship on the applicant; and tive or procedural law is found following the
(5) The variance granted is the minimum decision,or unless the board of adjustment makes
variance that will make possible the rea- a finding based on a presentation by the applicant
sonable use of the land,building or struc- that new evidence, not discoverable by the appli-
ture; and cant prior to the initial hearing, is found. A
different or more effective presentation or clarifi-
(6) The granting of the variance will be in cation of the same evidence or matters considered
harmony with the general intent and pur- at the initial hearing shall not be grounds for a
pose of this chapter and such variance rehearing before the board of adjustment.
will not be injurious to the area involved (Code 1981, § 503.25(B); Ord. No. 22-93,
or otherwise detrimental to the public
welfare. § 1(503.26(B)), 7-6-93; Ord. No. 07-2007, § 6,
12-4-07)
In no case shall the planning and zoning board
recommend the granting of a variance which will
result in a change of land use that would not be Sec. 98-6. Remedies.
permitted in the applicable zoning classification.
In addition to any other remedy the city may
(e) Conditions. In recommending the greeting have at law or in equity, the city may seek
of any variance, the planning and zoning board temporary and permanent injunctive relief to
may prescribe appropriate conditions and safe- prevent or redress any violation of this chapter.
guards in conformity with this chapter and any (Ord. No. 22-93, § 1(503.27), 7-6-93)
ordinance enacted by the city. The board of ad-
justment may also, as a condition of approval,
recommend compliance with any site plan or
other specification submitted by the applicant Secs. 98-7-98-30. Reserved.
Supp. No. 19 CD98:7
§98-31 CAPE CANAVERAL CODE
ARTICLE II. PLATS AND LOT SPLITS* screening and conferences are intended to assist
the applicant in becoming more aware of and,
DIVISION 1. GENERALLY therefore, more likely to comply with guidelines
applicable to the project for which a plat or lot
split will be submitted. However, the applicant is
Sec. 98-31. Division of land; review and ap- cautioned that the preapplication screening pro-
proval required; zoning. cess is not intended to be a substitute for the
(a) Any subdivision of land into two or more formal plat or lot split submittal and review
parcels shall be subject to the requirements of procedures. Nor is it expected that the applicant
this article. can rely upon conditional approvals received dur-
ing the preapplication process as binding the city
(b) No owner of real property shall sell,offer to in any manner during subsequent plat or lot split
sell or lease lots or tracts of land from such submittal and review procedures.
property without first having divided such prop-
erty in accordance with the requirements of this (b) The applicant will provide preliminary draw-
article. Before such lot or tract is divided, the lots ings of the proposed plat or lot split to the
or tracts proposed to be divided shall be surveyed planning official. The number of copies required
by a duly licensed Florida surveyor and approved to be submitted shall be determined by the plan-
by the city council by plat or lot split resolution in ning official. Upon submittal of the copies of the
accordance with the specific applicable provisions proposed plat or lot split, a preapplication confer-
of this article and F.S. ch. 177. No permit shall be ence shall be scheduled.
issued for the construction of any building or
structure or for an electrical or sewer hookup on (c) The proposed plat or lot split so provided
any lot or tract sold in violation of this article; shall contain a location map showing the relation-
provided,however, that any such violation can be ship of the proposed subdivision to existing and
remedied by complying with the provisions of this proposed facilities as indicated in the comprehen-
article. Additionally, any subdivision or lot split sive plan, and shall contain general information
approved pursuant to this article shall in every including, but not limited to, the following:
respect meet the criteria established elsewhere in
this article and the City Code for the category of (1) General information on the existing site
zoning and other relevant codes under which the conditions, water management facilities,
property is zoned. soil conditions, floodplain data, topogra-
(Ord. No. 03-2010, § 2, 3-16-10) phy, trees and vegetation, adjacent com-
munity facilities, utilities and surround-
Secs. 98-32-98-35. Reserved. ing property conditions.
(2) General description of the proposed devel-
DIVISION 2. PREAPPLICATION opment including proposed number of lots,
approximate lot width and depth, build-
Sec. 98-36. Submittal and review procedures. ing size and type. Proposed stages of de-
(a) In order to promote development of land velopment,if appropriate,should be shown.
within the municipal boundaries of the city that is (3) A plan showing the proposed pattern of
harmonious with and otherwise in compliance streets, lots and water management facil-
with the comprehensive plan, surrounding devel- ities in relation to existing natural condi-
opment and all applicable codes, applicants for tions of the site and its surroundings.
plat or lot split approval shall meet with staff in a (Ord. No. 22-93, § 1(503.03), 7-6-93; Ord. No.
preapplication conference. The preapplication 03-2010, § 2, 3-16-10)
*Editor's note—Ord.No.03-2010,§2,adopted March 16,
2010,amended the title of art.II to read as herein set out.The
former title was 'Plats." Secs. 98-37-98-40. Reserved.
Supp.No. 19 CD98:8
SUBDIVISIONS §98-41
L
DIVISION 3. PRELIMINARY PLAT (H) Location map showing the site
in relation to the existing corn-
Sec. 98-41. Information required. munity, including the name of
the development and its loca-
The following information shall be provided to tion and main traffic arteries.
the community development department:
(c) Topographic survey showing ground ele-
(a) A completed application on a form pre-
vations of the tract, based on a datum
scribed by the city manager requesting plane approved by the city engineer as
review of the preliminary plat under this follows:
division.
(1) For land that slopes less than ap-
(b) The preliminary plat, which shall: proximately two percent, show spot
(1) Conform to the requirements of F.S. elevations at all breaks in grade,
ch. 177, this Code, and any other along all drainage channels or swales
applicable statutes and regulations. and at selected points not more than
(2) Bear the certification of a registered 100 feet apart in any direction.
Florida surveyor certifying the accu- (2) For land that slopes more than ap-
racy of the plat. proximately two percent,either show
(3) Be drawn at a uniform scale not contours with an interval of not more
smaller than one inch equals 100 than five feet if ground slope is reg-
ular, and such other information as
feet.
is sufficient for planning purposes,
(4) Indicate the title, scale, north arrow or show contours with an interval of
Lire and date on each sheet. not more than two feet, if necessary
(5) Show, at a minimum, the following because of irregular land or need for
existing conditions on the plat: more detailed data for preparing
(A) Primary control points or de plans and construction drawings.
scriptions and ties to such con- (3) Other conditions on tract, including
trol points, to which all dimen- water courses, marshes, rock out-
sions, angles, bearings and crop, wooded areas, houses, barns,
similar data on the plat shall shacks and other significant fea-
be referred. tures.
(B) Boundary lines(including bear- (4) Other conditions on adjacent land,
ings and distances), lot lines, including approximate direction and
lot numbers and block number. gradient of ground slope and any
(C) Location and description of mon- embankments or retaining walls;
character and location of buildings,
uments. power lines,towers and other nearby
(D) Easements, including location, nonresidential land uses or adverse
width and purpose. influences;owners of adjacent unplat-
(E) Location, width, and names of ted land; abutting platted land,with
all streets,waterways, or other reference to subdivision plat by name,
rights-of-way shall be shown, recording date and number; and ap-
as applicable. proximate percent buildup, typical
(F) Minimum building setback lines. lot size and dwelling type.
(G) Size data including total acre- (5) Zoning designation on and adjacent
age, number of lots typical lot to tract.
size in acres,parks,public open (6) Proposed public improvements, in-
space, etc. cluding roadways, space reserved or
Supp. No. 19 CD98:9
§98-41 CAPE CANAVERAL CODE
3
dedicated for parks, playgrounds or staff. City staff shall determine the number of
other public uses or other major im- copies to be submitted for review. Upon receipt of
provements planned by public au- the documents the planning official shall review
thorities for future construction on and forward to the appropriate city reviewing
or near tract. staff a copy of all documents submitted and such
(d) Photographs of the tract,at the request of other documents as deemed appropriate to enable
the planning and zoning board. the city reviewing staff to review the application
and either find the application to be sufficient, or
(e) A filing fee,as established by resolution of point out areas that are inadequate or improper.
the city council. The city attorney shall review the title opinion or
(f) Other preliminary plans,if available,which certification, protective covenants, articles of in
clarify the application. corporation and bylaws and shall make recom-
mendations, if necessary.
(g) A current title opinion of an attorney
licensed in Florida or a certification by an (b) Within 30 days,the city reviewing staff will
abstractor or a title company showing return in writing all comments,recommendations
that record title to the land as described and questions to the applicant.
and shown on the plat is in the name of
the person or legal entity executing the (c) Should any comment or recommendation
dedication. The title opinion or certifica made by a member of the city reviewing staff
tion shall also show all mortgages not require the applicant to revise its submittal, the
satisfied, released or otherwise termi city reviewing staff shall review the revised sub-
nated by law and shall be current within mittal and return all comments, recommenda-
180 days of submittal. tions and questions to the planning official, who
(Code 1981, § 503.03(A); Ord. No. 22-93, shall then forward all documents to the applicant.
§ 1(503.04(A)), 7-6-93; Ord. No. 03-2010, § 2, (d) Upon receiving satisfactory reviews from
3-16-10)
all of the city reviewing staff, the applicant shall
submit revised copies of the plat and other infor-
Sec. 98-42. Reserved. mation as prescribed in section 98-41. The num-
Editor's note-Ord.No.03-2010, §2,adopted March 16, ber of copies required shall be determined by city
2010, deleted § 98-42, which pertained to topographic data staff. Upon receipt of all documents,the planning
and derived from Code 1981,§503.07(A);and Ord.No.22-93, official shall schedule the application for consid-
§ 1(503.07(A)),adopted July 6, 1993.
eration by the planning and zoning board.
(Code 1981, § 503.03(B); Ord. No. 22-93,
Sec. 98-43. Reserved. § 1(503.04(B)), 7-6-93; Ord. No. 03-2010, § 2,
Editor's note-Ord. No. 03-2010,§2,adopted March 16, 3-16-10)
2010,deleted§98-43,which pertained to scale;proposals and
derived from Code 1981, § 503.07(B); and Ord. No. 22-93,
§ 1(503.07(B)),adopted July 6, 1993. Sec. 98-46. Planning and zoning board and
city council review.
Sec. 98-44. Reserved.
(a) The planning and zoning board shall re-
Editor's note-Ord.No.03-2010, §2,adopted March 16, view the preliminary plat and other material
2010, deleted § 98-44, which pertained to other preliminary submitted for conformity with this Code and may
plans and derived from Code 1981,§503.07(C);and Ord.No.
22-93, § 1(503.07(C)),adopted July 6, 1993. negotiate on changes deemed advisable and shall
recommend, in writing, its approval or disap-
Sec. 98-45. City review proval to the city council within 30 days. All
recommendations, conditions and changes shall
(a) The applicant shall submit copies of the be noted on two copies of the preliminary plat by
preliminary plat and other information as pre- the chairman of the board or designated represen-
scribed in section 98-41 for review by the city tative.
No)
Supp. No. 19 CD98:10
SUBDIVISIONS §98.58
L
(b) Upon receipt of the planning and zoning section, the city council's preliminary plat ap-
board's recommendation, the city council, at their proval shall be revoked and the applicant must
next regularly scheduled meeting, shall vote to reapply under the provisions of this article.
either accept, reject or modify the board's recom- (Ord. No. 03-2010, § 2, 3-16-10)
mendation.
(Code 1981, § 503.03(C); Ord. No. 22-93, Secs. 98-49-98-55. Reserved.
§ 1(503.04(C)), 7-6-93; Ord. No. 07-2006, § 2,
6-20-06; Ord. No. 03-2010, § 2, 3-16-10) DIVISION 4. FINAL PLAT
Sec. 98-47. General criteria for approval. Sec. 98-56. Conformance to preliminary plat.
Prior to the planning and zoning board recom- The subdivision final plat shall conform sub
mending approval to the city council, applicants stantially to the preliminary plat, as approved by
shall demonstrate to the planning and zoning the city council. The plat may contain only that
portion of the approved preliminary plat the sub-
board, and the planning and zoning board must divider intends to record and develop at the time.
find,that the proposed preliminary plat meets the Any such portion shall meet the requirements of
criteria listed in subsections(a)through(d)below. this article. The final plat shall correct any inac-
Further, prior to approving any proposed prelim curacies indicated on the preliminary plat.
inary plat,the applicant must demonstrate to the
city council, and the city council must find, that (Code 1981, § 503.05(A)(1); Ord. No. 22 93,
the proposed preliminary plat meets the criteria § 16-10.05(A)(1)), 7-6-93; Ord. No. 03 2010, § 2,
3-10)
6-1
listed in subsections (a) through (d) below.
(a) The application in compliance with the Sec. 98-57. Reserved.
provisions of this article and applicable Editor's note—Ord. No.03-2010,§2,adopted March 16,
law. 2010,deleted§98-57,which pertained to number of copies and
derived from Code 1981, § 503.05(A)(1); and Ord. No. 22-93,
(b) The application is consistent with the § 1(503.05(A)(1)),adopted July 6, 1993.
city's comprehensive plan.
Sec. 98.58. Data required for final approval.
(c) The application does not create any lots, (a) The subdivision final plat shall be drawn
tracts of land or developments that do not by the subdivider to conform to the requirements
conform to the City Code. of the city council for approval and filing with the
(d) The application provides for proper in county clerk.
gress and egress through a public or ap- (b) One transparency(Mylar)or printable copy
proved private street or perpetual cross of the final recorded plat shall be prepared by the
access easements. subdivider for the records of the city and shall be
(Ord. No. 22-93, § 1(503.04(D)), 7-6-93; Ord. No. submitted to the city with all appropriate fees to
07-2006, § 2, 6-20-06; Ord. No. 03-2010, § 2, enable the city to record the documents in the
3-16-10) public records of the county.
(c) The final plat shall comply with F.S. ch.
Sec. 98-48. Time limit. 177, and shall additionally include a dedication
statement by the owner(s),if dedicating streets or
The city council's approval of a preliminary rights-of-way for public use. The dedication must
plat shall be valid for a period of six months be executed by all persons or legal entities whose
unless a one-time six-month extension has been signature would be required to convey record fee
granted by the city council for good cause shown simple title to the lands being dedicated in the
by the applicant. If the final plat approval is not same manner in which deeds are required to be
obtained within the time period provided in this executed. The dedication shall include the name
Supp.No. 19 CD98:11
§98.58 CAPE CANAVERAL CODE
J
of the plat and the typed names of any witness, law. The city attorney shall review the title opin-
notary, or other person required to sign dedica- ion or certification prior to the city council meet-
tion. ing.
(Code 1981, § 503.08(A)(1)—(14), (B); Ord. No.
22-93, § 1(503.08(A)(1)—(14), (B)), 7-6-93; Ord. (c) All mortgagees having a record interest in
No. 03-2010, § 2, 3-16-10) the lands subdivided shall execute, in the same
manner in which deeds are required to be exe-
Sec. 98-59. Documents required prior to ap- cuted, either the dedication contained on the plat
proval. or a separate instrument joining in and ratifying
the plat and all dedications and reservations
(a) The following items shall be required for thereon.
subdivision final plat approval: (Code 1981, §§ 503.05(B), 503.08(A)(15); Ord. No.
(1) Documentation from the city reviewing 22 93, § 1(503.05(A)(15), (B)), 7-6-93; Ord. No.
staff certifying the proposed subdivision
03-2010, § 2, 3-16-10)
is acceptable.
Sec. 98-60. Application for approval.
(2) An irrevocable letter of credit, perfor-
mance bond or certified check, in a form Application shall be made for subdivision final
acceptable to the city attorney, which will plat approval as follows:
enable the city to complete any unfinished
improvements that are to be dedicated to (a) Upon the documents required under this
the public, including, but not limited to division being presented to the city, the
streets, drainage facilities, street signs, planning official shall review and forward
sewer facilities, sidewalks and other im- to the appropriate city reviewing staff a
provements as shown on the final plat. copy of all submittals and such other
documents as he or she deems appropri-
(3) Draft of protective covenants, if applica-
ate to enable the city reviewing staff to
ble, whereby the subdivision proposes to review the subdivision and either find the
regulate land use in the subdivision and application to be sufficient, or point out
otherwise protect the proposed develop- areas that are inadequate or improper.
ment. If there is to be a homeowners' The city attorney shall review the title
association established, copies of the arti- opinion or certification, protective cove-
des of incorporation, declarations and re pants, articles of incorporation and by
strictions, and the bylaws shall be pro- laws and shall make recommendations, if
vided. applicable.
(4) Certification of approval by the city coun-
cil. (b) Within 30 days, the reviewing staff will
return in writing all comments, recom-
(5) Other data as may be necessary which mendations and questions to the planning
shall be determined by the city council. official, who shall then forward all docu-
ments to the applicant.
(b) Prior to the city council's consideration of
the final plat, the subdivider shall submit to the (c) Should any comment or recommendation
city an updated title opinion of an attorney li- made by a member of the city reviewing
censed in Florida or a certification by an abstrac- staff require the applicant to revise its
tor or a title company showing that the record subdivision submittal, the city reviewing
title to the land described and shown on the plat staff shall review the revised submittal
is in the name of the person or legal entity and return all comments, recommenda-
executing the dedication. The title opinion or tions and questions to the planning offi-
certification shall also show all mortgages not cial, who shall then forward all docu-
satisfied, released or otherwise terminated by ments to the applicant.
Supp.No. 19 CD98:12
SUBDIVISIONS §98-66
L
(d) Upon receiving satisfactory reviews from Sec. 98-62. Recording.
all of the city reviewing staff and revised The city shall be responsible for recording
copies of the plat, the planning official
shall schedule the application for consid approved subdivision final plats. The final plat
eration by the planning and zoning board. shall be recorded with the county prior to any
(Code 1981, § 503.05(A)(2); Ord. No. 22-93, certificate of occupancy being issued for the ap-
§ 1(503.05(A)(2)), 7-6-93; Ord. No. 03 2010, § 2, plicable plat. The city manager shall be responsi-
3-16-10) ble for adopting administrative procedures for
ensuring that all final plats approved by the city
Sec. 98-61. Planning and zoning board and council are recorded within 15 days of the date of
the subdivider's updated title opinion or certifica-
city council review; general cri- tion.
teria for approval.
(Code 1981, § 503.05(A)(4); Ord. No. 22-93,
(a) When all requirements under this division § 1(503.05(A)(4)), 7-6-93; Ord. No. 03-2010, § 2,
have been satisfied, the planning and zoning 3-16-10)
board will vote to recommend approval or disap-
proval of the subdivision final plat, and these Secs. 98-63-98-65. Reserved.
recommendations will be submitted to the city
council at the next regularly scheduled council DIVISION 5. LOT SPLITS
meeting. The city council shall vote, in resolution
form,to either accept,reject,or modify the board's
recommendation. Sec. 98-66. Lot splits.
(b) Prior to the planning and zoning board (a) Lot split review and approval. An applica-
recommending approval to the city council, appli- tion for lot split shall be processed by combining
Loof cants shall demonstrate to the planning and zon the review and approval procedures of this article
ing board, and the planning and zoning board applicable to preliminary and final plat applica
must find, that the proposed final plat meets the tions into one consolidated process as set forth in
criteria listed in subsections(1)through(4)below.
this section.
Further, prior to approving any proposed final (b) Definition. For purposes of this section,the
plat, the applicant must demonstrate to the city term "lot split" shall mean a division of a tract of
council, and the city council must find, that the land or lot that will result in the creation of
proposed final plat meets the criteria listed in exactly one additional tract of land or lot provided
subsections (1) through (4) below. the following conditions are met:
(1) The application is in compliance with the (1) The lot or tract of land to be split is a
provisions of this article and applicable previously platted lot or legal description
law. of record.
(2) The application is consistent with the (2) Each lot or tract of land created hereun-
city's comprehensive plan. der shall abut a public or approved pri-
(3) The application does not create any lots, vate street, unless perpetual cross access
tracts of land or developments that do not easements already exist on the lot to be
conform to the City Code. split or are determined not to be neces-
sary, or, if necessary, are provided by
(4) The application provides for proper in- separate instrument.
gress and egress through a public or ap-
proved private street or perpetual cross (c) Application. Applicants seeking lot split
access easements. approval shall provide the following to the com-
(Code 1981, § 503.05(C); Ord. No. 22 93, munity development department:
§ 1(503.05(C)), 7-6-93; Ord. No. 03-2010, § 2, (1) A complete lot split application on a form
3-16-10) prescribed by the city manager.
Supp.No. 19 CD98:13
§98-66 CAPE CANAVERAL CODE
3
(2) The information required for preliminary shall, at a duly noticed public hearing,
plat approval set forth in section 98-41. review and consider the planning and
(3) A filing fee established by resolution of zoning board's recommendation and shall
the city council. either approve or deny the proposed lot
split. Any approval of a lot split shall be
(d) City staff review. by resolution of the city council.
(1) Upon receipt of a complete lot split appli-
cation, the planning official shall review (f) Review criteria. Before any lot split is rec-
ommended for approval by the planning and
and forward to the appropriate city re- zoning board or approved by the city council, the
viewing staff a copy of same and such applicant must demonstrate, and the planning
other documents to enable the city review- and zoning board or city council must find, that
ing staff to review the application and the proposed lot split meets the following criteria:
either find the application to be sufficient
or point out areas that are inadequate or (1) The proposed lot split is in compliance
improper. The city attorney shall review with the provisions of this article and
the title opinion or certification. applicable law.
(2) City reviewing staff shall return in writ- (2) The application is consistent with the
ing all comments, recommendations and city's comprehensive plan.
questions to the applicant within 30 days
of receipt of applicant's complete applica- (3) The application does not create any lots,
tion. tracts of land or developments that do not
(3) Should any comment or recommendation conform to the City Code.
made by the city reviewing staff require (4) The application provides for proper in-
the applicant to revise its submittal, the gress and egress through a public or ap-
city reviewing staff shall review the re- proved private street or perpetual cross
vised submittal and return all comments, access easements.
recommendations and questions to the
planning official, who shall then forward (g) Special notice for residential lot splits. Any
all documents to the applicant. proposed lot split of a residentially zoned property
(4) Upon receiving satisfactory reviews from shall require special notice be provided to adja
all of the city reviewing staff, the appli- cent property owners at least 14 days prior to the
cant shall submit revised copies of the lot planning and zoning board hearing on the pro
split and other information required by posed residential lot split. Said notices shall be
this section. The number of copies re provided by regular mail to adjacent property
quired shall be determined by city staff. owners within 500 feet of the property subject to
Upon receipt of all documents, the plan the lot split application, and shall include the
ning official shall schedule the applica- address and legal description of the subject prop-
tion for consideration by the planning and erty, and the date, time and location of the plan
zoning board. ning and zoning board hearing. Notices provided
under this subsection are hereby deemed to be
(e) Public hearings. courtesy notices only and the failure to provide or
(1) The planning and zoning board shall con- receive said notices shall not be a basis of appeal-
sider an application for lot split at a duly ing any decision made under this section. Appli-
noticed public hearing and shall vote to cants shall be solely responsible for the cost of the
recommend approval or disapproval of the notices required by this subsection.
lot split to the city council. (h) Recording. Upon approval of any lot split
(2) Upon receipt of the planning and zoning by resolution of the city council, the plat docu-
board's recommendation, the city council ments shall be duly recorded in the public records
Supp. No. 19 CD98:14
SUBDIVISIONS §98-72
L
of Brevard County in accordance with section cations.The improvements covered under
98-62 and the lot split shall be reflected on the this permit shall be completed prior to
appropriate city maps and documents. final plat approval; or
(i) Restriction on additional lot split. No fur- (2) Construction after final plat approval.The
ther division of an approved lot split is permitted applicant shall submit construction plans
under this section, except through the prelimi- and specifications as required in this chap-
nary and final plat review procedures of this ter for subdivision improvements. The
article. plans and specifications shall be submit-
(Ord. No. 03-2010, § 2, 3-16-10) ted with a final plat for approval and the
applicant shall provide the security re-
quired in section 98-59 for the perfor-
ARTICLE III. CONSTRUCTION mance of such construction. This permit
shall be for all improvements which are to
DIVISION 1. GENERALLY be constructed after final plat approval.
(Ord. No. 22-93, § 1(503.09(1)), 7-6-93)
Secs. 98-67, 98-68. Reserved. Sec. 98-71. Submission of construction plans
and specifications.
DIVISION 2. PERMIT
The applicant requesting a permit under either
Sec. 98-69. Required; penalty. of the procedures described in section 98-70 shall
furnish to the city five sets of plans and specifi-
It shall be unlawful for any person to construct cations designed in accordance with the require-
ments improvement or any part of an improvement ments of this chapter for the construction of the
within a tract without a valid construction permit roads, sidewalks, bikeways, drainage and water
issued for such construction under the provisions management facilities, utilities, lot filling and
of this chapter. Each day a person constructs any other required improvements as described in sec
subdivision improvement or part of an improve- tion 98-86 et seq., including a master drainage
ment within the tract without a valid construc map and subsoil investigation report.All construc-
tion permit constitutes a separate offense under tion plans and specifications must be designed,
this chapter. signed and sealed by a professional engineer who
(Ord. No. 22-93, § 1(503.09(8)), 7-6-93) is registered in the state.
(Ord. No. 22-93, § 1(503.09(2)), 7-6-93)
Sec. 98-70. Procedure.
Sec. 98-72. Review.
The applicant must obtain a single construc-
tion permit from the city for the construction of all Upon receipt of the plans and specifications
subdivision improvements. After approval of the submitted pursuant to section 98 71, the city
preliminary plat, the applicant may apply for a shall forward two sets of the plans and specifica
construction permit under either of the following tions to the city engineer. Within ten working
procedures: days after receipt of such plans and specifications,
the city engineer shall review the submittal and
(1) Construction before final plat approval. submit recommendations to the city. The city
The applicant shall submit construction engineer shall review the plans and specifications
plans and specifications, along with the for conformity with the design of the preliminary
security required in section 98-59, as re- plat and the construction specification require-
quired in this chapter for subdivision im- ments of this chapter and any other applicable
provements. A certificate of ownership policy, ordinance, law or regulation.
shall accompany such plans and specifi- (Ord. No. 22-93, § 1(503.09(3)), 7-6-93)
Supp.No. 19 CD98:14.1
§98-73 CAPE CANAVERAL CODE
j
Sec. 98-73. Approval of plans and specifica- from the date of its issuance. The failure to
tions. complete construction of the improvements within
If a subdivision is to be provided potable water one year shall automatically revoke the construc-
tion permit unless the planning and zoning board
or sanitary sewer service by an authority other grants an extension of such permit if good cause is
than the city, the applicant shall provide the city demonstrated in the applicant's written request
engineer with written confirmation that the au for such an extension.
thority has approved the plans and specifications (Ord. No. 22-93, § 1(503.09(7)), 7-6-93)
for the water or sanitary system in the subdivi-
sion. After the review by the city engineer, all
staff recommendations shall be furnished to the Secs. 98-77-98-79. Reserved.
planning and zoning board with the plans and
specifications. The board shall approve, disap- DIVISION 3. INSPECTIONS; CERTIFICATE
prove or approve subject to specified conditions OF COMPLETION
the construction plans and specifications based on
the requirements of this chapter. Sec. 98-80. Inspections.
(Ord. No. 22-93, § 1(503.09(4)), 7-6-93)
The city and such other agencies having con-
Sec. 98-74. Master survey point. struction review responsibilities, or their repre-
sentatives, shall have the right and privilege to
Prior to the issuance of a construction permit inspect and visit the tract for the purpose of
the applicant shall submit to the city a certificate insuring that all improvements are being con-
from a surveyor registered in the state that a structed in conformity with the provisions of this
concrete permanent reference marker has been chapter, and the approved construction plans and
located in the public right-of-way at a corner point specifications.
of the subdivision near the entrance way of the (Ord. No. 22-93, § 1(503.10(1)), 7-6-93)
proposed subdivision. The permanent reference
marker shall be identified on the plat of the Sec. 98-81. Submission of data.
subdivision as the master survey point for the
subdivision and shall be used to establish the The city shall have the right, on or before the
grade level for all improvements in the subdivi- issuance of a construction permit, to require the
sion. submission of all required data, tests and reports
(Ord. No. 22-93, § 1(503.09(5)), 7-6-93) specified in this chapter.
(Ord. No. 22-93, § 1(503.10(2)), 7-6-93)
Sec. 98-75. Issuance.
Sec. 98-82. Notification.
After the approval of the planning and zoning
board, the city shall issue a construction permit (a) The city shall be specifically notified of the
for the construction of the improvements in con- commencement and completion of the following
formity with the approved plans and specifica- items of construction so that an inspection can be
tions, the subdivision plat and the requirements performed to assure construction in conformity
of this chapter. The construction permit shall be with the approved construction plans and specifi-
posted in a conspicuous place in the open at the cations and the requirements of this chapter:
construction site. (1) Storm sewers, sanitary sewer lines, and
(Ord. No. 22-93, § 1(503.09(6)), 7-6-93)
all other utilities prior to backfilling.
Sec. 98-76. Term; revocation. (2) Stabilized subgrade.
A construction permit issued under this divi- (3) Curb and concrete work.
sion shall be void if construction of the required (4) Roadway base.
improvements does not commence within 180
days.A construction permit shall expire one year (5) Surface course.
"%Ns)
Supp.No. 19 CD98:14.2
SUBDIVISIONS §98-82
L
(6) Permanent reference monuments and per-
manent control points.
(b) The failure to notify the city of the com-
mencement and completion of the construction of
the items listed in subsection (a) of this section
L
L
Supp. No. 19 CD98:14.3
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ZONING § 110-1
L
ARTICLE I. IN GENERAL purpose of transporting or moving persons, ani-
mals, freight, merchandise or any substance. The
Sec. 110-1. Definitions. term shall include passenger cars, trucks, buses,
The following words, terms and phrases, when motor homes, motorcycles, scooters and station
used in this chapter, shall have the meanings wagons, but shall not include tractors, construc
ascribed to them in this section, except where the tion equipment or machinery or any device used
context clearly indicates a different meaning: for performing a job, except as stated in this
definition.
Access easement. See the definition of "utility
access easement." Awning means a detachable, rooflike cover,
supported by the walls of a building for protection
Accessory use means a use or structure on the from sun or weather.
same lot with and of a nature customarily inci-
dental and subordinate to the principal use or Block means the area between two adjacent
structure. streets or if no streets are present an area not to
Adult congregate living facilities means the exceed 600 feet in length or width.
same as defined by F.S. § 400.402.
Bottle club means a membership composed of a
Alcoholic beverage means the same as defined group of people which permits the consumption of
by F.S. § 561.01(4)(a). alcoholic beverages on a premises without charge.
Alley means any public or private right-of-way Membership shall be for a period of not less than
set aside for secondary public travel and servicing one year.
which is less than 30 feet in width. Building means any structure built for the
Antenna means any exterior transmitting or support, shelter or enclosure of persons, animals,
receiving device mounted on a tower, building or chattels or property of any kind which has enclos-
structure and used in communications that radi- ing walls for 50 percent of its perimeter.The term
ate or capture electromagnetic waves, digital sig- "building" shall be as if followed by the words "or
nals, analog signals, radio frequencies (excluding part thereof" For the purpose of this chapter,
radar signals), wireless telecommunications sig- each portion of a building separated from other
nals or other communication signals. portions by a firewall shall be considered as a
Apartment. See the definition of"dwelling,mul separate building. For the purpose of area and
height limitations, this definition shall be appli-
tiple-family." cable to sheds and open sheds.
Apartment hotel means a building designed for
or containing both apartments and individual Building official means the official charged
guestrooms or rental units,under resident super- with the administration and enforcement of this
vision,and which maintains an inner lobby through chapter as provided in article II of this chapter.
which all tenants must pass to gain access to
apartments, rooms or units. Camper trailer. See the definition of "recre-
ational vehicle."
Approved structure means that which is built
or constructed or an edifice or building of any kind Camper(truck mounted)means a portable struc-
in which collected nonhazardous material may be ture designed to be mounted on a truck or similar
stored. type vehicle, for the purpose of converting the
Automotive repair facilities includes all mechan vehicle into a movable living unit, and customar-
ical engine overhaul or repair and bodywork and ily used for recreational or camping use.
painting of automotive vehicles.
Child care facility means any child care center
Automotive vehicle means any self-propelled or child care arrangement as defined by F.S.
vehicle or conveyance designed and used for the § 402.302, as may be amended.
Supp.No. 19 CD110:7
§ 110-1 CAPE CANAVERAL CODE
Church means any building occupied on a Dedication means the deliberate appropriation
permanent basis for religious exercises as a pri- of land by its owner for any general and public
mary use. uses, reserving to himself no other rights than
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- Drive-in restaurant or refreshment stand means
odists, naturopaths, optometrists, dentists or any any place or premises used for sale,dispensing or
similar profession, the practice of which is li- servicing of food, refreshments or beverages in
censed in the state. The term does not include a automobiles,including those establishments where
place for the treatment of animals. 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 dedicated premises.
canal, within the site and designed and intended Drive, private, means a private way set aside
for the use or enjoyment of residents living within for vehicular traffic that does not exceed 200 feet
the zone or development area. Common open in developed length and serves less than four
space may contain such complementary struc- residential, commercial or any combination of
tures and improvements as are necessary and residential and commercial units.
appropriate for the benefit and enjoyment of the
residents. Dwelling, mobile home, means a detached res-
idential dwelling unit over eight feet in width,
Construction site means a lot or parcel upon which bears a seal from the United States depart-
which development is immediately proposed or in ment of housing and urban development, de-
progress, as authorized by a current building signed for travel over highways and streets or for
permit. house accommodations or both, manufactured on
an integral chassis or undercarriage and arriving
Containers means any cans, barrels, drums or at the site where it is to be occupied, except for
tanks, except stationary tanks, which would be minor and incidental unpacking and assembly
used for the outside storage of nonhazardous operations, location on jacks or other temporary
materials. or permanent foundations, connection to utilities
and the like.
Convalescent home means a building where
regular nursing care is provided for more than Dwelling, multiple-family, means a residential
one person, not a member of the family, who building designed for or occupied by three or more
resides on the premises. families,with the number of families in residence
not exceeding the number of dwelling units pro-
Court means an unoccupied open space on the vided.
same lot with the principal building and enclosed
on at least three adjacent sides by walls of the Dwelling, single-family, means a detached res-
principal building. idential dwelling unit other than a mobile home,
designed for and occupied by one family.
Courtesy notice means a notice of a public
Dwelling, two-family, means a detached resi-
hearing not required by law, mailed at the city's dential building containing two dwelling units,
discretion pursuant to the provisions of this chap designed for occupancy by not more than two
ter to property owners within 500 feet of property families.
which is the subject of the public hearing. Cour-
tesy notices may be sent by regular or certified Dwelling unit or living unit means one room or
mail, as set forth herein. rooms connected together,constituting a separate
Supp. No. 19 CD 110:8
ZONING § 110-1
L
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. 19 CD110:8.1
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3
ZONING § 110-1
L
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, 110-538 and 110-567. All required set-
group of units in a condominium, cooperative, or back areas shall be landscaped with greenery
timeshare plan which is rented more than three (sod) and shall be properly maintained.
times in a calendar year for periods of less than 30
days or one calendar month,whichever is less, or Shed means any structure built for the sup-
which is advertised or held out to the public as a port, shelter or enclosure of persons, animals,
place regularly rented for periods of less than 30 chattels or property of any kind which has enclos-
days or one calendar month, whichever is less. ing walls for less than 50 percent of its perimeter.
Resort dwelling shall mean any individually or Shopping center means three or more units for
collectively owned one-family, two-family, three- purposes of mercantilism.
family, or four-family dwelling house or dwelling
unit which is rented more than three times in a Sign means the same as defined in chapter 23
calendar year for periods of less than 30 days or of the building code adopted in section 82-31.
one calendar month,whichever is less,or which is Special exception means a use that would not
advertised or held out to the public as a place be appropriate generally or without restriction
regularly rented for periods of less than 30 days throughout the zoning division or district but
or one calendar month, whichever is less. which,if controlled as to number,area,location or
Restaurant means any building or structure or relation to the neighborhood, would promote the
Lirre portion thereof in which food is prepared and
served for pay to any person not residing on the public health, safety, welfare, morals, order, com-
fort, convenience, appearance, prosperity or gen-
eral welfare. Such uses as may be permitted by
premises. the board of adjustment are identified for each
Right-of-way means land reserved, used or to zoning district as special exceptions.
be used for a street, alley, walkway, drainage Story means that portion of a building included
facility or other public purpose. between the floor surface and the upper surface of
Satellite dish means any device incorporating a the floor next above or any portion of a building
reflective surface that is solid, open mesh, or bar used for human occupancy between the topmost
floor and roof. A basement or cellar not used for
configured that is shallow dish, cone, horn, or
cornucopia shaped and is used to transmit and/or human occupancy shall not be counted as a story.
receive electromagnetic signals. This definition is Street means a public or private right-of-way
meant to include, but is not limited to, what are set aside for public travel.
commonly referred to as satellite earth stations,
TVROs, and satellite microwave antennas. Street centerline means the midpoint of the
street right-of-way.
Schoolgrounds means all the land included in
the lot or parcel upon which a school building is Street, private, means a private way set aside
regularly used,except during vacation periods,by for vehicular traffic that exceeds 200 feet in
elementary and secondary school students. The developed length or serves four or more residen-
school and land may be public or private. tial,commercial or any combination of residential
and commercial units. Private streets shall be
Service station means a building and premises installed in accordance with section 98-92.
where petroleum products are supplied at retail,
as a primary use,and where,in addition, services Street right-of-way means the property line
may be rendered and sales made as specified by which bounds the right-of-way set aside for use as
this chapter. a street.
Supp.No. 19 CD110:13
§ 110-1 CAPE CANAVERAL CODE
V
Structure means that which is built or con- contrary to the public interest and when,owing to
structed. conditions peculiar to the property and not the
result of the actions of the applicant, a literal
Swimming pool means any portable pool or enforcement of this chapter would result in un-
permanent structure containing a body of water necessary and undue hardship. As used in this
18 inches or more in depth or 250 square feet of chapter, a variance is authorized only for height,
surface area or more of water service area,includ-
area, size of structure or size of yards and open
ing an ornamental reflecting pool or fish pond or spaces; establishment or expansion of a use oth-
other type of pool, regardless of size, unless it is erwise prohibited shall not be allowed by variance
located and designed so as not to create a hazard nor shall a variance be granted because of the
or not be used for swimming or wading. presence of nonconformities in the zoning district
Tent means a collapsible shelter of canvas or or used in an adjoining zoning district.
other fabric-type material. Wall means a structure forming a physical
Terrace means an open space adjacent to the barrier, which is constructed of concrete or ma-
principal building on one or two sides, prepared sonry composite.
with a hard, semihard or improved surface, for Wall, concrete boundary, means a structure
the purpose of outdoor living. constructed using concrete, either poured or in
Total floor area or gross floor area means the block form,along the property boundary or within
area of all floors of a building, including finished the setback and used as a dividing line between
attics, finished basements and all covered areas, parcels of property in a residential zone, specifi
including porches, sheds, carports and garages. tally 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
and trailers. No. 04-2007, § 2, 6-19-07; Ord. No. 04-2008, § 3,
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)
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 (a) A board of adjustment is established and
qualify as an alley pursuant to chapter 98 per shall consist of five members.
taming to subdivisions.
(b) The board of adjustment shall have the
Vacant means a building or parcel of land that
powers and duties to consider applications for
is neither occupied nor used. special exceptions, variances, and administrative
Variance means a relaxation of the terms of appeals under this chapter.
this chapter when such variance will not be
Supp.No. 19 CD110:14
ZONING § 110-296
L
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 age 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-
521. 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
Lire' playfields and recreation facilities. feet.
Supp. No. 19 CD110:35
§ 110-296 CAPE CANAVERAL CODE
J
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
2. One bedroom, 650 square feet area of medium density residential development
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. 19 CD110:36
ZONING § 110-315
L11110e
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 (Code 1981, § 637.35)
the abutting waterway is over 100
feet in width at such point where the Sec. 110-315. Prohibited uses and structures.
pier or dock is constructed.
In the R-3 medium density residential district,
b. No watercraft moored to such use all uses and structures not specifically or provi-
shall be used as living quarters, ex- sionally permitted in this division are prohibited.
cept as provided by section 110-552. (Code 1981, § 637.37)
c. All applicable regulations and restric-
tions of the U.S. Army Corps of En-
gineers and other federal, county,
state and local controls shall be ad-
hered to.
4111kirtioe.
(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. 19 CD110:36.1
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3
3
CODE COMPARATIVE TABLE
L
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(0
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)
Supp.No. 19 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(6)(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
05-2010 4-20-10 2 110-1
Added 10-294(6)
Supp. No. 19 CCT:22
Le
STATE LAW REFERENCE TABLE
This table shows the location within this Charter and Code,either in the text or notes following
the text,of references to the Florida Statutes.
F.S. Section F.S. Section
Section this Code Section this Code
1.01 1-2 91-7
34.191
Ch. 50 94-5
ch. 50 2-288 102-37
50.041 2-288 162.05 2-257
50.051 2-288 162.09(3) 78-60
60.05 2-292 162.21(6) 2-287(e)
2-296 162.22 10-92
2-297 ch. 163 58-56
chs.97-106 Char.Art. III 110-37(a)
Char.Art.XXI 163.3161-163.3211 58-57
Ch. 26 163.3174 58-56
26-1 163.3178 82-93
97.041 Char.Art.XXI,§2 163.3180(12) 86-22
98.041 Char.Art.XXI,§2 86-26
Char.Art.XXI,§9 163.3180(16) 86-21
98.041 et seq. Char.Art.XXI,§ 2 163.3180(16)(b)1 86-23
100.361 Char.Art.XXI, 163.3180(16)(e) 86-25
L §§ 10, 11 163.3220 86-2
101.161 Char.Art.XXI,§ 16 ch. 166 Char.Art. 1, §3
101.657 26-5 Char.Art. II
112.061 2-300 Char.Art. II,§ 1
112.311 et seq. Char.Art.XXIV, Char.Art.XIII, §§ 1, 2
§ 13 Char.Art.XIII,§§4-6
112.3135 Char.Art.XXIV, §8 Char.Art.XV, §2
112.3143 2-67 Char.Art.XVI, § 1
ch. 119 78-98 Char.Art.XVII,§ 1
119.011 2-116 Char.Art. XVII, §§3-6
119.021 2-116 Char.Art. XVII, §§8,9
161.041 82-85 Char.Art.XX
161.053 Ch. 14,Art. III Char.Art.XXI,§ 2
161.52 et seq. Ch.82,Art. IV Char.Art.XXII
161.55(1)(d) 82-94 Char.Art.XXIV, § 1
82-81 Char.Art.XXIV,
161.142 Ch. 14,Art. III § 10
161.161 Ch. 14,Art.III 110-37
161.163 Ch. 14,Art. III 110-37(a)
ch. 162 Ch. 2,Art.VI 166.021(5) Char.Art.XIII, § 3
2-256 Char.Art.XIV,
2-258 §§ 1-3
2-260 Char.Art.XVII, § 7
2-281 Char.Art. XVII,
2-282 § 10
2-296 166.021(10) 2-300
10-92 166.04 110-137
34-42 166.041 Char.Art.XXIV, §4
Llise 82-400(f) 1-11
Supp. No. 19 SLT:1
CAPE CANAVERAL CODE
,..i.i.01)--
F.S. Section F.S. Section
Section this Code Section this Code
10-87 316.293 Ch. 34,Art.V
110-137(e) 316.650 Char.Art.XIII,§6
166.046 App.A,Art. I 316.1936 Ch. 6,Art. III,Div. 2
166.101 Ch. 2,Art.V 316.1945 74-56
166.101 et seq. Ch. 70 Ch. 318 74-63
166.222 82-322 320.823 82-81
166.231 Ch. 70,Art. II 82-88
70-27 Ch. 337 66-1
166.231(1)(b) 70-29 339.155 86-29
166.232 Ch. 70,Art. II 370.12 Ch. 14,Art. III
166.241 Char.Art.XVII, § 1 380.04 86-2
Char.Art.XVII, §9 ch. 381 10-163
166.3164 115-1(7) ch. 386,pt. I 10-62
167.22 App.A,Art. III, §8 400.402 110-1
ch. 170 Char.Art.XX 402.302 110-1
90-192 ch. 403 78-275
ch. 171 Char.Art.XXIII 403.91 et seq. Ch. 106,Art. II
ch. 177 Ch. 98 403.413 Ch. 34,Art. II
98-1 403.415 Ch. 34,Art.V
98-31 403.702 et seq. Ch.62
98-41 403.7046 62-4
98-58 403.801 et seq. 106-29
110-423 ch. 468 82-32
17ch. et seq. 1,0-222Char. 82-14862-
ch. 192 et seq. Char.Art. IX,Char. ch. 470 62-1
Art.X ch. 471 82-322 .4,J
Char.Art.XVIII, 471.003 82-322
Char.Art.XIX 471.005 82-322
Ch. 70 ch. 480 10-90
ch. 194 102-36 ch. 481 82-322
ch. 200 Char.Art.XVII, 489.105 82-322
§§3-6 489.119 82-322
203.012 70-26 489.127 82-375
ch. 205 Ch. 70,Art. III 82-377
70-83 489.127(2) 82-379
205.043(2),(3) 70-81 489.127(5)(j) 82-384
205.053 70-75 489.127(5)(m) 82-380
205.053(1) 70-74 489.129 82-322
70-76 489.131(3)(e) 70-85
205.053(2) 70-75 489.132(1) 82-375
205.053(3) 70-75 82-377
215.85 2-206 489.501 et seq. 30-26
ch. 218 Char.Art.XVIII 501.160 18-5
218.32 Char.Art.XVII,§9 ch. 509 110-1
218.33 Char.Art.XVII,§ 1 110-486
ch. 252 Ch. 18 ch. 515 110-582
ch. 280 Char.Art.XVII, §8 ch. 517 10-86
ch. 286 Ch. 2,Art. II,Div. 3 ch. 553 Ch. 82
286.011 Char.Art.V,§ 1 82-321
ch. 316 74-1 553.36(12) 82-81
74-63 110-1
316.194 74-56 553.71 82-322
316.195 34-34 553.71(7) 82-322
Supp. No. 19 SLT:2
STATE LAW REFERENCE TABLE
L
F.S. Section F.S. Section
Section this Code Section this Code
553.73(8) 82-400(e) 10-108
553.77 82-322 80-1
553.79 2-286(f) ch. 796 10-90
82-322 10-108
553.79(7) 82-323 80-1
553.80 2-286(f) 796.07 2-293
553.900 Ch. 82,Art. IX ch. 800 10-90
556 App.A, art. III, 10-108
§ 13.5 80-1
ch. 561 6-52 800.03 10-90
6-53 806.111 10-86
10-108 ch. 810 80-1
chs. 561-568 110-171(a)(2) ch. 812 80-1
110-172 812.019 2-293
ch. 561 et seq. Ch. 6 ch. 817 80-1
561.01 6-51 ch. 826 10-90
561.01(4)(a) 110-1 10-108
ch. 562 10-108 ch. 827 10-90
562.14 6-26,6-27 10-108
562.45 6-27 839.13 1-13
ch. 563 10-108 ch. 847 10-90
ch. 564 10-108 10-169
ch. 565 10-108 847.013 10-90
565.02(4) 110-171 847.0133 10-90
ch.633 Ch. 38 847.0134 10-101
633.022 Ch. 38,Art. II ch. 849 10-200
633.025 Ch. 38,Art. II, 870.041 et seq. Ch. 18
98-114(o) 874.03 2-293
633.025(1) 38-26 877.03 10-86
633.025(3) 38-28 ch. 893 2-293
658.98 2-206 10-108
ch. 705 34-180 80-1
705.101 et seq. Ch. 34,Art.VI 893.138 2-292
ch. 718 78-276 2-293
110-404 2-294
768.28 Char.Art.XXIV, ch.895 10-108
§ 11, 893.13 10-86
Char.Art.XXIV ch. 901 Char.Art.XIII, §4
§ 12 901.25 Char.Art.XIII,§ 5
ch. 769 10-87 ch. 943 2-284
775.082 2-286(e) 943.25(13) 50-3
Ch. 50
50-1
775.083 2-286(e)
Ch. 50
50-1
790.15 50-1
ch. 791 Ch. 38,Art. IV
791.01 110-1
791.01(4)(b) 38-81
110-1
110-1
LIIIIsoi ch. 794 10-90
Supp.No. 19 SLT:3
j
j.
3
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page
a e
CODE INDEX
LP? 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;
Penalty 34-178 digital alarm communicator system . 30-37
(iiiiipe Property abandoned or lost on public prop- Definitions 30-26
erty 34-180 Disconnection 30-32
Redemption prior to sale by city 34-187 Failure to disconnect; unauthorized re-
Signs and hazardous signs 94-62 connection 30-34
Storing,parking or leaving on private prop- Fees charged;malfunction,false alarms 30-31
erty 34-181 Fees schedule in general. See: FEES (Ap-
Zoning; abandoned variance or special ex- pendix B)
ception 110-32 Issuance,permit;posting 30-29
Operations 30-39
ACCESS Penalty;enforcement 30-35
Franchise regulations in general. See: Permit(alarm)required;fee;renewal 30-27
FRANCHISES(Appendix A) Reconnection 30-36
Land development code regulations re zon- Response to activation; owner response,
ing 110-26 et seq. false alarm,corrective action 30-30
See: LAND DEVELOPMENT CODE ALCOHOLIC BEVERAGES
ACCESSORY STRUCTURES Adult entertainment
Land development code regulations re zon- Establishments,operation of
ing 110-26 et seq. Hours of operation 6-26
See: LAND DEVELOPMENT CODE Nudity on premises where served,
consumed or stored 6-27
ACCIDENTS Land development code regulations re zon-
Vehicles for hire ing 110-26 et seq.
Report of accidents 80.88 See: LAND DEVELOPMENT CODE
Motor vehicles
ACTIONS. See: SUITS, ACTIONS AND Definitions 6-66
OTHER PROCEEDINGS Exceptions 6-69
Open containers prohibited 6-68
ADULT ENTERTAINMENT ESTABLISH- Policy and intents 6-67
MENTS. See: SEXUALLY ORIENTED Ocean beach 6-53
couse, BUSINESSES, ADULT ENTERTAIN-
MENT ESTABLISHMENTS Prohibited in motor vehicles 6-68
Supp.No. 19 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
ALLEYS.See:STREETS,SIDEWALKS AND Land development code regulations re zon-
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 AWNINGS OR CANOPIES
Beaches Signs
Animals prohibited on 14-28 Land development code regulations.... 94-1 et seq.
Bees and beehives prohibited 14-3 See: LAND DEVELOPMENT CODE
Bird sanctuary
Designation of 14-2
County animal control ordinance B
Adopted 14-26 BEACHES
Animal control officer 14-27 Alcoholic beverage possession on Ocean
Parks and beaches beach 6-53
Animals prohibited on 14-28 Animals prohibited on beaches 14-28
Noises,enumeration of prohibited 34-153(5) Dune parking prohibited 74-59
Outdoor entertainment events Sea turtles generally 14-51 et seq.
Permit;turtle protection 10-68 See:ANIMALS AND FOWL
Parks Sleeping and camping in public areas and
Animals prohibited in 14-28 beaches 50-4
Penalty 14-1 Street excavations 66-61 et seq.
Sanctuary See: STREETS, SIDEWALKS AND
Sanctuary,designation of 14-2 OTHER PUBLIC WAYS
Sea turtles Wetlands protection 106-26 et seq.
Beach activities 14-58 See: LAND DEVELOPMENT CODE
Definitions 14-52
Enforcement and penalty 14-53 BEAUTIFICATION BOARD
Exemptions 14-54 Duties 2-184
Existing development 14-56 Established,membership,terms,qualifica-
New development 14-55 tions 2-181
Publicly owned lighting 14-57 Indebtedness 2-186
Purpose and scope 14-51 Meetings 2-182
ANNEXATIONS Planning and zoning board
Coordination with 2-185
Certain ordinances not affected by Code.. 1-10(a)(13) Property maintenance standards 34-91 et seq.
Franchise regulations in general. See: See: PROPERTY MAINTENANCE
FRANCHISES(Appendix A) STANDARDS
Land development code regulations re zon-
ing 110-26 et seq. BEER. See:ALCOHOLIC BEVERAGES
See: LAND DEVELOPMENT CODE
BEES AND BEEHIVES.See:ANIMALS AND
ANNUAL BUDGET. See: BUDGET FOWL
Supp.No. 19 CDi:2
CODE INDEX
Section Section
BIDS AND BIDDING BOATS,DOCKS AND WATERWAYS(Cont'd.)
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 Enforcement
Subdivisions Area of enforcement 54-48
Land development code regulations.... 98-1 et seq. Means of enforcement 54-49
See: LAND DEVELOPMENT CODE 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
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.
LCode enforcement board 2-256 et seq. See:LAND DEVELOPMENT CODE
iseSee: 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. BODIES OF WATER. See: BOATS, DOCKS
See: CODE ENFORCEMENT AND WATERWAYS
Definitions and rules of construction 1-2
Delegation of authority BODIES POLITIC AND CORPORATE
Definitions and rules of construction1-2 Persons;definitions and rules of construe-
Joint authority tion extended and applied to 1-2
Definitions and rules of construction... 1-2
Library board 46-26 et seq. BONDS,SURETY OR PERFORMANCE
See: LIBRARY Certain ordinances not affected by Code.. 1-10(a)(2)
Planning and zoning board 110-3 Franchise regulations generally.See:FRAN-
See: LAND DEVELOPMENT CODE CHISES(Appendix A)
Recreation board 54-26 et seq. Purchasing regulations 2-218(9)
See:PARKS AND RECREATION Signs
Uniform procedures and requirements.... 2-171 Land development code regulations 94-1 et seq.
See: LAND DEVELOPMENT CODE
BOATS,DOCKS AND WATERWAYS
Exhaust of motorboats BOOKS
Noises,enumeration of prohibited 34-153(6) Library 46-1 et seq.
Flood damage prevention 90-26 et seq. See:LIBRARY
See: LAND DEVELOPMENT CODE
Land development code regulations re zon- BOTTLED GAS
Llire ing 110-26 et seq. Public service tax 70-26 et seq.
See: LAND DEVELOPMENT CODE See:TAXATION
Supp.No. 19 CDi:3
CAPE CANAVERAL CODE
Section Section P„
BOUNDARIES BUILDINGS(Cont'd.)
Corporate limits Local planning agency 58-56 et seq.
Definitions and rules of construction... 1-2 See:PLANNING AND DEVELOPMENT
Franchise regulations in general. See: Old building sewers 78-80
FRANCHISES(Appendix A) Permits and miscellaneous fees
Land development code regulations re zon- Fees schedule in general. See: FEES
ing 110-26 et seq. (Appendix B)
See: LAND DEVELOPMENT CODE Plan checking fee
BREVARD COUNTY. See: COUNTY Fees schedule in general. See: FEES
(Appendix B)
BRIDGES Public service tax 70-26 et seq.
Subdivisions See:TAXATION
Land development code regulations.... 98-1 et seq. Sanitary sewer system 78-26 et seq.
See: LAND DEVELOPMENT CODE See: SEWERS AND SEWAGE DIS-
POSAL
BRUSH.See:WEEDS AND DEAD VEGETA- Street excavations 66-61 et seq.
TION See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
BUDGET Weeds and dead vegetation 34-121 et seq.
City manager See: WEEDS AND DEAD VEGETA-
Powers and duties 2-101(4) TION
City treasurer
Duties 2-141(2) BULK CONTAINERS
Solid waste 62-1 et seq.
BUFFERS AND BUFFERING See: SOLID WASTE
Flood damage prevention 90-26 et seq.
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.
See:LAND DEVELOPMENT CODE
BUILDINGS. See also: LAND DEVELOP-
MENT CODE BURGLAR ALARMS.See:ALARM SYSTEMS
Beautification board 2-181 et seq. BURNING
See: BEAUTIFICATION BOARD Solid waste 62-11(b)
Building appearance and maintenance ... 34-98
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. Sexually oriented businesses, adult enter-
See:LAND DEVELOPMENT CODE tainment establishments
Franchise regulations generally.See:FRAN- Local business tax receipts/home occu-
CHISES(Appendix A) pations 10-128
Impact fees 2-231 et seq. Solicitors,peddlers and itinerant vendors. 16-26 et seq.
See: IMPACT FEES See: PEDDLERS, CANVASSERS AND
Land development code regulations re zon- SOLICITORS
ing 110-26 et seq. Solid waste 62-1 et seq.
See: LAND DEVELOPMENT CODE See: SOLID WASTE
Supp. No. 19 CDi:4
CODE INDEX
L111100e Section Section
C CITY(Cont'd.)
CABLE TELEVISION Library board
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
CANALS Council
Attendance at meetings 2-127
Subdivisions Duties 2-126
Land development code regulations.... 98-1 et seq.
See: LAND DEVELOPMENT CODE CITY CLERK
CANVASSERS.See:PEDDLERS,CANVASS- Duties 2-116
ERS AND SOLICITORS
CITY COUNCIL
CAPE CANAVERAL.See: CITY City attorney
Duties 2-126
CAPITAL EXPANSION PLANS City manager
Impact fee 2-237 Powers and duties 2-101(2)
CAPITAL EXPANSION TRUST FUND Compensation
Impact fees 2-236 Established for councilmembers other
than mayor 2-41
CARS.See:MOTOR VEHICLES AND TRAF- Mayor,established for 2-42
LIIIIe FIC Definitions and rules of construction 1-2
CAUSES Election 2-26
Effect of repeal of ordinances 1-9(b) Eminent domain powers re economic devel-
opment 2-70
CEMETERIES Library board
Parks and recreation areas 54-1 et seq. Reports to 46-32
See: PARKS AND RECREATION Mayor
CERTIFICATES OF OCCUPANCY Compensation established for 2-42
Land development code regulations re zon- Meetings
ing 110-26 et seq. Adjournment 2-69
See:LAND DEVELOPMENT CODE Adoption of motion 2-67
Sewer impact fee requirements 78-125 Call to order;quorum;roll call 2-64
City attorney to attend 2-127
CHARTER Consideration of matters before council 2-66
Definitions and rules of construction 1-2 General discussion 2-68
CITY Minutes 2-65
Abandoned property Ordinances and resolutions
Compliance with notice or order to re- Preparation prior to meeting 2-59
move; removal by city upon non- Parliamentary procedure 2-61
compliance 34-184 Preparation and notice of agenda 2-60
Disposition of property removed by city 34-186 Presiding officer 2-62
Notification of owner following removal Regular meetings 2-56
by city 34-185 Sergeant at arms 2-63
Redemption prior to sale by city 34-187 Special meetings 2-57
Corporate limits Workshop meetings 2-58
Definitions and rules of construction... 1-2 Ordinances and resolutions
Definitions and rules of construction 1-2 Preparation prior to meeting 2-59
Flood damage prevention 90-26 et seq. Regular meetings 2-56
See: LAND DEVELOPMENT CODE Special meetings 2-57
Lile Franchise regulations in general. See: Subdivisions
FRANCHISES(Appendix A) Plats and lot splits
Supp.No. 19 CDi:5
CAPE CANAVERAL CODE
Section Section
CITY COUNCIL(Cont'd.) CODE ENFORCEMENT(Cont'd.)
Final plat Issuance procedure 2-287
Planning and zoning board and Payment of penalty;court hearings 2-289
city council review; general Training of code enforcement officers 2-284
criteria for approval 98-61 Violation;penalties;general 2-286
Uncontested elections 2-27 Code enforcement board
Workshop meetings 2-58 Created 2-256
CITY ENGINEER Liens;application for satisfaction or re-
Duties 2-151 lease of 2-260
Membership 2-257
CITY MANAGER Powers and duties 2-258
Acting city manager 2-102 Responsibilities 2-258
Civil emergencies Violations and penalties
Persons authorized to declare 18-2 Prosecution of violations with no crim-
Criminal nuisance abatement board 2-292 et seq. final penalty 2-259
See: CODE ENFORCEMENT Criminal nuisance abatement board
Powers and duties 2-101 Appeal 2-298
CITY TREASURER Criminal nuisances established; viola-
Duties 2-141 tions 2-295
Fees schedule in general. See: FEES (Ap- Enforcement procedures; notice; hear-
pendix B) ing 2-296
Establishment; membership; meetings;
CIVIL EMERGENCIES definitions 2-293
Authority;governor's;president 18-7 Penalties;fines;liens;recording 2-297
Definitions 18-2 Powers 2-294
Duration and termination of emergency .. 18-4 Purpose and intent 2-292
Emergency powers and measures 18-3
Persons authorized to declare emergency 18-2 CODE OF ORDINANCES*
Sale of goods, services, or materials at Altering Code 1-13
....,)
unconscionable prices 18-5 Amendments to Code 1-11
Violations and penalties 18-6 Catchlines of sections 1-3
CLERK. See: CITY CLERK Certain ordinances not affected by Code 1-10
Chapters or sections,references to 1-5
CLUBS Code does not affect prior offenses, rights,
Persons;definitions and rules of construc- etc. 1-8
tion extended and applied to 1-2 Definitions and rules of construction 1-2
COASTAL CONSTRUCTION Effect of repeal of ordinances 1-9
Coastal construction code 82-88 et seq. General penalty; attorneys' fees and costs 1-15
Buildings and building regulations.See: History notes 1-4
LAND DEVELOPMENT CODE How Code designated and cited 1-1
Provisions considered as continuation of
CODE ENFORCEMENT existing ordinances 1-7
Abandoned vehicles References and editor's notes 1-6
Code enforcement board hearing proce- Severability of parts of Code 1-14
dure 34-183 Supplementation of Code 1-12
Buildings and building regulations
Citations; unlicensed contractors; fail- CODES
ure to obtain building permit 82-375 et seq. City election code adopted 26-1
Citations(code enforcement) Technical codes. See that subject
Applicable codes, ordinances; class vio-
lation 2-283 COMMITTEES AND COMMISSIONS. See:
Citation powers;personal investigation; BOARDS, COMMITTEES AND COM-
reasonable cause 2-285 MISSIONS
Citation program,authorization of 2-282
Classes of violations,penalties 2-291 *Note—The adoption, amendment, repeal, omissions, effec-
Definitions 2-281 tive date,explanation of numbering system and other matters
Enter upon property,authorization to2-290 pertaining to the use, construction and interpretation of this
Form(citation) 2-288 Code are contained in the adopting ordinance and preface
Intent;purpose 2-280 which are to be found in the preliminary pages of this volume.
Supp.No. 19 CDi:6
CODE INDEX
CINoe 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.
L
Land development code regulations re zon- COUNTY
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
CONNECTIONS CYCLONES
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
CONTRACTORS DEBRIS.See also: SOLID WASTE
Local business tax Burial of debris 34-41
Lope
Supp.No. 19 CDi:7
CAPE CANAVERAL CODE
Section Section
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
OTHER PUBLIC WAYS
DEEDS 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.1 EASEMENTS
See:FIRE PREVENTION Subdivisions
Joint authority Land development code regulations.... 98-1 et seq.
Definitions and rules of construction1-2 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
lifyg
DEVELOPMENT.See:PLANNING AND DE- Quaneral period
VELOPMENT Geenerally 26-3
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 regulations94-1 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. 19 CDi:8
CODE INDEX
Lioe 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.
LI110? 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 ANT)LIGHTING erator regulator by federal govern-
Litter 34-26 et seq. ment 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)
Laille' ' See: SEWERS AND SEWAGE DIS- Impact fees 2-231 et seq.
POSAL See: IMPACT FEES
Supp.No. 19 CDi:9
CAPE CANAVERAL CODE
Section Section
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
Sewer fees where owner has private water incurred 1-9(b)
supply 78-154 Franchise regulations in general. See:
Sexually oriented businesses, adult enter- FRANCHISES(Appendix A)
tainment establishments license General penalty; attorneys' fees and costs 1-15
Annual license fee 10-103 Penalties for specific acts,omissions,viola-
Application;fee 10-95 tions,etc. See specific subjects as in-
Solid waste dexed
Schedule of fees 62-5 FIRE AND RESCUE IMPACT FEES
Street excavations permit fee 66-83 Fees schedule in general. See: FEES (Ap-
Vehicles for hire pendix B)
Driver's permit fee 80-55
Fees to be in addition to other taxes and FIRE DEPARTMENT. See: FIRE PREVEN-
charges 80-3 TION
FENCES, WALLS, HEDGES AND ENCLO- FIRE LANES
SURES Designation of 74-62
Land development code regulations re zon- FIRE PREVENTION
ing 110-26 et seq. Alarm systems generally 30-26 et seq.
See:LAND DEVELOPMENT CODE See:ALARM SYSTEMS
Signs Bottled gas
Land development code regulations.... 94-1 et seq. Use restrictions;permit required 38-5
See:LAND DEVELOPMENT CODE Conformance 38-34
FINANCES Doors to businesses or public halls 38-6
Building sewers Fire chief
Duties 38-58
Cost of installation 78-78 Fire department
Certain ordinances not affected by Code 1-10(a)(2) Fire protection services;emergency med-
City treasurer ical services 38-56
Duties 2-141(1) 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. 19 CDi:10
CODE INDEX
LIIIIIe 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 1-13
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 I-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 I-11
Operators 38-85 Payment to city I-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
Storage of materials 38-87 Quality of service I-27
LIO0 Removal of facilities upon request 1-15
. FIRMS Re-regulation I-25
Persons;definitions and rules of construe- 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 Acceptance by grantee II-2
Land development code regulations re zon- Amount of payments by grantee to
ing 110-26 et seq. grantor II-6
See:LAND DEVELOPMENT CODE Competition by grantor I1-8
Wetlands protection 106-26 et seq. Effective date II-12
See: LAND DEVELOPMENT CODE Forfeiture I1-9
Grant II-1
FLOODLIGHTS Liability II-4
Spill-over lighting requirements 34-206 et seq. Location of facilities II-3
See: LIGHTS AND LIGHTING Monthly payments I1-7
Rates,rules and regulations II 5
FLORIDA RAILROAD AND PUBLIC UTILI- Repeal of conflicting ordinances II-11
TIES COMMISSION Validity II-10
Franchise regulations in general. See: Gas franchise agreement
FRANCHISES(Appendix A) Books and records available to city III-XIV
FLORIDA. See: STATE Definitions III-IV
Design and construction provisions III-XIII
FORFEITURE.See:FINES,FORFEITURES Effective date of franchise;term III-VI
AND OTHER PENALTIES Franchise fees III-IX
L Franchise operation III-VII
FOWL. See:ANIMALS AND FOWL Forfeiture or revocation III-X
Supp.No. 19 CDi:11
CAPE CANAVERAL CODE
Section Section Ng)
FRANCHISES(Appendix A)(Cont'd.) GENERATORS
Grant of franchise III-V Emergency pad-mounted generators
Indemnification and hold harmless III-XII Zoning requirements 110-484
Liability and insurance III-XI
Miscellaneous provisions III-XVII GIFTS
Preferential or discriminatory practices Purchasing procedure 2-226(b)
prohibited III-XV
Purpose and goals III-III GLASS CONTAINERS
Recitals III-I Park and recreation prohibitions 54-1
Service standards III-XVI
Short title III-II GRADES AND GRADING
Transfer of ownership or control III-VIII Concurrency management 86-1 et seq.
Telephone See: LAND DEVELOPMENT CODE
Company liability: indemnification IV-4 Flood damage prevention 90-26 et seq.
Compliance with applicable law and or- See: LAND DEVELOPMENT CODE
dinances IV 3 Street excavations 66-61 et seq.
Conditions on street occupancy IV-5 See: STREETS, SIDEWALKS AND
Definitions IV-1 OTHER PUBLIC WAYS
Fees paid by company IV-7 Street grades
Grant of permission IV-2 Certain ordinances not affected by Code 1-10(a)(10)
Limitations on obligations of city IV-10 Tree protection,land clearing 102-36 et seq.
Severability IV-11 See: LAND DEVELOPMENT CODE
Street occupancy,conditions on IV-5
Terms of rights granted IV-9 GUTTERS
Transfer of rights granted herein IV-6 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
Streets,sidewalks and other public ways Litter regulations 34-51 et seq.
Franchise agreements 66-1 See: LITTER
FRAUD HARASSMENT
Solicitors, peddlers and itinerant mer-
chants 16-30 Solicitors and itinerant merchants
Harassment prohibited 16-28
F.S. (Florida Statutes)
Definitions and rules of construction 1-2 HAZARDOUS MATERIALS AND SUB-
STANCES
FUEL GAS. See: GAS Fire prevention regulations re 38-90 et seq.
FUEL OIL See: FIRE PREVENTION
Public service tax 70-26 et seq. Solid waste generally 62-1 et seq.
See:TAXATION See: SOLID WASTE
Specifically 62-11(d)
G HEALTH AND SANITATION
GARAGE SALES Abandoned property 34-181 et seq.
Land development code regulations re zon- See:ABANDONED PROPERTY
ing 110-26 et seq. Local planning agency 58-56 et seq.
See:LAND DEVELOPMENT CODE See:PLANNING AND DEVELOPMENT
Sanitary sewer system 78-26 et seq.
GARBAGE AND TRASH.See:SOLID WASTE See: SEWERS AND SEWAGE DIS-
GAS POSAL
Solid waste 62-1 et seq.
Franchise regulations in general. See: See: SOLID WASTE
FRANCHISES(Appendix A)
Tree protection,land clearing 102-36 et seq.
Public service tax 70-26 et seq.
See:TAXATION See:LAND DEVELOPMENT CODE
Weeds and dead vegetation 34-121 et seq.
GENDER See: WEEDS AND DEAD VEGETA-
Definitions and rules of construction 1-2 TION
Supp.No. 19 CDi:12
CODE INDEX
(111i11111e'
Section Section
HEIGHT IMPACT FEES(Cont'd.)
Land development code regulations re zon- Levy and purpose 2-231
ing 110-26 et seq. Partial waiver authorized 2-235
See: LAND DEVELOPMENT CODE Payment 2-234
Outdoor entertainment events Sanitary sewer impact fees 78-121 et seq.
Permit;temporary structures;integrity, See:UTILITIES
height,location 10-69 Schedules 2-233
HOME OCCUPATIONS Sewers 78-121 et seq.
See: SEWERS AND SEWAGE DIS-
Construction noise 34-154 POSAL
Land development code regulations re zon-
ing 110-26 et seq. IMPRISONMENT.See:PRISONS AND PRIS-
See: LAND DEVELOPMENT CODE ONERS
Sexually oriented businesses, adult enter-
tainment establishments IMPROVEMENTS. See: PUBLIC WORKS
Local business tax receipts/home occu- AND IMPROVEMENTS
pations 10-128 INDECENCY AND OBSCENITY
HOOTING Sexually oriented businesses, adult enter-
Noises,enumeration of prohibited 34-153(4) tainment establishments 10-86 et seq.
Obscenity;indecent exposure unlawful10-89
HORNS
Noises,enumeration of prohibited 34-153(1) INDIVIDUALS
Persons;definitions and rules of construc-
HOUSING tion extended and applied to 1-2
Flood damage prevention 90-26 et seq.
See: LAND DEVELOPMENT CODE INSPECTIONS
Land development code Building inspection service 82-21
Zoning Building sewers
Lile Rental restrictions on dwelling units 110-487 Notice for 78-79
Resort dwellings; resort condomini- Code enforcement citations
ums;nonconforming use status, Enter upon property,authorization to2-290
expiration 110-486 Flood damage prevention 90-26 et seq.
Property maintenance standards 34-91 et seq. See:LAND DEVELOPMENT CODE
See: PROPERTY MAINTENANCE Reinspection fees
STANDARDS Fees schedule in general. See: FEES
Public service tax (Appendix B)
Generally 70-26 et seq. Signs
See:TAXATION Land development code regulations.... 94-1 et seq.
See: LAND DEVELOPMENT CODE
HURRICANES Street excavations 66-63
Civil emergencies 18-1 et seq. Vehicles for hire,mechanical inspections.. 80-76(d)
See: CIVIL EMERGENCIES
INSURANCE AND INSURANCE COMPA-
NIES
I Fireworks 38-86
IMPACT FEES Franchise regulations in general. See:
Capital expansion plans 2-237 FRANCHISES(Appendix A)
Capital expansion trust funds Outdoor entertainment events
Collection;deposit 2-236(b) Permit insurance requirements 10-63
Established 2-236(a) Signs
Use 2-236(c) Land development code regulations.... 94-1 et seq.
Certain ordinances not affected by Code 1-10(a)(18) See: LAND DEVELOPMENT CODE
Exemptions 2-232 Vehicles for hire 80-5
Fees schedule in general. See: FEES (Ap- INTERSECTIONS
pendix B) Visibility at intersections
Land development code Land development code regulations re
Concurrency management system zoning 110-26 et seq.
Transportation facility proportionate See: LAND DEVELOPMENT CODE
fair-share mitigation program
Impact fee credit for proportionate INTOXICATING BEVERAGES. See: ALCO-
(ilkupe,
fair-share mitigation 86-27 HOLIC BEVERAGES
Supp.No. 19 CDi:13
CAPE CANAVERAL CODE
Section Section
ITINERANT MERCHANTS.See:PEDDLERS, LAND DEVELOPMENT CODE(Cont'd.)
CANVASSERS AND SOLICITORS Findings 82-376
Intent;purpose 82-375
J Notices 82-386
Penalty 82-379
JOINT AUTHORITY
Recording code enforcement board or-
Definitions and rules of construction 1-2 ders 82-385
Refusal to sign citation 82-380
L Stop work 82-381
LAND CLEARING Coastal construction code
Tree protection 102-36 et seq. Structural requirements for major
See:LAND DEVELOPMENT CODE structures 82-88
Design conditions 82-89
LAND DEVELOPMENT CODE Concurrency management
Abandoned signs 94-62(a) Generally 86-1 et seq.
Aesthetic requirements of signs 94-65 See herein: Concurrency Manage-
Alleys ment
Subdivision design standards 98-110 Existing building inspections 82-20
Alterations General 82-8
Natural surface waters 90-173 Hazardous occupancies 82-17
Appeals and arbitrations Inspection service 82-21
Concurrency management 86-3 Liability 82-7
Area Local business tax receipt required for
Subdivisions 98-5 contractors 82-2
Zoning requirement 10-336 et seq. Numbering of buildings and property
See within this title:Zoning Administration 82-368
Areas of shallow flooding(AO zones) Assignment of numbers 82-369
Flood hazard standards 90-68 Numbering multiple-family structures 82-370
Awnings and canopies 94-82 Posting and specifications of numbers 82-371
Blocks
Subdivision design standards 98-106 Purpose 82-366
Boundary line survey System established; incorporation of
Subdivisions 98-93 map 82-367
Bridges Permit intent 82-14
Subdivisions Permitting and inspection 82-13
Design standards 98-116 Proof of competency 82-1
Buffers Property maintenance code, interna-
Protection of trees and vegetation of tional
buffers 102-41 Adopted 82-221
Buildings and building regulations Public right-of-way 82-19
Additional data 82-16 Records 82-6
Building code,Florida Restrictions on employees 82-5
Adopted 82-31 Revocation of permits 82-11
Appeals 82-33 Right of entry 82-9
Establishment of construction board Schedule of permit fees 82-15
of adjustment and appeals 82-32 Special foundation permit 82-18
Procedures of the board 82-34 Stop work orders 82-10
Building department 82-3 Tests 82-22
Employee qualifications 82-4 Unsafe building abatement code, stan-
Citations; unlicensed contractors; fail- dard
ure to obtain building permit Adopted 82-56
Administrative hearings; accrual of Unsafe buildings or systems 82-12
penalties 82-383 Bulkheads and retaining walls
Appeals of code enforcement board Subdivision design standards 98-118
decisions 82-384 Burials
Citation form 82-378 Stormwater management
Construction contracting violations, Bury inspections 90-195(2)
citation authorized for 82-377 C-1 Low Density Commercial District.See
Correction of violation; payment of also herein:Zoning
penalty;notice of hearing 82-382 Signs in 94-99
Supp. No. 19 CDi:14
CODE INDEX
(411•10e
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
C-2 Low Density Commercial District. See Site development plan approval 86-8(1)
also herein: Zoning Expiration of concurrency compliance
Signs in 94-99 certification 86-9
Canals Operating systems,procedure and task
Subdivision design standards 98-117 Concurrency monitoring 86-11(b)
Certificate of completion Measuring potential impacts 86-11(c)
Subdivisions 98-83 Overall concurrency management... 86-11(a)
City
Stormwater management master plan, Purpose and intent 86-1
compliance with city plan 90-164 Transportation facility proportionate fair-
Subdivisions,review of preliminary plat 98-45 share mitigation program
Civil penalties Applicability 86-22
Tree protection,land clearing 102-37 Application process 86-25
Coastal construction code 82-88 et seq. Appropriation of fair-share revenues 86-29
See herein:Buildings and Building Reg- Cross jurisdictional impacts 86-30
ulations Determining proportionate fair-share
Coastal high hazard areas(V zones) obligation 86-26
Flood hazard regulations 90-65 General requirements 86-23
Codes.See also herein:Buildings and Build- Impact fee credit for proportionate
ing Regulations fair-share mitigation 86-27
Building code 82-31 et seq.
Intergovernmental coordination 86-24
Coastal construction code 82-88 et seq. Proportionate fair-share agreements 86-28
Property maintenance code 82-221 et seq.
Unsafe building abatement code 82-56 et seq. Purpose and intent 86-21
Compliance certification Vested rights 86-13
Expiration of concurrency compliance Conservation
certification 86-9 Water conservation 90-176
LINIe Concurrency management system Construction
Appeals 86-3 Coastal construction code 82-88 et seq.
Application for concurrency evaluation. 86-5 See herein: Buildings and Building
Concurrency evaluation finding of defi- Regulations
ciency 86-7 Stormwater management
Conditional approval of development or- Construction methods and materials 90-180
ders or permits Subdivisions 98-66 et seq.
Building permit 86-12(2) See herein:Subdivisions
Subdivision plats and site plans 86-12(1) Control elevation
Criteria for evaluation of levels of ser- Stormwater management 90-181
vice of public facilities
Building permits of insignificant im- Corner lots
pact 86-6(1) Signs 94-64(c)
Drainage facilities 86-6(7) County
Parks and open space 86-6(6) Stormwater management master plan,
Potable water facilities 86-6(4) compliance with county 90-164
Sanitary sewer facilities 86-6(3) Criminal penalties
Solid waste facilities 86-6(5) Tree protection,land clearing 102-38
Transportation facilities 86-6(2) Decision making
Cumulative level-of-service records 86-10 Concurrency evaluation, responsibility
Decision making in concurrency evalua- for decision making in 86-4
tion,responsibility for 86-4 Dedication
Definitions 86-2 Stormwater management 90-191
Duration concurrency compliance certi- Design standards
fication after issuance of develop- Stormwater management 90-161 et seq.
ment permit See herein:Floods
Commercial, industrial or multifam- Subdivisions 98-106 et seq.
ily developments 86-8(4) See herein: Subdivisions
Individual single-family development 86-8(3) Detention and retention areas
Residential subdivision or phase or Banks of 90-172
L.' unit thereof, including planned Configuration of shoreline of 90-174
unit development 86-8(2) Stormwater management 90-162
Supp.No. 19 CDi:15
CAPE CANAVERAL CODE
Section Section +,r
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Development Statement of purpose 90-28
Concurrency management Subdivision proposals, standards for 90-67
Generally 86-1 et seq. Areas of shallow flooding (AO
See herein: Concurrency Manage- zones),standards for 90-68
ment Variance procedure 90-50
Districts Warning and disclaimer of liability90-35
Zoning districts. See herein: Zoning Floodplain protection
Drainage Definitions 90-91
Concurrency management Development in designated floodplains 90-93
Generally 86-1 et seq. Prohibited uses 90-94
See herein: Concurrency Manage- Purpose and intent 90-92
ment Maintenance
Stormwater management Stormwater management 90-191 et seq.
Compatibility with adjacent systems 90-171 See within this subheading:
Subdivision improvements 98-91 Stormwater Management
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
Niu)
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
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 '
'goal
Supp.No. 19 CDi:16
CODE INDEX
‘111101,4 Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Maintenance M-1 Light Industrial and Research and
Applicant as acceptable entity90-192(c) Development District.See also herein:
Dedications 90-191 Zoning
Failure to maintain 90-194 Signs 94-99
Inspection 90-195 Maintenance
Maintenance by approved entity Stormwater management 90-191 et seq.
Acceptable responsible entity.. 90-192(a) See herein:Floods
Phased projects 90-192(b) Manufactured homes and recreational ve-
Plan for operation and mainte- hides
nance program 90-193 Special flood hazard areas, standards
Performance standards for 90-63
Computation 90-146 Master plans
Rainfall intensity 90-147 Stormwater management, compliance
Water quality requirements 90-149 with city or county master plan .. 90-164
Water quantity requirements 90-148 Measurement and placement
Permit Signs 94-64
Application Mitigation
Information required 90-134 Wetlands protection 106-31
Plan required 90-133 Native vegetation buffers
Exemptions 90-132 Stormwater management 90-177
Required 90-131 Natural surface waters
Previous approvals,standards of90-119 Alteration of 90-173
Purpose and intent 90-117 Sediment traps,used as 90-175
Relationship to other stormwater man- Obstructions
agement requirements 90-118 Signs,obstruction of free ingress or egress 94-6(b)
Variances 90-121 Off-premises signs 94-80
L11110e• Grading code. See herein: Excavation and Off-site signs
Grading Code Generally 94-6(g)
Ground signs 94-64(0, 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
Parks and recreation areas
Implied consent 94-110
Concurrency management
Ingress or egress Generally 86-1 et seq.
Signs,obstruction of 94-6(b) See herein: Concurrency Manage-
Inspections ment
Signs Performance standards
By administrator 94-36 Stormwater management 90-146 et seq.
Generally 94-37 See herein:Floods
Stormwater management 90-195 Permanent markers
Subdivisions 98-80 et seq. Subdivision improvements 98-87
See herein: Subdivisions Permit numbers
Land clearing Signs,display of 94-64(d)
Tree protection 102-36 et seq. Permits
See herein:Tree Protection Concurrency management
Landscaping Conditional approval of development
List of recommended landscaping plants 102-44 orders of permits 86-12
Lights and lighting Signs 94-31 et seq.
Signs 94-63 See herein: Signs
Location Stormwater management permit 90-131 et seq.
Measurements See herein: Floods
Signs 94-64(e) Subdivision construction permit 98-69 et seq.
Lots See herein: Subdivisions
Subdivision design standards 98-107 Tree protection, land clearing 102-39, 102-40
Supp.No. 19 CDi:17
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Permitted uses Roadways
Wetlands protection 106-29 Concurrency management
Phased developments Generally 86-1 et seq.
Stormwater management 90-178 See herein: Concurrency Manage-
Planning and zoning board ment
Subdivisions Sanitary sewer system
Powers of 98-3 Generally 78-26 et seq.
Preliminary plat See: SEWERS AND SEWAGE DIS-
Review by planning and zoning POSAL
board,city council 98-46 Subdivision design standards 98-113
Plats Sediment traps
Subdivision plats 98-31 et seq. Natural surface waters used as 90-175
See herein:Subdivisions Setbacks
Portable signs 94-6(e) Signs 94-64(e)
Potable water systems Severability 94-120
Concurrency management Sewers
Generally 86-1 et seq. Concurrency management
See herein: Concurrency Manage- Generally 86-1 et seq.
ment See herein: Concurrency Manage-
Subdivision design standards 98-112 ment
Prohibited uses Subdivision improvements 98-90
Floodplain 90-94 Shopping centers or multi-tenant centers
Wetlands protection 106-30 Signs
Projecting signs 94-79 Shopping center or multi-tenant cen-
Property maintenance code 82-221 et seq. ter in any district 94-100
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
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)
Supp.No. 19 CDi:18
CODE INDEX
LI111110e Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Corner lots 94-64(c) Streams without established base flood el-
Display of permit number 94-64(d) evation on floodways
Ground signs 94-64(1) Flood hazard standards 90-66
Height,setback and location measure- Streets
ments 94-64(e) Subdivisions
Size limits 94-64(g) Design standards 98-114,98-115
Off-premises signs Improvements 98-92
Generally 94-80 Names 98-119
Temporary off-premises signs 94-81 Subdivisions
Penalty for violation 94-5 Appeals and arbitrations tr98-5
Permits Certificate of completion 98-83
Application for;review time limits .. 94-32 City
Fees 94-35 Review of preliminary plan 98-45
Issuance of 94-33 Construction
Required 94-31 Certificate of completion
Revocation of 94-34 Issuance of 98-83
Placement Inspection 98-80
Restrictions on 94-61 Notification 98-82
Prohibited signs and sign features Permit
Flashing signs prohibited 94-6(d) Approval of plans and specifica-
Obstruction of free ingress or egress94-6(b) tions 98-73
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 Improvements
Severability 94-120 Boundary line survey 98-93
Shopping center or multi-tenant center Design standards
in any district 94-100 Alleys 98-110
Temporary off-premises signs 94-81 Blocks 98-106
Temporary on-premises signs 94-76 Bridges 98-116
Traffic hazard,signs constituting 94-62(c) Bulkheads or retainer walls 98-118
Variances 94-85 Canal 98-117
Viewpoint neutral 94-115 Easements 98-108
Wind pressure and dead load 94-9 Lots 98-107
Site plan Potable water systems 98-112
Wetlands protection development requir- Public sites and open spaces 98-109
ing 106-28 Sanitary sewer system 98-113
Size limits Streets,roads and alleys
Signs 94-64(g) Generally 98-114
Solid waste Technical specifications 98-115
Concurrency management Surface and storm drainage 98-111
Generally 86-1 et seq. Development and enforcement of pro-
See herein: Concurrency Manage- visions 98-86
ment Drainage 98-91
Stagnant water conditions Elevation 98-88
Configurations 90-166 Final acceptance of work 98-94
Stormwater management Permanent markers 98-87
Generally 90-116 et seq. Sewers 98-90
See herein: Floods Streets 98-92
Lie,
Supp. No. 19 CDi:19
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Water supply 98-89 Development and construction
Permits Tree protection during;periodic in-
Construction permits 98-69 et seq. spection 102-46
See within this subheading: Con- Enforcement and penalties 102-38
struction Implementing division
Planning and zoning board Rules and regulations and fees102-51
Final plat List of
Planning and zoning board and Desirable species and plants 102-52
city council review; general Preferred plant list 102-54
criteria for approval 98-61 Undesirable species 102-53
Powers of 98-3 Minimum tree requirement 102-45
Preliminary plats,review 98-46 Open burning of natural cover 102-50
Plats and lot splits Permits 102-39
Division of land;review and approval Criteria;exemptions;standards of
required; zoning 98-31 review 102-40
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
Planning and zoning board and pose;exceptions 102-37
city council review; general Tree replacement guidelines 102-43
criteria for approval 98-61 Voluntary tree planting 102-47
Recording 98-62 Waivers;incentive program;adminis-
Lot splits 98-66 trative interpretation appeals;
Preapplications incentive program 102-48
Review procedures 98-36 Undesirable species,list of 102-45
Preliminary plat Unsafe building abatement code 82-56 et seq.
City review 98-45 See herein:Buildings and Building Reg-
General criteria for approval 98-47 ulations
Information required 98-41 Variances
Planning and zoning board proce- 94-85
dures 98-46 Stormwater management 90-121
Time limit 98-48 Subdivisions 98-4
Purpose 98-2 Variances,special exceptions,rezonings,
Remedies 98-6 administrative appeals 10-26 et seq.
Variance See herein:Zoning
Application 98-4(b) Vegetation
Conditions 98-4(e) Tree protection 102-26 et seq.
Hardship 98-4(a) See herein: Tree Protection
Prerequisites to granting 98-4(d) Vegetation buffers
Public hearing;notice 98-4(c) Stormwater management
Wetlands protection requiring subdivi- Native vegetation buffers 90-177
sion plat 106-28 Vehicles
Surface and storm drainage Signs on 94-6(f)
Subdivision design standards 98-111 Vested rights
Surface water Concurrency management 86-13
Channeled into sanitary sewer 90-170 Viewpoint neutral 94-115
Temporary storage units 82-400 Water supply
Traffic Subdivision improvements 98-89
Concurrency management Wetlands protection
Generally 86-1 et seq. Definitions 106-26
See herein: Concurrency Manage- Development requiring site plan or sub-
ment division plat 106-28
Signs constituting traffic hazards 94-62(c) Mitigation 106-31
Tree protection Permitted uses 106-29
Land clearing Prohibited uses 106-30
Definitions 102-36 Purpose and intent 106-27
Supp.No. 19 CDi:20
CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.)
Wind pressure and dead load
Signs 94-9
Zoning
Access
C-1 Low Density Commercial District 110-339
Generally 110-472
Offstreet parking 110-493
R-1 Low Density Residential District 110-278
R-2 Medium Density Residential Dis-
trict 110-298
R-3 Medium Density Residential Dis-
trict 110-318
Accessories
Swimming pools 110-583
Accessory uses and structures
C-1 Low Density Commercial District 110-333
C-2 Commercial/Manufacturing Dis-
trict 110-382
Generally 110-468
M-1 Light Industrial and Research
and Development District 110-353
R-1 Low Density Residential District 110-273
R-2 Medium Density Residential Dis-
trict 110-293
R-3 Medium Density Residential Dis-
trict 110-313
Residential planned unit develop-
ments 110-439
LieAdministrative review
Appeal notice,hearing 110-29(b)
Authority 110-29(a)
Stay of proceedings 110-29(c)
Alcoholic beverages
Special exceptions for establishments
serving 110-171
Temporary alcoholic beverage per-
mits 110-172
Appeals
Special exceptions. See herein: Vari-
ances,Special Exceptions,Rezon-
ings,Administrative Appeals
Annexations
Zoning classification of 110-256
Antenna
Residential use/Satellite dishes 110-478
Wireless communications 110-483
Area
C-1 Low Density Commercial District 110-336
L
Supp.No. 19 CDi:20.1
3
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`wori)
3
CODE INDEX
LoofSection Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Research and development districts Schedule of fees,charges and expenses. 110-92
M-1 Light Industrial and Research Screening
and Development District 110-351 et seq. C-1 Low Density Commercial District 110-338
See within this subheading: M-1 C-2 Commercial/Manufacturing Dis-
Light Industrial and Research trict 110-387
and Development District Commercial or industrial districts. 110-566
Residential districts M-1 Light Industrial and Research
R-1 Low Density Residential District 110-271 et seq. and Development District 110-358
See within subheading: R-1 Low Setbacks
Density Residential District Building setback lines 110-536
R-2 Medium Density Residential Dis- C-1 Low Density Commercial Dis-
trict 110-291 et seq. trict,minimum setbacks 110-337
See within subheading: R-2 Me- C-2 Commercial/Manufacturing Dis-
dium Density Residential Dis- trict 110-386
trict District 110-251
R-3 Medium Density Residential Dis- Duplicate use of 110-252
trict 110-311 et seq. Encroachments 110-538
See within subheading: R-3 Me- Erection of more than one principal
dium Density Residential Dis- structure on lot 110-537
trict M-1 Light Industrial and Research
Residential planned unit developments and Development District 110-357
Bonding 110-407 R-1 Low Density Residential District,
Building permit 110-406 minimum setbacks 110-277
Common open space, drainage sys- R-2 Medium Density Residential Dis-
tems, private roads and other trict 110-297
related common facilities 110-404 R-3 Medium Density Residential Dis-
Development plans trict,minimum setbacks 110-317
L111010` Application 110-421 Residential planned unit develop-
Procedure for approval of final de- ments 110-439
velopment plan 110-423 Swimming pools,minimum 110-584
Procedure for receiving approval of Townhouses,minimum setbacks 110-373
preliminary development plan Sewage disposal 110-479
and tentative zoning 110-422 Sidewalks
Enforcement 110-409 Required 110-475
Land use regulations Signs 94-64(a)
Development standards 110-444 Single-family mobile home districts
Maximum density 110-437 Nonconformities 110-192
Maximum length of structures ... 110-440 Site plans
Minimum common recreation and Criteria required 110-222
open space 110-438 Expiration 110-224
Minimum floor area 110-441 Review procedures 110-223
Minimum lot area; frontage; set- Submittal and review required 110-221
backs;accessory uses 110-439 Special exceptions
Minimum size 110-436 Alcoholic beverages
Offstreet parking 110-442 Establishment serving alcoholic
Preservation of trees 110-445 beverages 110-171
Underground utilities 110-443 Temporary alcoholic beverage per-
Permitted uses 110-403 mits 110-172
Physical review 110-405 Structures and uses approved by spe-
Purpose and intent 110-402 cial exception 110-161
Termination zone 110-408 Variances, special exceptions, rezon-
Residential use antennas 110-478 ings,administrative appeals.See
Resort dwellings; resort condominiums; herein that subject
nonconforming use status, expira- Special exceptions permissible by board
tion 110-486 of adjustment
Rezoning.See herein:Variances,Special C-1 Low Density Commercial District 110-334
Exceptions,Rezonings,Administra- M-1 Light Industrial and Research
tive Appeals and Development District 110-354
Satellite dishes 110-478 R-1 Low Density Residential District 110-274
Supp.No. 19 CDi:25
CAPE CANAVERAL CODE
Section Section V
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
R-2 Medium Density Residential Dis- Special exception
trict 110-294 Applicant obligations 110-38
R-3 Medium Density Residential Dis- Procedure 110-39
trict 110-314 Special notice requirements 110-28
Storing Staff review; application deficiencies 110-30
Certain vehicles 110-554 Variances
Streets Applicant obligations 110-36
Requirements for structures 110-255 Procedure 110-37
Structures.See within subheading:Build- Vegetation.See within this subheading:
ings Landscaping or Vegetation
Swimming pools Vehicles and vessels
Accessories 110-583 Living aboard boats 110-552
Barriers 110-582 Living or residing in boats, utility
Construction and location 110-581 trailers,recreational vehicles and
Minimum setbacks 110-584 special purpose vehicles 110-553
Temporary uses Location of recreational vehicles,camp-
Nonconformities 110-199 ing equipment, boats and boat
Termination zone trailers 110-551
Residential planned unit develop- Parking and storage of certain vehi-
ments 110-408 des 110-554
Towers Paving of vehicular use areas 110-555
Wireless communications 110-483 Vehicle rental facility 110-556
Townhouses Vehicular use areas,paving of 110-555
Area and dimensions 110-372 Vessels.See within this subheading:Ve-
Building permit 110-378 hides and Vessels
Development schedule 110-379 Visibility at intersections 110-469
Individually platted lots 110-377 Water areas 110-474
Minimum setbacks 110-373 Width
Offstreet parking 110-374 Courts,minimum width of 110-473
3
Permitted use 110-371 Wireless communications towers and an-
Utilities 110-375 tennas 110-483
Underground utilities
Zoning districts. See herein: Zoning
Residential planned unit develop-
ments 110-443 LANDSCAPING
Required 110-482 Appearance and maintenance 34-99
Unusual uses or uses not specifically Beautification board 2-181 et seq.
permitted 110-257 See: BEAUTIFICATION BOARD
Uses Land development code regulations re zon-
Approved by special exceptions 110-161 ing 110-26 et seq.
Utilities See: LAND DEVELOPMENT CODE
Townhouses 110-375 Landscape irrigation
Underground,required 110-482 Applicability;purpose and intent 91-1
Variances,special exceptions,rezonings, of Y
Definitions 91-1
administrative appeals;procedures Enforcement and penalties 91-7
Abandonment 110-32 Exceptions to landscape irrigation sched-
Administrative appeals 110-40 ules 91-4
Appellate review 110-33 Landscape irrigation schedules 91-3
Applications 110-29
Attendance required at public hear- Required irrigation system technology . 91-5
Variance from specific day of the week
ings; postponement of hearings 110-30.1 limitations 91-6
Authority 110-27 Sanitary sewer system 78-26 et seq.
Due process 110-28 See: SEWERS AND SEWAGE DIS-
Expiration of variance or special ex- POSAL
ception; abandonment 110-32 Tree protection,land clearing 102-36 et seq.
Intent and purpose 110-26 See: LAND DEVELOPMENT CODE
Reconsideration 110-31
Rezonings LAW ENFORCEMENT
Procedure 110-35 Alarm systems generally 30-26 et seq.
Rezoning applicant obligations ... 110-34 See:ALARM SYSTEMS
Supp. No. 19 CDi:26
CODE INDEX
LISIO'' Section Section
LAW ENFORCEMENT(Cont'd.) LICENSES AND PERMITS(Cont'd.)
Impact fees generally 2-231 et seq. Sexually oriented business license 10-93 et seq.
See: IMPACT FEES Signs
Police department 42-26 Land development code regulations.... 94-1 et seq.
LEASES See: LAND DEVELOPMENT CODE
Solicitors, peddlers and itinerant mer-
Certain ordinances not affected by Code 1-10(a)(2) chants permit requirement 16-51 et seq.
City attorney See: PEDDLERS, CANVASSERS AND
Duties 2-126(6) SOLICITORS
LIBRARY Street excavation permit requirements ... 66-81 et seq.
Established 46-1 See: STREETS, SIDEWALKS AND
Fees schedule in general. See: FEES (Ap- OTHER PUBLIC WAYS
pendix B) Temporary storage units(permit) 82-400
Impact fees generally 2-231 et seq. Tree protection, land clearing 102-39, 102-40
See: IMPACT FEES Vehicles for hire
Library board Certificate of public convenience and
Created 46-26 necessity license 80-26 et seq.
Expenditures 46-27 Driver's permit 80-51 et seq.
Indebtedness 46-33 Licenses and fees to be in addition to
Liability of city limited 46-31 other taxes and charges 80-3
Meetings 46-30 Vested rights 115-3 et seq.
Reports to council 46-32 See:VESTED RIGHTS
LICENSES AND PERMITS Wastewater discharge permits 78-98
Adult entertainment establishment license 10-93 et seq. LIENS
Alarm systems 30-27 et seq. Abandoned property
See:ALARM SYSTEMS Collection of lien on private property re
Building sewers
.,LPermit for connections 78-77 towing,storage,expenses 34-188
Buildings and building regulations 82-1 et seq. Application for satisfaction or release of
See: LAND DEVELOPMENT CODE code enforcement liens 2-260
Community appearance review board Code enforcement
Permits Criminal nuisance abatement board
Appeals and review 22-46 Penalties;fines;liens;recording 2-297
Application criteria 22-44 LIFE SAFETY CODE. See: FIRE PREVEN-
Approval prerequisite for permits 22-40 TION
Building permits;enforcement 22-47
Notice of approval or denial 22-43 LIGHT INDUSTRIAL DISTRICT
Concurrency management system 86-1 et seq. Land development code regulations re zon-
See:LAND DEVELOPMENT CODE ing 110-26 et seq.
Excavations See: LAND DEVELOPMENT CODE
Street excavation permit requirements. 66-81 et seq.
Fees schedule in general. See: FEES (Ap- LIGHTS AND LIGHTING
pendix B) Definitions 34-206
Fireworks permit(public display) 38-82 et seq. Exceptions 34-210
Flood damage prevention 90-26 et seq. Method of measurement 34-211
See:LAND DEVELOPMENT CODE Policy established 34-207
Land development code regulations re zon- Sea turtles
ing 110-26 et seq. Publicly owned lighting regulations.... 14-57
See: LAND DEVELOPMENT CODE Signs 94-63
Land development code; zoning Solid waste
Nonconformities Transporting regulations 62-7
Special permit 110-200 Spill-over lighting standards established.. 34-209
Motion and still photography production Vehicles for hire 80-76(c)
permits 16-60 et seq.
See: PHOTOGRAPHY LIQUEFIED PETROLEUM GAS
Outdoor entertainment events 10-61 et seq. Land development code
See: OUTDOOR ENTERTAINMENT Zoning;liquefied petroleum gas 110-485
EVENTS Public service tax 70-26 et seq.
Sewer impact fee requirements 78-125 See: TAXATION
Supp. No. 19 CDi:27
CAPE CANAVERAL CODE
Section Section
LITTER AND LITTERING LOTS(Cont'd.)
Abatement;assessment 34-43 Subdivisions
Aircraft,dropping from 34-35 Land development code regulations.... 98-1 et seq.
Burial of trash,rubbish or other debris 34-41 See: LAND DEVELOPMENT CODE
Definitions 34-26
Enforcement 34-42 LOUDSPEAKERS
Gutters,sweeping into prohibited 34-31 Noises,enumeration of prohibited 34-153(3)
Handbills
Depositing on uninhabited or vacant M
premises 34-53
Distribution prohibited where property MALT BEVERAGES.See:ALCOHOLIC BEV-
posted 34-54 ERAGES
Inhabited private premises,distribution MANUFACTURED GAS
at 34-55 Public service tax 70-26 et seq.
Throwing or distributing in public places 34-51 See:TAXATION
Vehicles,placing on 34-52
Merchant's MAPS. See: SURVEYS,MAPS AND PLATS
Duty to keep sidewalks free of litter 34-32
Occupied private property,depositing on34-37 MARQUEES
Owner's maintenance of premises 34-38 Signs
Posting notices prohibited 34-40 Land development code regulations.... 94-1 et seq.
Property maintenance standards 34-91 et seq. See: LAND DEVELOPMENT CODE
See: PROPERTY MAINTENANCE
STANDARDS MAYOR
Public places, litter in 34-29 City manager
Receptacles,placement in 34-30 Powers and duties 2-101(3)
River or other body of water,throwing in. 34-36 Civil emergencies generally 18-1 et seq.
Sidewalks See: CIVIL EMERGENCIES
Merchant's duty to keep sidewalks free Persons authorized to declare 18-2
of litter 34-32 MEDICAL SERVICES
Truck loads 34-34 Fire protection services; emergency medi-
Unlawful deposit 34-28 cal services 38-56
Vacant lots,depositing on 34-39
Vehicles MERCHANTS.See:PEDDLERS,CANVASS-
Litter throwing by persons in vehicle 34-33 ERS AND SOLICITORS
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE METERS
Franchise regulations in general. See:
LOADING AND UNLOADING FRANCHISES(Appendix A)
Offstreet loading Outdoor entertainment events
Land development code regulations re Permit;metered parking 10-72
zoning 110-26 et seq. Taximeters 80-76(f)
See: LAND DEVELOPMENT CODE
Out of repair vehicles MINORS
Noises,enumeration of prohibited 34-153(7) Fireworks
Operator regulations 38-85
LOADS Sexually oriented businesses, adult enter-
Truck loads causing litter 34-34 tainment establishments 10-86 et seq.
Unlawful provisions re minors 10-122
LOCAL IMPROVEMENTS. See: PUBLIC
WORKS AND IMPROVEMENTS MOBILE HOMES AND MOBILE HOME
PARKS
LOCAL PLANNING AGENCY Beautification board
Designation and establishment 58-56 et seq. Generally 2-181 et seq.
See:PLANNING AND DEVELOPMENT See: BEAUTIFICATION BOARD
Flood damage prevention 90-26 et seq.
LOTS See: LAND DEVELOPMENT CODE
Land development code regulations re zon- Land development code regulations re zon-
ing 110-26 et seq. ing 110-26 et seq.
See:LAND DEVELOPMENT CODE See: LAND DEVELOPMENT CODE
‘`,(111111)
Supp. No. 19 CDi:28
CODE INDEX
r 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)
Travel on other than streets or highways. 74-1
MONUMENTS AND MARKERS Trucks
Subdivisions Applicability of provisions 74-27
Land development code regulations.... 98-1 et seq. Definitions 74-26
See: LAND DEVELOPMENT CODE 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
Llie Designation of 74-62
Handbills MOTORBOATS. See: BOATS, DOCKS AND
Placing in vehicles 34-52 WATERWAYS
Land development code regulations re zon- MUFFLERS
ing 110-26 et seq. Noises,enumeration of prohibited 34-153(6)
See: LAND DEVELOPMENT CODE
Litter MUSICAL INSTRUMENTS
Throwing by person in vehicles 34-33 Noises,enumeration of prohibited 34-153(2)
Maps
Truck routes 74-31
No parking zone,authority to establish74-58 N
Noises NATURAL DISASTERS. See: CIVIL EMER-
Exhausts 34-153(6) GENCIES
Horns,signal devices 34-153(1)
Out of repair vehicles 34-153(7) NATURAL GAS
Out of repair vehicles Public service tax 70-26 et seq.
Noises,enumeration of prohibited 34-153(7) See:TAXATION
Overnight parking 74-61
Parking,stopping and standing NOISE
County's civil traffic infraction hearing Construction noise 34-154
officer program adopted 74-63 Declaration of policy to prohibit noise .... 34-151
Dune parking prohibited 74-59 Enumeration of prohibited noises 34-153
Fire lanes,designation of 74-62 Land development code regulations re zon-
No parking zones,authority to establish 74-58 ing 110-26 et seq.
Overnight parking 74-61 See:LAND DEVELOPMENT CODE
Penalties 74-57
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
See: LAND DEVELOPMENT CODE Sexually oriented businesses, adult enter-
Lime, Truck routes 74-32 tainment establishments 10-86 et seq.
Supp.No. 19 CDi:29
CAPE CANAVERAL CODE
Section Section j
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 engineer
TION Duties 2-141
Notice to remedy notices 34-123 City manager 2-101 et seq.
Public nuisances prohibited 34-122 Powers and duties 2-101
City treasurer
NUMBERS AND NUMBERING Duties 2-141
Definitions and rules of construction 1-2 Classification
Numbering of buildings and property 82-366 et seq. Certain ordinances not affected by Code 1-10(a)(14)
See:LAND DEVELOPMENT CODE Definitions and rules of construction 1-2
Vehicles for hire 80-76(e) Delegation of authority
Number of passengers carried 80-79 Definitions and rules of construction... 1-2
Fire chief 38-58
Joint authority
0
Definitions and rules of construction1-2
OATH,AFFIRMATION,SWEAR OR SWORN Police chief 42-26
Definitions and rules of construction 1-2 Precinct supervisor 42-26
Salaries
OBLIGATIONS Certain ordinances not affected by Code 1-10(a)(14)
Certain ordinances not affected by Code.. 1-10(a)(2) Sergeant at arms
City council 2-63
OBNOXIOUS SUBSTANCES Travel reimbursement policies and proce-
Property maintenance standards 34-91 et seq. dures
See: PROPERTY MAINTENANCE Reimbursement policy and procedures
STANDARDS for official travel 2-300
OBSCENITY. See: INDECENCY AND OB- ORDINANCES,RESOLUTIONS,ETC.
SCENITY City attorney
Duties 2-126(4)
OBSTRUCTIONS City council
Signs Preparation of ordinances and resolu-
Land development code regulations.... 94-1 et seq. tions prior to meetings 2-59
See:LAND DEVELOPMENT CODE County animal control ordinance 14-26 et seq.
Solid waste collection 62-11 See:ANIMALS AND FOWL
Franchise regulations in general. See:
OCCUPANCY FRANCHISES(Appendix A)
Franchise regulations in general. See: Street abandonment,ordinance required . 66-39
FRANCHISES(Appendix A)
OUTDOOR ADVERTISING
OCCUPATIONAL LICENSE TAX. See: TAX- Signs
ATION Land development code regulations.... 94-1 et seq.
OFFENSES See: LAND DEVELOPMENT CODE
Abandoned property 34-181 et seq. OUTDOOR ENTERTAINMENT EVENTS
See:ABANDONED PROPERTY Compliance with other laws 10-48
Certain ordinances not affected by Code.. 1-10(a)(1) Definitions 10-47
Code does not affect prior offenses 1-8 General provisions 10-46
Court costs for police education and train- Local business tax receipt required 10-49
ing 50-3 Penalties and enforcement 10-50
Supp.No. 19 CDi:30
CODE INDEX
Le Section Section
OUTDOOR ENTERTAINMENT EVENTS PARKS AND RECREATION(Cont'd.)
(Cont'd.) Litter
Permit Throwing in river or other body of water
Alcohol sales and consumption 10-62 in parks 34-36
Application 10-61 Open fires restricted 54-3
Cleanup and damage deposit 10-66 Park hours 54-2
Closure or gating of public property and Recreation board
streets 10-64 Duties 54-28
Emergency suspension or cancellation of Established 54-26
permitted outdoor entertainment Indebtedness 54-29
event 10-77 Street excavations 66-61 et seq.
Fees and deposits 10-73 See: STREETS, SIDEWALKS AND
Insurance requirements 10-63 OTHER PUBLIC WAYS
Life and public safety requirements10-75 Vessels regulated 54-46 et seq.
Location of public parking; transporta- See: BOATS, DOCKS AND WATER-
tion services 10-67 WAYS
Metered parking 10-72 Wetlands protection 106-26 et seq.
Other permits and licenses 10-74 See: LAND DEVELOPMENT CODE
Other public gatherings 10-65
Revocation of permits 10-76 PARTNERSHIPS
structures;integrity,height, Persons;definitions and rules of construc-
Temporarylocation 10-69 tion extended and applied to 1-2
Turtle protection 10-68 PEDDLERS, CANVASSERS AND SOLICI-
Vendors 10-70 TORS
Water craft, use of 10-71 Definitions 16-26
OWNER Fraud 16-30
Definitions and rules of construction 1-2 Harassment prohibited 16-28
Parks and recreation
LI100e. Commercial solicitation 54-4
P Permission to enter premises required6-27
Permit
PARKING Appeals 16-56
General regulations 74-56 et seq. Application 16-52
See: MOTOR VEHICLES AND TRAF- Badge for solicitors 16-57
FIC Exhibition of permit on request 16-58
Outdoor entertainment events Investigation; denial or issuance of; re-
Permit cord 16-53
Location of public parking;transpor- Notice of hearing 16-55
tation services 10-67 Required 16-51
Metered parking 10-72 Revocation 16-54
PARKS AND RECREATION Report of violations 16-31
Alcoholic beverages Solicitor to leave when requested 16-29
Ocean Beach 6-53 PENALTIES. See: FINES, FORFEITURES
Possession and consumption 6-52 AND OTHER PENALTIES
Animals
Prohibited in parks 14-28 PERSON
Beautification board 2-181 et seq. Definitions and rules of construction 1-2
See:BEAUTIFICATION BOARD
Boats,vessels regulated 54 '16 et seq. PERSONNEL. See: OFFICERS AND EM-
See: BOATS, DOCKS AND WATER- PLOYEES
WAYS PHONOGRAPHS
Commercial solicitation 54-4 Noises,enumeration of prohibited 34-153(2)
Concurrency management 86-1 et seq.
See: LAND DEVELOPMENT CODE PHOTOGRAPHY
Fees schedule in general. See: FEES (Ap- Motion and still photography production
pendix B) permits
Glass container prohibited 54-1 Application for permit 16-66
Impact fees generally 2-231 et seq. City manager to act as agent for city .. 16-64
Lov See: IMPACT FEES Definitions 16-63
Supp.No. 19 CDi:31
CAPE CANAVERAL CODE
Section Section
PHOTOGRAPHY(Cont'd.) PLANNING AND DEVELOPMENT(Cont'd.)
Nonexemption from other city Code re- Tree protection,land clearing 102-36 et seq.
quirements 16-67 See:LAND DEVELOPMENT CODE
Purposes 16-61 Vested rights 115-1 et seq.
Recovery of costs for extraordinary ser- See:VESTED RIGHTS
vices 16-68
Required 16-65 PLANT LIFE.See:WEEDS AND DEAD VEG-
Suspension and revocation 16-65 ETATION
Title 16-60 PLATS. See: SURVEYS,MAPS AND PLATS
Violations and penalties 16-65
PLUMBING
PIPE LINES Fees schedule in general. See: FEES (Ap-
Franchise regulations in general. See: pendix B)
FRANCHISES(Appendix A) Flood damage prevention 90-26 et seq.
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.
See: SEWERS AND SEWAGE DIS-
PLANNING AND DEVELOPMENT POSAL
Beautification board 2-181 et seq. Maintenance of plumbing system 78-35
Business and cultural development board. 22-26 et seq. POLES AND WIRES
Community appearance review board .... 22-36 et seq. Cable television franchise. See: FRAN-
Comprehensive plan CHISES(Appendix A)
Designation of agency,department,com- Signs
mittee or person to prepare 58-58 Land development code regulations.... 94-1 et seq.
Flood damage prevention 90-26 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 coin- radios which may be used 80-81
prehensive plan 58-58 POLITICAL SIGNS
Duties and responsibilities 58-57 Signs
Notice requirement for amendments to fu- Land development code regulations.... 94-1 et seq.
ture land use map 58-1
Plan checking fee See:LAND DEVELOPMENT CODE
Fees schedule in general. See: FEES PROCEEDINGS.See:SUITS,ACTIONS AND
(Appendix B) OTHER PROCEEDINGS
Planning and zoning board 110-3
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 PROPERTY
Signs Abandoned property generally 34-180 et seq.
Land development code regulations.... 94-1 et seq. See:ABANDONED PROPERTY
See: LAND DEVELOPMENT CODE Code enforcement citations
Street excavations 66-61 et seq. Enter upon property (inspection war-
See: STREETS, SIDEWALKS AND rant) 2-290
OTHER PUBLIC WAYS Criminal nuisance abatement board 2-292 et seq.
Subdivisions See: CODE ENFORCEMENT
Land development code regulations.... 98-1 et seq. Eminent domain powers re economic devel-
See:LAND DEVELOPMENT CODE opment 2-70
Supp. No. 19 CDi:32
CODE INDEX
Liee Section Section
PROPERTY(Cont'd.) PUBLIC WORKS AND IMPROVEMENTS
Numbering of buildings and property 82-366 et seq. Beautification board 2-181 et seq.
See:LAND DEVELOPMENT CODE See:BEAUTIFICATION BOARD
Outdoor entertainment events Certain ordinances not affected by Code 1-10(a)(11)
Permit;closure or gating of public prop- Concurrency management 86-1 et seq.
erty and streets 10-64 See: LAND DEVELOPMENT CODE
Property maintenance code 82-221 et seq. Flood damage prevention 90-26 et seq.
Buildings and building regulations.See: See: LAND DEVELOPMENT CODE
LAND DEVELOPMENT CODE Franchise regulations in general. See:
Signs FRANCHISES(Appendix A)
Land development code regulations.... 94-1 et seq. Land development code regulations re zon-
See: LAND DEVELOPMENT CODE ing 110-26 et seq.
Sleeping and camping in public areas and See: LAND DEVELOPMENT CODE
beaches 50-4 Local planning agency 58-56 et seq.
Vested rights 115-1 et seq. See:PLANNING AND DEVELOPMENT
See:VESTED RIGHTS Public service tax generally 70-26 et seq.
See: TAXATION
PROPERTY MAINTENANCE STANDARDS Signs
Authority 34-92 Land development code regulations.... 94-1 et seq.
Building appearance and maintenance 34-98 See: LAND DEVELOPMENT CODE
Definitions 34-91 Street excavations 66-61 et seq.
Duties and responsibilities for mainte- See: STREETS, SIDEWALKS AND
nance 34-97 OTHER PUBLIC WAYS
Enforcement 34-95 Subdivisions
Landscape appearance and maintenance 34-99 Land development code regulations.... 98-1 et seq.
Purpose 34-94 See: LAND DEVELOPMENT CODE
Scope 34-93 Weeds and vegetation 34-121 et seq.
Sign appearance and maintenance 34-100 See: WEEDS AND DEAD VEGETA-
Standards established 34-96 TION
Wetlands protection 106-26 et seq.
PROPERTY MANAGEMENT See: LAND DEVELOPMENT CODE
Personal property control
Definitions 2-207(a) PURCHASES AND PURCHASING
Property acquisition 2-207(d) Availability of funds 2-225
Property supervision and control 2-207(c) Award to other than low bidder 2-218(7)
Record and inventory of property 2-207(b) Bid deposits 2-218(3)
Recording the disposal of property 2-207(0 Bid opening 2-218(4)
Surplus property disposition 2-207(e) Blanket purchase orders 2-224
Valuation of property 2-207(g) City bidders list 2-218(2)
Cooperative purchasing 2-222
PUBLIC NUDITY. See: NUDITY Definitions 2-216
PUBLIC RECORDS. See: RECORDS AND Emergency purchase 2-221
Franchise regulations in general. See:
REPORTS FRANCHISES(Appendix A)
PUBLIC SERVICE TAX Ineligible contractors 2-218(6)
Generally 70-26 et seq. Notice 2-218(1)
See:TAXATION Open market purchase procedures 2-219
Performance bond 2-218(9)
PUBLIC SEWERS.See:SEWERS AND SEW- Personal property control
AGE DISPOSAL Property acquisition 2-207(d)
Property supervision and control 2-207(c)
PUBLIC THOROUGHFARES.See:STREETS, Recording disposal of property 2-207(0
SIDEWALKS AND OTHER PUBLIC Surplus property disposition 2-207(e)
WAYS Procedure 2-218
PUBLIC VEHICLES Prohibition of interest
Vehicles for hire 80-1 et seq. Financial interest 2-226(a)
See:VEHICLES FOR HIRE Gifts and rebates 2-226(b)
Purpose 2-217
PUBLIC WAYS.See:STREETS,SIDEWALKS Rejection of bids 2-218(5)
(11111111ire AND OTHER PUBLIC WAYS Sole source 2-220
Supp.No. 19 CDi:33
CAPE CANAVERAL CODE
Section Section
PURCHASES AND PURCHASING(Cont'd.) REGULAR MEETINGS
Subdivision,prohibition against 2-223 City council 2-56
Tie bids 2-218(8)
Utilities service RESIDENTIAL DISTRICTS
Purchase of 70-33 Land development code regulations re zon-
Without collecting public service tax, ing 110-26 et seq.
purchase of 70-37 See: LAND DEVELOPMENT CODE
Signs 94-96 et seq.
PYROTECHNICS. See: FIREWORKS Solid waste
Fees schedule in general. See: FEES
$ (Appendix B)
RADIOLOGICAL WASTE.See:SOLID WASTE RESIDENTIAL PLANNED UNIT DEVELOP-
MENTS
RADIOS Land development code regulations re zon-
Noises,enumeration of prohibited 34-153(2) ing 110-26 et seq.
Vehicles for hire See: LAND DEVELOPMENT CODE
Receiving police radio calls prohibited;
radios which may be used 80-81 REVENUES OF CITY. See: FINANCES
RAILROADS AND TRAINS REZONING
Franchise regulations in general. See: Certain ordinances not affected by Code.. 1-10(a)(9)
FRANCHISES(Appendix A)
RIGHTS
RECORDS AND REPORTS Certain ordinances not affected by Code.. 1-10(a)(4)
City clerk
Duties 2-116(1) Code does not affect prior rights estab-
Code enforcement lished or occurring 1-8
Criminal nuisance abatement board ROAD SIGNS
Penalties;fines;liens;recording 2-297 Land development code regulations 94-1 et seq.
Franchise regulations in general. See: J
FRANCHISES(Appendix A) ROBBERY ALARMS.See:ALARM SYSTEMS
Land development code; zoning
Nonconformities RUBBISH. See: SOLID WASTE
Nonconforming lots of record 110-196
Sewers
Industrial or commercial wastewater
monitoring reporting re discharges 78-100 SALES
Sexually oriented businesses, adult enter- Outdoor entertainment events
tainment establishments license Permit;alcohol sales and consumption. 10-62
Records,reports 10-105 Utility service without collection of public
Worker records 10-110 service tax 70-40
Solicitors, peddlers and itinerant mer-
chants SANITARY SEWER SYSTEM.See:SEWERS
Permit record 16-53 AND SEWAGE DISPOSAL
Report of violations 16-31
Subdivisions SCREENS AND SCREENING
Land development code regulations 98-1 et seq. Property maintenance standards 34-91 et seq.
See: LAND DEVELOPMENT CODE See: PROPERTY MAINTENANCE
Vehicles for hire STANDARDS
Maintenance of records 80-85
Report to accidents 80-88 SEA TURTLES. See:ANIMALS AND FOWL
RECREATION. See: PARKS AND RECRE- SEAL OF CITY
ATION City clerk
Duties 2-116(1)
RECYCLABLE MATERIALS
Residences 62-9(b) SEPTIC TANKS
Solid waste generally 62-1 et seq. Sanitary sewer requirements 78-34
See:SOLID WASTE
SERGEANT ARMS
REFUSE. See: SOLID WASTE City council 2-63
Supp.No. 19 CDi:34
CODE INDEX
Lie Section Section
SETBACKS SEWERS AND SEWAGE DISPOSAL(Cont'd.)
Land development code regulations re zon- Permission to use sewer system;waste-
ing 110-26 et seq. water discharge permit 78-98
See:LAND DEVELOPMENT CODE Prohibited wastes,control of 78-97
Wastewater discharge permit 78-98
SEWERS AND SEWAGE DISPOSAL Emergency,termination of service in78-58
Building sewers and connections.See herein: Enforcement;authority;minimum stan-
Industrial and Commercial Use dards 78-53
Commercial use.See herein:Industrial and Inspectors
Commercial Use Power and authority of 78-56
Concurrency management 86-1 et seq. Judicial remedies 78-61
See:LAND DEVELOPMENT CODE Public sewers,use of required 78-55
Connection with sewer Publication of significant violation 78-62
Late connection charge 78-28 Purpose 78-52
Required 78-27 Rates and charges
Unlawful connection 78-29 Surcharge for abnormal strength
Deposit required 78-151 wastes 78-111
Disposal 78-33 Right of refusal 78-57
Failure to maintain plumbing system .... 78-36 Land development code regulations re zon-
Fees schedule in general. See: FEES (Ap- ing 110-26 et seq.
pendix B) See:LAND DEVELOPMENT CODE
Free service 78-37 Maintenance of plumbing system 78-35
Impact fees Monthly sewer rates 78-152
Change of use 78-128 Old plumbing,connecting 78-31
Cost of living increase 78-129 Payment of sewer charges required 78-153
Established 78-121 Penalties 78-26
Excessive quantity of wastewater 78-123 Private water supply
Full payment required prior to issuance Sewer fees where owner has 78-154
Le of certificate or license 78-125 Public service tax generally 70-26 et seq.
Generally 2-231 et seq. See:TAXATION
See: IMPACT FEES Rates and charges
Offsite sewage plumbing 78-131 Monthly sewer rates 78-152
Payment 78-122 Payment of sewer charges required.... 78-153
Port Canaveral customers 78-130 Sewer fees where owner has private
Use of funds 78-127 water supply 78-154
Industrial and commercial use Sanitary requirements 78-32
Administrative enforcement procedures 78-59 Separate connection for each separate build-
Administrative penalties 78-60 ing 78-38
Applicability of provisions 78-54 Septic tanks 78-34
Building sewers and connections Sewer fees where owner has private water
Connecting sources of surface runoff supply 78-154
or groundwater 78-84 Subdivisions
Cost of installation;indemnification 78.78 Land development code regulations.... 98-1 et seq.
Elevations 78-82 See:LAND DEVELOPMENT CODE
Excavations 48.83 Unlawful connection 78-29
Notice of inspection and connection . 78.79 Unlawful construction 78-30
Old building sewers 78.80 Wastewater discharge permits 78-98
Permit for connections SEXUALLY ORIENTED BUSINESSES,
Application 78-77(b) ADULT ENTERTAINMENT ESTAB-
Required 78-77(a) LISHMENTS
Public sewers,connection to 78-85 Adult performance establishment 10-114
Separate sewers for each building... 78-76 Alcoholic beverages establishments
Specifications 78-81 Nudity on premises where alcohol served,
Definitions 78-51 consumed or stored 6-27
Discharges Commercial bodily contact establishments 10-115
Fees 78-99 Prohibited; savings provision 10-127
General prohibitions and limitations 78-96 Commercial bodily contact;unlawful provi-
Industrial or commercial wastewater sions 10-126
Lei monitoring and reporting 78-100 Construction 10-88
Supp. No. 19 CDi:35
CAPE CANAVERAL CODE
Section Section
SEXUALLY ORIENTED BUSINESSES, SHOPPING CENTERS
ADULT ENTERTAINMENT ESTAB- Signs
LISHMENTS(Cont'd.) Land development code regulations.... 94-1 et seq.
Definitions 10-90 See: LAND DEVELOPMENT CODE
Engaging in prohibited activity SHOUTING
Customers 10-117
Workers;operators 10-118 Noises,enumeration of prohibited 34-153(4)
Escort service 10-116 SIDEWALKS. See: STREETS, SIDEWALKS
Escorts,escort services 10-125 AND OTHER PUBLIC WAYS
Fees schedule in general. See: FEES (Ap-
pendix B) SIGNS AND BILLBOARDS
General requirements 10-111 Fees schedule in general. See: FEES (Ap-
Hours of operation;unlawful provisions 10-124 pendix B)
Immunity from prosecution 10-130 Handbills
Land development code regulations re zon- Litter regulations 34-51 et seq.
ing 110-26 et seq. See:LITTER
See:LAND DEVELOPMENT CODE Property maintenance standards
License Sign appearance and maintenance 34-100
Annual license fee 10-103 Specific regulations pertaining signs 94-1 et seq.
Application;fee 10-95 See: SIGNS AND BILLBOARDS
Consent 10-98 Truck routes,signs for 74-32
Contents of application 10-96 SINGING
Contents of license,term,renewals,ex- Noises,enumeration of prohibited 34-153(4)
piration, lapse, nonconforming es-
tablishments 10-104 SITE PLANS
Continuing duty;false,misleading infor- Fees schedule in general. See: FEES (Ap-
mation 10-97 pendix B)
Investigation of applicant 10-99 Land development code regulations re zon-
Issuance or denial of license 10-100 ing 110-26 et seq.
Operation without license 10-119 See: LAND DEVELOPMENT CODE
Reapplication after denial 10-102
Reasons for denial of application of li- SLEEPING
cense 10-101 Sleeping and camping in public areas and
Records,reports 10-105 beaches 50-4
Required 10-93 SLOT MACHINES OR DEVICES
Suspension,revocation of license 10-108 Definitions 10-201
Transfer of license 10-106 Exemption 10-203
Local business tax receipts/home occupa- Prohibited 10-202
tions 10-128 Purpose;intent 10-200
Location,distance requirements 110-352(7)
Minors; unlawful provisions 10-122 SOLICITORS. See: PEDDLERS, CANVASS-
Name change(establishment) 10-107 ERS AND SOLICITORS
Notice 10-91 SOLID WASTE
Obscenity;indecent exposure unlawful 10-89
City
Offices, departments (other); responsibili- Authority to collect 62-3
ties 10-94 Ownership by city 62-4
Operation contrary to operational require- Complaint procedure 62-6
ments 10-120 Concurrency management 86-1 et seq.
Penalties;remedies;relief 10-92 See: LAND DEVELOPMENT CODE
Purpose, findings, intent; incorporation of Containers
whereas clauses 10-87 Required 62-8
Records;unlawful provisions 10-123 Definitions 62-1
Restrooms,dressing rooms,use of 10-121 Fees schedule in general. See: FEES (Ap-
Sexual encounter businesses prohibited; pendix B)
prohibited acts 10-129 Ownership by city 62-4
Sexually oriented businesses 10-112 Penalties 62-2
Short title 10-86 Proper disposal prerequisite to collection . 62-10
Suspension,revocation proceedings 10-109 Public nuisances prohibited
Theater(adult) 10-113 Dead plants,refuse,debris
Worker records 10-110 Yards,etc.,to be kept free of 34-122
Supp.No. 19 CDi:36
CODE INDEX
Li 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)
Yard waste 62-9(c) STORMWATER MANAGEMENT
Sanitary sewer system 78-26 et seq. Fees schedule in general. See: FEES (Ap-
See: SEWERS AND SEWAGE DIS- pendix B)
POSAL Sanitary sewer system 78-26 et seq.
Schedule of fees 62-5 See: SEWERS AND SEWAGE DIS-
Transporting 62-7 POSAL
Tree protection,land clearing 102-36 et seq. Street excavations 66-61 et seq.
See: LAND DEVELOPMENT CODE See: STREETS, SIDEWALKS AND
Unlawful acts OTHER PUBLIC WAYS
Burning or burying of solid waste 62-11(c) Wetlands protection 106-26 et seq.
Container of another 62-11(b) See: LAND DEVELOPMENT CODE
Hazardous waste 62-11(f) STREETS,SIDEWALKS AND OTHER PUB-
Obstruction 62-11(a) LIC WAYS
Unlawful accumulations 62-11(d)
Unlawful disposal 62-11(e) Alcoholic beverages
Possession and consumption 6-51
SOUND AMPLIFIERS Beach end streets
Noises,enumeration of prohibited 34-153(3) Camping prohibited 50-4
STATE Beautification board generally 2-181 et seq.
Abandoned property See: BEAUTIFICATION BOARD
Liple 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
Election code adopted 26-1 Concurrency management system 86-1 et seq.
Law See: MOTOR VEHICLES AND TRAF-
City attorney FIC
Duties 2-126(3) Excavations
Misdemeanor acts adopted,penalty 50-1 City
Parking,state law adopted 74-56 Authority of city 66-64
Vehicles for hire Right to restore surface 66-69
Application of provisions to vehicle, op- Cleanup 66-68
erator regulator by state govern- Emergencies 66-70
ment 80-2 Engineering details 66-66
Guarantee 66-67
STORAGE Inspections 66-63
Abandoned vehicles on private property .. 34-181 Liability of city 66-62
Fireworks Method of installation 66-65
Private use,storage,display prohibited; Penalty 66-61
public displays authorized by per- Permit
mit only 38-82 Application 66-82
Storage of materials 38-87 Cash deposits 66-84
Temporary storage units 82-400
Fee 66-83
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)
Findings,determinations,powers 78-276 Handbills
Operating budget 78-278 Throwing or distributing in public places 34-51
Supp.No. 19 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.
Camping prohibited 50-4 See: TAXATION
Signs Purchasing
Land development code regulations 94-1 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
Sea turtle regulations 14-57 SUITS,ACTIONS AND OTHER PROCEED-
Streets INGS
Abandonment Codes does not affect prior acts committed
Authority 66-36 or done 1-8
Ordinance required 66-39 Effect of repeal of ordinances on suits or
Petition proceedings pending 1-9(b)
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
Land development code regulations 98-1 et seq. SURVEYS,MAPS AND PLATS
See: LAND DEVELOPMENT CODE Amendment to zoning map
Traffic Certain ordinances not affected by Code 1-10(a)(9)
Certain ordinances not affected by Code 1-10(a)(8) City engineer
Travel on other than streets or highways 74-1 Duties 2-151(1)
Tree protection, land clearing 102-36 et seq. Dedicating or accepting
See:LAND DEVELOPMENT CODE Certain ordinances not affected by Code 1-10(a)(12)
Supp. No. 19 CDi:38
CODE INDEX
Lille Section Section
SURVEYS,MAPS AND PLATS(Cont'd.) TAXATION(Cont'd.)
Franchise regulations in general. See: Local improvements
FRANCHISES(Appendix A) Certain ordinances not affected by Code 1-10(a)(11)
Planning and development Outdoor entertainment events
Notice requirement for amendments to Local business tax receipt required .... 10-49
future land use map 58-1 Public service tax
Subdivisions Applicability 70-28
Land development code regulations.... 98-1 et seq. Appropriation of revenue 70-44
See:LAND DEVELOPMENT CODE Authority;findings 70-27
Truck routes,map of 74-31 Collection 70-35
Computation 70-32
SWEAR OR SWORN.See:OATH,AFFIRMA- Continuance of tax and appropriation70-45
TION,SWEAR OR SWORN Definitions 70-26
SWIMMING POOLS Discontinuance of utilities service 70-39
Land development code regulations re zon- Exemptions 70-30
ing 110-26 et seq. Failure to pay tax
See: LAND DEVELOPMENT CODE Collected 70-38
Generally 70-42
T Levied 70-29
Monthly computation 70-34
TAXATION Payment 70-31
Certain ordinances not affected by Code.. 1-10(a)(7) Payment of utilities service without pay-
Fees schedule in general. See: FEES (Ap- ment of tax 70-41
pendix B) Penalty 70-43
Franchise regulations in general. See: Purchase of utilities service
FRANCHISES(Appendix A) Generally 70-33
Local business tax Without collecting tax 70-37
Contractors and subcontractors Records 70-36
LIIII0eSpecial requirements for 70-85 Sale of utilities service without collec-
Definitions 70-66 tion of tax 70-40
Delinquencies 70-76 Sexually oriented businesses, adult enter-
Duplicate,issuance of 70-80 tainment establishments
Engaging in business Local business tax receipts/home occu-
Evidence of engaging in business 70-72 pations 10-128
Without paying tax or making reports 70-71 Vehicles for hire
Exemptions 70-83 Licenses and fees to be in addition to
False statement in receipt application 70-73 other taxes and charges 80-3
Form,signing of receipts;report of infor-
mation 70-70 TAXICABS. See:VEHICLES FOR HIRE
Insurance 70-84 TECHNICAL CODES
Levied 70-67
Local business tax for businesses not Building codes. See also: LAND DEVEL-
otherwise designated 70-88 OPMENT CODE
Multiple receipt 70-78 Building code 82-31 et seq.
Penalty for failure to obtain or renew Coastal construction code 82-88 et seq.
receipt 70-75 Property maintenance code 82-221 et seq.
Preservation,display of receipt 70 79 Unsafe building abatement code 82-56 et seq.
Rate schedule 70-89 Fire prevention code 38-26 et seq.
Receipt required;payment of tax prereq- See: FIRE PREVENTION
uisite to issuance 70-69 Florida Fire Prevention Code 38-26,38-27
Receipt year;tax payment date;term of Life Safety Code 38-28,38-29
receipt; proration of tax 70-74 TELEGRAPH SERVICES
Records of issued receipts 70-86 Public service tax generally 70-26 et seq.
Records of licensees 70-87 See: TAXATION
Records of receipts 70-87
Refunds 70-82 TELEPHONES
Separate receipt required for each place Automatic telephone direct dialing device;
of business 70-77 digital alarm communicator system . 30-37
Transfer of receipt 70-81 Franchise regulations in general. See:
Liiiii Violations and penalties 70-68 FRANCHISES(Appendix A)
Supp.No. 19 CDi:39
CAPE CANAVERAL CODE
Section Section
TELEVISIONS TRUCKS(Cont'd.)
Franchise regulations in general. See: Traffic regulations 74-26 et seq.
FRANCHISES(Appendix A) See: MOTOR VEHICLES AND TRAF-
Noises,enumeration of prohibited 34-153(2) FIC
TENSE TURTLES
Definitions and rules of construction 1-2 Sea turtles 14-51 et seq.
See:ANIMALS AND FOWL
TIME
Computation of time
Definitions and rules of construction... 1-2
TOPOGRAPHY UNSAFE BUILDINGS
Property maintenance standards 34-91 et seq. Unsafe building abatement code 82-56 et seq.
See: PROPERTY MAINTENANCE Buildings and building regulations.See:
STANDARDS LAND DEVELOPMENT CODE
Subdivisions UTILITIES
Land development code regulations.... 98-1 et seq. Flood damage prevention 90-26 et seq.
See: LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
Franchise regulations in general. See:
TORNADOS FRANCHISES(Appendix A)
Civil emergencies generally 18-1 et seq. Impact fees generally 2-231 et seq.
See: CIVIL EMERGENCIES See: IMPACT FEES
TOWING Land development code regulations re zon-
Abandoned property ing 110-26 et seq.
Liability of owner for towing, storage See: LAND DEVELOPMENT CODE
expenses 34-188 Public service tax generally 70-26 et seq.
See:TAXATION
TOWNHOUSES Reclaimed water 78-176 et seq.
Land development code regulations re zon- See:WATER SUPPLY AND DISTRIBU-
ing 110-26 et seq. TION
See:LAND DEVELOPMENT CODE Sanitary sewer system 78-26 et seq.
TOXIC WASTE. See:SOLID WASTE See: SEWERS AND SEWAGE DIS-
POSAL
TRADES Service rate, deposits and billing proce-
Local business tax 70-66 et seq. dures
See:TAXATION Deposit required 78-151
Monthly sewer rates 78-152
TRAFFIC. See: MOTOR VEHICLES AND Payment of sewer charges required 78-153
TRAFFIC Sewer fees where owner has private
TRASH.See: SOLID WASTE water supply 78-154
Stormwater drainage utility 78-275 et seq.
TRAVEL EXPENSES. See: OFFICERS AND Street excavations 66-61 et seq.
EMPLOYEES See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
TREASURER. See: CITY TREASURER Wetlands protection 106-26 et seq.
TREES AND SHRUBBERY See: LAND DEVELOPMENT CODE
Fees schedule in general. See: FEES (Ap- V
pendix B)
Impact fees generally 2-231 et seq. VEGETATION. See: WEEDS AND DEAD
See: IMPACT FEES VEGETATION
Tree protection
Land clearing 102-36 et seq. VEHICLES FOR HIRE
See:LAND DEVELOPMENT CODE Accidents
Weeds and vegetation 34-121 et seq. Report of 80-88
See: WEEDS AND DEAD VEGETA- Alcoholic beverages 80-87
TION Certificate of public convenience and neces-
sity license
TRUCKS Application 80-27
Load regulations re litter 34-34 Approval 80-28
Parking 74-60 Burden of proof 80-29
Supp.No. 19 CDi:40
CODE INDEX
LWWe' Section Section
VEHICLES FOR HIRE(Cont'd.) VESTED RIGHTS(Cont'd.)
Required 80-26 Permit expiration; substantial deviations,
Suspension and revocation 80-31 etc 115-6
Transfer 80-32 Public hearing 115-11
Compliance with provisions 80-4 Purpose and intent 115-1
Cruising,soliciting business prohibited... 80-83 Review and recommendation by city attor-
Definitions 80-1 ney 115-8
Driver's attendance to vehicles 80-84 Standards for determining vested rights.. 115-5
Driver's permit Supplemental evidence 115-9
Application 80-53 Vested rights agreements 115-10
Fees 80-55 Vested rights permits,effect 115-3
Fees schedule in general. See: FEES
(Appendix B) W
Investigation;issuance,denial;posting. 80-54
Penalty 80-52 WASTEWATER
Required 80-51 Sewer impact fees
Surrender;revocation;suspension 80-57 Excessive quantity of 78-123
Transferability;term of validity 80-56
Federal or state government WATER SUPPLY AND DISTRIBUTION
Application to vehicles, operators regu- Concurrency management 86-1 et seq.
lated by 80-2 See:LAND DEVELOPMENT CODE
Fees schedule in general. See: FEES (Ap- Flood damage prevention 90-26 et seq.
pendix B) See:LAND DEVELOPMENT CODE
Insurance 80-5 Impact fees generally 2-231 et seq.
Licenses and fees to be in addition to other See: IMPACT FEES
taxes and charges 80-3 Public service tax generally 70-26 et seq.
Lost money or property 80-86 See: TAXATION
Maintenance of records 80-85 Reclaimed water
C11110." Nonpaying passengers with paying passen-
gers,transporting of 80-80 Definitions 78-176
Number of passengers carried 80-79 Installation and inspection of the re-
Police radio calls,receiving prohibited;ra- claimed water system
dios which may be used 80-81 Adoption of Chapter 62-610,F.A.0 .. 78-200
Rates and charges Areas embraced 78-197
Charging rates in excess of established Code enforcement board authority and
rates 80-78 violation liability 78-195
Schedule of 80-77 Cross-connection control 78-198
Report of accidents 50-88 Discontinuance of service 78-193
Required equipment;standards Inspections 78-192
Compliance 80-76(a) Policies and regulations adopted;com-
General mechanical condition; cleanli- pliance required 78-191
ness;lighting 80-76(c) Public employees liability 78-196
Letters,numbers required 80-76(e) Unauthorized use 78-199
Mechanical inspection 80-76(d) Unlawful connections or practices... 78-194
Substitution of equipment 80-76(g) Irrigation usage rates 78-180
Taximeters 80-76(f) Reclaimed water uses 78-178
Vehicle type,capacity 80-76(b) Right to refuse service 78-181
Schedule rates and charges 80-77 Sanitary sewer system 78-26 et seq.
Stands,depots,terminals and parking.... 80-82 See: SEWERS AND SEWAGE DIS-
POSAL
VESSELS. See: BOATS, DOCKS AND WA- Subdivisions
TERWAYS Land development code regulations 98-1 et seq.
VESTED RIGHTS See: LAND DEVELOPMENT CODE
Application for vested rights determina- WATERWAYS, WATERCOURSES. See:
tion 115-7 BOATS,DOCKS AND WATERWAYS
Definitions 115-2
Exhaustion of administrative remedies re- WEEDS AND DEAD VEGETATION
quired 115-4 Fees schedule in general. See: FEES (Ap-
Issuance vested rights permit 115-12 pendix B)
Lige, Judicial review 115-13 Intent 34-121
Supp.No. 19 CDi:41
CAPE CANAVERAL CODE
Section Section
WEEDS AND DEAD VEGETATION(Cont'd.) ZONING(Cont'd.)
Notice to remedy nuisance 34-123 Subdivisions
Public nuisance prohibited 34-122 Land development code regulations.... 98-1 et seq.
Records 34-127 See: LAND DEVELOPMENT CODE
Remedies by city 34-126 Plats and lot splits
Tree protection,land clearing 102-36 et seq. Division of land;review and approval
See:LAND DEVELOPMENT CODE required; zoning 98-31
Weeds and vegetation 34-121 et seq.
WETLANDS PROTECTION See: WEEDS AND DEAD VEGETA-
Specific regulations 106-26 et seq. TION
See:LAND DEVELOPMENT CODE Wetlands protection 106-26 et seq.
WHISKEY. See:ALCOHOLIC BEVERAGES See: LAND DEVELOPMENT CODE
WHISTLING
Noises,enumeration of prohibited 34-153(4)
WINE. See:ALCOHOLIC BEVERAGES
WRITS, WARRANTS AND OTHER PRO-
CESSES
Code enforcement citations
Enter upon property (inspection war-
rant) 2-290
Franchise regulations in general. See:
FRANCHISES(Appendix A)
Y
YARD WASTE. See: SOLID WASTE
YARDS AND OPEN SPACES
Subdivisions
Land development code regulations98-1 et seq.
See:LAND DEVELOPMENT CODE
Weeds and vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
YELLING
Noises,enumeration of prohibited 34-153(4)
Z
ZONING
Amendments to map
Certain ordinances not affected by Code 1-10(a)(9)
Fees schedule in general. See: FEES (Ap-
pendix B)
Flood damage prevention 90-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code 110-1 et seq.
See:LAND DEVELOPMENT CODE
Local planning agency 58-56 et seq.
See:PLANNING AND DEVELOPMENT
Signs
Land development code regulations 94-1 et seq.
See:LAND DEVELOPMENT CODE
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Supp. No. 19 CDi:42