HomeMy WebLinkAboutSupplement 17 SUPPLEMENT NO. 17
December 2008
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. 08-2008, adopted July 1, 2008.
See the Code Comparative Table for further information.
Remove old pages Insert new pages
xi-xiv xi-xiv
vii, xviii xvii, xviii
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
CD2:3 CD2:3
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CD34:3, CD34:4 CD34:3-CD34:4.1
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CDB:9-CDB:12 CDB:9-CDB:12.1
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CCT:21 CCT:21, CCT:22
SLT:1-SLT:3 SLT:1-SLT:3
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INSTRUCTION SHEET—Cont'd.
CDi:21—CDi:34 CDi:21—CDi:34.1
CDi:37, CDi:38 CDi:37—CDi:38.1
Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
MUNICIPAL CODE CORPORATION
Post Office Box 2235
1700 Capital Circle, S.W.
Tallahassee, FL 32316
(850) 576-3171
1-800-262-CODE
Website: www.municode.com
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
1. General Provisions CD1:1
Supp.No. 17 xi
CAPE CANAVERAL CODE
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
Div. 4. Criminal Nuisance Abatement Board CD2:26
Art. VII. Travel Reimbursement Policies and Proce-
dures CD2:26
3-5. Reserved CD3:1
6. Alcoholic Beverages CD6:1
Art. I. In General CD6:3
Art. II. Operation of Establishments CD6:3
Art. III. Possession and Consumption CD6:4
Div. 1. Generally CD6:4
Div. 2. Motor Vehicles CD6:4
7-9. Reserved CD7:1
10. Amusements and Entertainments CD10:1
Art. I. In General CD10:3
Art. II. Amusement Device Code CD10:3
Art. III. Outdoor Entertainment 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 ,D
Supp.No. 17 Xii
*www, 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
26. Elections CD26:1
Nitiow 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
Art. IV. Fireworks CD38:8
Supp. No. 17 xiii
01.11111110101, .0.0111, AlMiliMOVIMPINOWN111.1110111.11010,
CAPE CANAVERAL CODE
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. 17 xiv
TABLE OF CONTENTS-Cont'd.
Chapter Page
Div. 3. Inspections; Certificate of Completion CD98:14
Art. IV. Improvements CD98:15
Div. 1. Generally CD98:15
Div. 2. Design Standards CD98:18
99-101. Reserved CD99:1
102. Vegetation CD102:1
Art. I. In General CD102:3
Art. II. Tree Protection CD102:3
Div. 1. Generally CD102:3
Div. 2. Land Clearing CD102:3
103-105. Reserved CD103:1
106. Waterways CD106:1
Art. I. In General CD106:3
Art. II. Wetlands Protection CD106:3
107-109. Reserved CD107:1
110. Zoning CD110:1
Art. I. In General CD110:7
Art. II. Procedure; Land Use Decisions CD110:15
Div. 1. Generally CD110:15
Div. 2. Rezonings CD110:18
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. VU. 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
Div. 8. C-2 Commercial/Manufacturing District CD110:44
Art. VIII. Residential Planned Unit Developments CD110:46.4
"amb" Div. 1. Generally CD110:46.4
Div. 2. Development Plans CD110:49
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CAPE CANAVERAL CODE •
Chapter Page
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
0
Supp.No. 17 xviii
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 page.
In the first column all page numbers are listed in sequence. The second
column reflects the latest printing of the pages as they should appear in an
up-to-date volume.The letters"OC"indicate the pages have not been reprinted
in the Supplement Service and appear as published for the original Code.
When a page has 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.
Title page OC CD1:7 12
iii OC CD2:1, CD2:2 15
v, vi OC CD2:3 i7
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ix, x 1 CD2:7, CD2:8 10
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CDA:17, CDA:18 7 CDi:16.1 16
CDA:19, CDA:20 7 CDi:17, CDi:18 15
CDA:21, CDA:22 7 CDi:19, CDi:20 15
CDA:23, CDA:24 7 CDi:21, CDi:22 17
CDA:25, CDA:26 7 CDi:23, CDi:24 17
CDA:27, CDA:28 7 CDi:25, CDi:26 17
CDA:29, CDA:30 7 CDi:27, CDi:28 17
CDA:31 7 CDi:29, CDi:30 17
CDB:1 OC CDi:31, CDi:32 17
CDB:3, CDB:4 3 CDi:33, CDi:34 17
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CAPE CANAVERAL CODE
Page No. Supp. No.
CDi:34.1 17
CDi:35, CDi:36 16
CDi:37, CDi:38 17
CDi:38.1 17
CDi:39, CDi:40 16
CDi:41 16
Supp.No. 17 [6]
ADMINISTRATION
Sec. 2-225. Availability of funds.
Sec. 2-226. Prohibition of interest.
Secs. 2-227-2-230. Reserved.
Division 3. Impact Fees
Sec. 2-231. Levy and purpose.
Sec. 2-232. Exemptions.
Sec. 2-233. Schedule.
Sec. 2-234. Payment.
Sec. 2-235. Partial waiver authorized.
Sec. 2-236. Capital expansion trust funds.
Sec. 2-237. Capital expansion plans.
Secs. 2-238-2-245. Reserved.
Article VI. Code Enforcement
Division 1. Generally
Secs. 2-246-2-255. Reserved.
Division 2. Code Enforcement Board
Sec. 2-256. Created.
Sec. 2-257. Membership.
Sec. 2-258. Duties;responsibilities;powers.
Sec. 2-259. Prosecution of violations with no criminal penalty.
Sec. 2-260. Application for satisfaction or release of code enforcement liens.
Secs. 2-261-2-279. Reserved.
Division 3. Code Enforcement Citations
Sec. 2-280. Intent and purpose.
Sec. 2-281. Definitions.
Sec. 2-282. Authorization of citation program.
Sec. 2-283. Applicable codes and ordinances;class violation.
Sec. 2-284. Training of code enforcement officers.
Sec. 2-285. Citation powers;personal investigation;reasonable cause.
Sec. 2-286. Violation;penalties;general.
Sec. 2-287. Citation issuance procedure.
Sec. 2-288. Citation form.
Sec. 2-289. Payment of penalty;court hearings.
Sec. 2-290. Authorization to enter upon property.
Sec. 2-291. Classes of violations and penalties.
Division 4. Criminal Nuisance Abatement Board
Sec. 2-292. Purpose and intent.
Sec. 2-293. Establishment;membership;meetings;definitions.
Sec. 2-294. Powers.
Sec. 2-295. Criminal nuisances established;violations.
Sec. 2-296. Enforcement procedures;notice;hearing.
Sec. 2-297. Penalties;fines;liens;recording.
Sec. 2-298. Appeal.
Sec. 2-299. Reserved.
Article VII. Travel Reimbursement Policies and Procedures
Sec. 2-300. Reimbursement policy and procedures for official travel.
Supp.No. 17 CD2:3
•
O
O
ADMINISTRATION §2-282
prepared or recorded until the condi- Sec. 2-281. Definitions.
tion(s) placed by the council have been
satisfied. The following words and phrases shall have the
meaning ascribed herein unless the context clearly
The violator shall have 30 days in which indicates otherwise:
to comply with the conditions imposed by
the city council. Failure of the violator to (a) Code enforcement officer shall mean city
comply will result in the automatic denial manager designated employees or agents whose
of the application for satisfaction or re- duty it is to enforce the City Code and ordinances.
lease of lien. Code enforcement officers may include, but are
not limited to, code inspectors, building inspec-
If the application is denied or if the appli- tors, the building official, law enforcement offic-
cation is automatically denied due to the ers, fire safety inspectors, or any other employee
failure of the violator to comply with the or agent authorized by the city council and/or city
conditions imposed by the city council,the manager. All such officers employed by the city
violator shall thereafter be barred from shall receive training as prescribed by the city
applying for a subsequent satisfaction or council and/or city manager.
release of lien for a period of one year
from the date of denial. During the one- (b) Person shall mean any individual, associa-
year period,the lien may only be satisfied tions, joint ventures, partnerships, corporations,
and released upon full payment of the fine trusts, sole proprietorships,and any and all other
or penalty imposed in accordance with groups or combinations and legal entities.
this division.
(Ord. No. 05-2003, § 2, 2-18-03) (c) Repeat violation shall be as defined by F.S.
ch. 162, and as may be amended from time to
time.
Secs. 2-261-2-279. Reserved. (d) Violation shall mean the act of breaking,
infringing or transgressing any provision of the
DIVISION 3. CODE ENFORCEMENT City Code,its ordinances or other law by a person,
CITATIONS pursuant to this division.
(Ord. No. 06-2004, § 2, 4-20-04)
Sec. 2-280. Intent and purpose. Sec. 2-282. Authorization of citation pro-
gram.
(a) It is the intent and purpose of this division
to provide a supplemental procedure for the en- (a) The city hereby adopts a code enforcement
citation system to provide an additional and sup-
forcement of city codes and ordinances. Nothing
contained in this division shall prohibit the city plemental method of enforcing the enumerated
codes and ordinances enumerated in section 2-283
from enforcing its Code and ordinances by any
other lawful means. or specifically made subject to this division else-
where in the City Code. The enforcement method
shall be by the issuance of citations for violation
(b) It is also the intent and purpose of this of duly enacted city codes and ordinances in
division to enhance the effectiveness of code en- accordance with the rules and procedures estab-
forcement within the city by authorizing the en- lished by this division and F.S. Ch. 162.
forcement methods and penalties contained in
this division for the betterment and promotion of (b) Code enforcement officers shall not have
the public health, safety, and welfare of the citi- the power of arrest for purposes of bringing a
zens of the city. violation in compliance. For each violation, the
(Ord. No. 06 2004, § 2, 4 20-04) code enforcement officer shall determine, using
Supp. No. 17 CD2:21
§2-282 CAPE CANAVERAL CODE {
reasonable discretion, whether to prosecute the Sec. 2-284. Training of code enforcement of-
violation through the civil citation system under ficers.
this division and/or the code enforcement board.
(Ord. No. 06-2004, § 2, 4-20-04) (a) The training and qualifications of the code
enforcement officers shall be established by the
city council or city manager.
Sec. 2-283. Applicable codes and ordinances;
class violation. (b) Except for sworn law enforcement officers,
(a) The following city codes and ordinances the designation of code enforcement officers un-
may be enforced by civil citation to the Brevard der this division does not confer the power of
arrest or other law enforcement powers nor sub-
County Court, and are assigned the violation
classification enumerated below: ject the code enforcement officers to the provi-
sions of F.S. Ch. 943.
(1) Chapter 38, article IV, Fire- (Ord. No. 06-2004, § 2, 4-20-04)
works Class II.
(2) Chapter 34, article II, Litter Class I. Sec. 2-285. Citation powers; personal inves-
tigation; reasonable cause.
(3) Chapter 34, article III, Prop-
erty Maintenance Standards Class I. Any code enforcement officer is hereby autho-
rized to issue a citation to a person when, based
(4) Chapter 34, article V, Noise Class I. upon personal investigation, the officer has rea-
(5) Chapter 34,article VII,Lights Class I. sonable cause to believe that the person has
committed a civil infraction in violation of the
(6) Section 14-3, Bees and bee- duly enacted code or ordinance which is either
hives prohibited Class I. identified in section 2-283 of this division or
specifically made subject to this division else-
(7) Chapter 14, article III, Sea where in the City Code,regardless of whether the
Turtles Class I. violation constitutes a repeat violation. Nothing
(8) Section 110-467,Garage sales Class I. in this section shall prohibit the city from enforc-
ing its codes or ordinances by any other means.
(9) Section 110-582, Swimming (Ord. No. 06-2004, § 2, 4-20-04)
pool barriers Class II.
(10) Section 110-486(d), Resort Sec. 2-286. Violation; penalties; general.
dwellings; resort condomini-
ums;nonconforming use sta- A violation of a city code or ordinance
tus; expiration Class IV. specifically made subject to this division is hereby
deemed a civil infraction.
(11) Section 110-487, Rental re-
strictions on dwelling units. Class IV. (b) Each violation of a city code or ordinance
specifically made subject to this division is a
(12) Chapter 82,article XIV,Num- separate civil infraction. Each day such violation
bering of Buildings and Prop- shall continue shall be deemed to constitute a
erty Class I. separate civil infraction.
(b) In the event of a conflict between the civil (c) The maximum civil penalty pursuant to
penalties enumerated in this section and a civil this division, shall not exceed $500.00 plus all
penalty specifically enumerated elsewhere in this applicable court costs and legislative assess-
Code or other ordinances, the more stringent ments, per violation.
penalty shall apply.
(Ord. No. 06-2004, § 2, 4-20-04; Ord. No. 06-2007, (d) Any citation issued pursuant to this article
§ 2, 10-16-07) may be contested in county court.
Supp. No. 17 CD2:22
4,0•00.,„ ADMINISTRATION §2-287
(e) Any person who willfully refuses to sign
and accept a citation issued by a code enforcement
officer shall be guilty of a misdemeanor of the
second degree, punishable as provided in F.S.
§§ 775.082 and 775.083.
(f) The provisions of this part shall not apply to
enforcement pursuant to sections 553.79 and 553.80
of the Florida Building Code, as applied to con-
struction, provided that a building permit is ei-
ther not required or has been issued by the city.
(Ord. No. 06-2004, § 2, 4-20-04)
Sec. 2-287. Citation issuance procedure.
All citations issued pursuant to this division by
a code enforcement officer shall be in accordance
with the following procedure:
(a) Warning notice. Except as provided in
subsection (b), a code enforcement officer
shall provide a warning notice prior to
issuing a citation. The warning notice
shall at a minimum provide the following:
(1) The code or ordinance provision vio-
lated;
(2) The date of the issuance of the warn-
ing notice;
A
cee.
Supp.No. 17 CD2:22.1
C
C
i*0"1""-N ADMINISTRATION §2-291
within the time provided,a civil judgment subsequent purchasers, successors in in-
shall be entered against that person in an terest or assigns if the violation concerns
amount up to the maximum civil penalty real property, and the findings therein
plus applicable court costs. shall be binding upon the violator and any
subsequent purchasers, successors in in-
(3) Should the person cited schedule a hear-
terest or assigns if the violation concerns
ing as provided for herein and thereafter real property.
fail to appear at such hearing, the person
shall be deemed to have waived the right (7) Payment of any civil penalty imposed by
to contest the citation, and a civil judg- civil judgment or county judge shall be
ment shall be entered against the person made to the clerk of the court, who shall
in an amount up to the maximum civil forward the monies collected to the city
penalty plus applicable court costs; pro- manager for deposit into the city's general
vided, however, that the court shall have fund. If a judgment has been entered for
the discretion to continue or reschedule the civil penalty, the clerk of the court
any hearing when it determines that do- shall notify the city when the judgment
ing so will further the interest of justice. has been paid and the necessary satisfac-
In such an event, the clerk of the court tion of judgment shall be prepared and
shall notify the code enforcement officer recorded in the official records of the
and the person cited of the date and time county.
of the hearing. In addition, an order to
(8) Should the provisions of this section con-
show cause may be issued by the county flict with any administrative order issued
judge requiring the person cited to appear by the court which sets forth the court's
CD in county court to explain the person's
failure to appear at the hearing. Failure
procedures required for handling code en-
forcemeat citations, the conflicting provi-
to respond to the order to show cause may sions of the court's administrative order
result in issuance of an arrest warrant. shall prevail.
(4) Should the person cited willfully fail to (Ord. No. 06-2004, § 2, 4-20-04)
comply with a court order to abate or
correct the violation, the court, after due Sec. 2-290. Authorization to enter upon prop-
notice and hearing on the matter, may erty.
hold the violator in civil contempt and A code enforcement officer charged with the
may enter an order to that effect.
duty to enforce this division shall have the right
(5) In the event that a civil judgment is to enter upon private real property in accordance
entered against the person cited as pro- with applicable federal and state law. If entry
vided herein, the city may record a certi- upon private real property is denied, the city
fled copy of said judgment in the official manager is hereby authorized to direct the city
records of the county and the same shall attorney to obtain an inspection warrant from a
thereafter constitute a lien against the court of competent jurisdiction for purposes of
land on which the violation exists and authorizing a code enforcement officer to inspect
upon any other real or personal property the private real property and personal property
owned by the violator. thereon.
(Ord. No. 06-2004, § 2, 4-20-04)
(6) In the event that an order is entered
finding that a violation of the ordinance Sec. 2-291. Classes of violations and penal-
cited has been committed, the city may ties.
record a certified copy of said order in the
official records of the county and the same (a) All violations of city codes and ordinances
shall thereafter constitute notice to and authorized for enforcement under this division
be binding upon the violator and any shall be classified and assigned civil penalties as
Supp.No. 17 CD2:25
r.rr►
§2-291 CAPE CANAVERAL CODE
3
follows: lished as the criminal nuisance abatement board
and shall act as the city's administrative board to
Violation Civil Penalty hear complaints regarding nuisances as provided
Class I $100.00 for in this division.
Class II 200.00 (b) Membership. The terms of office of the
Class III 300.00 board members shall coincide with the terms of
Class IV 500.00 office of the code enforcement board members.
(b) Any city code or ordinance enacted subse-
quent to the adoption of this division may set (c) Meetings. The board shall establish a sched-
forth the applicable civil penalty for violations by ule of regular meetings at such intervals as the
designating the appropriate violation classifica- board may determine, but not less frequently
tion provided in this section. than once every two months. Regular meetings of
(c) All city code or ordinance provisions which the board shall be scheduled where possible to
are subject to this division and which do not immediately precede the regularly scheduled meet-
specifically set forth an applicable civil penalty ings of the code enforcement board and may be
classification shall be penalized as a class I viola- cancelled by the chairperson if there is no busi-
ness to come before the board.
tion.
(Ord. No. 06-2004, § 2, 4-20-04) (d) Definitions. As used in this division, the
following terms shall have the following mean-
DIVISION 4. CRIMINAL NUISANCE ings, unless the context clearly indicates that a
ABATEMENT BOARD different meaning is intended:
Sec. 2-292. Purpose and intent. City manager shall mean the city manager of
Pursuant to the city's authority established in Cape Canaveral or the city manager's designee.
0
F.S. § 893.138, the purpose of this division is to Controlled substance shall mean any drug,
promote, protect and improve the health, safety, narcotic,or other substance identified and prohib-
welfare and quality of life of the citizens of the ited under F.S. ch. 893, as may be amended.
City of Cape Canaveral by creating an adminis-
trative board with the authority to impose admin- Criminal street gang shall have the same mean-
istrative fines and other noncriminal penalties in ing as set forth under F.S. § 874.03, as may be
order to provide an equitable, expeditious, effec- amended.
tive, and inexpensive method of enforcing the
City Code under circumstances when a pending Criminal street gang activity shall mean those
or repeated violation continues to exist. activities committed by a criminal street gang or
It is the intent of this division to provide the member thereof as set forth under [F.S.] §874.03,
city with an additional and supplemental means as may be amended.
to abate drug,prostitution,dealing in stolen prop- Dealing in stolen property shall have the same
erty, and criminal street gang activities amount- meaning as that provided under F.S. §812.019,as
ing to a public nuisance.Nothing contained herein may be amended.
shall preclude the city from abating nuisances
under F.S. § 60.05 or as otherwise provided by Nuisance abatement coordinator shall mean
federal, state or local law. the officer or officers of the Brevard County Sheriffs
(Ord. No. 06-2008, § 2, 5-6-08) Department designated by the city manager re-
Sec. 2-293. Establishment; membership; sponsible for overseeing and enforcing the provi-
meetings; definitions. sions of this division on behalf of the city.
(a) Criminal nuisance abatement board estab- Prostitution or prostitution-related activity shall
lished. Pursuant to F.S. § 893.138, the code en- mean any act constituting a violation of F.S.
forcement board is hereby designated and estab- § 796.07, as may be amended.
0
Supp. No. 17 CD2:26
ADMINISTRATION §2-296
Recording secretary for the nuisance abatement (b) On more than two occasions within a
board/recording secretary shall mean a city staff six-month period,as the site of the unlaw-
member or clerk assigned to the criminal nui- ful sale,delivery,manufacture,or cultiva-
sance abatement board. tion of any controlled substance;
Recurring criminal nuisance means any single (c) On one occasion as the site of the unlaw-
or multiple instance of conduct prescribed in F.S. ful possession of a controlled substance,
§893.138,as may be amended,that occurs during where such possession constitutes a fel-
the effective term of an order entered by the ony and that has been previously used on
board. more than one occasion as the site of the
Stolen property shall mean tangible, intangi unlawful sale, delivery, manufacture, or
ble, personal or real property having any mone-
tary or market value and that has been the (d) By a criminal street gang for the purpose
subject of any temporary or permanent criminal of conducting a pattern of criminal street
taking in violation of the laws of the state. gang activity; or
(Ord. No. 06-2008, § 2, 5-6-08)
(e) On more than two occasions within a
Sec. 2-294. Powers. six-month period,as the site of a violation
relating to dealing in stolen property.
The criminal nuisance abatement board shall (Ord. No. 06-2008, § 2, 5-6-08)
have the powers delineated in F.S. § 893.138,
which shall include, but not be limited to, the Sec. 2-296. Enforcement procedures;notice;
following: hearing.
(a) Adopting rules for the conduct of its hear- (a) Any employee, officer, or resident of the
ings. city may file, in accordance with this section, a
(b) Subpoenaing alleged violators and wit- written complaint alleging the existence of a
nesses to its hearings. criminal nuisance.The complaint shall only be for
those nuisances enumerated in this division and
(c) Subpoenaing records, surveys, plats, or shall state facts that reasonably tend to establish
other documentary evidence which sub- the existence of such criminal nuisance.
poenas shall be served by the police de-
partment. All complaints shall be filed with the nuisance
abatement coordinator. The nuisance abatement
(d) Taking testimony under oath. coordinator shall review each complaint filed to
(e) Issuing orders having force and effect of determine whether the facts presented establish
law commanding whatever steps are nec- the requisite number of incidents or occurrences
essary to bring a violation into compli- required under this division. Where the corn-
ance. plaint alleges the requisite number of incidents or
(f) Establishing and levying fines. occurrences to establish a nuisance under this
(Ord. No. 06-2008, § 2, 5-6-08) division,the nuisance abatement coordinator shall
forward the complaint,with any relevant incident
or arrest reports generated by the sheriffs depart-
Sec. 2-295. Criminal nuisances established;
ment substantiating such incidents or occur-
violations. rences or evidencing new or additional incidents
It shall be a criminal nuisance and a violation or occurrences, to the city attorney.
of this division for any place or premises, or any (b) The city manager shall review all com
part thereof, to be used or allowed to be used: plaints to verify the findings of the nuisance
(a) On more than two occasions within a abatement coordinator. If the city manager deems
140`" six-month period for prostitution or pros- the complaint sufficient under this division to
titution-related activities; support a probable finding of the existence of a
Supp. No. 17 CD2:26.1
§2-296 CAPE CANAVERAL CODE
0
criminal nuisance, the nuisance abatement coor- (4) A copy of the statement of violation, in-
dinator shall prepare a courtesy notice of viola- cluding all documentation in support
tion to be served, in accordance with this section, thereof; and
upon the owner of the property in question. The
courtesy notice of violation shall provide the name (d) All notices under this division shall be
of the owner of the premises, the address of the hand-delivered by the Brevard County Sheriff
premises where the nuisance has occurred,a brief Department, where practical, or where not prac-
statement describing the incidents or occurrences tical or impossible, by certified mail, return re-
which support the finding of a criminal nuisance ceipt requested,to the property owner of record at
upon the premises, and recommendations of re- the address as it appears in the public records of
medial action to be taken to abate the criminal the county property appraiser's office. If the no-
nuisance upon the property. The owner of the tice is returned for any reason, then service shall
premises shall have ten calendar days from the be effected by mailing the notice through regular
date of the notice to contact the nuisance abate- delivery to the address of the premises and by
ment coordinator to indicate what action will be posting the notice in accordance with F.S.ch. 162.
taken to abate the nuisance upon the premises. Proof of service shall be by written declaration
Failure of the owner to receive this notice of indicating the date, time, and manner in which
violation shall not invalidate any further proceed- service was made.
ings hereunder.
(e) The city manager may negotiate stipulated
If a recurring criminal nuisance or emergency settlement agreements with a property owner to
situation exists, the nuisance abatement coordi- facilitate the abatement of a criminal nuisance.
nator shall not be required to provide a courtesy All stipulated agreements shall be reviewed and
notice of violation, but instead may prepare and approved by the nuisance abatement coordinator
serve a statement of violation and notice of hear- and board prior to being effective.The board shall
3
ing as provided below. approve all settlement agreements by written
order.
(c) Should the owner or operator fail to contact
the nuisance abatement coordinator, fail to com- (f) At the hearing, the nuisance abatement
mit to a course of action designed to abate the coordinator shall present evidence before the board
nuisance upon the property, or should there be on behalf of the city and has the burden to prove
any further incidents or occurrences which con- the existence of a criminal nuisance by substan-
stitute a nuisance upon the property, a hearing tial and competent evidence. The board may con-
date shall be scheduled before the board. Such sider any evidence, regarding the activities al-
hearing shall be held no sooner than ten calendar leged in the statement of violation and occurring
days after the notice of hearing is sent to the about the place or premises, and the owner(s) of
owner of the place or premises at the owner's last the place or premises shall have the opportunity
known address. The nuisance abatement coordi- to appear before the board, in person and/or
nator shall then prepare and serve upon the through legal counsel, to present evidence in
owner or operator, in accordance with this divi- defense or in mitigation against the complaint,
sion, a statement of violation/notice of hearing conduct cross-examination, submit rebuttal evi-
providing the following information: dence, and make brief opening and/or closing
statements. Irrelevant, immaterial or unduly re-
(1) A statement of the time,place and nature petitive evidence shall be excluded.All testimony
of the hearing; shall be taken under oath and shall be recorded.
(2) A statement of the legal authority and Any member of the board,or counsel to the board,
jurisdiction under which the hearing is to may inquire of any witness testifying before the
be held; board. The board shall take testimony of such
witnesses as may be called by the respective
(3) A reference to the particular sections of sides. Formal rules of evidence shall not apply,
0
the statutes and ordinances involved; but fundamental due process shall be observed
Supp.No. 17 CD2:26.2
1
ADMINISTRATION §2-297
and govern said proceedings. In addition, the appellate proceedings, including attorney's fees
board may consider testimony and evidence relat- and the costs of recording any order, notice or
ing to the general reputation of the place or agreement.
premises; and
(k) An order of the board shall expire not more
The board may proceed with a hearing in absentia than one year, or at such earlier time designated
on the merits of an alleged criminal nuisance in the order, after entry of the order by the board.
against any property owner who has been prop- The order may include deadlines or other notice
erly noticed under this division and has failed to for requiring compliance by a certain date and
appear. Any findings or orders entered by the that a fine may be imposed in accordance with
board are valid and binding upon each Respon- this division.
dent who has been properly noticed. (Ord. No. 06-2008, § 2, 5-6-08)
The board,in its discretion, may continue a hear- Sec. 2-297. Penalties;fines;liens;recording.
ing to receive additional evidence, testimony, or
for any other reason the board deems appropriate. (a) The city manager shall, upon notification
by the recording secretary that an affidavit of
(g) At the conclusion of the hearing, the board noncompliance has been filed by the nuisance
shall issue findings of fact based on evidence in abatement coordinator reflecting that a previous
the record and conclusions of law, and shall issue order of the board has not been complied with,
an order affording the proper relief consistent schedule a hearing before the board. Upon evi-
with the powers granted by Florida Statutes and dence establishing that noncompliance exists,the
by this section.The order shall be stated orally at board shall enter an order imposing conditions
the meeting and shall be reduced to writing and and any other measures to abate the criminal
mailed to the alleged violator within ten calendar nuisance as provided by this division, including
days after the hearing. the imposition of a fine.
(h) If the board declares a place or premises to (b) A fine imposed pursuant to this section
be a criminal nuisance, it may enter an order shall not exceed $250.00 per day for a first occur-
immediately prohibiting: rence of a criminal nuisance and shall not exceed
$500.00 per day for a recurring criminal nuisance.
(1) The maintaining of the nuisance; However,total fines imposed in any action brought
(2) The operating or maintaining of the place pursuant to this division shall not exceed
or premises; $15,000.00. In determining the amount of the
fine,if any,the board shall consider the following
(3) The conduct,operation,or maintenance of factors:
any business or activity on the premises
which is conducive to such nuisance; or (1) The gravity of the criminal nuisance;
(4) May impose any other measures or condi- (2) Any actions taken by the owner to correct
tions the board deems appropriate to abate the criminal nuisance; and
a criminal nuisance. (3) Any previous nuisances maintained or
permitted by the owner.
(i) This subsection does not restrict the right of
any person, including the city, to proceed under (c) A certified copy of an order imposing a fine
F.S. § 60.05 against any public nuisance. may be recorded in the public records of the
county, and thereafter shall constitute a lien
(j) If the city proves the existence of a criminal against the land on which the violation exists and
nuisance or recurring criminal nuisance before upon any other real or personal property owned
the board, the city, as the prevailing party, shall by the owner. Upon petition to the circuit court,
be entitled to recover its reasonable fees and costs such order may be enforced in the same manner
C associated with the investigation, hearing and as a court judgment by the sheriffs of this state,
prosecution on the criminal nuisance through all including levy against personal property,but such
Supp.No. 17 CD2:26.3
§2-297 CAPE CANAVERAL CODE
0
order shall not be deemed to be a court judgment fined in F.S. § 166.021. It is also the intent of this
except for enforcement purposes. A fine imposed section that the provisions of F.S. § 112.061,
pursuant to this division shall continue to accrue pertaining to municipalities, and any amend-
until the owner comes into compliance or until the ments, additions, or modifications to such provi-
judgment is rendered in a suit to foreclose on a sions, shall be incorporated herein by reference,
lien filed pursuant to this section, whichever to the extent this section does not address a
occurs first. A lien arising from a fine imposed subject matter that is addressed in F.S. § 112.061,
pursuant to this section runs in favor of the city, and that the provisions contained in this section
and the city may execute a satisfaction or release shall be supplemental and in addition to the
of a lien in the same manner as provided under provisions of F.S. § 112.061. In the event of any
section 2-260, or may otherwise seek to foreclose conflict between this section and F.S. § 112.061,
on the lien. However, where the nuisance abate this section, in accordance with F.S. § 166.021,
ment action is based on a stolen property nui shall prevail.
sance, and is brought against a property owner
operating an establishment where multiple ten- (b) Definitions. For purposes of this article,the
ants, on one site, conduct their own retail busi following terms shall have the meanings indi-
nesses,the property owner shall not be subject to Gated:
a lien against the owner's property or the prohi-
bition of operation provision if the property owner (1) Officer or public officer. An individual
elects to evict the business declared to be a who, in performance of his/her official
nuisance within 90 calendar days after notifica- duties is vested by law with sovereign
tion by registered mail to the property owner of a powers of government, who is elected by
second stolen property conviction of the tenant. the people (mayor and city council).
Any lien recorded against real property may be
foreclosed by the city and the owner of such real (2) Employee or public employee. The city0
property shall be liable for all costs, including a manager or an individual, whether corn-
reasonable attorney's fee, associated with the missioned or not, other than an officer or
recording of all orders and foreclosure. authorized person as defined herein,who
(d) The board may further bring a complaint is filling a regular or full-time authorized
pursuant to F.S. § 60.05, seeking a permanent position and is responsible to the city
injunction against any nuisance as described in manager.
this division. This section does not restrict the
right of any person to proceed under F.S. § 60.05, (3) Authorized person.
against any criminal nuisance.
(Ord. No. 06-2008, § 2, 5-6-08) (A) A person, other than a public officer
or employee, as defined herein,
Sec. 2-298. Appeal. whether elected or commissioned or
A party aggrieved by a final administrative not, who is authorized by the city
order of the board shall have the right to appeal manager or city council to incur travel
said order to a court of competent jurisdiction, expenses in the performance of his
pursuant to the rules of procedure of the court. official duties; or
(Ord. No. 06-2008, § 2, 5-6-08)
Sec. 2-299. Reserved. (B) A person who is called upon the city
to contribute time and services as
consultant or adviser.
ARTICLE VII. TRAVEL REIMBURSEMENT
POLICIES AND PROCEDURES (4) Traveler. A public officer,public employee,
or authorized person, when performing
Sec. 2-300. Reimbursement policy and pro- authorized travel.
cedures for official travel.
(a) Purpose. It is the intent of this section to (5) Travel expense. The usual, ordinary and
regulate official travel expenses of city officers, incidental expenditures necessarily in-
employees, authorized persons, as de- curred by a traveler.
0
em to ees, and other
p Y
Supp.No. 17 CD2:26.4
ADMINISTRATION §2-300
(6) Common carrier. Train, bus, commercial
airline operating scheduled flights, or
rental cars of an established rental car
firm.
(c) Authority to incur travel expenses.
(1) All travel of public employees must be
authorized and approved by the depart-
ment head and city manager. Multiday
travel of the city manager or a public
officer must be approved by the city coun-
cil.
(2) Day trips may be authorized by the de-
partment head without approval of the
city manager.
(3) The city shall not authorize or approve
such a request of a public employee unless
it is accompanied by a signed statement
Supp.No. 17 CD2:26.5
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ALCOHOLIC BEVERAGES §6-27
ARTICLE I. IN GENERAL ing which is intended to give the appear-
ance of or simulate such portions of the
Sec. 6-1. Penalty. human female breast as described in sub-
Any person violating this chapter shall be section (a)(1) of this section.
punished as provided in section 1-15.
(Code 1981, §§ 733.04, 733.05, 734.03, 737.09) (3) Suffer or permit any person, while on the
premises of the commercial establish-
Secs. 6-2-6-25. Reserved. ment, to expose to public view the geni-
tals, pubic area, buttocks, anus or anal
cleft or cleavage of such person.
ARTICLE II. OPERATION OF
ESTABLISHMENTS (4) Suffer or permit any person, while on the
premises of the commercial establish-
Sec. 6-26. Hours of operation. ment, to employ any device or covering
which is intended to give the appearance
(a) Any commercial establishment which serves, of or simulate the genitals, pubic area,
dispenses, stores or sells alcoholic beverages, or buttocks, anus, anal cleft or cleavage.
where alcoholic beverages are consumed,or which
holds a license under the division of beverages for (b) It shall be unlawful for any female person
either on-premises or off-premises consumption, while on the premises of a commercial establish-
shall have the hours of operation for the purposes ment located within the city at which alcoholic
of dispensing, selling, consuming or serving alco- beverages are offered for sale, served, consumed
holic beverages from 7:00 A.M. of one day to 2:00 or stored to expose to public view that area of the
A.M. of the following day. human female breast at or below the areola or to
(b) Establishments within the city licensed by employ any device or covering which is intended
the state division of beverages may remain open to give the appearance of or simulate such areas
until 4:00 a.m. on January 1 and shall not be of the female breast as described in this subsec-
required to close at 2:00 a.m. as provided in tion.
subsection (a) of this section.
(Code 1981, §§ 733.01, 733.03; Ord. No. 10-94, (c) It shall be unlawful for any person while on
§ 1(733.01), 3-1-94) the premises of a commercial establishment lo-
State law reference—Authority to regulate hours of sale, cated within the city at which alcoholic beverages
F.S. §562.14. are offered for sale,served, consumed or stored to
expose to public view the genitals, pubic area,
Sec. 6-27. Nudity on premises where served, buttocks, anus or anal cleft or cleavage of such
consumed or stored. person or to employ any device or covering which
(a) It shall be unlawful for any person main- is intended to give the appearance of or simulate
taining,owning,or operating a commercial estab- the genitals, pubic area, buttocks, anus or anal
lishment located within the city at which alco- cleft or cleavage.
holic beverages are offered for sale, served,
consumed or stored to: (d) If the owner, operator, lessor, lessee, man-
ager, employee or any other person participating
(1) Suffer or permit any female person,while in the operation of a commercial establishment
on the premises of the commercial estab located within the city at which alcoholic bever-
lishment,to expose to the public view that ages are offered for sale, served, consumed or
area of the human breast at or below the stored shall be convicted of any of the offenses
areola. designated in subsection (a), the business license
(2) Suffer or permit any female person,while official, as designated by the city manager, shall
on the premises of the commercial estab- revoke the local business tax receipt for the es-
lishment, to employ any device or cover- tablishment after giving a reasonable notice thereof
Supp.No. 17 CD6:3
§6-27 CAPE CANAVERAL CODE AdlIN
to the holder of the receipt and affording the games and other events, provided that nothing in
holder an opportunity to be heard as to why the this section shall be deemed to waive any provi-
revocation should not be issued. sions of state law regulating alcoholic beverages.
(Code 1981, § 734.01(A)—(C), (E); Ord. No. 02- (Code 1981, § 604.02; Ord. No. 9-94, § 1, 2-1-94)
2007, § 3, 2-20-07; Ord. No. 07-2008, § 3, 7-1-08) Cross reference—Parks and recreation,ch. 54.
Cross reference—Adult entertainment regulations,§10-86
et seq. Sec. 6-53. Ocean beach.
State law reference—Authority to regulate conduct,F.S.
§§562.14,562.45. (a) It shall be unlawful for any person to
possess an alcoholic beverage, as defined in F.S.
Secs. 6-28-6-50. Reserved. ch. 561, on the ocean beach or dune in containers
greater than one gallon (128 ounces) in capacity.
ARTICLE III. POSSESSION AND (b) The city council may waive the prohibitions
CONSUMPTION of this section for any special event including,but
not limited to, community picnics, charitable ball
games and other events,provided that nothing in
DIVISION 1. GENERALLY this section shall be deemed to waive any provi-
sions of state law regulating alcoholic beverages.
Sec. 6-51. Streets,alleys,sidewalks and park- (Ord. No. 09-2006, § 2, 6-20-06)
ing areas.
(a) It shall be unlawful for any person to drink,
Secs. 6-54-6-65. Reserved.
consume or possess an open container of alcoholic
beverage, as defined in F.S. § 561.01, including DIVISION 2. MOTOR VEHICLES*
but not limited to beer and wine, on or upon any
street, alley,walkway, sidewalk or any city public Sec. 6-66. Definitions.
parking area open to the public in the ordinary The following words, terms and phrases, when
course of business within the city. used in this division, shall have the meanings
(b) The city council may waive the prohibitions ascribed to them in this section, except where the
of this section for any special event,including,but context clearly indicates a different meaning:
not limited to, community picnics, charitable ball Alcoholic beverage means any beverage contain-
games and other events,provided that nothing in ing more than one percent of alcohol by weight.
this section shall be deemed to waive any provi Proof that a beverage in question was contained
sions of state law regulating alcoholic beverages. in an opened bottle or can, labeled as beer, ale,
(Code 1981, § 604.01; Ord. No. 06 2002, § 1, malt liquor, malt beverage, wine, wine cooler or
3-19-02) other similar name and which bears the
Cross references—Library,ch. 46; parks and recreation
areas, ch. 54; streets, sidewalks and other public places, ch. manufacturer's insignia,name or trademark,shall
66;waterways,ch. 106; zoning,ch. 110. be prima facie evidence that such beverage is an
alcoholic beverage.
Sec. 6-52. Parks and recreation areas. Highway means any public street,avenue,bou-
(a) It shall be unlawful for any person to drink, levard, roadway, alley, sidewalk, parking lot or
consume or possess an open container of alcoholic other right-of-way or any area upon which the
beverage, as defined in F.S. ch. 561, within the public has a right to travel, whether public or
confines of any public park, public recreational private, located within the incorporated area of
area, public recreation facility or public ballpark the city.
within the city, excluding the ocean beach.
*Cross references—Streets, sidewalks and other public
(b) The city council may waive the prohibitions places,ch. 66;traffic and vehicles,ch. 74.
of this section for any special event,including but State law reference—Possession of open containers in
not limited to community picnics, charitable ball vehicles,F.S. §316.1936.
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Supp.No. 17 CD6:4
AMUSEMENTS AND ENTERTAINMENTS § 10-50
ARTICLE I. IN GENERAL Sec. 10-47. Compliance with other laws.
The staging, promoting or conducting of an
Secs. 10-1-10-25. Reserved. outdoor entertainment event shall be in full and
complete compliance with all zoning and land use
laws in subpart B of this Code, beverage license
ARTICLE II. AMUSEMENT DEVICE laws and other laws, ordinances and regulations
CODE* applicable to the city.
(Ord. No. 23-92, § 1(729.04), 12-1-92)
Sec. 10-26. Reserved.
Sec. 10-48. Penalties for violations.
Editor's note—Ord. No. 11-2002, § 1, adopted Aug. 20,
2002, deleted § 10-26, which pertained to adoption of the (a) Any person who violates, disobeys, omits,
Standard Amusement Device Code and derived from Code neglects or refuses to comply with or who resists
1981, §§628.01-628.03. the enforcement of any of the sections of this
article shall be punished as provided by section
Sec. 10-27. Reserved. 1-15.
Editor's note—Ord. No. 11-2002, § 2, adopted Aug. 20, (b) The city council may revoke the special
2002,deleted§ 10-27,which pertained to amendments to the
Standard Amusement Device Code. outdoor entertainment permit granted and shall
immediately notify the business license official,
as designated by the city manager, to revoke any
Secs. 10-28-10-45. Reserved. local business tax receipt upon the occurrence of
any violation of this article.
(Ord. No. 23-92, § 1(729.07), 12-1-92; Ord. No.
ARTICLE III. OUTDOOR 02-2007, § 4, 2-20-07; Ord. No. 07-2008, § 3,
ENTERTAINMENT- 7-1-08)
DIVISION 1. GENERALLY Sec. 10-49. Local business tax receipt re-
quired.
Sec. 10-46. Definitions. It shall be unlawful for any person to stage,
promote or conduct any outdoor entertainment
The following words, terms and phrases, when event in the city unless he shall have secured a
used in this article, shall have the meanings local business tax receipt as provided for in sec-
ascribed to them in this section, except where the tion 70-88, which local business tax receipt shall
context clearly indicates a different meaning: be issued only after issuance of the special enter-
tainment permit by the city council.
Outdoor entertainment events means any gath- (Ord. No. 23-92, § 1(729.02), 12-1-92; Ord. No.
ering of groups or persons for the purpose of 02-2007, § 4, 2-20-07)
participating in, viewing, observing, watching or Cross reference—Occupational license taxes,§70-88.
listening to entertainment which consists of mu-
sical renditions, sporting contests or events, fes- Sec. 10-50. Exceptions.
tivals or other entertainment not conducted within
a completely enclosed structure. The city council shall have the right to waive
(Ord. No. 23-92, § 1(729.01), 12-1-92) the applicability and necessity of any of the sec-
Cross reference—Definitions and rules of construction tions of this article to any outdoor entertainment
generally, § 1-2. event sponsored by the recreational boards estab-
lished by the city or any outdoor entertainment
*Cross reference—Code enforcement,ch. 2,art.VI. event promoted by a nonprofit organization,asso-
tCross references—Code enforcement, ch. 2, art. VI;
parks and recreation, ch. 54; streets, sidewalks and other ciation or group if such outdoor entertainment
public places, ch. 66; buildings and building regulations, ch. event of such organization, association or group
Loyi 82; zoning,ch. 110. has been sanctioned or approved by the council.
Supp.No. 17 CD10:3
§ 10-50 CAPE CANAVERAL CODE
Such sanction and approval of an outdoor enter-
tainment event promoted by such organization,
association or group shall be based upon a suffi-
cient showing that the sections waived dealing
with the health, safety and welfare of those in
attendance, as well as the general public, have
been otherwise provided for as required by the
applicable standards set forth in this article.
(Ord. No. 23-92, § 1(729.08), 12-1-92)
Secs. 10-51-10-60. Reserved.
DIVISION 2. PERMIT
Sec. 10-61. Required.
Any person desiring to stage, promote or con-
duct any outdoor entertainment event within the
corporate limits of the city shall first secure a
special entertainment permit from the city coun-
cil.
(Ord. No. 23-92, § 1(729.03(A)), 12-1-92)
Sec. 10-62. Application.
An application for a special outdoor entertain-
ment permit shall be submitted in writing to the
city council on forms provided for this purpose at
least 45 days in advance of the date of commence-
ment of the outdoor entertainment event for which
the permit is requested, in order to permit the
council to evaluate the application in an orderly
and expeditious manner. The application shall
contain the plans, documents and information
specified in this section.No permit shall be issued
by the council until receipt and approval of all
plans, documents and information and until the
following minimum conditions are met or such
higher conditions as required by the council upon
a review of any unique problems contained in the
plans, documents and information are met:
(1) Adequate plans for site construction, san-
itation facilities, sewage disposal, gar-
bage and refuse disposal, drainage,flood-
lighting during darkness,insect and rodent
control, water supply and food service.
For the purposes of evaluating such plans,
the standards established by the rules of
the state
Supp.No. 17 CD10:4
COMMUNITY DEVELOPMENT §22-39
the quality of life and civic pride of all people who Some local areas of natural beauty are the beaches,
reside, work, vacation, or spend time in Cape ocean and the Banana River. The vistas and
Canaveral. visual delight of these should only be enhanced.
(Ord. No. 16-95, § 2, 12-19-95)
(c) The facilitator of this effort shall be the
community appearance board whose primary pur-
pose shall be to encourage uniform architectural Sec. 22-37. Board established; membership;
standards and cohesive community development qualifications of members.
consistent with the intent and purpose of this
article.
(a) Established. There is hereby established a
(d) The cultural character and beauty of Cape community appearance board which shall consist
Canaveral involves, among other things, the aes- of five members.
thetic quality of all one sees in moving about the
entire community. Consequently,the ultimate de- (b) Qualifications. All members shall be qual-
signers and developers of buildings and struc- ified by reason of training or expertise in art,
tures must be informed of the larger context in architecture, community planning, land develop-
which their particular works will be viewed within ment,real estate,landscape architecture or other
the community. The task of the community ap- relevant business or profession, or by reason of
pearance board shall be to provide a mechanism civic interest so as to be considered a sound judge
by which proposed new development and modifi- of the aesthetic effect and impact upon property
cations or rehabilitations (of buildings and struc- values, desirability, and the economic, social and
tures)can be reviewed and approved,in a uniform cultural patterns of the community of a proposed
manner, so as to be in harmony with the compre-
hensive architecturally related policies,objectives (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 1-98, § 1,
and standards adopted by Cape Canaveral for the 2-17-98; Ord. No. 07-2003, § 2, 3-4-03; Ord. No.
overall betterment of the community. 12-2003, § 4, 7-1-03)
(e) It is recognized by the Florida Supreme
Court that zoning solely for aesthetic purposes is Sec. 22-38. Reserved.
not outside the scope of the police power of mu- Editor's note—Ord. No. 12-2003, § 4, deleted section
nicipal governments, like Cape Canaveral. It has 22-38,which pertained to rules of conduct of board business
also been judicially recognized in Florida (and in and derived from Ord.No. 16-95,§2,adopted Dec. 19, 1995.
other jurisdictions) that the promotion of aes-
thetic beauty also protects property values, tour-
ism, and other economic interests which Cape Sec. 22-39. Proceedings of the board.
Canaveral deems vital to the community.
(f) Zoning is the single most powerful legal (a) Meetings shall be held on the first and
third Monday of each month unless no business is
enforcement of an overall urban concept, but
alone it does not create beauty, aesthetic order,or presented to the board for a particular meeting.
The time and place of meetings, and the order of
amenity. The task of the community appearance
board shall be to preserve various elements of business and procedure to be followed at meet-
urban beauty and require that new projects being ings, shall be prescribed by the board.
developed enhance existing development and the
landscape of the community. (b) The city shall provide administrative, le-
gal, architectural and other professional expert
(g) The essential foundation of beauty in com- services deemed necessary for the board to per-
munities is harmony.The plan for achieving beauty form its duties and obligations under this article.
must grow out of out special local characteristics (Ord. No. 16 95, § 2, 12-19-95; Ord. No. 12-2003,
of site,development and redevelopment potential. § 4, 7-1-03)
Supp.No. 17 CD22:5
§22-40 CAPE CANAVERAL CODE
Sec. 22-40. Approval prerequisite for per- Sec. 22-42. Procedure.
mits. (a) Submission of application. All applicants
(a) Without exception, the following shall be for a building permit, subject to the provisions of
approved by the community appearance board this article, shall submit to the building official
before a permit is issued for development of
property which has an exterior, visual impact or
effect on the community:
(1) All plans, elevations and proposed signs
for buildings or structures within any
zoning district,or any alterations thereto.
(2) Exterior building and roof colors for non-
residential development within the C-1,
C-2, and M-1 zoning districts, or any
alterations thereto.
(b) Notwithstanding paragraph (a) of this sec-
tion,if the building official determines(at his sole
discretion) that a building permit application is
minor or insignificant, the building official may
grant the permit without submitting the applica-
tion to the community appearance board for ap-
proval, providing the permit is consistent with
the intent and purpose of this article. For pur-
poses of this paragraph, the phrase "minor or
insignificant"shall mean a small scale renovation
or modification project affecting a small site and
having a nominal exterior visual impact and
effect on the community. Any party or person
adversely affected by a decision made by the
building official may appeal such decision to the
community appearance board.
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 04-2003,
§ 2, 2-18-03; Ord. No. 05-2008, § 2, 4-15-08)
Sec. 22-41. Compliance with other code pro-
visions.
The requirements of this article are deemed
supplemental of, and in addition to, all other
applicable codes adopted by the city including,
but not limited to, the land development regula-
tions, and all fire and building regulations. Ap-
proval of plans and specifications by the commu-
nity appearance board shall be construed only for
the limited purpose of complying with this article,
and in no way shall the applicant construe such
approval as evidence of compliance with any
other applicable city codes and regulations.
(Ord. No. 16-95, § 2, 12-19-95)
Supp. No. 17 CD22:6
COMMUNITY DEVELOPMENT §22-47
(3) Level 3 review (Change of exterior build- board may appeal the decision to the city council
ing or roof color upon commercial build- pursuant to the procedure set forth in section
ings or structures within the C-1, C-2, or 110-33 of this Code.
M-1 zoning districts): (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 39-2003,
a. Vicinity map locating all zoning clas- 2, 11-18-03; Ord. No. 07-2007, § 3, 12-4-07)
sifications, including orientation of
all color photographs; Sec. 22-47. Building permits; enforcement.
b. Materials, texture and color board Unless otherwise provided by this article, no
depicting location of colors; and building permit shall be issued until the commu-
nity appearance board has approved the proposed
c. Minimum of three color photographs
building or structure's architectural specifica-
of site and setting(surrounding area). tions and design features,
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 04-2003, pursuant to this article.
Any final plans and specifications that differ
§ 2, 2-18-03; Ord. No. 07 2003, § 2, 3-4-03)
substantially, in the opinion of the building offi-
cial, from the approved application by the com-
Sec. 22-45. Concept plans.
munity appearance board shall be resubmitted
All concept plans submitted for consideration prior to the issuance of the building permit. All
under this article for the new development of approved specifications and design features shall
unimproved property shall indicate the following become a binding condition of,and made a part of,
sufficiently: the building permit(s) secured for the building or
(1) Dimensions and orientation of the parcel; structure associated therewith. The building per-
mit shall be enforced in a manner similar to all
.00000., (2) Location, height and use of buildings, other building permits issued by the city. The city
structures and encroachments both exist- shall have the right, power and ability to recover
ing and proposed; all costs, expenses and reasonable attorney's fees
(3) Location and arrangement of manmade ("costs") incurred as a result of enforcing he
and natural ground cover; permit.All costs shall be a lien on the property to
which the building or structure is associated from
(4) Proposed ingress and egress facilities; the date the costs become due until the costs are
(5) A conceptional preliminary landscaping paid.The owner of the property shall be obligated
plan; to pay the costs,which obligation may be enforced
by the city by action at law or suit to enforce the
(6) Unusual grading or slopes, if any; lien in the same manner as the foreclosure of
(7) Location of walls and fences and the indi- mortgages.
cation of their height and the materials of (Ord. No. 16 95, § 2, 12-19-95)
their construction;
(8) Location and size and graphic content of
proposed exterior signs, outdoor advertis-
ing or other constructed elements other
than habitable space, if any;
(9) Such other architectural and engineering
data as may be requested to clarify the
presentation.
(Ord. No. 16-95, § 2, 12-19-95)
Sec. 22-46. Appeals and review.
Any person(s) or the city aggrieved by a final
decision rendered by the community appearance
Supp. No. 17 CD22:9
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ELECTIONS §26-5
Sec. 26-1. State election code adopted. already existed, at the editor's discretion the new provisions
were codified as§26-5 to maintain the numerical sequence of
The state election code, F.S. chs. 97-106, is the Code.
adopted as the procedure for conducting munici-
pal elections within the city.The duties,authority
and responsibility of state and county officers,
board and bodies set forth in the state election
code shall apply to the corresponding municipal
entities in the conduct of municipal elections.
(Code 1981, § 211.01)
Sec. 26-2. Penalties for violations.
All penalties for violations as provided in the
state election code adopted in this chapter are
specifically adopted as the penalties for violations
of such code as they pertain to municipal elections
conducted within the city.
(Code 1981, § 211.02)
Sec. 26-3. Qualifying period—Generally.
The qualifying period for candidates for the
offices of the mayor and city council shall be at
any time after 12:00 noon of the 88th day prior to
``trr... the general election and no later than 12:00 noon
of the 74th day prior to the date of the general
election.
(Code 1981, § 211.04; Ord. No. 10-2002, § 1,
6-4-02; Ord. No. 08-2006, § 2, 6-20-06; Ord. No.
08-2008, § 2, 7-1-08)
Sec. 26-4. Reserved.
Editor's note—Ord. No. 08-2006, § 2, adopted June 20,
2006,deleted§26-4,which pertained to same—write-in can-
didates and derived from Code 1981, § 211.05; and Ord. No.
10-2002, §2,adopted June 4, 2002.
Sec. 26-5. Early voting exemption.
The city is hereby exempt from the early voting
provisions of F.S. § 101.657. From time to time,
the city may contract with the Brevard County
Supervisor of Elections to conduct early voting for
the city at the office of the supervisor of elections
and any other early voting sites the supervisor
may establish in public libraries,city halls,or any
other facilities approved by the supervisor.
(Ord. No. 17-2004, § 2, 10-5-04)
Editor's note—Ord. No. 17-2004, § 2, adopted Oct. 5,
2004, added § 26-4 to the Code. Inasmuch as said section
Supp.No. 17 CD26:3
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Chapter 34
ENVIRONMENT*
Article I. In General
Secs. 34-1-34-25. Reserved.
Article II. Litter
Division 1. Generally
Sec. 34-26. Definitions.
Sec. 34-27. Reserved.
Sec. 34-28. Unlawful disposal.
Sec. 34-29. Litter in public places.
Sec. 34-30. Placement in receptacles.
Sec. 34-31. Sweeping into gutters prohibited.
Sec. 34-32. Merchant's duty to keep sidewalks free of litter.
Sec. 34-33. Throwing by person in vehicle.
Sec. 34-34. Truck loads.
Sec. 34-35. Dropping from aircraft.
Sec. 34-36. Throwing in river or other body of water.
Sec. 34-37. Depositing on occupied private property.
Sec. 34-38. Owner's maintenance of premises.
CO) Sec. 34-39. Depositing on vacant lots.
Sec. 34-40. Posting notices prohibited.
Sec. 34-41. Burial of trash,rubble or other debris.
Sec. 34-42. Enforcement.
Sec. 34-43. Abatement;assessment.
Secs. 34-44 34-50. Reserved.
Division 2. Handbills
Sec. 34-51. Throwing or distributing in public places.
Sec. 34-52. Placing on vehicles.
Sec. 34-53. Depositing on uninhabited or vacant premises.
Sec. 34-54. Distribution prohibited where properly posted.
Sec. 34-55. Distribution at inhabited private premises.
Secs. 34-56-34-65. Reserved.
Division 3. Reserved
Sec. 34-66. Reserved.
Sec. 34-67. Reserved.
Sec. 34-68. Reserved.
Sec. 34-69. Reserved
Secs. 34-70-34-90. Reserved.
Article III. Property Maintenance Standards
Sec. 34-91. Definitions.
Sec. 34-92. Authority.
Sec. 34-93. Scope.
*Cross references-Regulations regarding sea turtles,§14-51 et seq.;planning,ch.58;solid waste,ch.62;streets,sidewalks
and other public places,ch.66;traffic and vehicles,ch. 74;utilities,ch.78;buildings and building regulations,ch.82;vegetation,
ch. 102;waterways,ch. 106;zoning,ch. 110;landscaping and vegetation,§ 110-566.
Supp.No. 17 CD34:1
CAPE CANAVERAL CODE
Sec. 34-94. Purpose.
Sec. 34-95. Enforcement.
Sec. 34-96. Standards established.
Sec. 34-97. Duties and responsibilities for maintenance.
Sec. 34-98. Building appearance and maintenance.
Sec. 34-99. Landscape appearance and maintenance.
Sec. 34-100. Sign appearance and maintenance.
Secs. 34-101-34-120. Reserved.
Article IV. Weeds and Dead Vegetation
Sec. 34-121. Intent.
Sec. 34-122. Public nuisances prohibited.
Sec. 34-123. Notice to remedy nuisance.
Sec. 34-124. Reserved.
Sec. 34-125. Reserved.
Sec. 34-126. Remedy by city.
Sec. 34-127. Records.
Secs. 34-128-34-150. Reserved.
Article V. Noise
Sec. 34-151. Declaration of policy to prohibit noise.
Sec. 34-152. Reserved.
Sec. 34-153. Enumeration of prohibited noises.
Sec. 34-154. Construction noise.
Secs. 34-155-34-175. Reserved.
Article VI. Abandoned Property
Sec. 34-176. Definitions.
Sec. 34-177. Entry upon private property authorized.
Sec. 34-178. Penalty.
Sec. 34-179. Additional remedies.
Sec. 34-180. Property abandoned or lost on public property.
Sec. 34-181. Storing,parking or leaving on private property.
Sec. 34-182. Notice to abate.
Sec. 34-183. Code enforcement board hearing procedures.
Sec. 34-184. Compliance with notice or order to remove;removal by city upon
noncompliance.
Sec. 34-185. Notification of owner following removal by city.
Sec. 34-186. Disposition of property removed by city.
Sec. 34-187. Redemption prior to sale by city.
Sec. 34-188. Liability of owner for towing,storage expenses;collection of lien
on private property.
Secs. 34-189-34-205. Reserved.
Article VII. Lights
Sec. 34-206. Definitions.
Sec. 34-207. Policy established.
Sec. 34-208. Reserved.
Sec. 34-209. Spillover lighting standards established.
Sec. 34-210. Exceptions.
Sec. 34-211. Method of measurement.
Appendix A
Supp.No. 17 CD34:2
ENVIRONMENT §34-26
ARTICLE I. IN GENERAL is or may be required by any law of this
state or under any ordinance of this city;
Secs. 34-1-34-25. Reserved. or
(4) While containing reading matter other
ARTICLE II. LITTER* than advertising matter,is predominantly
and essentially an advertisement and is
DIVISION 1. GENERALLY distributed or circulated for advertising
purposes or for the private benefit and
Sec. 34-26. Definitions. gain of any person engaged as an adver-
tiser or distributor.
The following words, terms and phrases, when
used in this article, shall have the meanings Garbage means putrescible animal and vegeta-
ascribed to them in this section, except where the ble wastes resulting from the handling, prepara-
context clearly indicates a different meaning: tion, cooking and consumption of food.
Commercial handbill means any printed or Litter means garbage,rubbish,rubble and hand-
written matter, any sample or device, dodger, bills.
circular, leaflet, pamphlet, paper, booklet or any
other printed or otherwise reproduced original or Newspaper means any newspaper of general
copies of any matter or literature which: circulation as defined by general law, any news-
(1) Advertises for sale any merchandise,pro- paper fully entered with the post office depart
duce, commodity or thing; ment of the United States, in accordance with
federal statute or regulation, and any newspaper
(2) Directs attention to any business or mer- filed and recorded with any recording officer as
cantile or commercial establishment or provided by general law and, in addition, means
other activity for the purpose of either and includes any periodical or current magazine
directly or indirectly promoting the inter- regularly published with not less than four issues
est thereof by sales; per year and sold to the public.
(3) Directs attention to or advertises any meet-
ing, theatrical performance, exhibition or Noncommercial handbill means any printed or
event of any kind for which an admission written matter, any sample or device, dodger,
fee is charged for the purpose of private circular, leaflet, pamphlet, newspaper, magazine,
gain or profit; but this subsection shall paper, booklet or any other printed or otherwise
not apply where an admission fee is reproduced original or copies of any matter of
charged or a collection is taken up for the literature not included in the definition of a
purpose of defraying the expense incident commercial handbill or newspaper.
to such meeting, theatrical performance,
exhibition or event of any kind; provided Park means a park, reservation, playground,
that nothing in this subsection shall be beach, recreation center or any other public area
owned or used by the city and devoted to active or
deemed to authorize the holding,giving or
taking place of any meeting, theatrical passive recreation.
performance, exhibition or event of any
kind without a license,where such license Private premises means any dwelling, house,
building or other structure designed or used ei-
*Cross references—Code enforcement, § 2-246 et seq.; ther wholly or in part for private residential
parks and recreation, ch. 54; solid waste, ch. 62; streets, purposes, whether inhabited or temporarily or
sidewalks and other public places,ch.66;traffic and vehicles, continuously uninhabited or vacant, and includes
ch. 74;buildings and building regulation,ch. 82;waterways,
ch. 106;supplementary zoning district regulations,§ 110466 any yard, grounds, walk, driveway, porch, steps,
et seq. vestibule or mailbox belonging or appurtenant to
State law reference—Littering,F.S. §403.413. such dwelling,house,building or other structure.
Supp. No. 17 CD34:3
§34-26 CAPE CANAVERAL CODE
Public place means all streets, sidewalks, bou- Sec. 34-30. Placement in receptacles.
levards, alleys or other public ways and all public Persons placing litter in public receptacles or
parks, squares, spaces, grounds and buildings.
in authorized private receptacles shall do so in
Rubbish means nonputrescible solid wastes such a manner as to prevent it from being carried
consisting of both combustible and noncombusti or deposited by the elements upon any public
ble wastes, such as paper, wrappings, cigarettes, place.
cardboard, tin cans, yard clippings, wood, glass, (Code 1981, § 675.03)
bedding, crockery and similar materials.
Sec. 34-31. Sweeping into gutters prohib-
Rubble means broken fragments of concrete, ited.
brick, stone or asphalt, when such fragments are No person shall sweep into or deposit in any
scattered in disarray. gutter or other public place within the city the
(Code 1981, § 675.01) accumulation of litter from any building or lot or
Cross reference—Definitions and rules of construction from any public or private sidewalk or driveway.
generally,§ 1-2. A person owning or occupying property shall keep
the sidewalk in front of his premises free of litter.
Sec. 34-27. Reserved. (Code 1981, § 675.04)
Cross referencc Streets, §66-26 et seq.
Editor's note—Ord. No. 06-2007, § 3, adopted Oct. 16,
2007,deleted§34-27,which pertained to penalty and derived
from Code 1981,§675.24. Sec. 34-32. Merchant's duty to keep side-
walks free of litter.
Sec. 34-28. Unlawful disposal. No person owning or occupying a place of
business shall sweep into or deposit in any gutter "D
It shall be unlawful to deposit or dispose of or other public place within the city the accumu-
garbage,horticultural trash,household trash,rub- lation of litter from any building or lot or from any
bish or industrial waste upon the premises of public or private sidewalk or driveway. A person
another or upon any street, alley, parkway or owning or occupying a place of business within
other public property or any canal, ditch, water, the city shall keep the sidewalk in front of his
waterway,river,ocean, sandbed,pool,pond or the business premises free of litter.
like within the city or in the receptacle of another, (Code 1981, § 675.05)
except that tenants of multiple dwellings or busi- Cross referencc Streets, sidewalks and other public
nesses,where authorized, may deposit such accu- ch.66.
mulations in receptacles which the owner or man-
ager of the multiple dwelling, apartment or Sec. 34-33. Throwing by person in vehicle.
business building has authorized for the use of No person, while a driver or passenger in a
the tenants. vehicle, shall throw or deposit litter upon any
(Code 1981, § 673.07) public place within the city.
Cross reference—Solid waste,ch.62. (Code 1981, § 675.06)
Cross reference—Traffic and vehicles,ch. 74.
Sec. 34-29. Litter in public places.
Sec. 34-34. Truck loads.
No person shall throw or deposit litter in or
upon any public place within the city, except in No person shall drive or move any truck or
public receptacles or in authorized private recep other vehicle within the city, unless such vehicle
tacles for collection. is so constructed or loaded as to prevent any load
(Code 1981, § 675.02) or contents of litter from being blown or deposited
Cross referencc Streets, sidewalks and other public upon any public place.
AmmIN
places,ch.66. (Code 1981, § 675.07)
-.04001
Supp.No. 17 CD34:4
ENVIRONMENT §34-34
Cross reference—Trucks,§74-26 et seq.
State law reference—Similar provisions,F.S.§316.195.
Supp.No. 17 CD34:4.1
rl-
-J
Jo�
"osimo., ENVIRONMENT §34-95
Blighting means any cause of destruction or Sec. 34-93. Scope.
ruin; to cause to wither or decay. This article shall be effective throughout the
Deterioration means the condition or appear- city.
ance of a building or parts thereof showing evi- (Code 1981, § 652.03)
dence of physical decay, neglect, excessive use or
lack of maintenance. Sec. 34-94. Purpose.
Encroachment means entering by gradual steps (a) The intent of the city council in adopting
into the possessions or rights of others. this article is to establish reasonable and uniform
regulations on the appearance of public areas,
Family means an individual or a group of business establishments and residential commu-
persons related to each other by blood or marriage nities within the city.
or a group of not more than four adults who are
not necessarily so related, living together under (b) Good community appearance is the product
one roof as a single household unit. of orderly and harmonious relationships existing
between manmade objects and nature. Appear-
Filth means foul matter; unsanitary condi- ance has a direct bearing on the economic value of
tions; offensive or disgusting. property. When the appearance of public areas,
Infestation means the presence of insects, ter- business establishments and residential commu-
mites, rodents, vermin or other pests on the nities is good, business people, homeowners and
premises which constitute a health or structural industrial developers tend to have a strong confi
hazard. dence in the community.Poor appearance,conges-
tion and lack of proper maintenance bring about
Landscape means elements of nature and blight, decay, decreased property values, loss of
manmade objects combined in relation to one revenues and decreased community confidence.
another.
(c) People are intensely aware of and affected
Nuisance means everything that endangers life by bad design or lack of attention to it. Poor
or health, gives offense to senses, violates the quality of design in the exterior appearance of
laws of decency or obstructs reasonable and corn- buildings or in the development and maintenance
fortable use of property. of structures, landscaping, signs and general ap-
Obnoxious means very unpleasant, objection- pearance affect the desirability of immediate and
able and offensive. neighboring areas for residential,business,indus-
trial or other uses.Further,it impairs the benefits
Screening means a structure or planting which of occupancy in existing property, prevents the
conceals from public view the area behind such most appropriate development of such areas and
structure or planting. produces undesirable conditions affecting health,
safety, comfort and general welfare of the inhab-
Topography means the physical characteristics itants of the city.
of land.
(Code 1981, § 652.09) (d) It is the purpose of this article to prevent
Cross reference—Definitions and rules of construction the harmful effects that poor exterior property
generally, § 1-2. appearance can cause in the city and thus to
promote and protect the public confidence and
Sec. 34-92. Authority. prosperity and to conserve the value of property.
This article is enacted under the home rule (Code 1981, § 652.05)
power and the police power of the city in the Sec. 34-95. Enforcement.
interest of public health, peace, safety and gen-
eral welfare of the citizens and inhabitants of the The code enforcement officer and code enforce-
"""` city. ment board shall enforce this article. Alterna-
(Code 1981, § 652.01) tively, this article may be enforced through the
Supp.No. 17 CD34:7
r
§34-95 CAPE CANAVERAL CODE
3
issuance of a code enforcement citation pursuant
to the procedure set forth in chapter 2 of this
Code.
(Code 1981, § 652.07)
Sec. 34-96. Standards established.
(a) Continued good appearance depends on the
extent and quality of maintenance. Maintenance
and upkeep are required for all the land improve-
ments within the city. Lawns and planting re-
quire considerably more periodic attention than
do buildings, nonetheless both require mainte-
nance in order to retain a good appearance.
(b) The owner of every single-family or multiple-
family dwelling, commercial or industrial prop-
erty or his appointed agent and any occupant,
operator, tenant or anyone otherwise using the
property in any form or manner shall be respon-
sible for maintaining the exterior in a clean,
sanitary and safe condition.All parts thereof shall
be maintained in good repair and shall be capable
of performing the function for which such struc-
ture or part of any feature thereof was designed or
intended to be used. C)
(c) Exterior property areas in the front yard
shall be free of clotheslines or other outside meth-
ods of drying clothing or other materials.
1
Supp.No. 17 CD34:8
ENVIRONMENT §34-153
subject to liens.Any action taken pursuant to this loud, disturbing and unnecessary noises in viola-
article in regard to the disposal, abatement or tion of this section,but the enumeration shall not
removal of the conditions herein declared public be deemed to be exclusive:
nuisances shall be considered cumulative and in (1) The sounding of any horn or other signal-
addition to penalties and other remedies provided ing device on any automobile, motorcycle
in this Code. or other motor vehicle on any street or in
(Code 1981, § 703.13) any public place within the city, except as
a danger warning; the creation by means
of such signaling device of any unreason-
Secs. 34-128-34-150. Reserved. ably loud or harsh sound and the sound-
ing of any such device for an unnecessary
ARTICLE V. NOISES and unreasonable period of time; the use
of any horn or other signaling device
operated by the engine exhaust of any
Sec. 34-151. Declaration of policy to pro- motor vehicle and the use of any such
hibit noise. horn or other signaling device when traf-
fic is for any reason held up.
It is declared to be the policy of the city to
permit-
prohibit unnecessary, (2) The playing,using or operating or ary,excessive and offensive noises ting to be played, operated or used any
from all sources subject to its police powers. The radio receiving set, musical instrument,
need for noise regulations is a matter of legisla- television set, phonograph or other ma-
tive determination and public policy, and this chine or device for the producing or repro-
_ article is adopted in pursuance of and for the ducing of sound in such a manner as to
purpose of securing and promoting the public disturb the peace,quiet and comfort of the
health,comfort,convenience,safety,welfare,peace neighboring residents at any time with
and quiet of the city and the people residing louder volume than is necessary for the
therein. convenient hearing of the person who is in
(Code 1981, § 711.01) the room, vehicle or immediate area in
which such machine or device is being
Sec. 34-152. Reserved. operated and who is a voluntary listener
Editor's note—Ord. No. 06-2007, § 3, adopted Oct. 16, thereto. The operation of any such radio
2007, deleted § 34-152, which pertained to penalties and receiving set, musical instrument, televi
derived from Code 1981,§711.25. sion set, phonograph or other machine or
device for producing or reproducing sound
between the hours of 11:00 p.m. and 7:00
Sec. 34-153. Enumeration of prohibited a.m. in such a manner as to be plainly
noises. audible at a distance of 100 feet from the
building, structure or vehicle in which it
It is unlawful for any person within the city to is located, shall be deemed prima facie
make, continue or cause to be made or continued evidence of a violation of this section.
any loud, unnecessary or unusual noise which
either annoys,disturbs or endangers the comfort, (3) The playing,using or operating or permit-
repose, health, peace or safety of others, and the ting to be played, used or operated any
following acts, among others, are declared to be radio receiving set, musical instrument,
phonograph, loudspeaker, sound ampli-
*Cross references—Code enforcement, § 2-246 et seq.; fier or other machine or device for the
animals,ch.14;streets,sidewalks and other public places,ch. producing or reproducing of sound which
66;traffic and vehicles,ch.74;buildings and building regula-
tions,ch. 82;zoning regulations,ch. 110. is cast upon the public streets for the
0 State law reference—Motor vehicle noise,F.S.§§316.293, purpose of commercial advertising or at-
tracting tracting the attention of the public to any
Supp.No. 17 CD34:13
xff
§34-153 CAPE CANAVERAL CODE
0
building or structure; provided, however, not be impaired by the erection,demolition,alter-
within the com- mercial zoned district, ation or repair of any building or the excavation of
the city manager may issue a permit to streets and highways between the hours of 7:00
allow certain of the such activities, sub- p.m. and 7:00 a.m. and during all hours of the
ject to conditions that would not materi- holidays listed in this subsection and if he further
ally disturb the tranquility of persons in determines that loss or inconvenience would re-
the vicinity. sult to any party in interest, he may grant per-
(4) Yelling, shouting, hooting, whistling or mission for such work to be done between the
hours of 7:00 p.m. and 7:00 a.m. and during all
singing on the public streets between the
hours of 11:00 p.m.and 7:00 a.m.or at any hours of the holidays listed in this subsection,
time or place so as to annoy or disturb the upon application made at the time the permit for
the work is awarded or during the progress of the
quiet, comfort or repose of persons in any
office, store or in any dwelling, hotel or work.
other type of residence. (b) Home repairs by occupants or home addi-
(5) The keeping of any animal or bird which, tions by occupants that do not exceed 500 square
by frequent or long-continued noise, shall feet shall be excluded from this article.
disturb the comfort or repose of persons in
the vicinity thereof. (c) The building official is empowered to issue
a stop work order for violation of this article and,
(6) The discharge into the open air of the upon repeated occurrences,may revoke the build-
exhaust of any engine, motor, motorboat ing permit of the violator.
or motor vehicle,except through a muffler (Code 1981, § 711.10)
or other device which will effectively pre-
vent loud,explosive and unnecessary noise
therefrom. Secs. 34-155-34-175. Reserved. Agl
(7) The use of any automobile, motorcycle or
other vehicle so out of repair, so loaded or ARTICLE VI. ABANDONED PROPERTY*
in such manner as to create loud and
unnecessary grating,grinding,rattling or
other noise. Sec. 34-176. Definitions.
(Code 1981, § 711.02) The following words, terms and phrases,when
Sec. 34-154. Construction noise. used in this article, shall have the meanings
ascribed to them in this section,except where the
(a) The construction, erection, including exca- context clearly indicates a different meaning:
vation, demolition, alteration or repair of any
building shall be permitted only between the Abandoned property means all tangible per-
hours of 7:00 a.m. and 7:00 p.m. Monday through sonal property which does not have an identifi-
Saturday. These activities shall be prohibited at able owner and which has been disposed of in a
all other times and also during all hours on New wrecked, inoperative or partially dismantled con-
Year's Day,Fourth of July,Labor Day,Thanksgiv- dition or which has no apparent intrinsic value to
ing Day and Christmas, except during urgent the rightful owner.Abandoned property shall in-
necessity in the interest of public health and dude, but not be limited to, motor vehicles, ma-
safety, and then only with a permit from the chinery, refrigerators,washing machines, plumb-
building official,which permit may be granted for ing fixtures, and furniture which have been left
a period not to exceed three days or less while the unprotected from the elements.
emergency continues and which permit may be *Cross references—Code enforcement, ch. 2, art. VI;
renewed for periods of three days or less while the solid waste,ch. 62;traffic and vehicles,ch. 74.
emergency continues. If the building official shall State law reference—Junked and abandoned property,
determine that the public health and safety will F.S.§705.101 et seq.
0
Supp.No. 17 CD34:14
ENVIRONMENT §34-176
0
Enforcement authority means the person des-
ignated by the city manager to enforce this arti-
cle, and his or her agents and designees.
0
C
Supp.No. 17 CD34:14.1
L"J
C
Now
ENVIRONMENT §34-211
removed and stored pursuant to this article is powers.The need for spill-over lighting regulation
liable to the city for the expenses incurred by it in is a matter of legislative determination and public
the removing, towing, storing or disposing of the policy and this article is adopted in pursuance of
abandoned property or inoperable motor vehicle. and for the purpose of securing and promoting the
In the event of the failure to pay such charges to public health, comfort, convenience, safety and
the city if the abandoned property or inoperable welfare of the city and the people residing therein.
motor vehicle is redeemed or if the disposition of (Code 1981, § 713.01)
the abandoned property or inoperable motor ve-
hicle fails to generate sufficient funds to cover the Sec. 34-208. Reserved.
costs of removing, towing, storage and disposi Editor's note—Ord. No. 06-2007, § 3, adopted Oct. 16,
tion, the person from whose private property 2007,deleted§34-208,which pertained to penalty and derived
abandoned property or inoperable motor vehicle from Code 1981,§713.11.
was removed shall pay to the city any costs
incurred; if these costs are not paid to the city Sec. 34-209. Spillover lighting standards es-
immediately upon redemption or within 60 days tablished.
upon sale, they shall constitute a lien on the Area floodlighting fixtures or other materials
private property for the amount of the costs, installed or provided within the corporate limits
which lien, upon proper recordation, may be fore-
closed in such a manner as other items are of the city, unless excepted elsewhere, shall be
installed in or equipped so that the light source
foreclosed according to general law.
(Ord. No. 7 93, § 1(610.19), 4-20-93) does not transmit excessive spillover beyond the
boundaries of the property on which the lighting
Secs. 34-189-34-205. Reserved. source is located.
(Code 1981, § 713.03)
ARTICLE VII. LIGHTS* Sec. 34-210. Exceptions.
Any lighting source emanating from a light
Sec. 34-206. Definitions. source which is owned by or under the control of
any federal, state, county or municipal unit of
The following words, terms and phrases,when
government or public utility shall be specifically
used in this article, shall have the meanings
ascribed to them in this section, except where the excepted from this article.
context clearly indicates a different meaning: (Code 1981, § 713.07)
Spillover lighting means spillover lighting in Sec. 34-211. Method of measurement.
excess of 0.2 footcandles greater than the existing In order to determine spillover lighting, the
light (i.e., moonlight) that transmits beyond the code enforcement officer shall measure the light
property boundary line. where the light first spills over the adjoining
(Code 1981, § 713.05) property by using a correctly calibrated light
Cross reference—Definitions and rules of construction
generally,§ 1-2. meter while pointing the light meter directly at
the source light. The light meter shall be cali-
Sec. 34-207. Policy established. brated in accordance with accepted recognized
standards.
It is declared to be the policy of the city to (Code 1981, § 713.09)
prohibit unnecessary,excessive and offensive spill-
over lighting from all sources subject to its police
*Cross references—Code enforcement, § 2-246 et seq.;
artificial light illumination restricted for the protection of sea
turtles, § 14-55; buildings and building regulations, ch. 82;
signs,ch.94;supplementary zoning district regulations,§110-
466 et seq.
Supp.No. 17 CD34:19
§34-211 CAPE CANAVERAL CODE
APPENDIX A
ANGLE OF PAD WITH DRIVING LANE SHALL ALLOW
FOR A STRAIGHT-LINE MANEUVERING DISTANCE
OF 55 FT.
SCREEN REQUIRED WITH
LOCKABLE GATES —MINIMUM
SWING 1800 (SCREEN TO
BE PLACED OUTSIDE OF
/
AND NOT ON,THE PAD)
6" PIPES FILLED WITH
x "v---- ,-,. ,..0' CONCRETE. 2 REQUIRED (TYP)
2 LANE I L
/
/
EXPANSION
... c i._—
J9INT
•
*INSIDE DIMENSION OF ENCLOSURE
...- /
..--
.....
1101111.11"P"
16—0"
EXPANSION JOINT—Nl, Li
3/6" REBAR— 12" O.C.E.W. * 7
SECTION
DUMPSTER PAD
(Ord. No. 17-98, § 2, 5-19-98)
Supp.No. 17 CD34:20
Chapter 58
PLANNING*
Article I. In General
Sec. 58-1. Notice requirements for amendments to future land use map.
Secs. 58-2--58-25. Reserved.
Article II. Planning and Zoning Board
Sec. 58-26. Reserved.
Sec. 58-27. Reserved.
Sec. 58-28. Reserved.
Sec. 58-29. Reserved.
Sec. 58-30. Reserved.
Sec. 58-31. Reserved.
Sec. 58-32. Reserved.
Sec. 58-33. Reserved.
Sec. 58-34. Reserved.
Sec. 58-35. Reserved.
Sec. 58-36. Reserved.
Secs. 58-37-58-55. Reserved.
Article III. Local Planning Agency
Sec. 58-56. Designation and establishment.
Sec. 58-57. Duties and responsibilities.
Sec. 58-58. Designation of agency, department, committee or person to pre-
pare comprehensive plan.
*Cross references—Community development,ch.22;environment,ch.34;concurrency management system,ch.86;floods,ch.
90; signs,ch. 94;subdivisions,ch. 98;vegetation,ch. 102;wetlands protection,§ 106-26 et seq.; zoning regulations,ch. 110;site
plans,§ 110-221 et seq.
Supp.No. 17 CD58:1
c
PLANNING §58-32
'441,010,-
ARTICLE I. IN GENERAL Secs. 58-2-58-25. Reserved.
Sec. 58-1. Notice requirement for amend-
ments to future land use map. ARTICLE II. PLANNING AND ZONING
BOARD*
In addition to any notice requirements pro-
vided by state law, all public hearings for future
land use map amendments shall be publicly no Sec. 58-26. Reserved.
ticed for at least 14 calendar days prior to the date Editor's note-Ord. No. 11-2005, § 2, adopted June 21,
of the hearing. Said notice shall include the 2005, deleted § 58-26, which pertained to established and
address or legal description of the subject prop- derived from Code 1981, § 257.01(C), (E), (F); and Ord. No.
erty, matter to be considered and the time, date 12-2003,§ 7,adopted July 1,2003.
and place of the hearing.The city shall post notice
of public hearings in the following manner: Sec. 58-27. Reserved.
(1) Posting the affected property. Editor's note-Ord. No. 12-2003, § 7, adopted July 1,
2003, deleted § 58-27, which pertained to qualifications and
(2) Posting at city hall and on the city's derived from Code 1981, § 257.02 and Ord. No. 52-93, § 1,
official website. adopted Jan.4, 1994.
(3) Notifying, by certified mail, all owners of
real property(including homeowner's and Sec. 58-28. Reserved.
condominium associations)adjacent to and Editor's note-Ord. No. 12-2003, § 7, adopted July 1,
within 500 feet of the subject property. 2003, deleted §58-28,which pertained to ex officio members
Applicants shall be solely responsible for and derived from Code 1981,§§257.03 and 257.04.
'"""" the costs incurred for notification under
this subsection.Further,unless otherwise Sec. 58-29. Reserved.
provided by law, notices required by this
subsection shall be provided as follows: Editor's note-Ord. No. 12-2003, § 7, adopted July 1,
2003, deleted§ 58-29,which pertained to conflict of interest
(A) Notice of small-scale future land use and derived from Code 1981,§257.05.
map amendments shall only be
mailed for the first public hearing
before each board required to con Sec. 58-30. Reserved.
duct a hearing on the small-scale Editor's note-Ord. No. 12-2003, § 7, adopted July 1,
future land use map amendment. 2003, deleted § 58-30, which pertained to rules of procedure
and derived from Code 1981,§257.06.
(B) Notice of large-scale future land use
map amendments shall be mailed at
least once before the land planning Sec. 58-31. Reserved.
agency hearing,the transmittal hear- Editor's note-Ord. No. 12-2003, § 7, adopted July 1,
ing and the adoption hearing on the 2003,deleted§58-31,which pertained to quorum and derived
large-scale future land use map from Code 1981,§257.07.
amendment.
(4) Notifying, by certified mail, the owner(s) Sec. 58-32. Reserved.
of the subject property for which the ap- Editor's note-Ord. No. 12-2003, § 7, adopted July 1,
plication is being made. 2003,deleted§58-32,which pertained to alternate members
and derived from Code 1981,§257.08.
The notice requirements set forth in subsec-
tions (1), (2), and (3) above are hereby deemed to *Charter reference-Zoning and planning board, art.
be courtesy notices. The failure to provide such XVI, §2.
Cross references-Boards,committees,commissions,§2-
courtesy notices shall not be a basis of appealing
171 et seq.;the beautification board shall coordinate activities
any decision made under this chapter. regarding landscaping, etc., with the planning and zoning
(Ord. No. 04-2008, § 2, 5-6-08) board, §2-185.
Supp.No. 17 CD58:3
§58-33 CAPE CANAVERAL CODE
Sec. 58-33. Reserved. partment, committee or person to prepare the
Editor's note—Ord. No. 12-2003, § 7, adopted July 1, comprehensive plan for the city or any element
2003,deleted§58-33,which pertained to minutes and derived thereof under the supervision and direction of the
from Code 1981,§257.09. local planning agency.
(Code 1981, § 261.03)
Sec. 58-34. Reserved.
Editor's note—Ord. No. 11-2005, § 2, adopted June 21,
2005,deleted § 58-34,which pertained to duties and derived
from Code 1981,§257.10.
Sec. 58-35. Reserved.
Editor's note—Ord. No. 17-2003, § 2, deleted § 58-35,
which pertained to master plan preparation and scope and
derived from Code 1981,§ 257.11.
Sec. 58-36. Reserved.
Editor's note—Ord. No. 11-2005, § 2, adopted June 21,
2005,deleted§58-36,which pertained to indebtedness.
Secs. 58-37-58-55. Reserved.
ARTICLE III. LOCAL PLANNING
AGENCY*
Sec. 58-56. Designation and establishment.
Pursuant to and in accordance with the provi-
sions of chapter 163, Florida Statutes, the plan-
ning and zoning board of the City of Cape
Canaveral, Florida is designated and established
as the local planning agency for the City of Cape
Canaveral,Florida and shall be referred to as the
local planning agency.
(Code 1981, § 261.01; Ord. No. 31-94, § 1, 8-2-94;
Ord. No. 7-99, § 1, 6-15-99)
Sec. 58-57. Duties and responsibilities.
The local planning agency shall perform such
duties as provided in accordance with the provi-
sions of F.S. §§ 163.3161-163.3211.
(Code 1981, § 261.02)
Sec. 58-58. Designation of agency, depart-
ment,committee or person to pre-
pare comprehensive plan.
The city council, in cooperation with the local
planning agency, may designate any agency, de-
*Cross reference—Boards,committees,commissions,§2-
171 et seq.
Supp.No. 17 CD58:4
TAXATION §70-42
thorized agent of the city shall have the right, the expenses incurred for the services of the city
power and authority to inspect the records and attorney in enforcing collection; provided, how-
make transcripts thereof during such times as he ever, that no seller shall be liable to the city for
may desire, provided that the right of inspection payment of any tax upon any uncollected bills.
shall be exercised, as far as possible, so as to not (Code 1981, § 541.13; Ord. No. 32-93, § 1(541.13),
interfere with the orderly arrangement and con- 10-5-93)
duct of the books and records of the seller.
(Code 1981, § 541.10; Ord. No. 32-93, § 1(541.11), Sec. 70-39. Discontinuance of utilities ser-
10-5-93) vice.
If any purchaser shall fail, neglect or refuse to
Sec. 70-37. Purchase of utilities service with-
out collecting tax. pay to the seller the seller's charge for the sale to
the purchaser of such utilities service and in
It shall be unlawful for any purchase of utili- addition thereto the tax imposed in this article on
ties service to be made without,at the same time, account of the purchase for which such charge is
collecting the tax levied in this article in respect made,or either,the seller shall be authorized and
to such purchase, unless such seller shall elect to is required to immediately discontinue the fur-
assume and pay such tax without collecting the ther sale or furnishing to any such purchaser of
tax from the purchaser. Any seller who shall fail any such utilities service until the tax and the
to collect such tax at the time of collecting the seller's charge shall have been paid in full.
price of any such purchase, where the seller has (Code 1981, § 541.14; Ord. No. 32-93, § 1(541.14),
not elected to assume and pay such tax, shall be 10-5-93)
liable to the city for the amount of such tax in like
manner as if the tax had been actually paid to the Sec. 70-40. Sale of utilities service without
seller. If the seller shall elect to assume and pay collection of tax.
such tax,he shall pay the same each month to the It shall be unlawful for any seller or any officer,
city in the same manner as if such seller had
agent or employee of any seller to collect the price
actually collected the tax from the purchaser.
(Code 1981, § 541.12; Ord. No. 32-93, § 1(541.12), to be received by the seller for the sale of any
10-5-93) utilities service without,at the same time,collect-
ing the tax levied in this article in respect to the
Sec. 70-38. Failure to pay taxes collected. purchase of such utilities service.
(Code 1981, § 541.15; Ord. No. 32-93, § 1(541.15),
If any seller shall fail to pay any utilities 10-5-93)
service taxes collected or assumed by him within
ten days after he shall be required to pay the Sec. 70-41. Payment of utilities service with-
taxes to the city,he shall be liable to and shall pay out payment of tax.
in addition to the tax a penalty equal to one It shall be unlawful for any purchaser to pay to
percent per day for each day the payment shall be any seller the price charged by such seller for the
in default after the first ten days. If any seller purchase of utilities service without, at the same
shall be in default for more than ten days,the city time and in the same transaction, paying to the
treasurer shall be authorized and empowered and seller the tax levied in this article on such pur-
he is directed to certify the fact of such default to chase,unless the seller has elected to assume and
the city attorney, and thereupon the city attorney pay such tax.
shall be directed to enforce payment from such
seller of the amount of such tax due to the city by (Code 1981, § 541.16; Ord. No. 32-93, § 1(541.16),
action at law or suit in equity. If the tax shall be 10-5-93)
collected by action or suit, the seller shall pay, as Sec. 70-42. Failure to pay tax.
an additional penalty, such reasonable attorney's
fees as may be fixed by the court in which such Any purchaser who shall fail to pay the tax
action or suit is brought to reimburse the city for imposed in this article at the same time and in the
Supp.No. 17 CD70:5
§ 70-42 CAPE CANAVERAL CODE
same transaction with the payment to the seller ARTICLE III. LOCAL BUSINESS TAX*
of the utilities service purchased shall be liable to
the city for a penalty equal to one percent of the Sec. 70-66. Definitions.
total charge for the utilities service for each day of
the default, which penalty shall be collected by The following words,terms and phrases,when
the seller and paid over to the city. If any seller used in this article, shall have the meanings
shall discontinue the service of a purchaser be- ascribed to them in this section,except where the
cause of the nonpayment of the tax, it shall be context clearly indicates a different meaning:
unlawful to restore such service until the tax and
penalty shall have been paid in full. Business license official means the official
(Code 1981, § 541.17; Ord. No. 32-93, § 1(541.17), charged with the administration and enforcement
10-5-93) of this chapter,as designated by the city manager.
Business, profession and occupation do not
Sec. 70-43. Penalty. include the customary religious, charitable or
educational activities of nonprofit religious, non-
Any seller or officer, agent or employee of any profit charitable and nonprofit educational insti-
seller or any purchaser or any officer, agent or tutions in this state, which institutions are more
employee of any purchaser who shall violate sec- particularly defined and limited as follows:
tions 70-37, 70-40, 70-41 and 70-42 shall, upon
conviction, be punished pursuant to section 1-15. (1) Religious institutions means churches and
(Code 1981, § 541.18; Ord.No. 32-93, § 1(541.18), ecclesiastical or denominational organiza-
10-5-93) tions or established physical places for
worship in this state at which nonprofit
Sec. 70-44. Appropriation of revenue. religious services and activities are regu-
larly conducted and carried on and also
All revenues received,collected or derived from means church cemeteries.
the taxes levied by this article shall be paid by the (2) Educational institutions means state tax-
sellers to the city treasurer and shall be held and supported or parochial, church and non-
used and considered appropriated for all legal profit schools,colleges or universities con-
corporate purposes, including the payment of ducting regular classes and courses of
revenue obligations for sanitary sewer purposes. study required for accreditation by or mem-
(Code 1981, § 541.20; Ord. No. 32-93, § 1(541.19), bership in the Southern Association of
10-5-93) Colleges and Secondary Schools, the de-
partment of education or the Florida Coun-
Sec. 70-45. Continuance of tax and appropri- cil of Independent Schools. Nonprofit li-
ation. *Editor's note—Ord. No. 02-2007, § 2, adopted Feb. 20,
2007, amended the title of art. III to read as herein set out.
The tax levied in this article shall be a continu- Formerly,art.III was titled"Occupational License Tax."
ing tax, and the appropriation made of the pro- Ord.No.25-94,§1,adopted July 28,1994,repealed former
ceeds of such tax shall be a continuing appropri- Art.III,§§70-66-70-88,relative to occupational license tax,
and enacted a new Art.III,§§70-66-70-89 to read as herein
ation, so long as all of the revenue obligations
set out.The provisions of former Art.III derived from Code of
mentioned in section 70-44 shall be outstanding 1981,§§721.01,721.03,721.05,721.11,721.13,721.15,721.17,
or until provision for the full payment thereof 721.19,721.27,721.29,721.31,721.33,721.35,721.37,721.38,
shall have been made. 721.39, 721.40, 721.41, 721.43, 721.45, 721.47, 721.49 and
(Code 1981, § 541.21; Ord. No. 32-93, § 1(541.20), 721.53.
10-5-93) Cross references—Code enforcement,ch.2,art.VI;adult
entertainment, § 10-86 et seq.; businesses, ch. 16; home
occupations,§ 110-521 et seq.
State law reference—Occupational license tax, F.S. ch.
Secs. 70-46-70-65. Reserved. 205.
Supp.No. 17 CD70:6
TAXATION §70-66
braries, art galleries and museums open work of erecting any one of such buildings, shall
to the public are defined as educational be deemed to be a contractor if he or she shall
institutions and eligible for exemption. build more than one house in any one year.
(3) Charitable institutions means only non- Employee means any person who engages in
profit corporations operating physical fa- any business, profession or occupation under any
cilities in this state at which are provided appointment, agency, contract of hire or appren-
ticeship, express or implied, oral or written.
charitable services, a reasonable percent-
age of which shall be without cost to those Merchandise means any goods,wares,commod-
unable to pay. ities or items which are bought, sold, rented or
leased in the normal course of business or trade.
Contractor means any person accepting or of-
fering to accept orders or contracts for doing any Merchant means any person engaged in the
work on or in any building or structure requiring business of selling merchandise at retail or whole-
the use of building materials or accepting or sale. The term "merchant" shall not include the
offering to accept orders or contracts to do any operators of bulk plants or service stations engag-
paving or curbing on sidewalks or streets on ing principally in the sale of gasoline and other
public or private property requiring the use of petroleum products;those conducting distress sales;
appropriate material of any composition; accept- installation contractors; milk and dairy products
ing or offering to accept orders or contracts to distributors; sellers of motor vehicles; peddlers of
excavate earth, rock or material for foundations fuel oil, gasoline, LP gas, or produce; and opera-
or any other purpose; accepting or offering to tors of restaurants, cafes, cafeterias, caterers or
accept orders or contracts to construct any sewer hotels.
of appropriate material or other material; accept Merchant, retail, means any merchant who
ing or offering to accept orders or contracts for sells to the consumer for any purpose other than
building, remodeling, repairing, wrecking, razing resale.
or demolishing any structure or for moving any
building or for the installation, maintenance or Merchant,wholesale, means any merchant who
repair of neon signs,air conditioning apparatus or sells to another for the purpose of resale. Sales to
equipment, whether such work is done or offered governmental entities shall be considered whole-
to be done by day labor, general contract or sale sales.
subcontract. Every person engaging in the busi-
ness of accepting or offering to accept orders for Number of employees means,in those instances
contracts for doing any work on or in any building in this article wherein the local business tax is
or premises involving erecting, installing, alter- based upon full or part-time "number of employ
ing, repairing, servicing or maintaining electric ees it shall mean the average daily number of
full- or part-time employees during the past cal
wiring, devices or appliances permanently con-
nected to such wiring or the erecting,repairing or endar year that were employed in the business on
maintaining of lines shall be deemed to be an an average business day.A new business shall be
electrical contractor. Every person engaged in the based on number of full or part-time employees
on opening day. All principals in the business
business of plumber or steamfitter shall be deemed shall be deemed as employees and shall be in-
to be a contractor. Every person engaged in the cluded in the calculation.
business of erecting a building or buildings for the
purpose of selling or renting the building and Person means any individual, firm, partner-
making no contract with a duly licensed contrac- ship,joint adventure, syndicate or other group or
tor for the erection of such building, whether or combination acting as a unit, association, corpo-
not such person contracts with one or more duly ration,estate,trust,business trust,trustee, exec-
()
contractors for one or more portions but utor, administrator, receiver or other fiduciary,
does not contract with any one person for all the and includes the plural as well as the singular.
Supp.No. 17 CD70:7
.
§ 70-66 CAPE CANAVERAL CODE
0
Sale means the transfer of ownership or title or or solicit or advertise the performance of services
possession, transfer, exchange or barter, whether for any of the businesses, professions or occupa-
conditional or otherwise, for a consideration. tions mentioned in this article shall first procure
(Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, a local business tax receipt from the city and
§ 2, 2-20-07; Ord. No. 07-2008, § 2, 7-1-08) shall, upon procuring the receipt and before the
Cross reference—Definitions and rules of construction issuance of the receipt, pay the amount of local
generally,§1-2. business tax required as provided in section 70-
89.
Sec. 70-67. Levied. (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007,
A local business tax is hereby levied for the § 2, 2-20-07)
privilege of engaging in or managing any busi- Sec. 70-70. Form,signing of receipts;report
ness, profession or occupation within the city. of information.
Such local business tax is levied on any person
who: (a) The business license official shall prescribe
the form of all local business tax receipts and
(1) Maintains a permanent business location applications therefor, and, except as otherwise
or branch office within the city for the provided by ordinance,all receipts shall be signed
privilege of engaging in or managing any by the business license official and shall be in-
business in the city. valid for all purposes unless so signed.
(2) Maintains a permanent business location (b) Each person required to pay a local busi-
or branch office within the city for the ness tax shall report under oath to the business
privilege of engaging in or managing any license official all information necessary for a
profession or occupation within the city. proper determination of the local business tax due
(3) Does not qualify under subsection(1) and for each classification to which he or she is sub3
-
who transacts any business or engages in ject, including the number of employees, size or
any occupation or profession in interstate average inventory of stock on hand. The business
commerce,if such local business tax is not license official is authorized to prepare interrog-
atories to furnish forms for filing of the reports to
prohibited by section 8 of article I of the
United States Constitution. obtain the information necessary to determine
(Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, the proper local business tax due. The business
§; 2, 2-20-07) license official is further authorized to make such
investigation and inspection of each place of busi-
Sec. 70-68. Violation; penalty. ness and those records pertaining to those taxes
due under this article.
(a) Each day of sale or disposal of merchandise (c) Any person who is both a wholesale and
or engaging in a business or occupation without retail merchant is required to make separate
complying with this article shall constitute a reports for the wholesale business and for the
separate and distinct violation of this article. retail business and to obtain receipts accordingly;
(b) Any person violating this article shall,upon however, any retail merchant who desires to do a
conviction, be punished as provided in section wholesale business may elect to do such whole-
1-15. sale business under his or her retail receipt by
(Ord. No. 25-94, § 1, 7-28-94) paying a local business tax based on both the
retail and wholesale business at the retail rate.
Sec. 70-69. Receipt required;payment of tax (Ord. No. 25 94, § 1, 7-28-94; Ord. No. 02-2007,
prerequisite to issuance. § 2, 2-20-07; Ord. No. 07-2008, § 2, 7-1-08)
Each person who shall engage in, transact or Sec. 70-71. Engaging in business without
manage or be the agent for any business or who paying tax or making reports.
shall perform or offer to perform services or sell It shall be unlawful for any person to exercise
0
goods,advertise goods for sale or perform services any of the privileges or to carry on or engage in or
Supp.No. 17 CD70:8
TAXATION § 40-77
conduct any of the businesses, occupations or or agent after April 1 of the following year, 75
professions specifically enumerated in this article percent of the tax for one year shall be paid and
without paying the local business tax required by shall be reduced by an additional five percent per
this article in the manner provided in this article month for each month thereafter for businesses,
or to fail to make any reports to the business occupations or agents which open or start after
license official as required or to violate any other April, but before October, unless otherwise pro-
section of this article. vided in this article.
(Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007,
§ 2, 2-20-07; Ord. No. 07-2008, § 2, 7-1-08) § 2, 2-20-07; Ord. No. 07-2008, § 2, 7-1-08)
State law reference—Similar provisions,F.S.§205.053(1).
Sec. 70-72. Evidence of engaging in busi-
ness.
Sec. 70-75. Penalty for failure to obtain or
The advertisement of any business, profession renew receipt.
or occupation, by sign, newspaper, magazine, fly-
ers, yellow pages or any other means shall be (a) Any person who engages in or manages any
conclusive evidence of the engaging in and carry- business, occupation or profession without first
ing on in the city of the business, profession or obtaining a receipt required under this article is
occupation so advertised. subject to the penalty stated in F.S. § 205.053(2),
(Ord. No. 25-94, § 1, 7-28-94) or any successor statute.
Sec. 70-73. False statement in receipt appli- (b) Any person who engages in any business,
cation. occupation or profession covered by this article
It is unlawful for any person to make a state- who does not pay the required local business tax
ment showingvalue of inventorywithin 150 days after the initial notice of tax due
in an amount and who does not obtain the required local busi-
less than the true amount thereof in his or her ness tax receipt is subject to the civil action,
application for a local business tax receipt or to enalties costs and attorne s' fees
knowingly make a false statement as to any other p Y provided in
condition or factor upon which the local business F.S. § 205.053(3), or any successor statute.
tax is or shall be based, the effect of which would (Ord. No. 25 94, § 1, 7-28-94; Ord. No. 02 2007,
be to reduce the amount of such tax. § 2, 2-20-07)
(Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007,
§ 2, 2-20-07) Sec. 70-76. Delinquencies.
Sec. 70-74. Receipt year; tax payment date; Each receipt not renewed when due and pay-
term of receipt;proration of tax. able shall be considered delinquent and subject to
the maximum penalty provided in F.S.§205.053(1),
The receipt year for all local business tax or any successor statute. Nothing in this section,
receipts shall begin October 1 of each year and however, shall be construed to prevent the impo-
shall expire on September 30 of the succeeding sition of a fine or imprisonment or both, upon
year. All such receipts shall be issued by the conviction for violation of this article.
business license official beginning August 1 of
each year upon receipt of the appropriate local (Ord. No. 25 94, § 1, 7-28-94; Ord. No. 02 2007,
business tax, and such tax shall be due and § 2, 2-20-07)
payable on September 30 of each year. If Septem-
ber 30 falls on a holiday or a weekend, the tax Sec. 70-77. Separate receipt required for
shall be due and payable on or before the first each place of business.
working day following September 30. No receipt
shall be issued for more than one year. For each A separate receipt shall be obtained for each
444116.01 receipt obtained by any new business, occupation place of business conducted, operated, main-
Supp. No. 17 CD70:9
§70-77 CAPE CANAVERAL CODE
`remil0
tamed or carried on by every person engaged in such transfer. Such transfer of receipt approved
any occupation, trade or enterprise for which a by the business license official will be made only
receipt is required by this article. after payment to the city of a fee up to ten percent
(Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, of the annual local business tax,but not less than
§ 2, 2-20-07) $3.00 nor more than $25.00.
(b) No local business tax receipt issued to a
Sec. 70-78. Multiple receipts. general contractor or subcontractor may be as-
Except as otherwise stated in this article, if signed or transferred from one person to another.
any person engaged in a business, occupation or (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007,
profession at one location or place of business is § 2, 2-20-07; Ord. No. 07-2008, § 2, 7-1-08)
State law reference-Similar provisions,F.S.§205.043(2),
required in the operation of such business, occu-
pation or profession under this article to have (3)'
more than one receipt and to pay more than one Sec. 70-82. Refunds.
local business tax, the person shall pay in full all
local business taxes so required. Taxes prescribed by this article shall in no case
be refunded.
Whenever any business, occupation or profes- (Ord. No. 25-94, § 1, 7-28-94)
sion shall fall into more than one of the classifi-
cations contained in the schedule set forth in this Sec. 70-83. Exemptions.
article, such occupation, business or profession
shall be required to comply with the receipt The exemptions required in F.S. ch. 205 are
requirements and to pay the local business tax incorporated in this article by reference.
imposed under or pertaining to each classification (Ord. No. 25-94, § 1, 7-28-94)
ANN
or privilege.
(Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, Sec. 70-84. Insurance.
§ 2, 2-20-07) The following applicants for a local business
tax receipt are required to present the city with a
Sec. 70-79. Preservation, display of receipt. certificate showing insurance coverage for gen-
All local business tax receipts granted by the eral tort liability in an amount of not less than
city shall be carefully preserved and shall be $100,000.00 to any one person, $300,000.00 for
displayed in a conspicuous place in the place of any one accident and $25,000.00 property dam-
business authorized to be conducted by the re-
ceipt. (1) Automobile rental agencies.
(Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, (2) Amusement rides.
§ 2, 2-20-07)
(3) Carnivals.
Sec. 70-80. Issuance of duplicate. (4) Circuses.
Duplicate local business tax receipts may be (5) Riding devices.
issued by the business license official. A fee of (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007,
$10.00 will be assessed for each duplicate receipt § 2, 2-20-07)
issued.
(Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, Sec. 70-85. Special requirements for contrac-
§ 2, 2-20-07; Ord. No. 07-2008, § 2, 7-1-08) tors and subcontractors.
Sec. 70-81. Transfer of receipt. (a) All contractors and subcontractors shall be
required to furnish a bond in the amount of
(a) Receipts may be transferred from one loca- $1,000.00 payable to the city prior to the issuance
tion to another, provided that the receipt is pre- of a local business tax receipt as provided in F.S.
sented to the building department for approval of § 489.131(3)(e).
Supp.No. 17 CD70:10
TAXATION §70-89
(b) No local business tax receipt shall be is- Sec. 70-89. Schedule of rates.
sued to any contractor, general or otherwise,
unless the applicant shall first present to the city SERVICE-ORIENTED BUSINESSES
a certificate showing the applicant to be insured
for general tort liability in the amount of not less In addition to the posted local business tax
than $100,000.00 to any one person, $300,000.00 receipt below, the following supplemental sched
for any one accident and $25,000.00 for property ule applies to all service-oriented business. The
damage. total license fee, therefore, is equal to the fee
(Ord. No. 25 94, § 1, 7-28-94; Ord. No. 02-2007, noted in this supplemental schedule. For exam-
§ 2, 2-20-07)
ple, the fee for an accounting firm with seven
employees is $93.75 ($75.00 base plus a 25-
percent supplemental fee of$18.75 = total fee of
Sec. 70-86. Records of issued receipts. $93.75). In no event however, shall the total
license fee in effect on the day prior to the
The business license official shall keep an effective date of the enactment of the ordinance
accurate and thorough record of all local business from which this article derives be increased in
tax receipts issued, showing the nature of the amounts greater than the amounts of increase
receipt, its date, expiration and to whom issued. permitted by section 8, chapter 93-180, Laws of
(Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, Florida.
§ 2, 2-20-07; Ord. No. 07-2008, § 2, 7-1-08) Supplemental Sched-
ule
Sec. 70-87. Records of receipts. (Number of Employees) Total Receipt Fee Due
Every person engaging or continuing in the city 5 or less Base fee only
any business or exercising any privilege subject to 6 to 25 Base + 25%
a local business tax shall keep and preserve 26 to 50 Base + 50%
suitable records of the average annual inventory 51 to 100 Base + 75%
of stock on hand, records sufficient to show the More than 100 Base + 100%
number of employees and a record of all goods and
Category
merchandise purchased or received for resale. g Base Fee
Every such person shall keep and preserve, for a Accountant/auditor/CPA/bookkeeper $ 75.00
period of two years, all invoices of goods and
merchandise purchased or received for resale and Advertising/marketing/public rela-
the employment records of all employees and tions 75.00
shall furnish such records to the business license Animal care/grooming/boarding
official for inspection upon request. 75.00
(Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, Apparel service center(includes tai-
§ 2, 2-20-07; Ord. No. 07-2008, § 2, 7-1-08) lor, alterations, shoe repair and
dry cleaning and laundry drop off
Sec. 70-88. Local business tax for businesses station) 50.00
not otherwise designated. Auctioneers 75.00
Every business, occupation, profession or exhi- Automobile/motor vehicle/boat/RV
bition engaged in by any person not specifically storage (for impound or repair) 125.00
designated in section 70-89 shall be subject to a
local business tax as specifically cited in the "not Automobile/motor vehicle/boat/RV
otherwise classified"category within each section. storage (not for impound or re
A"'*"•° (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007,
pair) 75.00
§ 2, 2-20-07) Automobile wreckers 50.00
Supp. No. 17 CD70:11
§70-89 CAPE CANAVERAL CODE
0
Category Base Fee Category Base Fee
Banks,including S&Ls,credit unions Graphics/printing 75.00
and full service banks 250.00 Gunsmith 50.00
Bondsman 75.00 Hospital 250.00
Brokerage houses/investment corn- Instructional centers 75.00
panies 125.00
Insurance companies 75.00
Business office renting or leasing . . 75.00
Introduction service 125.00
Business service center(includes fax
service, shipping/packing, notary, Laboratory (scientific or medical) 125.00
mail boxes, clerical support and
associated services) 50.00 Landscaping/lawn service/tree ser-
vice 50.00
Car wash 50.00 75.00
Laundromat
Catering 50.00 75.00
Legal services
City directory 75.00
Licensed child care 50.00
Clairvoyant/astrologistlpalmist/chan Licensed massage therapist 75.00
nelor/unlicensed hypnotist 75.00
Cleaning/janitorial services 50.00 Medical services 75.00
Cold storage/bulk storage/commer Medical transport 75.00
cial storage 75.00 News bureau 75.00
Credit/claim/collection agency 75.00 Nursing home 250.00
Data processing/computer services . 75.00 Other professional services(includes
Decorator 50.00 engineers,consultants,architects) 75.00
Delivery service 50.00 Paint/body shop 75.00
Detective agency 75.00 Personal grooming centers (includes
75.00 barbershops, beauty centers and
Diet center associated services) 50.00
Dry cleaning/laundry plant 50.00
Photographer 50.00
Eating places 50.00 Real estate 75.00
Electronics repair 50.00
Rent-to-own 50.00
Employment agency 75.00 Rental boats and water sports 50.00
Exterminator (licensed) 50.00 Rental car 75.00
Finance company 250.00 Rental equipment 50.00
Financial agents (includes financial Rental truck and trailer 75.00
planners, mortgage brokers, loan
brokers, security dealers) 75.00 Rug and carpet cleaner 50.00
Fitness centers 125.00 Security agency 75.00
Funeral home 125.00 Septic and sewer cleaning service . . 75.00 ...0
Garage/auto and truck repair 75.00 Shipping and delivery company . . . . 75.00
Supp.No. 17 CD70:12
TAXATION § 70-89
0
Category Base Fee
Signage companies 50.00
Specialty transportation services(in-
cludes limousine services and shut-
tles) 93.75
Taxi company(see city Code of Ordi-
nances, chapter 80, Vehicles for
0
Supp. No. 17 CD70:12.1
0
0
0
CONCURRENCY MANAGEMENT SYSTEM §86-3
0
Level-of-service standard means the minimum Vested right means the entitlement to develop
threshold of service for a public facility below enjoyed by a project because of the fact that the
which the level of service should not be allowed to city issued a development order or permit for the
deteriorate without triggering restrictions on new project prior to the effective date of the ordinance
development. from which this section is derived. Such a project
Major project means any project which is ei- is not required to meet the concurrency require-
ther: ments of this chapter, unless the project is signif-
icantly changed in terms of its density, intensity
(1) A development of regional impact; or facility impact subsequent to such effective
(2) A residential development of 250 or more date,in which case it will lose its vested right and
dwelling units; or be obliged to undergo a review under this chapter.
(Code 1981, § 662.03)
(3) A commercial or industrial development Cross reference—Definitions and rules of construction
of more than 50,000 square feet of gross generally,§ 1-2.
building area. Sec. 86-3. Appeals.
Open space means a primarily undeveloped (a) Except as otherwise provided in this Code,
tract of land, whether public or private, which is appeals from the decisions of the building official,
both suitable and available principally for passive concurrency manager, or planning and zoning
recreation or conservation uses, regardless of board making determinations under this chapter,
whether or not such land is actually put to such including, but not limited to, a finding of concur-
uses. By definition, the term "open space" does rency deficiency, refusal to issue a concurrency
not encompass the meaning of the term "park." compliance certification, project impact determi-
Park means a tract of land which has been nation, refusal to issue a building permit, etc.,
officially designated as such and which is either shall be taken before the board of adjustment.
developed or scheduled to be developed for prima- Any such appeal must be filed in writing with the
rily active recreation uses.By definition,the term city clerk within 20 days of rendition of the
"park" does not encompass the meaning of the decision in question, and the reasons for such
term "open space." appeal shall be set forth therein. The city clerk
shall arrange for an appeal hearing before the
Project completion means the issuance of the board of adjustment,and the clerk shall notify the
final certificate of occupancy for a project. appellant in writing of the date,time and place of
Rendition means the issuance of a written the hearing.
determination, under the concurrency manage- (b) The appellant shall have the burden of
ment system,by the building official,concurrency affirmatively demonstrating that the decision of
manager, city council or planning and zoning the city official was in error. Such official shall
board, the date of execution of which shall be have the opportunity to present information and
presumed to be the date affixed to such document. argument to support his decision.
This document shall be filed with the city clerk on (c) The board of adjustment shall base its
the same date as issued. decision on the requirements of the city's land
Total traffic means the traffic count during the development regulations. The board shall make
buildout period of a project. It consists of the sum its decision based upon its usual voting proce
of existing traffic, traffic to be generated by the dures. The decision shall be issued in writing
project minus captured trips, and background stating the reasoning involved, and it shall be
traffic. rendered within 60 days of the close of the hear-
ing. The decision of the board of adjustment may
Trip generation standards means the guide- be appeal to the city council pursuant to section
lines contained in the document entitled "Trip 110-33 of this Code.
0 Generation, 4th Edition," prepared by ITE in (Code 1981, § 662.07; Ord. No. 07 2007, § 4,
1987 and as amended. 12-4-07)
Supp.No. 17 CD86:5
§86-4 CAPE CANAVERAL CODE
0
Sec. 86-4. Responsibility for decision mak- (2) The name,address and telephone number
ing in concurrency evaluation. of the applicant.
Although the city manager, in his capacity as (3) A legal description of the property.
concurrency manager,has basic oversight respon- (4) The size of the property in square feet.
sibility for the concurrency management system, (5) The proposed project's capacity need for
the immediate authority for making a concur water, sewer, transportation, parks and
rency evaluation and finding and the issuance of recreation, drainage and solid waste ser-
a concurrency compliance certification shall rest vices. Total need shall be shown, as well
with the building official; however, his determi- as a breakdown of need for each phase or
nations on these matters shall be reviewed by the stage of the project. If capacity has been
concurrency manager. City officials may obtain reserved, the applicant shall furnish a
assistance, opinions and recommendations from capacity reservation certificate from the
qualified professional engineers and planners in provider; this certificate shall state the
reviewing and evaluating projects for concurrency amount of capacity reserved, the period
purposes. The planning and zoning board shall for which capacity is reserved and the
follow its usual review procedures for develop beginning and ending dates for the reser-
ment proposals, except that any final approvals vation.
shall be contingent upon the issuance of a concur-
rency compliance certification by the building (6) If access to the project is from a state
official. roadway, the applicant must furnish a
(Code 1981, § 662.05(A)) statement from the state department of
transportation stating that access will be
0
Sec. 86-5. Application for concurrency eval- approved upon submittal of appropriate
uation. engineering and design exhibits for a drive-
way permit.
Any person applying for approval of a site plan, (7) The specific use.
subdivision plat or building permit shall simulta (8) The square footage or number of units for
neously request and the application shall trigger
a concurrency evaluation of the proposed project, each use.
unless a separate application for concurrency (9) If a subdivision, the number and type of
evaluation of the project has previously been units for each phase.
submitted. No development application shall be (Code 1981, § 662.05(B))
approved unless and until a concurrency evalua-
tion has been made of the proposal and the Sec. 86-6. Criteria for evaluation of levels of
building official has made a finding of nondeficiency service of public facilities.
and issued a concurrency compliance certification The following criteria shall be used to deter-
for it. Any application for a development permit mine whether the levels of service of the various
must be consistent with the information on which public facilities are adequate to support the see-
the concurrency evaluation is based. If the appli cific impacts of the proposed development:
cant increases the intensity or density of the
project during any stage in the development ap- (1) Building permits of insignificant impact.
proval process,a new concurrency evaluation will Certain types of property improvements
be required.Any person requesting a concurrency requiring the issuance of a building per-
evaluation shall submit the following information mit shall be presumed to have an insig-
to the building official, on a form provided by the nificant
city, and pay a review fee as set forth in appendix
B to this Code:
(1) The name,address and telephone number
0
of the property owner.
Supp.No. 17 CD86:6
FLOODS §90-50
tiguous to the site or floodproofing certi- (c) Any person aggrieved by the decision of the
fication after the lowest floor is com- zoning board of adjustment or any taxpayer may
pleted, or in instances where the struc- appeal such decision to the city council pursuant
ture is subject to the regulations applicable to section 110-33 of this Code.
to coastal high hazard areas, after place-
ment of the horizontal structural mem- (d) Variances may be issued for the repair or
bers of the lowest floor.Upon placement of rehabilitation of historic structures upon a deter-
the lowest floor, or floodproofing by what- urination that the proposed repair or rehabilita
ever construction means, or upon place- tion will not preclude the structure's continued
ment of the horizontal structural mem designation as a historic structure and the vari-
bers of the lowest floor, whichever is ance is the minimum to preserve the historic
applicable, it shall be the duty of the character and design of the structure.
permit holder to submit to the building (e) In passing upon such application, the zon-
official a certification of the elevation of ing board of adjustment shall consider all techni-
the lowest floor,floodproofed elevation,or cal evaluations,all relevant factors, all standards
the elevation of the lowest portion of the specified in other sections of this article and the
horizontal structural members of the low- following:
est floor,whichever is applicable,as built,
in relation to mean sea level. The certifi- (1) The danger that materials may be swept
cation shall be prepared by or under the onto other lands to the injury of others.
direct supervision of a registered land (2) The danger to life and property due to
surveyor or professional engineer and cer- flooding or erosion damage.
tified by same. When floodproofing is uti-
lized for a particular building, the certifi- (3) The susceptibility of the proposed facility
cation shall be prepared by or under the and its contents to flood damage and the
direct supervision of a professional engi effect of such damage on the individual
neer or architect and certified by same. owner.
Any work undertaken prior to submission (4) The importance of the services provided
of the certification shall be at the permit by the proposed facility to the community.
holder's risk. The building official shall
review the floor elevation survey data (5) The necessity of the facility to a water-
submitted. Deficiencies detected by such front location, for a functionally depen-
review shall be corrected by the permit dent facility.
holder immediately and prior to further (6) The availability of alternative locations,
progressive work being permitted to pro- not subject to flooding or erosion damage,
ceed. Failure to submit the survey or for the proposed use.
failure to make the corrections required (7) The compatibility of the proposed use
shall be cause to issue a stop work order with existing and anticipated develop
for the project. ment.
(Code 1981, § 624.20; Ord. No. 7-92, § 1(624.20),
7-21-92; Ord. No. 21-93, § 1, 7-6-93) (8) The relationship of the proposed use to
the comprehensive plan and floodplain
Sec. 90-50. Variance procedures.
management program for that area.
(a) The zoning board of adjustment shall hear
and decide appeals and requests for variances (9) The safety of access to the property in
from this article. times of flood for ordinary and emergency
(b) The zoning board of adjustment shall hear vehicles.
and decide appeals when it is alleged there is an (10) The expected heights, velocity, duration,
error in any requirement, decision or determina- rate of rise and sediment transport of the
tion made by the building official in the enforce floodwaters and the effects of wave action,
ment or administration of this article. if applicable, expected at the site.
Supp.No. 17 CD90:9
§90-50 CAPE CANAVERAL CODE
(11) The costs of providing governmental ser- commensurate with the increased risk
vices during and after flood conditions, resulting from the reduced lowest floor
including maintenance and repair of pub- elevation.
lic utilities and facilities such as sewer,
gas, electrical, water systems and streets (4) The building official shall maintain the
and bridges. records of all appeal actions and report
any variances to the Federal Emergency
(f) Upon consideration of the factors listed in Management Agency upon request.
subsection (e) of this section and the purposes of (Code 1981, § 624.22; Ord. No. 7-92, § 1(624.22),
this article, the zoning board of adjustment may 7-21-92; Ord. No. 07-2007, § 5, 12-4-07)
attach such conditions to the granting of vari-
ances as it deems necessary to further the pur-
poses of this article. Secs. 90-51-90-60. Reserved.
(g) Variances shall not be issued within any DIVISION 3. FLOOD HAZARD REDUCTION
designated floodway if any increase in flood levels
during the base flood discharge would result.
Sec. 90-61. General standards.
(h) Conditions for variances shall include the
following: In all areas of special flood hazard, the follow-
(1) Variances shall only be issued upon a ing shall apply:
determination that the variance is the
minimum necessary,considering the flood (1) New construction and substantial improve-
hazard, to afford relief and, for a histori ments shall be anchored to prevent flota
tion, collapse or lateral movement of the
cal building, a determination that the structure;
variance is the minimum necessary so as
not to destroy the historic character and (2) Manufactured homes shall be anchored to
design of the building. prevent flotation,collapse or lateral move-
(2) Variances shall only be issued upon: ment. Methods of anchoring may include
but are not limited to use of over-the-top
a. A showing of good and sufficient or frame ties to ground anchors. This
cause; standard shall be in addition to and con-
b. A determination that failure to grant sistent with applicable state require-
the variance would result in excep- ments for resisting wind forces;
tional hardship; and (3) New construction and substantial improve-
c. A determination that the granting of ments shall be constructed with materials
a variance will not result in in- and utility equipment resistant to flood
creased flood heights, additional damage;
threats to public safety, extraordi-
nary public expense, create nui- (4) New construction or substantial improve-
sance, cause fraud on or victimiza- ments shall be constructed by methods
tion of the public or conflict with and practices that minimize flood dam-
existing local laws or ordinances. age;
(3) Any applicant to whom a variance is (5) Electrical,heating,ventilation,plumbing,
granted shall be given written notice spec- air conditioning equipment and other ser-
ifying the difference between the base vice facilities shall be designed and lo-
flood elevation and the elevation to which cated to prevent water from entering or
the structure is to be built and stating accumulating within the components dur- "40e3
that the cost of flood insurance will be ing conditions of flooding;
Supp.No. 17 CD90:10
FLOODS §90-61
Lori
(6) New and replacement water supply sys-
tems shall be designed to minimize or
eliminate infiltration of floodwaters into
the system;
(7) New and replacement sanitary sewer sys-
tems shall be designed to minimize or
elim-
Supp. No. 17 CD90:10.1
n-~- -- -- -~- ~ ~ - ^ - - - - ' --
SUBDIVISIONS §98-35
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- Sec. 98-5. Appeals and arbitrations.
lege that is denied by the provisions of
this chapter to other lands or structures (a) Any person or persons jointly or severally
in the identical zoning classification; and aggrieved by any decision of the board of adjust
ment may appeal the decision to the city council
(4) Literal interpretation of the provisions of pursuant to section 110-33 of this Code.
these regulations would deprive the appli-
(b) The board of adjustment shall not rehear a
cant of rights commonly enjoyed by other variance once decided unless an error in substan-
properties in the identical zoning classifi-
tive or procedural law is found following the
cation under the provisions of this chap decision,or unless the board of adjustment makes
Nitapproiter and will constitute unnecessary and a finding based on a presentation by the applicant
undue hardship on the applicant; and that new evidence, not discoverable by the appli-
(5) The variance granted is the minimum cant prior to the initial hearing, is found. A
variance that will make possible the rea- different or more effective presentation or clarifi-
sonable use of the land,building or struc- cation of the same evidence or matters considered
ture; and at the initial hearing shall not be grounds for a
(6) The granting of the variance will be in rehearing before the board of adjustment.
harmony with the general intent and pur (Code 1981, § 503.25(B); Ord. No. 22-93,
pose of this chapter and such variance § 1(503.26(B)), 7-6-93; Ord. No. 07-2007, § 6,
will not be injurious to the area involved 12-4-07)
or otherwise detrimental to the public Sec. 98-6. Remedies.
welfare.
In addition to any other remedy the city may
In no case shall the planning and zoning board have at law or in equity, the city may seek
recommend the granting of a variance which will temporary and permanent injunctive relief to
result in a change of land use that would not be prevent or redress any violation of this chapter.
permitted in the applicable zoning classification. (Ord. No. 22-93, § 1(503.27), 7-6-93)
(e) Conditions. In recommending the greeting Secs. 98-7-98-30. Reserved.
of any variance, the planning and zoning board
may prescribe appropriate conditions and safe-
guards in conformity with this chapter and any ARTICLE II. PLATS
ordinance enacted by the city. The board of ad-
justment may also, as a condition of approval, DIVISION 1. GENERALLY
recommend compliance with any site plan or
other specification submitted by the applicant Secs. 98-31-98-35. Reserved.
Supp.No. 17 CD98:7
§98-36 CAPE CANAVERAL CODE
DIVISION 2. PREAPPLICATION posed facilities as indicated in the comprehensive
plan, and shall contain general information in-
Sec. 98-36. Submittal and review procedures. cluding, but not limited to, the following:
(a) In order to promote development of land (1) General information on the existing site
within the municipal boundaries of the city that is conditions, water management facilities,
harmonious with and otherwise in compliance soil conditions, floodplain data, topogra
with the comprehensive plan, surrounding devel phy, trees and vegetation, adjacent com-
opment and all applicable codes, applicants for munity facilities, utilities and surround
site plan approval are encouraged to utilize the ing property conditions.
preapplication conference and screening process (2) General description of the proposed devel-
available to all site plan applicants. The preap- opment including proposed number of lots,
plication screening and conferences are intended approximate lot width and depth, build-
to assist the applicant in becoming more aware of ing size and type. Proposed stages of de-
and, therefore, more likely to comply with guide- velopment,if appropriate,should be shown.
lines applicable to the project for which a site plan
will be submitted. However, the applicant is cau- (3) In sketch form, a plan showing the pro-
tioned that the preapplication screening process posed pattern of streets, lots and water
is not intended to be a substitute for the formal management facilities in relation to exist-
site plan submittal and review procedures.Nor is ing natural conditions of the site and its
it expected that the applicant can rely upon surroundings.
conditional approvals received during the preap- (Ord. No. 22-93, § 1(503.03), 7-6-93)
plication process as binding the city in any man-
ner during subsequent site plan submittal and Secs. 98-37-98-40. Reserved.
review procedures.
(b) Prior to the site plan submittal and review DIVISION 3. PRELIMINARY PLAT
procedures provided in section 110-221 et seq.,
the applicant is encouraged to confer with the Sec. 98-41. Information required.
building department in order to review a prelim-
inary checklist to assist the applicant in comply- (a) The following information shall be pro-
ing with certain requirements of the city Code. vided to the city a minimum of 30 days prior to the
The checklist, prepared by the building depart- meeting at which the subdivision preliminary
ment, will, at a minimum, familiarize the appli- plat will be reviewed by the planning and zoning
cant with state and city laws, regulations and board.
ordinances with which a site plan is expected to (1) Letter requesting review of the prelimi-
comply. This step does not require an application nary plat under this division.
fee nor the filing of a plat. While not mandatory,
the preapplication procedure, in order to be pro- (2) Location map,showing the site in relation
ductive,should be utilized approximately ten days to the existing community, including the
prior to formal site plan submittal by the appli- name of the development and its location
cant in accordance with the provisions of this and main traffic arteries.
article.
(3) Topographic map, showing the proposed
(c) The applicant will provide five copies of the layout of the streets, utilities, lots and
proposed sketch plan to the building department other features,including a north arrow,in
five days prior to the preapplication conference. relation to the existing conditions on a
topographic survey.
(d) The proposed sketch plan so provided shall
contain a location map showing the relationship (4) Preliminary plat, sufficiently completed
0
of the proposed subdivision to existing and pro- to be recorded, showing easements, etc.
Supp. No. 17 CD98:8
SUBDIVISIONS §98-41
0
(5) Other preliminary plans,consisting of pro-
files showing existing ground surfaces and
proposed street grades, including exten-
sions
0
C
Supp.No. 17 CD98:8.1
E
ZONING
Article VII. Districts
Division 1. Generally
Sec. 110-246. Official zoning map-Adopted.
Sec. 110-247. Same-Replacement.
Sec. 110-248. Rules for interpretation of district boundaries.
Sec. 110-249. Application of district requirements.
Sec. 110-250. Conformity.
Sec. 110-251. Structure height,maximum units,lot area,setbacks.
Sec. 110-252. Duplicate use of setbacks,open space,parking space.
Sec. 110-253. Reuse of area used for density calculations.
Sec. 110-254. Dimension or area reduction below minimum.
Sec. 110-255. Lot and street requirements for structures.
Sec. 110-256. Zoning classification of annexations.
Sec. 110-257. Unusual uses or uses not specifically permitted.
Secs. 110-258-110-270. Reserved.
Division 2. R-1 Low Density Residential District
Sec. 110-271. Intent.
Sec. 110-272. Principal uses and structures.
Sec. 110-273. Accessory uses and structures.
Sec. 110-274. Special exceptions permissible by board of adjustment.
Sec. 110-275. Prohibited uses and structures.
Sec. 110-276. Area and dimensions.
Sec. 110-277. Minimum setbacks.
Sec. 110-278. Offstreet parking and access.
fillSecs. 110-279-110-290. Reserved.
Division 3. R-2 Medium Density Residential District
Sec. 110-291. Intent.
Sec. 110-292. Principal uses and structures.
Sec. 110-293. Accessory uses and structures.
Sec. 110-294. Special exceptions permissible by board of adjustment.
Sec. 110-295. Prohibited uses and structures.
Sec. 110-296. Area and dimension.
Sec. 110-297. Minimum setbacks.
Sec. 110-298. Offstreet parking and access.
Secs. 110-299-110-310. Reserved.
Division 4. R-3 Medium Density Residential District
Sec. 110-311. Intent.
Sec. 110-312. Principal uses and structures.
Sec. 110-313. Accessory uses and structures.
Sec. 110-314. Special exceptions permissible by board of adjustment.
Sec. 110-315. Prohibited uses and structures.
Sec. 110-316. Area and dimensions.
Sec. 110-317. Minimum setbacks.
Sec. 110-318. Offstreet parking and access.
Sec. 110-319. Minimum breeze requirement.
Sec. 110-320. Dune crossovers required.
Sec. 110-321. Protection of public beach-end parking.
Secs. 110-322-110-330. Reserved.
Division 5. C-1 Low Density Commercial District
Sec. 110-331. Intent.
Supp.No. 17 CD110:3
CAPE CANAVERAL CODE
Sec. 110-332. Principal uses and structures.
Sec. 110-333. Accessory uses and structures.
Sec. 110-334. Special exceptions permissible by board of adjustment.
Sec. 110-335. Prohibited uses and structures.
Sec. 110-336. Area and dimensions.
Sec. 110-337. Minimum setbacks.
Sec. 110-338. Landscaping,screening and parking.
Sec. 110-339. Offstreet parking and access.
Secs. 110-340-110-350. Reserved.
Division 6. M-1 Light Industrial and Research and Development District
Sec. 110-351. Intent.
Sec. 110-352. Principal uses and structures.
Sec. 110-353. Accessory uses and structures.
Sec. 110-354. Special exceptions permissible by board of adjustment.
Sec. 110-355. Prohibited uses and structures.
Sec. 110-356. Area and dimensions.
Sec. 110-357. Minimum setbacks.
Sec. 110-358. Landscaping,screening and parking.
Sec. 110-359. Performance standards.
Sec. 110-360. Parking and loading.
Secs. 110-361-110-370. Reserved.
Division 7. Townhouses
Sec. 110-371. Permitted use.
Sec. 110-372. Area and dimensions.
Sec. 110-373. Minimum setbacks.
Sec. 110-374. Offstreet parking.
Sec. 110-375. Utilities.
Sec. 110-376. Reserved.
Sec. 110-377. Individually platted lots.
Sec. 110-378. Building permit.
Sec. 110-379. Development schedule.
Division 8. C-2 Commercial/Manufacturing District
Sec. 110-380. Intent.
Sec. 110-381. Principal uses and structures.
Sec. 110-382. Accessory uses and structures.
Sec. 110-383. Special exceptions permissible by the board of adjustment.
Sec. 110-384. Prohibited uses and structures.
Sec. 110-385. Area and dimensions.
Sec. 110-386. Minimum setbacks.
Sec. 110-387. Landscaping,screening and parking.
Sec. 110-388. Performance standards.
Sec. 110-389. Parking and loading.
Secs. 110-390-110-400. Reserved.
Article VIII. Residential Planned Unit Developments
Division 1. Generally
Sec. 110-401. Definitions.
Sec. 110-402. Purpose and intent.
Sec. 110-403. Permitted uses.
Sec. 110-404. Common open space,drainage systems,private roads and other
related common facilities.
Supp.No. 17 CD110:4
ZONING
Sec. 110-405. Physical review.
Sec. 110-406. Building permit.
Sec. 110-407. Bonding.
Sec. 110-408. Termination zone.
Sec. 110-409. Enforcement.
Secs. 110-410-110-420. Reserved.
Division 2. Development Plans
Sec. 110-421. Application.
Sec. 110-422. Procedure for receiving approval of preliminary development
plan and tentative zoning.
Sec. 110-423. Procedure for approval of final development plan.
Secs. 110-424-110-435. Reserved.
Division 3. Land Use Regulations
Sec. 110-436. Minimum size.
Sec. 110-437. Maximum density.
Sec. 110-438. Minimum common recreation and open space.
Sec. 110-439. Minimum lot area;frontage;setbacks;accessory uses.
Sec. 110-440. Maximum length of structures.
Sec. 110-441. Minimum floor area.
Sec. 110-442. Offstreet parking.
Sec. 110-443. Underground utilities.
Sec. 110-444. Development standards.
Sec. 110-445. Preservation of trees.
Secs. 110-446-110-465. Reserved.
Article IX. Supplementary District Regulations
Division 1. Generally
Sec. 110-466. Application of performance standards.
Sec. 110-467. Garage sales.
Sec. 110-468. Accessory structures.
Sec. 110-469. Visibility at intersections.
Sec. 110-470. Fences,walls and hedges.
Sec. 110-471. Exceptions to height regulations.
Sec. 110-472. Access.
Sec. 110-473. Minimum width of courts.
Sec. 110-474. Water areas.
Sec. 110-475. Sidewalks required.
Sec. 110-476. Dedicated public land.
Sec. 110-477. Dedicated public easement.
Sec. 110-478. Residential use antennas/satellite dishes.
Sec. 110-479. Sewage disposal.
Sec. 110-480. Atomic energy uses.
Sec. 110-481. Building required for commercial uses.
Sec. 110-482. Underground utilities required.
Sec. 110-483. Wireless communications towers and antennas.
Sec. 110-484. Emergency pad-mounted generators.
Sec. 110-485. Liquefied petroleum gas.
Sec. 110-486. Resort dwellings; resort condominiums; nonconforming use sta-
tus;expiration.
Sec. 110-487. Rental restrictions on dwelling units.
Secs. 110-488-110-490. Reserved.
labor
Supp. No. 17 CD110:5
CAPE CANAVERAL CODE
Division 2. Offstreet Parking
Sec. 110-491. Number of spaces required.
Sec. 110-492. Location of spaces.
Sec. 110-493. Access.
Secs. 110-494-110-505. Reserved.
Division 3. Offstreet Loading
Sec. 110-506. Requirements.
Sec. 110-507. Location and dimensions of space.
Secs. 110-508-110-520. Reserved.
Division 4. Home Occupations
Sec. 110-521. Permitted home occupations.
Sec. 110-522. Requirements.
Sec. 110-523. Local business tax receipt required.
Secs. 110-524-110-535. Reserved.
Division 5. Setbacks
Sec. 110-536. Building setback lines.
Sec. 110-537. Erection of more than one principal structure on lot.
Sec. 110-538. Encroachments.
Secs. 110-539-110-550. Reserved.
Division 6. Vehicles and Vessels
Sec. 110-551. Location of recreational vehicles,camping equipment,boats and
boat trailers.
Sec. 110-552. Living aboard boats.
Sec. 110-553. Living or residing in automotive vehicles.
Sec. 110-554. Parking and storage of certain vehicles.
Sec. 110-555. Paving of vehicular use areas.
Sec. 110-556. Vehicle rental facility.
Secs. 110-557-110-565. Reserved.
Division 7. Landscaping and Vegetation
Sec. 110-566. Landscaping and screening between commercial or industrial
zoning districts and residential zoning districts.
Sec. 110-567. Interior landscaping for offstreet parking areas.
Sec. 110-568. Reserved.
Secs. 110-569-110-580. Reserved.
Division 8. Swimming Pools
Sec. 110-581. Construction and location.
Sec. 110-582. Swimming pool barriers.
Sec. 110-583. Accessories.
Sec. 110-584. Minimum setbacks.
Supp.No. 17 CD110:6
ZONING § 110-1
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,
motor homes, motorcycles, scooters and station
The following words, terms and phrases,when
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
exceed 600 feet in length or width.
Adult congregate living facilities means the
same as defined by F.S. § 400.402. Bottle club means a membership composed of a
group of people which permits the consumption of
Alcoholic beverage means the same as defined alcoholic beverages on a premises without charge.
by F.S. § 561.01(4)(a). Membership shall be for a period of not less than
Alley means any public or private right-of-way one year.
set aside for secondary public travel and servicing Building means any structure built for the
which is less than 30 feet in width. support, shelter or enclosure of persons, animals,
Antenna means any exterior transmitting or chattels or property of any kind which has enclos
receiving device mounted on a tower, building or ing walls for 50 percent of its perimeter.The term
structure and used in communications that radi "building" shall be as if followed by the words "or
ate or capture electromagnetic waves, digital sig Part thereof." For the purpose of this chapter,
nals, analog signals, radio frequencies (excluding each portion of a building separated from other
radar signals), wireless telecommunications sig-
portions by a firewall shall be considered as a
nals or other communication signals. separate building. For the purpose of area and
height limitations, this definition shall be appli-
Apartment. See the definition of"dwelling,mul- cable to sheds and open sheds.
tiple-family."
Building official means the official charged
Apartment hotel means a building designed for with the administration and enforcement of this
or containing both apartments and individual chapter as provided in article II of this chapter.
guestrooms or rental units,under resident super-
vision,and which maintains an inner lobby through Camper trailer. See the definition of "recre-
which all tenants must pass to gain access to ational vehicle."
apartments, rooms or units. Camper(truck mounted)means a portable struc-
Approved structure means that which is built ture designed to be mounted on a truck or similar
or constructed or an edifice or building of any kind type vehicle, for the purpose of converting the
in which collected nonhazardous material may be vehicle into a movable living unit, and customar-
stored. ily used for recreational or camping use.
Automotive repair facilities includes all mechan- Church means any building occupied on a
ical engine overhaul or repair and bodywork and permanent basis for religious exercises as a pri-
painting of automotive vehicles. mary use.
Automotive vehicle means any self-propelled Clinic means a building where patients, who
vehicle or conveyance designed and used for the are not lodged overnight, are admitted for exam-
Supp.No. 17 CD110:7
§ 110-1 CAPE CANAVERAL CODE
3
ination and treatment by one person or group of Dish antenna. See the definition of"earth sta-
persons practicing any form of the healing arts tion antenna."
services to individuals,whether such persons are
Drive-in restaurant or refreshment stand means
medical doctors,chiropractors,osteopaths,chirop any place or premises used for sale,dispensing or
odists,naturopaths, optometrists,dentists or any servicing of food, refreshments or beverages in
similar profession, the practice of which is li automobiles,including those establishments where
tensed in the state. The term does not include a customers may serve themselves and may eat or
place for the treatment of animals. drink the food, refreshments or beverages on the
Common open space means a parcel or area of premises.
land or land and water, other than a dedicated Drive, private, means a private way set aside
canal,within the site and designed and intended for vehicular traffic that does not exceed 200 feet
for the use or enjoyment of residents living within in developed length and serves less than four
the zone or development area. Common open residential, commercial or any combination of
space may contain such complementary struc- residential and commercial units.
tures and improvements as are necessary and
appropriate for the benefit and enjoyment of the Dwelling, mobile home, means a detached res-
residents. idential dwelling unit over eight feet in width,
which bears a seal from the United States depart-
Construction site means a lot or parcel upon ment of housing and urban development, de-
which development is immediately proposed or in signed for travel over highways and streets or for
progress, as authorized by a current building house accommodations or both, manufactured on
permit. an integral chassis or undercarriage and arriving
at the site where it is to be occupied, except for
Containers means any cans, barrels, drums or
tanks, except stationary tanks, which would be minor and incidental unpacking and assembly
3
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 Dwelling, multiple-family, means a residential
regular nursing care is provided for more than building designed for or occupied by three or more
one person, not a member of the family, who families,with the number of families in residence
resides on the premises. 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 Dwelling, single-family, means a detached res-
on at least three adjacent sides by walls of the idential dwelling unit other than a mobile home,
principal building. 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
independent housekeeping establishment for owner
Dedication means the deliberate appropriation occupancy, for rent or lease, and physically sepa-
of land by its owner for any general and public rated from any other rooms or dwelling units
uses, reserving to himself no other rights than which may be in the same structure and contain-
such as are compatible with the full exercise and ing independent cooking and sleeping facilities.
enjoyment of the public uses to which the prop-
3
erty has been devoted.
Supp. No. 17 CD110:8
ZONING
C
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 Sign means the same as defined in chapter 23
unit which is rented more than three times in a of the building code adopted in section 82-31.
calendar year for periods of less than 30 days or
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
which,if controlled as to number,area,location or
or one calendar month, whichever is less.
relation to the neighborhood, would promote the
Restaurant means any building or structure or public health, safety,welfare, morals, order, com-
portion thereof in which food is prepared and fort, convenience, appearance, prosperity or gen-
served for pay to any person not residing on the eral welfare. Such uses as may be permitted by
premises. the board of adjustment are identified for each
CRight-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
tial,commercial or any combination of residential
school and land may be public or private.
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.
Structure means that which is built or con-
Setback means a required open space on the
same lot with a principal building,which space is strutted.
C unoccupied and unobstructed by buildings from Swimming pool means any portable pool or
the ground upward,except as specified in sections permanent structure containing a body of water
Supp. No. 17 CD110:13
CAPE CANAVERAL CODE
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
or used in an adjoining zoning district.
Tent means a collapsible shelter of canvas or
other fabric-type material. Wall means a structure forming a physical
barrier, which is constructed of concrete or ma-
Terrace means an open space adjacent to the sonry composite.
principal building on one or two sides, prepared
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
block form,along the property boundary or within
Total floor area or gross floor area means the the setback and used as a dividing line between
area of all floors of a building, including finished parcels of property in a residential zone, specifi-
attics, finished basements and all covered areas, cally excluding townhouse interior party walls.
including porches, sheds, carports and garages.
Yard means all open space on the same lot as
Townhouse means a single-family dwelling unit the principal building,which space is unoccupied
constructed in a series or group of attached units and unobstructed by buildings from the ground
with property lines separating such units. 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, ,.
lillitibk
will not be a hazard to adjacent buildings and sheds, carports, garages and storage areas.
that is also fully enclosed, operable and licensed. (Code 1981, § 632.01; Ord. No. 7-96, § 1, 6-18-96;
Ord.No. 9-97, § 1,9-2-97;Ord.No. 19-98,§§ 1-3,
Trailer park means an area duly licensed by 6-16-98; Ord. No. 30-98, § 1, 10-20-98; Ord. No.
the city and approved by the state board of health, 1-00, § 1, 2-1-00; Ord. No. 5-00, §§ 1, 2, 4-18-00;
which is designed, constructed, equipped, oper- Ord. No. 03-2003, § 2, 8-19-03; Ord. No. 02-2004,
ated and maintained for the purpose of providing § 2, 3-02-04; Ord. No. 01-2007, § 2, 2-20-07; Ord.
space for and otherwise servicing mobile homes No. 04-2007, § 2, 6-19-07; Ord. No. 04-2008, § 3,
and trailers. 5-6-08)
Cross reference—Definitions and rules of construction
Travel trailer. See the definition of "recre- generally,§ 1-2.
ational vehicle."
Utility access easement means an easement Sec. 110-2. Board of adjustment.
less than 20 feet wide, dedicated and used for (a) A board of adjustment is established and
utilities and utility vehicles. The term does not shall consist of five members.
qualify as an alley pursuant to chapter 98 per (b) The board of adjustment shall have the
taining to subdivisions.
powers and duties to consider applications for
Vacant means a building or parcel of land that special exceptions, variances, and administrative
is neither occupied nor used. appeals under this chapter.
Variance means a relaxation of the terms of (c) The board of adjustment shall not incur
this chapter when such variance will not be any debts or enter into any contracts or obliga-
contrary to the public interest and when,owing to tions which would be enforceable against the city,
conditions peculiar to the property and not the unless prior approval has been obtained from the
result of the actions of the applicant, a literal city council.
enforcement of this chapter would result in un- (Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 07-2007,
necessary and undue hardship. As used in this § 2, 12-4-07)
Supp.No. 17 CD110:14
ZONING § 110-27
Sec. 110-3. Planning and zoning board. (g) The planning and zoning board shall not
incur any debts or enter into any contracts or
(a) The planning and zoning board is estab- obligations which would be enforceable against
lished and shall consist of five members. the city, unless prior approval has been obtained
from the city council.
(b) The planning and zoning board shall oper- (Ord. No. 11-2005, § 2, 6-21-05)
ate exclusively in an advisory capacity to the city
council and the board of adjustment for variances Secs. 110-4-110-25. Reserved.
and special exceptions, and no ruling, decision or
recommendation of the board shall be binding on
the council. ARTICLE II. PROCEDURE; LAND USE
DECISIONS*
(c) The board shall perform such duties as are
conferred on it by this Code and the city council DIVISION 1. GENERALLY
and shall, from time to time, make studies on
planning and zoning matters affecting the health, Sec. 110-26. Intent and purpose.
welfare, safety and morals of the people of the
city. The intent and purpose of this article is to set
forth the procedure and requirements for apply-
(d) No problem or situation relating to zoning ing for variances, special exceptions, rezonings
shall be submitted to the city council prior to and administrative appeals, as set forth in this
being submitted to and acted upon by the plan- article.
ping and zoning board. Such problems or situa- (Ord. No. 11-2005, § 2, 6-21-05)
0 tions relating to zoning shall include but not be
limited to the following: Sec. 110-27. Authority.
(1) Changes in zone classification. (a) Unless otherwise provided in this chapter,
the city council shall render all final decisions
(2) Changes in zoning district boundaries and regarding rezonings and the board of adjustment
zoning maps. shall render all final decisions regarding vari-
ances, special exceptions and administrative ap-
(3) Review and revision of zoning sections. peals. Final decisions of the board of adjustment
and city council shall be subject to appellate
(4) Recommendation concerning a master plan review as set forth in this division.
and periodic review thereof.
(b) The respective board rendering final deci-
(e) The planning and zoning board shall make sions may impose reasonable conditions and safe-
recommendations to the board of adjustment con- guards on any approved rezoning, variance, spe-
cerning special exceptions and variances in accor- cial exception or administrative appeal to the
dance with this chapter. extent deemed necessary and relevant to ensure
compliance with applicable criteria and other
(f) The board secretary shall, after each meet- applicable provisions of the city code and compre-
ing of the planning and zoning board, transmit a
*Editor's note—Ord. No. 11-2005,§ 2,adopted June 21,
copy of the boards minutes to each member of the 2005, amended art. II in its entirety and enacted new provi-
city council, the city clerk and the city attorney. sions as set out herein.The former art.II pertained to board of
Such minutes shall include the board's recommen- adjustment and derived from Code 1981, §§ 645.13, 645.15,
dations on any matter coming before it,including 645.17, 645.19, 645.21, 645.23, 645.27, 645.29, 645.31; Ord.
No.43-93, §§2,3, adopted Dec. 7, 1993;Ord. No.49-93, § 1,
a short statement setting forth the facts upon
adopted Jan.4,1994;Ord.No.5-94,§1,adopted Feb.1,1994;
which the board's recommendations were based,
Ord. No. 5-96, § 1, adopted June 4, 1996; Ord. No. 18-2002,
as well as the board's reasons for the recommen-
§§2A,2B,adopted Dec. 17,2002; and Ord.No. 12-2003, §9,
dation. adopted July 1,2003.
Supp.No. 17 CD110:15
§ 110-27 CAPE CANAVERAL CODE
3
hensive plan. Such conditions and safeguards, Said notice shall include the address of the sub-
when made part of the terms under which the ject property, matter to be considered and the
rezoning,variance, special exception, or adminis- time,date and place of the hearing.The city shall
trative appeal is granted,have the same force and post notice of public hearings in the following
effect as any other provision of this Code, and manner:
violation of same shall be deemed to be a violation (1) Posting the affected property.
of this Code and punishable by this Code.
(c) All formal decisions shall be based on corn- (2) Posting at city hall and on the city's
petent substantial evidence and the applicable official website.
criteria set forth in this article. (3) Notifying all owners of real property (in-
cluding homeowner's and condominium
(d) The city council may adopt, by resolution, associations) adjacent to and within 500
quasi-judicial rules and procedures to implement feet of the subject property. All notices
this chapter. required by this subparagraph may be
(e) All final decisions rendered under this chap- sent by regular mail except that public
ter must be consistent with the city's comprehen- hearings related to applications for rezon-
sive plan. ing shall be sent by certified mail, return
receipt requested. Further, unless other-
(f) All final permits issued under this chapter wise provided by law, notices required by
may be temporarily suspended or absolutely re this subsection shall only be mailed for
yoked by majority vote of the board that rendered the first public hearing before the first
the final decision if the board later determines at board required to hear an application
a public hearing that either: under this article. Subsequent hearings
(1) The applicant has obtained the final per- on the same application shall not be re0
-
mit upon false statements, fraud, deceit, quired to be noticed by this subsection.
misleading or perjurious statements, or Applicants shall be solely responsible for
suppression of material facts; the costs incurred for notification under
(2) The applicant has committed substantial
this subparagraph.
violations of the terms and conditions of (4) Notifying, by certified mail, the owner(s)
any final permit; or of the subject property for which the ap-
(3) The applicant has used any final permit plication is being made.
to knowingly allow illegal activities to be The notice requirements set forth in subsec-
conducted on the property which is sub- tions (1), (2), and (3) above are hereby deemed to
ject to said permit. be courtesy notices. The failure to provide such
(Ord. No. 11-2005, § 2, 6-21-05; Ord. No. 07-2007, courtesy notices shall not be a basis of appealing
§ 2, 12-4-07) any decision made under this chapter.
Sec. 110-28. Due process; special notice re- (c) When any proposed zoning district bound-
quirements. ary change, variance, or special exception lies
(a) All applicants shall be afforded minimal within 500 feet of the boundary of any property
under another government's jurisdiction, notice
due process as required by law, including the shall be forwarded to the governing body of the
right to receive notice,be heard,present evidence, appropriate government authority in order to
cross-examine witnesses,and be represented by a afford such body an opportunity to appear at the
duly authorized representative. hearing and express its opinion on the effect of
(b) In addition to any notice requirements pro- said proposed district boundary change,variance
vided by state law, all public hearings under this or special exception.
article shall be publicly noticed for at least 14 (Ord.No. 11-2005, § 2, 6-21-05; Ord. No. 07-2007,
0
calendar days prior to the date of the hearing. § 2, 12-4-07; Ord. No. 04-2008, § 3, 5-6-08)
Supp. No. 17 CD110:16
ZONING
§ 110-32
Sec. 110-29. Applications. tained by the Brevard County Property
Tax Appraiser reflecting the boundaries of
The city manager or the city manager's desig- the parcels affected.
nee is hereby authorized to prepare applications (Ord. No. 11-2005, § 2, 6-21-05)
in furtherance of this chapter.At a minimum, all
applications for rezonings, variances, special ex- Sec. 110-30. Staff review.
ceptions, and administrative appeals shall be
accompanied by the applicable application fee (a) The city staff shall be required to review all
adopted by the city council and shall contain the applications for rezonings, variances, special ex-
following information: ceptions and administrative appeals, and make
written recommendations to the applicable city
(1) A general description of the relief sought board.
under this chapter.
(b) Upon completion of the written recommen-
(2) A brief explanation as to why the applica- dation, city staff shall forward the application,
tion satisfies the relevant criteria set forth along with the recommendation to either the
in this article. planning and zoning board or the board of adjust-
ment, as required by this article, for a duly
(3) The name(s) of the owner(s)of the partic- noticed public hearing.
ular real property. (Ord. No. 11-2005, § 2, 6-21-05)
(4) If the applicant is other than all of the
owners of the particular property,written Sec. 110-31. Reconsideration of rezonings,
consent signed by all owners of the par- variances,special exceptions or
titular real property shall be attached. administrative appeals.
4144410., (5) The legal description of the
When a petition for rezoning, variance, special
g p particular exception or administrative appeal has been acted
real property, accompanied by a certified on by the city council or board of adjustment and
survey or that portion of the map main-
was disapproved or failed to pass, such petition in
tamed by the Brevard County Property
Appraiser reflecting the boundaries of the the same or substantially similar form shall not
real property. be reconsidered by the city council or board of
adjustment for a period of two years. This section
(6) The current and future land use and the shall not apply to the property owner if the
zoning designations on the real property. original request was an administrative applica-
tion initiated by any official,department,board or
(7) Certified survey or scaled sketch drawing agency of the city acting in any official capacity.
depicting the property boundaries and all This section shall not apply to any initial petition
structures thereon. or petition for reconsideration filed by the city
council.
(8) For rezonings, variances, and special ex- (Ord. No. 11-2005, § 2, 6-21-05)
ceptions, applicants shall provide to the
city, at least 30 days in advance of the Sec. 110-32. Expiration of variance or spe-
planning and zoning board meeting, the cial exception; abandonment.
names and addresses of all affected prop-
erty owners. For the purpose of this re- (a) Any variance or special exception approved
quirement, an affected property owner or by the board of adjustment pursuant to this
owners shall mean any property owner or article shall expire 12 months after the effective
agent of record owning property which date of such approval unless a building permit
lies within a radius of 500 feet from any based upon and incorporating the variance or
boundary of the property for which the special expiration is issued by the city within said
application is sought, as reflected in the
survey or that portion of the map main- time period. Upon written request of the property
owner, the board of adjustment may extend the
Supp.No. 17 CD110:17
§ 110-32 CAPE CANAVERAL CODE
3
expiration date, without public hearing, by an any interested party and shall either af-
additional 12-month period, provided the prop- firm or reverse, wholly or in part, the
erty owner demonstrates good cause for the ex- decision of the board of adjustment or
tension. Such request shall be submitted to the community appearance board. However,
board of adjustment prior to the expiration of the with respect to administrative appeals
first 12-month period. In addition, if the afore- under section 110-40, the city council's de
mentioned building permit is timely issued, and novo review shall be of the record trans-
the building permit subsequently expires and the mitted to the board of adjustment by the
subject development project is abandoned or dis- building official. A concurring majority
continued for a period of six months,the variance vote of the city council shall be required
or special exception shall be deemed expired and for any decision made by the city council
null and void. under this section.
(b) Thereafter, a variance or special exception (4) Failure of any aggrieved party to appeal
shall expire and become null and void if the use to the city council pursuant to this section
granted thereunder is abandoned or otherwise shall be deemed a waiver of that party's
ceases to exist for a period of 18 consecutive right to judicial review.
months. As used herein, abandoned shall mean (b) Appeals from city council. Any party ag-
that the applicant has gone out of business,let all grieved by any final decision of the city council
business licenses lapse or has otherwise changed made under this section shall have the right to
the use of the property in conformance with this file an appropriate action in a court of competent
Code. Once a variance or special exception has jurisdiction.
lapsed due to abandonment, the applicant must (Ord. No. 11 2005, § 2, 6-21-05; Ord.No. 07-2007,
resubmit its request for variance or special excep-
tion pursuant to this article. § 2, 12-4-07)
(Ord. No. 11-2005, § 2, 6-21-05) 0
DIVISION 2. REZONINGS
Sec. 110-33. Appellate review.
(a) Appeals from board of adjustment or com Sec. 110-34. Rezoning applicant obligations.
munity appearance board. (a) Any of the following may file an application
(1) Any party aggrieved by any final decision for rezoning requesting that the sections, restric-
of the board of adjustment or the commu- tions and boundaries set forth in this chapter be
nity appearance board made under any amended, supplemented, changed or repealed:
chapter of this Code shall have the right (1) Any person or entity.
to appeal the final decision to the city
council. (2) The city council.
(2) Any such appeal shall be filed with the (3) The planning and zoning board.
city manager within ten calendar days of (4) The city manager.
the date of the final decision. The city
manager shall schedule the city council's (b) Rezoning applications shall be submitted
consideration of the appeal for the next at least 30 days prior to the planning and zoning
available regular city council meeting and board meeting at which such application is to be
shall provide the party seeking appellate considered.
review with written notice of the date, (Ord. No. 11-2005, § 2, 6-21-05)
time and location of said meeting.
Sec. 110-35. Procedure.
(3) The city council's consideration of the
final decision being appealed shall be de (a) The planning and zoning board shall be
novo. The city council shall hear and required to review all rezoning applications and
3
consider the evidence and testimony of make a written recommendation to the city coun-
Supp. No. 17 CD110:18
ZONING § 110-35
cil. Such recommendation shall include the rea- (8) Changed or changing conditions make the
sons for the board's recommendation and show proposed rezoning necessary;
the board has considered the applicable rezoning
(9) The proposed rezoning change will not
criteria set forth in this section. seriously reduce light or air to adjacent
(b) Upon receipt of the planning and zoning areas;
board's recommendation, the city council shall (10) Should the city be presented with compe-
make a final decision on the application. If the tent substantial evidence indicating that
city council determines that the planning and property values will be adversely affected
zoning board has not made a recommendation on by the proposed rezoning, the applicant
an application within a reasonable period of time, must demonstrate that the proposed re-
the city council may, at its discretion, consider an zoning change will not adversely affect
application without the planning and zoning board's property values in the surrounding area;
recommendation.
(11) The proposed rezoning will not be a sub-
(c) All rezoning applications shall be reviewed stantial detriment to the future improve-
for compliance with the following standards: ment or development of vacant adjacent
property;
(1) The proposed rezoning change is in com-
pliance with all procedural requirements (12) The proposed rezoning will not constitute
established by the City Code and law; a grant of special privilege to an individ-
ual owner as contrasted with the public
(2) The proposed rezoning change is consis-
tent with the city's comprehensive plan
including, but not limited to, the future (13) The proposed rezoning change is not out
land use map and the proposed change of scale or incompatible with the needs of
would not have an adverse effect on the the neighborhood or the city;
comprehensive plan; (14) The proposed rezoning does not violate
any applicable land use regulations adopted
(3) The proposed rezoning change is consis- by the city.
tent with any master plan applicable to
the property; (d) In approving a change in the zoning classi-
fication on a lot or parcel of land,at the request of
(4) The proposed rezoning change is not con- or with the concurrence of the owner(s)of said lot
trary to the land use pattern established or parcel,the city council may approve a rezoning
by the city's comprehensive plan; subject to restrictions provided such restrictions
(5) The proposed rezoning change would not do not confer any special privilege upon the own-
create a spot zone prohibited by law; er(s) or subject property that would otherwise be
(6) The proposed rezoning change would not
materially alter the population density
pattern in a manner that would overtax
the load on public facilities and services
such as schools,utilities,streets,and other
municipal services and infrastructure;
(7) The proposed rezoning would not result in
existing zoning district boundaries that
are illogically drawn in relation to exist-
ing conditions on the property and the
surrounding area and the land use pat-
41110114, tern established by the city's comprehen-
sive plan;
Supp. No. 17 CD110:18.1
lJ
ZONING § 110-40
intensity of the special exception re- forth in this section. Any of the following may
quested.The site shall be of sufficient size seek review of an administrative decision pursu-
to accommodate design amenities such as ant to this section:
screening,buffers,landscaping,open space, (1) City council;
off-street parking, and other similar site
plan improvements needed to mitigate (2) Planning and zoning board;
against potential adverse impacts of the
proposed special exception. (3) Any person aggrieved or affected by any
decision of the building official in the
(3) Whether the proposed special exception interpretation of any portion of this chap-
will have an adverse impact on the local ter.
economy, including governmental fiscal (b) Appeals shall be taken within 30 days after
impact, employment, and property val- such administrative decision is made by filing a
ues. written notice of appeal with the building official
(4) Whether the proposed special exception and the board of adjustment stating the name of
will have an adverse impact on the natu the decision maker, date of the decision, applica-
ble code provisions and the specific grounds for
ral environment,including air,water,and
appeal. Upon receipt of the notice of appeal, the
noise pollution, vegetation and wildlife,
open space,noxious and desirable vegeta- building official shall schedule the appeal before
tion, and flood hazards. the board of adjustment and transmit all docu-
ments,plans,papers or other materials constitut-
(5) Whether the proposed special exception ing the record upon which the action appealed
will have an adverse impact on historic, from was taken.
scenic, and cultural resources, including
views and vistas, and loss or degradation (c) The board of adjustment shall be required
of cultural and historic resources. to review all administrative appeals and prepare
written findings constituting its final decision on
(6) Whether the proposed special exception the administrative appeal based on the criteria
will have an adverse impact on public set forth in this section.
services, including water, sewer, surface (d) Review of administrative decisions shall be
water management,police,fire,parks and based on the following criteria:
recreation, streets, public transportation,
marina and waterways, and bicycle and (1) Whether the applicant was properly af-
pedestrian facilities. forded procedural due process;
(7) Whether the proposed special exception (2) Whether the decision under review is sup
will have an adverse impact on housing ported by competent, substantial evi
and social conditions, including variety of dente; and
housing unit types and prices, and neigh- (3) Whether the decision under review corn-
borhood quality. plied with applicable law, including a
(Ord. No. 11-2005, § 2, 6-21-05) proper interpretation of any provision un-
der this chapter.
DIVISION 5. ADMINISTRATIVE APPEALS (e) An administrative appeal filed pursuant to
this section stays all proceedings in furtherance of
Sec. 110-40. Administrative appeals. the action appealed from, unless the building
official from whom the appeal is taken certifies in
(a) Any final administrative decision regard- writing to the board of adjustment after the notice
ing the enforcement or interpretation of this chap- of appeal is filed that, because of facts stated in
ter, where it is alleged there is an error by an the certificate, a stay would, in the building
administrative official, can be appealed as set official's opinion, cause imminent peril to life and
Supp.No. 17 CD110:21
§ 110-40 CAPE CANAVERAL CODE
property. In such case where the building official The procedure for deciding such questions shall
makes such certification,proceedings shall not be be as stated in this section and this chapter.
stayed other than by an injunction,which may be Under this chapter the city council shall have
granted by the board of adjustment or issued by a only the duties of:
court of competent jurisdiction. (1) Considering and adopting or rejecting pro-
(f) The board of adjustment shall have the posed amendments or the repeal of this
right to reverse or affirm, wholly or in part, or chapter, as provided by law; and
may modify the order, requirement, decision or (2) Establishing a schedule of fees and charges.
determination as ought to be made, and to that
end, shall have all the powers of the officers from (3) Deciding appeals from final decisions of
whom the appeal is taken. The concurring major- the board of adjustment or community
ity vote of the board of adjustment shall be appearance board pursuant to its author-
necessary for any decision made pursuant to this ity under section 110-33.
section. (Code 1981, § 645.35; Ord. No. 3-94, § 1, 2-1-94;
(Ord. No. 07-2007, § 2, 12-4-07) Ord. No. 02-2006, § 2, 3-21-06; Ord. No. 07-2007,
§ 2, 12-4-07)
Secs. 110-41-110-85. Reserved.
Sec. 110-88. Duties of building official.
ARTICLE III. ADMINISTRATION AND (a) The building official,under the supervision
ENFORCEMENT* of the city manager or department head duly
delegated and appointed by the city manager,
shall administer and enforce this chapter. He
DIVISION 1. GENERALLY shall be provided with assistance of such other '01114%,
officers and employees of the city as may be
Sec. 110-86. Conflicts with other ordinances. necessary to enforce this chapter.
Whenever the sections of this chapter are at (b) If the building official finds that any sec-
variance with the requirements of any other law- tion of this chapter is being violated, he shall
fully adopted rules,regulations or ordinances,the notify, in writing, the person responsible for such
most restrictive or that imposing the higher stan- violation, indicating the nature of the violation
dards shall govern. and ordering the action necessary to correct it.He
(Code 1981, § 645.39) shall order discontinuance of illegal work being
done or shall take any other action authorized by
Sec. 110-87. Interpretation of chapter. this chapter or by law to ensure compliance with
It is the intent of this chapter that all questions
or to prevent violation of this chapter.
regarding the interpretation and application of (Code 1981, § 645.01; Ord. No. 02 2006, § 2,
the provisions of this chapter shall be first pre-
3-21-06)
sented to the building official and that such Sec. 110-89. Penalties for violation.
questions shall be presented to the board of ad-
justment only on appeal from the decision of the Any person who violates, disobeys, omits, ne-
building official and that recourse from the deci- glects or refuses to comply with or who resists the
sions of the board of adjustment shall be to the enforcement of this chapter shall, upon convic-
city council.Any appeal from a decision of the city tion, be punished as provided by section 1-15.
council shall be to the courts as provided by law.It (Code 1981, § 645.43)
is further the intent of this chapter that the
duties of the city council in connection with this Sec. 110-90. Complaints of violations.
chapter shall not include hearing and deciding Whenever a violation of this chapter occurs or
questions of enforcement that may arise.
is alleged to have occurred, any person may file a A ,
*Cross reference—Administration,ch. 2. complaint.Such complaint stating fully the causes
Supp.No. 17 CD110:22
ZONING § 110-90
0
and basis thereof shall be filed with the building
official. He shall record properly such complaint,
immediately investigate and take action thereon
as provided by this chapter.
(Code 1981, § 645.41)
0
•
Supp.No. 17 CD110:22.1
f~-~--~^ ' �-�--�~-~-- ---~ -'- '--' -- - � - - � - -
ZONING § 110-377
Sec. 110-360. Parking and loading. Sec. 110-373. Minimum setbacks.
In the M-1 light industrial and research and For townhouses, the minimum setbacks re-
development district,offstreet parking shall be as quired shall be as follows:
provided in section 110-491 et seq. and offstreet (1) Front, 25 feet.
loading shall be as provided in section 110-506 et
seq. (2) Side, end unit, eight feet.
(Code 1981, ch. 638.17) (3) Side, interior unit, zero feet.
(4) Rear, 15 feet.
Secs. 110-361-110-370. Reserved.
(5) Side,corner lot,25 feet;on all nonconform-
ing lots of record, 15 feet.
DIVISION 7. TOWNHOUSES (Code 1981, § 639.03)
Sec. 110-371. Permitted use. Sec. 110-374. Offstreet parking.
Townhouses are permitted as an allowed use in For a townhouse, there shall be a minimum of
R-2 and R-3 districts. three parking spaces for each living unit located
(Code 1981, ch. 639) on the same property as the main building. The
minimum of three parking spaces shall be re-
Sec. 110-372. Area and dimensions. quired of all living units of three bedrooms or less.
Living units containing in excess of three bed-
Townhouse area and dimensions shall be as rooms shall require an additional parking space
follows: for each bedroom in excess of three.
(1) Minimum area to be developed shall be (Code 1981, § 639.05)
#%"' 6,250 square feet.
Sec. 110-375. Utilities.
(2) Minimum lot area shall be 1,600 square For townhouse utilities, the following shall
feet.
apply:
(3) Minimum lot width shall be 20 feet. (1) All utility distribution systems, including
(4) Minimum lot depth shall be 70 feet. but not limited to television cable, tele-
phone and electrical systems shall be in-
(5) Maximum lot coverage by all buildings stalled underground.Primary facilities pro-
shall be 40 percent of the site area. viding services to the site may be excluded.
(6) Minimum floor area shall be as follows: (2) A five-foot public access easement shall be
provided along each side and across the
a. One bedroom, 650 square feet per
dwelling unit. rear of the site.
(Code 1981, § 639.07)
b. Two bedrooms, 750 square feet per
dwelling unit. Sec. 110-376. Reserved.
c. Additional bedrooms,200 square feet Editor's note—Ord. No. 09-2007, § 2, adopted Dec. 4,
per bedroom. 2007, repealed § 110-376,which pertained to preservation of
trees and derived from Code 1981,§639.09.
(7) Maximum building length or width shall
be 185 feet. Sec. 110-377. Individually platted lots.
Until December 31, 1993, 50 and 75-foot-wide Each townhouse unit shall be located on an
nonconforming lots of record may have 16-foot- individually platted lot. If there exists areas for
a '""" wide townhouse lots. common use of the occupants, the plat will not be
(Code 1981, § 639.03) approved until satisfactory arrangements are made
Supp.No. 17 CD110:43
§ 110-377 CAPE CANAVERAL CODE
for maintenance and presented to the city. Indi- of uses permitted are intended to serve employ-
vidual maintenance procedures shall be submit- ment and consumer needs of nearby residential
ted to the planning and zoning board to ensure neighborhoods,as well as the commercial needs of
that all public areas in common open spaces shall the motorist.All principal uses permitted in this
be maintained in a satisfactory manner without zone shall be contained in an enclosed structure.
expense to the city. (Ord. No. 4-99, § 1, 7-6-99; Ord. No. 01-2007, § 3,
(Code 1981, § 639.11) 2-20-07)
Sec. 110-378. Building permit. Sec. 110-381. Principal uses and structures.
The townhouse developer must file an applica- In the C-2 commercial/manufacturing district,
tion for a building permit. The application must the following uses and structures are permitted:
be in a format approved by the building official 1. Retail stores, sales and display rooms,
and shall include all elements necessary for multi- and shopping centers.
family construction in accordance with section
110-221 et seq.The expiration date of the building 2. Personal service establishments, such as
permit shall be in accordance with section 106.6.1 beauty shops and barbershops, laundry
of the building code adopted in section 82-31. and dry cleaning pickup stations, tailor
(Code 1981, § 639.13) shops, daycare and similar uses.
3. Dry cleaning establishments using non-
Sec. 110-379. Development schedule. flammable solvents and cleaning fluids as
A townhouse development schedule shall be
determined by the fire chief.
submitted for review to the planning and zoning 4. Professional offices, studios, clinics, labo-
board, who may approve, approve subject to con- ratories,general offices,business schools,
ditions or disapprove.When submitted,the devel- data processing and similar uses.
opment schedule shall indicate the staging of 5. Banks and financial institutions.
construction and the staging of open space or
other common use areas for conveyance, dedica- 6. Places in which goods are produced and
tion or reservation;the geographic stages in which sold at retail upon the premises.
the project will be built; the approximate date 7. Eating establishments, bakeries and del-
when construction of each stage shall begin; and icatessens.
its anticipated completion date. Provision for the 8. Noncommercial public parks; commercial
construction of cultural and recreational facilitiesindoor playgrounds;clubs and lodges;cul-
which are shown on the site plan shall proceed at tural facilities;hospitals;clinics;mortuar-
an equivalent or greater rate as the construction ies and funeral homes (excluding crema-
of the dwelling units.
(Code 1981, § 639.15) tories); government offices; schools; adult
and youth centers;churches;reading rooms
and similar uses.
DIVISION 8. C-2 9. Vocational and trade schools not involving
COMMERCIAI./MANUFACTURING DISTRICT operations of an industrial nature, such
as truck driving schools.
Sec. 110-380. Intent.
The requirements for the C-2 commercial/
manufacturing district are intended to apply to
an area adjacent to major arterial streets,located
adjacent to existing commercial or manufacturing
uses and convenient to major residential areas.
This district would be associated with a mix of low
density commercial and light industrial.The types
Supp.No. 17 CD 110:44
1 0
ZONING § 110-580
addition,one ten-point tree shall be placed (9) The value of the landscaping for the in-
at the end of each row where internal ternal parking areas and their perimeter,
curbing would be placed, even though as well as all additional external landscap-
internal curbing may not be required. ing for other areas on the site,will not be
However, trees must be protected from less than one percent of the total cost of
vehicular encroachment. the project, including land acquisition, or
three percent of the project, excluding
(3) Subsections(a)(1)and(2)may be satisfied land acquisition, whichever is greater.
by cluster plantings, at the discretion of (b) Tree value points referred to in subsection
the building official. (a) of this section shall be grade Florida Fancy or
(4) Parking areas in the C-1, C-2 and M-1 Florida #1 and will have the following values:
districts and parking areas in the R-3 Flor-
districts that contain 16 or more parking ida Flor-
spaces shall be planted to a width of at Fancy ida #1
Points Thee Points
least two feet of the entire perimeter
facing the public right-of-way, except for 10 Large and medium species,ten feet tall 7
with greater than three-inch diameter
ingress and egress and sidewalks. The (dbh)and two-foot spread
perimeter shall be planted with decora- 5 Small species, six feet tall with two- to 4
tive shrubs and bushes not less than three-inch diameter(dbh)minimum and
two-foot spread
three feet in height to form a visual screen 5 Cabbage palms,minimum height six feet 4
with a density of at least 80 percent (overall)
5 Non-native palms,minimum height three 4
within two years of planting. Perimeters
feet(overall)
Cfacing such public right-of-way shall, in (c) Only trees listed in section 102-52 having
addition,have five tree value points planted the cold tolerance designation(+)shall be consid-
every 35 feet with at least ten tree values ered for use in meeting landscaping requirements
on a minimum 50 foot C-1 lot, and 15 tree for C-1, M-1 and R-3 zones. Further, if the plant-
values on the minimum 75-foot C-2 or R-3 ing is in an area subjected to salt air, the B
lot unless a greater restriction is other- (barrier island)designation shall be present,which
wise provided for in this chapter. meets the state requirement to tolerate xeric
(5) No trees shall be planted that will ob- conditions. Otherwise, documentation must be
struct visibility at intersections or points presented as provided in section 110-566(d).
of ingress and egress to streets. See sec- (Code 1981, § 641.44; Ord. No. 1 92, § 2, 1-21-92;
tion 110-469. The perimeter footage de- Ord. No. 28-94, § 1, 7-19-94; Ord. No. 14-98, § 1,
fined in section 110-469 and ingress and 9-15-98; Ord. No. 03 2003, § 2, 8-19-03; Ord. No.
egress shall not be used to calculate land 05-2005, § 3, 4-19-05)
scaping of perimeters. Sec. 110-568. Reserved.
(6) Every effort shall be made to build, pave Editor's note—Ord. No. 05-2005, § 3, adopted April 19,
or otherwise construct around existing 2005,deleted section 110-568,which pertained to preservation
of trees in all districts and derived from Code 1981m,§641.59.
trees of value.
Secs. 110-569-110-580. Reserved.
(7) Each landscaped area, both within the
interior parking area and around the pe-
rimeter, shall be served by a functioning
underground sprinkler system adequate
to maintain all landscaping.
(8) All landscaping specified in this subsec-
tion shall be properly maintained and
C replaced if for any reason it does not
survive.
Supp.No. 17 CD110:71
§ 110-581 CAPE CANAVERAL CODE
DIVISION 8. SWIMMING POOLS* Sec. 110-582. Swimming pool barriers.
Swimming pool barriers shall be required pur-
Sec. 110-581. Construction and location. suant to F.S. ch. 515, and the Florida Building
(a) Swimming pools shall be installed to city Code, as adopted by chapter 82 of this code.
requirements, and a city permit shall be required (Code 1981, § 641.47(B); Ord. No. 16 98, § 2,
and approved by the building department prior to 5-5-98; Ord. No. 06 2007, § 4, 10-16-07)
construction or installation (placement). Sec. 110-583. Accessories.
(b) Swimming pools may be built within the Swimming pool accessories, such as ladders,
principal structure if it is determined through slides, pumps and similar items, shall not en
analysis by a certified engineer that such construc croach into a required yard setback beyond the
tion shall not be harmful to the principal strut limits specified for swimming pools.
ture. At the discretion of the building official, (Code 1981, § 641.47(C))
engineering may be required when the vertical
wall of the pool (water's edge) is located within Sec. 110-584. Minimum setbacks.
five feet of the foundation system supporting the
principal structure. Engineering may also be re- (a) The minimum setbacks for swimming pools,
quired on all premanufactured or prefabricated enclosures and accessories shall be as follows and
pools which do not bear product approval from an shall be in compliance with the electrical code as
accredited testing agency. adopted in Chapter 82 of the City of Code of
Ordinances:
(c) Swimming pools which are open and (1) Front, 25 feet (see subsection (b) of this
unenclosed may occupy a required rear or interior section).
side yard setback, provided they are not located
closer than five feet to a rear lot line or eight feet (2) Side (interior lot line), eight feet.
to an interior side lot line. (3) Side (corner lot line), 25 feet; on all non-
(d) Commercial swimming pools are prohib- conforming lots of record 15 feet (see
ited in residential districts. subsection (b) of this section.)
(4) Rear, five feet (see subsection (c) of this
(e) Swimming pools shall not occupy a re- section).
quired front or corner side yard setback.
(b) See section 110-536 for special setbacks.
(f) Swimming pools may not be constructed
prior to the construction of the principal building. (c) In no event shall a swimming pool, screen
enclosure or accessory feature be located within
(g) For the purposes of this section, neither 15 feet of a property line that abuts and runs
pools nor screened enclosures are considered struc- parallel to a public street.
tures for the sole purpose of determining lot (Code 1981, § 641.47(D); Ord. No. 16-98, § 3,
coverage. Pools and screen enclosures shall meet 5-5-98)
the setback requirements as stipulated elsewhere
in this chapter.
(h) For the purposes of this section, neither
pools nor screened enclosures are considered struc-
tures for the purpose of determining lot coverage.
Pools and screened enclosures are not permitted
in the setback area.
(Code 1981, § 641.47(A); Ord. No. 16-98, § 1,
5-5-98)
*Cross reference—Swimming pool code,§82-246 et seq.
Supp.No. 17 CD110:72
APPENDIX B—SCHEDULE OF FEES
Code
Description Amount Section
c. Each condominium unit 2,337.81
d. Each mobile home space 2,337.81
(2) Commercial. The impact assessment fee shall be the
greater of$2,337.81 or the amount calculated for the uses
described below:
a. Barber and beauty shops, per chair 584.45
b. Bowling alleys, per lane 584.45
c. Churches, per seat 17.25
d. Dentist offices, per dentist 1,461.14
e. Doctor offices, per doctor 1,461.14
f. Food service operations:
1. Restaurant, per seat 292.23
2. 24-hour restaurant, per seat 438.35
3. Bar and cocktail lounge, per seat 174.87
tows, 4. Drive-in restaurant, per car space 292.23
,4411000/
g. Hospitals, per bed 1,461.14
h. Hotels, motels, per room 876.61
i. Laundry facilities, per washing machine 2,337.81
j. Nursing, rest homes, per person 584.45
k. Office building, per worker 117.37
1. Schools, per student 146.12
m. Service stations, per water closet and per urinal 1,461.14
n. Shopping centers without food or laundry,per square
foot of floor space 0.58
o. Stores without food service, per square foot of floor
space 0.58
p. Theaters, indoor, per seat 28.75
q. Travel trailer park without water and sewer hookup,
per space 438.35
r. Travel trailer park with water and sewer hookup,
per space 584.45
Supp.No. 17 CDB:9
CAPE CANAVERAL CODE
Code
Description Amount Section
(3) Industrial:
a. Impact fees for industrial or other commercial facil-
ities not listed above shall be based upon either the
use of the fixture unit count or the number of
workers in an office building, whichever is greater.
1. The fixture unit count shall be that defined in
the most recent plumbing fixture value table
published by the Standard Plumbing Code.
The table shall be reviewed annually. Each 18
fixture units, or fraction thereof, equals one
equivalent single-family dwelling unit. Equiv-
alent and fractional equivalents shall be mul-
tiplied by $2,337.81 to determine the applica-
ble impact fee.
2. The impact fee associated with the number of
workers in an office building shall be that
listed under the commercial facilities.The num-
ber of workers shall be multiplied by$117.37 in
order to determine the applicable impact fee.
b. The minimum impact assessment fee for industrial ',
and other commercial facilities not listed above shall
be $2,337.81.
(4) Reinstatement fee after connection shutoff 75.00 78-122
(5) Off-site sewage pumping fee: 78-131
a. Per day 100.00
b. Plus, per gallon 0.05
Article III. Service Rates, Deposits and Billing Procedures
(a) Deposit for sewer and garbage and trash collection: 78-151
(1) Residential 65.00
(2) Industriallcommercial 200.00
(b) Schedule of fees.
Description
(1) Residential:
A. Single-family: Individually metered detached residential
dwelling units,town homes and individually metered mobile
homes.
B. Multifamily: Individually or master metered attached resi-
Ci)
dential dwelling units, and master metered mobile homes.
Supp.No. 17 CDB:10
APPENDIX B-SCHEDULE OF FEES
(2) Public building connections:Any individual connection held,used
or controlled exclusively for public purposes by any department or
branch of government, state, county or municipal, without refer-
ence to the ownership of the building or of the realty upon which
it is situated.
(3) Commercial: Any building used for commercial, nonresidential
purposes.
(4) Equivalent residential unit(ERU):One ERU shall be equal to one
detached residential dwelling unit with an individual water
meter of 0.75 inches or less. ERUs for all connections other than:
(i) residential dwelling units with an individual water meter of
0.75 inches or less; and (ii) multifamily; shall be pursuant to the
following basis:
ERU Basis
For Single-Family, Commercial and Public Buildings
Meter Size ERU
3/4" 1.00
1.0" 2.50
1.5" 5.00
,.,.. 2.0" 8.00
3.0" 15.00
` r 4.0" 25.00
6.0" 60.00
8.0" 80.00
(5) Sewer Adjustment Factor: A factor established by City Council to account for the difference
between the established rates and charges for Residential connection sewage and that of
Commercial connections.
2008 2008/09 2009/10 2010/11 2011/12
7% 6% 6% 6% 6%
Customer Charge per Bill
Single-Family $ 1.29 $ 1.37 $ 1.46 $ 1.55 $ 1.64
Multifamily $ 1.29 $ 1.37 $ 1.46 $ 1.55 $ 1.64
Commercial $ 1.29 $ 1.37 $ 1.46 $ 1.55 $ 1.64
Public Building $ 1.29 $ 1.37 $ 1.46 $ 1.55 $ 1.64
Readiness to Serve Charge per ERU
Single-Family $ 11.22 $ 11.90 $ 12.62 $ 13.38
$ 14.18
Commercial(1) $ 11.22 $ 11.90 $ 12.62 $ 13.38 $ 14.18
Public Building $ 11.22 $ 11.90 $ 12.62 $ 13.38 $ 14.18
Usage Rate per 1,000 gallons
Single-Family $ 3.63 $ 3.85 $ 4.09 $ 4.34 $ 4.60
Supp.No. 17 CDB:11
CAPE CANAVERAL CODE
2008 2008/09 2009/10 2010/11 2011/12
7% 6% 6% 6% 6%
* Single-Family Usage Cap 5,000 gal 6,000 gal 7,000 gal no cap No cap
Commercial(') $ 3.63 $ 3.85 $ 4.09 $ 4.34 $ 4.60
Public Building $ 3.63 $ 3.85 $ 4.09 $ 4.34 $ 4.60
Sewer Service Charge per Unit
Multifamily (Flat Rate) $ 19.23 $ 20.39 $ 21.62 $ 22.92 $ 24.30
(1) Commercial shall be increased pursuant to a Sewer Adjustment Factor of 3.0 times
the Readiness to Serve Charge per ERU and a Sewer Adjustment Factor of 3.0 times
the Usage Rate per 1,000 gallons.
(c) Reserved.
Code
Description Amount Section
Article IV. Reclaimed Water
(a) Single-family, townhouse, duplex and triplex unit
$475.00 for each required backflow device
(b) Multifamily, apartment complexes, condominium develop-
ments and mobile home parks
$500.00 for each existing backflow device installed by the
property owner
(c) Commercial and industrial 78-177
$500.00 for each existing backflow device installed by the
property owner
Chapter 80.Vehicles for Hire
Article III. Driver's Permit 80-55
(a) Public vehicle driver's permits:
(1) For each permit used 8.00
(2) For each renewal of permit 7.00
Subpart B. Land Development Code
Chapter 82. Buildings and Building Regulations 82-2
(a) Building permit and miscellaneous fees. On all buildings,
structures or alterations requiring a building permit, a fee set
forth below shall be paid at the time the permit is issued:
(1) Permit fees by total valuation:
a. $500.00 or less:
1. No inspection required No fee
Supp.No. 17 CDB:12
APPENDIX B—SCHEDULE OF FEES
Code
Description Amount Section
2. Inspection required, for each inspection 30.00
b. $500.00 to and including $1,000.00 45.00
c. $1,001.00 to and including $2,000.00 60.00
d. $2,001.00 to and including $20,000.00:
1. For the first $2,000.00 60.00
Supp.No. 17 CDB:12.1
r,°~- ^-^ ~^' ~-^ ---' �~� - ~ ' - -'- '- ~^ - - - � - -
APPENDIX B-SCHEDULE OF FEES
Code
Description Amount Section
b. Four or more residential units 50.00
Plus $7.50 per unit, not to exceed $500.00
c. Commercial structures, per acre of land or portion
thereof 150.00
d. Extension of site plan 150.00
(2) Resubmission. Changes to originally approved site plans
shall be charged at a rate equal to 50 percent of the
original fee.
(f) Fence height exemption filing fee 35.00 110-470
(Res. No. 90-22, § 1, 4-18-90;Res.No. 90-35, § 1, 6-19-90;Res.No. 92-12, § 1,3-17-92;Res. No. 92-18, § 1,
4-21-92; Res. No. 92-19, § 1, 4-21-92; Res. No. 92-56, § 1, 10-20-92; Res. No. 93-08, § 1, 5-4-93; Ord. No.
31-93, § 1, 9-21-93; Ord. No. 41-93, 10-19-93; Ord. No. 44-93, § 1(683.35), 1-4-94; Res. No. 94-23, § 1,
5-3-94; Res. No. 94-94; § 1, 7-19-94; Res. No. 95-17, § 1, 6-20-95; Res. No. 95-19, § 1, 6-29-95; Res. No.
95-22, § 1, 6-29-95; Res. No. 95-23, § 1, 6-29-95; Res. No. 95-25, § 1, 7-18-95; Res. No. 96-26, § 1, 5-21-96;
Res. No. 96-32, § 1, 6-18-96; Res. No. 96-62, § 1, 12-17-97; Ord. No. 97-15, § 1, 5-20-97; Ord. No. 97-18,
§ 1, 6-17-97; Ord. No. 97-36, § 1, 10-7-97; Res. No. 28-98, § 1, 9-15-98; Res. No. 22-00, § 1, 7-18-00; Res.
No.2000-40,§ 1, 10-3-00;Res.No.2000-42, § 1, 10-3-00;Res.No. 2001-04, § 1,2-6-01;Res.No.2002-026,
.., § 1, 7-16-02; Ord. No. 13-2003, § 4, 5-20-03; Res. No. 2007-25, § 1(Exh.A), 9-18-07)
Supp.No. 17 CDB:17
0
""* CODE COMPARATIVE TABLE
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)
Lowe
06-2007 10-16-07 2
Added 110-486, 110-487
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.
11I(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)
"001111b... 70-86„ 70-87
3 6-27(d)
Supp. No. 17 CCT:21
CAPE CANAVERAL CODE
-4,100,4400
Ordinance Adoption Section
Number Date Section this Code
10-48(b)
08-2008 7- 1-08 2 26-3
0
Supp.No. 17 CCT:22
,
0
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 94-5
34.191 Ch.50 102-37
ch. 50 2-288 162.05 2-257
50.041 2-288 162.09(3) 78-60
50.051 2-288 162.21(6) 2-287(e)
60.05 2-292 162.22 10-92
2-296 ch. 163 58-56
2-297 110-37(a)
chs. 97-106 Char.Art.III 163.3161-163.3211 58-57
Char.Art.XXI 163.3174 58-56
Ch.26 163.3178 82-93
26-1 163.3180(12) 86-22
97.041 Char.Art.XXI,§2 86-26
98.041 Char.Art.XXI,§2 163.3180(16) 86-21
Char.Art.XXI,§9 163.3180(16)(b)1 86-23
C 98.041 et seq. Char.Art.XXI,§2 163.3180(16)(e) 86-25
100.361 Char.Art.XXI, 163.3220 86-2
§§ 10, 11 ch. 166 Char.Art.I,§3
101.161 Char.Art.XXI, § 16 Char.Art.II
101.657 26-5 Char.Art.II,§ 1
112.061 2-300 Char.Art.XIII,§§ 1,2
112.311 et seq. Char.Art.XXIV, Char.Art.XIII,§§4-6
§ 13 Char.Art.XV,§2
112.3135 Char.Art.XXIV,§8 Char.Art.XVI,§ 1
112.3143 2-67 Char.Art.XVII,§ 1
ch. 119 78-98 Char.Art.XVII,§§3-6
119.011 2-116 Char.Art.XVII,§§8,9
119.021 2-116 Char.Art.XX
161.041 82-85 Char.Art.XXI,§2
161.053 Ch. 14,Art. III Char.Art.XXII
161.52 et seq. Ch. 82,Art.IV Char.Art.XXIV,§ 1
161.55(1)(d) 82-94 Char.Art.XXIV,
82-81 § 10
161.142 Ch. 14,Art.III 110-37
161.161 Ch. 14,Art. III 110-37(a)
161.163 Ch. 14,Art. III 166.021(5) Char.Art.XIII,§3
ch. 162 Ch.2,Art.VI Char.Art.XIV,
2-256 §§ 1-3
2-258 Char.Art.XVII,§7
2-260 Char.Art.XVII,
2-281 § 10
2-282 166.021(10) 2-300
2-296 166.04 110-137
10-92 166.041 Char.Art.XXIV,§4
.. _ 34-42 1-11
82-400(f) 10-87
Supp. No. 17 SLT:1
CAPE CANAVERAL CODE /4011111111
F.S. Section F.S. Section
Section this Code Section this Code
110-137(e) Ch. 318 74-63
166.046 App.A,Art.I 320.823 82-81
166.101 Ch. 2,Art.V 82-88
166.101 et seq. Ch. 70 Ch. 337 66-1
166.222 82-322 339.155 86-29
166.231 Ch. 70,Art.II 370.12 Ch. 14,Art. III
70-27 380.04 86-2
166.231(1)(b) 70-29 ch. 381 10-163
166.232 Ch. 70,Art.II ch. 386,pt.I 10-62
166.241 Char.Art.XVII,§ 1 400.402 110-1
Char.Art.XVII, §9 ch. 403 78-275
166.3164 115-1(7) 403.91 et seq. Ch. 106,Art. II
167.22 App.A,Art. III,§8 403.413 Ch. 34,Art. II
ch. 170 Char.Art.XX 403.415 Ch. 34,Art.V
90-192 403.702 et seq. Ch. 62
ch. 171 Char.Art.XXIII 403.7046 62-4
ch. 177 Ch.98 403.801 et seq. 106-29
98-1 ch.468 82-32
110-423 82-148
177.25 et seq. 110-222 ch. 470 62-1
ch. 192 et seq. Char.Art. IX,Char. ch.471 82-322
Art.X 471.003 82-322
Char.Art.XVIII, 471.005 82-322
Char.Art.XIX ch.480 10-90
Ch. 70 ch.481 82-322
ch. 194 102-36 489.105 82-322
ch. 200 Char.Art.XVII, 489.119 82-322
§§3-6 489.127 82-375
203.012 70-26 82-377
ch. 205 Ch. 70,Art. III 489.127(2) 82-379
70-83 489.127(5)(j) 82-384
205.043(2),(3) 70-81 489.127(5)(m) 82-380
205.053 70-75 489.129 82-322
205.053(1) 70-74 489.131(3)(e) 70-85
70-76 489.132(1) 82-375
205.053(2) 70-75 82-377
205.053(3) 70-75 489.501 et seq. 30-26
215.85 2-206 501.160 18-5
ch. 218 Char.Art.XVIII ch. 509 110-1
218.32 Char.Art.XVII,§9 110-486
218.33 Char.Art.XVII,§ 1 ch. 515 110-582
ch. 252 Ch. 18 ch. 517 10-86
ch. 280 Char.Art.XVII,§8 ch. 553 Ch. 82
ch. 286 Ch. 2,Art.II,Div.3 82-321
286.011 Char.Art.V, § 1 553.36(12) 82-81
ch. 316 74-1 110-1
74-63 553.71 82-322
316.194 74-56 553.71(7) 82-322
316.195 34-34 553.73(8) 82-400(e)
316.293 Ch. 34,Art.V 553.77 82-322
316.650 Char.Art.XIII,§6 553.79 2-286(fl
316.1936 Ch. 6,Art.III,Div. 2 82-322
316.1945 74-56 553.79(7) 82-323 0
Supp.No. 17 SLT:2
m a
STATE LAW REFERENCE TABLE
Ce,
F.S. Section F.S. Section
Section this Code Section this Code
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
rf4itit' /Pi 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.)XIV, 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. W
791.01 110-1
791.01(4)(b) 38-81
110-1
110-1
ch. 794 10-90
10-108
80-1
ch. 796 10-90
.., 10-108
80-1
Supp. No. 17 SLT:3
l�J
CODE INDEX
0
Section Section
BIRDS. See:ANIMALS AND FOWL BOATS,DOCKS AND WATERWAYS(Cont'd)
Designation of areas of regulated water
BLIGHT activities 54-52
Property maintenance standards 34-91 et seq. Designating additional areas of regu-
See: PROPERTY MAINTENANCE lated water activities,procedure
STANDARDS for 54-53
BLOCKS Enforcement
Area of enforcement 54-48
Subdivisions Means of enforcement 54-49
Land development code regulations.... 98-1 et seq.
Penalties 54-55
See:LAND DEVELOPMENT CODE Exemptions 54-54
BOARDS, COMMITTEES AND COMMIS- Means of enforcement 54-49
SIONS Penalties 54-55
Beautification board 2-181 et seq. Purpose and findings 54-46
See:BEAUTIFICATION BOARD Speed not to be greater than what is
Board of adjustment 110-2 reasonable under the conditions.. 54-51
See: LAND DEVELOPMENT CODE Water safety. See herein: Vessel Control
Business and cultural development board. 22-26 et seq. and Water Safety
See:BUSINESS AND CULTURAL DE- Wetlands protection 106-26 et seq.
VELOPMENT BOARD See:LAND DEVELOPMENT CODE
Code enforcement board 2-256 et seq. Zoning regulations
See: CODE ENFORCEMENT BOARD Boats,vessels and boat trailers
Community appearance review board 22-36 et seq. Living aboard 110-552
See:COMMUNITY APPEARANCE RE- Living or residing in boats, utility
VIEW BOARD trailers,recreational vehicles and
Construction board of adjustments and ap- special purpose vehicles 110-553
peals Location of 110-551
0 P 82-32 et seq. Parking and storage 110-554
Building code. See: LAND DEVELOP-
MENT CODE BODIES OF WATER. See: BOATS, DOCKS
Criminal nuisance abatement board 2-292 et seq. AND WATERWAYS
See: CODE ENFORCEMENT
Definitions and rules of construction 1-2 BODIES POLITIC AND CORPORATE
Delegation of authority Persons;definitions and rules of construc-
Definitions and rules of construction1-2 tion extended and applied to 1-2
Joint authority
Definitions and rules of construction... 1-2 BONDS,SURETY OR PERFORMANCE
Library board 46-26 et seq. Certain ordinances not affected by Code.. 1-10(a)(2)
See:LIBRARY Franchise regulations generally.See:FRAN-
Planning and zoning board 110-3 CHISES(Appendix A)
See: LAND DEVELOPMENT CODE Outdoor entertainment permit
Recreation board 54-26 et seq. Cash cleanup bond 10-64
See:PARKS AND RECREATION Purchasing regulations 2-218(9)
Uniform procedures and requirements.... 2-171 Signs
Land development code regulations 94-1 et seq.
BOATS,DOCKS AND WATERWAYS See:LAND DEVELOPMENT CODE
Exhaust of motorboats BOOKS
Noises,enumeration of prohibited 34-153(6)
Library
Flood damage prevention 90-26 et seq. 46-1 et seq.
See: LAND DEVELOPMENT CODE See:LIBRARY
Land development code regulations re zon- BOTTLED GAS
ing 110-26 et seq. Public service tax 70-26 et seq.
See:LAND DEVELOPMENT CODE See:TAXATION
Litter, throwing in river or other body of
water 34-36 BOUNDARIES
Vessel control and water safety Corporate limits
Area of enforcement 54-48 Definitions and rules of construction... 1-2
0 Careful and prudent operation required 54-50 Franchise regulations in general. See:
Definitions 54-47 FRANCHISES(Appendix A)
Supp.No. 17 CDi:3
CAPE CANAVERAL CODE
0
Section Section
BOUNDARIES(Cont'd.) BUILDINGS(Cont'd.)
Land development code regulations re zon- Permits and miscellaneous fees
ing 110-26 et seq. Fees schedule in general. See: FEES
See:LAND DEVELOPMENT CODE (Appendix B)
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-
BRUSH.See:WEEDS AND DEAD VEGETA- POSAL
TION Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
BUDGET OTHER PUBLIC WAYS
City manager Weeds and dead vegetation 34-121 et seq.
Powers and duties 2-101(4) See: WEEDS AND DEAD VEGETA-
City treasurer TION
Duties 2-141(2)
BULK CONTAINERS
BUFFERS AND BUFFERING Solid waste 62-1 et seq.
Flood damage prevention 90-26 et seq. See:SOLID WASTE
See:LAND DEVELOPMENT CODE
Tree protection,land clearing 102-36 et seq. BULKHEADS
See:LAND DEVELOPMENT CODE Subdivisions
Land development code regulations.... 98-1 et seq.
BUILDINGS. See also: LAND DEVELOP- See:LAND DEVELOPMENT CODE
MENT CODE
Beautification board 2-181 et seq. BURGLAR ALARMS.See:ALARM SYSTEMS
See:BEAUTIFICATION BOARD
Building appearance and maintenance 34-98 BURNING
Building code Solid waste 62-11(b)
Generally 82-31 et seq.
Unsafe building abatement code 82-56 et seq. BURYING/BURIAL
Buildings and building regulationsSolid waste 62-11(c)
See: LAND DEVELOPMENT Trash,rubble or other debris 34-41
CODE BUSINESS AND CULTURAL Building sewers and connections 78-76 et seq. MENT BOARD
DEVELOP-
See: SEWERS AND SEWAGE DIS- 22-34
POSAL Advisory capacity
Community appearance review board .... 22-36 et seq. Composition 22-28
See:COMMUNITY APPEARANCE RE- Definitions 22-26
VIEW BOARD Established 22-27
Concurrency management 86-1 et seq. Indebtedness 22-35
See:LAND DEVELOPMENT CODE Purpose and duties 22-33
Construction noise 34-154 BUSINESSES
Fees schedule in general. See: FEES (Ap- BUSINESSES
pendix B) Local business tax 70-66 et seq.
Flood damage prevention 90-26 et seq. See:TAXATION
See:LAND DEVELOPMENT CODE Outdoor entertainment
Franchise regulations generally.See:FRAN- Local business tax receipt required .... 10-49
CRISES(Appendix A) Sexually oriented businesses, adult enter-
Impact fees 2-231 et seq. tainment establishments
See:IMPACT FEES Local business tax receipts/home occu-
Land development code regulations re zon- pations 10-128
ing 110-26 et seq. Solicitors,peddlers and itinerant vendors. 16-26 et seq.
See:LAND DEVELOPMENT CODE See: PEDDLERS, CANVASSERS AND
Local planning agency 58-56 et seq. SOLICITORS
See:PLANNING AND DEVELOPMENT Solid waste 62-1 et seq.
Old building sewers 78-80 See: SOLID WASTE
0
Supp.No. 17 CDi:4
CODE INDEX
0
Section Section
C CITY(Cont'd.)
Library board
CABLE TELEVISION Liability of city limited 46-31
Franchise regulation generally.See:FRAN- Solid waste
CHISES(Appendix A) Authority of city to collect 62-3
CALLINGS Ownership by city 62-4
Local business tax 70-66 et seq. Street excavations
See:TAXATION Authority of city 66-64
City's right to restore surface 66-69
CAMPING Liability of city 66-62
Sleeping and camping in public areas and
beaches 50-4 CITY ATTORNEY
Council
CANALS Attendance at meetings 2-127
Subdivisions Duties 2-126
Land development code regulations.... 98-1 et seq. CITY CLERK
See:LAND DEVELOPMENT CODE
Duties 2-116
CANVASSERS.See:PEDDLERS,CANVASS- CITY COUNCIL
ERS AND SOLICITORS
City attorney
CAPE CANAVERAL. See:CITY Duties 2-126
City manager
CAPITAL EXPANSION PLANS Powers and duties 2-101(2)
Impact fee 2-237 Compensation
CAPITAL EXPANSION TRUST FUND Established for councilmembers other
Impact fees 2-236 than mayor 2-41
Mayor,established for 2-42
CARS.See:MOTOR VEHICLES AND TRAF- Definitions and rules of construction 1-2
CFIC Election
Eminent domain powers re economic devel-
2-26
CAUSES opment 2-70
Effect of repeal of ordinances 1-9(b) Library board
CEMETERIES Reports to 46-32
Parks and recreation areas 54-1 et seq. Mayor
See:PARKS AND RECREATION Compensation established for 2-42
Meetings
CERTIFICATES OF OCCUPANCY Adjournment 2-69
Land development code regulations re zon- Adoption of motion 2-67
ing 110-26 et seq. Call to order;quorum;roll call 2-64
See:LAND DEVELOPMENT CODE City attorney to attend 2-127
Sewer impact fee requirements 78-125 Consideration of matters before council 2-66
General discussion 2-68
CHARTER Minutes 2-65
Definitions and rules of construction 1-2 Ordinances and resolutions
CITY Preparation prior to meeting 2-59
Abandoned property Parliamentary procedure 2-61
Compliance with notice or order to re- Preparation and notice of agenda 2-60
move; removal by city upon non- Presiding officer 2-62
compliance 34-184 Regular meetings 2-56
Disposition of property removed by city 34-186 Sergeant at arms 2-63
Notification of owner following removal Special meetings 2-57
by city 34-185 Workshop meetings 2-58
Redemption prior to sale by city 34-187 Ordinances and resolutions
Corporate limits Preparation prior to meeting 2-59
Regular meetings 2-56
Definitions and rules of construction... 1-2 Special meetings 2-57
Definitions and rules of construction 1-2 Uncontested elections 2-27
Flood damage prevention 90-26 et seq. Workshop meetings 2-58
See:LAND DEVELOPMENT CODE
.0%, Franchise regulations in general. See: CITY ENGINEER
FRANCHISES(Appendix A) Duties 2-151
Supp. No. 17 CDi:5
CAPE CANAVERAL CODE
0
Section Section
CITY MANAGER CODE ENFORCEMENT(Cont'd.)
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. inal 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
CIVIL EMERGENCIES Establishment; membership; meetings;
Authority;governor's;president 18-7 definitions 2-293
Definitions i8.2 Penalties;fines;liens;recording 2-297
Duration and termination of emergency .. 18-4 Powers 2-294
Emergency powers and measures 18-3 Purpose and intent 2-292
Persons authorized to declare emergency. 18-2
Sale of goods, services, or materials at CODE OF ORDINANCES*
unconscionable prices 18-5 Altering Code 1-13
Violations and penalties 18-6 Amendments to Code 1-11
Catchlines of sections 1-3
CLERK.See:CITY CLERK Certain ordinances not affected by Code 1-10
CLUBS Chapters or sections,references to 1-5
Persons;definitions and rules of construc- Code does not affect prior offenses,rights,
tion extended and applied to 1-2 etc. 1-8
Definitions and rules of construction 1-2
COASTAL CONSTRUCTION0
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
CODE ENFORCEMENT Provisions considered as continuation of
Abandoned vehicles existing ordinances 1-7
Code enforcement board hearing proce- References and editor's notes 1-6
dure 34-183 Severability of parts of Code 1-14
Buildings and building regulations Supplementation of Code 1-12
Citations; unlicensed contractors; fail-
ure to obtain building permit 82-375 et seq. CODES
Citations(code enforcement) City election code adopted 26-1
Applicable codes, ordinances; class vio- Technical codes. See that subject
lation 2-283
Citation powers;personal investigation; COMMITTEES AND COMMISSIONS. See:
reasonable cause 2-285 BOARDS, COMMITTEES AND COM-
Citation program,authorization of 2-282 MISSIONS
Classes of violations,penalties 2-291
Definitions 2-281 COMMUNICATION SERVICES
Enter upon property,authorization to2-290 Franchise regulations in general. See:
Form(citation) 2-288 FRANCHISES(Appendix A)
Intent;purpose 2-280 Outdoor entertainment permit require-
Issuance procedure 2-287 ments 10-62(4)
Payment of penalty;court hearings.... 2-289 Public service tax
Training of code enforcement officers .. 2-284 Generally 70-26 et seq.
Violation;penalties;general 2-286 See:TAXATION
Code enforcement board
Created 2-256 *Note—The adoption, amendment, repeal, omissions, effec-
Liens;application for satisfaction or re- tive date,explanation of numbering system and other matters
lease of 2-260 pertaining to the use,construction and interpretation of this
Membership 2-257 Code are contained in the adopting ordinance and preface
Powers and duties 2-258 which are to be found in the preliminary pages of this volume.
3
Supp.No. 17 CDi:6
CODE INDEX
0
Section Section
COMMUNITY APPEARANCE REVIEW CONTRACTS AND AGREEMENTS(Cont'd.)
BOARD Code does not affect prior contracts estab-
Board lishing or occurring 1-8
Established 22-37 Franchise agreements 66-1
Membership 22-37 Franchise regulations in general. See:
Proceedings of the board 22-39 FRANCHISES(Appendix A)
Qualifications of members 22-37 Land development code
Compliance with other code provisions 22-41 Concurrency management system
Concept plans 22-45 Transportation facility proportionate
Permits fair-share mitigation program
Appeals and review 22-46 Proportionate fair-share agreements 86-28
Application criteria 22-44 Purchasing 2-216 et seq.
Approval prerequisite for permits 22-40 See:PURCHASES AND PURCHASING
Building permits;enforcement 22-47 Right-of-way use agreements 66-1
Notice of approval or denial 22-43 Vested rights agreements 115-10
Procedure 22-42
Statement of findings and purpose 22-36 CORPORATE LIMITS
Definitions and rules of construction 1-2
COMMUNITY DEVELOPMENT
Business and cultural development board. 22-26 et seq. COUNCIL.See:CITY COUNCIL
Community appearance review board .... 22-36 et seq. COUNTY
Land development code regulations re zon-
ing 110-26 et seq. Animal control ordinance 14-26 et seq.
See:LAND DEVELOPMENT CODE See:ANIMALS AND FOWL
Definitions and rules of construction 1-2
COMPETITIVE BIDS Flood damage prevention 90-26 et seq.
Purchasing 2-216 et seq. See:LAND DEVELOPMENT CODE
See:PURCHASES AND PURCHASING
COURTS
COMPREHENSIVE PLAN Code enforcement citations
Local planning agency Payment of penalty;court hearings.... 2-289
Designation of agency,department,com- 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-
nent domain 2-70
CONCURRENCY MANAGEMENT SYSTEM Land development code regulations re zon-
Fees schedule in general. See: FEES(Ap- ing 110-26 et seq.
pendix B) See:LAND DEVELOPMENT CODE
Land development code regulations 86-1 et seq.
See:LAND DEVELOPMENT CODE CULTURAL DEVELOPMENT. See: BUSI-
Sanitary sewer system 78-26 et seq. NESS AND CULTURAL DEVELOP-
See: SEWERS AND SEWAGE DIS- MENT BOARD
POSAL
CYCLONES
CONNECTIONS Civil emergencies 18-1 et seq.
Sewer connections 78-27 et seq. See:CIVIL EMERGENCIES
See: SEWERS AND SEWAGE DIS-
POSAL
D
CONSTRUCTION
Coastal construction code 82-88 et seq. DANCING AND DANCEHALLS
Buildings and building regulations.See: Alcoholic beverage establishments
LAND DEVELOPMENT CODE Nudity on premises 6-27
CONTRACTORS DEBRIS.See also: SOLID WASTE
Local business tax Burial of debris 34-41
Contractors and subcontractors
Special requirements for 70-85 DEDICATIONS
Land development code regulations re zon-
CONTRACTS AND AGREEMENTS ing 110-26 et seq.
Certain ordinances not affected by Code.. 1-10(a) See:LAND DEVELOPMENT CODE
City attorney Plats or subdivisions
Duties 2-126(6) Certain ordinances not affected by Code 1-10(a)(12)
Supp.No. 17 CDi:7
CAPE CANAVERAL CODE
Section Section
DEEDS DRAINS AND DRAINAGE(Cont'd.)
Certain ordinances not affected by Code 1-10(a)(2) Subdivisions
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.
See:LAND DEVELOPMENT CODE DUNES
DEPARTMENTS AND OTHER AGENCIES Parking prohibited 74-59
OF CITY.See also:BOARDS,COMMIT- Wetlands protection 106-26 et seq.
TEES AND COMMISSIONS See:LAND DEVELOPMENT CODE
City manager
Powers and duties 2-101(6) E
Definitions and rules of construction 1-2
Delegation of authority EARTHQUAKES
Definitions and rules of construction1-2 Civil emergencies 18-1 et seq.
Fire department 38-56 et seq. See: CIVIL EMERGENCIES
See:FIRE PREVENTION
Joint authority EASEMENTS
Definitions and rules of construction1-2 Subdivisions
Local planning agency 58-56 et seq. Land development code regulations.... 98-1 et seq.
See:PLANNING AND DEVELOPMENT See:LAND DEVELOPMENT CODE
Police department 42-26
ECONOMIC DEVELOPMENT
DEVELOPMENT DISTRICTS Eminent domain powers of council re 2-70
Land development code regulations re zon-
ing 110-26 et seq. ELECTIONS
See:LAND DEVELOPMENT CODE Certain ordinances not affected by Code.. 1-10(a)(16) 0
Early voting exemption 26-5
DEVELOPMENT.See:PLANNING AND DE- Penalties for violations 26-2
VELOPMENT Qualifying period
DISCHARGES Generally 26-3
Sewers 78-96 et seq. State election code adopted 26-1
See: SEWERS AND SEWAGE DIS- ELECTRICITY
POSAL Fees schedule in general. See: FEES (Ap-
DISCRIMINATION pendix B)
Cable television franchise. See: FRAN- Franchise regulations in general. See:
CHISES(Appendix A) FRANCHISES(Appendix A)
Gas franchise agreement. See: FRAN- Public service tax 70-26 et seq.
CHISES(Appendix A) See:TAXATION
Signs
DISTRICTS
Land development code regulations 94-1 et seq.
Land development code regulations re zon-
See:in g 110 26 et seq. LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE EMERGENCIES
DRAINS AND DRAINAGE Civil emergencies 18-1 et seq.
Concurrency management 86-1 et seq. See:CIVIL EMERGENCIES
See:LAND DEVELOPMENT CODE Emergency pad-mounted generators
Flood damage prevention 90-26 et seq. Zoning requirements 110-484
See:LAND DEVELOPMENT CODE Fire protection services; emergency medi-
Outdoor entertainment permit require- cal services 38-56
ments 10-62(1) Flood damage prevention 90-26 et seq.
Sanitary sewer system 78-26 et seq. See:LAND DEVELOPMENT CODE
See: SEWERS AND SEWAGE DIS- Franchise regulations in general. See:
POSAL FRANCHISES(Appendix A)
Street excavations 66-61 et seq. Purchase 2-221
See: STREETS, SIDEWALKS AND Sanitary sewer system
OTHER PUBLIC WAYS Termination of service and emergency . 78-58
Supp. No. 17 CDi:8
CODE INDEX
0
Section Section
EMERGENCIES(Cont'd.) 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-
Outdoor entertainment permit require- POSAL
ments 10-62(4) Street excavations 66-61 et seq.
Street excavations 66-70 See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
EMINENT DOMAIN
Re economic development 2-70 EXHAUST
Discharge into open air
EMPLOYEES. See: OFFICERS AND EM- Noises,enumeration of prohibited 34-153(6)
PLOYEES
EXPLOSIONS/EXPLOSIVES
ENCROACHMENT Civil emergencies 18-1 et seq.
Property maintenance standards 34-91 et seq. See: CIVIL EMERGENCIES
See: PROPERTY MAINTENANCE Fireworks 38-81 et seq.
STANDARDS See: FIREWORKS
ENGINEER. See:CITY ENGINEER
F
ENGINEERS AND ENGINEERING
Street excavations FALSE ALARMS. See:ALARM SYSTEMS
Engineering details 66-66
FALSE STATEMENTS
ENGINES Receipt application 70-73
Discharge into open air of exhaust
0 Noises,enumeration of prohibited 34-153(6) FEDERAL GOVERNMENT
Federal utilities commission
ENTERTAINMENT. See: AMUSEMENTS Franchise regulations in general. See:
AND AMUSEMENT PLACES FRANCHISES(Appendix A)
Franchise regulations in general. See:
ENVIRONMENT FRANCHISES(Appendix A)
Abandoned property 34-176 et seq. Interpret law
See:ABANDONED PROPERTY City attorney
Land development code regulations re zon- Duties 2-126(3)
ing 110-26 et seq. Vehicles for hire
See:LAND DEVELOPMENT CODE Application of provisions to vehicle,op-
Lights 34-206 et seq. erator regulator by federal govern-
See:LIGHTS AND LIGHTING ment 80-2
Litter 34-26 et seq.
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)
See: SEWERS AND SEWAGE DIS- Impact fees 2-231 et seq.
POSAL See: IMPACT FEES
Street excavations 66-61 et seq. Outdoor entertainment permit 10-63
See: STREETS, SIDEWALKS AND Sewer fees where owner has private water
OTHER PUBLIC WAYS supply 78-154
Tree protection,land clearing 102-36 et seq. Sexually oriented businesses, adult enter-
See: LAND DEVELOPMENT CODE tainment establishments license
Weeds and dead vegetation 34-121 et seq. Annual license fee 10-103
See: WEEDS AND DEAD VEGETA- Application;fee 10-95
TION Solid waste
C Wetlands protection 106-26 et seq. Schedule of fees 62-5
See:LAND DEVELOPMENT CODE Street excavations permit fee 66-83
Supp.No. 17 CDi:9
CAPE CANAVERAL CODE
0
Section Section
FEES(Cont'd.) FIRE AND RESCUE IMPACT FEES
Vehicles for hire Fees schedule in general. See: FEES(Ap-
Driver's permit fee 80-55 pendix B)
Fees to be in addition to other taxes and
80-3 FIRE DEPARTMENT. See: FIRE PREVEN-
charges TION
FENCES, WALLS, HEDGES AND ENCLO- FIRE LANES
SURES
Land development code regulations re zon-
ing
Designation of 74-62
110-26 et seq. FIRE PREVENTION
See:LAND DEVELOPMENT CODE Alarm systems generally 30-26 et seq.
Signs See:ALARM SYSTEMS
Land development code regulations.... 94-1 et seq. Bottled gas
See:LAND DEVELOPMENT CODE Use restrictions;permit required 38-5
Conformance 38-34
FINANCES Doors to businesses or public halls 38-6
Building sewers Fire chief
Cost of installation 78-78 Duties 38-58
Certain ordinances not affected by Code.. 1-10(a)(2) Fire department
City treasurer Fire protection services;emergency med-
Duties 2-141(1) ical services 38-56
Court costs for police education and train- Volunteer fire department 38-57
ing 50-3 Fire inspectors
Franchise regulations in general. See: Designated as city code inspectors 38-3
FRANCHISES(Appendix A) Life Safety Code re 38-29
Impact fees 2-231 et seq. Fire lanes,designation of 74-62
See: IMPACT FEES Fire prevention codes
Library board expenditures 46-27AIN
Florida Fire Prevention Code
Outdoor entertainment permit require- Adopted 38-26
ments 10-62(5) Inspector 38-27
Personal property control 2-207 Land development code;zoning
Public service tax 70-26 et seq. Nonconformities
See:TAXATION Intent;rules of interpretation;build-
Purchasing 2-216 et seq. ing and fire codes;definitions 110-191
See:PURCHASES AND PURCHASING Life Safety Code
Quarterly report of income and expendi- Adopted 38-28
tures 2-206 Fire inspector 38-29
Sewer impact fees Lockboxes required 38-32
Payment 78-122 Fire protection services; emergency medi-
Use of funds 78-127 cal services 38-56
Travel reimbursement policies and proce- Fireworks generally 38-81 et seq.
dures 2-300 See:FIREWORKS
Flammable materials and liquids
FINES,FORFEITURES AND OTHER PEN- Storage and dispensing restrictions.... 38-4
ALTIES Hazardous materials and substances
Certain ordinances not affected by Code 1-10(a)(1) Abatement 38-91
Code does not affect prior penalties or Cleanup 38-91
forfeitures incurred i-8 Cost recovery 38-93
Code enforcement Definitions 38-90
Criminal nuisance abatement board Violations and penalties 38-93
Penalties;fines;liens;recording 2-297 Impact fees generally 2-231 et seq.
Effect of repeal of ordinances on penalties See: IMPACT FEES
incurred 1-9(b) Inspector
Franchise regulations in general. See: Florida Fire Prevention Code 38-27
FRANCHISES(Appendix A) Life Safety Code. See herein: Fire Preven-
General penalty; attorneys' fees and costs 1-15 tion Codes
Penalties for specific acts,omissions,viola- Lockboxes
tions,etc. See specific subjects as in- Fire prevention code requirements 38-32
dexed Required 38-32
Supp. No. 17 CDi:10
CODE INDEX
Section Section
FIRE PREVENTION(Cont'd.)
Outdoor entertainment permit require-
ments 10-62(4)
Private entry gates 38-33
Safety fees 38-2
Smoke detectors to have battery backup 38-7
Violations and penalties 38-1
Volunteer fire department 38-57
FIREWORKS
Application for permit;fees 38-83
Attending firefighters 38-88
Definitions 38-81
Insurance 38-86
Investigation of applicant; issuance or de-
nial of permit 38-84
Operators 38-85
Private use, storage, display prohibited;
public displays authorized by permit
only 38-82
Storage of materials 38-87
FIRMS
Persons;definitions and rules of construc-
tion extended and applied to 1-2
FLOOD DAMAGE PREVENTION
Civil emergencies 18-1 et seq.
See: CIVIL EMERGENCIES
Fees schedule in general. See: FEES (Ap-
pendix B)
Supp. No. 17 CDi:10.1
�-Jtl
CODE INDEX
0Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Dimension or area reduction below Special exceptions permissible by
minimum 110-254 board of adjustment 110-334
M-1 Light Industrial and Research C-2 Commercial/Manufacturing District
and Development District 110-356 Accessory uses and structures 110-382
R-1 Low Density Residential District 110-276 Area and dimensions 110-385
R-3 Medium Density Residential Dis- Intent 110-380
trict 110-316 Landscaping, screening and parking 110-387
Residential planned unit develop- Minimum setbacks 110-386
menta Parking and loading 110-389
Minimum lot area 110-439 Performance standards 110-388
Reuse of area used for density calcu- Principal uses and structures 110-381
lation 110-253 Prohibited uses and structures 110-384
Townhouses 110-372 Special exceptions permissible by
Atomic energy uses 110-480 board of adjustment 110-383
Board of adjustment 110-2 Camping equipment
See also herein: Variances, Special Location of 110-551
Exceptions,Administrative Ap- Cam in
peals p g equipment,boats and boat trail-
Boats and boat trailers ers,location of 110-551
Living aboard 110-552 Certificate of occupancy
Location of 110-551 Hotels and motels 110-122
Bonding Required 110-121
Residential planned unit develop- Commercial districts
ments 110-407 C-1 Low Density Commercial District 110-331 et seq.
Boundaries See within subheading: C-1 Low
Reconsideration of district boundary Density Commercial District
Cchanges 110-139 C-2 Commercial/Manufacturing Dis-
Rules for interpretation of district trict 110-380 et seq.
boundaries 110-248 See within this subheading: C-2
Breeze requirements Commercial/Manufacturing
R-3 Medium Density Residential Dis- District
trict, minimum breeze require- Landscaping and screening between
ment 110-319 commercial or industrial zoning
Building official districts and residential zoning
Duties of 110-88 districts 110-566
Building permits Commercial uses
Residential planned unit develop- Buildings required for 110-481
ments 110-406 Common recreation and open space
Townhouses 110-378 Residential planned unit develop-
Buildings ments,minimum 110-404, 110-
Continuance of nonconforming struc- 438
tures 110-193 Complaints of violations 110-90
Lot and street requirements for 110-255 Conflicts with other ordinances 110-86
Nonconforming uses of structures or Conformity to plans, specifications, in-
of structures and premises in tendment uses and applications 110-91
combination,change of use .... 110-195 Construction
Required for commercial uses 110-481 Swimming pools 110-581
Setback lines 110-536 Courts,minimum width of 110-473
Structures approved by special excep- Dedication
tions 110-161 Public easement 110-477
C-1 Low Density Commercial District Public land 110-476
Accessory uses and structures 110-333 Definitions 110-1
Area and dimensions 110-336 Density
Intent 110-331 C-1 Low Density Commercial District 110-331 et seq.
Landscaping, screening and parking 110-338 See within subheading: C-1 Low
Minimum setbacks 110-337 Density Commercial District
Offstreet parking and access 110-339 R-1 Low Residential District 110-271 et seq.
, Principal uses and structures 110-332 See within subheading: R-1 Low
Prohibited uses and structures 110-335 Residential District
NIlaw
Supp.No. 17 CDi:21
CAPE CANAVERAL CODE
3
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
R-2 Medium Density Residential Dis- Regulations for specific districts. See
trict 110-291 et seq. within specific districts as in-
See within subheading: R-2 Me- dexed
dium Density Residential Dis- Reuse of area used for density calcu-
trict lations 110-253
R-3 Medium Density Residential Dis- Rules for interpretation of district
trict 110-311 et seq. boundaries 110-248
See within subheading: R-3 Me- Structure, height,maximum use, lot
dium Density Residential Dis- area,setbacks 110-251
trict Unusual uses or uses not specifically
Residential planned unit develop- permitted 110-257
ments Drainage systems
Maximum density 110-437 Residential planned unit develop-
Reuse of area used for density calcu- ments 110-404
lation 110-253 Dune crossovers
Development districts R-3 Medium Density Residential Dis-
M-1 Light Industrial and Research trict 110-320
and Development District 110-351 et seq. Easements
See within this subheading: M-1 Dedicated public easements 110-477
Light Industrial and Research Emergency pad-mounted generators 110-484
and Development District Encroachments
Setbacks 110-328
Development plans
Residential planned unit develop- Fences,walls and hedges 110 470
ments 110-421 et seq. Floor area
See within this subheading: Resi- Residential planned unit develop
dential Planned Unit Devel- menu,minimum 110-441
Frontage
opments Residential planned unit develop3
-
Development schedule ments 110-439
Townhouses 110-379 Garage sales 110-467
Development standards Generators
Residential planned unit develop- Emergency pad-mounted generators. 110-484
ments 110-444 Height
Dimensions District 110-251
C-1 Low Density Commercial District 110-336 Exceptions to regulations 110-471
M-1 Light Industrial and Research Home occupations
and Development District 110-356 Local business tax receipt required.. 110-523
Offstreet loading 110-507 Permitted home occupations 110-521
R-1 Low Density Residential District 110-276 Requirements 110-522
R-2 Medium Density Residential Dis- Hotels and motels
trict 110-296 Certificate of occupancy 110-122
R-3 Medium Density Residential Dis- Individually platted lots
trict 110-316 Townhouses 110-377
Townhouses 110-372 Industrial districts
Districts Landscaping and screening between
Annexations, zoning classification of 110-256 commercial or industrial zoning
Application of district requirements. 110-249 districts and residential zoning
Conformity 110-250 districts 110-566
Dimension or areas reduction below M-1 Light Industrial and Research
minimum 110-254 and Development District 110-351 et seq.
Duplicate use of setbacks,open space, See within this subheading: M-1
parking space 110-252 Light Industrial and Research
Lot and street requirements for struc- and Development District
tures 110-255 Intersections
Official zoning map Visibility at 110-469
Adopted 110-246 Interpretation of provisions 110-87
Replacement 110-247 Land
Reconsideration of district boundary Continuance of nonconforming uses
changes 110-139 of 110-194
3
Supp.No. 17 CDi:22
CODE INDEX
0
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Landscaping and vegetation Prohibited uses and structures 110-355
C-1 Low Density Commercial District 110-338 Special exceptions permissible by
C-2 Commercial/Manufacturing Dis- board of adjustment 110-354
trict 110-387 Maximum use
Interior landscaping for offstreet park- District 110-251
ing areas 110-567 Medium density residential district
Landscaping and screening between R-2 Medium Density Residential Dis-
commercial or industrial zoning trict 110-291 et seq.
districts and residential zoning See within subheading: R-2 Me-
districts 110-566 dium Density Residential Dis-
M-1 Light Industrial and Research trict
and Development District 110-358 R-3 Medium Density Residential Dis-
Length of structures trict 110-311 et seq.
Residential planned unit develop- See within subheading: R-3 Me-
ments,maximum 110-440 dium Density Residential Dis-
Light industrial districts trict
M-1 Light Industrial and Research Mobile home parks
and Development District 110-351 et seq. Nonconforming uses 110-192
See within this subheading: M-1 Nonconformities
Light Industrial and Research Abandonment 110-197
and Development District Continuance of nonconforming struc-
Liquefied petroleum gas 110-485
Loading tures 110-193
M-1 Light Industrial and Research Continuance of nonconforming uses
and Development District 110-360 of land 110-194
Local business tax receipt required .... 110-523 Intent;rules of interpretation;build-
Location ing and fire codes;definitions 110-191)
Offstreet loading 110-507 Mobile home parks and single-family
Recreational vehicles,camping equip- mobile home districts 110-192
went,boats and boat trailers.. 110-551 Nonconforming lots of record 110-196
Spaces Nonconforming uses of structures or
Offstreet parking 110-492 of structures and premises in
Swimming pools 110-581 combination;change of use .... 110-195
Lots Repairs and maintenance 110-198
Area Special permit 110-200
District 110-251 Temporary uses 110-199
Residential planned unit develop- Number of spaces
ments 110-439 Offstreet parking 110-491
Erection of more than one principal Official zoning map
structure on 110-537 Adopted 110-246
Requirements for structures 110-255 Replacement 110-247
Low density commercial district Offstreet loading
C-1 Low Density Commercial District 110-331 et seq. Location and dimensions of space 110-507
See within subheading: C-1 Low Requirements spaces 110-506
Density Commercial District Offstreet parking
Low density residential district Access 110-493
R-1 Low Residential District 110-271 et seq. C-1 Low Density Commercial District 110-339
See within subheading: R-1 Low Interior landscaping for offstreet park-
Density Residential District ing areas 110-567
M-1 Light Industrial and Research and Location spaces 110-492
Development District Number of spaces required 110-491
Accessory uses and structures 110-353 R-1 Low Density Residential District 110-278
Area and dimension 110-356 R-2 Medium Density Residential Dis-
Intent 110-351 trict 110-298
Landscaping, screening and parking 110-358 R-3 Medium Density Residential Dis-
Minimum setbacks 110-357 trict 110-318
Parking and loading 110-360 Residential planned unit develop-
Performance standards 110-359 ments 110-442
Principal uses and structures 110-352 Townhouses 110-374
Supp. No. 17 CDi:23
CAPE CANAVERAL CODE
0
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Open space Prohibited uses and structures
Duplicate use of 110-252 C-2 Commercial/Manufacturing Dis-
Parking trict 110-384
C-1 Low Density Commercial District 110-338 M-1 Light Industrial and Research
C-2 Commercial/Manufacturing Dis- and Development District 110-355
trict 110-387, 110- R-1 Low Density Residential District 110-275
389 R-2 Medium Density Residential Dis-
Certain vehicles 110-554 trict 110-295
M-1 Light Industrial and Research R-3 Medium Density Residential Dis-
and Development District 110-358, 110 trict 110-315
360 Public land
R-3 Medium Density Residential Dis Dedicated 110-476
trict
Protection of public beach-end park- R-1 Low Density Residential District
ing 110-321 Accessory uses and structures 110-273
Parking space Area and dimensions 110-276
Duplicate use of 110-252 Intent 110-271
Paving of vehicular use area 110-555 Minimum setbacks 110-277
Penalties for violations 110-89 Offstreet parking and access 110-278
Performance standards Principal uses and structures 110-272
Application of 110-466 Prohibited uses and structures 110-275
M-1 Light Industrial and Research Special exceptions permissible by
and Development District 110-359 board of adjustment 110-274
Permissible uses and structures R-2 Medium Density Residential Dis-
R-1 Low Density Residential District 110-272 trict 110-296
R-3 Medium Density Residential Dis- Accessory uses and structures 110-293
trict 110-312 Area and dimension 110-2960
Permits Intents 110-291
Application 110-107 Minimum setbacks 110-297
Expiration 110-108 Offstreet parking and access 110-298
Required 110-106 Principal uses and structures 110-292
Temporary alcoholic beverage per- Prohibited uses and structures 110-295
mits 110-172 Special exceptions permissible by
Permitted home occupation 110-521 board of adjustment 110-294
Permitted uses R-3 Medium Density Residential Dis-
Residential planned unit develop- trict
ments 110-403 Accessory uses and structures 110-313
Townhouses 110-371 Areas and dimensions 110-316
Physical review Dune crossovers required 110-320
Residential planned unit develop- Intent 110-311
ments 110-405 Minimum breeze requirement 110-319
Planning and zoning board 110-3 Minimum setbacks 110-317
Preservation Offstreet parking and access 110-318
Residential planned unit develop- Principal uses and structures 110-312
ments 110-445 Prohibited uses and structures 110-315
Principal uses and structures Protection of public beach-end park-
C-1 Low Density Commercial District 110-332 ing 110-321
C-2 Commercial/Manufacturing Dis- Special exception permissible by board
trict 110-381 of adjustment 110-314
M-1 Light Industrial and Research Recreational vehicles
and Development District 110-352 Location of 110-551
R-2 Medium Density Residential Dis- Regulations pertaining to specific dis-
trict 110-292 tricts. See within specific districts
Private roads and other related common as indexed
facilities Rental restrictions on dwelling units... 110-487
Residential planned unit develop- Repairs and maintenance
ments 110-404 Nonconformities 110-198
0
Supp.No. 17 CDi:24
CODE INDEX
0
Section 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 districts110-566
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-
C Development plans
Application
trict,minimum setbacks 110-317
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
0 tive Appeals and Development District 110-354
Satellite dishes 110-478 R-1 Low Density Residential District 110-274
Supp.No. 17 CDi:25
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
R-2 Medium Density Residential Dis- Procedure 110-39
trict 110-294 Special notice requirements 110-28
R-3 Medium Density Residential Dis- Staff review 110-30
trict 110-314 Variances
Storing Applicant obligations 110-36
Certain vehicles 110-554 Procedure 110-37
Streets Vegetation.See within this subheading:
Requirements for structures 110-255 Landscaping or Vegetation
Structures.See within subheading:Build- Vehicles and vessels
ings Living aboard boats 110-552
Swimming pools Living or residing in boats, utility
Accessories 110-583 trailers,recreational vehicles and
Barriers 110-582 special purpose vehicles 110-553
Construction and location 110-581 Location of recreational vehicles,camp-
Minimum setbacks 110-584 ing equipment, boats and boat
Temporary uses trailers 110-551
Nonconformities 110-199 Parking and storage of certain vehi-
Termination zone des 110-554
Residential planned unit develop- Paving of vehicular use areas 110-555
ments 110-408 Vehicle rental facility 110-556
Towers Vehicular use areas,paving of 110-555
Wireless communications 110-483 Vessels.See within this subheading:Ve-
Townhouses hides and Vessels
Area and dimensions 110-372 Visibility at intersections 110-469
Building permit 110-378 Water areas 110-474
Development schedule 110-379 Width
Individually platted lots 110-377 Courts,minimum width of 110-473
Minimum setbacks 110-373 Wireless communications towers and an0
-
Offstreet parking 110-374 tennas 110-483
Permitted use 110-371 Zoning districts. See herein:Zoning
Utilities 110-375
Underground utilities LANDSCAPING
Residential planned unit develop- Appearance and maintenance 34-99
ments 110-443 Beautification board 2-181 et seq.
Required 110-482 See:BEAUTIFICATION BOARD
Unusual uses or uses not specifically Land development code regulations re zon-
permitted 110-257 ing 110-26 et seq.
Uses See:LAND DEVELOPMENT CODE
Approved by special exceptions 110-161 Sanitary sewer system 78-26 et seq.
Utilities See: SEWERS AND SEWAGE DIS-
Townhouses 110-375 POSAL
Underground,required 110-482 Tree protection,land clearing 102-36 et seq.
Variances,special exceptions,rezonings, See:LAND DEVELOPMENT CODE
administrative appeals;procedures LAW ENFORCEMENT
Abandonment 110-32
Administrative appeals 110-40 Alarm systems generally 30-26 et seq.
Appellate review 110-33 See:ALARM SYSTEMS
Applications 110-29 Impact fees generally 2-231 et seq.
Authority 110-27 See: IMPACT FEES 42-26
Due process 110-28 Police department
Expiration of variance or special ex- LEASES
ception;abandonment 110-32 Certain ordinances not affected by Code.. 1-10(a)(2)
Intent and purpose 110-26 City attorney
Reconsideration 110-31 Duties 2-126(6)
Rezonings
Procedure 110-35 LIBRARY
Rezoning applicant obligations 110-34 Established 46-1
Special exception Fees schedule in general. See: FEES (Ap-
Applicant obligations 110-38 pendix B)
0
Supp.No. 17 CDi:26
A0 .
CODE INDEX
Section Section
LIBRARY(Cont'd.) LICENSES AND PERMITS(Cont'd.)
Impact fees generally 2-231 et seq. Vehicles for hire
See: IMPACT FEES Certificate of public convenience and
Library board necessity license 80-26 et seq.
Created 46-26 Driver's permit 80-51 et seq.
Expenditures 46-27 Licenses and fees to be in addition to
Indebtedness 46-33 other taxes and charges 80-3
Liability of city limited 46-31 Vested rights 115-3 et seq.
Meetings 46-30 See:VESTED RIGHTS
Reports to council 46-32 Wastewater discharge permits 78-98
LICENSES AND PERMITS LIENS
Adult entertainment establishment license 10-93 et seq. Abandoned property
Collection of lien on private property re
Alarm systems 30-27 et seq.
See:ALARM SYSTEMS towing,storage,expenses 34-188
Building sewers Application for satisfaction or release of
Permit for connections 78-77 code enforcement liens 2-260
Buildings and building regulations 82-1 et seq. Code enforcement
See:LAND DEVELOPMENT CODE Criminal nuisance abatement board
Community appearance review board
Penalties;fines;liens;recording 2-297
Permits LIFE SAFETY CODE. See: FIRE PREVEN-
Appeals and review 22-46 TION
Application criteria 22-44
Approval prerequisite for permits 22-40 LIGHT INDUSTRIAL DISTRICT
Building permits;enforcement 22-47 Land development code regulations re zon-
Notice of approval or denial 22-43 ing 110-26 et seq.
Concurrency management system 86-1 et seq. See:LAND DEVELOPMENT CODE
C See:LAND DEVELOPMENT CODE LIGHTS AND LIGHTING
Excavations Definitions 34-206
Street excavation permit requirements. 66-81 et seq. Exceptions 34-210
Fees schedule in general. See: FEES (Ap- Method of measurement 34-211
pendix B) Policy established 34-207
Fireworks permit(public display) 38-82 et seq. Sea turtles
Flood damage prevention 90-26 et seq. Publicly owned lighting regulations.... 14-57
See:LAND DEVELOPMENT CODE Signs 94-63
Land development code regulations re zon- Solid waste
ing 110-26 et seq. Transporting regulations 62-7
See:LAND DEVELOPMENT CODE Spill-over lighting standards established34-209
Land development code;zoning Vehicles for hire 80-76(c)
Nonconformities
Special permit 110-200 LIQUEFIED PETROLEUM GAS
Motion and still photography production Land development code
Zoning;liquefied petroleum gas 110-485
permits 16-60 et seq.
See:PHOTOGRAPHY Public service tax 70-26 et seq.
Political signs 94-78 See:TAXATION
Sewer impact fee requirements 78-125 LITTER AND LITTERING
Sexually oriented business license 10-93 et seq. Abatement;assessment 34-43
Signs Aircraft,dropping from 34-35
Land development code regulations.... 94-1 et seq. Burial of trash,rubbish or other debris 34-41
See:LAND DEVELOPMENT CODE Definitions 34-26
Solicitors, peddlers and itinerant mer- Enforcement 34-42
chants permit requirement 16-51 et seq. Gutters,sweeping into prohibited 34-31
See: PEDDLERS, CANVASSERS AND Handbills
SOLICITORS Depositing on uninhabited or vacant pre-
Street excavation permit requirements ... 66-81 et seq. mises 34-53
See: STREETS, SIDEWALKS AND Distribution prohibited where property
OTHER PUBLIC WAYS posted 34-54
C Temporary storage units(permit) 82-400 Inhabited private premises,distribution
Tree protection,land clearing 102-39, 102-40 at 34-55
Supp. No. 17 CDi:27
CAPE CANAVERAL CODE
Section Section 0
LITTER AND LITTERING(Cont'd.) MAPS.See: SURVEYS,MAPS AND PLATS
Throwing or distributing in public places 34-51
Vehicles,placing on 34-52 MARQUEES
Merchant's Signs
Duty to keep sidewalks free of litter 34-32 Land development code regulations.... 94-1 et seq.
Occupied private property,depositing on34-37 See:LAND DEVELOPMENT CODE
Owner's maintenance of premises 34-38 MAYOR
Posting notices prohibited 34-40 City manager
Property maintenance standards 34-91 et seq. Powers and duties 2-101(3)
See: PROPERTY MAINTENANCE Civil emergencies generally 18-1 et seq.
STANDARDS See:CIVIL EMERGENCIES
Public places,litter in 34-29 Persons authorized to declare 18-2
Receptacles,placement in 34-30
River or other body of water,throwing in 34-36 MEDICAL SERVICES
Sidewalks Fire protection services; emergency medi-
Merchant's duty to keep sidewalks free cal services 38-56
of litter 34-32
Truck loads 34-34 MERCHANTS.See:PEDDLERS,CANVASS-
Unlawful deposit 34-28 ERS AND SOLICITORS
Vacant lots,depositing on 34-39 METERS
Vehicles Franchise regulations in general. See:
Litter throwing by persons in vehicle 34-33 FRANCHISES(Appendix A)
Wetlands protection 106-26 et seq. Taximeters 80-76(f)
See:LAND DEVELOPMENT CODE
LOADING AND UNLOADING MINORS
Fireworks
Offstreet loading Operator regulations 38-85
Land development code regulations re Sexually oriented businesses, adult enter-
zoning 110-26 et seq. tainment establishments 10-86 et seq. 0
See:LAND DEVELOPMENT CODE Unlawful provisions re minors 10-122
Out of repair vehicles
Noises,enumeration of prohibited 34-153(7) MOBILE HOMES AND MOBILE HOME
PARKS
LOADS Beautification board
Truck loads causing litter 34-34 2-181 et seq.
q•
LOCAL IMPROVEMENTS. See: PUBLIC See:BEAUTIFICATION BOARD
WORKS AND IMPROVEMENTS Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE
LOCAL PLANNING AGENCY Land development code regulations re zon-
Designation and establishment 58-56 et seq. ing 110-26 et seq.
See:PLANNING AND DEVELOPMENT See:LAND DEVELOPMENT CODE
LOTS Land development code;zoning
Land development code regulations re zon- Nonconformities
ing 110-26 et seq. Mobile home parks and single-family
See:LAND DEVELOPMENT CODE mobile home districts 110-192
Subdivisions MONIES OF CITY. See:FINANCES
Land development code regulations.... 98-1 et seq.
See:LAND DEVELOPMENT CODE MONTHS
Definitions and rules of construction 1-2
LOUDSPEAKERS Public service tax,monthly computation 70-34
Noises,enumeration of prohibited 34-153(3)
MONUMENTS AND MARKERS
M Subdivisions
Land development code regulations.... 98-1 et seq.
MALT BEVERAGES.See:ALCOHOLIC BEV- See:LAND DEVELOPMENT CODE
ERAGES
MOTOR VEHICLES AND TRAFFIC
MANUFACTURED GAS Alcoholic beverages
Public service tax 70-26 et seq. Motor vehicle regulations 6-51 et seq.
See:TAXATION See:ALCOHOLIC BEVERAGES
Supp.No. 17 CDi:28
CODE INDEX
0
Section Section
MOTOR VEHICLES AND TRAFFIC(Cont'd.) MOTOR VEHICLES AND TRAFFIC(Cont'd.)
Concurrency management system 86-1 et seq. Truck routes
See: MOTOR VEHICLES AND TRAF- Established 74-30
FIC Inside origin 74-30(2)
Dune parking prohibited 74-59 Maps of truck routes 74-31
Exhaust Outside origin 74-30(1)
Noises,enumeration of prohibited 34-153(6) Signs for truck routes 74-32
Fire lanes Vehicles for hire 80-1 et seq.
Designation of 74-62 See:VEHICLES FOR HIRE
Handbills
Placing in vehicles 34-52 MOTORBOATS. See: BOATS, DOCKS AND
Land development code regulations re zon- WATERWAYS
ing 110-26 et seq. MUFFLERS
See:LAND DEVELOPMENT CODE
Litter Noises,enumeration of prohibited 34-153(6)
Throwing by person in vehicles 34-33 MUSICAL INSTRUMENTS
Mack routes Noises,enumeration of prohibited 34-153(2)
74-31
No parking zone,authority to establish... 74-58
Noises N
Exhausts 34-153(6)
Horns,signal devices 34-153(1) NATURAL DISASTERS. See: CIVIL EMER-
Out of repair vehicles 34-153(7) GENCIES
Out of repair vehicles NATURAL GAS
Noises,enumeration of prohibited 34-153(7)
Public service tax 70-26 et seq.
Outdoor entertainment permit require- See:TAXATION
ments 10-62(4)
C Overnight parking 74-61 NOISE
Parking,stopping and standing Construction noise 34-154
County's civil traffic infraction hearing Declaration of policy to prohibit noise 34-151
officer program adopted 74-63 Enumeration of prohibited noises 34-153
Dune parking prohibited 74-59 Land development code regulations re zon-
Fire lanes,designation of 74-62
No parking zones,authority to establish 74-58 ing 110-26 et seq.
Overnight parking 74-61 See:LAND DEVELOPMENT CODE
Penalties 74-57 NUDITY
State law adopted 74-56 Alcoholic beverage establishments
Truck parking 74-60 Nudity on premises where served, con-
Signs sumed or stored 6-27
Land development code regulations.... 94-1 et seq. Sexually oriented businesses, adult enter-
See:LAND DEVELOPMENT CODE tainment establishments 10-86 et seq.
Truck routes 74-32
Solicitors, peddlers and itinerant mer- NUISANCES
chants 16-26 et seq. Abandoned property generally 34-181 et seq.
See: PEDDLERS, CANVASSERS AND See:ABANDONED PROPERTY
SOLICITORS Criminal nuisance abatement board 2-292 et seq.
Solid waste See:CODE ENFORCEMENT
Transporting regulations 62-7 General penalty; attorneys' fees and costs 1-15(b)
Stopping and standing. See herein: Park- Noise generally 34-151 et seq.
ing,Stopping and Standing See:NOISE
Through streets,parking,etc. Property maintenance standards 34-91 et seq.
Certain ordinances not affected by Code 1-10(a)(8) See: PROPERTY MAINTENANCE
Travel on other than streets or highways. 74-1 STANDARDS
Trucks Spill-over lighting 34-206 et seq.
Applicability of provisions 74-27 See:LIGHTS AND LIGHTING
Definitions 74-26 Weeds and vegetation 34-121 et seq.
Exceptions 74-29 See: WEEDS AND DEAD VEGETA-
Parking 74-60 TION
Penalties 74-28 Notice to remedy notices 34-123
Truck loads 34-34 Public nuisances prohibited 34-122
Supp. No. 17 CDi:29
CAPE CANAVERAL CODE
0
Section Section
NUMBERS AND NUMBERING OFFICERS AND EMPLOYEES(Cont'd.)
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
O Joint authority
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
OBNOXIOUS SUBSTANCES City council 2-63
Property maintenance standards 34-91 et seq. Travel reimbursement policies and proce-
See: PROPERTY MAINTENANCE dures
STANDARDS Reimbursement policy and procedures
for official travel 2-300
OBSCENITY. See: INDECENCY AND OB-
SCENITY ORDINANCES,RESOLUTIONS,ETC.
City attorney
OBSTRUCTIONS Duties 2-126(4)
Signs City council
Land development code regulations.... 94-1 et seq. Preparation of ordinances and resolu-
See:LAND DEVELOPMENT CODE tions prior to meetings 2-59
Solid waste collection 62-11 County animal control ordinance 14-26 et seq.
OCCUPANCY
See:ANIMALS AND FOWL
Franchise regulations in general. See: Franchise regulations in general. See:
FRANCHISES(Appendix A) FRANCHISES(Appendix A)
Street abandonment,ordinance required . 66-39
OCCUPATIONAL LICENSE TAX. See: TAX-
ATION OUTDOOR ADVERTISING
Signs
OFFENSES Land development code regulations 94-1 et seq.
Abandoned property 34-181 et seq. See:LAND DEVELOPMENT CODE
See:ABANDONED PROPERTY
Certain ordinances not affected by Code 1-10(a)(1) OUTDOOR ENTERTAINMENT
Code does not affect prior offenses 1-8 Compliance with other laws 10-47
Court costs for police education and train- Definitions 10-46
ing 50-3 Exceptions to provisions 10-50
Effect of repeal of ordinances and offenses Fees schedule in general. See: FEES (Ap-
committed 1-9(b) pendix B)
General penalty; attorneys'fees and costs 1-15 Local business tax receipt required 10-49
Penalties for specific acts,omissions,viola- Penalties for violations 10-48
tions,etc. See specific subjects as in- Permit
dexed Application 10-62
State misdemeanor acts adopted,penalties 50-1 Cash cleanup bond 10-64
Fee 10-63
OFFICERS AND EMPLOYEES Required 10-61
Acting city manager 2-102
Animal control officer 14-27 OWNER
City clerk
Definitions and rules of construction 1-2
Duties 2-116
City engineer P
Duties 2-141
City manager 2-101 et seq. PARKING
Powers and duties 2-101 General regulations 74-56 et seq.
City treasurer See: MOTOR VEHICLES AND TRAF-
0
Duties 2-141 FIC
Supp.No. 17 CDi:30
CODE INDEX
0
Section Section
PARKS AND RECREATION PENALTIES. See: FINES, FORFEITURES
Alcoholic beverages AND OTHER PENALTIES
Ocean Beach 6-53
Possession and consumption 6-52 PERSON
Animals Definitions and rules of construction 1-2
Prohibited in parks 14-28 PERSONNEL. See: OFFICERS AND EM-
Beautification board 2-181 et seq.
PLOYEES
See:BEAUTIFICATION BOARD
Boats,vessels regulated 54-46 et seq. PHONOGRAPHS
See: BOATS, DOCKS AND WATER- Noises,enumeration of prohibited 34-153(2)
WAYS
Commercial solicitation 54-4 PHOTOGRAPHY
Concurrency management 86-1 et seq. Motion and stilloto a h
h
p gr p y production
See:LAND DEVELOPMENT CODE permits
Fees schedule in general. See: FEES(Ap- Application for permit 16-66
pendix B) City manager to act as agent for city 16-64
Glass container prohibited 54-1 Definitions 16-63
Impact fees generally 2-231 et seq. Nonexemption from other city Code re-
See: IMPACT FEES quirements 16-67
Litter Purposes 16-61
Throwing in river or other body of water Recovery of costs for extraordinary ser-
in parks 34-36 vices 16-68
Open fires restricted 54-3 Required 16-65
Park hours 54-2 Suspension and revocation 16-65
Recreation board Title 16-60
Duties 54-28 Violations and penalties 16-65
Established 54-26
C Indebtedness 54-29 PIPE LINES
Street excavations 66-61 et seq. Franchise regulations in general. See:
See: STREETS, SIDEWALKS AND FRANCHISES(Appendix A)
OTHER PUBLIC WAYS PLANNED UNIT DEVELOPMENTS
Vessels regulated 54-46 et seq.
See: BOATS, DOCKS AND WATER Land development code regulations re zon-
WAYS ing 110-26 et seq.
Wetlands protection 106-26 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE PLANNING AND DEVELOPMENT
PARTNERSHIPS Beautification board 2-181 et seq.
Persons;definitions and rules of construc- Business and cultural development board22-26 et seq.
tion extended and applied to 1-2 Community appearance review board .... 22-36 et seq.
Comprehensive plan
PEDDLERS, CANVASSERS AND SOLICI- Designation of agency,department,corn-
TORS mittee or person to prepare 58-58
Definitions 16-26 Flood damage prevention 90-26 et seq.
Fraud 16-30 See:LAND DEVELOPMENT CODE
Harassment prohibited 16-28 Franchise regulations in general. See:
Parks and recreation FRANCHISES(Appendix A)
Commercial solicitation 54-4 Impact fees generally 2-231 et seq.
Permission to enter premises required.... 6-27 See: IMPACT FEES
Permit Land development code regulations re zon-
Appeals 16-56 ing 110-26 et seq.
Application 16-52 See:LAND DEVELOPMENT CODE
Badge for solicitors 16-57 Local planning agency
Exhibition of permit on request 16-58 Designation and establishment 58-56
Investigation;denial or issuance of;record 16-53 Designation of agency,department,corn-
Notice of hearing 16-55 mittee or person to prepare com-
Required 16-51 prehensive plan 58-58
Revocation 16-54 Duties and responsibilities 58-57
0 Report of violations 16-31 Notice requirement for amendments to fu
Solicitor to leave when requested 16-29 ture land use map 58-1
Supp.No. 17 CDi:31
CAPE CANAVERAL CODE
3
Section Section
PLANNING AND DEVELOPMENT(Cont'd.) POLITICAL SIGNS
Plan checking fee Signs
Fees schedule in general. See: FEES Land development code regulations.... 94-1 et seq.
(Appendix B) See:LAND DEVELOPMENT CODE
Planning and zoning board 110-3 PROCEEDINGS.See:SUITS,ACTIONS AND
See:LAND DEVELOPMENT CODE OTHER PROCEEDINGS
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE DIS- PROFESSIONS
POSAL Local business tax 70-66 et seq.
Signs See:TAXATION
Land development code regulations.... 94-1 et seq. PROPERTY
See:LAND DEVELOPMENT CODE Abandoned property generally 34-180 et seq.
Street excavations 66-61 et seq. See:ABANDONED PROPERTY
See: STREETS, SIDEWALKS AND Code enforcement citations
OTHER PUBLIC WAYS Enter upon property (inspection war-
Subdivisions rant) 2-290
Land development code regulations.... 98-1 et seq. Criminal nuisance abatement board 2-292 et seq.
See:LAND DEVELOPMENT CODE See:CODE ENFORCEMENT
Tree protection,land clearing 102-36 et seq. Eminent domain powers re economic devel-
See:LAND DEVELOPMENT CODE opment 2-70
Vested rights 115-1 et seq. Numbering of buildings and property 82-366 et seq.
See:VESTED RIGHTS See:LAND DEVELOPMENT CODE
Property maintenance code 82-221 et seq.
PLANT LIFE.See:WEEDS AND DEAD VEG- Buildings and building regulations.See:
ETATION LAND DEVELOPMENT CODE
Signs
PLATS.See:SURVEYS,MAPS AND PLATS Land development code regulations 94-1 et seq.
See:LAND DEVELOPMENT CODE3
PLUMBING Sleeping and camping in public areas and
Fees schedule in general. See: FEES(Ap- beaches 50-4
pendix B) Vested rights 115-1 et seq.
Flood damage prevention 90-26 et seq. See:VESTED RIGHTS
See:LAND DEVELOPMENT CODE PROPERTY MAINTENANCE STANDARDS
Public service tax 70-26 et seq. Authority 34-92
See:TAXATION Building appearance and maintenance 34-98
Sanitary sewer system 78-26 et seq. Definitions 34-91
See: SEWERS AND SEWAGE DIS- Duties and responsibilities for mainte-
POSAL nance 34-97
Maintenance of plumbing system 78-35 Enforcement 34-95
Landscape appearance and maintenance 34-99
POLES AND WIRES Purpose 34-94
Cable television franchise. See: FRAN- Scope 34-93
CHISES(Appendix A) Sign appearance and maintenance 34-100
Signs Standards established 34-96
Land development code regulations.... 94-1 et seq.
See:LAND DEVELOPMENT CODE PROPERTY MANAGEMENT
Personal property control
POLICE DEPARTMENT Definitions 2-207(a)
Court costs for police education and train- Property acquisition 2-207(d)
ing 50-3 Property supervision and control 2-207(c)
Fees schedule in general. See: FEES (Ap- Record and inventory of property 2-207(b)
pendix B) Recording the disposal of property 2-207(f)
Police department Surplus property disposition 2-207(e)
Duties of chief of police and/or precinct Valuation of property 2-207(g)
supervisor 42-26 PUBLIC NUDITY.See:NUDITY
Vehicles for hire
Receiving police radio calls prohibited; PUBLIC RECORDS. See: RECORDS AND
radios which may be used 80-81 REPORTS
3
Supp. No. 17 CDi:32
CODE INDEX
0
Section Section
PUBLIC SERVICE TAX PURCHASES AND PURCHASING(Cont'd.)
Generally 70-26 et seq. Ineligible contractors 2-218(6)
See:TAXATION Notice 2-218(1)
PUBLIC SEWERS.See:SEWERS AND SEW- Open market purchase procedures 2-219
AGE DISPOSAL Performance bond 2-218(9)
Personal property control
PUBLIC THOROUGHFARES.See:STREETS, Property acquisition 2-207(d)
SIDEWALKS AND OTHER PUBLIC Property supervision and control 2-207(c)
WAYS Recording disposal of property 2-207(f)
Surplus property disposition 2-207(e)
PUBLIC VEHICLES Procedure 2-218
Vehicles for hire 80-1 et seq. Prohibition of interest
See:VEHICLES FOR HIRE Financial interest 2-226(a)
PUBLIC WAYS.See:STREETS,SIDEWALKS Gifts and rebates 2-226(b)
AND OTHER PUBLIC WAYS Purpose 2-217
Rejection of bids 2-218(5)
PUBLIC WORKS AND IMPROVEMENTS Sole source 2-220
Beautification board 2-181 et seq. Subdivision,prohibition against 2-223
See:BEAUTIFICATION BOARD Tie bids 2-218(8)
Certain ordinances not affected by Code.. 1-10(a)(11) Utilities service
Concurrency management 86-1 et seq. Purchase of 70-33
See:LAND DEVELOPMENT CODE Without collecting public service tax,
Flood damage prevention 90-26 et seq. purchase of 70-37
See: LAND DEVELOPMENT CODE PYROTECHNICS.See:FIREWORKS
Franchise regulations in general. See:
FRANCHISES(Appendix A)
Land development code regulations re zon- R
ing 110-26 et seq. RADIOLOGICAL WASTE.See:SOLID WASTE
See:LAND DEVELOPMENT CODE
Local planning agency 58-56 et seq. RADIOS
See:PLANNING AND DEVELOPMENT Noises,enumeration of prohibited 34-153(2)
Public service tax generally 70-26 et seq. Vehicles for hire
See:TAXATION Receiving police radio calls prohibited;
Signs radios which may be used 80-81
Land development code regulations.... 94-1 et seq. RAILROADS AND TRAINS
See:LAND DEVELOPMENT CODE Franchise regulations in
Street excavations 66-61 et seq. g general. See:
See: STREETS, SIDEWALKS AND FRANCHISES(Appendix A)
OTHER PUBLIC WAYS RECORDS AND REPORTS
Subdivisions City clerk
Land development code regulations98-1 et seq. Duties 2-116(1)
See:LAND DEVELOPMENT CODE Code enforcement
Weeds and vegetation 34-121 et seq. Criminal nuisance abatement board
See: WEEDS AND DEAD VEGETA- Penalties;fines;liens;recording 2-297
TION Franchise regulations in general. See:
Wetlands protection 106-26 et seq. FRANCHISES(Appendix A)
See:LAND DEVELOPMENT CODE Land development code;zoning
Nonconformities
PURCHASES AND PURCHASING Nonconforming lots of record 110-196
Availability of funds 2-225 Sewers
Award to other than low bidder 2-218(7) Industrial or commercial wastewater
Bid deposits 2-218(3) monitoring reporting re discharges 78-100
Bid opening 2-218(4) Sexually oriented businesses, adult enter-
Blanket purchase orders 2-224 tainment establishments license
City bidders list 2-218(2) Records,reports 10-105
Cooperative purchasing 2-222 Worker records 10-110
Definitions 2-216 Solicitors, peddlers and itinerant mer-
Emergency purchase 2-221 chants
Franchise regulations in general. See: Permit record 16-53
FRANCHISES(Appendix A) Report of violations 16-31
NeIUw
Supp.No. 17 CDi:33
CAPE CANAVERAL CODE
3
Section Section
RECORDS AND REPORTS(Cont'd.) SEA TURTLES.See:ANIMALS AND FOWL
Subdivisions SEAL OF CITY
Land development code regulations.... 98-1 et seq. City clerk
See:LAND DEVELOPMENT CODE 2-116(1)
Vehicles for hire Duties
Maintenance of records 80-85 SEPTIC TANKS
Report to accidents 80-88 Sanitary sewer requirements 78-34
RECREATION. See: PARKS AND RECRE- SERGEANT AT ARMS
ATION City council 2-63
RECYCLABLE MATERIALS SETBACKS
Residences 62-9(b) Land development code regulations re zon-
Solid waste generally 62-1 et seq. ing 110-26 et seq.
See:SOLID WASTE See:LAND DEVELOPMENT CODE
REFUSE. See:SOLID WASTE SEWERS AND SEWAGE DISPOSAL
REGULAR MEETINGS Building sewers and connections.See herein:
2-56 Industrial and Commercial Use
City council Commercial use.See herein:Industrial and
RESIDENTIAL DISTRICTS Commercial Use
Land development code regulations re zon- Concurrency management 86-1 et seq.
ing 110-26 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Connection with sewer
Signs 94-96 et seq. Late connection charge 78-28
Solid waste Required 78-27
Fees schedule in general. See: FEES Unlawful connection 78-29
(Appendix B) Deposit required 78-151
Disposal 78-33
RESIDENTIAL PLANNED UNIT DEVELOP- Failure to maintain plumbing system 78-363
MENTS Fees schedule in general. See: FEES(Ap-
Land development code regulations re zon- pendix B)
ing 110-26 et seq. Free service 78-37
See:LAND DEVELOPMENT CODE Impact fees
REVENUES OF CITY. See:FINANCES Change of use 78-128
Cost of living increase 78-129
REZONING Established 78-121
Certain ordinances not affected by Code.. 1-10(a)(9) Excessive quantity of wastewater 78-123
RIGHTS Full payment required prior to issuance
Certain ordinances not affected by Code.. 1-10(a)(4) of certificate or license 78-125
Code does not affect prior rights estab- Generally 2-231 et seq.
lished or occurring 1-8 See: IMPACT FEES
Offsite sewage plumbing 78-131
ROAD SIGNS Payment 78-122
Land development code regulations 94-1 et seq. Port Canaveral customers 78-130
Use of funds 78-127
ROBBERY ALARMS.See:ALARM SYSTEMS Industrial and commercial use
RUBBISH. See:SOLID WASTE Administrative enforcement procedures 78-59
Administrative penalties 78-60
S Applicability of provisions 78-54
Building sewers and connections
SALES Connecting sources of surface runoff
Utility service without collection of public or groundwater 78-84
service tax 70-40 Cost of installation;indemnification. 78-78
Elevations 78-82
SANITARY SEWER SYSTEM.See:SEWERS Excavations 78-83
AND SEWAGE DISPOSAL Notice of inspection and connection 78-79
SCREENS AND SCREENING Old building sewers 78-80
Property maintenance standards 34-91 et seq. Permit for connections
See: PROPERTY MAINTENANCE Application 78-77(b)
STANDARDS Required 78-77(a)
3
Supp.No. 17 CDi:34
CODE INDEX
Section Section
SEWERS AND SEWAGE DISPOSAL(Cont'd)
Public sewers,connection to 78-85
Separate sewers for each building78-76
Specifications 78-81
Definitions 78-51
Discharges
Fees 78-99
General prohibitions and limitations 78-96
Industrial or commercial wastewater
monitoring and reporting 78-100
Permission to use sewer system;waste-
water discharge permit 78-98
Prohibited wastes,control of 78-97
Wastewater discharge permit 78-98
Emergency,termination of service in78-58
Supp. No. 17 CDi:34.1
0
0
0
CODE INDEX
0
Section Section
STORMWATER DRAINAGE(Cont'd.) STREETS,SIDEWALKS AND OTHER PUB-
Subdivisions LIC WAYS(Cont'd.)
Land development code regulations.... 98-1 et seq. Land development code regulations re zon-
See:LAND DEVELOPMENT CODE ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
STORMWATER MANAGEMENT Lighting 34-206 et seq.
Fees schedule in general. See: FEES (Ap- See:LIGHTING
pendix B) Litter 34-26 et seq.
Sanitary sewer system 78-26 et seq. See:LITTER
See: SEWERS AND SEWAGE DIS- Local planning agency 58-56 et seq.
POSAL See:PLANNING AND DEVELOPMENT
Street excavations 66-61 et seq. Noise
See: STREETS, SIDEWALKS AND Enumeration of prohibited 34-153(4)
OTHER PUBLIC WAYS Open containers
Wetlands protection 106-26 et seq. Prohibited in motor vehicles 6-68
See:LAND DEVELOPMENT CODE Parks and recreation areas 54-1 et seq.
See:PARKS AND RECREATION
STREETS,SIDEWALKS AND OTHER PUB- Property maintenance standards 34-91 et seq.
LIC WAYS See: PROPERTY MAINTENANCE
Alcoholic beverages STANDARDS
Possession and consumption 6-51 Public service tax generally 70-26 et seq.
Beach end streets See:TAXATION
Camping prohibited 50-4 Right-of-way
Beautification board generally 2-181 et seq. Use agreements 66-1
See:BEAUTIFICATION BOARD Camping prohibited 50-4
Cable television franchise Signs
Conditions of street occupancy. See: Land development code regulations94-1 et seq.
FRANCHISES(Appendix A) See:LAND DEVELOPMENT CODE
C)
Certain ordinances not affected by Code.. 1-10(a)(5) Solicitors, peddlers and itinerant mer-
' Concurrency management system 86-1 et seq. chants 16-26 et seq.
See: MOTOR VEHICLES AND TRAF- See: PEDDLERS, CANVASSERS AND
FIC SOLICITORS
Excavations Solid waste generally 62-1 et seq.
City See:SOLID WASTE
Authority of city 66-64 Transporting regulations 62-7
Right to restore surface 66-69 Street lights
Cleanup 66-68 Sea turtle regulations 14-57
Emergencies 66-70 Streets
Engineering details 66-66 Abandonment
Guarantee 66-67 Authority 66-36
Inspections 66-63
Ordinance required 66-39
Petition
Liability of city 66-62 For action 66-37
Method of installation 66-65 Procedure 66-38
Penalty 66-61 Civil liability for damage 66-26
Permit Speed bumps 66-27
Application 66-82 Subdivisions
Cash deposits 66-84 Land development code regulations.... 98-1 et seq.
Fee 66-83 See:LAND DEVELOPMENT CODE
Required 66-81 Traffic
Fire lanes,designation of 74-62 Certain ordinances not affected by Code 1-10(a)(8)
Franchise agreements 66-1 Travel on other than streets or highways 74-1
Franchise regulations in general. See: Tree protection,land clearing 102-36 et seq.
FRANCHISES(Appendix A) See:LAND DEVELOPMENT CODE
Grades Trucks generally 74-26 et seq.
Certain ordinances not affected by Code 1-10(a)(10) See: MOTOR VEHICLES AND TRAF-
Handbills FIC
Throwing or distributing in public places 34-51 Weeds and vegetation 34-121 et seq.
C Impact fees generally 2-231 et seq. See: WEEDS AND DEAD VEGETA-
See:IMPACT FEES TION
Supp.No. 17 CDi:37
4
CAPE CANAVERAL CODE
3
Section Section
STREETS,SIDEWALKS AND OTHER PUB- SURVEYS,MAPS AND PLATS(Cont'd.)
LIC WAYS(Cont'd.) Subdivisions
Wetlands protection 106-26 et seq. Land development code regulations.... 98-1 et seq.
See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
Yelling,shouting,hooting,whistling,sing- Truck routes,map of 74-31
ing
SWEAR OR SWORN.See:OATH,AFFIRMA-
SUBDIVISIONS TION,SWEAR OR SWORN
Beautification board generally 2-181 et seq.
See:BEAUTIFICATION BOARD SWIMMING POOLS
Dedicating or accepting Land development code regulations re zon-
Certain ordinances not affected by Code 1-10(a)(12) ing 110-26 et seq.
Fees schedule in general. See: FEES (Ap- See:LAND DEVELOPMENT CODE
pendix B)
Flood damage prevention 90-26 et seq. T
See:LAND DEVELOPMENT CODE
Impact fees generally 2-231 et seq. TAXATION
See:IMPACT FEES Certain ordinances not affected by Code.. 1-10(a)(7)
Land development code Fees schedule in general. See: FEES (Ap-
Regulations re subdivisions 98-1 et seq. pendix B)
See:LAND DEVELOPMENT CODE Franchise regulations in general. See:
Regulations re zoning 110-26 et seq. FRANCHISES(Appendix A)
See:LAND DEVELOPMENT CODE Local business tax
Public service tax generally 70-26 et seq. Contractors and subcontractors
See:TAXATION Special requirements for 70-85
Purchasing Definitions 70-66
Prohibition against subdivisions 2-223 Delinquencies 70-76
Sanitary sewer system 78-26 et seq. Duplicate,issuance of 70-80
See: SEWERS AND SEWAGE DIS- Engaging in business
POSAL Evidence of engaging in business 70-72
Street excavations 66-61 et seq. Without paying tax or making reports 70-71 - -
See: STREETS, SIDEWALKS AND Exemptions 70-83
OTHER PUBLIC WAYS False statement in receipt application 70-73
Wetlands protection 106-26 et seq. Form,signing of receipts;report of infor-
See:LAND DEVELOPMENT CODE mation 70-70
SUITS,ACTIONS AND OTHER PROCEED- Insurance 70-84
INGS Levied 70-67
Codes does not affect prior acts committed Local business tax for businesses not
or done 1-8 otherwise designated 70-88
Effect of repeal of ordinances on suits or Multiple receipt 70-78
proceedings pending 1-9(b) Penalty for failure to obtain or renew
receipt 70-75
SURFACE DRAINAGE Preservation,display of receipt 70-79
Subdivisions Rate schedule 70-89
Land development code regulations.... 98-1 et seq. Receipt required;payment of tax prereq-
See:LAND DEVELOPMENT CODE uisite to issuance 70-69
SURVEYS,MAPS AND PLATS Receipt year;tax payment date;term of
Amendment to zoning map receipt;proration of tax 70-74
Certain ordinances not affected by Code 1-10(a)(9) Records of issued receipts 70-86
City engineer Records of licensees 70-87
Duties 2-151(1) Records of receipts 70-87
Dedicating or accepting Refunds 70-82
Certain ordinances not affected by Code 1-10(a)(12) Separate receipt required for each place
Franchise regulations in general. See: of business 70-77
FRANCHISES(Appendix A) Transfer of receipt 70-81
Outdoor entertainment permit require- Violations and penalties 70-68
ments 10-62(2) Local improvements
Planning and development Certain ordinances not affected by Code 1-10(a)(11)
Notice requirement for amendments to Outdoor entertainment
future land use map 58-1 Local business tax receipt required .... 10-49
0
Supp.No. 17 CDi:38
CODE INDEX
Section Section
TAXATION(Cont'd.)
Public service tax
Applicability 70-28
Appropriation of revenue 70-44
Authority;findings 70-27
Supp.No. 17 CDi:38.1
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