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Home My WebLink AboutSupplement 16 SUPPLEMENT NO. 16 November 2007 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. 04-2007, adopted June 19, 2007. See the Code Comparative Table for further information. Remove old pages Insert new pages xv—xviii xv—xviii Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) CD6:3, CD6:4 CD6:3, CD6:4 CD10:1—CD10:4 CD10:1—CD10:4 CD10:15, CD10:16 CD10:15, CD10:16 CD10:19, CD10:20 CD10:19, CD10:20 CD10:25, CD10:26 CD10:25, CD10:26 CD10:35—CD10:38 CD10:35—CD10:38 CD10:41—CD10:45 CD10:41—CD10:45 CD34:15, CD34:16 CD34:15, CD34:16 CD38:5, CD38:6 CD38:5, CD38:6 CD70:1, CD70:2 CD70:1, CD70:2 CD70:5—CD70:16 CD70:5—CD70:16 CD80:3, CD80:4 CD80:3, CD80:4 CD82:1, CD82:2 CD82:1, CD82:2 CD82:3, CD82:4 CD82:3, CD82:4 CD86:1—CD86:4 CD86:1—CD86:4 CD86:11 CD86:11—CD86:17 CD102:3, CD102:4 CD102:3—CD102:4.1 CD110:1, CD110:2 CD110:1, CD110:2 CD110:5, CD110:6 CD110:5, CD110:6 CD110:9—CD110:14 CD110:9—CD110:14.1 CD110:25—CD110:30.3 CD110:25—CD110:30.7 CD110:33—CD110:36 CD110:33—CD110:36.1 CD110:38.1—CD110:46 CD110:38.1—CD110:45 CD110:66.1—CD110:66.5 CD110:66.1—CD110:66.7 CCT:19, CCT:20 CCT:19—CCT:21 SLT:1—SLT:3 SLT:1—SLT:3 CDi:3—CDi:16 CDi:3—CDi:16.1 CDi:21—CDi:42 CDi:21—CDi:41 INSTRUCTION SHEET—Cont'd. 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—Cont'd. Chapter Page Art. III. Local Business Tax CD70:6 71-73. Reserved CD71:1 74. Traffic and Vehicles CD74:1 Art. I. In General CD74:3 Art. II. Trucks CD74:3 Art. III. Stopping, Standing, Parking CD74:4 75-77. Reserved CD75:1 78. Utilities CD78:1 Art. I. In General CD78:3 Art. II. Sanitary Sewer System CD78:3 Div. 1. Generally CD78:3 Div. 2. Industrial and Commercial Use CD78:5 Subdiv. I. In General CD78:5 Subdiv. II. Building Sewers and Connections . CD78:11 Subdiv. III. Discharges CD78:13 Subdiv. IV. Rates and Charges CD78:20 Div. 3. Impact Fees CD78:21 Art. III. Service Rates,Deposits and Billing Procedures CD78:23 Art. IV Reclaimed Water CD78:25 Div. 1. Generally CD78:25 Div. 2. Installation and Inspection of the Reclaimed Water System CD78:26 Art. V. Stormwater Management CD78:28 Div. 1. Generally CD78:28 Div. 2. Fees and Taxes CD78:31 Div. 3. Administration CD78:35 79. Reserved CD79:1 80. Vehicles for Hire CD80:1 Art. I. In General CD80:3 Art. II. Certificate of Public Convenience and Necessity, License CD80:4 Art. III. Driver's Permit CD80:5 Art. IV. Regulations CD80:7 81. Reserved CD81:1 Subpart B. Land Development Code CD82:1 82. Buildings and Building Regulations CD82:1 Art. I. General Administrative CD82:3 Art. II. Building Code CD82:6 Art. III. Unsafe Building Abatement Code CD82:8 Art. IV. Coastal Construction Code CD82:9 Art. V. Reserved CD82:9 Art. W. Reserved CD82:9 Art. VII. Reserved CD82:9 Art. VIII. Reserved CD82:9 Supp.No. 16 xv CAPE CANAVERAL CODE Chapter Page Art. IX. International Property Maintenance Code CD82:10 Art. X. Reserved CD82:10 Arts. XI—XIII. Reserved CD82:11 Art. XIV. Numbering of Buildings and Property CD82:11 Art. XV. Citations; Unlicensed Contractors; Failure to Obtain Building Permit CD82:11 Art. XVI. Temporary Storage Units CD82:14 83-85. Reserved CD83:1 86. Concurrency Management System CD86:1 Art. I. In General CD86:3 Art. II. Transportation Facility Proportionate Fair- Share Mitigation Program CD86:11 87-89. Reserved CD87:1 90. Floods CD90:1 Art. I. In General CD90:3 Art. II. Flood Damage Prevention CD90:3 Div. 1. Generally CD90:3 Div. 2. Administration CD90:7 Div. 3. Flood Hazard Reduction CD90:10 Art. III. Floodplain Protection CD90:15 Art. IV. Stormwater Management CD90:17 Div. 1. Generally CD90:17 Div. 2. Permit CD90:20 Div. 3. Performance Standards CD90:22 Div. 4. Design Standards CD90:24 Div. 5. Maintenance CD90:26 91-93. Reserved CD91:1 94. Signs CD94:1 Art. I. In General CD94:3 Art. II. Permits and Inspection CD94:8 Art. III. Size, Location and Construction CD94:10 Div. 1. Generally CD94:10 Div. 2. Types of Signs CD94:13 Div. 3. District Regulations CD94:15 95-97. Reserved CD95:1 98. Subdivisions CD98:1 Art. I. In General CD98:3 Art. II. Plats CD98:7 Div. 1. Generally CD98:7 Div. 2. Preapplication CD98:8 Div. 3. Preliminary Plat CD98:8 Div. 4. Final Plat CD98:11 Art. III. Construction CD98:13 Div. 1. Generally CD98:13 Div. 2. Permit CD98:13 Supp.No. 16 xvi 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 CD110:17 Div. 3. Variances CD110:19 Div. 4. Special Exceptions CD110:20 Div. 5. Administrative Appeals CD110:21 Art. III. Administration and Enforcement CD110:22 Div. 1. Generally CD110:22 Div. 2. Permits CD110:23 Div. 3. Certificate of Occupancy CD110:24 Div. 4. Reserved CD110:25 Art. IV. Special Exceptions CD110:25 Div. 1. Generally CD110:25 Div. 2. Alcoholic Beverages CD110:25 Art. V. Nonconformities CD110:29 Art. VI. Site Plans CD110:30.4 Art. VII. Districts CD110:30.7 Div. 1. Generally CD110:30.7 Div. 2. R-1 Low Density Residential District CD110:33 Div. 3. R-2 Medium Density Residential District CD110:34 Div. 4. R-3 Medium Density Residential District CD110:36 Div. 5. C-1 Low Density Commercial District CD110:38 Div. 6. M-1 Light Industrial and Research and De- velopment District CD110:39 Div. 7. Townhouses CD110:43 Div. 8. C-2 Commercial/Manufacturing District CD110:44 Art. VIII. Residential Planned Unit Developments CD110:46.4 Div. 1. Generally CD110:46.4 Div. 2. Development Plans CD110:49 Supp.No. 16 xvii 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 Nr Supp.No. 16 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 15 vii OC CD2:5, CD2:6 10 ix, x 1 CD2:7, CD2:8 10 xi, xii 15 CD2:9, CD2:10 15 xiii, xiv 15 CD2:11, CD2:12 12 xv, xvi 16 CD2:13, CD2:14 14 xvii, xviii 16 CD2:14.1, CD2:14.2 14 CHT:1, CHT:2 OC CD2:14.3, CD2:14.4 14 CHT:3 OC CD2:15, CD2:16 10 CHT:5, CHT:6 OC CD2:17, CD2:18 10 CHT:7, CHT:8 7 CD2:19, CD2:20 11 CHT:8.1 7 CD2:21, CD2:22 13 CHT:9, CHT:10 OC CD2:23, CD2:24 13 CHT:11, CHT:12 OC CD2:25, CD2:26 13 CHT:13, CHT:14 OC CD2:27, CD2:28 13 CHT:15, CHT:16 OC CD2:29 13 CHT:17, CHT:18 1 CD3:1 OC CHTCT:1 OC CD6:1 15 CHTCT:3 7 CD6:3, CD6:4 16 CD1:1 OC CD6:5, CD6:6 15 CD1:3, CD1:4 OC CD7:1 OC CD1:5, CD1:6 12 CD10:1, CD10:2 16 Supp. No. 16 [1] CAPE CANAVERAL.CODE Page No. Supp. No. Page No. Supp. No. CD10:3, CD10:4 16 CD27:1 OC CD10:5, CD10:6 13 CD30:1 11 CD10:7, CD10:8 13 CD30:3, CD30:4 11 CD10:9, CD10:10 13 CD30:5, CD30:6 11 CD10:11, CD10:12 13 CD30:7 11 CD10:13, CD10:14 13 CD31:1 OC CD10:15, 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IN GENERAL ing which is intended to give the appear- ance of or simulate such portions of the Sec. 6-1. Penalty. human female breast as described in sub- Any person violating this chapter shall be section (a)(1) of this section. punished as provided in section 1-15. (3) Suffer or permit any person,while on the (Code 1981, §§ 733.04, 733.05, 734.03, 737.09) premises of the commercial establish- Secs. 6-2-6-25. Reserved. ment, to expose to public view the geni- tals, pubic area, buttocks, anus or anal cleft or cleavage of such person. ARTICLE II. OPERATION OF ESTABLISHMENTS (4) Suffer or permit any person, while on the premises of the commercial establish- Sec. 6-26. Hours of operation. ment, to employ any device or covering which is intended to give the appearance (a) Any commercial establishment which serves, of or simulate the genitals, pubic area, dispenses, stores or sells alcoholic beverages, or buttocks, anus, anal cleft or cleavage. where alcoholic beverages are consumed,or which holds a license under the division of beverages for (b) It shall be unlawful for any female person either on-premises or off premises consumption, while on the premises of a commercial establish- shall have the hours of operation for the purposes ment located within the city at which alcoholic of dispensing, selling, consuming or serving alco- holic beverages from 7:00 A.M. of one day to 2:00 beverages are offered for sale, served, consumed A.M. of the following day. or stored to expose to public view that area of the 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, F.S. §562.14. cated within the city at which alcoholic beverages are offered for sale, served, consumed or stored to Sec. 6-27. Nudity on premises where served, expose to public view the genitals, pubic area, consumed or stored. buttocks, anus or anal cleft or cleavage of such 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- (1) Suffer or permit any female person,while ager, employee or any other person participating on the premises of the commercial estab- in the operation of a commercial establishment lishment,to expose to the public view that located within the city at which alcoholic bever- area of the human breast at or below the ages are offered for sale, served, consumed or areola. stored shall be convicted of any of the offenses (2) Suffer or permit any female person,while designated in subsection (a), the city treasurer on the premises of the commercial estab- shall revoke the local business tax receipt for the lishment, to employ any device or cover- establishment after giving a reasonable notice Supp.No. 16 CD6:3 §6-27 CAPE CANAVERAL CODE thereof to the holder of the receipt and affording games and other events, provided that nothing in the holder an opportunity to be heard as to why this section shall be deemed to waive any provi- the 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) 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 course of business within the city. The following words,terms and phrases, when 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 games and other events, provided that nothing in Alcoholic beverage means any beverage contain this section shall be deemed to waive any provi ing more than one percent of alcohol by weight. sions of state law regulating alcoholic beverages. Proof that a beverage in question was contained (Code 1981, § 604.01; Ord. No. 06 2002, § 1, in an opened bottle or can, labeled as beer, ale, 3-19-02) malt liquor, malt beverage, wine, wine cooler or Cross references—Library, ch. 46; parks and recreation other similar name and which bears the 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. 4") Supp.No. 16 CD6:4 Chapter 10 AMUSEMENTS AND ENTERTAINMENTS* Article I. In General Secs. 10-1-10-25. Reserved. Article II. Amusement Device Code Sec. 10-26. Reserved. Sec. 10-27. Reserved. Secs. 10-28-10-45. Reserved. Article III. Outdoor Entertainment Division 1. Generally Sec. 10-46. Definitions. Sec. 10-47. Compliance with other laws. Sec. 10-48. Penalties for violations. Sec. 10-49. Local business tax receipt required. Sec. 10-50. Exceptions. Secs. 10-51-10-60. Reserved. Division 2. Permit Sec. 10-61. Required. Sec. 10-62. Application. Sec. 10-63. Fee. Sec. 10-64. Cash cleanup bond. Secs. 10-65-10-85. Reserved. Article IV. Sexually Oriented Businesses and Adult Entertainment Establishments Sec. 10-86. Short title. Sec. 10-87. Purpose,findings and intent/incorporation of whereas clauses. Sec. 10-88. Construction. Sec. 10-89. Obscenity/indecent exposure unlawful. Sec. 10-90. Definitions. Sec. 10-91. Notice. Sec. 10-92. Penalties;remedies;relief. Sec. 10-93. License required. Sec. 10-94. Responsibilities of other offices and departments. Sec. 10-95. License application and application fee. Sec. 10-96. Contents of application. Sec. 10-97. Continuing duty/false or misleading information. Sec. 10-98. Consent. Sec. 10-99. Investigation of applicant. Sec. 10-100. Issuance or denial of license. Sec. 10-101. Reasons for denial of application of license. Sec. 10-102. Reapplication after denial. Sec. 10-103. Annual license fee. Sec. 10-104. Contents of license,term of license, renewals, expiration, lapse, nonconforming establishments. *Cross reference-Businesses, ch. 16. Supp.No. 16 CD10:1 CAPE CANAVERAL CODE Sec. 10-105. Records and reports. Sec. 10-106. Transfer of license. Sec. 10-107. Establishment name change. Sec. 10-108. Suspension and revocation of license. Sec. 10-109. Suspension and revocation proceedings. Sec. 10-110. Worker records. Sec. 10-111. General requirements for all adult entertainment establishments and sexually oriented businesses. Sec. 10-112. Sexually oriented businesses. Sec. 10-113. Adult theater provisions. Sec. 10-114. Adult performance establishment provisions. Sec. 10-115. Commercial bodily contact establishments provisions. Sec. 10-116. Escort service. Sec. 10-117. Engaging in prohibited activity: customers. Sec. 10-118. Engaging in prohibited activity:workers/operators. Sec. 10-119. Operation without license. Sec. 10-120. Operation contrary to operational requirements. Sec. 10-121. Use of restrooms or dressing rooms. Sec. 10-122. Minors-Unlawful provisions. Sec. 10-123. Records-Unlawful provisions. Sec. 10-124. Hours of operation-Unlawful provisions. Sec. 10-125. Special prohibitions relating to escorts and escort services- Unlawful provisions. Sec. 10-126. Special prohibited acts-Commercial bodily contact-Unlawful provisions. Sec. 10-127. Commercial bodily contact establishments-Prohibited; savings provision. Sec. 10-128. Occupational licenses/home occupations. Sec. 10-129. Sexual encounter businesses prohibited/prohibited acts-Unlaw- ful provisions. Sec. 10-130. Immunity from prosecution. Secs. 10-131-10-199. Reserved. Article V. Slot Machines or Devices Sec. 10-200. Purpose and intent. Sec. 10-201. Definitions. Sec. 10-202. Slot machine or device prohibited. Sec. 10-203. Exemption. Supp.No. 16 CD10:2 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 outdoor entertainment permit granted and shall Standard Amusement Device Code. immediately notify the city treasurer to revoke any local business tax receipt upon the occurrence Secs. 10-28-10-45. Reserved. of any violation of this article. (Ord. No. 23-92, § 1(729.07), 12-1-92; Ord. No. 02-2007, § 4, 2-20-07) ARTICLE III. OUTDOOR ENTERTAINMENT' Sec. 10-49. Local business tax receipt re- quired. DIVISION 1. GENERALLY It shall be unlawful for any person to stage, promote or conduct any outdoor entertainment Sec. 10-46. Definitions. event in the city unless he shall have secured a local business tax receipt as provided for in sec- The following words, terms and phrases,when tion 70-88, which local business tax receipt shall used in this article, shall have the meanings be issued only after issuance of the special enter- ascribed to them in this section, except where the tainment permit by the city council. context clearly indicates a different meaning: (Ord. No. 23-92, § 1(729.02), 12-1-92; Ord. No. 02-2007, § 4, 2-20-07) Outdoor entertainment events means any gath- Cross reference—Occupational license taxes,§70-88. ering of groups or persons for the purpose of participating in, viewing, observing, watching or Sec. 10-50. Exceptions. listening to entertainment which consists of mu- sical renditions, sporting contests or events, fes- tivals or other entertainment not conducted within the applicability and necessity of any of the sec a completely enclosed structure. tions of this article to any outdoor entertainment (Ord. No. 23-92, § 1(729.01), 12-1-92) event sponsored by the recreational boards estab- Cross reference—Definitions and rules of construction lished by the city or any outdoor entertainment generally, § 1-2. event promoted by a nonprofit organization, asso- ciation or group if such outdoor entertainment *Cross reference—Code enforcement,ch. 2,art.VI. event of such organization, association or group tCross references—Code enforcement, ch. 2, art. VI; parks and recreation, ch. 54; streets, sidewalks and other has been sanctioned or approved by the council. public places, ch. 66; buildings and building regulations, ch. Such sanction and approval of an outdoor enter- 82;zoning, ch. 110. tainment event promoted by such organization, Supp.No. 16 CD10:3 § 10-50 CAPE CANAVERAL CODE 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 3 Supp.No. 16 CD10:4 AMUSEMENTS AND ENTERTAINMENTS § 10-90 eas to a customer, regardless of ment shall not be deemed a place pro- whether the worker engages in danc- vided or set apart for the purpose of ing or any particular activity; or exposing or exhibiting a person's sexual (2) Wears and displays to a customer organs in a manner contrary to the first any covering, tape, pastie, or other sentence of F.S. § 800.03, the state's inde- device which simulates or otherwise cent exposure statute. gives the appearance of the display Adult theater:An establishment which consists or exposure of any specified anatom- of an enclosed building, or a portion or part of an ical areas, regardless of whether the enclosed building, or an open-air area used for worker actually engages in perform- viewing by persons of films, motion pictures, ing or dancing; or video cassettes,video tapes, slides, computer dig- (3) Offers, solicits, or contracts to dance ital graphic recordings, or other photographic or perform with or for a customer reproductions which have as their primary or and accepts any consideration, tip, dominant theme, matters depicting, illustrating remuneration or compensation from or relating to specified sexual activities or speci- or on behalf of that customer; or fled anatomical areas. "Adult motels," and "adult (4) Dances or performs with or within booths"are included within the definition of"adult three feet of a customer and accepts theater." any consideration, tip, remunera- Adult video store: See "adult bookstore." tion, or compensation from or on behalf of that customer. Alcoholic beverages: All beverages containing more than one percent of alcohol by weight. It (b) A bona fide private club whose member- shall be prima facie evidence that a beverage is an ship as a whole engages in social nudism alcoholic beverage if there is proof that the bev- or naturalism as in a nudist resort or erage in question was or is known as beer, wine, camp and at which specified sexual activ- whiskey, moonshine whiskey, moonshine, shine, ities do not occur shall be presumed not to rum, gin, tequila, bourbon, vodka, scotch, scotch be an adult performance establishment. whiskey, brandy, malt liquor, or by any other (c) It is an affirmative defense to an alleged similar name or names, or was contained in a violation of this Code regarding operating bottle or can labeled as any of the above names,or an adult performance establishment with- a name similar thereto, and the bottle or can out a license if the alleged violator dem- bears the manufacturer's insignia,name,or trade- onstrates that the predominant business mark. Any person who, by experience in the or attraction of the establishment is not handling of alcoholic beverages, or who by taste, offering to customers of entertainment smell, or drinking of such alcoholic beverages has which is intended to provide sexual stim- knowledge of the alcoholic nature thereof, may ulation or sexual gratification to such testify as to his opinion about whether such customers and the establishment and its beverage is an alcoholic beverage. advertising is not distinguished by an Commercial bodily contact: emphasis on or the promotion of matters or persons depicting, describing, display- (a) The manipulation, washing, scrubbing, ing, exposing, simulating or relating to stroking, or touching, for commercial or specified sexual activities or specified an- pecuniary gain, of the body of another atomical areas. person directly, or indirectly through a (d) Consistent with the decision of the Su- medium or using any object, instrument, preme Court of Florida in the case of substance, or device between a worker Hoffman v. Carson, 250 So. 2d 891, 893 and a customer. (1971), appeal dismissed 404 U.S. 981 (b) The following persons engaged in the bona (1971), an adult performance establish- fide performance of the following activi- Supp.No. 16 CD10:15 § 10-90 CAPE CANAVERAL CODE ties shall not be deemed to be engaging in is set aside, advertised, promoted or used as a commercial bodily contact for the pur- place where commercial bodily contact occurs or poses of this article when they are en- which is described or depicted as a "body scrub gaged in the bona fide practice of their salon," "body wash salon," or "body relaxation occupation or profession: salon." (1) Persons licensed as a massage ther- Commercial or pecuniary gain: Operated for apist or apprentice massage thera- commercial or pecuniary gain shall be presumed pist pursuant to F.S. Ch. 480, when for any establishment which has received a local providing massage services in an es- business tax receipt. For the purposes of this tablishment licensed under F.S. Ch. article, operation for commercial or pecuniary 480. gain shall not depend on actual profit or loss.An (2) Persons licensed under the laws of establishment which has a local business tax the state to practice medicine, sur- receipt or an establishment which advertises it- gery, osteopathy, chiropody, self as a type of adult entertainment establish- naturopathy, or podiatry. ment shall be presumed to be "operated for com- (3) Persons licensed under the laws of mercial or pecuniary gain." the state as a physician's assistant Commercial establishment:Any business,loca- or nurse. tion, or place which conducts or allows to be (4) Persons holding a drugless conducted on its premises any activity for com- practitioner's certificate under the mercial or pecuniary gain. laws of the state. Conviction: A determination of guilt resulting (5) Persons licensed as barbers or cos- from plea or trial, regardless of whether adjudi- metologists under the laws of the cation was withheld or whether imposition of state. sentence was suspended. (6) Persons performing authorized ser- Customer: vices in a hospital, nursing home, (a) Any person present at an adult entertain- sanitarium, adult congregate living ment establishment or sexually oriented facility,group home, day care center, business, other than operators or work- or similar place of business when ers, regardless of whether the person has owned and operated in accordance with the laws of the state. given or paid any consideration to be present at the adult entertainment estab- (7) Persons who are instructors,coaches, lishment or sexually oriented business or athletic trainers employed by, or and regardless of whether the person has on behalf of, any professional, ama- paid any money for goods or services at or teur,Olympic,or similar athletic team to the adult entertainment establishment engaging in bona fide athletic events, or sexually oriented business. or when employed by a governmen- (b) Any person, excluding a worker or opera- tal entity or a bona fide educational tor, who has paid, or has offered, agreed, institution. been solicited, or had someone else offer (8) Persons licensed as physical thera- or agree on that person's behalf to pay any pists under the laws of the state. consideration,fee, or tip to an operator or worker of an adult entertainment estab- Commercial bodily contact establishment: Any lishment or sexually oriented business. establishment, business, or place operated for commercial or pecuniary gain or where for any Educational institution:A premises or site upon form of consideration workers or customers en- which there is an institution of learning for mi- gage in commercial bodily contact or any estab- nors, whether public or private, which conducts lishment, business or place any portion of which regular classes and/or courses of study required Supp.No. 16 CD10:16 AMUSEMENTS AND ENTERTAINMENTS § 10-90 tions of terms set forth in the footnotes are a G-Strings, thongs, and similar coverings material part of this article and apply to the use of shall not be considered an opaque cover- the term each time it is used in this article.) ing. (a) Any of the following in a state that is less than completely and opaquely covered: Specified criminal act: (1) The male or female genitals'; (a) A violation of this article; (2) The male or female pubic areae; (3) The vulva3; (b) Any felony not otherwise specified in this (4) The anus4; definition; (5) The penis5; (c) An offense under F.S. Ch. 794 (Sexual (6) The scrotums; Battery); (7) The cleavage of the buttocks; (d) An offense under F.S. Ch. 796 (Prostitu- (8) The buttocks; tion); (9) The anal? cleft; (10) The anal cleavage; (e) An offense under F.S. Ch. 800(Lewdness; Indecent Exposure); (11) The breast8 of a female; (12) Human male genitals in a discern- (f) An offense under F.S. Ch. 826 (Bigamy; ibly turgid state, even if completely Incest); and opaquely covered. (b) Body paint, body dyes, tattoos, liquid la- (g) offense under F.S. Ch. 847 (Obscene tex whether wet or dried, dental floss, Literature; Profanity); or 1 Genitals,Genitalia—Organs of the reproductive system, (h) An offense against an analogous federal especially the external organs. statute or the statutes of a state other 2 Pubic Area—(1) Pubes, the public region; the anterior than Florida, or an analogous ordinance region of the innominate bone covered with pubic hair; os pubis.(2)Pubic,pertaining to the pubes.(3)Pubis,pubic bone, of another county or city. or the innominate bone. 3 Vulva—External female genitalia, including the mons Specified sexual activities: (Editor's note: The pubis, labia majora and minora, clitoris and vestibule of the sources for the footnotes below are (1) Taber's vagina. a Anus—Outline of the rectum leading from the bowel. Cyclopedic Medical Dictionary, T.A. Davis Co., 5 Penis—The male organ for urination and copulation, a Philadelphia, 1997 (ed. 18); (2) Oxford Dictionary pendulous structure that is suspended from the front and the of the English Language(multi-volume); (3)Flor- sides of the pubic arch. ida Statutes. The definitions of terms set forth in 6 Scrotum—the external double pouch that contains the testicles. the footnotes are a material part of this article 7 Anal—A ring,pertaining to the rectal opening;near the and apply to the use of the term each time it is anus. used.) 8 Breast—a portion of the human female mammary gland (commonly referred to as the female breast) including the nipple and the areola(the darker colored area of the breast (a) Human genitals in a state of sexual stim- nipple the nipple) and an outside area of such gland ulation, arousal or tumescence; or wherein such outside area is (i) reasonably compact and contiguous to the areola, and(ii)contains at least the nipple (b) Acts of human anilingus9, bestiality10, and the areola and one-fourth of the outside surface area of 12 13 such gland.The female breast shall not include any portion of buggery",14 unnilingus coprophagy13, the cleavage between the human female breasts typically coprophilia ,fellatio ,flagellation ,mas exhibited by a dress, blouse, shirt, leotard, bathing suit, or ochism;17, masturbation18, necrophilia19, other wearing apparel,provided that the areola is not exposed. pederasty2°, pedophilia21, sadism22, sado- Supp.No. 16 CD10:19 § 10-90 CAPE CANAVERAL CODE masochism23, sapphism24, sexual inter- (f) The handling or fondling of the sexual course25, sodomy26, urolagnia27, or organ of another for the purpose of mas- zooerasty28; or turbation directly or through a medium; or (c) Fondling or other touching of human gen- (g) Excretory functions as part of or in con- itals, pubic region, any part of the but- nection with any of the activities set forth tocks, anus or female breast; or in subsections (a) through (f). (d) Oral, anal, or vaginal penetration by, or Straddle dance: union with,the sexual organ or any other (a) The use by a worker of any part of his or part of the body of another; her body to touch the genital or pubic area of another person, or the touching of the (e) Anal or vaginal penetration of another or genital or pubic area of any worker by oneself with any object; or another person; or the straddling of the legs of a worker over any part of the body 9 Anilingus—Oral stimulation of the anus by use of the of a customer at the establishment, re- tongue or lips. gardless of whether there is a touch or 1° Bestiality—(1)Use of animals for sexual enjoyment or touching; or the use by a worker, of any any sexual act between a person and an animal involving the sex organ of the one and the mouth, anus,penis or vagina of part of his or her body to touch the geni- the other. tal, pubic region, buttock, anus or female 11 Buggery—Sodomy. breast of another person while at the 12 Cunnilingus—Sexual activity in which the mouth and establishment,or the touching of the gen- tongue are used to stimulate the female genitalia. ital,pubic region,buttock, anus or female Coprophagy—The eating of excrement. 14 Coprophilia—An abnormal interest in feces. breast of any worker by a customer while 1'Fellatio—Oral stimulation of the penis. at the establishment. 1°Flagellation—Whipping or a massage by strokes which „ is a form of sexual aberration in which the libido is stimulated (b) Conduct shall be a straddle dance re by whipping oneself, being whipped, or whipping someone gardless of whether the "touch”or"touch- else. ing" occurs while the worker is displaying 17 Masochism—Sexual excitement by being humiliated or or exposing any specified anatomical area. hurt by another or a sexual perversion in which one takes delight in being dominated, even to the extent of violence or (c) Conduct shall also be a "straddle dance" cruelty,by another person. regardless of whether the"touch"or"touch- 18 Masturbation—Stimulation of genitals or other eroge- ing" is direct or through a medium. nous areas by some means other than sexual intercourse,such as a hand or object. (d) The terms "lap dance," "table dance," and 19 Necrophilia—Sexual intercourse with a dead body. "face dance" are included within the term 20 Pederasty—Anal intercourse between a man and a "straddle dance". young boy. 21 Pedophilia - Fondling of children or any other sexual Worker: A person who works, performs, or pro- relations with a child. vides services at an adult entertainment estab- 22 Sadism—Sexual pleasure derived from inflicting mental lishment or at or for a sexually oriented business, or physical pain on others. 23 Sadomasochism—Sexual pleasure related to sadism and irrespective of whether said person is paid a masochism. salary or wage and shall include, but is not 24 Sapphism—Lesbianism,i.e.,the unnatural sexual rela- limited to, employees, independent contractors, tionship between women such as cunnilingus,anilingus,mas- subcontractors, lessees, or sublessees who work turbation,etc. or perform at an adult entertainment establish- Sexual intercourse—Sexual union between a man and a woman by insertion of the penis into the vagina. ment or at or for a sexually oriented business.An 26 Sodomy—Anal intercourse. operator is a type of worker. 27 Urolagnia—Sexual excitation associated with urination (Ord. No. 13-2004, § 3, 7-20-04; Ord. No. 02-2007, (e.g., watching another person urinate or having another § 4, 2-20-07) person urinate on one's own body.) 28 Zooerasty—Bestiality. Supp.No. 16 CD10:20 AMUSEMENTS AND ENTERTAINMENTS § 10-103 (d) An applicant whose application is denied (g) The applicant has operated an adult en- may immediately appeal as a matter of right to a tertainment or sexually oriented business court of competent jurisdiction, which court shall determined to be a state law "public nui- promptly review and decide said application. sance" within the preceding year. (Ord. No. 13-2004, § 3, 7-20-04) (h) The applicant has not timely paid taxes, fees, fines, and penalties due and owing Sec. 10-101. Reasons for denial of applica- the city. tion of license. (Ord. No. 13-2004, § 3, 7-20-04) The application for a license shall be denied if one or more of the following reasons is found: Sec. 10-102. Reapplication after denial. (a) The application does not comply with the The applicant may not reapply for a license for requirements of this article and statutes a period of nine months from the date of denial expressly made applicable to adult enter- unless there has been an intervening change in tainment and sexually oriented busi the circumstances which may lead to a different nesses such as F.S. § 847.0134. decision regarding the former reason(s)for denial. (Ord. No. 13-2004, § 3, 7-20-04) (b) The application contains material false information. Sec. 10-103. Annual license fee. (c) The applicant or any of the individuals (a) There shall be collected under this article stated in Section 10-96 of this article has annual license fees for the following classifica- a license under this article which is under tions of adult entertainment establishments and suspension. sexually oriented businesses: (d) The applicant or any of the individuals (1) Adult bookstore/adult video stated in section 10-96 of this article is or store $750.00 was at the time of suspension an officer, (2) Adult theater 750.00 director or principal stockholder in an entity who has a license under this article (3) Adult performance establish- which is under suspension. ments 750.00 (e) The applicant or any of the individuals (4) Adult motel 750.00 stated in section 10-96 of this article had (5) Commercial bodily contact es - a license under this article which had tablishment 750.00 been revoked within the preceding two years, if a first revocation; within the (6) Escort service 750.00 preceding four years if a second revoca- tion; and within a preceding six years if a (b) The annual license fees are declared regu- third revocation. latory in nature, collected for the purpose of examination and inspection of adult entertain- (f) The applicant or any of the individuals ment establishments and sexually oriented busi- stated in section 10-96 of this article is or nesses under this article and the administration was at the time of revocation an officer, thereof.This annual license fee is hereby declared director or principal stockholder in an to be revenue neutral in that the city will incur a entity who had a license under this article greater annual cost to license and monitor adult which had been revoked within the pre- entertainment establishments and sexually ori- ceding two years, if a first revocation; ented businesses compliance with this article. within the preceding four years if a sec- These regulatory fees are in addition to, and not and revocation; and within a preceding in lieu of,the local business taxes imposed by the six years if a third revocation. Cape Canaveral City Code or state law and other Supp.No. 16 CD10:25 § 10-103 CAPE CANAVERAL CODE land development or regulatory fees associated and sexually oriented business shall be governed with general commercial activities and locations. by the nonconforming uses of land and uses of (Ord. No. 13-2004, §3, 7-20-04; Ord. No. 02-2007, structures provisions of the city's land develop- § 4, 2-20-07) ment code. (Ord. No. 13-2004, § 3, 7-20-04) Sec. 10-104. Contents of license, term of li- cense, renewals, expiration, Sec. 10-105. Records and reports. lapse,nonconforming establish- Each licensee shall keep such records and ments. make such reports as may be required by this (a) Contents.An adult entertainment establish- article. ment or sexually oriented business license shall (Ord. No. 13-2004, § 3, 7-20-04) state on its face the name of the licensee, the name of the establishment, the street address of Sec. 10-106. Transfer of license. the establishment, the classification of the li- It is unlawful for a licensee to transfer his, her cense, the date of issuance, and the date of or its license to another person or entity or expiration. surrender possession, control, and operation of (b) Term. All licenses issued under this article the licensed establishment to such other person shall be annual licenses which shall commence or entity. running on October 1, on which date they shall (Ord. No. 13-2004, § 3, 7-20-04) have been paid for,and shall expire on September 30 of the following year. If a license is issued after Sec. 10-107. Establishment name change. October 1, but by March 31 of the following year, It is unlawful for a licensee to change the name the applicant shall pay the appropriate license fee of an adult entertainment establishment or sexu- in full.If a license is issued after March 31,but by ally oriented business unless and until the city October 1 of the same year, the applicant shall manager or his designee is given 30 days' notice pay one-half the appropriate license fee. in writing of the proposed name change and any (c) Expiration l renewal l lapse.Each license shall and all changes or alterations in the information expire on September 30 of each year and may be or disclosures required by this article are submit renewed only by making an application for a ted to the city. license in accordance with the provisions of this (Ord. No. 13 2004, § 3, 7-20-04) article.Applications for renewal shall be made at least 30 days before the expiration date of the Sec. 10-108. Suspension and revocation of license. The city manager or his designee shall license. issue or deny the renewal application within 30 (a) ['Violation" defined.] For purposes of this days of the application being filed. Failure to section, the term "violation" shall mean an inci- make application at least 30 days before the dent having occurred at,or by,an adult entertain- expiration date will not suspend the expiration of ment establishment or sexually oriented business the current license and could result in a final which is prohibited by the provisions of this determination on the renewal application after article or made unlawful by F.S. Chs. 561, 562, the commencement of the new license year on 563, 564, 565, 794, 796, 800, 826, 827, 847, 893 or October 1. If the application for a renewal is 895, or an analogous federal statute. denied, the applicant may immediately appeal to a court of competent jurisdiction, which court (b) Inspection of records and premises. In the shall provide a prompt judicial review and deci event that the city manager or his designee de- sion on said appeal. termines that the licensee or an operator at or of the licensee has refused to allow any inspection of (d) Nonconforming establishments. Unless ex- records or premises as required by this article;the pressly provided otherwise in this article, the city manager or his designee may suspend the nonconforming status of any adult entertainment Supp.No. 16 CD10:26 AMUSEMENTS AND ENTERTAINMENTS § 10-114 (h) Use smooth and nonpermeable uphol- (b) Notwithstanding the stage requirement in stery material, which can withstand fre- subsection (a), an adult performance establish- quent cleaning with industrial strength ment may also have smaller stages for the expres- cleaning agents,to cover furniture permit- sive display or exposure of a worker's specified ted by this article for the use of custom- anatomical areas to a customer consisting of ers. permanent or removable platforms raised a min- imum of 18 inches above the surrounding floor (i) Have, in areas accessible to customers, from where customers are seated or located; pro- interior wall surfaces which can with- vided, however, that a table at which any cus- stand frequent cleaning with industrial tomer is seated or served shall not be used as a strength cleaning agents. stage. (j) Use only those shades and blinds which (c) In addition to the general requirements for can withstand frequent cleaning with in adult entertainment establishments and sexually dustrial strength cleaning agents. (Drap oriented businesses contained in this article, an eries are prohibited). adult performance establishment shall, regard- (k) Maintain areas accessible to customers in less of whether it is licensed under this article: a clean and sanitary condition. (1) Prohibit persons engaged in the expres- (1) Keep all furniture upholstery material sive display or exposure of specified ana- free from holes and rips. tomical areas from dancing or simulating sexual activity with any patron,spectator, (m) Utilize an appropriate and effective adap- employee,or other person on the premises tation of the U.S. Center for Disease Con- of an adult performance establishment; trols [Centers for Disease Control] univer- and sal precautions for the storage and transmission of the HIV virus and other (2) Not suffer or permit any person maintain- diseases when cleaning or sanitizing the ing, owning or operating an adult perfor- establishment. mance establishment to construct, main- (Ord. No. 13-2004, § 3, 7-20-04) tain, or use areas partitioned or screened from public view that are designed to be Sec. 10-114. Adult performance establish- occupied or are commonly occupied alone or together by any person or persons on ment provisions. the premises of such establishment for (a) In addition to the general requirements for private performances involving the expres adult entertainment establishments and sexually sive display or exposure of specified ana- oriented businesses contained in this article, an tomical areas; and adult performance establishment shall, regard- (3) Not permit any person or customer on the less of whether it is licensed under this article, premises of an adult performance estab- have a stage provided for the expressive display lishment to use or to be present in areas or exposure of any worker's specified anatomical partitioned or screened from public view areas to a customer consisting of a permanent that are designed to be occupied together platform (or other similar permanent structure) or along by any person or persons on the raised a minimum of 18 inches above the sur- premises of such establishment for the rounding floor and encompassing an area of at display or exhibition of specified anatom- least 100 square feet.The stage shall be located at ical areas; and least three feet from the nearest table, chair, area or other accommodation where customers are (4) Post a sign which is clearly legible and seated or otherwise located; provided, however, located in a conspicuous place setting that a table at which any customer is seated or forth that straddle dancing is strictly pro- served shall not be used as a stage. hibited; and Supp.No. 16 CD10:35 § 10-114 CAPE CANAVERAL CODE (5) Not place or permit the placement of a bed which is not visible from common areas of or mattress in the establishment. the establishment and a receptionist area; (Ord. No. 13-2004, § 3, 7-20-04) provided, however, that if male and fe- male customers are provided services at Sec. 10-115. Commercial bodily contact es- the same time, separate work areas shall tablishments provisions. be established for each gender. In addition to all general requirements of this (i) Not advertise, display, publish, exhibit, article pertaining to adult entertainment estab- place,distribute or promote on any adver- lishments and sexually oriented businesses con- tising matter or signage services that are tained in this article, a commercial bodily contact not posted or a suggestion that services establishment, regardless of whether it is li- not posted will be provided. censed under this article, shall: (j) Not advertise, display, publish, exhibit, (a) Operate only from a fixed physical loca- place, distribute or promote on any adver- tion which is set forth on its sexually tising matter or signage any suggestion oriented business license and all required that workers will be dressed in any man- local business tax receipts. ner other than as required in this article. (b) Not advertise, offer or provide any other (k) Not begin a meeting or service with a service other than services which are customer between 10:00 p.m.of any day of posted. the week and 9:00 a.m. the following day. (c) Provide clean linen and towels for each (1) Not provide services at any place other customer when towels and linens are used than a physical location licensed to pro- during the course of providing services to vide commercial bodily contact under the a customer;provided,however,that heavy provisions of this article. white paper may be substituted for sheets if such paper is used for only one customer (m) Not place or permit the placement of any and then discarded into a sanitary recep- tacle. provided, however, that a sofa may be placed in the reception area open to the (d) Store clean linen, towels and other mate- public at the main entrance of the busi- rials used in connection with providing ness and cots or padded mats may be used commercial bodily contact in closed cabi- when providing commercial bodily con- nets. tact. (e) Disinfect and sterilize nondisposable in- (Ord. No. 13-2004, § 3, 7-20-04; Ord. No. 02-2007, struments after each use on a customer. § 4, 2-20-07) (f) Cause all workers to conceal their speci- Sec. 10-116. Escort service. fled anatomical areas with an opaque covering at all times when on the pre- In addition to all general provisions pertaining mises of the business by wearing an opaque to adult entertainment establishments and sexu- surgical type gown. ally oriented businesses contained in this article, an escort service, regardless of whether licensed (g) Not encourage, allow or permit any cus- under this article, shall: tomer to consume food or beverages in the business. (a) Not advertise, offer or perform any other (h) Provide commercial bodily contact in an service than services which are posted. area wherein such area is visible at all (b) Cause all workers and escorts to conceal times from common areas in the establish- their specified anatomical areas with an ment. No contact may occur in a separate opaque covering at all times when on the or individual cubicle, room, booth or area premises of the escort service. 3 Supp.No. 16 CD10:36 AMUSEMENTS AND ENTERTAINMENTS § 10-117 (c) Not advertise, display, publish, exhibit, records as required by this article are place,distribute or promote on any adver- created and maintained by the licensed tising matter or signage services that are escort service. not posted or a suggestion that services not posted will be provided. (h) If a meeting with or the service of a customer occurs at a location not open to (d) Not begin a meeting or service with a the public, then the escort shall check in customer between 10:00 p.m.of any day of with the on-duty manager of the premises the week and 9:00 a.m. the following day. in person where the meeting or service occurs or begins prior to meeting or ser- (e) If offering or providing escorts or escort vicing a customer and advise the manager service within the city of Cape Canaveral, of the following: names of the escort(s), each escort service shall notify the city the escort service and customer(s); the manager or his designee of an authorized escort's time of arrival and estimated time physical location, which may or may not of departure; and a copy of the escort be within the city, from where the escort service's sexually oriented business li- service operates and dispatches escorts. cense and the escort's own local business (f) Include in all advertising or promotional tax receipt, if applicable, and the location literature posted, placed, published, or of the meeting within the structure. distributed within the city the number of (Ord. No. 13-2004, §3, 7-20-04; Ord. No. 02-2007, a valid sexually oriented business license § 4, 2-20-07) issued by the city unless the escort service does not refer, send, or dispatch escorts to Sec. 10-117. Engaging in prohibited activ- any location within the jurisdictional lim- ity: customers. its of the city. (a) It is unlawful for any customer in or for an (g) Each escort service shall ensure that ev- adult entertainment establishment or sexually ery escort and worker of the escort service oriented business regardless of whether licensed is provided with a copy of the escort pursuant to this article to do any of the following service's license and carries it while work- acts: ing as an escort for the service, and dis- plays said license upon the request of any (1) To engage or participate in a straddle law enforcement officer or the city man- ager dance at the establishment or business. or his designee. In addition to a copy (2) To offer, contract or otherwise agree to of the escort service's license, each escort engage or participate in a straddle dance service shall ensure that each escort has a with a person at the establishment or local business tax receipt to engage in the business. occupation of escort within the city and that they carry said license while work- (3) To engage or participate in any specified ing, and displays said receipt upon the sexual activity at the establishment or request of any law enforcement officer or business or while in the presence of a the city manager or designee. Notwith- worker. standing the foregoing,an escort or worker (4) To display or expose while in the presence of an escort service who is a paid em- of a worker or when at the establishment ployee for whom taxes and Social Security or business any specified anatomical area. payments are withheld and paid by the licensed escort service and who is not an (5) To offer or deliver a tip or gratuity to any independent contractor may substitute and worker of an establishment or business carry a copy of the sexually oriented busi- before, during or after the provision of ness/escort service license of the employ- services except at an adult performance ing escort service only,provided that worker establishment. Nur Supp.No. 16 CD10:37 I § 10-117 CAPE CANAVERAL CODE (6) If a worker is a female, to intentionally (4) To provide to the worker providing the touch, fondle or manipulate her on her service either directly,indirectly or through clothed or unclothed breast(s), either di- a medium, any tip, gratuity or other con- rectly or through a medium. sideration beyond the fee specified in the customer contract. (7) To intentionally touch, fondle, massage, or manipulate any specified anatomical (5) To expose any specified anatomical area area of a worker,a customer,or himself or to the view of a worker. herself, whether clothed or unclothed, on (Ord. No. 13-2004, § 3, 7-20-04) the premises of the establishment or busi- ness. Sec. 10-118. Engaging in prohibited activ- ity: workers/operators. (8) To intentionally touch,fondle,massage or manipulate a worker on any specified (a) It is unlawful for any worker of an adult anatomical area when at or receiving ser- entertainment establishment or sexually oriented vices from the adult entertainment estab business, regardless of whether licensed under lishment or sexually oriented business. this article, to do any of the following acts or for an operator of an adult entertainment establish- (9) To intentionally touch,fondle,massage or ment or sexually oriented business, regardless of manipulate the clothed or unclothed whether licensed hereunder,to knowingly permit, breast(s) of a female worker, or to touch suffer, aid, allow or encourage any worker to do the clothed or unclothed body of a worker any of the following acts: at any point below the waist and above (1) To engage or participate in a straddle the knee of the worker when at an adult dance with a customer at the establish entertainment establishment or sexually ment or business. oriented business. (2) To offer, contract or otherwise agree with (10) To occupy an adult booth in which booth a customer to engage or participate in a there are more people than that specified straddle dance with a person at the estab- on the posted sign required by this article. lishment or business. (11) To otherwise violate or aid or abet a (3) To engage or participate in any specified violation of this article. sexual activity or activities at the estab- lishment or business with a customer, (12) To encourage or solicit any worker to him or her self or a worker. engage in any specified sexual activity. (4) To display or expose at the establishment (b) It is unlawful for any customer at or of a or business specified anatomical areas sexually oriented business to do any of the follow- except in accordance with the provisions ing acts regardless of whether the establishment of this article and other applicable law. is licensed pursuant to this article: (5) To request or accept a tip or gratuity from (1) To intentionally touch,massage or manip- a customer except at an adult perfor- ulate, directly or indirectly or through a mance establishment. medium while on the premises of the (6) To work in an adult entertainment estab- establishment or when with a worker,the lishment or sexually oriented business customer's specified anatomical areas. that he or she knows or should know is (2) To solicit any worker to provide a service not licensed under this article, or which not posted. has a license which is under suspension, has been revoked or canceled, or has ex- (3) To solicit or receive any service not indi- pired, regardless of whether he, she or it cated and contracted for in the written has applied for and obtained a license customer contract. under this article. Supp.No. 16 CD10:38 AMUSEMENTS AND ENTERAINMENTS § 10-123 lishment or sexually oriented business, regard- oriented business regardless of whether licensed less of whether it is licensed under this article,to under this article, to knowingly or with reason to expose any specified anatomical area during the know, permit, suffer or allow: worker's bona fide use of a dressing room or (a) Admittance to the establishment or busi- bathroom which is occupied at the time only by ness of a person under 18 years of age workers of the same sex. when the establishment or business is open for business. (b) Notwithstanding any provision in this ar- ticle indicating to the contrary, it shall not be (b) A person under 18 years of age to remain unlawful for any customer of an adult entertain- at the establishment or business when ment establishment or sexually oriented busi- the establishment or business is open for ness, regardless of whether it is licensed under business. this article, to expose any specified anatomical (c) A person under 18 years of age to pur- area during the customer's bona fide use of a chase goods or services from the establish- bathroom which is occupied at the time only by ment or a worker at the establishment or customers of the same sex. business. (c) It is unlawful to be an operator of an adult (d) A person under 18 years of age to be a performance establishment which has a dressing worker at or for the establishment or room for use by its workers that is accessible to business. customers. (Ord. No. 13-2004, § 3, 7-20-04) (d) It is unlawful to be an operator of a sexu- Sec. 10-123. Records—Unlawful provisions. ally oriented business which has a dressing room for use by its customers that is accessible to (a) It is unlawful to be an operator or worker of an adult entertainment establishment or sexually workers. oriented business, regardless of whether it is (e) Notwithstanding any provision of this arti- licensed under this article, if the current and cle to the contrary, a worker engaged in the work valid adult entertainment establishment or sexu- of a restroom attendant or valet may occupy a ally oriented business license is not conspicuously restroom which is also occupied by customers displayed on the premises of the establishment or business. provided that the valet or attendant does not expose any specified anatomical area to the view (b) It is unlawful to be an operator of an adult of a customer and is of the same sex of the entertainment establishment or sexually oriented customer occupying the restroom. business, regardless of whether licensed under this article, which does not create, establish and (f) Notwithstanding any provision of this arti- compile worker records, maintain worker records cle to the contrary,it is not unlawful for a worker or where such records are not produced for inspec- or customer to touch their own specified anatom- tion by a law enforcement officer upon request ical areas during their bona fide use of a restroom, when the establishment or business is open for dressing room or bathroom when such touching is business. necessary and inherent to the activity of changing clothes or excretory functions. (c) It is unlawful to be an operator of a sexually (Ord. No. 13 2004, § 3, 7-20-04) oriented business, regardless of whether it is licensed under this article, at which customer contracts, daily registers and a list of services Sec. 10-122. Minors—Unlawful provisions. have not been compiled, maintained or are not produced for inspection by a law enforcement It is unlawful for an operator or worker of an officer upon request when the establishment or adult entertainment establishment or sexually business is open for business. Supp.No. 16 CD10:41 § 10-123 CAPE CANAVERAL CODE (d) It is unlawful for a worker at or of an adult (j) It is unlawful for an operator of a sexually entertainment establishment or sexually oriented oriented business to fail to produce for inspection business, regardless of whether licensed under any worker record, customer contract or daily this article, to fail to obtain, carry or produce for register required by this article when requested inspection by a law enforcement officer upon by a law enforcement officer or the city manager request, a local business tax receipt for the occu- or his designee when the establishment or busi- pation in which the worker is engaged; provided, ness is open for business. however,that a worker of an adult entertainment (Ord. No. 13-2004, § 3, 7-20-04; Ord. No. 02-2007, establishment or sexually oriented business who § 4, 2-20-07) is a paid employee for whom income taxes and Social Security payments are withheld and paid by the establishment and who is not an indepen- Sec. 10-124. Hours of operation—Unlawful dent contractor shall not be required to obtain a provisions. local business tax receipt or their own adult entertainment establishment/sexually oriented (a) It is unlawful for any operator of an adult business license. entertainment establishment, regardless of whether licensed pursuant to this article,to allow (e) It is unlawful for an escort, regardless of such establishment to remain open for business whether they are a paid employee for whom or to knowingly allow any worker to engage in a income taxes and social security payments are performance, solicit a performance, make a sale, withheld and paid by the escort service, to fail to solicit a sale, provide a service or solicit a service carry and produce for inspection by a law enforce- between the hours of 2:00 a.m. and 9:00 a.m. of ment officer a copy of the sexually oriented busi- any particular day. ness license of the employing escort service when working as an escort or providing the services of (b) It is unlawful for any operator of a sexually escort. oriented business, regardless of whether licensed pursuant to this article, to allow such business to (f) It is unlawful for any person or any person remain open for business or to permit any worker on their behalf applying for a license under this to engage in a performance,solicit a performance, article to make a false or misleading statement or make a sale, solicit a sale, begin, continue or provide false or misleading information which is provide a service or solicit a service between the intended to facilitate the issuance of a license. hours of 10:00 p.m. and 9:00 a.m. of any particu- (g) It is unlawful for any worker, customer or lar day. operator to provide false or misleading informa- (c) It is unlawful for any worker of an adult tion in any worker record, customer contract or entertainment establishment, regardless of daily register required by this article. whether licensed pursuant to this article, to en- (h) It is unlawful to be an operator or worker gage in a performance, solicit a performance, at an adult entertainment establishment or sex- make a sale, solicit a sale, provide a service or ually oriented business which does not have con solicit a service between the hours of 2:00 a.m. spicuously posted the name of the operator on and 9:00 a.m. of any particular day. duty while the establishment is open for business. (d) It is unlawful for any worker of a sexually (i) It is unlawful for an operator of an adult oriented business, regardless of whether licensed entertainment establishment or sexually oriented pursuant to this article, to provide a service, business to fail to produce for inspection any solicit a service,engage in a performance,solicit a worker record required by this article, when re- performance, make a sale, solicit a sale, begin a quested by a law enforcement officer or the city service or continue a service between the hours of manager or his designee when the establishment 10:00 p.m. and 9:00 a.m. of any particular day. or business is open for business. (Ord. No. 13-2004, § 3, 7-20-04) Supp.No. 16 CD10:42 AMUSEMENTS AND ENTERAINMENTS § 10-126 Sec. 10-125. Special prohibitions relating to residence without first executing the cus- escorts and escort services— tomer contract as required by this article. Unlawful provisions. (f) To provide services to a customer even in It is unlawful for any escort, escort service or a public place without first executing the worker of an escort service,regardless of whether customer contract as required by this ar- licensed under this article, to commit any of the tide, immediately following the meeting following acts or for an operator of an escort of the customer. service regardless, of whether licensed thereun- der, to knowingly permit, suffer, aid, assist or (g) To solicit a tip or gratuity from a customer allow any escort or escort service worker to com- in exchange for a promise or suggestion mit any of the following acts: that any act or service not contracted for (a) To enter a hotel, motel or other place of in the customer contract will be per- temporary lodging for the purpose of meet- formed. ing or providing services to a customer without immediately upon entering such (h) To accept any compensation or payment hotel, motel or other place and prior to except that which is provided in the cus- meeting the customer making personal tomer contract. face-to-face contact with the on duty man- (Ord. No. 13 2004, § 3, 7-20-04; Ord. No. 02-2007, ager at the front desk or reception area § 4, 2-20-07) and providing that person with the follow- ing information: Sec. 10-126. Special prohibited acts—Com- 1. The time of arrival and estimated mercial bodily contact—Unlaw- time of departure; ful provisions. 2. A copy of the escort service's sexu- It is unlawful for a worker of a commercial ally oriented business license and, if bodily contact establishment,regardless of whether applicable, the escort's local busi- licensed pursuant to this article,to commit any of ness tax receipt; the following acts or for the operator of a commer- 3. The name of the escort, the escort cial bodily contact establishment, regardless of service and the customer being met/ whether licensed thereunder, to knowingly or served; and with reason to know, permit, suffer, aid, assist or 4. The location of the meeting or ser- allow any worker to commit any of the following vice within the structure including acts: the room number. (a) To provide commercial bodily contact or to (b) To require, entice or solicit any customer be present at the premises of the business to remove any article of clothing. when open for business unless covering (c) To display or expose any specified anatom their specified anatomical areas by wear ical area to a customer. ing an opaque surgical type gown. (d) To begin a meeting or service without first (b) To display or expose any specified anatom- meeting the customer in a public place ical area to a customer. such as a bar or restaurant before accom- panying the customer to any place not (c) To allow a customer to expose or display open to the public such as a hotel room or the customers specified anatomical areas residence. in the presence of a worker. (e) To meet with or provide services to a (d) To allow a customer to engage in any customer in any place not open to the specified sexual activity with him or her- public such as a hotel room,motel room or self, another customer or with a worker. Supp.No. 16 CD10:43 § 10-126 CAPE CANAVERAL CODE (e) To perform or provide commercial bodily (p) To engage in or offer to engage in any contact except at the premises of a corn- private performance or act as an adult mercial bodily contact establishment li- model. censed under this article. (Ord. No. 13-2004, § 3, 7-20-04) (f) To engage in or offer to engage in private Sec. 10-127. Commercial bodily contact es- modeling or the activities of an escort tablishments—Prohibited; sav- with any customer. ings provision. (g) To provide commercial bodily contact or (a) Notwithstanding any provision of this arti- service to a customer without first execut- cle,it is unlawful to operate, or be a worker for or ing a customer contract as required by at a commercial bodily contact establishment this article. which engages in commercial bodily contact. (h) To intentionally touch,fondle,manipulate (b) Notwithstanding the provisions of subsec- or massage the specified anatomical area tion (a), in the event that subsection (a), prohib- of any customer. iting commercial bodily contact establishments is (i) To allow any customer to intentionally found to be unconstitutional, or otherwise invalid touch,fondle,manipulate or massage any by a court of competent jurisdiction or should an specified anatomical area of any worker injunction be issued relative to the enforcement of or the body of any worker below the waist subsection (a), then all provisions set forth this and above the knee, directly, indirectly or article applicable to commercial bodily contact through a medium. establishments and sexually oriented businesses shall apply to businesses and establishments en- (j) To remain in the presence of any customer gaged in commercial bodily contact. who is displaying, exposing, intentionally (Ord. No. 13-2004, § 3, 7-20-04) touching, fondling or manipulating any specified anatomical area. Sec. 10-128. Local business tax receipts/home occupations. (k) To allow any customer to intentionally touch, massage or manipulate any speci- (a) The city manager or designee may take feed anatomical area while on the pre- such steps as may be necessary to ensure that the mises of the business or when in the local business tax receipt is paid by only such presence of a worker. individuals and entities that are lawfully permit- ted in accordance with the provisions of this (1) To solicit or require a customer to remove article. any item of clothing as a prerequisite to providing commercial bodily contact. (b) Adult entertainment establishments and sexually oriented businesses shall not be ap- (m) To accept or solicit any tip,remuneration, proved as home occupations. consideration or gratuity in excess of the (Ord. No. 13-2004, § 3, 7-20-04; Ord. No. 02-2007, fee provided in the executed customer § 4, 2-20-07) contract. (n) To accept or solicit any tip,remuneration, Sec. 10-129. Sexual encounter businesses consideration or gratuity in exchange for prohibited/prohibited acts—Un- any enhanced service. lawful provisions. (o) To fail to require a customer to cover such (a) It is unlawful to be an operator of or be a customers'specified anatomical areas with worker at a sexual encounter business. a towel,robe, undergarment,bathing suit (b) It is unlawful to cause, encourage, or allow or other similar fully opaque material a person under 18 years of age to be present at a while on the premises of the business. sexual encounter business. 3 Supp.No. 16 CD10:44 AMUSEMENTS AND ENTERAINMENTS § 10-203 (c) It is unlawful to aid or abet a person ment of any description, which device, machine, causing, encouraging or allowing a person under game or instrument is similar to, or in the nature 18 years of age to be present at a sexual encounter of a casino-type slot machine. business. (Ord. No. 04-2004, § 2, 3-16-04) (Ord. No. 13-2004, § 3, 7-20-04) Sec. 10-202. Slot machine or device prohib- Sec. 10-130. Immunity from prosecution. ited. The city and any and all of its officers, depart (a) It shall be unlawful to have, own, operate, ments or agents and any law enforcement officer use or allow another to have, own operate or use shall be immune from prosecution, civil or crimi a slot machine or device in the city, and slot nal, for the reasonable, good-faith trespass upon machines or devices are hereby prohibited in the an adult entertainment establishment or sexually city. oriented business while acting within the scope of (b) No local business tax receipts shall be the authority set forth in this article. issued by the city for any business, enterprise, or (Ord. No. 13-2004, § 3, 7-20-04) organization that proposes to operate a slot ma- chine or device in the city and no local business Secs. 10-131-10-199. Reserved. tax receipt shall be issued by the city for a slot machine or device. (Ord. No. 04-2004, § 2, 3-16-04; Ord. No. 02-2007, ARTICLE V. SLOT MACHINES OR § 4, 2-20-07) DEVICES Sec. 10-203. Exemption. Sec. 10-200. Purpose and intent. This article is not intended to and specifically The purpose and intent of this article is to does not regulate: regulate and prohibit, within the city, slot ma- (a) Merchandise-vending machines; chines or devices and casino-type slot machines as (b) Coin-operated mechanical or electrical mu- defined in section 10-201 of this article or as sical instruments or devices; prohibited by F.S. ch. 849. (Ord. No. 04-2004, § 2, 3-16-04) (c) Coin-operated amusement devices that are not in the nature of, or similar to, casino- Sec. 10-201. Definitions. type slot machines; or (d) Coin-operated amusement devices that The following words,terms,and phrases,when may be in the nature of or similar to used in this article, shall have the meanings casino-type slot machines or devices,which ascribed to them in this section, except where the are not used for commercial or betting context clearly indicates a different meaning: purposes but kept only for purposes of Casino-type slot machine shall mean a ma- display. chine, device, game or instrument which is pro— hibited by F.S. § 849.16, and which, by means of skill or chance,or both,has as its object the lining up of two or more colors, lights, or spinning objects, or any combination thereof. Slot machine or device shall mean an amuse- ment machine, device, game or instrument oper- ated by means of the insertion of a coin, bill, currency, credit card, debit card, ticket, token or slug, for use as a game, contest of skill or amuse- Supp.No. 16 CD 10:45 #1 ENVIRONMENT §34-181 Inoperable motor vehicle means a motor vehicle the enforcement authority in the discharge of which is unusable for its intended purpose or duties provided for in this article shall be punish- incapable of operating under its own power due to able as provided in section 1-15. extensive damage, disassembly, deterioration, or (Ord. No. 7-93, § 1(610.25), 4-20-93) the existence of trash or undergrowth in or around the motor vehicle indicating disuse. The absence Sec. 34-179. Additional remedies. of a license plate for the current year and/or the In addition to the provisions of this article, any absence of a current motor vehicle registration person who has violated any of the provisions of shall be prima facie evidence that such motor this article shall be subject to all provisions re- vehicle is inoperable. This definition shall not garding enforcement of ordinances contained in apply to motor vehicles owned or leased by an this Code, including the remedies provided by automobile dealer,provided that such dealer shall section 2-246 et seq. possess a current,valid local business tax receipt (Ord. No. 7-93, § 1(610.23), 4-20-93) and the vehicles are stored on property which is properly zoned and approved for use as an auto Sec. 34-180. Property abandoned or lost on mobile dealership. public property. Motor vehicle means a vehicle or conveyance Any abandoned property or lost property present which is self-propelled and designed to travel on public property shall be taken into custody by along the ground, and includes, but is not limited law enforcement personnel and disposed of in to,automobiles,buses,mopeds,motorcycles,trucks, accordance with F.S. ch. 705 or any successor law tractors,go-carts,golf carts,campers,motor homes or statute. and trailers. (Ord. No. 7-93, § 1(610.03), 4-20-93) Private property means any real property within the city which is privately owned and which is not Sec. 34-181. Storing, parking or leaving on defined in this section as public property. private property. Public property means any property in the city (a) No person shall park,store,leave or permit which is owned by a governmental body and the storing or leaving of any abandoned property buildings, parking lots, parks, streets, sidewalks, or inoperable motor vehicle of any kind, whether swales, rights-of-way, easements and other simi- attended or not,upon any private property within lar property, except paved portions of rights-of- the city;except that,with respect to an inoperable way motor vehicle,such vehicle may be parked, stored (Ord. No. 7-93, § 1(610.01), 4-20-93; Ord. No. or left on the property for a period of time not to 25-2003, § 2, 9-2-03; Ord. No. 02-2007, § 5, 2-20- exceed 72 hours.The presence of such abandoned 07) property,and inoperable vehicles,or parts thereof, Cross reference—Definitions and rules of construction on private property is hereby declared a public generally, § 1-2. nuisance which may be abated in accordance with the provisions of this article. Sec. 34-177. Entry upon private property au- thorized. (b) Required screening for inoperable or aban- doned motor vehicles. The enforcement authority shall be immune from prosecution,civil or criminal,for reasonable, (1) Any inoperable motor vehicle parked or good faith trespass upon real property while in stored within a carport or in a building the discharge of duties imposed by this article. that is not fully enclosed and which is (Ord. No. 7-93, § 1(610.21), 4-20-93) visible from the right-of-way or other pub- lic or private property shall be completely Sec. 34-178. Penalty. covered with an opaque covering made of either vinyl,nylon,chamois,or other sim- Whoever opposes, obstructs or resists the en- ilar material that is resistant to weather forcement authority or any person authorized by and is commercially intended to be used Supp.No. 16 CD34:15 §34-181 CAPE CANAVERAL CODE as an outdoor protective cover.Each cover cannot be delivered to the owner or occupant, a shall display a solid and uniform, neutral copy of the notice shall be left at the property, or earth tone color and be securely fas- with a duplicate copy sent to the owner or occu- tened to the inoperable motor vehicle at pant of the property by certified mail, return all times, except when such vehicle is receipt requested. being actively repaired. Neutral or earth tone colors include white,brown,grey and (b) Contents. The notice shall contain the re black. All coverings must provide suffi quest for removal within the time specified in tient screening so as to prevent ordinary subsection (a) of this section and the notice shall viewing of any inoperable motor vehicle advise that upon failure to comply with the notice from adjacent public and private property. of removal the enforcement authority shall under- take such removal,with the cost of removal to be (2) Any motor vehicle parts that are disman- levied against the owner or occupant of the prop- tled or disassembled and waiting to be erty. The notice shall also advise the person to attached or assembled to a motor vehicle whom the notices are applicable of his right to may be stored temporarily in a carport or contest the determination of the enforcement au- in a building that is not fully enclosed, thority that a violation under this article exists by provided that such motor vehicle parts requesting a hearing before the code enforcement are necessary to perform active repairs on board and that, if such a hearing is desired, the an inoperable motor vehicle. Where an request can be made by filing a written request inoperable motor vehicle is not being ac- with the code enforcement board secretary. A tively repaired, storage of motor vehicle request for a hearing must be made within the parts is prohibited within a carport or in a time for removal set forth in subsection(a)of this building that is not fully enclosed and section. which are visible from the right-of-way or (Ord. No. 7-93, § 1(610.07), 4-20-93) other public or private property. (3) For the purposes of this section, the term Sec. 34-183. Code enforcement board hear- "active repairs"or"actively repaired"shall ing procedures. mean the active and diligent repair of any (a) Setting date; notice. Upon receiving a re- inoperable motor vehicle by any person or quest for a hearing pursuant to this article, the persons. It shall be presumed that a mo- code enforcement board secretary shall set the tor vehicle is not being actively repaired hearing before the next regular meeting of the when no person is observed making any code enforcement board. Notice of the hearing repair or repairs. shall be given to the person requesting the hear- (Ord. No. 7-93, § 1(610.05), 4-20-93; Ord. No. ing and to the enforcement authority. No other 25-2003, § 2, 9-2-03) notices are required.A request for hearing under this section stays all enforcement proceedings Sec. 34-182. Notice to abate. until an order of the code enforcement board is (a) Issuance. Whenever it comes to the atten- entered. tion of the enforcement authority that any nui- (b) Conduct. Hearings under this article shall sance as defined in section 34-181 appears to exist be conducted under and governed by the proce- on private property, he shall cause a written dures set forth in section 2-246 et seq. notice to be affixed to the property, declaring the (c) Board determination. The code enforce existence of the nuisance and ordering whoever ment board shall determine either that there has an interest in the property to comply with this article by removing the abandoned property or exists a nuisance or that there does not exist a inoperable vehicle within 72 hours of the notice. nuisance. With reference to hearings under this In addition to the foregoing notice, a copy of the article, the code enforcement board has no other notice shall be delivered to the owner or occupant authority and is not authorized to modify or vary of the private property; if a copy of the notice the terms and conditions contained in this article. Supp.No. 16 CD34:16 FIRE PREVENTION AND PROTECTION §38-4 b. Nonresidential,in- nal Revenue Code of 1986, as amended, cludes all retail,of- shall be exempt from the payment of the fice,industrial and permit fees imposed by this section. residential struc- tures that are re- (g) In the sole discretion of the fire chief, or quired to have lo- the chiefs designee, plans submitted for cal business tax review and approval by the city fire de- receipt per section partment under the terms of this section 110-521: may be required to be reviewed by a fire First 1,000 square protection engineer. The cost of such re- feet 25.00 view shall be borne exclusively by the Each additional applicant. Such costs shall be in addition 1,000 square feet. 1.75 to any applicable permit fee. c. Tents, canopies (Ord. No. 18-94, § 1, 6-7-94; Ord. No. 5-95, § 1, 2-21-95; Ord. No. 11-2003, § 2, 5-6-03; Ord. No. and temporary 02-2007, § 6, 2-20-07) structures 25.00 (2) Annual inspection of fire suppression, detection Sec. 38-3. Fire inspectors designated as city and annunciation sys code inspectors. tems: All city firefighters who are appointed by the a. Fire protection city fire chief as fire inspectors shall be empow- systems 25.00 ered as code enforcement inspectors of the city for b. Fire detection sys- the enforcement of fire safety codes in force within tems 25.00 the city.As code enforcement inspectors, such fire c. Fire annunciation inspectors shall have all the powers and duties systems 25.00 set forth in F.S. ch. 162 to enforce the fire safety d. Fire pump 25.00 codes of the city. (Ord. No. 21-94, § 1, 7-19-94) e. Smoke evacuation systems 25.00 Sec. 38-4. Restriction on storage and dis- (3) The minimum annual fire inspection pensing of flammable materials fee shall be $50.00 excluding fees and liquids. specified in paragraphs(d)(1)and(2) above. Except as provided in this section, it shall be (4) Individuals or entities sharing one unlawful for any person to store more than 15 office or business suite or bay shall gallons of gasoline,kerosene or diesel fuel,except be charged a single set of inspection such greater amounts as are normally stored in fees. the fuel tanks of motor vehicles in any residential (e) Any person who fails to obtain the neces- area of the city. The provisions of this section sary permits or pay the required inspec shall not apply to above-ground liquid petroleum, tion fee when due shall be liable to the central gas distribution systems for mobile home parks, as defined in section 110-1,in existence on city for an amount equal to the required fee as a penalty, in addition to the pay- the effective date of the ordinance from which this ment of the fee. section derives. In no event shall above-ground storage of liquid petroleum, gasoline,kerosene or (f) Any organization which qualifies for ex- diesel fuel exceed 250 gallons in any residential emption from taxation pursuant to sec- area of the city. tion 501(c)(3) of the United States Inter- (Ord. No. 22-94, § 1, 9-6-94) Supp.No. 16 CD38:5 §38-5 CAPE CANAVERAL CODE Sec. 38-5. Restriction on the use of bottled Florida Statute 633.025 (1), Minimum fire safety gas; permit required. standards, is adopted by reference as though it (a) Any person who utilizes bottled or tank gas were copied in this article in full. as a fuel source for any structure within the city (Code 1981, § 629.01; Ord. No. 13-2002, § 1, shall be required to obtain a building permit prior 8-20-02) to the installation or replacement of any bottle, Cross reference-Building code,§82-31 et seq. tank or other gas storage device. No building Sec. 38-27. Same-Inspector. permit shall be issued and no hookup shall occur unless the city fire inspector shall have certified Whenever the term "authority having jurisdic- to the building official that the storage device and tion" or "official" is used in the code adopted in the hookup does not constitute a hazard to the section 38-26, it shall be construed to mean the residents of the city. This subsection(a) shall not fire inspector of the city or his authorized repre- apply to portable cooking devices. sentative. (b) This section shall apply only to new instal- (Code 1981, § 629.03) lations of bottled or tank gas and replacements of existing gas bottles or tanks occurring on or after Sec. 38-28. Life Safety Code-Adopted. October 1, 1994. The Life Safety Code adopted by the state fire (Ord. No. 22-94, § 2, 9-6-94) marshal, Florida Statute 633.025 (3), is adopted Sec. 38-6. Doors to businesses or public halls. by reference as though it were copied in this All doors to business premises or premises article in full. used as gathering places for the public, for any (Code 1981, § 626.01; Ord. No. 12-94, § 1(626.01), purpose, shall be installed in a manner that such 4-5-94; Ord. No. 25 95, § 1, 9-19-95; Ord. No. doors open to the outside of such premises. 13-2002, § 2, 8-20-02) Cross references-Unsafe building abatement code,§82-56 (Ord. No. 22-94, § 3, 9-6-94) et seq.;housing code, §82-271 et seq. Sec. 38-7. Smoke detectors to have battery backup. Sec. 38-29. Same-Fire inspector. (a) Each smoke detector installed in any struc- Whenever the term "authority having jurisdic- ture within the city which utilizes electric current tion" or "official" is used in the code adopted in provided by electric wiring connected to the section 38-28, it shall be construed to mean the structure's main electrical system as a primary fire inspector of the city or its authorized repre- energy source shall contain a battery-powered sentative as outlined in Florida Statutes. alternative energy source. (Code 1981, § 626.03; Ord. No. 12-94, § 2(626.03), (b) This section shall apply to smoke detectors 4-5-94) installed after September 1, 1994. (Ord. No. 22-94, § 4, 9-6-94) Sec. 38-30. Reserved. Secs. 38-8-38-25. Reserved. Editor's note-Ord. No. 13-2002, § 3, adopted Aug. 20, 2002,repealed§38-30,which pertained to the adoption of the Standard Fire Prevention Code and derived from Code 1981, §621.2; Ord. No. 14-92, § 1, adopted Aug. 18, 1992; Ord. No. ARTICLE II. FIRE PREVENTION CODES* 17-93,§1(621.01),adopted June 15,1993;and Ord.No.25-95, Sec. 38-26. Florida Fire Prevention Code- §2,adopted Sept. 19, 1995. Adopted. Sec. 38-31. Administrative authority or offi- The Florida Fire Prevention Code and the life cial. safety code adopted by the state fire marshal, Whenever the term "administrative authority" *Cross reference-Code enforcement,ch.2, art.VI. or "official" is used in the code adopted in section State law references-Mandatory uniform fire safety standards,F.S.§633.022;minimum fire safety standards,F.S. §633.025. 41") Supp. No. 16 CD38:6 Chapter 70 TAXATION* Article I. In General Secs. 70-1-70-25. Reserved. Article II. Public Service Tax Sec. 70-26. Definitions. Sec. 70-27. Authority;findings. Sec. 70-28. Applicability. Sec. 70-29. Levied. Sec. 70-30. Exemptions. Sec. 70-31. Payment. Sec. 70-32. Computation. Sec. 70-33. Purchase of utilities service. Sec. 70-34. Monthly computation. Sec. 70-35. Collection. Sec. 70-36. Records. Sec. 70-37. Purchase of utilities service without collecting tax. Sec. 70-38. Failure to pay taxes collected. Sec. 70-39. Discontinuance of utilities service. Sec. 70-40. Sale of utilities service without collection of tax. Sec. 70-41. Payment of utilities service without payment of tax. Sec. 70-42. Failure to pay tax. Sec. 70-43. Penalty. Sec. 70-44. Appropriation of revenue. Sec. 70-45. Continuance of tax and appropriation. Secs. 70-46-70-65. Reserved. Article III. Local Business Tax Sec. 70-66. Definitions. Sec. 70-67. Levied. Sec. 70-68. Violation;penalty. Sec. 70-69. Receipt required;payment of tax prerequisite to issuance. Sec. 70-70. Form, signing of receipts;report of information. Sec. 70-71. Engaging in business without paying tax or making reports. Sec. 70-72. Evidence of engaging in business. Sec. 70-73. False statement in receipt application. Sec. 70-74. Receipt year;tax payment date;term of receipt;proration of tax. Sec. 70-75. Penalty for failure to obtain or renew receipt. Sec. 70-76. Delinquencies. Sec. 70-77. Separate receipt required for each place of business. Sec. 70-78. Multiple receipts. Sec. 70-79. Preservation, display of receipt. Sec. 70-80. Issuance of duplicate. Sec. 70-81. Transfer of receipt. Sec. 70-82. Refunds. Sec. 70-83. Exemptions. Sec. 70-84. Insurance. Sec. 70-85. Special requirements for contractors and subcontractors. Sec. 70-86. Records of issued receipts. Sec. 70-87. Records of receipts. *Cross references-City treasurer,§2-141 et seq.;finance, §2-206 et seq. State law references-Ad valorem taxation,F.S.ch. 192 et seq.;municipal finance and taxation,F.S. § 166.101 et seq. Supp.No. 16 CD70:1 CAPE CANAVERAL CODE Sec. 70-88. Local business tax for businesses not otherwise designated. Sec. 70-89. Schedule of rates. Supp.No. 16 CD70:2 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. Sec. 70-37. Purchase of utilities service with- If any purchaser shall fail, neglect or refuse to 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. to be received by the seller for the sale of any (Code 1981, § 541.12; Ord. No. 32 93, § 1(541.12), utilities service without,at the same time,collect- 10-5-93) ing the tax levied in this article in respect to the purchase of such utilities service. Sec. 70-38. Failure to pay taxes collected. (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 (Code 1981, § 541.16; Ord. No. 32-93, § 1(541.16), seller of the amount of such tax due to the city by 10-5-93) action at law or suit in equity. If the tax shall be 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. 16 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 following words, terms and phrases,when the default, which penalty shall be collected by used in this article, shall have the meanings the seller and paid over to the city. If any seller ascribed to them in this section, except where the shall discontinue the service of a purchaser be context clearly indicates a different meaning: cause of the nonpayment of the tax, it shall be unlawful to restore such service until the tax and Business, profession and occupation do not penalty shall have been paid in full. include the customary religious, charitable or (Code 1981, § 541.17; Ord. No. 32-93, § 1(541.17), educational activities of nonprofit religious, non- 10-5-93) profit charitable and nonprofit educational insti- tutions in this state, which institutions are more Sec. 70-43. Penalty. particularly defined and limited as follows: (1) Religious institutions means churches and Any seller or officer, agent or employee of any ecclesiastical or denominational organiza- seller or any purchaser or any officer, agent or tions or established physical places for employee of any purchaser who shall violate sec- worship in this state at which nonprofit tions 70-37, 70-40, 70-41 and 70-42 shall, upon religious services and activities are regu- conviction, be punished pursuant to section 1-15. larly conducted and carried on and also (Code 1981, § 541.18; Ord. No. 32-93, § 1(541.18), means church cemeteries. 10-5-93) (2) Educational institutions means state tax- supported or parochial, church and non- Sec. 70-44. Appropriation of revenue. profit schools,colleges or universities con- ducting regular classes and courses of All revenues received,collected or derived from study required for accreditation by or mem- the taxes levied by this article shall be paid by the bership in the Southern Association of sellers to the city treasurer and shall be held and Colleges and Secondary Schools, the de- used and considered appropriated for all legal partment of education or the Florida Coun- corporate purposes, including the payment of cil of Independent Schools. Nonprofit li- revenue obligations for sanitary sewer purposes. braries, art galleries and museums open (Code 1981, § 541.20; Ord. No. 32-93, § 1(541.19), to the public are defined as educational 10-5-93) institutions and eligible for exemption. (3) Charitable institutions means only non- Sec. 70-45. Continuance of tax and appropri- profit corporations operating physical fa- 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, ation, so long as all of the revenue obligations and enacted a new Art. III,§§70-66-70-89 to read as herein 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. 16 CD70:6 TAXATION §70-66 cilities in this state at which are provided Merchandise means any goods,wares,commod- charitable services, a reasonable percent- ities or items which are bought, sold, rented or age of which shall be without cost to those leased in the normal course of business or trade. unable to pay. Merchant means any person engaged in the Contractor means any person accepting or of- business of selling merchandise at retail or whole- fering to accept orders or contracts for doing any sale. The term "merchant" shall not include the work on or in any building or structure requiring operators of bulk plants or service stations engag- the use of building materials or accepting or ing principally in the sale of gasoline and other offering to accept orders or contracts to do any petroleum products;those conducting distress sales; paving or curbing on sidewalks or streets on installation contractors; milk and dairy products public or private property requiring the use of distributors; sellers of motor vehicles; peddlers of appropriate material of any composition; accept- fuel oil, gasoline, LP gas, or produce; and opera- ing or offering to accept orders or contracts to tors of restaurants, cafes, cafeterias, caterers or excavate earth, rock or material for foundations hotels. or any other purpose; accepting or offering to accept orders or contracts to construct any sewer Merchant, retail, means any merchant who of appropriate material or other material; accept- sells to the consumer for any purpose other than ing or offering to accept orders or contracts for resale. building, remodeling, repairing, wrecking, razing or demolishing any structure or for moving any Merchant, wholesale, means any merchant who building or for the installation, maintenance or sells to another for the purpose of resale. Sales to repair of neon signs,air conditioning apparatus or governmental entities shall be considered whole- equipment, whether such work is done or offered sale sales. to be done by day labor, general contract or subcontract. Every person engaging in the busi- Number of employees means,in those instances ness of accepting or offering to accept orders for in this article wherein the local business tax is contracts for doing any work on or in any building based upon full- or part-time "number of employ- or premises involving erecting, installing, alter- ees" it shall mean the average daily number of ing, repairing, servicing or maintaining electric full- or part-time employees during the past cal- wiring, devices or appliances permanently con- endar year that were employed in the business on nected to such wiring or the erecting,repairing or an average business day.A new business shall be maintaining of lines shall be deemed to be an based on number of full- or part-time employees electrical contractor.Every person engaged in the 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- licensed 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. work of erecting any one of such buildings, shall be deemed to be a contractor if he or she shall Sale means the transfer of ownership or title or build more than one house in any one year. possession, transfer, exchange or barter, whether conditional or otherwise, for a consideration. Employee means any person who engages in (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, any business, profession or occupation under any § 2, 2-20-07) appointment, agency, contract of hire or appren- Cross reference—Definitions and rules of construction ticeship, express or implied, oral or written. generally, § 1-2. Supp.No. 16 CD70:7 §70-67 CAPE CANAVERAL CODE Sec. 70-67. Levied. issuance of the receipt, pay the amount of local business tax required as provided in section 70- A local business tax is hereby levied for the 89. privilege of engaging in or managing any busi- (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, ness, profession or occupation within the city. § 2, 2-20-07) Such local business tax is levied on any person who: Sec. 70-70. Form, signing of receipts;report (1) Maintains a permanent business location of information. or branch office within the city for the (a) The city treasurer shall prescribe the form privilege of engaging in or managing any of all local business tax receipts and applications business in the city. therefor, and, except as otherwise provided by ordinance, all receipts shall be signed by the city (2) Maintains a permanent business location treasurer and shall be invalid for all purposes or branch office within the city for the unless so signed. privilege of engaging in or managing any profession or occupation within the city. (b) Each person required to pay a local busi- ness tax shall report under oath to the city (3) Does not qualify under subsection(1) and treasurer all information necessary for a proper who transacts any business or engages in determination of the local business tax due for any occupation or profession in interstate each classification to which he or she is subject, commerce,if such local business tax is not including the number of employees, size or aver- prohibited by section 8 of article I of the age inventory of stock on hand.The city treasurer United States Constitution. is authorized to prepare interrogatories to furnish (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, forms for filing of the reports to obtain the infor- §; 2, 2-20-07) mation necessary to determine the proper local business tax due. The city treasurer is further Sec. 70-68. Violation; penalty. authorized to make such investigation and inspec- tion of each place of business and those records (a) Each day of sale or disposal of merchandise pertaining to those taxes due under this article. or engaging in a business or occupation without complying with this article shall constitute a (c) Any person who is both a wholesale and separate and distinct violation of this article. retail merchant is required to make separate reports for the wholesale business and for the (b) Any person violating this article shall,upon retail business and to obtain receipts accordingly; conviction, be punished as provided in section however, any retail merchant who desires to do a 1-15. wholesale business may elect to do such whole- (Ord. No. 25-94, § 1, 7-28-94) sale business under his or her retail receipt by 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) Each person who shall engage in, transact or Sec. 70-71. Engagingin business without manage or be the agent for any business or who shall perform or offer to perform services or sell paying tax or making reports. goods,advertise goods for sale or perform services It shall be unlawful for any person to exercise or solicit or advertise the performance of services any of the privileges or to carry on or engage in or for any of the businesses, professions or occupa- conduct any of the businesses, occupations or tions mentioned in this article shall first procure professions specifically enumerated in this article a local business tax receipt from the city and without paying the local business tax required by shall, upon procuring the receipt and before the this article in the manner provided in this article "411111) Supp. No. 16 CD70:8 TAXATION § 70-77 or to fail to make any reports to the city treasurer after for businesses, occupations or agents which as required or to violate any other section of this open or start after April, but before October, article. unless otherwise provided 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) § 2, 2-20-07) 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 renew receipt. The advertisement of any business, profession or occupation, by sign, newspaper, magazine, fly- (a) Any person who engages in or manages any ers, yellow pages or any other means shall be business, occupation or profession without first conclusive evidence of the engaging in and carry- obtaining a receipt required under this article is ing on in the city of the business, profession or subject to the penalty stated in F.S. § 205.053(2), occupation so advertised. or any successor statute. (Ord. No. 25-94, § 1, 7-28-94) (b) Any person who engages in any business, Sec. 70-73. False statement in receipt appli- occupation or profession covered by this article cation. who does not pay the required local business tax within 150 days after the initial notice of tax due It is unlawful for any person to make a state- and who does not obtain the required local busi- ment showing value of inventory in an amount ness tax receipt is subject to the civil action, less than the true amount thereof in his or her penalties, costs and attorneys' fees provided in application for a local business tax receipt or to F.S. § 205.053(3), or any successor statute. knowingly make a false statement as to any other (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, condition or factor upon which the local business § 2, 2-20-07) tax is or shall be based, the effect of which would be to reduce the amount of such tax. (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, Sec. 70-76. Delinquencies. § 2, 2-20-07) Each receipt not renewed when due and pay- able shall be considered delinquent and subject to Sec. 70-74. Receipt year; tax payment date; the maximum penalty provided in F.S.§205.053(1), term of receipt;proration of tax. or any successor statute. Nothing in this section, The receipt year for all local business tax however, shall be construed to prevent the impo- receipts shall begin October 1 of each year and sition of a fine or imprisonment or both, upon shall expire on September 30 of the succeeding conviction for violation of this article. year.All such receipts shall be issued by the city (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, treasurer beginning August 1 of each year upon § 2, 2-20-07) receipt of the appropriate local business tax, and such tax shall be due and payable on September Sec. 70-77. Separate receipt required for 30 of each year. If September 30 falls on a holiday each place of business. or a weekend,the tax shall be due and payable on or before the first working day following Septem- A separate receipt shall be obtained for each ber 30. No receipt shall be issued for more than place of business conducted, operated, main- one year. For each receipt obtained by any new tained or carried on by every person engaged in business, occupation or agent after April 1 of the any occupation, trade or enterprise for which a following year, 75 percent of the tax for one year receipt is required by this article. shall be paid and shall be reduced by an addi- (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, tional 5 percent per month for each month there- § 2, 2-20-07) Supp.No. 16 CD70:9 §70-78 CAPE CANAVERAL CODE Sec. 70-78. Multiple receipts. (b) No local business tax receipt issued to a 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) required in the operation of such business, occu- State law reference—Similar provisions,F.S.§205.043(2), pation or profession under this article to have (3). more than one receipt and to pay more than one local business tax, the person shall pay in full all Sec. 70-82. Refunds. local business taxes so required. Taxes prescribed by this article shall in no case Whenever any business, occupation or profes be refunded. sion shall fall into more than one of the classifi (Ord. No. 25 94, § 1, 7-28-94) 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) 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- eral tort liability in an amount of not less than All local business tax receipts granted by the $100,000.00 to any one person, $300,000.00 for city shall be carefully preserved and shall be any one accident and $25,000.00 property dam- displayed in a conspicuous place in the place of age, prior to the issuance of a license: 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. (5) Riding devices. Duplicate local business tax receipts may be (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, issued by the city treasurer.A fee of$10.00 will be § 2, 2-20-07) assessed for each duplicate receipt issued. (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, Sec. 70-85. Special requirements for contrac- § 2, 2-20-07) tors and subcontractors. (a) All contractors and subcontractors shall be Sec. 70-81. Transfer of receipt. required to furnish a bond in the amount of $1,000.00 payable to the city prior to the issuance (a) Receipts may be transferred from one loca of a local business tax receipt as provided in F.S. tion to another, provided that the receipt is pre- § 489.131(3)(e). sented to the department of finance for approval of such transfer.Such transfer of receipt approved (b) No local business tax receipt shall be is- by the city treasurer will be made only after sued to any contractor, general or otherwise, payment to the city of a fee up to ten percent of unless the applicant shall first present to the city the annual local business tax, but not less than a certificate showing the applicant to be insured $3.00 nor more than $25.00. for general tort liability in the amount of not less Supp. No. 16 CD70:10 TAXATION §70-89 than $100,000.00 to any one person, $300,000.00 noted in this supplemental schedule. For exam- for any one accident and $25,000.00 for property ple, the fee for an accounting firm with seven damage. employees is $93.75 ($75.00 base plus a 25- (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, percent supplemental fee of$18.75 = total fee of § 2, 2-20-07) $93.75). In no event however, shall the total license fee in effect on the day prior to the Sec. 70-86. Records of issued receipts. effective date of the enactment of the ordinance from which this article derives be increased in The city treasurer shall keep an accurate and amounts greater than the amounts of increase thorough record of all local business tax receipts permitted by section 8, chapter 93-180, Laws of issued, showing the nature of the receipt,its date, Florida. expiration and to whom issued. (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, Supplemental Sched- § 2, 2-20-07) ule (Number of Employees) Total Receipt Fee Due Sec. 70-87. Records of receipts. 5 or less Base fee only Every person engaging or continuing in the city 6 to 25 Base + 25% any business or exercising any privilege subject to 26 to 50 Base + 50% a local business tax shall keep and preserve 51 to 100 Base + 75% suitable records of the average annual inventory More than 100 Base + 100% of stock on hand, records sufficient to show the number of employees and a record of all goods and Category Base Fee merchandise purchased or received for resale. Every such person shall keep and preserve, for a Accountant/auditor/CPA/bookkeeper $ 75.00 period of two years, all invoices of goods and Advertising/marketing/public rela- merchandise purchased or received for resale and tions 75.00 the employment records of all employees and shall furnish such records to the city treasurer for Animal care/grooming/boarding 75.00 inspection upon request. Apparel service center(includes tai- (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, lor, alterations, shoe repair and § 2, 2-20-07) 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- (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, pair) 75.00 § 2, 2-20-07) Automobile wreckers 50.00 Sec. 70-89. Schedule of rates. Banks,including S&Ls,credit unions and full service banks 250.00 SERVICE-ORIENTED BUSINESSES Bondsman 75.00 In addition to the posted local business tax Brokerage houses/investment com- receipt below, the following supplemental sched- panies 125.00 ule applies to all service-oriented business. The total license fee, therefore, is equal to the fee Business office renting or leasing 75.00 Supp.No. 16 CD70:11 §70-89 CAPE CANAVERAL CODE Category Base Fee Category Base Fee Business service center(includes fax Introduction service 125.00 service, shipping/packing, notary, mail boxes, clerical support and Laboratory (scientific or medical) 125.00 associated services) 50.00 Landscaping/lawn service/tree ser- Car wash 50.00 vice 50.00 Catering 50.00 Laundromat 75.00 City directory 75.00 Legal services 75.00 Clairvoyant/astrologist/palmistichan Licensed child care 50.00 nelor/unlicensed hypnotist 75.00 Licensed massage therapist 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 Diet center 75.00 barbershops, beauty centers and 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 Garage/auto and truck repair 75.00 Shipping and delivery company . . . . 75.00 Graphics/printing 75.00 Signage companies 50.00 Gunsmith 50.00 Specialty transportation services(in- cludes limousine services and shut- Hospital 250.00 ties) 93.75 Instructional centers 75.00 Taxi company(see city Code of Ordi- Insurance companies 75.00 nances, chapter 80, Vehicles for Supp.No. 16 CD70:12 TAXATION § 70-89 Category Base Fee Category Base Fee Hire for additional requirements) 125.00 Auto part/accessories 50.00 Title/abstract agencies 75.00 Automobiles-new or used 75.00 Towel and linen supply 75.00 Bait and tackle 50.00 Travel agent 75.00 Bakeries 50.00 Truck lines 75.00 Bicycle and mower sales 50.00 Upholsterers 50.00 Boat sales 75.00 Video production 75.00 Bottled beverages 50.00 Watch and clock repair 50.00 Business machines 50.00 Other service business not otherwise Convenience store (includes sun- classified 75.00 dries only) 50.00 RETAIL-ORIENTED BUSINESSES Convenience store (includes sun- dries and fuel) 125.00 In addition to the posted local business tax Florists 50.00 receipt below, the following supplement schedule applies to all retail-oriented business. The total Gas distributors-bottled 75.00 receipt fee, therefore, is equal to the fee noted in Gasoline-via tank truck 125.00 this supplemental schedule. For example, the fee for a convenience store with 13 total full- and Liquidators 50.00 part-time employees on the payroll is $62.50 ($50.00 base plus a 25-percent supplemental fee Mail order 50.00 of $12.50 = total fee of $62.50). In no event Merchants 50.00 however, shall the total receipt fee in effect on the Monuments/tombstones 50.00 day prior to the effective date of the enactment of the ordinance from which this article derives be Newspaper companies 50.00 increased in amounts greater than the amounts of Nursery-plants and trees 50.00 increase permitted by section 8, chapter 93-180, Laws of Florida. Pawnbrokers 125.00 Supplemental Sched- Photofinishing and developing 50.00 ule Secondhand dealers 50.00 (Number of Employees) Total Receipt Fee Due 5 or less Base fee only Service station(includes fuel pumps, 6 to 25 Base + 25% repairs, towing, carwash and re- lated automotive services) 125.00 26 to 50 Base + 50% 51 to 100 Base + 75% Wholesale and gasoline storage 93.75 More than 100 Base + 100% Other retail business not otherwise Category Base Fee classified 50.00 Automat (retail business containing ENTERTAINMENT-ORIENTED BUSINESSES five or more coin-operated mer In addition to the posted local business tax chandise or service dispensing ma receipt below, the following supplemental sched- chines) $ 50.00Ale ule applies to all entertainment-oriented busi- Auction house 50.00 ness. The total receipt fee, therefore, is equal to Now- Supp.No. 16 CD70:13 §70-89 CAPE CANAVERAL CODE the fee noted in this supplemental schedule. For Category Base Fee example,the fee for an entertainment center with Sporting arena/complex 93.75 33 total full- and part-time employees on the payroll is$187.50($125.00 base plus a 50-percent Other entertainment business not supplemental fee of$62.50 =total fee of$187.50). otherwise classified 93.75 In no event,however, shall the total receipt fee in effect on the day prior to the effective date of the CONTRACTOR AND SUBCONTRACTORS enactment of the ordinance from which this arti- In addition to the posted local business tax cle derives be increased in amounts greater than receipt below, the following supplemental sched- the amounts of increase permitted by section 8, ule applies to all contractors and subcontractors. chapter 93-180, Laws of Florida. The total receipt fee, therefore,is equal to the fee Supplemental Sched noted in this supplemental schedule. For exam- ule ple, the fee for an AC and heating company with (Number of Employees) Total Receipt Fee Due six total full- and part-time employees on the payroll is $93.75 ($75.00 base plus a 25-percent 5 or less Base fee only supplemental fee of$18.75 = total fee of$93.75). 6 to 25 Base + 25% In no event,however, shall the total receipt fee in 26 to 50 Base + 50% effect on the day prior to the effective date of the 51 to 100 Base + 75% enactment of the ordinance from which this arti- More than 100 Base + 100% cle derives be increased in amounts greater than the amounts of increase permitted by section 8, Category Base Fee chapter 93-180, Laws of Florida. Bowling center $125.00 Supplemental Sched- Carnival(requires council approval), ule per day 250.00 (Number of Employees) Total Receipt Fee Due Circus (requires council approval), 5 or less Base fee only per day 250.00 6 to 25 Base + 25% 26 to 50 Base + 50% Convention center 93.75 51 to 100 Base + 75% More than 100 Base + 100% Driving range 125.00 Entertainment center (includes ar- Category Base Fee cades, miniature golf, fun house, Contractors(Division I or Division II go-carts,riding machines and coin as defined by Florida Statutes, operated machines) 125.00 Chapter 489) $125.00 Gun range(location requires council Subcontractors and Contractors other approval) 125.00 than Division I or Division II. . . . 75.00 Movie theater 125.00 includes, but is not limited to the following: Playhouse/theme park 125.00 AC and heating Skating center 125.00 Alarms and security Special limited engagement event(for Cabinet makers example,concerts,sporting events, Carpenters bungee jumping, helicopter rides, Concrete restoration etc.)—requires council approval, with fee to be established by coun Doors/windows cil, minimum per day 25.00 Drywall Supp. No. 16 CD70:14 TAXATION §70-89 Electricians Supplemental Sched- General repair and maintenance ule High rise window cleaning (Number of Employees) Total Receipt Fee Due Machine shop (includes welding, grind- 5 or less Base fee only ing, boring; excludes fabrication) 6 to 25 Base + 25% 26 to 50 Base + 50% Masons 51 to 100 Base + 75% Painters More than 100 Base + 100% Plumbers Category Base Fee Pressure cleaning Concrete plant $175.00 Roofers Distribution center 93.75 Sheet metal Factories/fabrication plants 175.00 Well drilling Machine shop 93.75 UTILITIES Research and development site 175.00 Category Base Fee Other manufacturing business not otherwise classified 93.75 Cable $250.00 Electric 250.00 DWELLINGS FOR RENT Natural gas 250.00 Category Base Fee Radio stations 250.00 Adult congregate living, plus $2.00/ Telephone 250.00 unit $25.00 Television stations 93.75 Hotels/motels, plus $2.50/unit 25.00 Utilities 250.00 Mini storage complexes, plus $2.00 unit 25.00 Other utility business not otherwise classified 250.00 Operators of apartments/mobile home parks/dormitories/rooming houses, MANUFACTURING-ORIENTED BUSINESSES plus $2.50/unit 25.00 In addition to the posted local business tax Operators of other dwellings (other receipt below, the following supplemental sched- dwellings rented or advertised for ule applies to all manufacturing-oriented busi- rent, three times or more a year ness. The total receipt fee, therefore, is equal to on a short-term basis-30 days or the fee noted in this supplemental schedule. For less), plus $2.50/unit 25.00 example,the fee for a factory center with 165 total Operators of other dwellings not spe- full- and part-time employees on the payroll is $350.00 ($175.00 base plus a 100-percent supple- cifically cited herein, plus $2.00/ mental fee of$175.00=total fee of$350.00). In no unit 25.00 event,however, shall the total receipt fee in effect COIN-OPERATED DEVICES on the day prior to the effective date of the enactment of the ordinance from which this arti- A "coin-operated device" is hereby defined as cle derives be increased in amounts greater than any machine, apparatus or device that operates the amounts of increase permitted by section 8, upon the insertion of money,trade token,ticket or chapter 93-180, Laws of Florida. slug greater in denomination than ten cents. The Supp.No. 16 CD70:15 §70-89 CAPE CANAVERAL CODE premises in which a coin-operated machine is (examples include: air machines and located and operated shall pay the receipt fee set car vacuum/cleaning machines, car forth herein. Coin-operated devices where the wash machines, photocopying ma- entire proceeds of such devices are used for char- chines) itable purposes as defined in section 501(C)(3) of Other, each 12.50 the IRS Code of 1986 are exempted from these (Ord. No. 25-94, § 1, 7-28-94; Ord. No. 02-2007, fees.Telephones,newspaper dispensers,U.S.stamp § 2, 2-20-07) machines, checking lockers, toilet locks and ciga- Cross reference—Occupational license required for out- rette vending machines are also exempted from door entertainment activities, § 10-49. these fees.When the vending machine is provided exclusively as a service to employees or tenants and is not meant or used by customers outside the company or complex, no fee is assessed. In no event,however, shall the total receipt fee in effect on the day prior to the effective date of the enactment of the ordinance from which this arti- cle derives be increased in amounts greater than the amounts of increase permitted by section 8, chapter 93-180, Laws of Florida. The local business tax receipt on vending and amusement machines shall be based on the high- est number of machines located on the business premises on any single day during the previous licensing year or in the case of new businesses based on an estimate of the current year.Replace- ment of one machine with another machine dur- ing a receipt year does not affect the tax assess- ment for that year unless the replacement machine belongs to receipt classification that requires a higher tax rate. Category Base Fee Amusement,music or entertainment machine, each $12.50 (examples include: video games, bil- liards tables,coin-operated rides and juke boxes) Laundry or clothes drying machine, each 6.25 Merchandise dispensing machine, each 12.50 (examples include: soda machines, water machines, snack machines, candy, gum and gift dispensers) Service dispensing machine, each 12.50 Supp.No. 16 CD70:16 VEHICLES FOR HIRE §80-5 ARTICLE I. IN GENERAL Sec. 80-2. Application to vehicles,operators regulated by federal or state gov- Sec. 80-1. Definitions. ernment. The provisions of this chapter shall not apply to The following words, terms and phrases,when any vehicle or the operator thereof when engaged used in this chapter, shall have the meanings ascribed to them in this section, except where the in operations under and by virtue of any certifi- context clearly indicates a different meaning: tate or permit from the Interstate Commerce Commission of the United States or by virtue of a Certificate means the certificate of public con- certificate of public convenience and necessity venience and necessity granted by the city man- from the public service commission of the state ager to persons in the business of operating public when a permit is required for such operations by vehicles. those regulatory commissions. (Ord. No. 44-93, § 1(683.03), 1-4-94) Driver means any person in charge of or oper- ating any public vehicle. Sec. 80-3. Licenses and fees to be in addi- Owner means any person having control of the tion to other taxes and charges. operation or maintenance of a public vehicle, All licenses and fees provided for and levied in including any person having control of the collec- this chapter are regulatory fees imposed to cover tion of revenue derived from the operation of the cost of regulating the operations of public public vehicles and including the purchaser of any vehicles in the city.All licenses and fees shall be public vehicle under a conditional sales contract additional to the annual local business tax and or other title-reserving agreement. any other taxes and charges levied by and pay- Public vehicle means any motor-driven vehicle able to the city. As required by this chapter, all used for the transportation for hire or reward of licenses shall be issued and fees paid on an passengers upon the streets of the city, operated annual basis. Each renewal fee shall become due continually or occasionally as a taxicab, for-hire one year from the date of initial issuance or most car, or other such vehicle, except buses being recent renewal. operated under franchise and over fixed routes (Ord. No. 44 93, § 1(683.05), 1-4-94; Ord. No. and between fixed termini and ambulances and 12-2004, § 2, 7-6-04; Ord. No. 02-2007, § 7, 2-20- conveyances used in connection with the conduct- 07) ing of funeral services. Sec. 80-4. Compliance. Specified criminal offense means any criminal The operation of public vehicles within the city offense described in F.S. ch. 794, Sexual Battery; shall be subject to the conditions,regulations and F.S. ch. 796, Prostitution; F.S. ch. 800, Lewd, restrictions set forth in this chapter. It shall be Indecent Exposure; F.S. ch. 810, Burglary and unlawful to operate such a vehicle until and Trespass;F.S.ch.812,Theft,Robbery and Related unless the conditions, regulations and restric- Crimes;F.S.ch.817,Fraudulent Practices;and/or tions set forth and prescribed by this chapter F.S. ch. 893, Drug Abuse Prevention and Control. have been complied with by the owner of any Street means any street, alley, avenue, lane, activity regulated under this chapter. public place or highway within the city. (Ord. No. 44-93, § 1(683.07), 1-4-94) Taximeter means a meter instrument or device Sec. 80-5. Insurance. attached to a public vehicle which measures the distance driven and the waiting time upon which (a) Every owner of any public vehicle operat the fare is based. ing in the city shall file with the city clerk and (Ord. No. 44-93, § 1(683.01), 1-4-94) keep in effect at all times a policy or duly certified Cross reference—Definitions and rules of construction copy thereof of casualty insurance with a reputa- generally, § 1-2. ble insurance company duly licensed to do busi- Supp.No. 16 CD80:3 §80-5 CAPE CANAVERAL CODE ness in the state insuring against any liability Such application shall be made by the owner or incurred on account of the death or injury to any proposed owner to the city manager and shall person or damage to property resulting from the furnish the following information: operation of such public vehicle in the following (1) The full name, any aliases, and the home amounts: and businesses address of the applicant. (1) For death or injury to one person in any (2) The trade name under which the appli- one accident, $125,000.00. cant does or proposes to do business. (2) For death or injury to two or more persons (3) Evidence of insurance or insurability suf- in any one accident, $250,000.00. ficient to meet the requirements of section (3) For property damage in any one accident, 80-5. $50,000.00. (4) The number and kind of vehicles,showing seating capacity, design and color scheme (b) If any such policy of insurance is canceled of each and the lettering and marking to as provided in subsection (c) of this section, the be used thereon. owner shall not operate or cause to be operated (5) The character and location of the depots, any vehicle covered by such policy until other like insurance is obtained. terminals and stands to be used. (6) Each conviction or plea of guilty or nolo (c) Each such policy of insurance so filed shall contendere for the violation of any crimi- contain a clause to the effect that the insurance nal law, including traffic infractions of carrier may not cancel the policy until 30 days' any kind, whether such violation is of a written notice has been given to the city clerk, in municipal ordinance, state law or federal addition to such other notice as may be required law, and the date and place of conviction by law to be given prior to the cancellation of such or plea. policy. (Ord. No. 44-93, § 1(683.79), 1-4-94; Ord. No. (7) The specific experience of the applicant in 12-2004, § 2, 7-6-04) the transportation of passengers for hire or related occupations. Secs. 80-6-80-25. Reserved. (8) The schedule of rates and charges which will apply to the persons and their bag- gage, transported by the applicant's pub- ARTICLE II. CERTIFICATE OF PUBLIC lic vehicles. CONVENIENCE AND NECESSITY, (Ord. No. 44-93, § 1(683.11), 1-4-94) LICENSE Sec. 80-28. Approval. Sec. 80-26. Required. (a) The city manager shall have the authority It shall be unlawful to operate, or cause to be to grant a certificate of public convenience and necessity and vehicle permits as applied for, or to operated, within the city any public vehicle until grant a certificate and vehicle permit for a lesser a certificate of public convenience and necessity number of vehicles than that specified in the and a license therefor have been issued to the application, or to deny the application. The city owner thereof. manager shall approve the issuance of a certifi- (Ord. No. 44 93, § 1(683.09), 1-4-94) cate of public convenience and necessity when he finds the following have been met by the appli- Sec. 80-27. Application. cant: An application shall be filed in duplicate for the (1) The applicant has demonstrated an abil- certificates of public convenience and necessity ity to meet the requirements of section and vehicle permits required by this chapter. 80-5. 3 Supp. No. 16 CD80:4 Subpart B LAND DEVELOPMENT CODE Chapter 82 BUILDINGS AND BUILDING REGULATIONS* Article I. General Administrative Sec. 82-1. Proof of competency. Sec. 82-2. Local business tax receipt required for contractors. Sec. 82-3. Building department. Sec. 82-4. Employee qualifications. Sec. 82-5. Restrictions on employees. Sec. 82-6. Records. Sec. 82-7. Liability. Sec. 82-8. General. Sec. 82-9. Right of entry. Sec. 82-10. Stop work orders. Sec. 82-11. Revocation of permits. Sec. 82-12. Unsafe buildings or systems. Sec. 82-13. Permitting and inspection. Sec. 82-14. Permit intent. Sec. 82-15. Schedule of permit fees. Sec. 82-16. Additional data. Sec. 82-17. Hazardous occupancies. �Itrr� Sec. 82-18. Special foundation permit. Sec. 82-19. Public right-of-way. Sec. 82-20. Existing building inspections. Sec. 82-21. Inspection service. Sec. 82-22. Tests. Sec. 82-23. Violations and penalties. Secs. 82-24-82-30. Reserved Article II. Building Code Sec. 82-31. Florida Building Code adopted. *Editor's note-Ord.No.06-2001,§§1,2,amended ch.82,arts.I XIII.These articles also pertained to buildings and building regulations and derived from the following: Code 1981, §§509.13, 547.01,547.03, 611.07, 612.01,612.03, 612.05, 612.07,612.09, 612.11, 612.13, 612.15, 612.17, 612.19, 612.21, 612.23, 612.25, 612.27, 612.29, 613.02-613.04, 614.02, 614.03, 615.01, 615.02, 615.04,617.01, 617.19, 618.01,618.03, 618.04,619.01-619.04, 620.01-620.03,623.01,623.07, 625.01-625.03,627.01-627.03; Ord.No. 10-92,§§1(613.01), 1(613.02),adopted Aug. 18, 1992;Ord.No. 11-92,§1(614.02),adopted June 15, 1993;Ord.No. 12-92, §§ 1(615.01), 1(615.02),adopted Aug. 18, 1992;Ord.No. 13-92,§ 1,adopted Aug. 18, 1992;Ord.No.20-92,§§2,4,adopted Nov.5, 1992;Ord.No.13-93,§§1(613.01),1(613.02),adopted June 15,1993;Ord.No.15-93,§§1(615.01),1(615.02),adopted June 15,1993; Ord.No. 18-93, § 1(627.01),adopted June 15, 1993;Ord.No. 19-19,§ 1,adopted Aug. 15, 1995;Ord.No. 19-95,§ 1,adopted Aug. 15, 1995;Ord.No.20-95 § 1,adopted Aug.8, 1995;Ord.No.21-95, § 1,adopted Aug. 15, 1995;Ord.No.22-95, § 1,adopted Aug. 15, 1995;Ord.No.23-95,§1,adopted Aug. 15, 1995;Ord.No.8-96,§ 1,adopted June 18, 1996;Ord.No.3-98,§ 1,adopted March 3, 1998;Ord.No.4-98, § 1,adopted March 3, 1998;Ord.No. 5-98,§ 1,adopted March 3, 1998;Ord.No.6-98,§ 1,adopted March 3, 1998;Ord.No.7-98, § 1,adopted March 3, 1998;Ord.No.8-98,§ 1,adopted March 3, 1998;Ord.No.9-98,§ 1,adopted March 3, 1998;and Ord. No. 10-98, § 1, adopted March 3, 1998. Cross references-Code enforcement,ch. 2, art.VI; outdoor entertainment, § 10-46 et seq.; alarm systems, §30-26 et seq.; environment, ch. 34; litter, § 34-26 et seq.; noise, § 34-151 et seq.; lighting regulations, § 34-206 et seq.; fire prevention and protection, ch. 38; utilities, ch. 78; sanitary sewer system, § 78-26 et seq.; sanitary sewer system impact fees, § 78-121 et seq.; stormwater management, §90-116 et seq.; off-street parking requirements, § 110-491 et seq. State law reference-Construction standards,F.S.ch. 553. Supp.No. 16 CD82:1 CAPE CANAVERAL CODE Sec. 82-32. Establishment of construction board of adjustment and appeals. Sec. 82-33. Appeals. Sec. 82-34. Procedures of the board. Secs. 82-35-82-55. Reserved. Article III. Unsafe Building Abatement Code Sec. 82-56. Standard Unsafe Building Abatement Code adopted. Secs. 82-57-82-87. Reserved. Article IV. Coastal Construction Code Sec. 82-88. Structural requirements for major structures. Sec. 82-89. Design conditions. Secs. 82-90-82-115. Reserved. Article V. Reserved Secs. 82-116-82-145. Reserved. Article VI. Reserved Secs. 82-146-82-170. Reserved. Article VII. Reserved Secs. 82-171-82-195. Reserved. Article VIII. Reserved Secs. 82-196-82-220. Reserved. Article IX. International Property Maintenance Code Sec. 82-221. International Property Maintenance Code adopted. Secs. 82-222-82-232. Reserved. Article X. Reserved Sec. 82-233. Reserved. Articles XI—XIII. Reserved Secs. 82-234 82-365. Reserved. Article XIV. Numbering of Buildings and Property Sec. 82-366. Purpose. Sec. 82-367. System established;incorporation of map. Sec. 82-368. Administration. Sec. 82-369. Assignment of numbers. Sec. 82-370. Numbering multiple-family structures. Sec. 82-371. Posting and specifications of numbers. Secs. 82-372-82-374. Reserved. Supp.No. 16 CD82:2 BUILDINGS AND BUILDING REGULATIONS §82-9 ARTICLE I. GENERAL ADMINISTRATIVE Sec. 82-6. Records. The building official shall keep, or cause to be Sec. 82-1. Proof of competency. kept, a record of the business of the building department. The records shall be open to public The applicant shall present to the building inspection. official a current certificate issued by the Florida (Ord. No. 06-2001, § 1, 12-4-01) Construction Industry Licensing Board or possess a current Brevard County competency card. Sec. 82-7. Liability. (Ord. No. 06-2001, § 1, 12-4-01) Any officer or employee, or member of the Sec. 82-2. Local business tax receipt required construction board of adjustment and appeals, for contractors. charged with the enforcement of this code, acting for the applicable governing authority in the All contractors covered by this chapter must discharge of his duties,is hereby relieved from all secure a local business tax receipt from the city if personal liability, for any damage as a result of their businesses are located within the city. the discharge of his duties under this code. Any (Ord. No. 06-2001, § 1, 12-4-01; Ord.No. 02-2007, officer, employee or member of the construction § 8, 2-20-07) board of adjustment and appeals shall be indem- nified by the City of Cape Canaveral from any law suit brought by any party against same as a Sec. 82-3. Building department. result of any act taken in the discharge of his duties under the Cape Canaveral Code of Ordi- There is hereby established a department to be nances. called the building department and the person in (Ord. No. 06-2001, § 1, 12-4-01) charge shall be known as the building official. (Ord. No. 06-2001, § 1, 12-4-01) Sec. 82-8. General. Sec. 82-4. Employee qualifications. The building official is hereby authorized and directed to enforce the provisions of this code.The Employees that are responsible for the admin- building official shall have the authority to render istration and enforcement of this chapter shall interpretations of this code, to adopt policies and have the qualifications as defined in F.S. ch. 468, procedures in order to clarify the application of its pt. XII, and ch. 61G19, Florida Administrative provisions.Such interpretations,policies and pro- Code. cedures shall be in compliance with the intent of (Ord. No. 06-2001, § 1, 12-4-01) purpose of this code, and shall not have the effect of waiving requirements specifically provided for in this code. Sec. 82-5. Restrictions on employees. (Ord. No. 06-2001, § 1, 12-4-01) An officer or employee connected with the Sec. 82-9. Right of entry. building department, except one whose only con- nection is as a member of the board established by (a) Whenever necessary to make an inspection this code, shall not be financially interested in the to enforce any of the provisions of this code, or furnishing of labor,material,or appliances for the whenever the building official has reasonable construction,alteration,or maintenance of a build- cause to believe that there exists in any building ing, structure,service, system or in the making of or upon any premises any condition or code viola- plans or of specifications thereof,within the juris- tion which makes such building, structure, pre- diction of the building department. An officer or mises, electrical, gas, mechanical or plumbing employee shall not engage in any other work systems unsafe,dangerous or hazardous,the build- which is inconsistent with his duties or conflict ing official may enter such building, structure or with the interest of the building department. premises at all reasonable times to inspect the Supp.No. 16 CD82:3 §82-9 CAPE CANAVERAL CODE same or to perform any duty imposed upon the statement or misrepresentation as to the building official by this code. If such building or material fact in the application or plans premises are occupied,he shall first present proper on which the permit or approval was credentials and request entry. If such building, based. structure, or premises are unoccupied, he shall (b) Violation of code provisions. The building first make a reasonable effort to locate the owner official may revoke a permit upon deter- or other persons having charge or control of such urination by the building official that the and request entry.If entry is refused,the building construction, erection, alteration, repair, official shall have recourse to every remedy pro- moving, demolition, installation, or re- vided by law to secure entry. placement of the building, structure, elec- (b) When the building official shall have first trical, gas, mechanical or plumbing sys- obtained a proper inspection warrant or other tems for which the permit was issued is in remedy provided by law to secure entry,no owner violation of, or not in conformity with,the or occupant or any other persons having charge, provisions of this code. care or control of any building, structure, or (Ord. No. 06-2001, § 1, 12-4-01) premises shall fail or neglect,after proper request is made as herein provided, to promptly permit Sec. 82-12. Unsafe buildings or systems. entry therein by the building official for the All buildings, structures, electrical, gas, me- purpose of inspection and examination pursuant chanical or plumbing systems which are unsafe, to this code. unsanitary, or do not provide adequate egress, or (Ord. No. 06-2001, § 1, 12-4-01) which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to Sec. 82-10. Stop work orders. existing use, constitute a hazard to safety or Upon notice from the building official,work on health, are considered unsafe buildings or service any building, structure, electrical, gas, mechani systems. All such unsafe buildings, structures or cal or plumbing system that is being done con service systems are hereby declared illegal and trary to the provisions of this code or in a danger- shall be abated by repair and rehabilitation or by ous or unsafe manner, shall immediately cease. demolition in accordance with the provisions of Such notice shall be in writing and shall be given the Standard Unsafe Building Abatement Code or to the owner of the property, or to his agent, or to other provisions of the City of Cape Canaveral the person doing the work, and shall state the Codes. conditions under which work may be resumed. (Ord. No. 06 2001, § 1, 12-4-01) Where an emergency exists, the building official shall not be required to give a written notice prior Sec. 82-13. Permitting and inspection. to stopping the work. The inspection or permitting of any building, (Ord. No. 06-2001, § 1, 12-4-01) system or plan by the jurisdiction under the requirements of this code shall not be construed Sec. 82-11. Revocation of permits. in any court as a warranty of the physical condi- tionThe building official is authorized to suspend of such building, system or plan or their or revoke a permit issued under the provisions of adequacy. Neither the jurisdiction nor any em- this code wherever the permit is issued in error or ployee thereof shall be liable in tort for damages on the basis of incorrect,inaccurate or incomplete for any defect or hazardous or illegal condition or information, or in violation of any ordinance or inadequacy in such building, system or plan, nor for any failure of any component of such, which regulation or any provisions of this code. may occur subsequent to such inspection or per- (a) Misrepresentation of application.The build- mitting, unless the employee of jurisdiction is ing official may revoke a permit or ap- found to have acted in bad faith or with malicious proval,issued under the provisions of this code, in case there has been any false Supp.No. 16 CD82:4 Chapter 86 CONCURRENCY MANAGEMENT SYSTEM* Article I. In General Sec. 86-1. Purpose and intent. Sec. 86-2. Definitions. Sec. 86-3. Appeals. Sec. 86-4. Responsibility for decision making in concurrency evaluation. Sec. 86-5. Application for concurrency evaluation. Sec. 86-6. Criteria for evaluation of levels of service of public facilities. Sec. 86-7. Concurrency evaluation finding of deficiency. Sec. 86-8. Duration concurrency compliance certification after issuance of development permit. Sec. 86-9. Expiration of concurrency compliance certification. Sec. 86-10. Cumulative level-of-service records. Sec. 86-11. Operating systems,procedures and tasks. Sec. 86-12. Conditional approval of development orders or permits. Sec. 86-13. Vested rights. Secs. 86-14-86-20. Reserved. Article II. Transportation Facility Proportionate Fair-Share Mitigation Program Sec. 86-21. Purpose and intent. Sec. 86-22. Applicability. Sec. 86-23. General requirements. Sec. 86-24. Intergovernmental coordination. Sec. 86-25. Application process. Sec. 86-26. Determining proportionate fair-share obligation. Sec. 86-27. Impact fee credit for proportionate fair-share mitigation. Sec. 86-28. Proportionate fair-share agreements. Sec. 86-29. Appropriation of fair-share revenues. Sec. 86-30. Cross jurisdictional impacts. *Cross references—Planning, ch. 58;solid waste,ch. 62;traffic and vehicles,ch. 74;utilities,ch. 78. Supp.No. 16 CD86:1 0 0 0 CONCURRENCY MANAGEMENT SYSTEM §86-2 ARTICLE I. IN GENERAL rency compliance certification does not guarantee approval of a development proposal if other project Sec. 86-1. Purpose and intent. review criteria must also be satisfied. (a) As a key element of the city's land develop- (e) In addition to the concurrency evaluation ment code set out in subpart B to this Code, the process for the six types of critical public facilities, city shall implement a concurrency management each proposed development project shall be sub- system to measure the potential impact of any ject to the concurrency evaluations for impact on proposed development upon the levels of service wetlands required by section 106-26 et seq., per- for the six types of critical public facilities (pota- taining to wetlands protection, prior to the issu- ble water, sanitary sewer, solid waste, recreation, ance of a final development permit. drainage and roadways) by evaluating that im- (Code 1981, § 662.01; Ord. No. 4-92, § 1, 5-5-92) pact in comparison with available capacity and the city's adopted level-of-service standards for Sec. 86-2. Definitions. those facilities.No final development permit shall be approved unless this concurrency evaluation The following words, terms and phrases,when process has determined that adequate public fa- used in this chapter, shall have the meanings cilities will be available at the time of develop ascribed to them in this section, except where the ment impact. context clearly indicates a different meaning: (b) The city also intends that at least annually Accepted engineering principles means engineer- there will be followup monitoring and evaluation ing concepts and practices generally accepted by of its performance with the objective of improving the broad base of professionals in the particular the system and enacting necessary changes in engineering discipline under consideration. this chapter. Area of development influence means the area (c) The city intends that this chapter provide of public facilities impact surrounding project; the basic principles and guidelines for implemen- this area of influence will vary according to the tation of this chapter.However,it is not the intent type and magnitude of the project. of the city that this chapter contain all of the Assured construction means construction im- detailed administrative procedures required for provements scheduled for critical public facilities the day-to-day operation of the program. Instead, in the city's five-year schedule of capital improve the city desires that the city officials responsible ments, provided the schedule is realistic, finan- for this chapter possess a certain degree of flexi- cially feasible,based upon available revenue sources bility and latitude to develop and employ such and contains targeted project completion dates;in additional procedures, forms, etc., as they deem addition,for final development orders or permits, necessary for carrying out an effective and effi construction must be complete and operable for cient concurrency management process. The city the following facilities: wastewater treatment, shall develop and use a concurrency manual or potable water supply, solid waste disposal, trans- guide to assist city officials in the day-to-day portation, parks and recreation and drainage. administration of the program. (d) It is not the intent of the city that the Available means that a public facility or service concurrency management system in any of its will be provided as follows: aspects, including concurrency evaluation and (1) The facility or service is in place to serve the issuance of the concurrency compliance certi- a proposed project at the time the devel- fication, replace any other development review opment order is approved. criteria used by the city, unless those criteria are inconsistent with this chapter. The concurrency (2) The facility or service will be in place at management system is to primarily complement the time of project impact. and not supplant the other review criteria. This (3) The facility is under construction at the also means that the mere issuance of a concur- time a development order is approved. Supp.No. 16 CD86:3 §86-2 CAPE CANAVERAL CODE (4) The facility or service is the subject of a Developer's agreement means an agreement binding executed construction contract at entered into pursuant to F.S. § 163.3220 to which the time the development order is ap- the city is a party and which requires and ensures proved. provision of a public facility or service. (5) The facility or service is guaranteed Development means the same as set forth in through an enforceable development agree- F.S. § 380.04. ment. Development order means any official city di- (6) The facility constitutes assured construc- rective which grants the issuance of a develop- tion. ment permit or amendments thereto. Average daily traffic and existing traffic mean Development permit means any building per- the average of two consecutive 24-hour weekday mit, zoning approval, rezoning, preliminary plat traffic counts taken at one location. approval, final plat approval, site plan approval, conditional use or variance approving the exceed- Building permit means a written authorization ing of maximum lot coverages. This definition issued by the building official which permits the does not include the term "certificate of occupan- construction or alteration of a building. The term cy." building permit" final the same as a development order. Directly accessed means that a project is pro- vided with adjacent ingress or egress from or to a Buildout period means the time interval be- principal roadway. tween the issuance of a development order and project completion. FDOT guidelines means the state department of transportation guideline document entitled"The Captured trips means motor vehicle trips which Florida Highway System Plan—Level of Service pass a project but which are not generated by the Standards and Guidelines Manual," as issued in project. January 1989 and as subsequently amended. Concurrency compliance certification means the Final development order means a building per- official city compliance document which is issued mit. for a proposed project after a favorable concur Insignificant project means a nonmajor project rency evaluation has been completed resulting in for which the project trips within the area of a finding of no concurrency deficiency (nondeficiency) for the project's impact. development influence during the buildout period and at project completion are projected to be Concurrency manager means the city official equal to or less than ten percent above the num- who has been officially designated to be in charge ber assigned to the adopted level-of-service stan- of the concurrency management system. This dard E, as specified in the comprehensive plan. responsibility is assigned to the city manager. ITE means the Institute of Transportation En- Critical public facilities means the six types of gineers. public facilities which are subject to concurrency Land development regulation means any chap- management as follows: ter of this Code regulating any aspect of develop- (1) Roadways; ment, including any zoning, rezoning, subdivi- sion, building construction, site planning, sign (2) Sanitary sewer; regulation, landscaping or other sections control- (3) Solid waste; ling land development. (4) Drainage; Level of service means an indicator of the degree of service provided by a public facility (5) Potable water; and based upon its operational characteristics and (6) Recreation, i.e., open space and parks. expressed as the capacity per unit of demand. Supp.No. 16 CD86:4 CONCURRENCY MANAGEMENT SYSTEM §86-23 or in that of another local government ARTICLE II. TRANSPORTATION responsible for providing the service in FACILITY PROPORTIONATE FAIR-SHARE question. MITIGATION PROGRAM (2) Building permits. Sec. 86-21. Purpose and intent. a. Building permits may be condition- The purpose of this article is to establish a ally approved, if construction of the method whereby the impacts of development on necessary public facility improve- transportation facilities can be mitigated by the ment is either: cooperative efforts of the public and private sec- tors,to be known as "the proportionate fair-share 1. Budgeted in the annual capital program" as required by and in the manner improvements budget; consistent with F.S. § 163.3180(16). 2. Under binding contract for con- (Ord. No. 20-2006, § 2, 12-5-06) struction; Sec. 86-22. Applicability. 3. Already under construction; or The proportionate fair-share program shall ap- 4. Under some other binding fi- ply to all developments in the city that have been nancial commitment. notified of a lack of capacity to satisfy transpor- b. Building permits may be condition- tation concurrency on a transportation facility in ally approved if the developer enters the city's concurrency management system into a legally binding financial corn- ("CMS"),including transportation facilities main- mitment to construct all of the im- tamed by FDOT or another jurisdiction that are provements necessary to concur- relied upon for concurrency determinations, pur- rently accommodate the development suant to the requirements of section 86-23. The impacts. proportionate fair-share program does not apply to developments of regional impact (DRIs) using c. Building permits may be condition- proportionate fair-share under F.S.§ 163.3180(12), ally approved if the applicable im- or to developments that may be exempted from pact fees or fees-in-lieu-of,which re- concurrency as provided in the City Code, com- late to the needed public facility prehensive plan or any other applicable law. improvements scheduled within the (Ord. No. 20-2006, § 2, 12-5-06) capital improvements program, are paid at the time of permit issuance Sec. 86-23. General requirements. to accommodate development im- pacts. (a) An applicant may choose to satisfy the (Code 1981, § 662.05(I)) transportation concurrency requirements of the city by making a proportionate fair-share contri- bution, pursuant to the following requirements: Sec. 86-13. Vested rights. (1) The proposed development is consistent Any development order or permit approved with the comprehensive plan and applica prior to the effective date of the ordinance from ble land development regulations. which this section is derived for a project which (2) The five-year schedule of capital improve- has not undergone any subsequent changes sig- ments in the capital improvement ele- nificantly increasing its impact on critical public ment ("CIE") of the city's comprehensive facilities shall not be subject to this chapter. plan or the long-term schedule of capital (Code 1981, § 662.05(J)) improvements for an adopted long-term CMS includes a transportation improve- ment(s) that, upon completion, will sat- Secs. 86-14-86-20. Reserved. isfy the requirements of the city transpor- Supp. No. 16 CD86:11 §86-23 CAPE CANAVERAL CODE tation CMS. The provisions of subsection of the governmental entity or entities (b) may apply if a project or projects maintaining the transportation facilities, needed to satisfy concurrency are not pres- significantly benefit the impacted trans- ently contained within the local govern- portation system. ment CIE or an adopted long-term sched- The improvement or improvements funded ule of capital improvements. by the proportionate fair-share compo- (b) The city may choose to allow an applicant nent must be adopted into the five-year to satisfy transportation concurrency through the capital improvements schedule of the corn- proportionate fair-share program by contributing prehensive plan or the long-term schedule to an improvement that, upon completion, will of capital improvements for an adopted satisfy the requirements of the city transporta- long-term concurrency management sys- tion CMS, but is not contained in the five-year tern at the next annual capital improve- schedule of capital improvements in the CIE or a ments element update. long-term schedule of capital improvements for (3) Any improvement project proposed to meet an adopted long-term CMS, where the following the developer's fair share obligation must apply: meet design standards of the city for lo- (1) The city adopts, by resolution or ordi- cally maintained roadways and those of nance, a commitment to add the improve- the FDOT for the state highway system. ment to the five-year schedule of capital (Ord. No. 20-2006, § 2, 12-5-06) improvements in the CIE or long-term schedule of capital improvements for an Sec. 86-24. Intergovernmental coordination. adopted long-term CMS no later than the next regularly scheduled update. To qual- Pursuant to policies in the intergovernmental ify for consideration under this section, coordination element of the city's comprehensive the proposed improvement must be re- plan,the city shall coordinate with affected juris- viewed by the city council and determined dictions,including FDOT,regarding mitigation to to be financially feasible pursuant to F.S. impacted facilities not under the jurisdiction of § 163.3180(16)(b)1, consistent with the the local government receiving the application for comprehensive plan, and in compliance proportionate fair-share mitigation.An interlocal with the provisions of this article. Finan- agreement may be established with other affected cial feasibility for this section means that jurisdictions for this purpose. additional contributions,payments or fund- (Ord. No. 20-2006, § 2, 12-5-06) ing sources are reasonably anticipated during a period not to exceed ten years to Sec. 86-25. Application process. fully mitigate impacts on the transporta- tion facilities. (a) Upon notification of a lack of capacity to satisfy transportation concurrency, the applicant (2) If the funds allocated for the five-year shall also be notified in writing of the opportunity schedule of capital improvements in the to satisfy transportation concurrency through the city CIE are insufficient to fully fund proportionate fair-share program pursuant to the construction of a transportation improve- requirements of section 86-23. ment required by the CMS, the city may still enter into a binding proportionate (b) Prior to submitting an application for a fair-share agreement with the applicant proportionate fair-share agreement, a preapplica- authorizing construction of that amount tion meeting shall be held to discuss eligibility, of development on which the proportion- application submittal requirements,potential mit- ate fair-share is calculated if the propor- igation options, and related issues. If the im- tionate fair-share amount in such agree- pacted facility is on the strategic intermodal sys- ment is sufficient to pay for one or more tem,then the FDOT will be notified and invited to improvements which will, in the opinion participate in the preapplication meeting. Supp.No. 16 CD86:12 CONCURRENCY MANAGEMENT SYSTEM §86-26 *11104' (c) Eligible applicants shall submit an applica- (0 When an application is deemed sufficient, tion to the city that includes an application fee as complete, and eligible, the applicant shall be established by resolution of the city council and advised in writing and a proposed proportionate which includes the following: fair-share obligation and binding agreement will be prepared by the city or the applicant with (1) Name,address and phone number of prop- direction from the city and delivered to the appro- priate erty owner(s), developer and/or agent; priate parties for review, including a copy to the (2) Property location,including parcel identi- FDOT for any proposed proportionate fair-share fication number(s); mitigation on a strategic intermodal system facil- ity, no later than 60 days from the date at which (3) Legal description and survey of property; the applicant received the notification of a suffi- (4) Project description, including type, inten- cient application and no fewer than 14 days prior sity and amount of development; to the city council meeting when the agreement will be considered. (5) Phasing schedule, if applicable; (g) The city shall notify the applicant regard- (6) Description of requested proportionate fair- ing the date of the council meeting when the share mitigation method(s); and agreement will be considered for final approval. No proportionate fair-share agreement will be (7) Copy of concurrency application. effective until approved by the city council. (d) The concurrency manager shall review the (Ord. No. 20-2006, § 2, 12-5-06) application and certify that the application is sufficient and complete within ten business days. Sec. 86-26. Determining proportionate fair- If an application is determined to be insufficient, share obligation. incomplete or inconsistent with the general re- (a) Proportionate fair-share mitigation for quirements of the proportionate fair-share pro- concurrency impacts may include,without limita- 4 "` gram as set forth in section 86-23, then the tion, private funds, contributions of land and/or applicant will be notified in writing of the reasons construction and contribution of facilities. for such deficiencies within ten business days of (b) A development shall not be required to pay submittal of the application. If such deficiencies more than its proportionate fair-share. The fair are not remedied by the applicant within 30 days market value of the proportionate fair-share mit- of receipt of the written notification, then the igation for the impacted facilities shall not differ application will be deemed abandoned. The city regardless of the method of mitigation. council may, in its discretion, grant an extension of time not to exceed 60 days to cure such defi- (c) The methodology used to calculate an ciencies, provided that the applicant has shown applicant's proportionate fair-share obligation shall good cause for the extension and has taken rea- be, as provided for in F.S. § 163.3180(12) as sonable steps to effect a cure. follows: The cumulative number of trips from the proposed development expected to reach road- (e) Pursuant to F.S. § 163.3180(16)(e), pro- ways during peak hours from the complete buildout posed proportionate fair-share mitigation for de- of a stage or phase being approved,divided by the velopment impacts to facilities on the strategic change in the peak hour maximum service vol- intermodal system requires the concurrency of ume (MSV) of roadways resulting from construc- the FDOT.The applicant shall submit evidence of tion of an improvement necessary to maintain the an agreement between the applicant and the adopted LOS,multiplied by the construction cost, FDOT for inclusion in the proportionate fair- at the time of developer payment, of the improve- share agreement. ment necessary to maintain the adopted LOS, or Supp.No. 16 CD86:13 §86-26 CAPE CANAVERAL CODE Proportionate Fair-Share LRDevelopment Trips,)/(SV Increase,)] x Cost; Where: Development Trips, = Those trips from the stage or phase of development under review that are assigned to roadway segment"i" and have triggered a deficiency per the CMS; SV Increase, = Service volume increase provided by the eligible im- provement to roadway segment 'i"per section E; Cost, = Adjusted cost of the improvement to segment"i". Cost shall include all improvements and associated costs, such as design, right-of-way acquisition, planning, en- gineering, inspection, and physical development costs directly associated with construction at the anticipated cost in the year it will be incurred. (d) For the purposes of determining proportion- recent projects and is updated annually ate fair-share obligations,the city shall determine and approved by the city council. In order improvement costs based upon the actual cost of to accommodate increases in construction the improvement as obtained from the CIE, the material costs, project costs shall be ad- MPO/TIP or the FDOT work program. Where justed to address inflation: such information is not available, improvement cost shall be determined using one of the follow- A sample method for determining an fin- ing methods: flation factor is as follows: (1) An analysis by the city of costs by cross section type that incorporates data from Cost„ = Cost"x (1+Cost growth3y,,.)a Where: Costa = The cost of the improvement in year n; Cost" = The cost of the improvement in the current year; Cost = The growth rate of the costs over the last three years; growth3yr n = The number of years until the improvement is constructed. The three-year growth rate is determined by the following formula: Cost = [Cost growth,+Cost growth2+Cost growth3]/3 growth3yr or (e) If the city has accepted an improvement (2) The most recent issue of FDOT Transpor- project proposed by the applicant, then the value tation Costs, as adjusted based upon the of the improvement shall be determined using one type of cross-section (urban or rural); lo- of the methods provided in this section. cally available data from recent projects on acquisition, drainage and utility costs: (f) If the city has accepted right-of-way dedica and significant changes in the cost of tion for the proportionate fair-share payment, materials due to unforeseeable events. credit for the dedication of the nonsite-related Cost estimates for state road improve- right-of-way shall be valued on the date of the ments not included in the adopted FDOT dedication by fair market value established by an work program shall be determined using independent appraisal approved by the city and this method in coordination with the FDOT at no expense to the city. The applicant shall district. supply a drawing and legal description of the land Supp.No. 16 CD86:14 CONCURRENCY MANAGEMENT SYSTEM §86-28 and a certificate of title or title search of the land As a result,any road impact fee credit based upon to the city at no expense to the city. If the proportionate fair-share contributions for a pro- estimated value of the right-of-way dedication posed development cannot be transferred to any proposed by the applicant is less than the city other location unless provided for within the estimated total proportionate fair-share obliga- impact fee provisions as set forth in the city's tion for that development, then the applicant impact fee regulations. must also pay the difference. Prior to purchase or (Ord. No. 20-2006, § 2, 12-5-06) acquisition of any real estate or acceptance of donations of real estate intended to be used for Sec. 86-28. Proportionate fair-share agree- the proportionate fair-share, public or private ments. partners should contact the FDOT for essential information about compliance with federal law (a) Upon execution of a proportionate fair- and regulations. share agreement (agreement)the applicant shall (Ord. No. 20-2006, § 2, 12-5-06) receive a city certificate of concurrency approval. Should the applicant fail to apply for a develop- Sec. 86-27. Impact fee credit for proportion- ment permit within 12 months then the agree- ate fair-share mitigation. ment shall be considered null and void, and the (a) Proportionate fair-share contributions shall applicant shall be required to reapply. be applied as a credit against impact fees to the (b) Payment of the proportionate fair-share extent that all or a portion of the proportionate contribution is due in full prior to issuance of the fair-share mitigation is used to address the same final development order or recording of the final capital infrastructure improvements contem- plat and shall be nonrefundable.If the payment is plated by the city's impact fee regulations as set submitted more than 12 months from the date of forth in article V, division 3 of chapter 2 of the execution of the agreement, then the proportion- City Code ("Impact Fee Regulations"). ate fair-share cost shall be recalculated at the (b) Impact fee credits for the proportionate time of payment based on the best estimate of the fair-share contribution will be determined when construction cost of the required improvement at the transportation impact fee obligation is calcu the time of payment, pursuant to section 86-26 lated for the proposed development. Impact fees and adjusted accordingly. owed by the applicant will be reduced per the (c) All developer improvements authorized un- proportionate fair share agreement as they be der this article must be completed prior to issu- come due per the city's impact fee regulations. If ance of a development permit, or as otherwise the applicant's proportionate fair-share obliga established in a binding agreement that is accom- tion is less than the development's anticipated panied by a security instrument that is sufficient road impact fee for the specific stage or phase of to ensure the completion of all required improve- development under review, then the applicant or ments. It is the intent of this section that any its successor must pay the remaining impact fee required improvements be completed before issu- amount to the city pursuant to the requirements ante of building permits or certificates of occu- of the impact fee regulations. pancy. (c) Major projects not included within the im- pact fee regulations or created under subsection (d) Dedication of necessary right-of-way for 86-23(b)(1) and (2) which can demonstrate a sig- facility improvements pursuant to a proportion- nificant benefit to the impacted transportation ate fair-share agreement must be completed prior system may be eligible at the city's discretion for to issuance of the final development order or impact fee credits. recording of the final plat. (d) The proportionate fair-share obligation is (e) Any requested change to a development intended to mitigate the transportation impacts project subsequent to a development order may be of a proposed development at a specific location. subject to additional proportionate fair-share con- Supp.No. 16 CD86:15 §86-28 CAPE CANAVERAL CODE tributions to the extent the change would gener- interlocal agreement that establishes a procedure ate additional traffic that would require mitiga- for earmarking of the developer contributions for tion. this purpose. (f) Applicants may submit a letter to withdraw (c) Where an applicant constructs a transpor- from the proportionate fair-share agreement at tation facility that exceeds the applicant's propor- any time prior to the execution of the agreement. tionate fair-share obligation calculated under sec- The application fee and any associated advertis- tion 86-26, the city shall reimburse the applicant ing costs to the city will be nonrefundable. for the excess contribution using one or more of the following methods: (g) The city may enter into proportionate fair- share agreements for selected corridor improve (1) An impact fee credit account may be es ments to facilitate collaboration among multiple tablished for the applicant in the amount applicants on improvements to a shared transpor of the excess contribution, a portion or all tation facility. of which may be assigned and reassigned (Ord. No. 20-2006, § 2, 12-5-06) under the terms and conditions accept- able to the city. Sec. 86-29. Appropriation of fair-share rev- (2) An account may be established for the enues. applicant for the purpose of reimbursing the applicant for the excess contribution (a) Proportionate fair-share revenues shall be with proportionate fair-share payments placed in the appropriate project account for fund- from future applicants on the facility. ing of scheduled improvements in the city's CIE, or as otherwise established in the terms of the (3) The city may compensate the applicant proportionate fair-share agreement.At the discre for the excess contribution through pay tion of the city council, proportionate fair-share ment or some combination of means ac revenues may be used for operational improve- ceptable to the city and the applicant. ments prior to construction of the capacity project (Ord. No. 20-2006, § 2, 12-5-06) from which the proportionate fair-share revenues were derived. Proportionate fair-share revenues Sec. 86-30. Cross jurisdictional impacts. may also be used as the 50 percent local match for funding under the FDOT TRIP. (a) In the interest of intergovernmental coor- dination and to reflect the shared responsibilities (b) In the event a scheduled facility improve- for managing development and concurrency, the ment is removed from the CIE,then the revenues city may enter an agreement with one or more collected for its construction may be applied to- adjacent local governments to address cross juris- ward the construction of another improvement dictional impacts of development on regional trans- within that same corridor or sector that would portation facilities. The agreement shall provide mitigate the impacts of development pursuant to for application of the methodology in this section the requirements of section 86-23(b)(2). to address the cross jurisdictional transportation impacts of development. Where an impacted regional facility has been (b) A development application submitted to designated as a regionally significant transporta the city subject to a transportation concurrency tion facility in an adopted regional transportation determination meeting all of the following criteria plan as provided in F.S. § 339.155, then the city shall be subject to this section: may coordinate with other impacted jurisdictions and agencies to apply proportionate fair-share (1) All or part of the proposed development is contributions and public contributions to seek located within three miles of the area funding for improving the impacted regional fa- which is under the jurisdiction, for trans- cility under the FDOT TRIP. Such coordination portation concurrency,of an adjacent local shall be ratified by the city council through an government; and Supp.No. 16 CD86:16 CONCURRENCY MANAGEMENT SYSTEM §86-30 401.1116., (2) Using its own concurrency analysis proce- alent document, its intent for the use of dures, the city concludes that the addi- tional traffic from the proposed develop- applicant. ment would use five percent or more of (Ord. No. 20-2006, § 2, 12-5-06) the adopted peak hour LOS maximum service volume of a regional transporta- tion facility within the concurrency juris- diction of the adjacent local government ("impacted regional facility"); and (3) The impacted regional facility is projected to be operating below the level of service standard, adopted by the adjacent local government, when the traffic from the proposed development is included. (c) Upon identification of an impacted regional facility pursuant to subsections(b)(1)through(3), the city shall notify the applicant and the affected adjacent local government in writing of the oppor- tunity to derive an additional proportionate fair- share contribution, based on the projected im- pacts of the proposed development on the impacted adjacent facility. (1) The adjacent local government shall have up to 90 days in which to notify the city of a proposed specific proportionate fair- share obligation, and the intended use of the funds when received. The adjacent local government must provide reason- able justification that both the amount of the payment and its intended use comply with the requirements of F.S. § 163.3180(16). Should the adjacent local government decline proportionate fair- share mitigation under this section, then the provisions of this section would not apply and the applicant would be subject only to the proportionate fair share re- quirements of the city. (2) If the subject application is subsequently approved by the city, the approval shall include a condition that the applicant provides, prior to the issuance of any building permit covered by that applica- tion, evidence that the proportionate fair- share obligation to the adjacent local gov- ernment has been satisfied. The city may require the adjacent local government to declare,in a resolution,ordinance,or equiv- Supp.No. 16 CD86:17 0 0 0 VEGETATION § 102-36 ARTICLE I. IN GENERAL tree in that it is unlikely the tree will remain living and viable for a period of more than three Secs. 102-1-102-25. Reserved. years or the tree causes other imminent peril to viable trees, existing structures or persons in the vicinity of the diseased tree.Any claim that a tree ARTICLE II. TREE PROTECTION is diseased for purposes of obtaining a land- clearing permit pursuant to the requirements of DIVISION 1. GENERALLY this division shall be certified in writing by a licensed arborist or other qualified tree expert Secs. 102-26-102-35. Reserved. deemed acceptable by the city, and shall be con- sidered by the city in issuing any such permit. DIVISION 2. LAND CLEARING* Dripline means an imaginary vertical line run- ning through the outermost portion of the tree Sec. 102-36. Definitions. crown extending to the ground. Land clearing means the disturbance or re- The following words, terms and phrases, when moval of vegetation from any site, parcel or lot used in this division, shall have the meanings using backhoes, bulldozers, root rakes, or similar ascribed to them in this section, except where the mechanical means which may kill or damage context clearly indicates a different meaning: roots, branches, or trunks; provided, however, it Building official. The building official of the does not include routine mowing, sod replace- city and his or her designee. ment,planting of landscape material,shrub prun- ing, and shrub removal, and tree trimming or Caliper. Measurement of a tree 12 inches from pruning, which does not result in grade changes. soil level. Land clearing permit shall mean a permit Crown. The mass of branches,twigs and leaves issued by the building official under this division at the top of a tree,with particular reference to its which authorizes land clearing and/or tree re- shape. moval activities. Desirable species(trees/plants).Trees and plants Mangrove means any specimen of the species adaptive to the climate and soil of the city and avicennia germinans (black mangrove), identified in section 102-52 of this division, as laguncularia racemosa (white mangrove) or may be amended by the city council by ordinance rhizophora mangle (red mangrove). or rule promulgated pursuant to section 102-51 of this division. Native vegetation means plant material indig- enous to the city,including all those species listed Diameter at breast height (dbh) means the in but not limited to those in section 102-52. diameter of a trunk of a tree or the sum of the stems of a multistemmed tree,measured four and Person includes any individual, firm, corpora- one-half feet above natural or finish grade. tion, partnership,joint venture association, prin- cipal,trustee, government, or any agent or repre- Diseased tree means a tree with a sustained or sentative thereof. progressive impairment caused by tree disease which seriously compromises the viability of the Protected barrier.A polygon of two inches x four inches wide stakes spaced a maximum of eight *Editor's note—Ordinance No. 05-2005, § 2, adopted feet from each other at the perimeter of the tree April 19, 2005, amended div. 2 in its entirety and enacted protection zone and which extend out of the similar provisions as set out herein.The former div.2 derived from Code 1981, §§ 657.01, 657.03, 657.05, 657.07, 657.09, ground at least 36 inches,with the top four inches 657.11, 657.13, 657.15, ch. 657, app. A; Ord., No. 28-94, marked by fluorescent orange paint or tape. §§ 3-5, adopted July 19, 1994; and Ord. No. 13-98, § 1, adopted March 17, 1998. Recognized knowledgeable person means a per- Cross reference—Solid waste,ch.62. son recognized by the city as being knowledgeable Supp.No. 16 CD102:3 § 102-36 CAPE CANAVERAL CODE in the identification and evaluation of vegetative Understory means an underlying layer of low resources, such as a forester, biologist, ecologist, native vegetation usually associated with trees. horticulturalist,landscape architect,licensed land- scape contractor, certified nurseryman or person Vegetation means any plant material,including having similar recognizable skills and experience. but not limited to trees, shrubs, vines, herbs and Silviculture means a process, following accept- grasses. able forest-management principles, whereby the Viable means having the capacity to live and crops constituting forests are tended, harvested develop. and reproduced. (Ord. No. 05-2005, § 2, 4-19-05; Ord. No. 03-2007, Specimen tree means a tree having a caliper of § 2, 3-6-07) 24 inches or more in diameter. Specimen trees shall not include undesirable, dead, or diseased Sec. 102-37. Title; applicability; intent and trees, or trees that are structurally unsound and purpose; small-scale residen- cannot recover from pruning. tial dwelling exemption. Transplant means the act of relocating an existing tree upon the same lot. (a) Title. This division may be cited and re- ferred to as the "City of Cape Canaveral Tree Tree means a woody or fibrous perennial plant Preservation and Landscaping Code." with one or more upright limbs with a minimum dbh of four inches, or a sum of dbh of four inches (b) Applicability. This division shall be appli- for multistemmed trees and an average mature cable to all land lying in the incorporated area of height of at least ten feet. the city, except for residential dwelling units as Tree removal includes any act which physically specifically set forth in subsection (e) below. removes the tree or its root system from the earth or causes a tree to die within a period of two years (c) Intent. The intent of this division is to from the time of the act including,but not limited encourage the protection of the maximum num to, by cutting, girdling, relocating, interfering ber of viable trees listed in the desirable species with the water supply,applying chemicals,regrad- ing around the base of the tree trunk. encourage the protection of trees native to central Florida and to encourage proper removal of ex- Tree protection zone means the area located otic,pest trees. To this end,it shall be unlawful to around the perimeter of the dripline of a tree in cut down,damage,poison,or in any other manner which no activity such as clearing, filling, exca- destroy or cause to be destroyed any tree or other vating, storage of materials, parking of vehicles, vegetation as covered by the provisions of this or any other activity that in the opinion of the division except in accordance with the provisions building official may damage the tree. At the set forth herein. Notwithstanding, in the case of discretion of the building official, the tree protec- emergencies involving natural disaster such as, tion zone may be reduced for trees located on but not limited to, flood, freeze or other natural small lots in order to reasonably protect the tree disasters, the requirements of this division may and facilitate construction on said lot. be temporarily waived by the city council by Tree replacement credit means the tree replace resolution. ment credit offered to a person for replacing trees removed or destroyed in accordance with this (d) Purpose. The purpose of this division is to division with preferred plant material. The tree establish regulations for trees within the city in replacement credit shall be established by the city order to maintain and protect the city forest, to council and set forth in section 102-54. better control problems of flooding, soil conserva- tion, air pollution and noise, and to make the city Undesirable species means any of the species a healthier, more attractive and safer place in identified in section 102-53. which to live. Supp.No. 16 CD102:4 VEGETATION § 102-38 (e) Small scale residential dwelling exemption. All land that contains an existing residential single-family dwelling unit or duplex or triplex,or which is subject to a city development order authorizing the construction of a new residential single-family dwelling unit,duplex or triplex,or a subdivision with three or less single-family dwell- ing units shall be subject to the provisions set forth in section 102-40.5 of this Code. (Ord. No. 05-2005, § 2,4-19-05; Ord.No. 21-2005, § 2, 1-3-06) Sec. 102-38. Enforcement and penalties. (a) Enforcement. The city may enforce the pro- visions of this division by any lawful means including, but not limited to, issuing a civil cita- tion, bringing charges before the city's code en- forcement board or special master, and seeking injunctive and equitable relief. For purposes of determining the penalties provided under this 4 4 Supp. No. 16 CD102:4.1 LTJ ZONING § 110-171 f IPA Sec. 110-122. Hotels and motels. the state Department of Business and Profes- A certificate of occupancy for hotels and motels sional Regulation,Division of Alcoholic Beverages shall only be issued initially for a minimum of 150 and Tobacco, which dispense, sell, serve, store or units. After a hotel or motel project has received permit consumption on the premises of alcoholic its initial certificate of occupancy for its first 150 beverages. In consideration of a special exception units, subsequent certificates of occupancy may application, the board of adjustment shall not be issued for each building constructed thereafter. approve the application unless it is totally consis- All units within any one building of a hotel or tent with all the conditions as set forth in this motel shall be completed before a certificate of section and also the following: occupancy is issued. (1) The establishment shall not be permitted (Code 1981, § 645.08; Ord. No. 30-98, § 2, 10-20- to locate: 98) Secs. 110-123-110-135. Reserved. (A) Within 300 feet of any existing church, school grounds or playgrounds nor shall a church, school or playground DIVISION 4. RESERVED* be permitted to locate within 300 Secs. 110-136-110-160. Reserved. feet of any existing establishment which dispenses, sells, serves,stores or permits the on-premises consump- ARTICLE IV. SPECIAL EXCEPTIONS tion of alcoholic beverages. The dis- tance shall be measured as the short- est linear distance between the DIVISION 1. GENERALLY property line of the establishment Sec. 110-161. Structures and uses approved which provides or proposes to pro- by special exception. vide for the sale and consumption of A special exception is not deemed nonconform- alcoholic beverages and the property ing. Any structure or use for which a special line of the church, school grounds or exception is granted as provided in this chapter playground. shall be deemed, as to that particular special (B) Within 300 feet inland of the mean exception, to have all the rights and privileges of high-water line of the Atlantic Ocean a conforming use, restricted, however, by the or of the Banana River.The distance terms of that specific special exception as granted. shall be measured as the shortest (Code 1981, § 643.11) linear distance between the property Secs. 110-162-110-170. Reserved. line of the establishment which pro- vides or proposes to provide for the DIVISIONsale and consumption of alcoholic 2. ALCOHOLIC BEVERAGES beverages and the mean high-water Sec. 110-171. Establishments serving alco- line of the Atlantic Ocean or of the holic beverages. Banana River. (a) Establishments which shall require a spe (2) The establishment,if licensed by the state cial exception under this chapter by the board of division of alcoholic beverages and to- adjustment are those, whether or not licensed by bacco to permit on-premises consumption *Editor's note—Ord. No. 11-2005, §2, adopted June 21, of beverages, shall not be located within 2005, deleted div. 4, which pertained to amendments and 2,000 feet of another licensed establish- rezonings and derived from Code 1981, ch. 647; §§ 647.03, ment. The distance shall be measured as 647.05, 643.11, 647.01, and 647.05; Ord. No. 14-97, § 1, the shortest linear distance between the adopted Nov. 18, 1997; Ord. No. 6-99, § 1, adopted June 15, property line of the establishment which 1999;Ord.No.09-2002, § 1,adopted May 21,2002;and Ord. No. 18-2002,§2C,adopted Dec. 17,2002. proposes to provide for the sale and con- tCross reference—Alcoholic beverages,ch.6. sumption of alcoholic beverages and the Supp.No. 16 CD110:25 § 110-171 CAPE CANAVERAL CODE property line of any establishment which meal shall be provided by the currently provides for the sale and con- licensee and attached to the sumption of alcoholic beverages. Further, container. If transported in a the establishment shall be in compliance motor vehicle,the container with with the Florida beverage laws (F.S. chs. the resealed bottle of wine must 561 through 568). Provided, however, ex- be placed in a locked glove con- ceptions to this subsection are: partment, a locked trunk, or a. Restaurants seating 200 or more per- the area behind the last up- right seat of a motor vehicle sons. that is not equipped with a b. Hotels and motels which are ap- trunk. proved in accordance with City Code. 3. A restaurant licensed under this c. Restaurants licensed by the state exception shall not derive less division of alcoholic beverages and than 51 percent of its gross tobacco for malt beverages only or income from the sale of nonal- malt beverages and wine only, pro- coholic beverages and food pre- vided the following are complied with: pared, sold and consumed on the premises. The obligation to 1. The establishment shall have sell 51 percent food and nonal- the capacity for and have in coholic beverages is a continu- existence at least 25 seats for ing obligation. It is a violation the serving of meals. No area of this zoning code to sell wine within the establishment may and malt beverages granted un- be specifically designed for a der this exception unless the bar or lounge operation. restaurant has derived at least 2. Consumption of food and malt 51 percent of its gross income beverages shall be on premises from the sale of food and non- only; however, food carryout alcoholic beverages. Such per- without the malt beverages may centage shall be determined by be permitted.Further,in accor- calculating the average monthly dance with Florida law,one un- gross revenue from the sale of sealed bottle of wine may be food and nonalcoholic bever- removed for consumption off pre- ages for the immediately previ- mises if purchased and par- ous 12-month period. In ac- tially consumed with a full knowledgment of this continuing course meal consisting of a salad obligation and as a condition or vegetable, entree, a bever- precedent to the issuance of a age, and bread.A partially con- special exception, the owner of sumed bottle of wine to be re- the restaurant shall execute and moved from the premises must deliver to the city an affidavit be securely resealed by the lic- and agreement, upon forms ap- ensee or its employees before proved and provided by the city, removal from the premises and which will attest and covenant shall be placed in a bag or other to the owner's compliance with container that is secured in such the provisions of this subsec- a manner that it is visibly ap- tion. The owner shall also re- parent if the container has been tain cash register receipts,guest subsequently opened or tam- checks and ledgers which may pered with. A dated receipt for be reviewed at the request of the bottle of wine and full course the city to determine compli- Supp.No. 16 CD110:26 Chapter 110 ZONING* Article I. In General Sec. 110-1. Definitions. Sec. 110-2. Board of adjustment. Sec. 110-3. Planning and zoning board. Secs. 110-4-110-25. Reserved. Article II. Procedure;Land Use Decisions Division 1. Generally Sec. 110-26. Intent and purpose. Sec. 110-27. Authority. Sec. 110-28. Due process; special notice requirements. Sec. 110-29. Applications. Sec. 110-30. Staff review. Sec. 110-31. Reconsideration of rezonings, variances, special exceptions or administrative appeals. Sec. 110-32. Expiration of variance or special exception; abandonment. Sec. 110-33. Appellate review. Division 2. Rezonings Sec. 110-34. Rezoning applicant obligations. Sec. 110-35. Procedure. Division 3. Variances Sec. 110-36. Variance applicant obligations. Sec. 110-37. Procedure. Division 4. Special Exceptions Sec. 110-38. Special exception applicant obligations. Sec. 110-39. Procedure. Division 5. Administrative Appeals Sec. 110-40. Administrative appeals. Secs. 110-41-110-85. Reserved. Article III. Administration and Enforcement Division 1. Generally Sec. 110-86. Conflicts with other ordinances. Sec. 110-87. Enforcement of chapter. Sec. 110-88. Duties of building official. Sec. 110-89. Penalties for violation. Sec. 110-90. Complaints of violations. *Cross references-Possession of alcoholic beverages on streets, alleys, sidewalks and parking areas restricted, § 6-51; outdoor entertainment, § 10-46 et seq.;adult entertainment, § 10-86 et seq.;businesses,ch. 16; community development,ch.22; environment,ch. 34;noise, §34-151 et seq.;planning,ch.58;coastal construction code, §82-81 et seq.;floods,ch.90. Supp.No. 16 CD110:1 CAPE CANAVERAL CODE Sec. 110-91. Conformity to plans, specifications, intended uses and applica- tions. Sec. 110-92. Schedule of fees,charges and expenses. Secs. 110-93-110-105. Reserved. Division 2. Permits Sec. 110-106. Required. Sec. 110-107. Application. Sec. 110-108. Expiration. Secs. 110-109-110-120. Reserved. Division 3. Certificate of Occupancy Sec. 110-121. Required. Sec. 110-122. Hotels and motels. Secs. 110-123-110-135. Reserved. Division 4. Reserved Secs. 110-136-110-160. Reserved. Article IV. Special Exceptions Division 1. Generally Sec. 110-161. Structures and uses approved by special exception. Secs. 110-162-110-170. Reserved. Division 2. Alcoholic Beverages Sec. 110-171. Establishments serving alcoholic beverages. Sec. 110-172. Temporary alcoholic beverage permits. Secs. 110-173-110-190. Reserved. Article V. Nonconformities Sec. 110-191. Intent; rules of interpretation; building and fire codes; defini- tions. Sec. 110-192. Mobile home parks and single-family mobile home districts. Sec. 110-193. Continuance of nonconforming structures. Sec. 110-194. Continuance of nonconforming uses of land. Sec. 110-195. Nonconforming uses of structures or of structures and premises in combination; change of use. Sec. 110-196. Nonconforming lots of record. Sec. 110-197. Abandonment. Sec. 110-198. Repairs and maintenance. Sec. 110-199. Temporary uses. Sec. 110-200. Special permit. Secs. 110-201-110-220. Reserved. Article VI. Site Plans Sec. 110-221. Submittal and review required. Sec. 110-222. Criteria required. Sec. 110-223. Review procedures. Sec. 110-223.5. Reserved. Sec. 110-224. Expiration. Secs. 110-225-110-245. Reserved. Supp. No. 16 CD110:2 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. Supp.No. 16 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. Enclosure. Sec. 110-583. Accessories. Sec. 110-584. Minimum setbacks. Supp.No. 16 CD110:6 ZONING § 110-1 Easement means a right-of-way granted for Garage, storage means a building or portion of limited use of private property for a public or a building thereof designed or used exclusively for quasipublic purpose. the storage or parking of automobiles. Service other than storage at such storage garage shall be Existing grade shall mean the ground surface limited to lubrication, washing, waxing and pol- elevation prior to grading, or the addition of fill ishing. When used for such a purpose, such prop- material. erty may not be used in combination with any other use, with the exception of mini-storage. Fair market value means the valuation of a structure by the county tax assessor in his assess- Guesthouse means living quarters within a ment for the levying of ad valorem taxes for the detached accessory building located on the same tax year. lot with the main building for use by temporary guests of the occupants of the premises, such Family means a person or a group of persons quarters having no kitchen facilities or separate related to each other by blood or marriage or a utility meters and not rented or otherwise used as group of not more than four adults who are not a separate dwelling. necessarily so related, living together under one roof as a single household unit. Hedge means a row of bushes or small trees planted close together in such a manner as to Fence means a structure forming a physical form a boundary or barrier. barrier,which is constructed of wood or a similar Height of building means the vertical distance lightweight building material. from 12 inches above the crown of the fronting Finish grade shall mean the final grade of the road or finish grade at the building line, which- site, which conforms to the approved plan. ever is highest,to(i)the highest point of flat roof; (ii) the deck line of a mansard roof; (iii) the Fireworks means any combustible or explosive average height between the eaves and ridge for composition or substance or combinations of sub- gable, hip and gambrel roofs. Measurement must stances or any article prepared for the purpose of be in compliance with the 100-year flood level, as producing a visible or audible effect by combus- determined by the Federal Emergency Manage- tion, explosion, deflagration or detonation, as ment Agency. defined by F.S.§791.01(4)(a),as may be amended. Home occupation means any occupation con- "Fireworks"does not mean sparklers or novelties, ducted entirely within a dwelling unit and carried trick noisemakers, toy pistols or other devices in on by an occupant thereof, which occupation is which paper caps containing twenty-five hun- clearly incidental and secondary to the use of the dredths grains or less of explosive compound or dwelling for dwelling purposes and does not change mixture are used,as defined by F.S.§§791.01(4)(b) the residential character thereof. and (c). Hospital means a building or group of build- Fireworks sales facilities means any place or ings, having room facilities for one or more over- premises used for the sale or other distribution, night patients, used for providing services for the whether permanent or seasonal,of fireworks.The inpatient medical or surgical care of sick or in- sale of fireworks shall only be permitted within jured humans, and which may include related the light industrial (M-1) zoning district. facilities, such as laboratories, outpatient depart- ments training facilities, central service facilities Floor area means the sum of the gross horizon- and staff offices; provided, however, that such tal areas of the several floors of a building, related facility must be incidental and subordi- measured from the exterior faces of exterior walls nate to the main use and must be an integral part or from the centerline of walls separating two of the hospital operations. attached buildings. The required minimum floor area within each district shall not apply to acces- Hotel means a building or combination of build- sory uses. ings in which lodging is provided and offered to Supp.No. 16 CD 110:9 § 110-1 CAPE CANAVERAL CODE the public for compensation and duly licensed created which does not meet the requirements of pursuant to F.S. ch. 509, under single ownership this chapter, except townhouses. Such lot may and operation. It shall provide an inside office consist of: that shall be supervised by a person in charge at all times. There shall be a minimum of six (1) A lot of record; or guestrooms per building and a minimum of 150 (2) A portion of a lot of record;or combination guestrooms per hotel. As used in this definition, of portions of lots of record; the term "guestrooms" means those rooms in- (3) A combination of complete lots of record or tended or designed to be used or which are used, complete lots of record and portions of lots rented or hired out to be occupied or which are of record; and/or occupied for sleeping purposes by guests. (4) A parcel of land described by metes and Landscape buffer means that portion of the bounds. building setback area which is located along prop- Lot, corner, means a lot located at the intersec- erty lines adjacent to streets or abutting lots and tion of two or more streets. A lot abutting on a which in its entirety contains landscaping. curved street shall be considered a corner lot if straight lines drawn from the foremost points of Landscaping means the arrangement of vege- the side lot lines to the foremost point of the lot tation such as trees, bushes and grass, together meet at an interior angle of less than 135 degrees. with other suitable materials in complementary Lot coverage means the area of a lot that is fashion, over a tract of land for aesthetic effect. covered by an enclosed structure.This is normally Liquefied petroleum gas (LPG) means any ma- the principal and accessory structures and any terial having a vapor pressure not exceeding that other structure that blocks sunlight and the breeze way. allowed for commercial propane that is composed predominantly of the following hydrocarbons, ei- Lot dimensions means as follows: ther by themselves or as mixtures: propane, (1) Depth of a lot shall be considered to be the propylene, butane (normal butane or isobutane), distance between the midpoints of straight and butylenes. lines connecting the foremost points of the side lot lines in front and the rearmost Living area means the minimum floor area of a points of the side lot lines in the rear. dwelling as measured by its outside dimensions, exclusive of carports,porches,sheds and attached (2) Width of a lot shall be considered to be the garages. distance between straight lines connect- ing front and rear of the required front Loading space, offstreet, means space logically setback; provided, however, that width and conveniently located for bulk pickups and between side lot lines at their foremost deliveries, scaled to delivery vehicles expected to points,where they intersect with the street be used, and accessible to such vehicles when lines, shall not be less than 80 percent of required offstreet parking spaces are filled. Re- the required lot width, except for lots on quired offstreet loading space is not to be included the turning circle of cul-de-sacs, where as offstreet parking space in computation of re- the 80-percent requirement shall not ap- quired offstreet parking space. ply; provided, however, that all lots shall have a minimum of 25 feet facing a street. Lot means a parcel of land of at least sufficient Lot frontage means the narrowest portion of size to meet minimum zoning requirements for the lot fronting on a dedicated, accepted or main- use, coverage and area and to provide such set tained street right-of-way. backs and other open spaces as are required in this chapter. In no case of division or combination Lot, interior, means a lot with only one frontage of parcels shall any residual lot or parcel be on a street. .11.14.) Supp.No. 16 CD110:10 ZONING § 110-1 Lot line means the boundary line of a lot. shall boat docks accessory to a multiple-family dwelling where no boat-related services are ren- Lot of record means a lot whose existence, dered. location and dimension have been legally re- corded or registered in a deed or on a plat. Mini-storage means the renting of storage space which is utilized for the incidental storage of Lot,reversed frontage, means a lot on which the personal effects,which space shall not exceed 280 frontage is at right angles or approximately right square feet of net floor area. When used for such angles (interior angle less than 135 degrees) to a purpose, such property may not be used in the general pattern in the area.A reversed front combination with any other use, with the excep- age lot may also be a corner lot, an interior lot or tion of storage garage. a through lot. Lot, through, means a lot other than a corner Mobile home means a structure as defined in lot with frontage on more than one street. A F.S. § 553.36(12). through lot abutting two streets may be referred Mobile home park means a single parcel of to as a double frontage lot. ground on which there are sites to be leased or Major recreational equipment means boats and rented to tenants for the purpose of parking boat trailers,travel trailers,trailers for transport- mobile homes. ing motorized vehicles,pickup campers or coaches designed to be mounted on automotive vehicles, Motel means a building or combination of build motorized dwellings, tent trailers and the like, ings in which lodging is provided and offered to including the coverings. the public for compensation and duly licensed pursuant to F.S. ch. 509, under single ownership Manufactured housing or building means a and operation.As such it is open to the public the closed structure, building assembly or system of same as a hotel, except that the buildings are subassemblies,which may include structural,elec- usually designed to serve tourists traveling by trical, plumbing, heating, ventilating or other automobile,ingress to rooms need not be through service systems manufactured in manufacturing a lobby or office and parking usually is adjacent to facilities for installation or erection,with or with- the dwelling unit. There shall be a minimum of out other specified components, as a finished six guestrooms per building and a minimum of building or as part of a finished building, which 150 guestrooms per motel.As used in this defini- shall include but not be limited to residential, tion, the term "guestroom" means those rooms commercial, institutional, storage and industrial intended or designed to be used or which are used structures. This does not apply to mobile homes. rented or hired out to be occupied or which are Manufactured building may also mean, at the occupied, for sleeping purposes by guests. option of the manufacturer, any building of open construction made or assembled in manufactur- Motor travel home means a self-propelled vehi- ing facilities away from the building site, for cle containing living facilities and customarily installation or assembly and installation on the used for camping or recreational uses. building site. Net residential acre means the horizontal acre- Marina means a place for docking boats or age of a lot devoted exclusively to residential uses providing services to boats and occupants thereof, and their appurtenant accessory uses. Such area including servicing and repairing boats, sale of shall include the building site, recreation areas, fuel and supplies and provision of food,beverages open space, swimming pools,parking, drives, set- and entertainment as accessory uses.Ayacht club back areas and the like. Net residential acreage shall be considered as a marina,but a hotel,motel does not include areas used for nonresidential or similar use, where docking of boats and provi- purposes, streets,waterways, offices,golf courses sion of services thereto is incidental to other or any other use not developed for the exclusive activities,shall not be considered as a marina nor use of the property's residents. Supp.No. 16 CD110:11 § 110-1 CAPE CANAVERAL CODE Nonconformity means any lot, use of land, use Playground means an area of land set aside for of structure, use of structure and premises or outdoor recreation used by children for play and characteristics of any use which was lawful at the often equipped for specific activities. Playground time of enactment of the ordinance from which may also be that part of a park or outdoor recre- this section is derived but which does not conform ation facility set aside for such use by children.A with the district in which it is located. playground may be public or private; however, any recreational area established for Nonhazardous material means any material prekindergarten children only or for adults or which does not increase or cause an increase of college students primarily shall not be considered the hazard of menace of fire to a greater degree a playground. than that customarily recognized as normal by persons in the public service regularly engaged in Principal use of structure means a building in preventing, suppressing or extinguishing fire. which is conducted the principal use of the lot on which it is situated. In a residential district any Occupied means the use of a structure or land dwelling shall be deemed to be the principal for any purpose, including occupancy for residen- building on the lot on which the dwelling is tial, business, industrial, manufacturing, storage situated.An attached carport,shed,garage or any and public use. other structure with one or more walls or a part of Oceanfront lot means a lot that is contiguous one wall being a part of the principal building and with the ocean beach and which is considered as structurally dependent, totally or in part, on the fronting on a public street and includes those lots principal building shall comprise a part of the adjacent to a dedicated street.All lots contiguous principal building. A detached and structurally with the ocean beach shall be considered interior independent carport, garage or other structure lots. shall conform to the requirements of any acces- sory building. A detached and structurally inde- Open shed means any structure that has no pendent garage, carport or other structure con- enclosing walls. forming as an accessory building may be attached to the principal buildings by an open breezeway Open space area means that area of the lot not to exceed six feet in width.A connecting roof which is to be left open for free circulation of air breezeway in excess of six feet and enclosed on and which provides an area for recreational and one or both sides, including louvers, lattice or leisure pursuits. Not to be included as part of screening, shall cause the entire structure to be open space area are building setbacks, areas construed as the principal building and shall be occupied by all building structures, parking ar- subject to the sections applicable to the principal eas, roads and drives. Recreational areas may be building. included. Swimming pools may be included in the calculation of minimum open space. Public use means any use of land or a structure owned and operated by a municipality, county or Parking space, offstreet, consists of a minimum the state or federal government or any agency paved area of 200 square feet for parking an thereof and for a public service or purpose. automobile, exclusive of access drives or aisles thereto. Recreational vehicle means a unit designed as temporary living quarters for recreational, camp- Patio. See the definition of"terrace." ing or travel use,which either has its own motive power or is mounted on or drawn by another Paving may consist of the following materials: vehicle. The term includes travel trailer, camping macadam, asphalt, tar, cement, concrete, pervi- trailer, truck camper, motor home and wheeled ous concrete, bricks, tile, pavestone, tilestone, recreational trailer. flags, flagstone, flagging, cobblestone, cobbles, curb, kerb, curbstone, kerbstone, edgestone and Residential district means that area set aside curbing. All material must be contained by a primarily for use as low and medium density permanent border and properly maintained. residential housing. Supp.No. 16 CD 110:12 ZONING § 110-1 Pak 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 Shed means any structure built for the days or one calendar month,whichever is less, or 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 ing walls for less than 50 percent of its perimeter. days or one calendar month, whichever is less. 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, corn- 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 Right-of-way means land reserved, used or to zoning district as special exceptions. be used for a street, alley, walkway, drainage Story means that portion of a building included facility or other public purpose. between the floor surface and the upper surface of the floor next above or any portion of a building Satellite dish means any device incorporating a used for human occupancy between the topmost reflective surface that is solid, open mesh, or bar floor and roof. A basement or cellar not used for configured that is shallow dish, cone, horn, or human occupancy shall not be counted as a story cornucopia shaped and is used to transmit and/or 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, Street centerline means the midpoint of the TVROs, and satellite microwave antennas. street right-of-way. Schoolgrounds means all the land included in Street, private, means a private way set aside the lot or parcel upon which a school building is for vehicular traffic that exceeds 200 feet in regularly used,except during vacation periods,by developed length or serves four or more residen- elementary and secondary school students. The 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, Street right-of-way means the property line as a primary use, and where,in addition, services which bounds the right-of-way set aside for use as may be rendered and sales made as specified by a street. this chapter. Structure means that which is built or con- Setback means a required open space on the structed. same lot with a principal building,which space is 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. 16 CD 110:13 § 110-1 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 Tent means a collapsible shelter of canvas or or used in an adjoining zoning district. other fabric-type material. Wall means a structure forming a physical Terrace means an open space adjacent to the barrier, which is constructed of concrete or ma- principal building on one or two sides, prepared sonry composite. with a hard, semihard or improved surface, for Wall, concrete boundary, means a structure the purpose of outdoor living. constructed using concrete, either poured or in Total floor area or gross floor area means the block form,along the property boundary or within area of all floors of a building, including finished the setback and used as a dividing line between attics, finished basements and all covered areas, parcels of property in a residential zone, specifi- including porches, sheds, carports and garages. cally excluding townhouse interior party walls. Townhouse means a single-family dwelling unit Yard means all open space on the same lot as constructed in a series or group of attached units the principal building, which space is unoccupied with property lines separating such units. and unobstructed by buildings from the ground upward, except as otherwise provided. The term Trailer means a portable structure having no foundation other than wheels,jacks or blocks that generally applies to the area from each lot line to will not be a hazard to adjacent buildings and the principal building and its attached porches, that is also fully enclosed, operable and licensed. sheds, carports, garages and storage areas. (Code 1981, § 632.01; Ord. No. 7-96, § 1, 6-18-96; Trailer park means an area duly licensed by Ord.No. 9-97, § 1, 9-2-97; Ord.No. 19-98, §§ 1-3, the city and approved by the state board of health, 6-16-98; Ord. No. 30-98, § 1, 10-20-98; Ord. No. which is designed, constructed, equipped, oper- 1-00, § 1, 2-1-00; Ord. No. 5-00, §§ 1, 2, 4-18-00; ated and maintained for the purpose of providing Ord. No. 03-2003, § 2, 8-19-03; Ord. No. 02-2004, space for and otherwise servicing mobile homes § 2, 3-02-04; Ord. No. 01-2007, § 2, 2-20-07; Ord. and trailers. No. 04-2007, § 2, 6-19-07) 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 qualify as an alley pursuant to chapter 98 per shall consist of five members. taining to subdivisions. (b) The board of adjustment shall have the Vacant means a building or parcel of land that powers and duties to consider the approval of is neither occupied nor used. applications for special exceptions,variances,and administrative appeals under this chapter. Variance means a relaxation of the terms of this chapter when such variance will not be (c) The board of adjustment shall not incur contrary to the public interest and when,owing to any debts or enter into any contracts or obliga- conditions peculiar to the property and not the tions which would be enforceable against the city, result of the actions of the applicant, a literal unless prior approval has been obtained from the enforcement of this chapter would result in un- city council. .111111h necessary and undue hardship. As used in this (Ord. No. 11-2005, § 2, 6-21-05) Supp.No. 16 CD110:14 ZONING § 110-3 Sec. 110-3. Planning and zoning board. (a) The planning and zoning board is estab- lished and shall consist of five members. (b) The planning and zoning board shall oper- ate exclusively in an advisory capacity to the city council and the board of adjustment for variances and special exceptions, and no ruling, decision or recommendation of the board shall be binding on the council. (c) The board shall perform such duties as are conferred on it by this Code and the city council and shall, from time to time, make studies on planning and zoning matters affecting the health, welfare, safety and morals of the people of the city. (d) No problem or situation relating to zoning shall be submitted to the city council prior to being submitted to and acted upon by the plan- Supp. No. 16 CD110:14.1 p q , ZONING § 110-171 0 ance.Failure to provide records least 2,500 feet from the centroid requested shall be grounds for of the proposed establishment's revocation of the special excep- property. tion granted under this section. 2. Location of all existing public Any subsequent purchaser, as- streets between the proposed signee or transferee will be re- establishment and other estab- quired to execute and deliver to lishments and land uses as de- the city an affidavit and agree- scribed in subsections(a)(1)and ment, as provided above, in or- (a)(2) of this section. der to maintain the special ex- ception upon the property 3. Location of all existing churches, provided by this section. The school grounds or playgrounds restaurant, if advertised, shall which are within the vicinity be advertised and held out to map area with specific dis- the public to be a place where tances to the proposed estab- meals are prepared and served. lishment affixed per subsection i (a)(1) of this section. 4. Sale or consumption of malt 4. Location of all establishments 1 beverages and wine shall be limited to the time period set licensed by the state division of by chapter 6. alcoholic beverages and tobacco, 1including package retail sales, d. Chapters or incorporated clubs or which are within the required veteran's fraternal organizations con- vicinity map area with specific forming to F.S. § 565.02(4). distances to the proposed estab- (3) Package retail sales of alcoholic beverages lishment affixed per subsection for carryout, except for beer and wine (a)(2) of this section. sales,shall comply with subsections(a)(1), 5. Existing zoning for all proper- (a)(4), (a)(5)a.3. and (a)(5)a.5. of this sec- ties within 300 feet to the prop- tion only. erty of the proposed establish- ment shall be indicated. (4) One parking space shall be provided for each three seats or seating places. All b. The site plan map shall be drawn at seats or seating places, whether located a scale not less than one inch equals within a restaurant area or a bar/lounge 100 feet and shall indicate the fol- area,will be included in the calculation of lowing information: the required number of parking spaces. 1. Location and dimension of the Package retail sales establishments shall proposed establishment's prop- provide parking as determined by the erty lines, all existing and pro- building official, who shall use the ratios posed structures, driveways, established in article IX of this chapter. parking spaces and ingress/ egress points. (5) Each application for a special exception shall be accompanied by a vicinity map, a 2. The following information shall site plan map and a building floor plan. be presented in tabulated form: a. The vicinity map shall be drawn at a i. Number of parking spaces. scale of one inch equals 400 feet and ii. Number of restaurant shall indicate the following informa- seats. tion: iii. Number of bar/lounge 1. The outer boundary of the vi- seats. cinity map, which shall be at iv. Building area. Supp.No. 16 CD110:27 § 110-171 CAPE CANAVERAL CODE v. Lot area. Sec. 110-172. Temporary alcoholic beverage c. The building floor plan shall be of a permits. scale appropriate for the establish- ment, but in no case shall the scale (a) Upon approval of the city manager or the be less than one-eighth inch equals city manager's designee, and receipt of appropri- one foot and shall detail room lay- ate city permits, the division of alcoholic bever- outs and exits. ages and tobacco may issue temporary permits (b) Any special exception granted under this without a special exception for the on premises section may be temporarily suspended or abso consumption of alcoholic beverages for the follow- lutely revoked by majority vote of the board of ing: adjustment at a public hearing,when the board of adjustment has determined by competent substan- (1) Conventions. In convention halls, colise- tial evidence that either: ums, and similar type buildings where there is an existing beverage license, the (1) The establishment has obtained the spe director of the division of alcoholic bever- cial exception upon false statements,fraud, ages and tobacco may,in his or her discre- deceit,misleading statements,or suppres tion,issue a permit for not more than five sion of material facts; calendar days for the display by manufac- (2) The establishment has committed substan- turers or distributors of products licensed tial violations of the terms and conditions under the provisions of F.S. chapters 561 on which the special exception was granted; through 568,and may authorize consump- (3) The establishment no longer meets the tion of such beverages on the premises requirements of this section or the Florida only. Beverage Code; or (2) Nonprofit civic organizations. The direc- (4) The management of the establishment tor of the division of alcoholic beverages knowingly allowed illegal activities to be and tobacco may issue a permit authoriz- conducted on the premises including, but ing a bona fide nonprofit civic organiza- not limited to, possession or sale of illegal tion to sell alcoholic beverages for con- substances,racketeering,prostitution,lewd sumption on the premises only,for a period and lascivious behavior,and unlawful gam- not to exceed three days. All net profits tiling. from sales of alcoholic beverages collected Prior to any special exception being revoked, during the permit period must be re- the establishment shall be provided with min- tamed by the nonprofit civic organization. imum due process including notice of the grounds Any such civic organization may be issued for revocation and hearing date, an opportu- only three such permits per calendar year. nity to be heard, the right to present evidence, and the right to cross-examine adverse wit- (b) Any person or entity issued a temporary nesses. alcoholic beverage permit pursuant to this section (c) For on-premises consumption of liquors, shall be subject to the provisions of chapter 6 of restaurants or cocktail lounges shall have a min- the City Code, Alcoholic Beverages, as amended imum building area of 2,000 square feet and a from time to time, including, but not limited to, seating capacity of 100 patrons. hours of operation and nudity on the premises. (Code 1981, § 642.01; Ord. No. 15-96, § 1, 9-3-96; (Ord. No. 03-2006, § 2, 6-20-06) Ord.No.20-96,§ 1,9-17-96;Ord.No.09-2003,§2, 5-6-03; Ord. No. 19-2003, § 2, 7-15-03; Ord. No. 36-2003, § 2, 10-21-03; Ord. No. 03-2006, § 2, 6-20-06; Ord. No. 04-2006, § 3, 6-20-06; Ord. No. Secs. 110-173-110-190. Reserved. 23-2006, § 2, 1-2-07) Supp.No. 16 CD110:28 ZONING § 110-191 ARTICLE V. NONCONFORMITIES* (b) Rules for interpretation. Nothing in this article shall be interpreted as authorization for,or Sec. 110-191. Intent;rules of interpretation; approval of, the continuation of any illegal use of building and fire codes;defini- a building,structure or land or illegal structure or building that was in violation of any ordinance in tions. effect at the time of the passage of this article or (a) Intent. This article is intended to permit any amendments thereto. The casual, intermit- tent, temporary or illegal use of land, building or the continuation of those lots, structures, uses, structure or construction of an unlawful structure characteristics of use, or combinations thereof, shall not be a basis to establish the existence of a which were lawful before the passage of the City nonconforming use or structure.A lawful building Code or which at one time had been lawfully permit issued for any building or structure prior permitted under the City Code, but which would to the enactment of this article, the construction be prohibited, regulated or restricted under the of which is in conformity with approved site terms of the current City Code or future amend- plans, if applicable, and building plans shall be ments thereto. This article is designed to provide deemed nonconforming under this article if the standards and guidelines for the control and building or structure is built in full compliance management of nonconforming uses and noncom- with the City Code as it existed at the time of the plying buildings and structures,especially in reg- issuance of the building permit.In the event there ulating changes in the use of land or in the is a conflict with the provisions of this article and buildings or structures,including quality,volume a specific amortization provision requiring the or intensity,location,ownership or tenancy,acces- removal or modification of a nonconforming struc- sory and incidental uses, extension, enlargement, ture or discontinuance of a nonconforming use of replacement, or any other change in characteris- land, the provision which requires the nonconfor- tic. mity to come into compliance with the current City Code the earliest shall apply. It is the intent of this article to permit these nonconformities and noncompliances to continue (c) Building and fire codes. No provision con- until they are removed through discontinuance, tained in this article or elsewhere in the City abandonment or amortization, but not to encour- Code shall nullify, void, abrogate or supersede age their continuation unless otherwise autho- any requirement contained in a building or fire rized under this article either expressly or by code that is duly enacted by law. special permit. Such nonconforming uses and structures are declared by this article to be incom- (d) Definitions. As used in this article, the patible with permitted uses in the zoning districts following words shall have the meaning ascribed involved unless the city council issues a special unless the context clearly indicates otherwise: permit based upon evidence that special circum- stances exist in accordance with the standards set (1) Destroyed or destruction shall mean dam- forth in this article. It is further the intent of this age by any means,except by vandalism or article that nonconforming uses and structures other criminal or tortious act by someone shall not be enlarged upon, expanded, increased other than the property owner, such that or extended, nor be used as grounds for adding the cost to repair or reconstruct the struc- other structures or uses prohibited elsewhere in ture exceeds 50 percent of the fair market the same zoning district. value of the structure at the time of de- struction, as established by the Brevard *Editor's note—Ord. No. 17-2006, § 2, adopted Oct. 17, County Property Appraiser or by a li- 2006, amended art. V in its entirety and enacted similar provisions as set out herein. The former art. V derived from tensed appraiser, whichever is greater. Code 1981, §§ 643.01, 643.03, 643.05, 643.07(A), 643.07(B), 643.09,and 643.15;Ord.No. 19-96,§1,adopted Sept.3,1996; (2) Dwelling unit shall mean a residential and Ord.No.41-2003, §2, adopted Dec. 16,2003. living unit which serves as a person's Supp.No. 16 CD 110:29 § 110-191 CAPE CANAVERAL CODE domicile and said person has registered Sec. 110-193. Continuance of nonconform- the unit with the Brevard County Tax ing structures. Collector as homestead property. The lawful use of a nonconforming structure (3) Lot of record shall mean a lot which is may be continued subject to the following provi- part of a subdivision recorded in the offi- sions: cial record books of Brevard County, Flor- ida, or a parcel of land described by metes (a) No such structure may be enlarged or and bounds legal description,the descrip altered in a way which increases its non- tion of which has been recorded in the conformity; official record books of Brevard County, (b) Any structure or portion thereof may be Florida, and complies with the subdivi- altered to decrease its nonconformity; sion of land regulations of the city. (c) Should such structure be destroyed, it (4) Nonconforming or nonconformity shall shall not be repaired or reconstructed mean any lot, structure, use of land or except in conformity with the provisions structure, or characteristic of any use or of the City Code; and structure which was lawful at the time of subdivision, construction, or commence- (d) Should such structure be moved for any ment, as the case may be,which over time reason for any distance whatsoever, it no longer complies with the City Code or shall thereafter conform to the regula- other applicable law due to a subsequent tions of the zoning district in which it is change of the City Code or other law. located after it is moved. (Ord. No. 17-2006, § 2, 10-17-06) (5) Structural materials shall mean any part, material or assembly of a building or Sec. 110-194. Continuance of nonconform- structure which affects the safety of such ing uses of land. building or structure and/or which sup- ports any dead or designed live load and A nonconforming use lawfully existing at the the removal of which part, material or time of the enactment of the City Code or any assembly could cause, or be expected to subsequent amendment thereto may be continued cause,all or any portion to collapse or fail. subject to the following provisions: (Ord. No. 17-2006, § 2, 10-17-06) (a) No such nonconforming use shall be en- Sec. 110-192. Mobile home parks and single- larged or increased, nor extended to oc- family mobile home districts. cupy a greater area of land than was occupied at the adoption or subsequent (a) Mobile home parks and single-family mo- amendment of the City Code; unless such bile home districts in existence on October 28, use is changed to a use permitted in the 1975, shall be permitted, provided the number of district in which such use is located; spaces shall not exceed those licensed or previ- (b) No such nonconforming use shall be moved ously platted to such mobile home parks or dis- in whole or in part to any other portion of tricts on that date and provided further that such the lot or parcel occupied by such use at mobile home parks shall not exceed the limits of the adoption or subsequent amendment of property also on that date under unity of title and the City Code; shall be in accordance with state law. (c) No additional structures which do not (b) Removal and installation of a mobile home conform to the requirements of the City unit shall be done only after a permit is issued for Code shall be erected in connection with this purpose by the building official. such nonconforming use of land. (Ord. No. 17-2006, § 2, 10-17-06) (Ord. No. 17-2006, § 2, 10-17-06) Supp.No. 16 CD110:30 ZONING § 110-195 Sec. 110-195. Nonconforming uses of struc- more restrictive,equally or less intensive, tures or of structures and pre- and equally or more compatible with the mises in combination; change surrounding area. of use. (1) An application for a change of use shall be submitted to the building If a lawful use involving individual structures, official and shall include the follow- or of structures and premises in combination, ing: exists at the adoption or subsequent amendment a. The property owner's name and of the City Code,that would not be allowed in the address, a recorded deed indi- zoning district under the terms of the City Code, cating ownership and the legal the lawful use may be continued so long as it description of the property. remains otherwise lawful,subject to the following b. An affidavit executed before a provisions: notary public under penalty of (a) No existing structure devoted to a use not perjury attesting to the exist- permitted by the City Code in the district ing use and the date the use in which it is located shall be enlarged, was established. extended, constructed, reconstructed, c. A sealed, as-built survey or a moved or structurally altered, except in scaled drawing of the site along changing the use of the structure to a use with a notarized affidavit that permitted in the district in which it is the drawing is true and correct. located; Such survey shall show the di- mensions, height, number of (b) Any nonconforming use may be extended units and square footage of all throughout any parts of a building which structures, setback of all struc- were manifestly arranged or designed for tures, and distances between such use at the time of adoption or amend- structures. ment of this article but no such use shall d. An application fee as estab- be extended to occupy any land outside lished by the city council to be such building; set forth in appendix B to the (c) Any structure, or structure and land in zoning code. combination,in or on which a nonconform- e. Clear and convincing evidence ing use is superseded by a permitted use, that demonstrates that the pro- shall thereafter conform to the regula- posed nonconforming use(used tions for the district in which such struc- in conjunction with a noncon- ture is located, and the nonconforming forming structure and premises) use may not thereafter be resumed; and is as equally or more restric- tive, equally or less intensive, (d) Where nonconforming use status applies and equally or more compatible to a structure and premises in combina- with the surrounding area than tion, removal or destruction of the struc- the present nonconforming use. ture shall eliminate the nonconforming (2) The due process and notice provi- status of the land. sions set forth in section 110-28 shall (e) Notwithstanding subsections (a) through apply to all applications for change (d), the board of adjustment may grant a of use. change of use (used in conjunction with a (3) All proposed applications for change nonconforming structure and premises) of use shall be submitted to the plan- from one nonconforming use to another ning and zoning board for its study nonconforming use which is equally or and written recommendation to the Supp.No. 16 CD110:30.1 § 110-195 CAPE CANAVERAL CODE board of adjustment. Such proposal sory buildings may be erected, expanded, or al- shall be submitted at least 14 days tered on any single lot of record,notwithstanding prior to the planning and zoning that such lot fails to meet the requirements for board meeting at which it is to be area, width, and/or depth for the applicable zon- considered. ing district. This provision shall only apply where (4) Upon receipt of the planning and yard dimensions and requirements other than zoning board's recommendation, the area, width, and/or depth conform in all other board of adjustment shall issue a respects with the land development regulations written order certifying whether or for the applicable zoning district. not the proposed nonconforming use (Ord. No. 17-2006, § 2, 10-17-06) is equally or more restrictive,equally or less intensive,and equally or more Sec. 110-197. Abandonment. compatible than the present noncon- forming use. The board of adjust- ment shall consider the written rec (a) A nonconforming use of a building or pre ommendation of the planning and mises which has been abandoned shall not there- zoning board as part of the official after be returned to such nonconforming use. A record when hearing an application nonconforming use shall be considered aban for change of use. doned: (5) All change of use recommendations (1) When the intent of the owner to discon- and final orders shall be based on tinue the use is apparent; or the following relevant factors,includ- ing, but not limited to, whether the (2) When the characteristic equipment and requested use: the furnishings of the nonconforming use a. Uses less space; have been removed from the premises and b. Has fewer employees; have not been replaced by similar equip- ment within 180 days, unless other facts c. Requires less parking; show intention to resume the nonconform- d. Creates less traffic; ing use; or e. Has fewer deliveries; £ Creates less noise; (3) When it has been replaced by a conform- ing use; or g. Creates a better benefit to the surrounding area than the pre- (4) Where the use is discontinued or aban- vious use; doned for a period of more than 180 con- h. Is more acceptable with the ex- secutive days or for 18 months (545 days) isting and future use or make during any three-year period,except where up of the area; the use constitutes a dwelling unit. In the i. Is more normally found in a case of dwelling units,the discontinuance similar neighborhood; or or abandonment period shall be 730 con- j. Creates less of an impact than secutive days (two years). the present nonconforming use. (Ord. No. 17-2006, § 2, 10-17-06) (b) The city council may grant extensions of time for a nonconforming use of a building or Sec. 110-196. Nonconforming lots of record. premises, which would otherwise be considered abandoned pursuant to subsection(a),to continue In any zoning district in which single-family if the abandonment was directly caused by an act dwellings or duplexes are permitted, a single- of God or other emergency situation outside of the family dwelling or duplex, and customary acces- control of the property owner. 3 Supp.No. 16 CD110:30.2 ZONING § 110-200 (c) In the event a more specific abandonment, to be unsafe by any official charged with protect- discontinuance,or amortization provision is stated ing the public safety, upon order of such official. elsewhere in this City Code for a specific noncon- However, this subsection shall not be construed forming structure, land use, or land area, the as a means of circumventing the intent of this more specific provision shall apply. article calling for the elimination of nonconform- ing structures by allowing a nonconforming struc- (d) No provision contained in this article, or ture to be substantially rebuilt so as to extend the elsewhere in the City Code regarding the aban- ordinary and natural life of a nonconforming donment, discontinuance, or amortization of non- structure. conforming structures or land uses shall nullify, void, or abrogate any similar provision contained (c) The building official is authorized to permit in a duly executed binding development agree- structural alterations to nonconforming struc- ment approved by the city council prior to October tures in instances where the Occupational Safety 17, 2006. and Health Administration ("OSHA") require- (Ord. No. 17-2006, § 2, 10-17-06) ments necessitate alterations, provided the alter- ations shall not be authorized primarily to replace Sec. 110-198. Repairs and maintenance. deteriorated materials. Permittees shall be re- quired to produce verification that said alter- (a) Reasonable routine repair and mainte- ations are required by OSHA including, but not nance of nonconforming structures is permitted limited to, a citation to all applicable OSHA and is not a change which would terminate a regulations and any OSHA notifications requiring nonconforming status, provided the work is nec- essary to keep the structure in a state of good repair. The work may include the replacement of (d) This section does not apply to structures existing materials with like materials. However, used for single-family dwelling or two-family dwell- repairs and maintenance may only be authorized ing purposes which structures may be renovated, by the city council pursuant to section 110-200 or repaired, or replaced in accordance with a law- by the building official provided that the building fully issued building permit. official determines compliance with the following: (Ord. No. 17-2006, § 2, 10-17-06) (1) The repairs and maintenance comply with Sec. 110-199. Temporary uses. applicable building and fire codes. The casual, intermittent, temporary or illegal (2) No violation of sections 110 193, 110-194, use of land or structures, or construction of an 110 195, 110-197 exists. unlawful structure, shall not be sufficient to es- (3) The permittee shall be in compliance with tablish the existence of a nonconforming use or all other applicable provisions of this ar- structure. Such use or structure shall not be title. validated by the adoption of this article or amend- (4) There are no pending code enforcement ments hereto,unless it complies with the terms of actions or liens existing on the subject the City Code. property. (Ord. No. 17-2006, § 2, 10-17-06) (5) If replacement materials are involved, Sec. 110-200. Special permit. such replacement may not exceed 50 per- cent of the fair market value of the strut (a) The intent and purpose of this section is to ture,as established by the Brevard County recognize that there are limited and special cir Property Appraiser or by a licensed ap cumstances where overall community and public praiser, whichever is greater. policy objectives of the city encourage, and shall be served by, the continuation of some noncon- (b) Nothing in this article shall be deemed to forming uses of residential buildings for human prevent the strengthening or restoring to a safe occupancy provided said uses are not detrimental condition of any building or part thereof declared to the surrounding neighborhood and to the com- Supp. No. 16 CD110:30.3 § 110-200 CAPE CANAVERAL CODE munity values established in the city's compre- Secs. 110-201-110-220. Reserved. hensive plan and city codes. The city council desires to establish specific standards for this category of special permit in order to allow the ARTICLE VI. SITE PLANS* continuation of some nonconforming uses of resi- dential buildings for human occupancy notwith- Sec. 110-221. Submittal and review required. standing any contrary provisions of this article or Under this chapter, site plan submittal and City Code. review are required for the following: (b) The city council, at a duly held public (1) New commercial buildings or structures. hearing, may grant a special permit to allow the (2) New residential structures with four or continuation of a nonconforming use of a residen- more dwelling units. tial building for human occupancy provided the following terms and conditions are strictly satis- (3) Commercial additions exceeding 850 square fled: feet of gross floor area. (Code 1981, § 645.05(A)) (1) The owner of the property on which said nonconforming use exists files a special Sec. 110-222. Criteria required. permit application provided by the city; and Site plan criteria required under this chapter shall be as follows: (2) The applicant demonstrates that the con- tinuation of said nonconforming use: (1) Plan drawn to scale, no greater than one inch to 50 feet,on sheets two feet by three a. Is capable of contributing in a posi- feet, showing the following site data: tive way to the character and serves a. Size, height, number of units and the needs of the community includ- location of proposed and existing ing reoccupancy for the accommoda- structures and their relationship to tion of neighborhood walk-to-service property lines, setbacks, easements, uses,walk-to-work opportunities,and streets, etc. live-work spaces; reuse of buildings with architectural or historic value; b. Dimensions and total gross acreage and reuse of buildings that generate of the site and percentage devoted to a significant economic benefit to the structures and percentage of park- community; and ing area devoted to landscaping with curbs and water provisions. b. Is compatible with,and not detrimen- tal to,the surrounding neighborhood c. Total number of units proposed; to park- in terms of traffic, noise, parking, tal number and size of on-site odor, light, intensity and land uses, ing spaces and loading zones. hours of operation,landscaping, aes- d. Traffic flow diagram to ensure that thetics, structural design, density, an orderly and safe traffic flow is public safety and fire hazard; and permitted within the site and that c. Is consistent with the community no traffic problems are created by values,objectives,and policies estab- the proposed ingress and egress lished in the city's comprehensive routes. plan and City Code. e. Calculation of density(dwelling units per acre). (c) The city council may impose conditions and f. Location and dimension of areas for safeguards as a condition of approval of any parks,canals,waterways,boat slips, special permit granted under this section. (Ord. No. 17-2006, § 2, 10-17-06) *Cross reference—Planning,ch. 58. Supp.No. 16 CD110:30.4 ZONING § 110-223 parking areas,swimming pools,drive- b. Details, sections and specifications ways, recreation, trash and garbage required of all improvements, such pickup, sidewalks, dune crossovers, as streetlights, water and sewer etc. (structures, pipes, appurtenances), g. In those site plans which require a paving and drainage, curbs, storm subdivision of land,no site plan shall drainage and sidewalks. be approved until the city council c. Engineer's seal required in draw- has given approval to the prelimi- ings. nary plat. d. Engineering storm drainage design h. The type of enclosure for and loca- calculation and drainage maps. tion of communal-type trash contain- (4) Square footage of building for the follow- ers (dumpsters). Type of enclosure ing: shall be subject to approval and ac- ceptance of the planning and zoning a. Living. board. b. Parking. i. Fire alarm and standpipe data,when c. Other. required. d. Total under roof. j. Site vicinity map. (5) Drawing notes required as follows: k. Location of planned landscaping in a. Sidewalk and sanitary sewers to be compliance with sections 110-566 and 110-567. constructed to city standards. (2) Topographic survey, including the follow- b. Water lines to conform to City of Cocoa standards. ing: a. USC and G.S. datum plane. c. Where applicable, fire alarm system to be installed and connected to city b. Existing and proposed streetlights, fire department standards. water, sewer, paving, storm drains, fire hydrants, sidewalks, etc. (6) For mean high water, survey shall be done by procedures established by F.S. c. Lot lines and dimensions of all set- § 177.25 et seq. backs, structures and easements. (Code 1981, § 645.05(C); Ord. No. 07-2006, § 3, d. Location of established seawall line 6-20-06) and information for construction, if required. Sec. 110-223. Review procedures. e. Surveyor's certification. (a) Five copies of the site plan,prepared,signed f. Elevations to be given on one-foot and sealed by a professional engineer licensed by intervals. the state, shall be filed with the building official no later than 30 days prior to the meeting date at g. Range markers and coastal construc- tion setback line, where required. which the applicant is seeking planning and zon- ing board review. Filing fees as set forth in h. Location and type of existing trees appendix B to this Code shall be paid at this time. four inches in diameter or larger. (b) The site plan shall be submitted by the (3) Engineering data, including the follow- building department to the following department ing: heads for their review and comments: a. Finished grades for entire parcel, finished elevations for floors,streets, (1) City engineer or registered engineers ap- parking lots,sidewalks,ten inches of proved by the city. adjoining property, etc. (2) Building department. Supp.No. 16 CD110:30.5 § 110-223 CAPE CANAVERAL CODE (3) Fire marshal. planning and zoning board's recommendation. (4) State department of environmental pro- Any decision of the city council is final and subject tection. All phases calling for buildings to judicial review. located on the Atlantic Ocean and Banana (i) If the city council elects to grant conditional River are to be reviewed by this depart- approval of a site plan subject to any conditions or ment. contingencies, the applicant shall have 90 days (c) Within 14 days of the time the plans are from the date of conditional site plan approval to satisfy any such conditions and/or contingencies. received by the various department heads, they shall submit, in writing, to the building depart- If all conditions and/or contingencies are satis ment, a written report commenting on factors feed, the final site plan approval date shall be relating to the site plan. either the expiration of the 90-day period; or the date the building official certifies by notation on (d) The building department shall give a copy all city site plan copies, that all conditions and/or of the written comments to the applicant or his contingencies are satisfied, whichever first oc- representative to review, respond to and make curs. If the conditions and/or contingencies are any changes he deems appropriate to conform to not satisfied before the expiration of the 90-day the comments and recommendations from the period the conditional approval shall be automat- department heads. ically withdrawn and the application shall stand (e) The applicant shall submit seven copies of as denied. The 90-day compliance period may be the revised site plan, along with his architect's extended at the discretion of the city council,upon and engineer's comments, in response to the de- partmentwritten request of the applicant prior to the heads' reviews, to the building depart expiration of the 90 day compliance period, and ment no later than five days prior to the meeting. where the applicant demonstrates unusual cir cumstances or undue hardship. (f) All plans shall be made available to the (j) The planning and zoning board and city planning and zoning board for its review and recommendation to the city council. The building council shall have no authority to consider a official shall prepare a site plan checklist to be proposed site plan unless: submitted to the planning and zoning board when (1) The applicant has adequately and com- a site plan is reviewed. pletely addressed all items on the site plan checklist prepared by the building (g) The planning and zoning board, following official; and public hearing and review of any submitted site plan,shall make a written recommendation to the (2) The applicant has otherwise complied with city council recommending approval,approval with all matters contemplated under this sec- conditions,or denial of the application based upon tion. the site plan's compliance with the city's Code and (k) Following a public hearing on any applica- comprehensive plan. Such recommendation shall tion for site plan approval [before] the city coun- include the reasons for the board's recommenda- cil, the city clerk shall send to the applicant, by tion and show the board has considered the ap certified mail, return receipt requested, written plicable site plan criteria set forth in this article. notice of the action taken and the right to judicial (h) Upon receipt of the planning and zoning review. board's recommendation, and following a public (Code 1981, §645.05(B);Ord.No. 37-93, 10-19-93; hearing and review of the submitted site plan,the Ord. No. 2-94, 2-1-94; Ord. No. 35-2003, § 2, city council shall make a final decision on the 10-21-03; Ord. No. 03-2005, § 2, 4-5-05) application.If the city council determines that the planning and zoning board has not made a rec- Sec. 110-233.5. Reserved. ommendation on an application within a reason Editor's note—Ord. No. 03-2005, § 2, adopted April 5, able period of time, the city council may, at its 2005, deleted § 110-233.5, which pertained to appeal and discretion, consider an application without the derived from Ord. No. 35-2003, §2,adopted Oct.21, 2003. Supp.No. 16 CD110:30.6 ZONING § 110-246 Sec. 110-224. Expiration. been approved by the city council, together with All site plans under this article shall expire in an entry on the official zoning map as follows:"On 12 months from the final approval of the planning (date), by official action of the city council, the following change(s) were made in the official and zoning board, unless the building permit is zoning map:(brief description of nature of change)," issued or the applicant files with the city in which entry shall be signed by the mayor and writing a time extension for such site plan. The attested by the city clerk. The amending ordi- planning and zoning board shall recommend at nance shall provide that such changes or amend- its discretion such requests for city council ap ments shall not become effective until they have proval by resolution only if justifiable cause is been duly demonstrated and there have been no changes in any regulations in the interim. If granted, there shall be a one-time extension for no longer than six months. (Code 1981, § 645.05; Ord. No. 10-91, §§ 1, 2, 11-7-91) Secs. 110-225-110-245. Reserved. ARTICLE VII. DISTRICTS* DIVISION 1. GENERALLY Sec. 110-246. Official zoning map—Adopted. (a) The city is divided into zones or districts,as shown on the official zoning map which, together with all explanatory matter thereon, is adopted [by] reference and declared to be part of this chapter. The official zoning map shall be identi- fied by the signature of the mayor, attested to by the city clerk and bearing the seal of the city under the following words: "This is to certify that this is the official zoning map referred to in section 110-246 of the Code of Ordinances of the City of Cape Canaveral, Florida," together with the date of the adoption of the ordinance from which this chapter is derived. (b) The official zoning map in effect at the time of passage of the ordinance from which this chap- ter is derived shall remain in effect and shall be reidentified as provided in subsection (a) of this section. If, in accordance with this chapter and state law,changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be made on the official zoning map promptly after the amendment has *Cross reference—Sign regulations for shopping centers, §94-100. Supp.No. 16 CD110:30.7 0 0 0 ZONING § 110-274 in the opinion of the building official, is not Sec. 110-273. Accessory uses and structures. similar to a listed permitted use or due to its In the R-1 low density residential district, nature is an unusual use shall be referred to the accessory uses and structures shall be permitted board of adjustment which will, according to the as follows: procedures set forth for a special exception in article II of this chapter, determine the proper (1) Noncommercial piers,boathouses and load- zone for such use. The board of adjustment may ing places intended solely for the use of prescribe appropriate additional conditions and the adjoining residences, providing that safeguards in the public interest. the following conditions are met: (Code 1981, § 635.15) a. No dock or pier shall extend over five feet beyond the property line,unless the abutting waterway is over 100 feet in width at such point where the Secs. 110-258-110-270. Reserved. pier or dock is constructed. b. No watercraft moored to such use DIVISION 2. R-1 LOW DENSITY shall be used as living quarters, ex- RESIDENTIAL DISTRICT* cept as provided by section 110-552. c. All applicable regulations and restric- tions of the U.S. Army Corps of En- Sec. 110-271. Intent. gineers and other federal, county, state and local controls shall be ad- The requirements for the R-1 low density res- hered to. idential district are intended to apply to an area (2) Noncommercial botanical nurseries and of single-family unattached residential develop- greenhouses. ment. Lot sizes and other restrictions are in (3) Customary accessory uses of a residential tended to promote and protect a high quality of nature, clearly incidental and subordi- residential development free from congestion and nate to the principal use, including ga- overpopulation, to promote the permanent resi- rages, carports and the like, in keeping dency of single families and to enhance and main- with the residential character of the dis- tain the residential character and integrity of the trict. area. (Code 1981, § 637.01; Ord. No. 04-2007, § 2, (4) Home occupations subject to section 110- 6-19-07) 521 et seq. (Code 1981, § 637.05) Sec. 110-272. Principal uses and structures. Sec. 110-274. Special exceptions permissi- ble by board of adjustment. The principal uses and structures in the R-1 In the R-1 low density residential district, the low density residential district are as follows: following special exceptions shall be permitted by the board of adjustment: Single-family dwellings. In no case shall there (1) Public and semipublic parks,playgrounds, be more than one principal structure per playfields, recreation facilities and adult lot or parcel. congregate living facilities. (Code 1981, § 637.03; Ord. No. 04-2007, § 2, (2) Public utility equipment;uses and rights- 6-19-07) of-way essential to serve the neighbor- *Cross reference Sign restrictions in R-1 low density hood in which it is located. residential district, §94-96. (Code 1981, § 637.07) Supp.No. 16 CD110:33 § 110-275 CAPE CANAVERAL CODE Sec. 110-275. Prohibited uses and structures. Secs. 110-279-110-290. Reserved. In the R-1 low density residential district, all uses not specifically or provisionally permitted in DIVISION 3. R-2 MEDIUM DENSITY this division and any use not in keeping with the RESIDENTIAL DISTRICT* single-family residential character of the district, including two-family and multiple-family dwell- Sec. 110-291. Intent. ings, townhouses and mobile home parks, are The requirements for the R-2 medium density prohibited. residential district are intended to apply to an (Code 1981, § 637.09) area of medium density residential development with a variety of housing types. Lot sizes and Sec. 110-276. Area and dimensions. other restrictions are intended to promote and In the R-1 low density residential district, the protect medium density residential development following area and dimensions shall be required: maintaining an adequate amount of open space for such development. Further, the provisions (1) Minimum lot area shall be 7,500 square herein are intended to promote areas free from feet. congestion and overpopulation, to promote the (2) Minimum lot width shall be 75 feet. permanent residency of families and to enhance and maintain the residential character and integ- (3) Minimum lot depth shall be 100 feet. rity of the area. (4) Maximum lot coverage shall be 40 per- (Code 1981, § 637.15; Ord. No. 04 2007, § 2, cent. 6-19-07) (5) Minimum living area shall be 1,100 square Sec. 110-292. Principal uses and structures. feet. In the R-2 medium density residential district, (6) Maximum height shall not exceed 25 feet. the principal uses and structures shall be: (Code 1981, § 637.11) (1) Single-family dwellings; Sec. 110-277. Minimum setbacks. (2) Two-family dwellings; In the R-1 low density residential district, the (3) Multifamily dwellings; or following minimum setbacks shall be required: (4) Public schools. (1) Front, 25 feet. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential (2) Side (interior lot line), eight feet or ten acre. percent of lot, whichever is greater, up to (Code 1981, § 637.17; Ord.No. 17-96, § 1, 10-1-96; 20 feet. Ord. No. 04-2007, § 2, 6-19-07) (3) Side (corner lot line), 25 feet. Sec. 110-293. Accessory uses and structures. (4) Rear, 25 feet; 20 feet when abutting an In the R02 medium density residential district, alley. accessory uses and structures shall be permitted (5) Public or private street, 25 feet. as follows: (Code 1981, § 637.11) (1) Noncommercial piers,boathouses and load- ing places intended solely for the use of Sec. 110-278. Offstreet parking and access. the adjoining residences,provided the fol- In the R-1 low density residential district, lowing conditions are met: offstreet parking area and access to a public or a. No dock or pier shall extend over five private street shall be provided in accordance feet beyond the property line, unless with section 110-491 et seq. *Cross reference—Sign restrictions in the R-2 medium (Code 1981, § 637.13) density residential district, §94-97. Supp.No. 16 CD110:34 ZONING § 110-296 the abutting waterway is over 100 Sec. 110-295. Prohibited uses and structures. feet in width at such point where the pier or dock is constructed. In the R-2 medium density residential district, b. No watercraft moored to such use all uses and structures not specifically or provi- shall be used as living quarters, ex- sionally permitted in this division are prohibited. cept as provided by section 110-552. (Code 1981, § 637.23) c. All applicable regulations and restric- tions of the U.S.Army Corps of En- Sec. 110-296. Area and dimension. gineers and other federal, county, state and local controls shall be ad- In the R-2 medium density residential district, hered to. the following area and dimensions shall be re- quired: (2) Noncommercial botanical nurseries and greenhouses. (1) Minimum lot area shall be as follows: (3) Customary accessory uses of a residential a. One- and two-family, 7,500 square nature, clearly incidental and subordi- feet. nate to the principal use, including ga- rages, carports and the like, in keeping b. Multiple-family, 10,000 square feet. with the residential character of the dis- trict. (2) Minimum lot width shall be 75 feet. (4) Home occupations, subject to section 110- (3) Minimum lot depth shall be 100 feet. 521. (5) Parking lots and facilities in conjunction (4) Maximum lot coverage shall be 35 per- with one or more principal uses. cent. (Code 1981, § 637.19) (5) Minimum living or floor area shall be as follows: Sec. 110-294. Special exceptions permissi- ble by board of adjustment. a. One-family, 1,100 square feet per dwelling unit. In the R-2 medium density residential district, the following special exceptions shall be permis- b. Two-family,750 square feet per dwell- sible by the board of adjustment: ing unit. (1) Public utility equipment;uses and rights- c. Multiple family, as follows: of-way essential to serve the neighbor- hood in which it is located. 1. Efficiency, 450 square feet per dwelling unit. (2) Public and nonprofit private schools with 2. One bedroom, 650 square feet conventional curriculums; public librar- per dwelling unit. ies. (3) Churches and other places of worship; 3. Two bedrooms, additional bed houses. rooms,750 square feet per dwell- parishing unit (plus 200 square feet (4) Public safety structures and equipment, for each additional bedroom). such as fire substations, civil defense fa- cilities and the like. (6) Maximum height shall not exceed 25 feet. (5) Public and semipublic parks,playgrounds, (7) Maximum length or width of a structure playfields and recreation facilities. shall not exceed 185 feet. (Code 1981, § 637.21) (Code 1981, § 637.25) Supp.No. 16 CD110:35 § 110-297 CAPE CANAVERAL CODE Sec. 110-297. Minimum setbacks. permanent residency of families and to enhance and maintain the residential character and integ- (a) In the R-2 medium density residential dis- rity of the area. trict, the following minimum setbacks shall be (Code 1981, § 637.29; Ord. No. 04-2007, § 2, required. 6-19-07) (1) Front, 25 feet. (See subsection (b) of this Sec. 110-312. Principal uses and structures. section.) In the R-3 medium density residential district, (2) Side (interior lot line), eight feet or ten the principal uses and structures shall be: percent of width of lot,whichever is greater, up to 15 feet. (1) Single-family dwellings; (3) Side (corner lot line), 25 feet; on all non (2) Two-family dwellings; conforming lots of record, 15 feet. (3) Multifamily dwellings; or (4) Rear, 15 feet. (4) Public schools. Notwithstanding the foregoing, there shall be no (5) Public or private street, 25 feet. more than 15 dwelling units per net residential (b) See section 110-536 for special setbacks. acre. (Code 1981, § 637.25) (Code 1981, §637.31;Ord. No. 17-96, §2, 10-1-96; Ord. No. 04-2007, § 2, 6-19-07) Sec. 110-298. Offstreet parking and access. Sec. 110-313. Accessory uses and structures. In the R-2 medium density residential district, In the R-3 medium density residential district, offstreet parking and access to a public or private the following accessory uses and structures shall street shall be provided in accordance with sec be permitted: tion 110-491 et seq. (1) Noncommercial piers,boathouses and load- (Code 1981, § 637.27) ing places intended solely for the use of the adjoining residences,provided the fol- lowing conditions are met: Secs. 110-299-110-310. Reserved. a. No dock or pier shall extend over five feet beyond the property line, unless DIVISION 4. R-3 MEDIUM DENSITY the abutting waterway is over 100 RESIDENTIAL DISTRICT* feet in width at such point where the pier or dock is constructed. Sec. 110-311. Intent. b. No watercraft moored to such use for the R 3 medium densityshall be used as living quarters, ex- The requirements cept as provided by section 110-552. residential district are intended to apply to an area of medium density residential development c. All applicable regulations and restric with a variety of housing types. Lot sizes and tions of the U.S. Army Corps of En other restrictions are intended to promote and gineers and other federal, county, protect medium density residential development state and local controls shall be ad- maintaining an adequate amount of open space hered to. for such development. Further, the provisions (2) Noncommercial botanical nurseries and herein are intended to promote areas free from greenhouses. congestion and overpopulation, to promote the (3) Customary accessory uses of a residential *Cross reference—Sign restrictions in the R-3 medium nature, clearly incidental and subordi- density residential district, § 94-98. nate to the principal use, including ga- Supp.No. 16 CD110:36 ZONING § 110-315 rages, carports and the like, in keeping with the residential character of the dis- trict. (4) Home occupations subject to section 110- 521. (5) Parking lots and facilities in conjunction with one or more principal uses. (Code 1981, § 637.33) Sec. 110-314. Special exceptions permissi- ble by board of adjustment. In the R-3 medium density residential district, special exceptions permissible by the board of adjustment shall be as follows: (1) Public utility equipment;uses and rights- of-way essential to serve the neighbor- hood in which it is located. (2) Public and nonprofit private schools with conventional curriculums; public librar- ies. (3) Churches and other places of worship; parish houses. (4) Public safety structures and equipment, such as fire substations, civil defense fa- cilities and the like. (5) Public and semipublic parks,playgrounds, playfields and recreation facilities. (Code 1981, § 637.35) Sec. 110-315. Prohibited uses and structures. In the R-3 medium density residential district, all uses and structures not specifically or provi- sionally permitted in this division are prohibited. (Code 1981, § 637.37) Supp.No. 16 CD110:36.1 0 0 0 ZONING § 110-334 4110 adjacent to major arterial streets and convenient (9) Plant nurseries and greenhouses, pro- to major residential areas. The types of uses vided that all outside display merchan- permitted are intended to serve the consumer dise shall be contained in the required needs of nearby residential neighborhoods, as setbacks. well as the commercial needs of the motorist. Lot sizes and other restrictions are intended to reduce (10) Repair service establishments, such as conflict with adjacent residential uses and to household appliances, radio and TV and minimize the interruption of traffic along thor- similar uses, but not including automo- oughfares. bile repairs. (Code 1981, § 637.45; Ord. No. 01-2007, § 3, (11) Kindergartens and child care facilities. 2-20-07) (12) Shopping centers and malls. Sec. 110-332. Principal uses and structures. (13) Retail sale of beer and wine for off- In the C-1 low density commercial district, the premises consumption. following uses and structures are permitted: (14) Public schools. (1) Retail stores, sales and display rooms. (15) Resort dwellings or resort condominiums (2) Personal service establishments, such as duly licensed by the state, provided a beauty shops and barbershops, laundry special exception for a residential dwell- and dry cleaning pickup stations, tailor ing has been granted for the subject prop- shops and similar uses. erty. Resort condominiums satisfying the certificate of occupancy and zoning require- • (3) Professional offices, studios, clinics, labo- ments for a hotel, motel under the City ratories, general offices, business schools Code shall be regulated as a principle use and similar uses. under subsection (4), Hotel, motels. (4) Hotels, motels with a minimum of 150 (Code 1981, §637.47;Ord.No. 17-96, §3, 10-1-96; Ord. No. 04-2006, § 2, 6-20-06; Ord. No. 04-2007, rental units. In no case shall there be § 2, 6-19-07) more than 30 rental units per net acre nor shall a rental unit have a floor area less than 300 square feet. Hotel and motel Sec. 110-333. Accessory uses and structures. units containing provisions for cooking or In the C-1 low density commercial district, light housekeeping shall have a minimum customary accessory uses of one or more of the floor area not less than 400 square feet. principal uses clearly incidental and subordinate Motels and hotels may not be converted to to the principal use, in keeping with the low other types of dwellings at more than the density commercial character of the district, are density required in this chapter for such permitted. dwellings. (Code 1981, § 637.49) (5) Eating establishments. (6) Public and semipublic parks,playgrounds, Sec. 110-334. Special exceptions permissi- clubs and lodges, cultural facilities, hos- ble by board of adjustment. pitals, clinics,mortuaries,funeral homes, (a) In the C-1 low density commercial district, government offices, schools,churches and after public notice and hearing, the board of similar uses. adjustment may permit special exceptions which (7) Banks and financial institutions. are compatible to permitted uses and which are able to meet the minimum requirements and (8) Commercial recreation, such as driving performance standards as set forth in this zoning 41) ranges,bowling alleys and similar uses. district. Supp.No. 16 CD110:38.1 § 110-334 CAPE CANAVERAL CODE 11) (b) The board of adjustment may adjust set- components,vehicle lighting sys- backs and provisions noted in article IX of this tern components, radios, steer- chapter as necessary and appropriate in granting ing assembly parts,fuel system special exceptions. components and the like. (c) Special exceptions may be permitted for the 3. Tire servicing and repair, but following: not recapping. (1) Veterinary hospitals and clinics. 4. Washing and polishing, includ- ing the sale of related materi- (2) Radio and television studios, broadcast- als. ing towers and antennas. 5. Greasing,oil changes and other (3) Automotive service stations, subject to lubrication. the following: 6. Sale of cold drinks, package a. All setbacks shall be no less than 25 foods, tobacco and similar con- feet from any portion of the building, venience goods for service sta- including pump island. tion customers. b. Underground storage is required for 7. Road maps, informational ma- all receptacles for combustible mate- terials, restroom facilities. rials in excess of 55 gallons. Such 8. Truck and trailer rentals. storage shall comply with all Envi- ronmental Protection Agency stan- h. Vehicles shall not be parked outside dards. the building for more than four days, c. The accumulation and storage of such four days to be considered as an waste petroleum products is forbid- accumulated parking time, whether den, unless in compliance with En- consecutive or accumulated. vironmental Protection Agency stan- i. Uses permissible at a service station dards. do not include body work, straight- d. Curb cuts shall be made in accor- ening of body parts, painting, weld- dance with section 110-493. ing(other than minor repairs), stor- age of automobiles not in operating e. No service stations shall be erected condition or other work involving or located within 150 feet of the noise, glare, fumes, smoke or other property line of any church,hospital, characteristics to an extent greater school or park. than normally found in service sta- f. A visual screen, meeting the specifi- tions.A service station is not a body cations of section 110-566, shall be shop. provided along any property line abut- j. Automotive parts,new or used,shall ting a residential district or residen- not be stored outside. tial use. g. Services and sales permissible in- k. Vehicles are not to be dismantled or clude only the following: scrapped for parts. 1. Spark plugs, batteries, distrib- 1. Engine and transmission overhaul utor parts,ignition system parts, may be performed only inside the vehicle wiring and the like. service bays. 2. Exhaust system components,en- m. A minimum of two enclosed service gine cooling components, auto- bays and a customer waiting area motive air conditioning system must be provided if maintenance and components, braking system repairs are a part of the business. Supp.No. 16 CD110:38.2 ZONING § 110-334 n. A minimum building size of 2,000 c. All servicing and repair activities, square feet shall be provided. except gasoline pumps shall be lo- o. No plants (grass, weeds, etc.) shall Gated in an enclosed structure. be allowed to grow through cracks or d. There shall be no storage of junked joints in the pavement. or wrecked automobiles, other than p. Landscaping shall conform to sec- temporary storage not to exceed 30 tion 110-566. days, and these vehicles shall be in an enclosed area and not be visible q. Service stations shall not be erected from outside the property. or located within 2,000 feet of the e. Ingress and egress points shall not property line of another service sta- be placed so as to endanger pedes- tion. trian traffic. (4) Places in which goods are produced and (10) Single-family dwellings,two-family dwell- sold at retail upon the premises. ings,townhouses or multiple-family dwell- (5) Vocational and trade schools not involving ings;provided,however,there shall not be operations of an industrial nature. more than 15 dwelling units per net res- idential acre and such dwellings shall not (6) Commercial establishments which sell, be permitted on property along the AlA dispense, serve or store alcoholic bever- Highway Corridor as depicted in exhibit ages or which permit the consumption of "A," attached hereto and fully incorpo- alcoholic beverages on their premises.Also rated herein by this reference.See require- see section 110-332. ments in the R-2 district in division 3 of 110 (7) Dry cleaning establishments using this article. These requirements apply to residential construction in the C-1 dis- noninflammable solvents and cleaning flu- trict. ids, as determined by the fire chief. (11) Commercial establishments for the stor- (8) Retail stores using outside display areas, age or parking of recreational vehicles, provided the following are met: trailers and trailerable items, provided it a. The area of outside display shall not meets the following, as a minimum: exceed in size one-third of the en- a. Minimum lot size of 10,000 square closed area of the principal struc- feet. ture. b. Vehicle storage area must be ob- b. The outside display area shall be scured from view by either walls, considered the same as the floor area fences or hedges. for the purpose of calculating offstreet parking, setbacks and lot coverage. c. Walls, fences and hedges must com- ply with all city rules and regula- (9) New and used automobiles, major recre- tions and must be kept in good con- ational equipment and mobile home sales dition so as to ensure obstruction with accessory services, subject to the from view. following: (12) Public utility equipment;uses and rights- a. All outside areas where merchan- of-way essential to serve the neighbor- dise is displayed shall be paved. hood in which it is located. b. All ingress and egress points to abut- (13) Theatres, drive-in theatres, photographic ting streets shall be marked clearly studios,bookstores and dance studios,un- 41) and placed not closer than 150 feet less such uses fall within the scope and apart on the same street. restrictions of section 10-86 et seq. Supp.No. 16 CD110:38.3 §110-334 CAPE CANAVERAL CODE 1110 (14) Carwashes, including polishing, and sale c. All other principal uses and struc- of related materials. tures, 300 square feet. (15) Vehicle rental facility, as provided in sec- (6) The maximum height of all buildings con- tion 110-556 of this Code. structed within the C-1 district shall be (Code 1981, § 637.51; Ord. No. 02-2003, § 2, 45 feet. 3-4-03; Ord. No. 11-2006, § 2, 10-3-06) (Code 1981, § 637.55; Ord. No. 18-96, § 1, 9-3-96; Ord. No. 24-2006, § 2, 1-2-07) Sec. 110-335. Prohibited uses and structures. In the C-1 low density commercial district,the Sec. 110-337. Minimum setbacks. following uses and structures are prohibited: (a) In the C-1 low density commercial district, (1) All uses not specifically or provisionally the minimum setbacks required shall be as fol- permitted in this division. lows: (2) Any use which fails to meet performance (1) Front, 25 feet. (See subsection (b) of this standards specifications as provided in section.) section 110-466. (2) Side (interior lot line), zero feet; 25 feet (3) Bottle clubs. when abutting a residential district. (Code 1981, § 637.53) (3) Side (corner lot line), 25 feet. (4) Rear, ten feet; 25 feet when abutting a Sec. 110-336. Area and dimensions. residential district. In the C-1 low density commercial district, the (5) Public or private street, 25 feet. following areas and dimensions shall be required: (b) See section 110-536 for special setbacks. (1) Minimum lot area shall be as follows: (Code 1981, § 637.55) a. Service stations, 12,000 square feet. b. All other principal uses and struc- Sec. 110-338. Landscaping, screening and parking. tures, 5,000 square feet, and, in ad- dition,the ratio of gross floor area to In the C-1 low density commercial district, lot area shall not exceed 1.5:1.0. landscaping, screening and parking shall be pro- (2) Minimum lot width shall be as follows: vided pursuant to article IX of this chapter per- taining to supplementary district regulations. a. Service stations, hotels and motels, (Code 1981, § 637.57) 100 feet. b. All other principal uses and struc- Sec. 110-339. Offstreet parking and access. tures, 50 feet. In the C-1 low density commercial district, (3) Minimum lot depth shall be 100 feet. offstreet parking and access to a public or private street shall be provided in accordance with sec- (4) Maximum lot coverage shall be 50 per- tion 110-466. cent. (Code 1981, § 637.59) (5) Minimum living or floor area shall be as follows: Secs. 110-340-110-350. Reserved. a. Hotels and motels, 300 square feet per rental unit. b. Hotel and motel units containing provisions for cooking or light house- keeping, not less than 400 square 4110 feet. Supp.No. 16 CD110:38.4 ZONING § 110-352 0 DIVISION 6. M-1 LIGHT INDUSTRIAL AND g. Jewelry, silverware, plated ware. RESEARCH AND DEVELOPMENT h. Musical instruments and parts. DISTRICT* i. Toys,amusements,sporting and ath- Sec. 110-351. Intent. letic goods. The requirements for the M-1 light industrial j. Radio,TV,phonograph and electron- ics instruments and parts. and research and development district are in- tended to apply to an area located in close prox- k. Pens, pencils and other office and imity to transportation facilities and which can artist materials. serve light manufacturing, research and develop- 1. Costume jewelry, costume novelties, ment,distribution and other industrial functions. buttons and notions. Restrictions in this division are intended to min- m. Other similar uses. imize adverse influences of the industrial activi- ties. All principal uses permitted in this zone (4) Ministorage and storage garages. shall be contained in an enclosed structure. (5) Paint and body shops. (Code 1981, § 638.01; Ord. No. 01-2007, § 3, 2-20-07) (6) Motor vehicle repair shops. (7) Adult entertainment establishments and Sec. 110-352. Principal uses and structures. sexually oriented businesses, providing it In the M-1 light industrial and research and complies with the following provisions: development district,the following uses and struc- a. Definitions.Where applicable,words tures are permitted,provided any use or group of or phrases used in this subsection(7) 110 uses that are developed, either separately or, if shall be defined according to chapter developed as a unit with certain site improve- 10, article IV of the Cape Canaveral ments, shared in common, meet requirements of City Code. article IX of this chapter: b. Prohibited locations. Notwithstand- (1) General offices, studios, clinics, laborato- ing any other provision of the zoning ries, data processing and similar uses. ordinance of the city,no person shall cause or permit the establishment of (2) Engineering,laboratory,scientific and re- an adult entertainment establish- search instrumentation and associated ment or sexually oriented business uses. within 1,000 feet of another such (3) Manufacturing of: establishment or within 1,000 feet of any pre-existing religious institu- a. Instruments for controlling,measur- tion, public park, public library, or ing and indicating physical charac- any residentially zoned district (in- teristics. cluding, but not limited to, R-1,R-2, b. Optical instruments and lenses. R-3) or area designated residential c. Surgical, medical and dental instru- on the city's comprehensive plan fu- ments and supplies. ture land use map. No person shall cause or permit the establishment of d. Ophthalmic goods. an adult entertainment establish- e. Watches, clocks, clockwork-operated ment or sexually oriented business devices and parts. within 2,500 feet of an educational f. Photographic equipment and sup- institution. No person shall cause or plies. permit the establishment of a public park,public library,residential land 410 'Cross reference—Sign regulations in the M-1 light use, or religious institution within industrial and research and development district,§94-99. 1,000 feet,or an educational institu- Supp.No. 16 CD110:39 §110-352 CAPE CANAVERAL CODE tion within 2,500 feet, of an existing cil, may grant a variance, with or adult entertainment establishment without conditions and additional or sexually oriented business. This safeguards, to the distance require- provision shall also apply to adult ments of subparagraph b. above if it entertainment establishments, sex- finds: ually oriented businesses, religious 1. That the proposed use will not institutions, public parks, public li- be contrary to the public inter- braries,educational institutions and est, detrimental to the public areas zoned or designated on a Com- welfare, or injurious to nearby prehensive Plan for residential use properties, and that the spirit that lie outside of the city. and intent of the zoning ordi- c. Permissible locations.Notwithstand- nance will be observed; ing any other provisions of the zon- 2. That all applicable provisions ing ordinance of the city,except those contained in subparagraph b., pro- of this subsection and the city hibited locations,above,adult enter- sexually oriented business and tainment establishments and sexu- adult entertainment establish- ally oriented businesses shall only went code will be observed; be allowed in the M-1 zoning dis- 3. That the proposed use will not trict. be contrary to any adopted land d. Measurement of distance. The dis- use plan; tance between any two adult enter- 4 That special conditions and cir- tainment establishments or sexually cumstances exist which are pe- oriented businesses shall be mea- culiar to the land, building or sured in a straight line, without re- proposed business which are not gard to intervening structures, from generally applicable to other the closest exterior structural wall of lands,buildings,or adult enter- each such establishment. The dis- tainment or sexually oriented tance between any adult entertain- businesses. ment establishment or sexually ori- 5. That the variance is the mini- ented business and any residentially mum variance that will make zoned or designated land, religious possible the reasonable use of institution, public park, public li- the subject land and building brary or educational institution shall for the intended purpose; and be measured in a straight line,with- out regard to intervening structures, 6. That the variance does not con- from the closest exterior structural fer upon the applicant any spe- wall of the adult entertainment es- cial privilege. tablishment or sexually oriented busi- ness to the nearest boundary of the (8) Vocational schools and colleges. area zoned or designated on the com- (9) Fireworks sales facilities subject to the prehensive plan for residential use, following distance requirements: or nearest property boundary of any religious institution, public library, a. They shall be at least 1,000 feet from public park or educational institu- any pre-existing fireworks sales fa- tion. cilities; e. Reserved. b. They shall be at least 1,000 feet from f. Variance. Upon written application any pre-existing residential use or duly filed with the city,the city coun- property designated residential on CD110:40 Supp.No. 16 ZONING § 110-354 11, the city's comprehensive plan future (c) Special exceptions may be granted for the land use map and/or official zoning following: map; (1) Outside storage, as provided in section c. The distance shall be measured as 110-566. the shortest linear distance between (2) Freight handling facilities; transporta- the property line of the proposed tion terminals. fireworks sales facility and any pre- existing fireworks sales facilities or (3) Temporary security facilities, subject to any pre-existing residential use or annual review. property designated residential on (4) Service stations, subject to the provisions the city's comprehensive plan future designated in division 5 of this article for land use map and/or official zoning the C-1 district. map. (Code 1981, § 638.03; Ord. No. 1-96, § 1, 1-30-96; (5) Veterinary hospitals and clinics, subject Ord. No. 17-96, § 4, 10-1-96; Ord. No. 5-99, § 1, to the provisions designated in division 5 9-7-99; Ord. No. 02-2004, § 2, 3-2-04; Ord. No. of this article for the C-1 district. 08-2004, § 2, 5-4-04; Ord. No. 13-2004, § 4, 7-20- (6) Recycling activities for the collection of 04) nonhazardous materials,provided that all storage of such materials shall be in ap- Sec. 110-353. Accessory uses and structures. proved structures, containers or trailers. In the M-1 light industrial and research and (7) Radio and TV studios. development district, accessory uses and struc-0 (8) Shopping centers, provided the shopping tures shall be permitted as follows: center is on a minimum ten-acre plot and (1) Retail sales of products manufactured upon has a minimum of 75,000 square feet of the premises. interior space under the roof.All shopping centers shall be built in conformance with (2) Customary accessory uses of one or more the criteria for the classification of shop- of the principal uses, clearly incidental ping centers as set forth in the building and subordinate to the principal use, in code adopted in section 82-31. keeping with the light industrial and re- search and development character of the (9) Public utility equipment;uses and rights- district. of-way essential to serve the neighbor- (Code 1981, § 638.05) hood in which it is located. (10) Permanent security living facilities, sub- Sec. 110-354. Special exceptions permissi- ject to an annual review and the follow- ble by board of adjustment. ing: (a) In the M-1 light industrial and research a. Maximum size not to exceed 800 and development district, after public notice and square feet. hearing, the board of adjustment may permit b. Security personnel only; no children special exceptions which are compatible to per- allowed. mitted uses and which are able to meet the c. Facility to be used exclusively for minimum requirements and performance Stan- security purposes. dards as set forth in this zoning district. (11) Restaurants. (b) The board of adjustment may adjust set- (12) Public buildings. backs and provisions of section 110-566 as deemed 0 necessary and appropriate in granting a special (13) Telecommunications towers,subject to the exception. provisions of section 110-482. CD 110:41 Supp.No. 16 i § 110-354 CAPE CANAVERAL CODE 41110 (14) Conveyor systems for purposes of moving (2) Minimum lot width shall be 75 feet. aggregate and other materials, subject to (3) Minimum lot depth shall be 100 feet. the following: a. Conveyor systems must be connected (4) Maximum lot coverage shall be 50 per- and adjacent to Port Canaveral. cent. b. Conveyor systems crossing the set- (5) Minimum floor area shall be 300 square back must be constructed in a north- feet. south direction,perpendicular to Port (6) The maximum height of all buildings con- Canaveral. structed within the M-1 zoning district c. Conveyor systems must be corn- shall be 45 feet. pletely enclosed where located within (Code 1981, § 638.11; Ord. No. 18-96, § 2, 9-3-96) a setback. d. Conveyor systems shall not exceed Sec. 110-357. Minimum setbacks. 30 feet in height,where located within a setback. (a) In the M-1 light industrial and research and development district, the minimum setbacks e. Conveyor systems in the setbacks required shall be as follows: shall not be located within 750 feet from any other existing or approved (1) Front, 25 feet. (See subsection (b) of this conveyor system(s). This measure- section.) ment shall be drawn as a straight (2) Side (interior lot line), 15 feet, except line connecting the conveyor sys- where industrial property abuts a residen- tems. tial district, in which case the minimum (Code 1981,§638.07;Ord.No. 13-95,§ 1,9-19-95; side interior lot shall be 25 feet. Ord. No. 1-96, § 3, 1-30-97; Ord. No. 8-97, § 1, 41110 9-2-97; Ord. No. 16-2005, § 2, 10-4-05; Ord. No. (3) Side (corner lot line), 25 feet. 01-2007, § 2, 2-20-07) (4) Rear, 15 feet, except where industrial Cross reference—Adult entertainment,§ 10-86 et seq. property abuts a residential district, in Sec. 110-355. Prohibited uses and structures. which case the minimum rear yard re- In the M-1 light industrial and research and quirement shall be 25 feet. development district,the following uses and struc- (5) Public or private street, 25 feet. tures are prohibited: (b) See section 110-536 for special setbacks. (1) All uses not specifically or provisionally permitted in this division and uses not in (Code 1981, § 638.11) keeping with the light industrial and re- Sec. 110-358. Landscaping, screening and search and development character of the parking. district. (2) Any use deemed objectionable by the stan- In the M-1 light industrial and research and dards established in section 110-466 et development district, landscaping, screening and seq. parking shall be as provided in article IX of this (Code 1981, § 638.09) chapter. (Code 1981, § 638.13) Sec. 110-356. Area and dimensions. In the M-1 light industrial and research and Sec. 110-359. Performance standards. development district, the area and dimensions In the M-1 light industrial and research and shall be as follows: development district,performance standards shall (1) Minimum lot area shall be 10,000 square be as provided in section 110-466 et seq. feet. (Code 1981, § 638.15) Supp.No. 16 CD110:42 ZONING § 110-376 110 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 (2) Side, end unit, eight feet. seq. (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- Tbwnhouse area and dimensions shall be as rooms shall require an additional parking space follows: for each bedroom in excess of three. 0 (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 rear of the site. dwelling unit. (Code 1981, § 639.07) b. Two bedrooms, 750 square feet per dwelling unit. Sec. 110-376. Preservation of trees. c. Additional bedrooms,200 square feet For townhouses,during the development of the per bedroom. subdivision,all trees of four inches in diameter or (7) Maximum building length or width shall larger shall be preserved or replaced, unless they exist within: be 185 feet. (1) A proposed public or private easement. Until December 31, 1993, 50 and 75-foot-wide nonconforming lots of record may have 16-foot- (2) A proposed structure dimension. wide townhouse lots.410 (3) A proposed driveway or designated park- (Code 1981, § 639.03) ing area. Supp.No. 16 CD110:43 § 110-376 CAPE CANAVERAL CODE (4) Ten feet of a proposed structure. an area adjacent to major arterial streets,located (Code 1981, § 639.09) adjacent to existing commercial or manufacturing Sec. 110-377. Individually platted lots. uses and convenient to major residential areas. This district would be associated with a mix of low Each townhouse unit shall be located on an density commercial and light industrial.The types individually platted lot. If there exists areas for of uses permitted are intended to serve employ- common use of the occupants,the plat will not be ment and consumer needs of nearby residential approved until satisfactory arrangements are made neighborhoods,as well as the commercial needs of for maintenance and presented to the city. Indi- the motorist.All principal uses permitted in this vidual maintenance procedures shall be submit- zone shall be contained in an enclosed structure. ted to the planning and zoning board to ensure (Ord. No. 4-99, § 1, 7-6-99; Ord. No. 01-2007, § 3, that all public areas in common open spaces shall 2-20-07) be maintained in a satisfactory manner without expense to the city. (Code 1981, § 639.11) Sec. 110-381. Principal uses and structures. Sec. 110-378. Building permit. In the C-2 commercial/manufacturing district, The townhouse developer must file an applica- the following uses and structures are permitted: tion for a building permit. The application must 1. Retail stores, sales and display rooms, be in a format approved by the building official and shopping centers. and shall include all elements necessary for multi- family pp g construction in accordance with section 2. Personal service establishments, such as 110-221 et seq.The expiration date of the building beauty shops and barbershops, laundry permit shall be in accordance with section 106.6.1 and dry cleaning pickup stations, tailor of the building code adopted in section 82-31. shops, daycare and similar uses. (Code 1981, § 639.13) 110 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 board,who may approve, approve subject to con- 4. Professional offices, studios, clinics, labo- ditions or disapprove.When submitted,the devel- ratories,general offices,business schools, opment schedule shall indicate the staging of data processing and similar uses. construction and the staging of open space or 5. Banks and financial institutions. other common use areas for conveyance, dedica- tion or reservation;the geographic stages in which 6. Places in which goods are produced and the project will be built; the approximate date sold at retail upon the premises. when construction of each stage shall begin; and its anticipated completion date. Provision for the 7. Eating establishments, bakeries and del- construction of cultural and recreational facilities icatessens. which are shown on the site plan shall proceed at an equivalent or greater rate as the construction 8. Non-commercial public parks; commer- of the dwelling units. cial indoor playgrounds;clubs and lodges; (Code 1981, § 639.15) cultural facilities; hospitals; clinics; mor- tuaries and funeral homes(excluding cre- matories); government offices; schools; DIVISION 8. C-2 adult and youth centers; churches; read- COMMERCIAL/MANUFACTURING DISTRICT ing rooms and similar uses. Sec. 110-380. Intent. 9. Vocational and trade schools not involving The requirements for the C-2 commercial/ operations of an industrial nature, such manufacturing district are intended to apply to as truck driving schools. Supp.No. 16 CD110:44 ZONING § 110-381 10. Repair service establishments, such as household appliances,radio,television and similar uses (excluding automobile re- pairs). 11. Automotive service stations, subject to the following: a. All setbacks shall be no less than 25 feet from any portion of the building, including pump islands. b. Underground storage is required for all receptacles for combustible mate- rials in excess of 55 gallons. Such storage shall comply with all Envi- ronmental Protection Agency stan- dards. c. The accumulation and storage of waste petroleum products is forbid- den, unless in compliance with En- vironmental Protection Agency stan- dards. d. Curb cuts shall be made in accor- dance with section 110-493. 410 e. No service stations shall be erected or located within 150 feet of the property line of any church,hospital, school or park. f. A visual screen, meeting the specifi- cations of section 110-566, shall be CD110:45 Supp.No. 16 ZONING § 110-486 up, shall be located within the residence used by owners for purposes of declaring served. The location shall be approved by their intent under this subsection. A the building official. $100.00 filing fee per existing unit and a (10) One side setback on the property shall $100.00 filing fee for a preliminary non- remain open space in accordance with conforming certificate is also hereby es- this Code. tablished and required to be paid by the (Ord. No. 15-2005, § 2, 9-20-05) owner at the time of filing the notice of intent. If the owner fails to timely file a Sec. 110-485. Liquefied petroleum gas. notice of intent within the 30-day time period for a particular dwelling or condo- The tank capacity for storage of liquefied pe- minium unit, the owner shall be barred troleum gas for distribution purposes shall not from claiming nonconforming status un- exceed 1,000 total gallons per lot of record. To the der this section for said unit. extent that this section conflicts with a more restrictive provision of any applicable fire safety (2) Except as provided in subsection (b)(5), code or law,the more restrictive code or law shall within one year of filing the notice of apply.For purposes of this section,the term"lot of intent required by subsection (b)(1), the record" shall have the same meaning set forth in owner shall have obtained the requisite section 110-1 and shall also include a combination license from the Florida Department of of contiguous lots of record that are either under Business and Professional Regulation and single ownership, unified in title, or used for certificate of occupancy from the building common development purposes. official for the subject dwelling or condo- (Ord. No. 01-2007, § 2, 2-20-07) minium unit. Proof of the requisite 41) licensure and certificate of occupancy shall Sec. 110-486. Resort dwellings;resort condo- be submitted to the city manager within miniums; nonconforming use the one-year time period, and upon re- status, expiration. ceipt and verification of the same,the city manager shall issue, and record in the (a) Resort dwellings and resort condominiums official public records of Brevard County, that are not located within a C-1 zoning district Florida, a certificate of nonconforming shall be deemed a nonconforming use subject to status to the owner for the subject dwell- the provisions of chapter 110, article V, ing or condominium unit. If the owner Nonconformities, of this Code, provided said re- fails to provide proof of the license and sort dwelling or condominium is declared existing certificate of occupancy within the one- in accordance [with] the terms and conditions set year time period required by this subsec- forth in this section. tion,the owner shall be barred from claim- (b) In order to be declared existing under this ing nonconforming status under this section section,the owner of the resort dwelling or resort even though a notice of intent was filed condominium shall timely obtain a certificate of under subsection (b)(1). nonconforming status from the city manager as (3) Proof of the requisite certificate of occu- follows: pancy shall require the owner to satisfac- (1) The owner shall file a written notice of torily demonstrate to the building official intent with the city manager within 30 compliance with all applicable building days of June 19,2007,which declares and codes and to also satisfactorily demon- registers the owner's intent to duly li- strate to the fire chief compliance with all cense an existing dwelling unit or condo- applicable fire codes. In furtherance of minium unit as a resort dwelling or resort this requirement, the owner shall be re- condominium in accordance with applica- quired to file with the building official and ble provisions of F.S. ch. 509. The city fire chief a life safety plan for the subject manager shall promulgate a form to be dwelling or condominium unit within 30 Supp.No. 16 CD110:66.1 § 110-486 CAPE CANAVERAL CODE 4110 days following the filing of the notice of owner shall have one year from June intent required under subsection (b)(1), 19,2007,to obtain site plan approval unless filing of the life safety plan is to construct the dwelling unit(s) or otherwise required by state law. Such condominium unit(s); plan shall contain the information deemed (ii) At the time the dwelling or condo- necessary by the building official and fire minium unit receives an initial cer- chief in order to determine compliance tificate of occupancy from the build- with the applicable building and fire codes. ing official, the unit shall meet the Upon acceptance of the life safety plan by building and fire code standards ap- the building official and fire chief, the plicable to resort dwellings or resort owner shall have 90 days in which to file condominiums; and detailed plans and specifications covering all repairs and improvements required to (iii) Within 60 days of receiving a certif- demonstrate compliance with all applica- icate of occupancy for a resort dwell- ble building and fire codes,unless filing of ing or resort condominium unit, the the plans and specifications is otherwise owner shall be required to obtain the required by state law. requisite license from the Florida Department of Business and Profes- (4) The one-year time period may be ex- sional Regulation for said unit and tended by the building official or fire chief shall obtain a final certificate of non- for good cause shown, provided that the conforming status. owner has demonstrated a good-faith ef- fort to comply with the provisions of this If the owner constructs the units and section and the owner has not unlawfully fails to meet the aforementioned con- used the subject unit in violation of this ditions, the owner shall be barred 4110 section after June 19, 2007. from claiming nonconforming status under this section even though a (5) A preliminary certificate of nonconform- preliminary certificate of nonconform- ing status for a resort dwelling or resort ing status was issued. condominium shall be issued for a dwell- ing unit that has not yet been con- (c) Any resort dwelling or resort condominium structed, provided a site plan application deemed nonconforming pursuant to this section for the construction of the dwelling unit shall lose its nonconforming status if any one of has been approved by, or filed with, the the following occurs: city by June 19, 2007, and pursuant to (1) The resort dwelling or resort condomin- subsection (b)(1), the owner has timely ium use is abandoned pursuant to section filed a notice of intent with the city man- 110-197 of this Code; ager which declares and registers the owner's intent to duly license the pro- (2) The Division of Hotels and Restaurants of posed dwelling unit or condominium unit the Florida Department of Business and as a resort dwelling or resort condomin- Professional Regulation revokes the re- ium in accordance with applicable provi- sort dwelling's or resort condominium's sions of F.S. ch. 509, when the unit is license for whatever reason, or if said constructed. However, upon issuance of a license should otherwise expire or lapse preliminary certificate of nonconforming at any time for a period of time in excess status, the owner shall be required to of 30 days. comply with the following additional con- (3) The resort dwelling or resort condomin- ditions in order to receive a final certifi- ium unit has been repeatedly found to be cate of nonconforming status: in violation of applicable building, fire (i) If a site plan was filed, but not yet and zoning code requirements on more approved, before June 19, 2007, the than three separate occasions within the Supp.No. 16 CD110:66.2 ZONING § 110-491 previous three-year period commencing structure or at the time any main building or on the date that the most recent violation structure is enlarged or increased in capacity, by was cited.For purposes of this subsection, adding dwelling units, guestrooms, floor area or the term violation shall include those vi- seats,minimum offstreet automobile parking space olations declared by the state or the city with adequate provisions for ingress or egress in or a combination of violations declared by accordance with the following: the state and city. (1) Auditoriums, theatres, clubs, lodges, res- (d) It shall be unlawful for an owner to operate taurants and other places of assembly. a resort dwelling or resort condominium in a One space for each three seats or seating zoning district other than C-1 (low density corn- places or one space for every 100 square mercial district)unless the owner has obtained a feet of floor area of the main assembly certificate of nonconforming status under this hall, whichever is greater. section.In furtherance of the public health,safety and welfare of the public that occupy resort dwell- (2) Churches, temples or places of worship. ings and resort condominiums, the city manager One space for each four seats or seating is hereby authorized to take whatever lawful places or one space for each 125 square steps are necessary, with the assistance of the feet of floor area of the main assembly building official and fire chief,to require that the hall, whichever is greater. operation of a resort dwelling or resort condomin- ium with in the city is in compliance with the (3) Hospitals. Two spaces for each patient city's zoning and certificate of occupancy require- bed plus one space for each employee on ments. Said steps may include, but are not lim- the largest work shift. ited to, seeking injunctive relief in a court of (4) Libraries, museums. Offstreet parking competent jurisdiction. spaces equal in area to 50 percent of the (Ord. No. 04-2007, § 2, 6-19-07) floor area open to the public. Editor's note—Ord. No. 04-2007, § 2, adopted June 19, 2007,added§§110-485 and 110-486 to the Code.Inasmuch as (5) Manufacturing and industrial uses. One § 110-485 already existed, the new provisions have been space for each employee on the largest redesignated as§§110-486 and 110-487 at the editor's discre- tion and with the approval of the city. work shift. Sec. 110-487. Rental restrictions on dwell- (6) Medical or dental clinics. Three spaces for ing units. each examination or treatment room plus It shall be unlawful for any person to rent a one space for each employee. dwelling unit for less than seven consecutive days (7) Mortuaries. One space for each five seats in any zoning district, excluding hotels, motels or seating places,exclusive of areas needed under subsection 110-332(4)and resort condomin- for ambulances. iums in the C-1 zoning district. (Ord. No. 04-2007, § 2, 6-19-07) (8) Nursing or convalescent homes and sani- Editor's note—See the editor's note following§ 110-486 tariums. One space for each four patient beds plus one space for each employee on Secs. 110-488-110-490. Reserved. the largest work shift. DIVISION 2. OFFSTREET PARKING* (9) Commercial,office and professional build- ings, excluding medical and dental din- Sec. 110-491. Number of spaces required. ics. One space for each 300 square feet of There shall be provided at the time of the gross floor area. erection or change of use of any main building or (10) Public buildings. One space for each five *Cross references—Requirements for landscape appear- seats or seating places or one space for ance and maintenance,§34-99;buildings and building regu- lations, every 150 square feet of floor area in the ch.82. main assembly room,whichever is greater. Supp.No. 16 CD110:66.3 § 110-491 CAPE CANAVERAL CODE III (11) Residential uses, including single-family, Sec. 110-493. Access. two-family and multiple-family dwellings and mobile homes. Two spaces for each (a) In order to promote the safety of the motor- living unit. ist and the pedestrian and to minimize traffic congestion and conflict by reducing the magni- (12) Colleges,technical and vocational schools. tude of and the points of contact, the following One space for each student and faculty shall apply: member. (1) A point of access (a driveway or other opening for vehicles onto a public street) (13) Hotels and motels. One space for each shall not exceed 24 feet in width, except sleeping unit plus one space for 12 sleep- as otherwise provided in this division. ing units for employee parking. (2) The maximum number of points of access (14) All other uses. To be determined by the permitted onto any one street shall be as building official, who shall use the ratios follows: established in this section as a standard for determining the requirements. Lot Width Number of Points (Code 1981, § 641.01(A)) Abutting Street of Access Less than 125 feet 1 Sec. 110-492. Location of spaces. Over 125 feet 2 provided; however, that a residential lot (a) Parking spaces for all residential uses shall of less than 125 feet may have a circle be located on the same property as the main driveway with two points of access pro- building,except that one-half the total number of vided that it comply with the other terms 110 required spaces for multiple-family dwellings, and conditions of this section. townhouses and mobile homes may be located in a (3) Joint use access between abutting proper- common parking facility not more than 200 feet ties is encouraged and there may be per- distant from the nearest boundary of the site. mitted a single joint use point of access up to 35 feet in width. Service stations shall (b) Parking spaces for other uses shall be pro- be permitted two openings not to exceed vided on the same lot or not more than 500 feet 35 feet each in width along any abutting distant. public street,provided that such property abuts such street for a distance of not less (c) Parking requirements for two or more uses than 120 feet. of the same or different types may be satisfied by (4) There shall be a minimum distance of 30 the allocation of the required number of spaces for feet between any two openings onto the each use in a common parking facility. same street. (d) Required offstreet parking areas for seven (5) No point of access shall be allowed within or more automobiles shall have individual spaces 30 feet of the intersection of the right-of- marked and shall be so designed,maintained and way lines of any public street. regulated that no parking or maneuvering shall (6) No curbs shall be cut or altered and no be on any landscaped buffer,public street,walk or point of access or opening for vehicles onto alley and so that any automobile may be parked a public street shall be established with- and unpacked without moving another, allowing, out a permit issued by the building de- however,a driveway of not more than 24 feet total partment. on any street or alley for ingress or egress to the offstreet parking area. (7) In lieu of any two openings permitted on (Code 1981, § 641.01(B)) any one street, there may be permitted a 4110 Supp.No. 16 CD110:66.4 ZONING § 110-522 single point of access up to 35 feet in DIVISION 4. HOME OCCUPATIONS* width when the property frontage is in excess of 200 feet. Sec. 110-521. Permitted home occupations. (b) Projects for which a site plan is required, Customary home occupations which are inci- such as plaza developments, compound uses and dental to the permitted residential use shall be shopping centers, shall be considered on an indi- allowed in any district which permits home occu- vidual basis and may deviate from this section in pations. the interest of traffic safety, upon recommenda- (Code 1981, § 641.07) tion by the planning and zoning board. (c) One-family, two-family and three-family Sec. 110-522. Requirements. dwelling units shall be exempt from this section. (a) Home occupations are permitted within the (Code 1981,§641.01(C);Ord.No.3-96,§ 1,3-5-96; confines of any dwelling unit,provided all restric- Ord. No. 26-96, § 1, 1-14-97) tions of this section are complied with. Secs. 110-494-110-505. Reserved. (b) The primary use of the building shall re- main residential, and the operator of the home occupation shall remain a resident thereof. DIVISION 3. OFFSTREET LOADING (c) No structural additions, enlargements or Sec. 110-506. Requirements. exterior alterations changing the residential ap- pearance to a business or commercial appearance (a) Every permitted use requiring the receipt shall be permitted. or distribution by vehicles of materials or mer- chandise and having a floor area of 10,000 square (d) No home occupation shall occupy an area feet or more shall have at least one permanently greater than 25 percent of the first floor area of maintained offstreet loading space for each 10,000 the dwelling unit, exclusive of the area of any square feet or fraction thereof of gross floor area. open porch or attached garage or similar space not suited or intended for occupancy as living (b) Single-occupancy retail operations, whole- quarters. No rooms which have been constructed sale operations and industrial operations with a as an addition to the residence or any attached gross floor area of less than 10,000 square feet garage or porch which has been converted into shall provide sufficient receiving space on the living quarters shall be considered as floor area property so as not to hinder the movement of until two years after the date of completion thereof. vehicles and pedestrians over a sidewalk, street or alley. (e) No additional and separate entrance incon- (Code 1981, § 641.03(A)) gruent with the residential structural design shall be constructed for the purpose of conducting the Sec. 110-507. Location and dimensions of home occupation. space. (f) The home occupation shall be conducted Each offstreet loading space shall have direct entirely within the dwelling unit used as the access to an alley or street and shall have the residence. following minimum dimensions: (g) For single-family,duplex or townhouse struc- (1) Length, 45 feet. tures, no display of goods or external evidence of the home occupation shall be permitted other (2) Width, 12 feet. than one nonilluminated nameplate, not exceed- (3) Height, 14 feet. ing two square feet in area, which may be dis- (Code 1981, § 641.03(B)) played affixed flat against the exterior surface at Cross reference—Occupational license tax, § 70-66 et Secs. 110-508-110-520. Reserved. seq. Supp.No. 16 CD110:66.5 § 110-522 CAPE CANAVERAL CODE • a position not more than two feet distant from the DIVISION 5. SETBACKS main entrance of the dwelling unit concerned.For structures housing multifamily or mixed uses, no Sec. 110-536. Building setback lines. external evidence of the home occupation shall be (a) The following shall be the minimum build- permitted. ing setback lines along the listed roads: (h) No provision for offstreet parking or load- (1) Highway AlA (portions known as North ing facilities, other than the requirements of the Atlantic Avenue and Astronaut Boule- district in which the use is located, shall be vard). Setback, each side,from the north- permitted. Occupations which generate greater ern city boundary to the southern city volumes of traffic than would normally be ex- boundary shall be 50 feet from the high- pected in a residential neighborhood are prohib- way right-of-way. ited. (2) North Atlantic Avenue (that portion of North Atlantic Avenue also known as Palm (i) No stock in trade or commodities, other Avenue and S.R.401). Setback,each side, than those prepared, produced or created on the from its intersection with Monroe Avenue premises by the operator of the home occupation, to the northern city boundary shall be 50 shall be kept or sold on the premises. feet from the right-of-way. (3) Ridgewood Avenue. Setback, each side, (j) No motor power other than electric motors from the southern city boundary to the shall be used in conjunction with a home occupa- northern city boundary of Ridgewood Av- tion. The total horsepower of such motors shall enue shall be 25 feet from the right-of- not exceed three horsepower or one horsepower way. for any single motor. (b) On the Atlantic Ocean, the setback shall110 comply with the coastal construction setback. See (k) No equipment or process shall be used in a section 82-81 et seq. home occupation which creates noise, vibration, glare, fumes or odors, detectable to the normal (c) In determining the setback requirements senses off the lot. No equipment or process shall for any building proposed to be erected, the set- be used which creates visual or audible interfer- back requirements in this section shall be con- ence in any radio or television receiver or causes strued as a minimum setback, and if a greater fluctuation in line voltage outside the dwelling setback is required under any of the zoning dis- unit.No home occupation shall interfere with the tricts such greater setback requirements shall be reasonable enjoyment of adjoining or nearby dwell- enforced. ing units or properties. (Code 1981, § 641.17) (Code 1981, § 641.09) Cross reference—Building code,§82-31 et seq. Sec. 110-537. Erection of more than one prin- Sec. 110-523. Local business tax receipt re- cipal structure on lot. quired. (a) In any district, except R-1, more than one structure housing a permitted or permissible prin- Permitted home occupations shall comply with cipal use may be erected on a single lot, provided the city local business tax levied pursuant to that this division and other requirements of this section 70-66 et seq. chapter shall be met for each structure. (Code 1981, § 641.11; Ord. No. 02-2007, § 9, 2-20-07) (b) The distance between buildings shall be as follows: (1) Twenty feet for first two stories; Secs. 110-524-110-535. Reserved. (2) Twenty-five feet for first three stories; • Supp.No. 16 CD110:66.6 ZONING § 110-550 1110 (3) Thirty feet for first four stories; and (9) No required setback or landscape buffer shall be used for any parking space or (4) Two additional feet for each story above backout area, except as specified in sub- four. sections (7), (8) and (11) of this section. (Code 1981, § 641.19) (10) Open,enclosed porches,platforms or paved Sec. 110-538. Encroachments. terraces not covered by a roof or a canopy and which do not extend above the level of Every part of every required setback shall be the first floor of the building may extend open and unobstructed from the ground to the or project into the required setback. sky,except as follows or as otherwise permitted in (11) Primary parking may be located in a this chapter: required front setback for multiple-family dwellings. (1) Sills or belt courses may project not over 18 inches into a required setback. (12) Signs for on-site advertising shall be in conformance with chapter 94 pertaining (2) Movable awnings may project not over to signs. three feet into a required setback. (13) Roof overhangs (eaves) may project not (3) Chimneys, fireplaces or pilasters may over two feet into a required setback. project not over two feet into a required (14) Air conditioner units may project not over setback. five feet into a required rear setback. (4) Fire escapes,stairways and balconies which (15) Emergency pad-mounted generators as are unroofed and unenclosed may project provided for in section 110-484. 110 not over five feet into a required rear (16) Conveyor systems may be located within setback or not over three feet into a side setbacks in the M-1 light industrial and setback and shall not project into a re- research and development district by spe- quired front setback of a multiple dwell- cial exception, for purposes of moving ing, hotel or motel. aggregate and other materials. (5) Hoods, canopies or marquees may project (Code 1981, § 641.21; Ord. No. 15-2005, § 2, not over three feet into a required set- 9-20-05; Ord. No. 16-2005, § 2, 10-4-05) back. Secs. 110-539-110-550. Reserved. (6) Fences,walls and hedges shall be permit- ted in the required setback,subject to this chapter. (7) Parking may be located in a required front or rear setback for single-family and two-family dwellings. (8) In the commercial and industrial zoning districts, with the exception of any prop- erty abutting State Highway AlA and located north of the existing centerline of Central Boulevard,required offstreet park- ing spaces may be permitted within ten feet of the front lot line. Parking may be permitted on a required side setback on a 41) corner lot in the commercial zoning dis- trict. Supp.No. 16 CD110:66.7 CODE COMPARATIVE TABLE 0 Ordinance Adoption Section Number Date Section this Code 24-2003 9- 2-03 2 Added 34-42,34-43 Dltd 34-66-34-69 25-2003 9- 2-03 2 34-176 Added 34-181(b) 26-2003 9- 2-03 2 Added 54-4 27-2003 11-18-03 2 Added 115-1-115-13 29-2003 9-16-03 2 74-57 33-2003 10- 7-03 2 62-9-62-11 34-2003 10-21-03 2 110-469 35-2003 10-21-03 2 Added 110-223(g) Rltd (g)—(i) as (h)--(j) Added 110-223.5 36-2003 10-21-03 2 110-171 37-2003 10-21-03 2 Added 110-321 38-2003 10-21-03 2 Added 2-300 39-2003 11-18-03 2 22-46 41-2003 12-16-03 2 Added 110-196 Rnbd 110-196, 110-197 as 110-197, 110-198 01-2004 3- 2-04 2 Added 82-400 02-2004 3- 2-04 2 110-1 Added 110-352(9) 04-2004 3-16-04 2 Added 10-200-10-203 05-2004 4- 6-04 2 38-81,38-82 0 06-2004 4-20-04 2 Added 2-280-2-291 07-2004 4-20-04 2 78-27,78-31 78-24,78-35 Rpld 78-39 08-2004 5- 4-04 2 110-352(9) 09-2004 5-18-04 2 Added 82-375-82-386 11-2004 6-15-04 2 78-131,78-153 78-291,78-192 78-194(c),78-195(b), (c) 12-2004 7- 6-04 2 80-3,80-5 Rpld 80-30 13-2004 7-20-04 2A Rpld 10-86-10-177 3 Added 10-86-10-132 4 110-352(7) 17-2004 10- 5-04 2 Added 26-5 18-2004 10- 5-04 2 Added 2-207 20-2004 11-16-04 2 Added 2-171(p) 21-2004 11-16-04 2 54-2 22-2004 11-16-04 2 62-1 62-9(c) Added 62-12(b) Rltd (b) as (c) 01-2005 2- 1-05 Dltd 40-27-40-30 03-2005 4- 5-05 2 110-223(f),(g) Added (h) Rltd (h)--(j) as (i)—(k) Dltd 110-233.5 05-2005 4-19-05 2 102-36-102-50 0 Added 102-51-102-54 Supp.No. 16 CCT:19 CAPE CANAVERAL CODE 0 Ordinance Adoption Section Number Date Section this Code 110-566, 110-567 Dltd 110-568 11-2005 6-21-05 2 Dltd 58-26(a) 58-34,58-36 Added 110-2, 110-3 110-26, 110-29- 110-32 Added 110-36-110-40 Dltd 110-46-110-48 110-61, 110-62 110-136-110-139 12-2005 10- 4-05 2 82-31,82-88 82-89 Rpld 82-116,82-146 82-171,82-196 82-233 13-2005 8- 2-05 2 50-4 14-2005 9- 6-05 2 Added 2-70 15-2005 9-20-05 2 Added 110-484 Added 110-538(15) 16-2005 10- 4-05 2 Added 110-354(cX16) 110-538(16) 21-2005 1- 3-06 1 102-37(e) 102-38(bXl) Added 102-40.5 02-2006 3-21-06 2 110-87 110-88(b) 0 110-91 110-92(a),(c) 110-106(a) 110-107(a),(b) 110-108 03-2006 6-20-06 2 110-171(aX2)c.2. Added 110-172 04-2006 6-20-06 2 110-332(4) 3 110-171(aX2)b. 05-2006 6-20-06 2 110-121 07-2006 6-20-06 2 98-46,98-47 3 110-222(1)g. 08-2006 6-20-06 2 26-3 Dltd 26-4 09-2006 6-20-06 2 Added 6-53 11-2006 10- 3-06 2 110-334(cX10 17-2006 10-17-06 2 110-191-110-198 Added 110-199, 110-200 20-2006 12- 5-06 2 Added 86-21-86-30 23-2006 1- 2-07 2 110-171(aX10 24-2006 1- 2-07 2 110-336(1)a. 01-2007 2-20-07 2 110-1 Dltd 110-354(cX6),(11) Rnbd (7)—(10),(12)—(16) as (6)—(14) Added 110-485 3 110-331 110-351 110-380 02-2007 2-20-07 2 Ch. 70,Art. III title 0 Supp.No. 16 CCT:20 CODE COMPARATIVE TABLE 0 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(dX1)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 0 Added 110-332(15) Added 110-486, 110-487 0 Supp.No. 16 CCT:21 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 FS. Section Section this Code Section this Code 1.01 1-2 162.21(6) 2-287(e) 34.191 Ch. 50 162.22 10-92 ch.50 2-288 ch. 163 58-56 50.041 2-288 110-37(a) 50.051 2-288 163.3161-163.3211 58-57 chs.97-106 Char.Art. III 163.3174 58-56 Char.Art.XXI 163.3178 82-93 Ch.26 163.3180(12) 86-22 26-1 86-26 97.041 Char.Art.XXI,§2 163.3180(16) 86-21 98.041 Char.Art.XXI,§2 163.3180(16Xb)1 86-23 Char.Art.XXI,§9 163.3180(16Xe) 86-25 98.041 et seq. Char.Art.XXI,§2 163.3220 86-2 100.361 Char.Art.XXI, ch. 166 Char.Art.I,§3 §§ 10, 11 Char.Art.II 101.161 Char.Art.XXI, § 16 Char.Art.II, § 1 41) 101.657 26-5 Char.Art.XIII,§§ 1,2 112.061 2-300 Char.Art.XIII,§§4-6 112.311 et seq. Char.Art.XXIV, Char.Art.XV, §2 § 13 Char.Art.XVI,§ 1 112.3135 Char.Art.XXIV,§8 Char.Art.XVII,§ 1 112.3143 2-67 Char.Art.XVII,§§3-6 ch. 119 78-98 Char.Art.XVII,§§8,9 119.011 2-116 Char.Art.XX 119.021 2-116 Char.Art.XXI,§2 161.041 82-85 Char.Art.XXII 161.053 Ch. 14,Art.III Char.Art.XXIV,§ 1 161.52 et seq. Ch.82,Art.IV Char.Art.XXIV, 161.55(1Xd) 82-94 § 10 82-81 110-37 161.142 Ch. 14,Art. III 110-37(a) 161.161 Ch. 14,Art. III 166.021(5) Char.Art.XIII,§3 161.163 Ch. 14,Art. III Char.Art.XIV, ch. 162 Ch.2,Art.VI §§ 1-3 2-256 Char.Art.XVII,§7 2-258 Char.Art.XVII, 2-260 § 10 2-281 166.021(10) 2-300 2-282 166.04 110-137 10-92 166.041 Char.Art.XXIV,§4 34-42 1-11 82-400(f) 10-87 94-5 110-137(e) 102-37 166.046 App.A,Art.I 162.05 2-257 166.101 Ch.2,Art.V 0 162.09(3) 78-60 166.101 et seq. Cl. 70 Supp.No. 16 SLT:1 CAPE CANAVERAL CODE 0 F.S. Section F.S. Section Section this Code Section this Code 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 0 70-83 489.127(5)(j) 82-384 205.043(2),(3) 70-81 489.127(5Xm) 82-380 205.053 70-75 489.129 82-322 205.053(1) 70-74 489.131(3Xe) 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.517 10-86 ch.252 Ch. 18 ch. 553 Ch.82 ch.280 Char.Art.XVII,§8 82-321 ch.286 Ch.2,Art.II,Div. 3 553.36(12) 82-81 286.011 Char.Art.V,§ 1 110-1 ch. 316 74-1 553.71 82-322 74-63 553.71(7) 82-322 316.194 74-56 553.73(8) 82-400(e) 316.195 34-34 553.77 82-322 316.293 Ch.34,Art.V 553.79 2-286(f) 316.650 Char.Art.XIII,§6 82-322 316.1936 Ch.6,Art. III,Div.2 553.79(7) 82-323 316.1945 74-56 553.80 2-286(1) Ch.318 74-63 553.900 Ch.82,Art.IX 320.823 82-81 556 App.A,art. III, 82-88 § 13.5 Ch.337 66-1 ch.561 6-52 0 Supp.No. 16 SLT:2 STATE LAW REFERENCE TABLE F.S. Section F.S. Section Section this Code Section this Code 6-53 ch.810 80-1 10-108 ch.812 80-1 chs.561-568 110-171(aX2) ch.817 80-1 110-172 ch.826 10-90 ch.561 et seq. Ch.6 10-108 561.01 6-51 ch.827 10-90 561.01(4Xa) 110-1 10-108 ch.562 10-108 839.13 1-13 562.14 6-26,6-27 ch.847 10-90 562.45 6-27 10-169 ch.563 10-108 847.013 10-90 ch.564 10-108 847.0133 10-90 ch.565 10-108 847.0134 10-101 565.02(4) 110-171 ch.849 10-200 ch.633 Ch. 38 870.041 et seq. Ch. 18 633.022 Ch.38,Art.II 877.03 10-86 633.025 Ch.38,Art.II, ch.893Tc10-108 98-114(o) 80-1 633.025(1) 38-26 ch.895 10-108 633.025(3) 38-28 893.13 10-86 658.98 2-206 ch.901 Char.Art.XIII,§4 ch. 705 34-180 901.25 Char.Art.XIII,§5 705.101 et seq. Ch.34,Art.VI h.943 2-284 ch. 718 78-276 943.25(13) 50-3 110 404 768.28 Char.Art.XXIV, § 11, Char.Art.XXIV, § 12 ch.769 10-87 775.082 2-286(e) Ch. 50 50-1 775.083 2-286(e) Ch. 50 50-1 790.15 50-1 ch. 791 Ch.38,Art. IV 791.01 110-1 791.01(4Xb) 38-81 110-1 110-1 ch. 794 10-90 10-108 80-1 ch. 796 10-90 10-108 80-1 ch.800 10-90 10-108 80-1 800.03 10-90 4110 806.111 10-86 Supp.No. 16 SLT:3 CODE INDEX 0 Section Section BIRDS.See:ANIMALS AND FOWL BOATS,DOCKS AND WATERWAYS(Cont'd) Enforcement BLIGHT Area of enforcement 54-48 Property maintenance standards 34-91 et seq. See: PROPERTY MAINTENANCE Means of enforcement 54-49 STANDARDS Penalties 54-55 Exemptions 54-54 BLOCKS Means of enforcement 54-49 Subdivisions Penalties 54-55 Land development code regulations.... 98-1 et seq. Purpose and findings 54-46 See:LAND DEVELOPMENT CODE Speed not to be greater than what is BOARDS, COMMITTEES AND COMMIS- reasonable under the conditions 54-51 SIONS Water safety. See herein: Vessel Control Beautification board 2-181 et seq. and Water Safety See:BEAUTIFICATION BOARD Wetlands protection 106-26 et seq. Board of adjustment 110-2 See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE Zoning regulations Business and cultural development board. 22-26 et seq. Boats,vessels and boat trailers See: BUSINESS AND CULTURAL DE- Living aboard 110-552 VELOPMENT BOARD Living or residing in boats, utility Code enforcement board 2-256 et seq. trailers,recreational vehicles and See: CODE ENFORCEMENT BOARD special purpose vehicles 110-553 Community appearance review board .... 22-36 et seq. Location of 110-551 See:COMMUNITY APPEARANCE RE- Parking and storage 110-554 VIEW BOARD BODIES OF WATER. See: BOATS, DOCKS Construction board of adjustments and ap- AND WATERWAYS peals 82-32 et seq. Building code. See: LAND DEVELOP- BODIES POLITIC AND CORPORATE 41) MENT CODE Persons;definitions and rules of construc- tion extended and applied to 1-2 Delegation of authority Definitions and rules of construction... 1-2 BONDS,SURETY OR PERFORMANCE Joint authority Certain ordinances not affected by Code 1-10(aX2) Definitions and rules of construction... 1-2 Franchise regulations generally.See:FRAN- Library board 46-26 et seq. CHISES(Appendix A) See:LIBRARY Outdoor entertainment permit Planning and zoning board 110-3 Cash cleanup bond 10-64 See:LAND DEVELOPMENT CODE Purchasing regulations 2-218(9) Recreation board 54-26 et seq. Signs See:PARKS AND RECREATION Uniform procedures and requirements2-171 Land development code regulations.... 94-1 et seq. See:LAND DEVELOPMENT CODE BOATS,DOCKS AND WATERWAYS Exhaust of motorboats BOOKS Noises,enumeration of prohibited 34-153(6) Library 46-1 et seq. Flood damage prevention 90-26 et seq. See:LIBRARY See:LAND DEVELOPMENT CODE Land development code regulations re zon- BOTTLED GAS 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 Careful and prudent operation required 54-50 Franchise regulations in general. See: Definitions 54-47 FRANCHISES(Appendix A) Designation of areas of regulated water Land development code regulations re zon- activities 54-52 ing 110-26 et seq. Designating additional areas of regu- See:LAND DEVELOPMENT CODE lated water activities,procedure fa for 54-53 BREVARD COUNTY.See:COUNTY Supp.No. 16 CDi:3 CAPE CANAVERAL CODE Section Section 0 BRIDGES BUILDINGS(Cont'd.) Subdivisions Sanitary sewer system 78-26 et seq. Land development code regulations.... 98-1 et seq. See: SEWERS AND SEWAGE DIS- See:LAND DEVELOPMENT CODE POSAL BRUSH.See:WEEDS AND DEAD VEGETA- Street excavations 66-61 et seq. TION See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS BUDGET Weeds and dead vegetation 34-121 et seq. City manager See: WEEDS AND DEAD VEGETA- Powers and duties 2-101(4) TION City treasurer BULK CONTAINERS Duties 2-141(2) Solid waste 62-1 et seq. BUFFERS AND BUFFERING See:SOLID WASTE Flood damage prevention 90-26 et seq. See:LAND DEVELOPMENT CODE BULKHEADS Tree protection,land clearing 102-36 et seq. Subdivisions See:LAND DEVELOPMENT CODE Land development code regulations.... 98-1 et seq. See:LAND DEVELOPMENT CODE BUILDINGS. See also: LAND DEVELOP- MENT CODE BURGLAR ALARMS.See:ALARM SYSTEMS Beautification board 2-181 et seq. BURNING See:BEAUTIFICATION BOARD Solid waste 62-11(b) Building appearance and maintenance ... 34-98 Building code BURYING/BURIAL Generally 82-31 et seq. Solid waste 62-11(c) Unsafe building abatement code 82-56 et seq. Trash,rubble or other debris 34-41 Buildings and building regulations. See: LAND DEVELOPMENT BUSINESS AND CULTURAL DEVELOP- CODE MENT BOARD 0 Building sewers and connections 78-76 et seq. Advisory capacity 22-34 See: SEWERS AND SEWAGE DIS- Composition 22-28 POSAL Definitions 22-26 Community appearance review board .... 22-36 et seq. Established 22-27 See:COMMUNITY APPEARANCE RE- Indebtedness 22-35 VIEW BOARD Purpose and duties 22-33 Concurrency management 86-1 et seq. See:LAND DEVELOPMENT CODE BUSINESSES Construction noise 34-154 Local business tax 70-66 et seq. Fees schedule in general. See: FEES (Ap- See:TAXATION pendia B) Outdoor entertainment Flood damage prevention 90-26 et seq. Local business tax receipt required.... 10-49 See:LAND DEVELOPMENT CODE Sexually oriented businesses, adult enter- Franchise regulations generally.See:FRAN- tainment establishments CHISES(Appendix A) Local business tax receipts/home occu- Impact fees 2-231 et seq. pations 10-128 See:IMPACT FEES Solicitors,peddlers and itinerant vendors16-26 et seq. Land development code regulations re zon- See: PEDDLERS, CANVASSERS AND ing 110-26 et seq. SOLICITORS See:LAND DEVELOPMENT CODE Solid waste 62-1 et seq. Local planning agency 58-56 et seq. See:SOLID WASTE See:PLANNING AND DEVELOPMENT Old building sewers 78-80 C Permits and miscellaneous fees Fees schedule in general. See: FEES CABLE TELEVISION (Appendix B) Franchise regulation generally.See:FRAN- Plan checking fee CHISES(Appendix A) Fees schedule in general. See: FEES (Appendix B) CALLINGS Public service tax 70-26 et seq. Local business tax 70-66 et seq. See:TAXATION See:TAXATION 0 Supp.No. 16 CDi:4 CODE INDEX 410 Section Section CAMPING CITY ATTORNEY Sleeping and camping in public areas and Council beaches 50-4 Attendance at meetings 2-127 Duties 2-126 CANALS Subdivisions CITY CLERK Land development code regulations.... 98-1 et seq. Duties 2-116 See:LAND DEVELOPMENT CODE CITY COUNCIL CANVASSERS.See:PEDDLERS,CANVASS- City attorney ERS AND SOLICITORS Duties 2-126 City manager CAPE CANAVERAL.See:CITY Powers and duties 2-101(2) CAPITAL EXPANSION PLANS Compensation Impact fee 2-237 Established for councilmembers other than mayor 2-41 CAPITAL EXPANSION TRUST FUND Mayor,established for 2-42 Impact fees 2-236 Definitions and rules of construction 1-2 Election 2-26 CARS.See:MOTOR VEHICLES AND TRAF- Eminent domain powers re economic devel- FIC opment 2-70 CAUSES Library board Effect of repeal of ordinances 1-9(b) Repot to 46-32 Mayor CEMETERIES Compensation established for 2-42 Parks and recreation areas 54-1 et seq. Meetings See:PARKS AND RECREATION Adjournment 2-69 Adoption of motion 2-67 CERTIFICATES OF OCCUPANCY 0 Land development code regulations re zon- ing 110-26 et seq. City attorney to attend 2-127 See:LAND DEVELOPMENT CODE Consideration of matters before council 2-66 General discussion 2-68 Sewer impact fee requirements 78-125 Minutes 2-65 CHARTER Ordinances and resolutions Definitions and rules of construction 1-2 Preparation prior to meeting 2-59 Parliamentary procedure 2-61 CITY Preparation and notice of agenda 2-60 Abandoned property Presiding officer 2-62 Compliance with notice or order to re- Regular meetings 2-56 move; removal by city upon non- Sergeant at arms 2-63 compliance 34-184 Special meetings 2-57 Disposition of property removed by city 34-186 Workshop meetings 2-58 Notification of owner following removal Ordinances and resolutions by city 34-185 Preparation prior to meeting 2-59 Redemption prior to sale by city 34-187 Regular meetings 2-56 Corporate limits Special meetings 2-57 Definitions and rules of construction... 1-2 Uncontested elections 2-27 Definitions and rules of construction 1-2 Workshop meetings 2-58 Flood damage prevention 90-26 et seq. See:LAND DEVELOPMENT CODE CITY ENGINEER Franchise regulations in general. See: Duties 2-151 FRANCHISES(Appendix A) CITY MANAGER Library board Acting city manager 2-102 Liability of city limited 46-31 Civil emergencies Solid waste Persons authorized to declare 18-2 Authority of city to collect 62-3 Powers and duties 2-101 Ownership by city 62-4 Street excavations CITY TREASURER Authority of city 66-64 Duties 2-141 410 City's right to restore surface 66-69 Fees schedule in general. See: FEES (Ap- Liability of city 66-62 pendix B) Supp.No. 16 CDi:5 CAPE CANAVERAL CODE Section Section 0 CIVIL EMERGENCIES CODE OF ORDINANCES(Cont'd.) Authority;governor's;president 18-7 Amendments to Code 1-11 Definitions 18-2 Catchlines of sections 1-3 Duration and termination of emergency.. 18-4 Certain ordinances not affected by Code 1-10 Emergency powers and measures 18-3 Chapters or sections,references to 1-5 Persons authorized to declare emergency. 18-2 Code does not affect prior offenses,rights, Sale of goods, services, or materials at etc. 1-8 unconscionable prices 18-5 Definitions and rules of construction 1-2 Violations and penalties 18-6 Effect of repeal of ordinances 1-9 CLERK.See: CITY CLERK General penalty; attorneys'fees and costs 1-15 History notes 1-4 CLUBS How Code designated and cited 1-1 Persons; definitions and rules of construc- Provisions considered as continuation of tion extended and applied to 1-2 existing ordinances 1-7 COASTAL CONSTRUCTION References and editor's notes 1-6 Coastal construction code 82-88 et seq. Severability of parts of Code 1-14 Buildings and building regulations.See: Supplementation of Code 1-12 LAND DEVELOPMENT CODE CODES CODE ENFORCEMENT City election code adopted 26-1 Abandoned vehicles Technical codes.See that subject Code enforcement board hearing proce- dure 34-183 COMMITTEES AND COMMISSIONS. See: Buildings and building regulations BOARDS, COMMITTEES AND COM- Citations; unlicensed contractors; fail- MISSIONS ure to obtain building permit 82-375 et seq. Citations(code enforcement) COMMUNICATION SERVICES Applicable codes, ordinances; class vio- Franchise regulations in general. See: lotion 2-283 FRANCHISES(Appendix A) 41110 Citation powers;personal investigation; Outdoor entertainment permit require- reasonable cause 2-285 ments 10-62(4) Citation program,authorization of 2-282 Public service tax Classes of violations,penalties 2-291 Generally 70-26 et seq. Definitions 2-281 See:TAXATION Enter upon property,authorization to2-290 Form(citation) 2-288 COMMUNITY APPEARANCE REVIEW Intent;purpose 2-280 BOARD Issuance procedure 2-287 Board Payment of penalty;court hearings 2-289 Established 22-37 Training of code enforcement officers .. 2-284 Membership 22-37 Violation;penalties;general 2-286 Proceedings of the board 22-39 Code enforcement board Qualifications of members 22-37 Created 2-256 Compliance with other code provisions ... 22-41 Liens;application for satisfaction or re- Concept plans 22-45 lease of 2-260 Permits Membership 2-257 Appeals and review 22-46 Powers and duties 2-258 Application criteria 22-44 Responsibilities 2-258 Approval prerequisite for permits 22-40 Violations and penalties Building permits;enforcement 22-47 Prosecution of violations with no trim- Notice of approval or denial 22-43 inal penalty 2-259 Procedure 22-42 CODE OF ORDINANCES* Statement of findings and purpose 22-36 Altering Code 1-13 COMMUNITY DEVELOPMENT *Note—The adoption, amendment, repeal, omissions, effec- Business and cultural development board. 22-26 et seq. tive date,explanation of numbering system and other matters Community appearance review board .... 22-36 et seq. pertaining to the use,construction and interpretation of this Land development code regulations re zon- Code are contained in the adopting ordinance and preface ing 110-26 et seq. which are to be found in the preliminary pages of this volume. See:LAND DEVELOPMENT CODE 4110 Supp.No. 16 CDi:6 CODE INDEX 0 Section Section COMPETITIVE BIDS COURTS Purchasing 2-216 et seq. Code enforcement citations See:PURCHASES AND PURCHASING Payment of penalty;court hearings.... 2-289 COMPREHENSIVE PLAN Costs for police education and training... 50-3 Local planning agency Kelo vs.City of New London court decision Designation of agency,department,com- re economic development and emi- mittee or person to prepare com- nent domain 2-70 prehensive plan 58-58 Land development code regulations re zon- ing 110-26 et seq. CONCURRENCY MANAGEMENT SYSTEM See: LAND DEVELOPMENT CODE Fees schedule in general. See: FEES (Ap- pendix B) CULTURAL DEVELOPMENT. See: BUSI- Land development code regulations 86-1 et seq. NESS AND CULTURAL DEVELOP- See: LAND DEVELOPMENT CODE MENT BOARD Sanitary sewer system 78-26 et seq. CYCLONES See: SEWERS AND SEWAGE DIS- Civil emergencies 18-1 et seq. POSAL See:CIVIL EMERGENCIES CONNECTIONS Sewer connections 78-27 et seq. D See: SEWERS AND SEWAGE DIS- POSAL DANCING AND DANCEHALLS CONSTRUCTION Alcoholic beverage establishments Coastal construction code 82-88 et seq. Nudity on premises 6-27 Buildings and building regulations.See: DEBRIS. See also: SOLID WASTE LAND DEVELOPMENT CODE Burial of debris 34-41 CONTRACTORS 0 Local business tax DEDICATIONS Contractors and subcontractors Land development code regulations re zon- Special requirements for 70-85 ing 110-26 et seq. See: LAND DEVELOPMENT CODE CONTRACTS AND AGREEMENTS Plats or subdivisions Certain ordinances not affected by Code.. 1-10(a) Certain ordinances not affected by Code 1-10(aX12) City attorney Duties 2-126(6) DEEDS Code does not affect prior contracts estab- Certain ordinances not affected by Code.. 1-10(aX2) lishing or occurring 1-8 Franchise agreements 66-1 DELEGATION OF AUTHORITY Franchise regulations in general. See: Definitions and rules of construction 1-2 FRANCHISES(Appendix A) Land development code DENSITY Concurrency management system Land development code regulations re zon- Transportation facility proportionate ing 110-26 et seq. fair-share mitigation program See: LAND DEVELOPMENT CODE Proportionate fair-share agreements 86-28 DEPARTMENTS AND OTHER AGENCIES Purchasing 2-216 et seq. OF CITY.See also:BOARDS,COMMIT- See:PURCHASES AND PURCHASING TEES AND COMMISSIONS Right-of-way use agreements 66-1 Vested rights agreements 115-10 City manager Powers and duties 2-101(6) CORPORATE LIMITS Definitions and rules of construction 1-2 Definitions and rules of construction 1-2 Delegation of authority Definitions and rules of construction... 1-2 COUNCIL.See: CITY COUNCIL Fire department 38-56 et seq. COUNTY See:FIRE PREVENTION Animal control ordinance 14-26 et seq. Joint authority See:ANIMALS AND FOWL Definitions and rules of construction... 1-2 Definitions and rules of construction 1-2 Local planning agency 58-56 et seq. 41) Flood damage prevention 90-26 et seq. See:PLANNING AND DEVELOPMENT See:LAND DEVELOPMENT CODE Police department 42-26 Supp.No. 16 CDi:7 CAPE CANAVERAL CODE Section Section DEVELOPMENT DISTRICTS ELECTIONS Land development code regulations re zon- Certain ordinances not affected by Code.. 1-10(aX16) ing 110-26 et seq. Early voting exemption 26-5 See:LAND DEVELOPMENT CODE Penalties for violations 26-2 DEVELOPMENT.See:PLANNING AND DE- Q Generaperiod 26-3 G VELOPMENT Genera State election code adopted 26-1 DISCHARGES ELECTRICITY Sewers 78-96 et seq. Fees schedule in general. See: FEES(Ap- See: SEWERS AND SEWAGE DIS- pendia B) POSAL Franchise regulations in general. See: DISCRIMINATION FRANCHISES(Appendix A) Cable television franchise. See: FRAN- Public service tax 70-26 et seq. CHISES(Appendix A) See:TAXATION Gas franchise agreement. See: FRAN- Signs CHISES(Appendix A) Land development code regulations94-1 et seq. See:LAND DEVELOPMENT CODE DISTRICTS Land development code regulations re zon- EMERGENCIES ing 110-26 et seq. Civil emergencies 18-1 et seq. See:LAND DEVELOPMENT CODE See:CIVIL EMERGENCIES Emergency pad-mounted generators DRAINS AND DRAINAGE Zoning requirements 110-484 Concurrency management 86-1 et seq. Fire protection services; emergency medi- See:LAND DEVELOPMENT CODE cal services 38-56 Flood damage prevention 90-26 et seq. Flood damage prevention 90-26 et seq. See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE Outdoor entertainment permit require- Franchise regulations in general. See: ments 10-62(1) FRANCHISES(Appendix A) 4111 Sanitary sewer system 78-26 et seq. Purchase 2-221 See: SEWERS AND SEWAGE DIS- Sanitary sewer system POSAL Termination of service and emergency . 78-58 Street excavations 66-61 et seq. Services See: STREETS, SIDEWALKS AND Alarm systems 30-26 et seq. OTHER PUBLIC WAYS See:ALARM SYSTEMS Subdivisions Fees schedule in general. See: FEES Land development code regulations.... 98-1 et seq. (Appendix B) See:LAND DEVELOPMENT CODE Outdoor entertainment permit require- DRUNKS AND DRUNKENNESS ments 10-62(4) Alcoholic beverages 6-1 et seq. Street excavations 66-70 See:ALCOHOLIC BEVERAGES EMINENT DOMAIN DUNES Re economic development 2-70 Parking prohibited 74-59 EMPLOYEES. See: OFFICERS AND EM- Wetlands protection 106-26 et seq. See:LAND DEVELOPMENT CODE PLOYEES ENCROACHMENT E Property maintenance standards 34-91 et seq. See: PROPERTY MAINTENANCE EARTHQUAKES STANDARDS Civil emergencies 18-1 et seq. See:CIVIL EMERGENCIES ENGINEER.See:CITY ENGINEER EASEMENTS ENGINEERS AND ENGINEERING Subdivisions Street excavations Land development code regulations 98-1 et seq. Engineering details 66-66 See:LAND DEVELOPMENT CODE ENGINES ECONOMIC DEVELOPMENT Discharge into open air of exhaust Eminent domain powers of council re 2-70 Noises,enumeration of prohibited 34-153(6) Supp.No. 16 CDi:8 CODE INDEX 0 Section Section ENTERTAINMENT. See: AMUSEMENTS FEDERAL GOVERNMENT AND AMUSEMENT PLACES Federal utilities commission Franchise regulations in general. See: ENVIRONMENT FRANCHISES(Appendix A) Abandoned property 34-176 et seq. Franchise regulations in general. See: See:ABANDONED PROPERTY FRANCHISES(Appendix A) Land development code regulations re zon- Interpret law ing 110-26 et seq. City attorney See:LAND DEVELOPMENT CODE Duties 2-126(3) Lights 34-206 et seq. Vehicles for hire See:LIGHTS AND LIGHTING Application of provisions to vehicle,op- Litter 34-26 et seq. erator regulator by federal govern- See:L1'1.1'ER ment 80-2 Noise 34-151 et seq. See:NOISE FEES Property maintenance standards 34-91 et seq. Alarm systems See: PROPERTY MAINTENANCE Fees charged 30-31 STANDARDS Permit fees 30-27 Sanitary sewer system 78-26 et seq. Certain ordinances not affected by Code.. 1-10(aX7) See: SEWERS AND SEWAGE DIS- Franchise regulations in general. See: POSAL FRANCHISES(Appendix A) Street excavations 66-61 et seq. Impact fees 2-231 et seq. See: STREETS, SIDEWALKS AND See:IMPACT FEES OTHER PUBLIC WAYS Outdoor entertainment permit 10-63 Tree protection,land clearing 102-36 et seq. Sewer fees where owner has private water See:LAND DEVELOPMENT CODE supply 78-154 Weeds and dead vegetation 34-121 et seq. Sexually oriented businesses, adult enter- ", See: WEEDS AND DEAD VEGETA- tainment establishments license TION Annual license fee 10-103 Wetlands protection 106-26 et seq. Application;fee 10-95 See:LAND DEVELOPMENT CODE Solid waste Schedule of fees 62-5 EXCAVATIONS Street excavations permit fee 66-83 Building sewers 78-83 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 Sanitary sewer system 78-26 et seq. charges 80-3 See: SEWERS AND SEWAGE DIS- POSAL FENCES, WALLS, HEDGES AND ENCLO- Street excavations 66-61 et seq. SURES See: STREETS, SIDEWALKS AND Land development code regulations re zon- OTHER PUBLIC WAYS ing 110-26 et seq. See:LAND DEVELOPMENT CODE EXHAUST Signs Discharge into open air Land development code regulations94-1 et seq. Noises,enumeration of prohibited 34-153(6) See:LAND DEVELOPMENT CODE EXPLOSIONS/EXPLOSIVES FINANCES Civil emergencies 18-1 et seq. Building sewers See: CIVIL EMERGENCIES Cost of installation 78-78 Fireworks 38-81 et seq. Certain ordinances not affected by Code.. 1-10(aX2) See: FIREWORKS City treasurer Duties 2-141(1) Court costs for police education and train- F ing 50-3 Franchise regulations in general. See: FALSE ALARMS.See:ALARM SYSTEMS FRANCHISES(Appendix A) Impact fees 2-231 et seq. 0 FALSE STATEMENTS See:IMPACT FEES Receipt application 70-73 Library board expenditures 46-27 Supp.No. 16 CDi:9 CAPE CANAVERAL CODE Section Section 110 FINANCES(Cont'd.) FIRE PREVENTION(Cont'd.) Outdoor entertainment permit require- Land development code;zoning ments 10-62(5) Nonconformities Personal property control 2-207 Intent;rules of interpretation;build- Public service tax 70-26 et seq. ing and fire codes;definitions 110-191 See:TAXATION Life Safety Code Purchasing 2-216 et seq. Adopted 38-28 See:PURCHASES AND PURCHASING Fire inspector 38-29 Quarterly report of income and expendi- Lockboxes required 38-32 tures 2-206 Fire protection services; emergency medi- Sewer impact fees cal services 38-56 Payment 78-122 Fireworks generally 38-81 et seq. Use of funds 78-127 See:FIREWORKS Travel reimbursement policies and proce- Flammable materials and liquids dures 2-300 Storage and dispensing restrictions.... 38-4 FINES, FORFEITURES AND OTHER PEN- ALTIES Hazardous materials and substances Abatement 38-91 Certain ordinances not affected by Code.. 1-10(a)(1) Cleanup 38-91 Code does not affect prior penalties or Cost recovery 38-93 forfeitures incurred 1-8 Definitions 38-90 Effect of repeal of ordinances on penalties Violations and penalties 38-93 incurred 1-9(b) Impact fees generally 2-231 et seq. Franchise regulations in general. See: See: IMPACT FEES FRANCHISES(Appendix A) Inspector General penalty; attorneys'fees and costs 1-15 Florida Fire Prevention Code 38-27 Penalties for specific acts,omissions,viola- Life Safety Code.See herein:Fire Preven- tions,etc.See specific subjects as in- tion Codes dexed Lockboxes Fire prevention code requirements 38-32 FIRE AND RESCUE IMPACT FEES Required 38-32 0 Fees schedule in general. See: FEES(Ap- Outdoor entertainment permit require- pendix B) ments 10-62(4) Private entry gates 38-33 FIRE DEPARTMENT. See: FIRE PREVEN- Safety fees 38-2 TION Smoke detectors to have battery backup 38-7 FIRE LANES Violations and penalties 38-1 Designation of 74-62 Volunteer fire department 38-57 FIRE PREVENTION FIREWORKS Alarm systems generally 30-26 et seq. Application for permit;fees 38-83 See:ALARM SYSTEMS Attending firefighters 38-88 Bottled gas Definitions 38-81 Use restrictions;permit required 38-5 Insurance 38-86 Conformance 38-34 Investigation of applicant; issuance or de- Doors to businesses or public halls 38-6 nial of permit 38-84 Fire chief Operators 38-85 Duties 38-58 Private use, storage, display prohibited; Fire department public displays authorized by permit Fire protection services;emergency med- only 38-82 ical services 38-56 Storage of materials 38-87 Volunteer fire department 38-57 FIRMS Fire inspectors Persons; definitions and rules of construc- Designated as city code inspectors 38-3 tion extended and applied to 1-2 Life Safety Code re 38-29 Fire lanes,designation of 74-62 FLOOD DAMAGE PREVENTION Fire prevention codes Civil emergencies 18-1 et seq. Florida Fire Prevention Code See:CIVIL EMERGENCIES Adopted 38-26 Fees schedule in general. See: FEES(Ap- Inspector 38-27 pendix B) 0 Supp.No. 16 CDi:1O CODE INDEX 41) Section Section FLOOD DAMAGE PREVENTION(Cont'd.) FRANCHISES(Appendix A)(Cont'd.) Generally 90-26 et seq. System upgrade I-8 See:LAND DEVELOPMENT CODE Term of franchise I-17 Land development code regulations re zon- Territorial area involved I-6 ing 110-26 et seq. Electric See:LAND DEVELOPMENT CODE Acceptance by grantee II-2 Wetlands protection 106-26 et seq. Amount of payments by grantee to See:LAND DEVELOPMENT CODE grantor I1-6 FLOODLIGHTS Competition by grantor II-8 Effective date II-12 Outdoor entertainment permit require- Forfeiture II-9 ments 10-62(1) Grant II-1 Spill-over lighting requirements 34-206 et seq. Liability II-4 See:LIGHTS AND LIGHTING Location of facilities II-3 FLORIDA RAILROAD AND PUBLIC UTILI- Monthly payments II-7 TIES COMMISSION Rates,rules and regulations II-5 Franchise regulations in general. See: Repeal of conflicting ordinances H-11 FRANCHISES(Appendix A) Validity II-10 Gas franchise agreement FLORIDA.See:STATE Books and records available to city III-XIV Definitions III-N FORFEITURE.See:FINES,FORFEITURES Design and construction provisions III-XIII AND OTHER PENALTIES Effective date of franchise;term III-VI FOWL.See:ANIMALS AND FOWL Franchise fees III-IX Franchise operation III-VII FRANCHISES(Appendix A) Forfeiture or revocation III-X (Note—Citations herein refer to articles Grant of franchise III-V and sections contained within Appen- Indemnification and hold harmless HI-XII 41) dix A Franchises) Liability and insurance III-XI Cable television franchise Miscellaneous provisions III-XVII Basic service I-26 Preferential or discriminatory practices City rights in franchise I-19 prohibited III-XV City's rights of intervention I-23 Purpose and goals III-III Compliance with applicable laws and Recitals III-I regulations I-5 Service standards III-XVI Conditions of street occupancy I-13 Short title III-II Customer service standards I-9 Transfer of ownership or control III-VIII Definitions I-2 Telephone Emergency use of facilities by city I-10 Company liability:indemnification IV-4 Erection,removal,and common user job Compliance with applicable law and or- poles I-24 dinances IV-3 Forfeiture of franchise I-22 Conditions on street occupancy IV-5 Grant of non-exclusive franchise I-4 Definitions IV-1 Legislative findings I-3 Fees paid by company IV-7 Liability and indemnity provision I-7 Grant of permission IV-2 Maps and additional reports to be filed Limitations on obligations of city IV-10 by grantee I-20 Severability IV-11 Other business activities I-11 Street occupancy,conditions on IV-5 Payment to city I-21 Terms of rights granted IV-9 Preferential or discriminatory practices Transfer of rights granted herein N-6 prohibited I-14 FRANCHISES(Generally) Public service 1-28 Certain ordinances not affected by Code.. 1-10(aX4) Quality of service 1-27 Franchise regulations in general. See: Removal of facilities upon request I-15 FRANCHISES(Appendix A) Re-regulation I-25 Streets,sidewalks and other public ways Restrictions on assignment,transfer,sale Franchise agreements 66-1 and subleasing I-16 Safety requirements I-12 FRAUD 4111 Severability I-29 Solicitors, peddlers and itinerant mer- Short title I-1 chants 16-30 Supp.No. 16 CDi:11 CAPE CANAVERAL CODE Section Section 0 F.S.(Florida Statutes) HAZARDOUS MATERIALS AND SUB- Definitions and rules of construction 1-2 STANCES Fire prevention regulations re 38-90 et seq. FUEL GAS. See:GAS See: FIRE PREVENTION FUEL OIL Solid waste generally 62-1 et seq. Public service tax 70-26 et seq. See: SOLID WASTE See:TAXATION Specifically 62-11(d) HEALTH AND SANITATION G Abandoned property 34-181 et seq. See:ABANDONED PROPERTY GARAGE SALES Local planning agency 58-56 et seq. Land development code regulations re zon- See:PLANNING AND DEVELOPMENT ing 110-26 et seq. Outdoor entertainment permit require- See:LAND DEVELOPMENT CODE ments 10-62(1) Sanitary sewer system 78-26 et seq. GARBAGE AND TRASH.See:SOLID WASTE See: SEWERS AND SEWAGE DIS- POSAL GAS Solid waste 62-1 et seq. Franchise regulations in general. See: See:SOLID WASTE FRANCHISES(Appendix A) Tree protection,land clearing 102-36 et seq. Public service tax 70-26 et seq. See:LAND DEVELOPMENT CODE See:TAXATION Weeds and dead vegetation 34-121 et seq. GENDER See: WEEDS AND DEAD VEGETA- Definitions and rules of construction 1-2 TION HEIGHT GENERATORS Land development code regulations re zon- Emergency pad-mounted generators ing 110-26 et seq. Zoning requirements 110-484 See:LAND DEVELOPMENT CODE GIFTS HOME OCCUPATIONS 4110 Purchasing procedure 2-226(b) Construction noise 34-154 GLASS CONTAINERS Land development code regulations re zon- ing 110-26 et seq. Park and recreation prohibitions 54-1 See:LAND DEVELOPMENT CODE GRADES AND GRADING Sexually oriented businesses, adult enter- Concurrency management 86-1 et seq. tainment establishments See:LAND DEVELOPMENT CODE Local business tax receipts/home occu- Flood damage prevention 90-26 et seq. pations 10-128 See:LAND DEVELOPMENT CODE HOOTING Street excavations 66-61 et seq. Noises,enumeration of prohibited 34-153(4) See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS HORNS Street grades Noises,enumeration of prohibited 34-153(1) Certain ordinances not affected by Code 1-10(a)(10) HOUSING Tree protection,land clearing 102-36 et seq. See:LAND DEVELOPMENT CODE Flood damage prevention 90-26 et seq. See:LAND DEVELOPMENT CODE GUTTERS Land development code Litter,sweeping into gutters prohibited... 34-31 Zoning Rental restrictions on dwelling units 110-487 H Resort dwellings; resort condomini- ums;nonconforming use status, HANDBILLS expiration 110-486 Litter regulations 34-51 et seq. Property maintenance standards 34-91 et seq. See:LITTER See: PROPERTY MAINTENANCE STANDARDS HARASSMENT Public service tax Solicitors and itinerant merchants Generally 70-26 et seq. Harassment prohibited 16-28 See:TAXATION 0 Supp.No. 16 CDi:12 CODE INDEX 4110 Section Section HURRICANES INSPECTIONS(Cont'd.) Civil emergencies 18-1 et seq. Vehicles for hire,mechanical inspections.. 80-76(d) See:CIVIL EMERGENCIES INSURANCE AND INSURANCE COMPA- I NIES Fireworks 38-86 IMPACT FEES Franchise regulations in general. See: Capital expansion plans 2-237 FRANCHISES(Appendix A) Capital expansion trust funds Outdoor entertainment permit require- Collection;deposit 2-236(b) ments 10-62(9) Established 2-236(a) Signs Use 2-236(c) Land development code regulations.... 94-1 et seq. Certain ordinances not affected by Code 1-10(aX18) See: LAND DEVELOPMENT CODE Exemptions 2-232 Vehicles for hire 80-5 Fees schedule in general. See: FEES(Ap- INTERSECTIONS pendia B) Visibility at intersections Land development code Land development code regulations re Concurrency management system Transportation facility proportionate zoning 110-26 et seq. fair-share mitigation program See:LAND DEVELOPMENT CODE Impact fee credit for proportionate INTOXICATING BEVERAGES. See: ALCO- fair-share mitigation 86-27 HOLIC BEVERAGES Levy and purpose 2-231 Partial waiver authorized 2-235 ITINERANT MERCHANTS.See:PEDDLERS, Payment 2-234 CANVASSERS AND SOLICITORS Sanitary sewer impact fees 78-121 et seq. See:UTILITIES J Schedules 2-233 11) Sewers 78-121 et seq. JOINT AUTHORITY See: SEWERS AND SEWAGE DIS- Definitions and rules of construction 1-2 POSAL IMPRISONMENT.See:PRISONS AND PRIS- L ONERS LAND CLEARING IMPROVEMENTS. See: PUBLIC WORKS Tree protection 102-36 et seq. AND IMPROVEMENTS See:LAND DEVELOPMENT CODE INDECENCY AND OBSCENITY LAND DEVELOPMENT CODE Sexually oriented businesses, adult enter- Abandoned signs 94-62(a) tainment establishments 10-86 et seq. Alleys Obscenity;indecent exposure unlawful10-89 Subdivision design standards 98-110 INDIVIDUALS Alterations Persons;definitions and rules of construc- Natural surface waters 90-173 tion extended and applied to 1-2 Appeals and arbitrations Concurrency management 86-3 INSPECTIONS Area Building inspection service 82-21 Subdivisions 98-5 Building sewers Zoning requirement 10-336 et seq. Notice for 78-79 See within this title:Zoning Code enforcement citations Areas of shallow flooding(AO zones) Enter upon property,authorization to2-290 Flood hazard standards 90-68 Flood damage prevention 90-26 et seq. Automotive service station See:LAND DEVELOPMENT CODE Signs Reinspection fees Automotive service station allowed Fees schedule in general. See: FEES by special exception in C-1 zon- (Appendix B) ing district 94-101 Signs Awnings and canopies 94-82 Land development code regulations.... 94-1 et seq. Billboards 94-80 0 See:LAND DEVELOPMENT CODE Blocks Street excavations 66-63 Subdivision design standards 98-106 Supp.No. 16 CDi:13 CAPE CANAVERAL CODE Section Section 0 LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) Boundary line survey Purpose 82-366 Subdivisions 98-93 System established; incorporation of Bridges map 82-367 Subdivisions Permit intent 82-14 Design standards 98-116 Permitting and inspection 82-13 Buffers Proof of competency 82-1 Protection of trees and vegetation of Property maintenance code, interna- buffers 102-41 tional Building official Adopted 82-221 Signs,inspection by 94-36 Public right-of-way 82-19 Buildings and building regulations Records 82-6 Additional data 82-16 Restrictions on employees 82-5 Building code,Florida Revocation of permits 82-11 Adopted 82-31 Right of entry 82-9 Appeals 82-33 Schedule of permit fees 82-15 Establishment of construction board Special foundation permit 82-18 of adjustment and appeals 82-32 Stop work orders 82-10 Procedures of the board 82-34 Tests 82-22 Building department 82-3 Unsafe building abatement code, stan- Employee qualifications 82-4 dard Citations; unlicensed contractors; fail- Adopted 82-56 ure to obtain building permit Unsafe buildings or systems 82-12 Administrative hearings; accrual of Bulkheads and retaining walls penalties 82-383 Subdivision design standards 98-118 Appeals of code enforcement board Burials decisions 82-384 Stormwater management Citation form 82-378 Bury inspections 90-195(2) Construction contracting violations, C-1 Low Density Commercial District.See citation authorized for 82-377 also herein:Zoning41) Correction of violation; payment of Signs in 94-99 penalty;notice of hearing 82-382 C-2 Low Density Commercial District.See Findings 82-376 also herein:Zoning Intent;purpose 82-375 Signs in 94-99 Notices 82-386 Canals Penalty 82-379 Subdivision design standards 98-117 Recording code enforcement board or- Certificate of completion ders 82-385 Subdivisions 98-83 Refusal to sign citation 82-380 City Stop work 82-381 Stormwater management master plan, Coastal construction code compliance with city plan 90-164 Structural requirements for major Subdivisions,review of preliminary plat 98-45 structures 82-88 Civil penalties Design conditions 82-89 Tree protection,land clearing 102-37 Concurrency management Coastal construction code 82-88 et seq. Generally 86-1 et seq. See herein:Buildings and Building Reg- See herein: Concurrency Manage- ulations ment Coastal high hazard areas(V zones) Existing building inspections 82-20 Flood hazard regulations 90-65 General 82-8 Codes.See also herein:Buildings and Build- Hazardous occupancies 82-17 ing Regulations Inspection service 82-21 Building code 82-31 et seq. Liability 82-7 Coastal construction code 82-88 et seq. Local business tax receipt required for Property maintenance code 82-221 et seq. contractors 82-2 Unsafe building abatement code 82-56 et seq. Numbering of buildings and property Compliance certification Administration 82-368 Expiration of concurrency compliance Assignment of numbers 82-369 certification 86-9 Numbering multiple-family structures 82-370 Concurrency management system Posting and specifications of numbers 82-371 Appeals 86-3 111/ 1 Supp.No. 16 CDi:14 CODE INDEX 0Section Section LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) Application for concurrency evaluation. 86-5 Stormwater management Concurrency evaluation finding of defi- Construction methods and materials 90-180 ciency 86-7 Subdivisions 98-66 et seq. Conditional approval of development or- See herein: Subdivisions ders or permits Control elevation Building permit 86-12(2) Stormwater management 90-181 Subdivision plats and site plans .... 86-12(1) Corner lots Criteria for evaluation of levels of ser- Signs 94-64(c) vice of public facilities County Building permits of insignificant im- Stormwater management master plan, pact 86-6(1) compliance with county 90-164 Drainage facilities 86-6(7) Criminal penalties Parks and open space 86-6(6) Tree protection, land clearing 102-38 Potable water facilities 86-6(4) Decision making Sanitary sewer facilities 86-6(3) Concurrency evaluation, responsibility Solid waste facilities 86-6(5) for decision making in 86-4 Transportation facilities 86-6(2) Dedication Cumulative level-of-service records 86-10 Stormwater management 90-191 Decision making in concurrency evalua- Deposit tion,responsibility for 86-4 Political signs 94-78(e) Definitions 86-2 Design standards Duration concurrency compliance certi- Stormwater management 90-161 et seq. fication after issuance of develop- See herein: Floods ment permit Subdivisions 98-106 et seq. Commercial, industrial or multifam- See herein: Subdivisions ily developments 86-8(4) Detention and retention areas Individual single-family development 86-8(3) Banks of 90-172 41111 Residential subdivision or phase or Configuration of shoreline of 90-174 unit thereof, including planned Stormwater management 90-162 unit development 86-8(2) Development Site development plan approval 86-8(1) Concurrency management Expiration of concurrency compliance Generally 86-1 et seq. certification 86-9 See herein: Concurrency Manage- Operating systems,procedure and task ment Concurrency monitoring 86-11(b) Districts Measuring potential impacts 86-11(c) Political signs 94-78(f) Overall concurrency management... 86-11(a) Zoning districts. See herein:Zoning Purpose and intent 86-1 Drainage Transportation facility proportionate fair- Concurrency management share mitigation program Generally 86-1 et seq. Applicability 86-22 See herein: Concurrency Manage- Application process 86-25 ment Appropriation of fair-share revenues 86-29 Stormwater management Cross jurisdictional impacts 86-30 Compatibility with adjacent systems 90-171 Determining proportionate fair-share Subdivision improvements 98-91 obligation 86-26 Easements General requirements 86-23 Subdivision design standards 98-108 Impact fee credit for proportionate Elevation,floodproofing and siting fair-share mitigation 86-27 Subdivision improvements 98-88 Intergovernmental coordination 86-24 Final acceptance of work Proportionate fair-share agreements 86-28 Subdivisions 98-94 Purpose and intent 86-21 Flashing signs prohibited 94-6(d) Vested rights 86-13 Flood damage prevention 90-26 et seq. Conservation See herein: Floods Water conservation 90-176 Floodplain protection 90-91 et seq. Construction See herein: Floods Coastal construction code 82-88 et seq. Floods 0 See herein: Buildings and Building Flood damage prevention Regulations Abrogation and greater restriction .. 90-33 Supp. No. 16 CDi:15 CAPE CANAVERAL CODE Section Section 0 LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) Administrator Banks of detention and retention Designation of 90-46 areas 90-172 Duties and responsibilities of 90-47 Best management practices 90-163 Areas of special flood hazard Certification 90-169 Applicability of provisions 90-30 Compatibility with adjacent drain- Basis for establishing 90-31 age system 90-171 Compliance with provisions 90-32 Compliance with county or city Definitions 90-26 stormwater management Development permit master plan 90-164 Establishment of 90-48 Configuration of shoreline of deten- Procedures 90-49 tion and retention areas .... 90-174 Findings of fact 90-27 Configurations creating stagnant Flood hazard reduction water conditions 90-166 Coastal high hazard areas(V zones) 90-65 Conformance to standards 90-161 Elevated buildings 90-62(d) Construction methods and materi- Floodways 90-64 als 90-180 General standards 90-61 Control elevation 90-181 Generally 90-62(a) Detention and retention system .. 90-162 Manufactured homes and recre- Directing runoff 90-165 ational vehicles,standards for 90-63 Discharge volumes,notification of 90-179 Nonresidential construction 90-62(c) Native vegetation buffers 90-177 Residential construction 90-62(b) Natural surface waters used as sed- Streams without established base iment traps 90-175 flood elevation and floodways, Phased developments 90-178 standards for 90-66 Proper functioning 90-168 Interpretation 90-34 Surface water channeled into san- Objectives 90-29 itary sewers 90-170 Penalties for violation 90-36 Water reuse and conservation.... 90-176 Statement of purpose 90-28 Enforcement and penalties 90-120 41) Subdivision proposals, standards for 90-67 Maintenance Areas of shallow flooding (AO Applicant as acceptable entity90-192(c) zones),standards for 90-68 Dedications 90-191 Variance procedure 90-50 Failure to maintain 90-194 Warning and disclaimer of liability.. 90-35 Inspection 90-195 Floodplain protection Maintenance by approved entity Definitions 90-91 Acceptable responsible entity.. 90-192(a) Development in designated floodplains 90-93 Phased projects 90-192(b) Prohibited uses 90-94 Plan for operation and mainte- Purpose and intent 90-92 nance program 90-193 Maintenance Performance standards Stormwater management 90-191 et seq. Computation 90-146 See within this subheading: Rainfall intensity 90-147 Stormwater Management Water quality requirements 90-149 Performance standards Water quantity requirements 90-148 Stormwater management 90-146 et seq. Permit See within this subheading: Application Stormwater Management Information required 90-134 Permits Plan required 90-133 Stormwater management 90-131 et seq. Exemptions 90-132 See within this subheading: Required 90-131 Stormwater Management Previous approvals,standards of90-119 Stormwater management Purpose and intent 90-117 Definitions 90-116 Relationship to other stormwater man- Design standards agement requirements 90-118 Accommodation of stormwaters Variances 90-121 onsite and offsite 90-167 Grading code. See herein: Excavation and Alteration of natural surface wa- Grading Code ters 90-173 Ground signs 94-64(f) 41) Supp.No. 16 CDi:16 CODE INDEX Section Section LAND DEVELOPMENT CODE(Cont'd.) Hardship variances Subdivisions 98-4(a) Hazardous signs 94-62(b) Height Signs 94-64(e) Home occupation signs 94-83 Ingress or egress Signs,obstruction of 94-6(b) Inspections Signs Generally 94-36,94-37 Inspection by building official 94-36 Stormwater management 90-195 Subdivisions 98-80 et seq. See herein:Subdivisions Land clearing Tree protection 102-36 et seq. See herein:Tree Protection Landscaping List of recommended landscaping plants 102-44 Lights and lighting Signs 94-63 Location Measurements Signs 94-64(e) Political signs 94-78(c) Lots Subdivision design standards 98-107 M-1 Light Industrial and Research and Development District.See also herein: Zoning Signs 94-99 Maintenance Stormwater management 90-191 et seq. See herein:Floods 410 Supp.No. 16 CDi:16.1 • l� u • 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 ments 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 110-3M Townhouses 110-372 Special exceptions permissible by Atomic energy uses 110480 board of adjustment 110-383 Board of adjustment 110-2 Campingequipment See also herein: Variances, Special p Exceptions,Administrative Ap Location of 110-551 peals Camping equipment,boats and boat trail- Boats and boat trailers ers,location of 110-551 Living aboard 110-552 Certificate of occupancy Location of 110-551 Hotels and motels 110-122 Bonding Required 110-121 Residential planned unit develop- Commercial districts menta 110 407 C-1 Low Density Commercial District 110-331 et seq. Boundaries See within subheading. C-1 Low Reconsideration of district boundary Density Commercial District changes 110-139 C-2 Commercial/Manufacturing Dis- 0 for interpretation of district 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 110406 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 110476 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. 1111 Principal uses and structures 110-332 See within subheading. R-1 Low Prohibited uses and structures 110-335 Residential District Supp.No. 16 CDi:21 CAPE CANAVERAL CODE Section Section 110 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 Enclosures Development plans Swimming pools 110-582 Residential planned unit develop- Encroachments ments 110-421 et seq. Setbacks 110-328 See within this subheading: Resi- Fences,walls and hedges 110-470 dential Planned Unit Devel- Floor area opments Residential planned unit develop- Development schedule ments,minimum 110-441 0 Townhouses 110-379 Frontage Development standards Residential planned unit develop- Residential planned unit develop- ments 110-439 ments 110-444 Garage sales 110-467 Dimensions Generators C-1 Low Density Commercial District 110-336 Emergency pad-mounted generators. 110-484 M-1 Light Industrial and Research Height and Development District 110-356 District 110-251 Offstreet loading 110-507 Exceptions to regulations 110-471 R-1 Low Density Residential District 110-276 Home occupations R-2 Medium Density Residential Dis- Local business tax receipt required110-523 trict 110-296 Permitted home occupations 110-521 R-3 Medium Density Residential Dis- Requirements 110-522 trict 110-316 Hotels and motels Townhouses 110-372 Certificate of occupancy 110-122 Districts Individually platted lots Annexations, zoning classification of 110-256 Townhouses 110-377 Application of district requirements. 110-249 Industrial districts Conformity 110-250 Landscaping and screening between Dimension or areas reduction below commercial or industrial zoning minimum 110-254 districts and residential zoning Duplicate use of setbacks,open space, districts 110-566 parking space 110-252 M-1 Light Industrial and Research Lot and street requirements for struc- and Development District 110-351 et seq. tures 110-255 See within this subheading: M-1 Official zoning map Light Industrial and Research Adopted 110-246 and Development District Replacement 110-247 Intersections Reconsideration of district boundary Visibility at 110-469 changes 110-139 Interpretation of provisions 110-87 0 Supp.No. 16 CDi:22 CODE INDEX 0 Section Section LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) Land Parking and loading 110-360 Continuance of nonconforming uses Performance standards 110-359 of 110-194 Principal uses and structures 110-352 Landscaping and vegetation Prohibited uses and structures 110-355 C-1 Low Density Commercial District 110-338 Special exceptions permissible by C-2 Commercial/Manufacturing Dis- board of adjustment 110-354 trict 110-387 Maximum use Interior landscaping for offstreet park- District 110-251 ing areas 110-567 Medium density residential district Landscaping and screening between R-2 Medium Density Residential Dis- commercial or industrial zoning trict 110-291 et seq. districts and residential zoning See within subheading: R-2 Me- districts 110-566 dium Density Residential Dis- M-1 Light Industrial and Research trict and Development District 110-358 R-3 Medium Density Residential Dis- Length of structures trict 110-311 et seq. Residential planned unit develop- See within subheading: R-3 Me- ments,maximum 110-440 dium Density Residential Dis- Light industrial districts trict M-1 Light Industrial and Research Mobile home parks and Development District 110-351 et seq. Nonconforming uses 110-192 See within this subheading: M-1 Nonconformities Light Industrial and Research Abandonment 110-197 and Development District Liquefied petroleum gas 110-485 Continuance of nonconforming struc- Loading tures 110-193 M-1 Light Industrial and Research 41) 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 ment,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 0 Landscaping, screening and parking 110-358 R-3 Medium Density Residential Dis- Minimum setbacks 110-357 trict 110-318 Supp.No. 16 CDi:23 CAPE CANAVERAL CODE Section Section 0 LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) Residential planned unit develop- Private roads and other related common ments 110-442 facilities Townhouses 110-374 Residential planned unit develop- Open space ments 110-404 Duplicate use of 110-252 Prohibited uses and structures Parking C-2 Commercial/Manufacturing Dis- C-1 Low Density Commercial District 110-338 trict 110-384 C-2 Commercial/Manufacturing Dis- M-1 Light Industrial and Research trict 110-387, 110- and Development District 110-355 389 R-1 Low Density Residential District 110-275 Certain vehicles 110-554 R-2 Medium Density Residential Dis- M-1 Light Industrial and Research trict 110-295 and Development District 110-358, 110- R-3 Medium Density Residential Dis- 360 trict 110-315 R-3 Medium Density Residential Dis- Public land trict Dedicated 110-476 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 110-296 110 R-3 Medium Density Residential Dis- Accessory uses and structures 110-293 trict 110-312 Area and dimension 110-296 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 Trees Protection of public beach-end park- Townhouses 110-376 ing 110-321 Principal uses and structures Special exception permissible by board C-1 Low Density Commercial District 110-332 of adjustment 110-314 C-2 Commercial/Manufacturing Dis- Recreational vehicles trict 110-381 Location of 110-551 M-1 Light Industrial and Research Regulations pertaining to specific dis- and Development District 110-352 tricts. See within specific districts R-2 Medium Density Residential Dis- as indexed trict 110-292 Rental restrictions on dwelling units... 110-487 1111 Supp.No. 16 CDi:24 CODE INDEX 0 Section Section LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) Repairs and maintenance Rezoning.See herein:Variances,Special Nonconformities 110-198 Exceptions,Rezonings,Administra- Research and development districts tive Appeals M-1 Light Industrial and Research Satellite dishes 110-478 and Development District 110-351 et seq. Schedule of fees, charges and expenses. 110-92 See within this subheading: M-1 Screening Light Industrial and Research C-1 Low Density Commercial District 110-338 and Development District C-2 Commercial/Manufacturing Dis- Residential districts trict 110-387 R-1 Low Density Residential District 110-271 et seq. Commercial or industrial districts110-566 See within subheading: R-1 Low M-1 Light Industrial and Research Density Residential District and Development District 110-358 R-2 Medium Density Residential Dis- Setbacks trict 110-291 et seq. Building setback lines 110-536 See within subheading: R-2 Me- C-1 Low Density Commercial Dis- dium Density Residential Dis- trict, minimum setbacks 110-337 trict C-2 Commercial/Manufacturing Dis- R-3 Medium Density Residential Dis- trict 110-386 trict 110-311 et seq. District 110-251 See within subheading: R-3 Me- Duplicate use of 110-252 dium Density Residential Dis- Encroachments 110-538 trict Erection of more than one principal Residential planned unit developments structure on lot 110-537 Bonding 110-407 M-1 Light Industrial and Research Building permit 110-406 and Development District 110-357 Common open space, drainage sys- R-1 Low Density Residential District, Stems, private roads and other minimum setbacks 110 277 related common facilities 110-404 R-2 Medium Density Residential Dis- Development plans trict 110-297 Application 110-421 R-3 Medium Density Residential Dis- Procedure for approval of final de- trict,minimum setbacks 110-317 velopment plan 110-423 Residential planned unit develop- Procedure for receiving approval of ments 110-439 preliminary development plan Swimming pools, minimum 110-584 and tentative zoning 110-422 Townhouses,minimum setbacks .... 110-373 Enforcement 110-409 Sewage disposal 110-479 Land use regulations Sidewalks Development standards 110-444 Required 110-475 Maximum density 110-437 Signs 94-64(a) Maximum length of structures ... 110-440 Single-family mobile home districts Minimum common recreation and Nonconformities 110-192 open space 110-438 Site plans Minimum floor area 110-441 Criteria required 110-222 Minimum lot area; frontage; set- Expiration 110-224 backs; accessory uses 110-439 Review procedures 110-223 Minimum size 110-436 Submittal and review required 110-221 Offstreet parking 110-442 Special exceptions Preservation of trees 110-445 Alcoholic beverages Underground utilities 110-443 Establishment serving alcoholic Permitted uses 110-403 beverages 110-171 Physical review 110-405 Temporary alcoholic beverage per- Purpose and intent 110-402 mits 110-172 Termination zone 110-408 Structures and uses approved by spe- Residential use antennas 110-478 cial exception 110-161 Resort dwellings; resort condominiums; Variances, special exceptions, rezon- nonconforming use status, expira- ings,administrative appeals.See tion 110-486 herein that subject Supp. No. 16 CDi:25 CAPE CANAVERAL CODE Section Section 0 LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.) Special exceptions permissible by board Intent and purpose 110-26 of adjustment Reconsideration 110-31 C-1 Low Density Commercial District 110-334 Rezonings M-1 Light Industrial and Research Procedure 110-35 and Development District 110-354 Rezoning applicant obligations ... 110-34 R-1 Low Density Residential District 110-274 Special exception R-2 Medium Density Residential Dis- Applicant obligations 110-38 trict 110-294 Procedure 110-39 R-3 Medium Density Residential Dis- Special notice requirements 110-28 trict 110-314 Staff review 110-30 Storing Variances Certain vehicles 110-554 Applicant obligations 110-36 Streets Procedure 110-37 Requirements for structures 110-255 Vegetation.See within this subheading: Structures.See within subheading.Build- Landscaping or Vegetation ings Vehicles and vessels Swimming pools Living aboard boats 110-552 Accessories 110-583 Living or residing in boats, utility Construction and location 110-581 trailers,recreational vehicles and Enclosure 110-582 special purpose vehicles 110-553 Minimum setbacks 110-584 Location of recreational vehicles,camp- Temporary uses ing equipment, boats and boat Nonconformities 110-199 trailers 110-551 Termination zone Parking and storage of certain vehi- Residential planned unit develop- des 110-554 ments 110-408 Paving of vehicular use areas 110-555 lowers Vehicle rental facility 110-556 Wireless communications 110-483 Vehicular use areas,paving of 110-555 Townhouses Vessels.See within this subheading:Ve0 - Area and dimensions 110-372 hides and Vessels Building permit 110-378 Visibility at intersections 110-469 Development schedule 110-379 Water areas 110-474 Individually platted lots 110-377 Width Minimum setbacks 110-373 Courts,minimum width of 110-473 Offstreet parking 110-374 Wireless communications towers and an- Permitted use 110-371 tennas 110-483 Preservation of trees 110-376 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 Alarm systems generally 30-26 et seq. Administrative appeals 110-40 See:ALARM SYSTEMS Appellate review 110-33 Impact fees generally 2-231 et seq. Applications 110-29 See: IMPACT FEES Authority 110-27 Police department 42-26 Due process 110-28 Expiration of variance or special ex- LEASES ception;abandonment 110-32 Certain ordinances not affected by Code.. 1-10(aX2) 4110 Supp.No. 16 CDi:26 CODE INDEX • Section Section LEASES(Cont'd.) LICENSES AND PERMITS(Cont'd.) City attorney Street excavation permit requirements... 66-81 et seq. Duties 2-126(6) See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS LIBRARY Temporary storage units(permit) 82-400 Established 46-1 Tree protection,land clearing 102-39, 102-40 Fees schedule in general. See: FEES(Ap- Vehicles for hire pendia B) Certificate of public convenience and Impact fees generally 2-231 et seq. See: IMPACT FEES necessity license 80-26 et seq. Library board Driver's permit 80-51 et seq. Created 46-26 Licenses and fees to be in addition to Expenditures 46-27 other taxes and charges 80-3 Indebtedness 46-33 Vested rights 115-3 et seq. Liability of city limited 46-31 See:VESTED RIGHTS Meetings 46-30 Wastewater discharge permits 78-98 Reports to council 46-32 LIENS LICENSES AND PERMITS Abandoned property Adult entertainment establishment license 10-93 et seq. Collection of lien on private property re Alarm systems 30-27 et seq. towing,storage,expenses 34-188 See:ALARM SYSTEMS Application for satisfaction or release of Building sewers code enforcement liens 2-260 Permit for connections 78-77 LIFE SAFETY CODE. See: FIRE PREVEN- Buildings and building regulations 82-1 et seq. TION See:LAND DEVELOPMENT CODE Community appearance review board LIGHT INDUSTRIAL DISTRICT Permits Land development code regulations re zon- • Appeals and review 22-46 ing 110-26 et seq. Application criteria 22-44 See:LAND DEVELOPMENT CODE Approval prerequisite for permits 22-40 Building permits;enforcement 22-47 LIGHTS AND LIGHTING Notice of approval or denial 22-43 Definitions 34-206 Concurrency management system 86-1 et seq. Exceptions 34-210 See:LAND DEVELOPMENT CODE Method of measurement 34-211 Excavations Penalty 34-208 Street excavation permit requirements. 66-81 et seq. Policy established 34-207 Fees schedule in general. See: FEES(Ap- Sea turtles pendia B) Publicly owned lighting regulations14-57 Fireworks permit(public display) 38-82 et seq. Signs 94-63 Flood damage prevention 90-26 et seq. Solid waste See:LAND DEVELOPMENT CODE Transporting regulations 62-7 Land development code regulations re zon- Spill-over lighting standards established34-209 ing 110-26 et seq. Vehicles for hire 80-76(c) See: LAND DEVELOPMENT CODE Land development code;zoning LIQUEFIED PETROLEUM GAS Nonconformities Land development code Special permit 110-200 Zoning;liquefied petroleum gas 110-485 Motion and still photography production Public service tax 70-26 et seq. permits 16-60 et seq. See:TAXATION See:PHOTOGRAPHY Political signs 94-78 MITER AND LITTERING Sewer impact fee requirements 78-125 Abatement;assessment 34-43 Sexually oriented business license 10-93 et seq. Aircraft,dropping from 34-35 Signs Burial of trash,rubbish or other debris 34-41 Land development code regulations.... 94-1 et seq. Definitions 34-26 See:LAND DEVELOPMENT CODE Enforcement 34-42 Solicitors, peddlers and itinerant mer- Gutters,sweeping into prohibited 34-31 chants permit requirement 16-51 et seq. Handbills 0 See: PEDDLERS, CANVASSERS AND Depositing on uninhabited or vacant pre- mises mises 34-53 Supp.No. 16 CDi:27 CAPE CANAVERAL CODE Section Section 0 LITTER AND LITTERING(Cont'd.) MANUFACTURED GAS Distribution prohibited where property Public service tax 70-26 et seq. posted 34-54 See:TAXATION Inhabited private premises,distribution at 34-55 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 Penalty 34-27 Posting notices prohibited 34-40 City manager Powers and duties 2-101(3) Property maintenance standards 34-91 et seq. 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 MEDICAL SERVICES River or other body of water,throwing in 34-36 Fire protection services; emergency medi- Sidewalks cal services 38-56 Merchant's duty to keep sidewalks free of litter 34-32 MERCHANTS.See:PEDDLERS,CANVASS- Truck loads 34-34 ERS AND SOLICITORS Unlawful deposit 34-28 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 0 MINORS LOADING AND UNLOADING 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. 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 LOADS PARKS Truck loads causing litter 34-34 Beautification board Generally 2-181 et seq. 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 Land development code regulations.... 98-1 et seq. MONIES OF CITY.See:FINANCES See:LAND DEVELOPMENT CODE MONTHS LOUDSPEAKERS Defmitions and rules of construction 1-2 Noises,enumeration of prohibited 34-153(3) Public service tax,monthly computation.. 70-34 M MONUMENTS AND MARKERS Subdivisions MALT BEVERAGES.See:ALCOHOLIC BEV- Land development code regulations.... 98-1 et seq. ERAGES See:LAND DEVELOPMENT CODE 0 Supp.No. 16 CDi:28 CODE INDEX 41) Section Section MOTOR VEHICLES AND TRAFFIC MOTOR VEHICLES AND TRAFFIC(Cont'd) Alcoholic beverages Parking 74-60 Motor vehicle regulations 6-51 et seq. Penalties 74-28 See:ALCOHOLIC BEVERAGES Truck loads 34-34 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 Noises,enumeration of prohibited 34-153(6) Litter Throwing by person in vehicles 34-33 MUSICAL INSTRUMENTS Maps Noises, enumeration of prohibited 34-153(2) Truck routes 74-31 No parking zone,authority to establish74-58 N Noises Exhausts 34-153(6) NATURAL DISASTERS.See: CIVIL EMER- Horns,signal devices 34-153(1) GENCIES Out of repair vehicles 34-153(7) NATURAL GAS Out of repair vehicles Public service tax 70-26 et seq. Noises,enumeration of prohibited 34-153(7) See:TAXATION 41111 Outdoor entertainment permit require- ments 10-62(4) NOISE Overnight parking 74-61 Construction noise 34-154 Parking,stopping and standing Declaration of policy to prohibit noise 34-151 County's civil traffic infraction hearing Enumeration of prohibited noises 34-153 officer program adopted 74-63 Land development code regulations re zon- Dune parking prohibited 74-59 ing 110-26 et seq. Fire lanes,designation of 74-62 See:LAND DEVELOPMENT CODE No parking zones,authority to establish 74-58 Violations and penalties 34-152 Overnight parking 74-61 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 NUISANCES Solicitors, peddlers and itinerant mer- Abandoned property generally 34-181 et seq. chants 16-26 et seq. See:ABANDONED PROPERTY See: PEDDLERS, CANVASSERS AND General penalty;attorneys'fees and costs 1-15(b) SOLICITORS Noise generally 34-151 et seq. Solid waste See:NOISE Transporting regulations 62-7 Property maintenance standards 34-91 et seq. Stopping and standing. See herein: Park- See: PROPERTY MAINTENANCE ing,Stopping and Standing STANDARDS Through streets,parking,etc. Spill-over lighting 34-206 et seq. Certain ordinances not affected by Code 1-10(aX8) See:LIGHTS AND LIGHTING Travel on other than streets or highways. 74-1 Weeds and vegetation 34-121 et seq. Trucks See: WEEDS AND DEAD VEGETA- Applicability of provisions 74-27 TION 110 Definitions 74-26 Notice to remedy notices 34-123 Exceptions 74-29 Public nuisances prohibited 34-122 Supp.No. 16 CDi:29 CAPE CANAVERAL CODE Section Section 0 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(ax14) 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(aX2) Certain ordinances not affected by Code 1-10(a)(14) 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) 410 Street abandonment,ordinance required . 66-39 OCCUPATIONAL LICENSE TAX.See:TAX- ATION OUTDOOR ADVERTISING Signs OFFENSES Land development code regulations94-1 et seq. Abandoned property 34-181 et seq. See:LAND DEVELOPMENT CODE See:ABANDONED PROPERTY Certain ordinances not affected by Code1-10(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- Duties 2-141 FIC 110 Supp.No. 16 CDi:30 CODE INDEX 4110 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 544 PHOTOGRAPHY Concurrency management 86-1 et seq. Motion and still photography production See:LAND DEVELOPMENT CODE permits Fees schedule in general. See: FEES(Ap- Application for permit 16-66 pendia 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 Violations 54-28 and penalties 16-65 Established 54-26 PIPE LINES 41) Indebtedness 54-29 Franchise regulations in general. See: Street excavations 66 61 et seq. FRANCHISES(Appendix A) See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS PLANNED UNIT DEVELOPMENTS Vessels regulated 54-46 et seq. Land development code regulations re zon- See: BOATS, DOCKS AND WATER- ing 110-26 et seq. WAYS See:LAND DEVELOPMENT CODE Wetlands protection 106-26 et seq. PLANNING AND DEVELOPMENT See:LAND DEVELOPMENT CODE Beautification board 2-181 et seq. PARTNERSHIPS Business and cultural development board22-26 et seq. Persons;definitions and rules of construe- Community appearance review board 22-36 et seq. tion extended and applied to 1-2 Comprehensive plan Designation of agency,department,com- PEDDLERS, CANVASSERS AND SOLICI- mittee or person to prepare 58-58 TORS Flood damage prevention 90-26 et seq. Definitions 16-26 See:LAND DEVELOPMENT CODE Fraud 16-30 Franchise regulations in general. See: Harassment prohibited 16-28 FRANCHISES(Appendix A) Parks and recreation Impact fees generally 2-231 et seq. Commercial solicitation 54-4 See:IMPACT FEES Permission to enter premises required6-27 Land development code regulations re zon- Permit ing 110-26 et seq. Appeals 16-56 See:LAND DEVELOPMENT CODE Application 16-52 Local planning agency Badge for solicitors 16-57 Designation and establishment 58-56 Exhibition of permit on request 16-58 Designation of agency,department,corn- Investigation;denial or issuance of;record 16-53 mittee or person to prepare com- Notice of hearing 16-55 prehensive plan 58-58 Required 16-51 Duties and responsibilities 58-57 Revocation 16-54 Plan checking fee 0 Report of violations 16-31 Fees schedule in general. See: FEES Solicitor to leave when requested 16-29 (Appendix B) Supp.No. 16 CDi:31 CAPE CANAVERAL CODE Section Section 0 PLANNING AND DEVELOPMENT(Cont'd.) PROFESSIONS Planning and zoning board 110-3 Local business tax 70-66 et seq. See:LAND DEVELOPMENT CODE See:TAXATION Sanitary sewer system 78-26 et seq. PROPERTY See: SEWERS AND SEWAGE DIS- POSAL Abandoned property generally 34-180 et seq. Signs See:ABANDONED PROPERTY Land development code regulations.... 94-1 et seq. Code enforcement citations See:LAND DEVELOPMENT CODE Enter upon property (inspection war- Street excavations 66-61 et seq. rant) 2-290 See: STREETS, SIDEWALKS AND Eminent domain powers re economic devel- OTHER PUBLIC WAYS opment 2-70 Subdivisions Numbering of buildings and property 82-366 et seq. Land development code regulations.... 98-1 et seq. See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE Property maintenance code 82-221 et seq. Tree protection,land clearing 102-36 et seq. Buildings and building regulations.See: See:LAND DEVELOPMENT CODE LAND DEVELOPMENT CODE Vested rights 115-1 et seq. Signs See:VESTED RIGHTS Land development code regulations.... 94-1 et seq. See:LAND DEVELOPMENT CODE PLANT LIFE.See:WEEDS AND DEAD VEG- Sleeping and camping in public areas and ETATION beaches 50-4 Vested rights 115-1 et seq. PLATS.See: SURVEYS,MAPS AND PLATS See:VESTED RIGHTS PLUMBING PROPERTY MAINTENANCE STANDARDS Fees schedule in general. See:FEES(Ap- Authority 34-92 pendix B) Building appearance and maintenance 34-98 Flood damage prevention 90-26 et seq. Definitions 34-91 See:LAND DEVELOPMENT CODE Duties and responsibilities for mainte- Public service tax 70-26 et seq. 41111 nance 34-97 See:TAXATION Enforcement 34-95 Sanitary sewer system 78-26 et seq. Landscape appearance and maintenance . 34-99 See: SEWERS AND SEWAGE DIS- Purpose 34-94 POSAL Scope 34-93 Maintenance of plumbing system 78-35 Sign appearance and maintenance 34-100 POLES AND WIRES Standards established 34-96 Cable television franchise. See: FRAN- PROPERTY MANAGEMENT CHISES(Appendix A) Personal property control Signs Definitions 2-207(a) Land development code regulations.... 94-1 et seq. Property acquisition 2-207(d) See:LAND DEVELOPMENT CODE Property supervision and control 2-207(c) POLICE DEPARTMENT Record and inventory of property 2-207(b) Court costs for police education and train- Recording the disposal of property 2-207(f) ing 50-3 Surplus property disposition 2-207(e) Fees schedule in general. See: FEES(Ap- Valuation of property 2-207(g) pendix B) PUBLIC NUDITY.See:NUDITY Police department Duties of chief of police and/or precinct PUBLIC RECORDS. See: RECORDS AND supervisor 42-26 REPORTS Vehicles for hire Receiving police radio calls prohibited; PUBLIC SERVICE TAX radios which may be used 80-81 Generally 70-26 et seq. See:TAXATION POLITICAL SIGNS Signs PUBLIC SEWERS.See:SEWERS AND SEW- Land development code regulations.... 94-1 et seq. AGE DISPOSAL See:LAND DEVELOPMENT CODE PUBLIC THOROUGHFARES.See:STREETS, PROCEEDINGS.See:SUITS,ACTIONS AND SIDEWALKS AND OTHER PUBLIC OTHER PROCEEDINGS WAYS 4110 Supp.No. 16 CDi:32 r CODE INDEX 0 Section Section PUBLIC VEHICLES PURCHASES AND PURCHASING(Cont'd.) Vehicles for hire 80-1 et seq. Prohibition of interest See:VEHICLES FOR HIRE Financial interest 2-226(a) Gifts and rebates 2-226(b) PUBLIC WAYS.See:STREETS,SIDEWALKS Purpose 2-217 AND OTHER PUBLIC WAYS 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(aXll) 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) R Land development code regulations re zon- 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 general. See: Street excavations 66-61 et seq. FRANCHISES(Appendix A) 4111 See: STREETS, SIDEWALKS AND OTHER PUBLIC WAYS RECORDS AND REPORTS Subdivisions City clerk Land development code regulations98-1 et seq. Duties 2-116(1) See:LAND DEVELOPMENT CODE Franchise regulations in general. See: Weeds and vegetation 34-121 et seq. FRANCHISES(Appendix A) See: WEEDS AND DEAD VEGETA- Land development code;zoning TION Nonconformities Wetlands protection 106-26 et seq. Nonconforming lots of record 110-196 See:LAND DEVELOPMENT CODE Sewers Industrial or commercial wastewater PURCHASES AND PURCHASING monitoring reporting re discharges 78-100 Availability of funds 2-225 Sexually oriented businesses,adult enter- Award to other than low bidder 2-218(7) tainment establishments license Bid deposits 2-218(3) Records,reports 10-105 Bid opening 2-218(4) Worker records 10-110 Blanket purchase orders 2-224 Solicitors, peddlers and itinerant mer- City bidders list 2-218(2) chants Cooperative purchasing 2-222 Permit record 16-53 Definitions 2-216 Report of violations 16-31 Emergency purchase 2-221 Subdivisions Franchise regulations in general. See: Land development code regulations.... 98-1 et seq. FRANCHISES(Appendix A) See:LAND DEVELOPMENT CODE Ineligible contractors 2-218(6) Vehicles for hire Notice 2-218(1) Maintenance of records 80-85 Open market purchase procedures 2-219 Report to accidents 80-88 Performance bond 2-218(9) RECREATION. See: PARKS AND RECRE- Personal property control ATION Property acquisition 2-207(d) Property supervision and control 2-207(c) RECYCLABLE MATERIALS Recording disposal of property 2-207(f) Residences 62-9(b) Surplus property disposition 2-207(e) Solid waste generally 62-1 et seq. Procedure 2-218 See:SOLID WASTE 41, Supp.No. 16 CDi:33 CAPE CANAVERAL CODE Section Section 0 REFUSE.See:SOLID WASTE SEWERS AND SEWAGE DISPOSAL REGULAR MEETINGS Building sewers and connections.See herein: City council 2-56 Industrial and Commercial Use 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 RESIDENTIAL PLANNED UNIT DEVELOP- Disposal 78-33 MENTS Failure to maintain plumbing system 78-36 Land development code regulations re zon- Fees schedule in general. See: FEES(Ap- ing 110-26 et seq. pendix B) See:LAND DEVELOPMENT CODE Free service 78-37 Impact fees REVENUES OF CITY.See:FINANCES Change of use 78-128 REZONING Cost of living increase 78-129 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 ROAD SIGNS Offsite sewage plumbing 78-131 Land development code regulations 94-1 et seq. Payment 78-122 Port Canaveral customers 78-13041) ROBBERYALARMS.See:ALARM SYSTEMS Use of funds 78-127 Industrial and commercial use RUBBISH.See:SOLID WASTE Administrative enforcement procedures 78-59 Administrative penalties 78-60 S Applicability of provisions 78-54 SALES Building sewers and connections Utility service without collection of public Connecting sources of surface runoff service tax 70-40 or groundwater 78-84 Cost of installation;indemnification 78-78 SANITARY SEWER SYSTEM.See:SEWERS Elevations 78-82 AND SEWAGE DISPOSAL Excavations 78-83 SCREENS AND SCREENING Notice of inspection and connection 78-79 Property maintenance standards 34-91 et seq. Old building sewers 78-80 See: PROPERTY MAINTENANCE Permit for connections STANDARDS Application 78-77(b) Required 78-77(a) SEA TURTLES.See:ANIMALS AND FOWL Public sewers,connection to 78-85 SEAL OF CITY Separate sewers for each building78-76 City clerk Specifications 78-81 Duties 2-116(1) Definitions 78-51 Discharges SEPTIC TANKS Fees 78-99 Sanitary sewer requirements 78-34 General prohibitions and limitations 78-96 SERGEANT AT ARMS Industrial or commercial wastewater monitoring and reporting 78-100 City council 2-63 Permission to use sewer system;waste- SETBACKS water discharge permit 78-98 Land development code regulations re zon- Prohibited wastes,control of 78-97 ing 110-26 et seq. Wastewater discharge permit 78-98 See:LAND DEVELOPMENT CODE Emergency,termination of service in78-58 0 Supp.No. 16 CDi:34 V CODE INDEX 41111 Section Section SEWERS AND SEWAGE DISPOSAL(Cont'd.) SEXUALLY ORIENTED BUSINESSES, Enforcement;authority;minimum stan- ADULT ENTERTAINMENT ESTAB- dards 78-53 LISHMENTS(Cont'd.) Inspectors Escorts,escort services 10-125 Power and authority of 78-56 Fees schedule in general. See: FEES(Ap- Judicial remedies 78-61 pendia B) Public sewers,use of required 78-55 General requirements 10-111 Publication of significant violation 78-62 Hours of operation;unlawful provisions .. 10-124 Purpose 78-52 Immunity from prosecution 10-130 Rates and charges Land development code regulations re zon- Surcharge for abnormal strength ing 110-26 et seq. wastes 78-111 See:LAND DEVELOPMENT CODE Right of refusal 78-57 License Land development code regulations re zon- Annual license fee 10-103 ing 110-26 et seq. Application;fee 10-95 See:LAND DEVELOPMENT CODE Consent 10-98 Maintenance of plumbing system 78-35 Contents of application 10-96 Monthly sewer rates 78-152 Contents of license,term,renewals,ex- Old plumbing,connecting 78-31 piration, lapse,nonconforming es- Payment of sewer charges required 78-153 tablishments 10-104 Penalties 78-26 Continuing duty;false,misleading infor- Private water supply mation 10-97 Sewer fees where owner has 78-154 Investigation of applicant 10-99 Public service tax generally 70-26 et seq. Issuance or denial of license 10-100 See:TAXATION Operation without license 10-119 Rates and charges Reapplication after denial 10-102 Monthly sewer rates 78-152 Reasons for denial of application of li- Payment of sewer charges required 78-153 cense 10-101 41) Sewer fees where owner has private Records,reports 10-105 water supply 78-154 Required 10-93 Sanitary requirements 78-32 Suspension,revocation of license 10-108 Separate connection for each separate build- Transfer of license 10-106 ing 78-38 Local business tax receipts/home occupa- Septic tanks 78-34 tions 10-128 Sewer fees where owner has private water Location,distance requirements 110-352(7) supply 78-154 Minors;unlawful provisions 10-122 Subdivisions Name change(establishment) 10-107 Land development code regulations.... 98-1 et seq. Notice 10-91 See:LAND DEVELOPMENT CODE Obscenity;indecent exposure unlawful 10-89 Unlawful connection 78-29 Offices, departments (other); responsibili- Unlawful construction 78-30 ties 10-94 Wastewater discharge permits 78-98 Operation contrary to operational require- ments 10-120 SEXUALLY ORIENTED BUSINESSES, Penalties;remedies;relief 10-92 ADULT ENTERTAINMENT ESTAB- Purpose, findings, intent; incorporation of LISHMENTS whereas clauses 10-87 Adult performance establishment 10-114 Records;unlawful provisions 10-123 Alcoholic beverages establishments Restrooms,dressing rooms,use of 10-121 Nudity on premises where alcohol served, Sexual encounter businesses prohibited; consumed or stored 6-27 prohibited acts 10-129 Commercial bodily contact establishments 10-115 Sexually oriented businesses 10-112 Prohibited;savings provision 10-127 Short title 10-86 Commercial bodily contact;unlawful provi- Suspension,revocation proceedings 10-109 sions 10-126 Theater(adult) 10-113 Construction 10-88 Worker records 10-110 Definitions 10-90 Engaging in prohibited activity SHOPPING CENTERS Customers 10-117 Signs Workers;operators 10-118 Land development code regulations.... 94-1 et seq. I 0 Escort service 10-116 See:LAND DEVELOPMENT CODE Supp.No. 16 CDi:35 CAPE CANAVERAL CODE Section Section 0 SHOUTING SOLID WASTE(Cont'd.) Noises,enumeration of prohibited 34-153(4) Recyclable material 62-9(b) SIDEWALKS. See: STREETS, SIDEWALKS SopSolidratisn of solid waste 62-9(a) d waste 62-9(d) AND OTHER PUBLIC WAYS Yard waste 62-9(c) SIGNS AND BILLBOARDS Sanitary sewer system 78-26 et seq. Fees schedule in general. See: FEES(Ap- See: SEWERS AND SEWAGE DIS- pendix B) POSAL Handbills Schedule of fees 62-5 Litter regulations 34-51 et seq. Transporting 62-7 See:LITTER Tree protection,land clearing 102-36 et seq. Property maintenance standards See:LAND DEVELOPMENT CODE Sign appearance and maintenance 34-100 Unlawful acts Specific regulations pertaining signs 94-1 et seq. Burning or burying of solid waste 62-11(c) See:SIGNS AND BILLBOARDS Container of another 62-11(b) Truck routes,signs for 74-32 Hazardous waste 62-11(f) Obstruction 62-11(a) SINGING Unlawful accumulations 62-11(d) Noises,enumeration of prohibited 34-153(4) Unlawful disposal 62-11(e) SITE PLANS SOUND AMPLIFIERS Fees schedule in general. See: FEES(Ap- Noises,enumeration of prohibited 34-153(3) pendix B) Land development code regulations re zon- STATE ing 110-26 et seq. Abandoned property See:LAND DEVELOPMENT CODE Notification of owner;following removal by city SLEEPING Documentation filed with state 34-185(e) Sleeping and camping in public areas and Definitions and rules of construction 1-2 beaches 50-4 Election code adopted 26-1 SLOT MACHINES OR DEVICES Law 0 Definitions 10-201 City attorney Exemption 10-203 Duties 2-126(3) Prohibited 10-202 Misdemeanor acts adopted,penalty 50-1 Purpose;intent 10-200 Parking,state law adopted 74-56 Vehicles for hire SOLICITORS. See: PEDDLERS, CANVASS- Application of provisions to vehicle,op- ERS AND SOLICITORS erator regulator by state govern- ment 80-2 SOLID WASTE City STORAGE Authority to collect 62-3 Abandoned vehicles on private property.. 34-181 Ownership by city 62-4 Fireworks Complaint procedure 62-6 Private use,storage,display prohibited; Concurrency management 86-1 et seq. public displays authorized by per- See:LAND DEVELOPMENT CODE mit only 38-82 Containers Storage of materials 38-87 Required 62-8 Temporary storage units 82-400 Definitions 62-1 Fees schedule in general. See: FEES(Ap- STORMWATER DRAINAGE pendix B) Certain ordinances not affected by Code.. 1-10(aX17) Ownership by city 62-4 Stormwater drainage utility Penalties 62-2 Creation 78-275 Proper disposal prerequisite to collection . 62-10 Definitions,construction 78-277 Public nuisances prohibited Determination of ERUs 78-301 Dead plants,refuse,debris Fee,stormwater 78-300 Yards,etc.,to be kept free of 34-122 Findings,determinations,powers 78-276 Regulations on file 62-12 Operating budget 78-278 Residential solid waste pickup conditions Program responsibility 78-325 Location of solid waste containers 62-9(f) Stormwater management utility enter- Pickup 62-9(e) prise fund 78-326 0 Supp.No. 16 CDi:36 V 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 pendia 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 1111 Certain ordinances not affected by Code.. 1-10(aX5) 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 Liability of city 66-62 Petition Method of installation 66-65 For action 66-37 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(aX8) 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. 1110 Impact fees generally 2-231 et seq. See: WEEDS AND DEAD VEGETA- See: IMPACT FEES TION Supp.No. 16 CDi:37 I CAPE CANAVERAL CODE Section Section 0 STREETS,SIDEWALKS AND OTHER PUB- SURVEYS,MAPS AND PLATS(Cont'd.) LIC WAYS(Cont'd.) Truck routes,map of 74-31 Wetlands protection 106-26 et seq. See:LAND DEVELOPMENT CODE SWEAR OR SWORN.See:OATH,AFFIRMA- Yelling,shouting,hooting,whistling,sing- TION,SWEAR OR SWORN ing SWIMMING POOLS SUBDIVISIONS Land development code regulations re zon- Beautification board generally 2-181 et seq. ing 110-26 et seq. See:BEAUTIFICATION BOARD See:LAND DEVELOPMENT CODE Dedicating or accepting Certain ordinances not affected by Code 1-10(a)(12) T Fees schedule in general. See: FEES(Ap- TAXATION pendix B) Certain ordinances not affected by Code 1-10(aX7) Flood damage prevention 90-26 et seq. See:LAND DEVELOPMENT CODE Fees schedule in general. See: FEES(Ap- Impact fees generally 2-231 et seq. pendix B) See:IMPACT FEES Franchise regulations in general. See: Land development code FRANCHISES(Appendix A) Regulations re subdivisions 98-1 et seq. Local business tax See:LAND DEVELOPMENT CODE Contractors and subcontractors Regulations re zoning 110-26 et seq. Special requirements for 70-85 See:LAND DEVELOPMENT CODE Definitions 70-66 Public service tax generally 70-26 et seq. Delinquencies 70-76 See:TAXATION Duplicate,issuance of 70-80 Purchasing Engaging in business Prohibition against subdivisions 2-223 Evidence of engaging in business ... 70-72 Sanitary sewer system 78-26 et seq. Without paying tax or making reports 70-71 See: SEWERS AND SEWAGE DIS- Exemptions 70-83 POSAL False statement in receipt application 70-73 1111 Street excavations 66-61 et seq. Form,signing of receipts;report of infor- See: STREETS, SIDEWALKS AND mation 70-70 OTHER PUBLIC WAYS Insurance 70-84 Wetlands protection 106-26 et seq. Levied 70-67 See:LAND DEVELOPMENT CODE Local business tax for businesses not otherwise designated 70-88 SUITS,ACTIONS AND OTHER PROCEED- Multiple receipt 70-78 INGS Penalty for failure to obtain or renew Codes does not affect prior acts committed receipt 70-75 or done 1-8 Preservation,display of receipt 70-79 Effect of repeal of ordinances on suits or Rate schedule 70-89 proceedings pending 1-9(b) Receipt required;payment of tax prereq- uisite to issuance 70-69 SURFACE DRAINAGE Receipt year;tax payment date;term of Subdivisions receipt;proration of tax 70-74 Land development code regulations.... 98-1 et seq. Records of issued receipts 70-86 See:LAND DEVELOPMENT CODE Records of licensees 70-87 SURVEYS,MAPS AND PLATS Records of receipts 70-87 Amendment to zoning map Refunds 70-82 Certain ordinances not affected by Code 1-10(a)(9) Separate receipt required for each place City engineer of business 70-77 Duties 2-151(1) Transfer of receipt 70-81 Dedicating or accepting Violations and penalties 70-68 Certain ordinances not affected by Code 1-10(a)(12) Local improvements Franchise regulations in general. See: Certain ordinances not affected by Code 1-10(a)(11) FRANCHISES(Appendix A) Outdoor entertainment Outdoor entertainment permit require- Local business tax receipt required 10-49 ments 10-62(2) Public service tax Subdivisions Applicability 70-28 Land development code regulations.... 98-1 et seq. Appropriation of revenue 70-44 See:LAND DEVELOPMENT CODE Authority;findings 70-27 4110 Supp.No. 16 CDi:38 CODE INDEX 0Section Section TAXATION(Cont'd.) TIME Collection 70-35 Computation of time Computation 70-32 Definitions and rules of construction... 1-2 Continuance of tax and appropriation70-45 Definitions 70-26 TOPOGRAPHY Discontinuance of utilities service 70-39 Property maintenance standards 34-91 et seq. Exemptions 70-30 See: PROPERTY MAINTENANCE Failure to pay tax STANDARDS Collected 70-38 Subdivisions Generally 70-42 Land development code regulations.... 98-1 et seq. Levied 70-29 See:LAND DEVELOPMENT CODE Monthly computation 70-34 TORNADOS Payment 70-31 Civil emergencies generally 18-1 et seq. Payment of utilities service without pay- See:CIVIL EMERGENCIES ment of tax 70-41 Penalty 70-43 TOWING Purchase of utilities service Abandoned property Generally 70-33 Liability of owner for towing, storage Without collecting tax 70-37 expenses 34-188 Records 70-36 TOWNHOUSES Sale of utilities service without collet- Land development code regulations re zon- tion of tax 70-40 ing 110-26 et seq. Sexually oriented businesses, adult enter- See:LAND DEVELOPMENT CODE tainment establishments Local business tax receipts/home occu- TOXIC WASTE.See:SOLID WASTE pations 10-128 Vehicles for hire TRADES 0 Licenses and fees to be in addition to Local business tax 70-66 et seq. other taxes and charges 80-3 See:TAXATION TAXICABS. See:VEHICLES FOR HIRE TRAFFIC. See: MOTOR VEHICLES AND TRAFFIC TECHNICAL CODES TRASH.See:SOLID WASTE Building codes. See also: LAND DEVEL- OPMENT CODE TRAVEL EXPENSES. See: OFFICERS AND Building code 82-31 et seq. EMPLOYEES Coastal construction code 82-88 et seq. Property maintenance code 82-221 et seq. TREASURER.See:CITY TREASURER Unsafe building abatement code 82-56 et seq. TREES AND SHRUBBERY Fire prevention code 38-26 et seq. See:FIRE PREVENTION Fees schedule in general. See: FEES(Ap- Florida Fire Prevention Code 38-26,38-27 pante B) Life Safety Code 38-28,38-29 Impact fees generally 2-231 et seq. See:IMPACT FEES TELEGRAPH SERVICES Tree protection Public service tax generally 70-26 et seq. Land clearing 102-36 et seq. See:TAXATION See:LAND DEVELOPMENT CODE Weeds and vegetation 34-121 et seq. TELEPHONES See: WEEDS AND DEAD VEGETA- Automatic telephone direct dialing device; TION digital alarm communicator system . 30-37 Franchise regulations in general. See: TRUCKS FRANCHISES(Appendix A) Load regulations re litter 34-34 Parking 74-60 TELEVISIONS Traffic regulations 74-26 et seq. Franchise regulations in general. See: See: MOTOR VEHICLES AND TRAF- FRANCHISES(Appendix A) FIC Noises,enumeration of prohibited 34-153(2) TURTLES 4110 TENSE Sea turtles 14-51 et seq. Definitions and rules of construction 1-2 See:ANIMALS AND FOWL Supp.No. 16 CDi:39 1 CAPE CANAVERAL CODE Section Section 0 U VEHICLES FOR HIRE(Cont'd.) Driver's permit UNSAFE BUILDINGS Application 80-53 Unsafe building abatement code 82-56 et seq. Fees 80-55 Buildings and building regulations.See: Fees schedule in general. See: FEES LAND DEVELOPMENT CODE (Appendix B) UTILITIES Investigation;issuance,denial;posting. 80-54 Flood damage prevention 90-26 et seq. Penalty 80-52 See:LAND DEVELOPMENT CODE Required 80-51 FranchiseSurrender;revocation;suspension 80-57 regulations in general. See: FRANCHISES(Appendix A) Transferability;term of validity 80-56 Federal or state government Impact fees generally 2-231 et seq. Sac:IMPACT FEES Application to vehicles, operators regu- lated by 80-2 Land development code regulations re zon- Fees schedule in general. See: FEES(Ap- ing 110-26 et seq. pendia B) See:LAND DEVELOPMENT CODE Insurance 80-5 Public service tax generally 70-26 et seq. Licenses and fees to be in addition to other See:TAXATION taxes and charges 80-3 Reclaimed water 78-176 et seq. Lost money or property 80-86 See:WATER SUPPLY AND DISTRIBU- Maintenance of records 80-85 TION Nonpaying passengers with paying passen- Sanitary sewer system 78-26 et seq. gers,transporting of 80-80 See: SEWERS AND SEWAGE DIS- Number of passengers carried 80-79 POSAL Police radio calls,receiving prohibited;ra- Service rate, deposits and billing proce- dios which may be used 80-81 dures Rates and charges Deposit required 78-151 Charging rates in excess of established � Monthly sewer rates 78-152 rates 80-78 Payment of sewer charges required.... 78-153 Schedule of 80-77 Sewer fees where owner has private Report of accidents 80-88 0 water supply 78-154 Required equipment;standards Stormwater drainage utility 78-275 et seq. Compliance 80-76(a) Street excavations 66-61 et seq. General mechanical condition; cleanli- See: STREETS, SIDEWALKS AND ness;lighting 80-76(c) OTHER PUBLIC WAYS Letters,numbers required 80-76(e) Wetlands protection 106-26 et seq. Mechanical inspection 80-76(d) See:LAND DEVELOPMENT CODE Substitution of equipment 80-76(g) Taximeters 80-76(f) V Vehicle type,capacity 80-76(b) Schedule rates and charges 80-77 VEGETATION. See: WEEDS AND DEAD Stands,depots,terminals and parking80-82 VEGETATION VESSELS. See: BOATS, DOCKS AND WA- VEHICLES FOR HIRE TERWAYS Accidents VESTED RIGHTS Report of 80-88 Application for vested rights determina- Alcoholic beverages 80-87 tion 115-7 Certificate of public convenience and neces- Definitions 115-2 sity license Exhaustion of administrative remedies re- Application 80-27 quired 115-4 Approval 80-28 Issuance vested rights permit 115-12 Burden of proof 80-29 Judicial review 115-13 Required 80-26 Permit expiration; substantial deviations, Suspension and revocation 80-31 etc 115-6 Transfer 80-32 Public hearing 115-11 Compliance with provisions 80-4 Purpose and intent 115-1 Cruising,soliciting business prohibited... 80-83 Review and recommendation by city attor- Definitions 80-1 ney 115-8 Driver's attendance to vehicles 80-84 Standards for determining vested rights.. 115-5 0 Supp.No. 16 CDi:40 CODE INDEX Section Section VESTED RIGHTS(Cont'd.) WETLANDS PROTECTION Supplemental evidence 115-9 Specific regulations 106-26 et seq. Vested rights agreements 115-10 See:LAND DEVELOPMENT CODE Vested rights permits,effect 115-3 WHISKEY.See:ALCOHOLIC BEVERAGES W WHISTLING Noises,enumeration of prohibited 34-153(4) WASTEWATER Sewer impact fees WINE.See:ALCOHOLIC BEVERAGES Excessive quantity of 78-123 WRITS, WARRANTS AND OTHER PRO- WATER SUPPLY AND DISTRIBUTION CESSES Code enforcement citations Concurrency management 86-1 et seq. LAND DEVELOPMENT CODE Enter upon property (inspection war- See: rant) 2-290 Flood damage prevention 90-26 et seq. Franchise regulations in general. See: See:LAND DEVELOPMENT CODE FRANCHISES(Appendix A) Impact fees generally 2-231 et seq. See: IMPACT FEES Y Public service tax generally 70-26 et seq. See:TAXATION YARD WASTE. See:SOLID WASTE Reclaimed water Connection to the system 78-177 YARDS AND OPEN SPACES Definitions 78-176 Subdivisions Installation and inspection of the re- Land development code regulations.... 98-1 et seq. claimed water system See:LAND DEVELOPMENT CODE Adoption of Chapter 62-610,F.A.0 78-200 Weeds and vegetation 34-121 et seq. Areas embraced 78-197 See: WEEDS AND DEAD VEGETA- Code enforcement board authority and TION • violation liability 78-195 YELLING Cross-connection control 78-198 Noises,enumeration of prohibited 34-153(4) Discontinuance of service 78-193 Inspections 78-192 Z Policies and regulations adopted;com- pliance required 78-191 ZONING Public employees liability 78-196 Amendments to map Unauthorized use 78-199 Certain ordinances not affected by Code 1-10(aX9) Unlawful connections or practices 78-194 Fees schedule in general. See: FEES(Ap- Irrigation usage rates 78-180 pendia B) Reclaimed water uses 78-178 Flood damage prevention 90-26 et seq. Right to refuse service 78-181 See:LAND DEVELOPMENT CODE Sanitary sewer system 78-26 et seq. Land development code 110-1 et seq. See: SEWERS AND SEWAGE DIS- See:LAND DEVELOPMENT CODE POSAL Local planning agency 58-56 et seq. Subdivisions See:PLANNING AND DEVELOPMENT Political signs 94-78 Land development code regulations.... 98-1 et seq. Signs See:LAND DEVELOPMENT CODE Land development code regulations 94-1 et seq. WATERWAYS, WATERCOURSES. See: See:LAND DEVELOPMENT CODE BOATS,DOCKS AND WATERWAYS Street excavations 66-61 et seq. See: STREETS, SIDEWALKS AND WEEDS AND DEAD VEGETATION OTHER PUBLIC WAYS Fees schedule in general. See: FEES(Ap- Subdivisions pendia B) Land development code regulations98-1 et seq. Intent 34-121 See:LAND DEVELOPMENT CODE Notice to remedy nuisance 34-123 Weeds and vegetation 34-121 et seq. Public nuisance prohibited 34-122 See: WEEDS AND DEAD VEGETA- Records 34-127 TION Remedies by city 34-126 Wetlands protection 106-26 et seq. 0 Tree protection,land clearing 102-36 et seq. See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE Supp.No. 16 CDi:41 - a ;A t xxyy 4s F JUzOv ? rgy ;A t xxyy JUzOv R h� mo u ^,,11 $ �^t 1'4