HomeMy WebLinkAboutSupplement 15 SUPPLEMENT NO. 15
October 2006
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. 09-2006, adopted June 20, 2006.
See the Code Comparative Table for further information.
Remove old pages Insert new pages
xi—xviii xi—xviii
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
CD2:1—CD2:3 CD2:1—CD2:3
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CD6:1—CD6:5 CD6:1—CD6:6
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CD50:1, CD50:3 CD50:1—CD50:5
CD58:1—CD58:4 CD58:1—CD58:4
CD82:1—CD82:2.1 CD82:1—CD82:2.1
CD82:5—CD82:10 CD82:5—CD82:10
CD98:1, CD98:2 CD98:1, CD98:2
CD98:11, CD98:12 CD98:11—CD98:12.1
CD102:1—CD102:6 CD102:1—CD102:6
CD102:9—CD102:12 CD102:9—CD102:12.1
CD110:1, CD110:2 CD110:1, CD110:2
CD110:5, CD110:6 CD110:5, CD110:6
CD110:13—CD110:26.2 CD110:13—CD110:26.4
CD110:29—CD110:30.2 CD110:29—CD110:30.2
CD110:38.1 CD110:38.1
CD110:42.1—CD110:44 CD110:43—CD110:44.2
CD110:64.9—CD110:66 CD110:65—CD110:66.5
CCT:19, CCT:20 CCT:19, CCT:20
SLT:1—SLT:3 SLT:1—SLT:3
CDi:1—CDi:45 CDi:1—CDi:42
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
Page
Officials of the City at the Time of this Codification iii
Preface v
Adopting Ordinance ix
Checklist of Up-to-Date Pages [1]
PART I
CHARTER
Charter CHT:1
Art. I. [General Provisions] CHT:5
Art. II. General Powers CHT:7
Art. III. Elected Officers, Qualifications and Terms CHT:8
Art. IV. The Mayor, Powers and Duties CHT:9
Art. V. The City Council, Organization and Powers CHT:9
Art. VI. City Manager CHT:9
Art. VII. City Attorney CHT:10
Art. VIII. City Clerk CHT:10
Art. IX. City Tax Assessor CHT:10
Art. X. City Tax Collector CHT:10
Art. XI. City Treasurer CHT:10
Art. XII. Municipal Court CHT:11
Art. XIII. Police Department CHT:11
Art. XIV. Fire Department CHT:11
Art. XV. Public Works CHT:12
Art. XVI. Boards and Agencies CHT:12
Art. XVII. General Finance Provisions, Budget, Audit
and Purchasing CHT:13
Art. XVIII. Revenue and Taxation CHT:14
Art. XIX. Collection of Delinquent Taxes CHT:14
Art. XX. Financing Public Improvements CHT:14
Art. XXI. Elections CHT:14
Art. XXII. Abatement of Nuisances CHT:16
Art. XXIII. Extension of the Corporate Limits CHT:16
Art. XXIV. Miscellaneous CHT:16
Charter Comparative Table—Laws of Florida CHTCT:1
Charter Comparative Table—Ordinances CHTCT:3
PART II
CODE OF ORDINANCES
Chapter
Subpart A. General Ordinances CD1:1
1. General Provisions CD1:1
Supp.No. 15 xi
CAPE CANAVERAL CODE
4
Chapter Page
2. Administration CD2:1
Art. I. In General CD2:5
Art. II. City Council CD2:5
Div. 1. Generally CD2:5
Div. 2. Compensation CD2:5
Div. 3. Meetings CD2:6
Art. III. Officers and Employees CD2:9
Div. 1. Generally CD2:9
Div. 2. City Manager CD2:9
Div. 3. City Clerk CD2:10
Div. 4. City Attorney CD2:10
Div. 5. City Treasurer CD2:11
Div. 6. City Engineer CD2:11
Art. IV. Boards, Committees, Commissions CD2:11
Div. 1. Generally CD2:11
Div. 2. Beautification Board CD2:14
Art. V. Finance CD2:14
Div. 1. Generally CD2:14
Div. 2. Purchasing CD2:14.2
Div. 3. Impact Fees CD2:16
Art. VI. Code Enforcement CD2:19
Div. 1. Generally CD2:19
Div. 2. Code Enforcement Board CD2:19
Div. 3. Code Enforcement Citations CD2:21
Art. VII. Travel Reimbursement Policies and Proce-
dures CD2:26
3-5. Reserved CD3:1
6. Alcoholic Beverages CD6:1
Art. I. In General CD6:3
Art. II. Operation of Establishments CD6:3
Art. III. Possession and Consumption CD6:4
Div. 1. Generally CD6:4
Div. 2. Motor Vehicles CD6:4
7-9. Reserved CD7:1
10. Amusements and Entertainments CD10:1
Art. I. In General CD10:3
Art. II. Amusement Device Code CD10:3
Art. III. Outdoor Entertainment CD10:3
Div. 1. Generally CD10:3
Div. 2. Permit CD10:4
Art. IV. Sexually Oriented Business and Adult Enter-
tainment Establishments CD10:6
Art. V. Slot Machines or Devices CD10:45
11-13. Reserved CD11:1
14. Animals CD14:1
Art. I. In General CD14:3
Supp.No. 15 %ii
TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. IL County Animal Control Ordinance CD14:3
Art. III. Sea Turtles CD14:3
15. Reserved CD15:1
16. Businesses CD16:1
Art. I. In General CD 16:3
Art. II. Solicitors, Peddlers and Itinerant Merchants CD16:3
Div. 1. Generally CD16:3
Div. 2. Permit CD16:3
Art. III. Motion and Still Photography Production Per-
mits CD 16:5
17. Reserved CD17:1
18. Civil Emergencies CD18:1
19-21. Reserved CD19:1
22. Community Development CD22:1
Art. I. In General CD22:3
Art. II. Business and Cultural Development BoardCD22:3
Art. III. Community Appearance Review CD22:4
23-25. Reserved CD23:1
26. Elections CD26:1
27-29. Reserved CD27:1
30. Emergency Services CD30:1
Art. I. In General CD30:3
Art. II. Alarm Systems CD30:3
31-33. Reserved CD31:1
34. Environment CD34:1
Art. I. In General CD34:3
Art. II. Litter CD34:3
Div. 1. Generally CD34:3
Div. 2. Handbills CD34:5
Div. 3. Reserved CD34:6
Art. III. Property Maintenance Standards CD34:6
Art. W. Weeds and Dead Vegetation CD34:11
Art. V. Noise CD34:13
Art. VI. Abandoned Property CD34:14
Art. VII. Lights CD34:19
App. A. Diagram CD34:20
35-37. Reserved CD35:1
38. Fire Prevention and Protection CD38:1
Art. I. In General CD38:3
Art. II. Fire Prevention Codes CD38:6
Art. III. Fire Department CD38:7
Art. IV. Fireworks CD38:8
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CAPE CANAVERAL CODE
Chapter Page
Art. V. Hazardous Materials and Substances CD38:9
39. Reserved CD39:1
40. Human Relations CD40:1
Art. I. In General CD40:3
Art. II. Reserved CD40:3
41. Reserved CD41:1
42. Law Enforcement CD42:1
Art. I. In General CD42:3
Art. II. Police Department CD42:3
43-45. Reserved CD43:1
46. Library CD46:1
Art. I. In General CD46:3
Art. II. Library Board CD46:3
47-49. Reserved CD47:1
50. Offenses and Miscellaneous Provisions CD50:1
51-53. Reserved CD51:1
54. Parks and Recreation CD54:1
Art. I. In General CD54:3
Art. II. Recreation Board CD54:3
Art. III. Vessel Control and Water Safety CD54:4
55-57. Reserved CD55:1
58. Planning CD58:1
Art. I. In General CD58:3
Art. II. Planning and Zoning Board CD58:3
Art. III. Local Planning Agency CD58:3
59-61. Reserved CD59:1
62. Solid Waste CD62:1
63-65. Reserved CD63:1
66. Streets, Sidewalks and Other Public Places CD66:1
Art. I. In General CD66:3
Art. II. Streets CD66:5
Div. 1. Generally CD66:5
Div. 2. Abandonment CD66:5
Art. III. Excavations CD66:6
Div. 1. Generally CD66:6
Div. 2. Permit CD66:7
67-69. Reserved CD67:1
70. Taxation CD70:1
Art. I. In General CD70:3
Art. II. Public Service Tax CD70:3
Supp.No. 15 xiv
TABLE OF CONTENTS—Cont'd.
Chapter Page
Art. III. Occupational License 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. VI. Reserved CD82:9
Art. VII. Reserved CD82:9
Art. VIII. Reserved CD82:9
Supp.No. 15 xV
CAPE CANAVERAL CODE '111)
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
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
Div. 3. Inspections; Certificate of Completion CD98:14
Art. IV. Improvements CD98:15
Div. 1. Generally CD98:15
Supp.No. 15 gvi
TABLE OF CONTENTS-Cont'd.
Chapter Page
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. Amendments and Rezonings CD110:25
Art. IV. Special Exceptions CD110:25
Div. 1. Generally CD110:25
Div. 2. Alcoholic Beverages CD110:25
Art. V. Nonconformities CD110:26.2
Art. VI. Site Plans CD110:29
Art. VII. Districts CD110:30.2
Div. 1. Generally CD110:30.2
Div. 2. R-1 Low Density Residential District CD110:33
Div. 3. R-2 Medium Density Residential District CD110:34
Div. 4. R-3 Medium Density Residential District CD110:36
Div. 5. C-1 Low Density Commercial District CD110:38
Div. 6. M-1 Light Industrial and Research and De-
velopment District CD110:41
Div. 7. Townhouses CD110:44.2
Div. 8. C-2 Commercial/Manufacturing District CD110:46
Art. VIII. Residential Planned Unit Developments CD110:46.4
Div. 1. Generally CD110:46.4
Div. 2. Development Plans CD110:49
Div. 3. Land Use Regulations CD110:56
Art. IX. Supplementary District Regulations CD110:59
Div. 1. Generally CD110:59
Supp.No. 15 xvii
CAPE CANAVERAL CODE
4 "-‘111)
Chapter Page
Div. 2. Offstreet Parking CD110:66.1
Div. 3. Offstreet Loading CD110:66.2
Div. 4. Home Occupations CD110:66.3
Div. 5. Setbacks CD110:66.4
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
Supp.No. 15 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
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CD106:3, CD106:4 OC CD110:62.1 11
CD106:5 OC CD110:63, CD110:64 5
CD107:1 OC CD110:64.1, CD110:64.2 5
CD110:1, CD110:2 15 CD110:64.3, CD110:64.4 6
CD110:3, CD110:4 12 CD110:64.5, CD110:64.6 6
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Chapter 2
ADMINISTRATION*
Article I. In General
Secs. 2-1-2-25. Reserved.
Article II. City Council
Division 1. Generally
Sec. 2-26. Elections.
Sec. 2-27. Uncontested elections.
Secs. 2-28-2-40. Reserved.
Division 2. Compensation
Sec. 2-41. Established for councilmembers other than mayor.
Sec. 2-42. Established for mayor.
Secs. 2-43-2-55. Reserved.
Division 3. Meetings
Sec. 2-56. Regular meetings.
Sec. 2-57. Special meetings.
Sec. 2-58. Workshop meetings.
Sec. 2-59. Preparation of ordinances and resolutions prior to meeting.
Sec. 2-60. Preparation and notice of agenda.
Sec. 2-61. Parliamentary procedure.
Sec. 2-62. Presiding officer.
Sec. 2-63. Sergeant at arms.
Sec. 2-64. Call to order;quorum;roll call.
Sec. 2-65. Minutes.
Sec. 2-66. Consideration of matters before council.
Sec. 2-67. Adoption of motion.
Sec. 2-68. General discussion.
Sec. 2-69. Adjournment.
Sec. 2-70. Eminent domain powers.
Secs. 2-71-2-90. Reserved.
Article III. Officers and Employees
Division 1. Generally
Secs. 2-91-2-100. Reserved.
Division 2. City Manager
Sec. 2-101. Powers and duties.
Sec. 2-102. Deputy city manager.
Secs. 2-103-2-115. Reserved.
*Cross references-Administration of the flood damage prevention requirements, § 90-46 et seq.; administration and
enforcement of the zoning regulations,§ 110-86 et seq.
Supp.No. 15 CD2:1
CAPE CANAVERAL CODE
Division 3. City Clerk
Sec. 2-116. Duties.
Secs. 2-117-2-125. Reserved.
Division 4. City Attorney
Sec. 2-126. Duties.
Sec. 2-127. Attendance at council meetings.
Secs. 2-128-2-140. Reserved.
Division 5. City Treasurer
Sec. 2-141. Duties.
Secs. 2-142-2-150. Reserved.
Division 6. City Engineer
Sec. 2-151. Duties.
Secs. 2-152-2-170. Reserved.
Article W. Boards,Committees,Commissions
Division 1. Generally
Sec. 2-171. Uniform procedures and requirements.
Secs. 2-172-2-180. Reserved.
Division 2. Beautification Board
Sec. 2-181. Established,membership,terms, qualifications.
Sec. 2-182. Meetings;bylaws; officers.
Sec. 2-183. Absence from meetings.
Sec. 2-184. Duties.
Sec. 2-185. Coordination with planning and zoning board.
Sec. 2-186. Indebtedness.
Secs. 2-187-2-205. Reserved.
Article V. Finance
Division 1. Generally
Sec. 2-206. Quarterly report of income and expenditures.
Sec. 2-207. Personal property control.
Secs. 2-208-2-215. Reserved.
Division 2. Purchasing
Sec. 2-216. Definitions.
Sec. 2-217. Purpose.
Sec. 2-218. Procedure.
Sec. 2-219. Open market purchase procedures.
Sec. 2-220. Sole source.
Sec. 2-221. Emergency purchase.
Sec. 2-222. Cooperative purchasing.
Sec. 2-223. Prohibition against subdivision.
Sec. 2-224. Blanket purchase orders.
Supp.No. 15 CD2:2
ADMINISTRATION
Sec. 2-225. Availability of funds.
Sec. 2-226. Prohibition of interest.
Secs. 2-227-2-230. Reserved.
Division 3. Impact Fees
Sec. 2-231. Levy and purpose.
Sec. 2-232. Exemptions.
Sec. 2-233. Schedule.
Sec. 2-234. Payment.
Sec. 2-235. Partial waiver authorized.
Sec. 2-236. Capital expansion trust funds.
Sec. 2-237. Capital expansion plans.
Secs. 2-238-2-245. Reserved.
Article VI. Code Enforcement
Division 1. Generally
Secs. 2-246-2-255. Reserved.
Division 2. Code Enforcement Board
Sec. 2-256. Created.
Sec. 2-257. Membership.
Sec. 2-258. Duties;responsibilities;powers.
Sec. 2-259. Prosecution of violations with no criminal penalty.
Sec. 2-260. Application for satisfaction or release of code enforcement liens.
Secs. 2-261-2-279. Reserved.
Division 3. Code Enforcement Citations
Sec. 2-280. Intent and purpose.
Sec. 2-281. Definitions.
Sec. 2-282. Authorization of citation program.
Sec. 2-283. Applicable codes and ordinances;class violation.
Sec. 2-284. Training of code enforcement officers.
Sec. 2-285. Citation powers;personal investigation;reasonable cause.
Sec. 2-286. Violation;penalties;general.
Sec. 2-287. Citation issuance procedure.
Sec. 2-288. Citation form.
Sec. 2-289. Payment of penalty; court hearings.
Sec. 2-290. Authorization to enter upon property.
Sec. 2-291. Classes of violations and penalties.
Secs. 2-292-2-299. Reserved.
Article VII. Travel Reimbursement Policies and Procedures
Sec. 2-300. Reimbursement policy and procedures for official travel.
Supp.No. 15 CD2:3
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ADMINISTRATION §2-101
Sec. 2-68. General discussion. DIVISION 2. CITY MANAGERt
Every regular meeting of the city council shall Sec. 2-101. Powers and duties.
include a period of time limited to one hour for the The city manager shall have the following
purpose of a question and answer session during powers and duties:
which any person from the audience may direct
questions concerning city business or affairs to (1) Provide sustained administrative leader-
any member of the council or officer or official of ship and coordination of staff and board
the city.The limitations set forth in section 2-66(g) activities in carrying out the acts and
and (h) shall apply. directives of the city council,through over-
(Code 1981, § 271.17) all supervision and coordination. In this
capacity, he coordinates the activities of
staff and boards to ensure that adequate
Sec. 2-69. Adjournment. information and recommendations in im-
portant areas are expeditiously consid-
A motion to adjourn the meeting of the city ered by the staff and boards and brought
council shall always be in order and shall be promptly to the attention of the council.
decided without debate.
(Code 1981, § 271.18) (2) Review with the council and with heads of
the several boards and offices the pro-
grams and projects of the city and make
Sec. 2-70. Eminent domain powers. recommendations thereon as may be nec-
essary to administer the city most effec-
Notwithstanding the United States Supreme tively in the public interest.
Court's decision in Kelo v. City of New London, (3) Assist the mayor in carrying out the ad-
125 S. Ct. 2655 (2005), and any other authority ministrative and executive responsibili-
under Florida law,the city council shall not exer- ties delegated to the mayor and, in con-
cise the power of eminent domain solely for eco- nection with these responsibilities,to plan,
nomic development purposes.Any exercise of such direct,coordinate and manage the admin
power shall be declared void ab initio. istrative affairs of the council.
(Ord. No. 14-2005, § 2, 9-6-05)
(4) Prepare and submit the annual budget to
the city council.
Secs. 2-71-2-90. Reserved. (5) Appoint and, when deemed necessary for
the good of the service,suspend or remove
all city employees and appointive admin-
ARTICLE III. OFFICERS AND istrative officers provided for by and un-
EMPLOYEES* der the Charter, except as otherwise pro-
vided by law, the Charter or personnel
DIVISION 1. GENERALLY rules. The city manager may authorize
any administrative officer who is subject
to the city manager's direction and super-
Secs. 2-91-2-100. Reserved. vision to exercise these powers with re-
spect to subordinates in that officer's de-
*Charter reference—Superintendent of public works, partment, office or division.
art.XV.
Cross references—Purchasing procedure,§2-216 et seq.; tCharter reference—Appointment by city council, art.
the mayor or city manager in the case of the absence of the IV,§2.
mayor, or any available councilmember in the absence of the Cross reference—The mayor or city manager in the case
mayor and city manager, may declare a state of emergency, of the absence of the mayor,or any available councilmember in
§ 18-2; fire department, § 38-56 et seq.; police department, the absence of the mayor and city manager, may declare a
§42-26 et seq. state of emergency,§ 18-2.
Supp.No. 15 CD2:9
§2-101 CAPE CANAVERAL CODE
(6) Direct and supervise the administration DIVISION 4. CITY ATTORNEYt
of all departments,offices and divisions of
the city,except as provided by the Charter Sec. 2-126. Duties.
or by law. The city attorney has the duties and responsi-
(7) Perform such other duties as are specified bilities to:
in the Charter or as may be required by (1) Advise and represent the city council in
the city council. matters of litigation.
(Code 1981, § 231.11)
(2) Advise and make recommendations to the
city council with respect to proposed leg-
Sec. 2-102. Acting city manager. islation and coordinate the preparation of
The city manager, or in his absence, the city council views on proposed or current state
council, shall appoint an acting city manager.The or federal law.
acting city manager shall act for the city manager (3) Interpret state or federal law.
during sickness or absence of the city manager (4) Prepare and make recommendations and
and shall be responsible for the functions of the interpretations concerning procedural
office. rules;prepare ordinances and resolutions
(Code 1981, § 231.13; Ord. No. 03-2002, § 1, on request of the city council and city
3-19-02) boards; and review all ordinances for con-
Cross reference—City clerk, §2-116 et seq.
sistency, uniformity and legal sufficiency.
Secs. 2-103-2-115. Reserved. (5) Conduct research in legal matters as di-
rected by the council.
DIVISION 3. CITY CLERK* (6) Perform all legal functions with respect to
leases, contracts, tort claims and such
other internal legal problems as may arise.
Sec. 2-116. Duties. (7) Directly administer and supervise the units
The city clerk has the duties and responsibili-
ties to: (Code 1981, § 231.31)
Charter reference—Duties,art.VII, §2.
(1) Pursuant to F.S. § 119.021 and the Char-
ter, be custodian of all public records of Sec. 2-127. Attendance at council meetings.
the city, as defined in F.S. § 119.011, and The city attorney or the assistant city attorney
the seal of the city. in his absence shall be available to the city council
(2) Be secretary of the council and perform at all meetings,unless excused by the council. He
those duties specified in the council rules shall act as parliamentarian at all meetings and
of procedure. shall advise and assist the presiding officer in
matters of parliamentary law.
(3) Directly administer and supervise the units (Code 1981, § 271.11)
of the office.
(Code 1981, § 231.21(A), (B), (E)) Secs. 2-128--2-140. Reserved.
Secs. 2-117-2-125. Reserved.
*Charter reference—Appointment by city manager,art.
VIII, § 1. tCharter references—Appointment by city council, art.
Cross references—Preparation of ordinances and resolu- IV,§2;city attorney qualifications,etc.,art.VII.
tions, §2-59;minutes of the city council meeting, §2-65;the Cross reference—Preparation of ordinances and resolu-
city clerk may be appointed deputy city manager,§2-102. tions, §2-59.
Supp.No. 15 CD2:10
Chapter 6
ALCOHOLIC BEVERAGES*
Article I. In General
Sec. 6-1. Penalty.
Secs. 6-2-6-25. Reserved.
Article II. Operation of Establishments
Sec. 6-26. Hours of operation.
Sec. 6-27. Nudity on premises where served,consumed or stored.
Secs. 6-28-6-50. Reserved.
Article III. Possession and Consumption
Division 1. Generally
Sec. 6-51. Streets, alleys,sidewalks and parking areas.
Sec. 6-52. Parks and recreation areas.
Sec. 6-53. Ocean beach.
Secs. 6-54-6-65. Reserved.
Division 2. Motor Vehicles
Sec. 6-66. Definitions.
Sec. 6-67. Policy and intent.
Sec. 6-68. Open containers prohibited.
Sec. 6-69. Exceptions.
*Cross references—Businesses,ch. 16;alcoholic beverages in vehicles for hire,§80-87;alcoholic beverage establishments a
special exception under the zoning regulations,§ 110-171 et seq.
State law reference—Alcoholic beverages,F.S.ch. 561 et seq.
Supp.No. 15 CD6:1
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ALCOHOLIC BEVERAGES §6-27
ARTICLE I. IN GENERAL ing which is intended to give the appear-
ance of or simulate such portions of the
Sec. 6-1. Penalty. human female breast as described in sub-
Any person violating this chapter shall be section (a)(1) of this section.
punished as provided in section 1-15.
(Code 1981, §§ 733.04, 733.05, 734.03, 737.09) (3) Suffer or permit any person, while on the
premises of the commercial establish-
Secs. 6-2-6-25. Reserved. ment, to expose to public view the geni-
tals, pubic area, buttocks, anus or anal
cleft or cleavage of such person.
ARTICLE II. OPERATION OF
ESTABLISHMENTS (4) Suffer or permit any person, while on the
premises of the commercial establish-
Sec. 6-26. Hours of operation. ment, to employ any device or covering
which is intended to give the appearance
(a) Any commercial establishment which serves,
of or simulate the genitals, pubic area,
dispenses, stores or sells alcoholic beverages, or buttocks, anus, anal cleft or cleavage.
where alcoholic beverages are consumed,or which
holds a license under the division of beverages for (b) It shall be unlawful for any female person
either on-premises or off-premises consumption, while on the premises of a commercial establish
shall have the hours of operation for the purposes ment located within the city at which alcoholic
of dispensing, selling, consuming or serving alco-
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,
§ 1(733.01), 3-1-94) (c) It shall be unlawful for any person while on
State law reference—Authority to regulate hours of sale, the premises of a commercial establishment to
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) of this section, the
on the premises of the commercial estab- city treasurer shall revoke the occupational li-
lishment, to employ any device or cover- cense for the establishment after giving a reason-
Supp.No. 15 CD6:3
§6-27 CAPE CANAVERAL CODE
able notice thereof to the holder of the license and this section shall be deemed to waive any provi-
affording the holder an opportunity to be heard as sions of state law regulating alcoholic beverages.
to why the revocation should not be issued. (Code 1981, § 604.02; Ord. No. 9-94, § 1, 2-1-94)
(Code 1981, § 734.01(A)—(C), (E)) 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
DIVISION 1. GENERALLY games and other events,provided that nothing in
this section shall be deemed to waive any provi-
Sec. 6-51. Streets,alleys,sidewalks and park- sions of state law regulating alcoholic beverages.
ing areas. (Ord. No. 09-2006, § 2, 6-20-06)
(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
but not limited to beer and wine, on or upon any DIVISION 2. MOTOR VEHICLES*
street, alley,walkway, sidewalk or any city public
parking area open to the public in the ordinary Sec. 6-66. Definitions.
course of business within the city.
The following words, terms and phrases,when
(b) The city council may waive the prohibitions used in this division, shall have the meanings
of this section for any special event,including,but ascribed to them in this section, except where the
not limited to, community picnics, charitable ball context clearly indicates a different meaning:
games and other events, provided that nothing in
this section shall be deemed to waive any provi- Alcoholic beverage means any beverage contain-
sions of state law regulating alcoholic beverages. ing more than one percent of alcohol by weight.
(Code 1981, § 604.01; Ord. No. 06-2002, § 1, Proof that a beverage in question was contained
3-19-02) in an opened bottle or can, labeled as beer, ale,
Cross references—Library, ch. 46; parks and recreation malt liquor, malt beverage, wine, wine cooler or
areas, ch. 54; streets, sidewalks and other public places, ch. other similar name and which bears the
66;waterways,ch. 106;zoning,ch. 110. manufacturer's insignia,name or trademark,shall
be prima facie evidence that such beverage is an
Sec. 6-52. Parks and recreation areas. alcoholic beverage.
(a) It shall be unlawful for any person to drink, Highway means any public street,avenue,bou-
consume or possess an open container of alcoholic levard, roadway, alley, sidewalk, parking lot or
beverage, as defined in F.S. ch. 561, within the other right-of-way or any area upon which the
confines of any public park, public recreational public has a right to travel, whether public or
area, public recreation facility or public ballpark private, located within the incorporated area of
within the city, excluding the ocean beach.
the city.
(b) The city council may waive the prohibitions *Cross references—Streets, sidewalks and other public
of this section for any special event,including but places, ch. 66;traffic and vehicles, ch. 74.
not limited to community picnics, charitable ball State law reference—Possession of open containers in
games and other events, provided that nothing in vehicles,F.S. §316.1936.
Supp.No. 15 CD6:4
ALCOHOLIC BEVERAGES §6-69
Open container means any bottle, can or other container containing any alcoholic beverage or
receptacle or container containing any alcoholic any mixture containing an alcoholic beverage
beverage or any mixture containing an alcoholic while the motor vehicle is upon a street or high-
beverage which has been opened or a seal broken way within the city.
or the contents of which have been partially (Code 1981, § 737.05)
removed.
Possession means an open container shall be Sec. 6-69. Exceptions.
considered to be in the possession of the operator
of a vehicle if the container is not in the posses- (a) This division shall not apply to:
sion of a passenger and is not located in a locked
glove compartment, locked trunk or other locked (1) Any open container in a refrigerator in
nonpassenger area of the vehicle. An open con- the living area of a house trailer, travel
tainer shall be considered to be in the possession trailer,camping trailer,motorhome,camper
of a passenger of a vehicle if the container is in the and other similar type of facility that is
physical control of the passenger. An open con- primarily designed and constructed to pro-
tainer shall not be considered in the possession of vide temporary living quarters and uti-
a person if the open container is located in the lized for traveling and recreational pur-
refrigerator or other storage area of a motor home poses and that is equipped with
or recreational vehicle which is in excess of 21 feet refrigeration facilities.
in length.
(2) The possession of any open container con-
Vehicle means every device in, upon or by taining any alcoholic beverage by any
which any person or property is or may be trans- state-licensed beverage salesperson, ven-
ported or drawn upon a highway, except devices dor or agent,but only for purposes specif-
used exclusively upon stationary rails or tracks. ically related to his employment as a
(Code 1981, § 737.03; Ord. No. 5-93, § 1(737.03), salesperson, vendor or agent and only
4-6-93) during normal working hours for such
Cross reference—Definitions and rules of construction
generally, § 1-2. business.
Sec. 6-67. Policy and intent. (3) The possession of any open container con-
taining any alcoholic beverage by any
The city council finds that the consumption of duly ordained or authorized minister,pas-
alcoholic beverages while driving or riding in or tor, priest, rabbi or any other similarly
on a motor vehicle poses a grave and imminent designated person of any religious order,
hazard to the health, safety and welfare of the monastery, church or religious body, but
residents of the city and is in conflict with and of only for purposes specifically related to
the spirit of the beverage laws of the state. It the fulfillment of religious duties.
therefore is declared to be the policy of the city
that the consumption of alcoholic beverages and (4) The possession of any open container con-
the possession of any open container containing taining any alcoholic beverage by any law
alcoholic beverages while driving or riding in or enforcement officer and employee of a law
on a motor vehicle is prohibited. enforcement agency,but only while in the
(Code 1981, § 737.01) performance of lawful duties.
Sec. 6-68. Open containers prohibited. (5) The possession of any open container con-
taining any alcoholic beverage by any
It shall be unlawful for any person in any person engaged in picking up empty bev-
motor vehicle to possess, to have readily accessi- erage containers solely for the purpose of
ble or to transport or to allow others to possess,to collecting the deposit or value of such
have readily accessible or to transport any open containers.
Supp.No. 15 CD6:5
§6-69 CAPE CANAVERAL CODE
(6) The possession of any open container con-
taining any alcoholic beverage by any
person participating in a litter control or
pickup program.
(b) The exceptions stated in subsection (a) of
this section shall apply only to possession and
transportation of alcoholic beverages and open
containers, and not to drinking or consuming
alcoholic beverages.
(Code 1981, § 737.07)
Supp.No. 15 CD6:6
Chapter 26
ELECTIONS*
Sec. 26-1. State election code adopted.
Sec. 26-2. Penalties for violations.
Sec. 26-3. Qualifying period—Generally.
Sec. 26-4. Reserved.
Sec. 26-5. Early voting exemption.
*Cross reference—Election of the city council,§2-26.
State law reference—Florida election code,F.S.chs.97-106.
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ELECTIONS §26-5
Sec. 26-1. State election code adopted.
The state election code, F.S. chs. 97-106, is
adopted as the procedure for conducting munici-
pal elections within the city.The duties,authority
and responsibility of state and county officers,
board and bodies set forth in the state election
code shall apply to the corresponding municipal
entities in the conduct of municipal elections.
(Code 1981, § 211.01)
Sec. 26-2. Penalties for violations.
All penalties for violations as provided in the
state election code adopted in this chapter are
specifically adopted as the penalties for violations
of such code as they pertain to municipal elections
conducted within the city.
(Code 1981, § 211.02)
Sec. 26-3. Qualifying period—Generally.
The qualifying period for candidates for the
offices of the mayor and city council shall be at
any time after 12:00 noon of the 81st day prior to
the general election and no later than 12:00 noon
of the 67th day prior to the date of the general
election.
(Code 1981, § 211.04; Ord. No. 10-2002, § 1,
6-4-02; Ord. No. 08-2006, § 2, 6-20-06)
Sec. 26-4. Reserved.
Editor's note—Ord. No. 08-2006, § 2, adopted June 20,
2006,deleted§26-4,which pertained to same—write-in can-
didates and derived from Code 1981, §211.05; and Ord. No.
10-2002, §2,adopted June 4, 2002.
Sec. 26-5. Early voting exemption.
The city is hereby exempt from the early voting
provisions of F.S. § 101.657. From time to time,
the city may contract with the Brevard County
Supervisor of Elections to conduct early voting for
the city at the office of the supervisor of elections
and any other early voting sites the supervisor
may establish in public libraries,city halls,or any
other facilities approved by the supervisor.
(Ord. No. 17-2004, § 2, 10-5-04)
Editor's note—Ord. No. 17-2004, § 2, adopted Oct. 5,
2004, added § 26-4 to the Code. Inasmuch as said section
already existed, at the editor's discretion the new provisions
were codified as§26-5 to maintain the numerical sequence of
the Code.
Supp.No. 15 CD26:3
4
3
Chapter 50
OFFENSES AND MISCELLANEOUS PROVISIONS*
Sec. 50-1. State misdemeanor acts adopted,penalty.
Sec. 50-2. Reserved.
Sec. 50-3. Court costs for police education and training.
Sec. 50-4. Sleeping and camping in public areas and beaches.
*Cross references—Fireworks restrictions, §38-81 et seq.;law enforcement,ch.42.
State law references—Fines and forfeitures in county court payable to municipality, F.S. § 34.191; punishment for
misdemeanors,F.S. §§775.082, 775.083.
Supp.No. 15 CD50:1
« m<
-.
OFFENSES AND MISCELLANEOUS PROVISIONS §50-4
Sec. 50-1. State misdemeanor acts adopted, arrests made by the city police department. How-
penalty. ever, no such assessment shall be made against
any person convicted for violation of any statute
(a) It shall be unlawful to commit, within the or municipal or county ordinance relating to the
limits of the city, any act which is or shall be parking of vehicles.
recognized by the laws of the state as a misde (Code 1981, § 543.01)
meanor. The commission of such acts are prohib- Cross reference—Law enforcement, ch.42.
ited. State law reference—Authority to adopt, use of funds,
F.S. §943.25(13).
(b) Any person found guilty of violating any
act as provided in subsection (a) of this section Sec. 50-4. Sleeping and camping in public
shall be punished by the same penalty as pro areas and beaches.
vided by the laws of the state,but in no case shall
such penalty exceed that provided in section 1-15. (a) Intent and purpose. The public streets and
(Code 1981, §§ 601.01, 601.02) sidewalks, beach end streets, beach dune cross-
Case law reference—A municipality may enact an ordi- overs, beaches and parks within the corporate
nance which creates an offense against municipal law for the limits of the city should be readily accessible and
same act that constitutes an offense against state law.Jaramillo
v. City of Homestead, 322 So. 2d 496(Fla. 1975). available to residents and the public at large.The
A municipality by ordinance may adopt state misdemeanor intent and purpose of this section is to maintain
statutes by specific reference or by general reference,such as public streets, beach end streets, beach dune
that contained in an ordinance making it unlawful to commit, crossovers, beaches and parks within the corpo-
within city limits, any act which is or shall be recognized by rate limits of the city in a clean, safe and acces-
the laws of the state as a misdemeanor.Id.
An adoption by general reference of a misdemeanor statute sible condition and to prohibit the use of these
permits subsequent amendments,revisions and repeals of the areas in a manner that interferes with the rights
laws by the state legislature to apply to the municipal ordi- of others to use the areas for their intended
nances.Id. purpose. Further, it is the intent and purpose of
See also Hecht v. Shaw, 112 Fla. 762, 151 So. 333(1933); this section to conserve and protect the natural
McFarland v. Roberts, 74 So. 2d 88(Fla. 1954); and State v.
Smith, 189 So. 2d 846(Fla.4th D.C.A. 1966). resources and scenic beauty of the city, particu-
State law references—Penalty for violation of misde- larly the beaches and parks.
meanors, F.S. §§ 775.082, 775.083; discharging firearms in
public,F.S.§790.15.See also Fla. Stats.general index under (b) Findings. The city council hereby makes
heading "Fines and Civil Penalties" for listing of state law the following findings in support of this section:
misdemeanors.
(1) The city's beaches and parks are invalu-
Sec. 50-2. Reserved. able natural assets which are held in
trust by the city for recreational use by
Editor's note—Ord. No. 18-2003, § 2, repealed section residents and visitors alike.
50-2 which pertained to public nudity and derived from Code
1981, § 722.89. (2) The city's beaches and parks are intended
to be used solely for recreational purposes
Sec. 50-3. Court costs for police education and are not intended to be used for sleep-
and training. ing and camping during nighttime hours.
The city assesses the sum of$2.00 as a court In addition, the public streets and side
everywalks are intended to be used for unim-
cost against
person convicted for violation peded vehicular and pedestrian travel.
of a state, penal or criminal statute or convicted
for violation of a municipal or county ordinance in (3) The city's economic well-being is substan-
all cases in which the violation occurred within tially dependent on maintaining attrac-
the city. In addition, the sum of $2.00 shall be tive and inviting beaches and parks. Per-
deducted from every bond estreature or forfeited mitting persons to sleep upon city beaches
bail bond related to such penal statutes or ordi- and within city parks during nighttime
nances if such bond estreature or forfeited bail hours will negatively affect the appear-
bond arises from acts committed within the city or ance of the city's beaches and parks, will
Supp.No. 15 CD50:3
§50-4 CAPE CANAVERAL CODE
have a deleterious effect upon the quality (d) Prohibitions.The following prohibitions shall
of life enjoyed by the city's residents and apply within the corporate limits of the city:
visitors, and will require an unwarranted (1) It shall be unlawful for any person to
expenditure of city funds to provide for a sleep or camp upon public streets and
reasonably safe and healthy sleeping en sidewalks, beach end streets, and beach
vironment for those who may choose to dune crossovers.
sleep in such a fashion and to protect
those persons who may be using the city's (2) It shall be unlawful for any person to
beaches and parks for their intended pur- sleep upon any public beach and within
pose. any park between the hours of 9:00 p.m.
(4) Persons asleep on city beaches and within and 7:00 a.m. of the following day.
city parks during nighttime hours are (3) It shall be unlawful for any person to
exposed to the risk of harm from others or camp within any park or upon any public
from severe weather conditions. beach.
(5) Sleeping upon public streets and side- (4) It shall be unlawful for any person to
walks will interfere with and impede the sleep or camp upon any private beach or
public's right to travel upon the city's undeveloped lot without the permission of
transportation system and will expose per- the owner or person entitled to possession
sons to the risk of harm from vehicular of such private beach or lot.Notwithstand-
and pedestrian traffic. ing, no undeveloped parcel of land shall
be inhabited or occupied for purposes of
(6) Prohibiting persons from sleeping upon sleeping, eating, and habitation during
public streets and sidewalks, beach end the hours of 9:00 p.m. to 7:00 a.m. of the
streets, and beach dune crossovers and following day, unless such property is le-
prohibiting sleeping upon public beaches gally improved with a safe,standard struc-
and within parks during nighttime hours ture meeting all minimum ordinance re-
will promote the public health, safety and quirements.Further,this subsection shall
welfare. not be construed as authorizing open fires
(7) Prohibiting trespass on private beaches which are expressly prohibited by section
54-3 of the City Code.
and property serves a legitimate govern-
ment interest. (5) It shall be unlawful for any person to
misrepresent to an official or law enforce-
(c) Definitions. The following words used in ment officer that he or she has no home or
this section shall having the meaning defined permanent shelter in order to evade en-
herein: forcement and penalties provided by this
(1) Beach end streets shall mean a street section.
within the city that has as its east termi- (e) Signs. The city manager may order the
nus the Atlantic Ocean or the dune line erection of signs in and upon public beaches and
which runs north and south parallel to parks noticing the prohibitions and penalties set
the Atlantic Ocean. forth in this section.
(2) Camping shall mean sleeping or other- (f) Enforcement and penalties. Any person who
wise being in a temporary shelter located is observed engaging in any activity prohibited by
outdoors and/or using an outdoor place for this section shall vacate the particular place at
living accommodation purposes, as evi- issue upon the request of an authorized official or
denced by the use of tents, sleeping bags, law enforcement officer. The willful refusal to
bedrolls,blankets,luggage,backpacks,stor- vacate the area shall be subject to a penalty as
ing personal belongings, cookware, and provided in section 1-15 of the City Code. Exclud-
other camping like paraphernalia. ing situations when a person is trespassing upon
Supp.No. 15 CD50:4
OFFENSES AND MISCELLANEOUS PROVISIONS §50-4
private property, if a law enforcement officer or
other official encounters a person engaged in an
activity prohibited by this section and that person
volunteers that he or she has no home or perma-
nent shelter, that person must be given an oppor-
tunity to enter a homeless shelter or similar
facility, if available, or be placed on public prop-
erty where the city or Brevard County has autho-
rized camping or overnight sleeping. If no such
facility or public property is available, an arrest
may not be made. Situations involving trespass
upon private property shall be handled by law
enforcement in accordance with trespass laws.
(g) Exclusions. The prohibitions in this section
shall not apply to public shelters, public build-
ings, public parks or beaches, or public property
where the city or Brevard County has authorized
camping or overnight sleeping.
(Ord. No. 15-97, § 1, 12-2-97; Ord. No. 13-2005,
§ 2, 8-2-05)
Supp.No. 15 CD50:5
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Chapter 58
PLANNING*
Article I. In General
Secs. 58-1-58-25. Reserved.
Article II. Planning and Zoning Board
Sec. 58-26. Reserved.
Sec. 58-27. Reserved.
Sec. 58-28. Reserved.
Sec. 58-29. Reserved.
Sec. 58-30. Reserved.
Sec. 58-31. Reserved.
Sec. 58-32. Reserved.
Sec. 58-33. Reserved.
Sec. 58-34. Reserved.
Sec. 58-35. Reserved.
Sec. 58-36. Reserved.
Secs. 58-37-58-55. Reserved.
Article III. Local Planning Agency
Sec. 58-56. Designation and establishment.
Sec. 58-57. Duties and responsibilities.
Sec. 58-58. Designation of agency, department, committee or person to pre-
pare comprehensive plan.
*Cross references—Community development,ch.22;environment,ch.34;concurrency management system,ch.86;floods,ch.
90;signs, ch. 94;subdivisions,ch. 98;vegetation,ch. 102;wetlands protection, § 106-26 et seq.; zoning regulations,ch. 110; site
plans, § 110-221 et seq.
Supp.No. 15 CD58:1
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PLANNING §58-58
ARTICLE I. IN GENERAL Sec. 58-33. Reserved.
Editor's note-Ord. No. 12-2003, § 7, adopted July 1,
Secs. 58-1-58-25. Reserved. 2003,deleted§58-33,which pertained to minutes and derived
from Code 1981, §257.09.
ARTICLE II. PLANNING AND ZONING Sec. 58-34. Reserved.
BOARD* Editor's note-Ord. No. 11-2005, § 2, adopted June 21,
2005, deleted§ 58-34,which pertained to duties and derived
Sec. 58-26. Reserved. from Code 1981, §257.10.
Editor's note-Ord. No. 11-2005, § 2, adopted June 21, Sec 58-35. Reserved.
2005, deleted § 58-26, which pertained to established and
derived from Code 1981, § 257.01(C), (E), (F); and Ord. No. Editor's note-Ord. No. 17-2003, § 2, deleted § 58-35,
12-2003,§7,adopted July 1,2003. which pertained to master plan preparation and scope and
derived from Code 1981, §257.11.
Sec. 58-27. Reserved.
Sec. 58-36. Reserved.
Editor's note-Ord. No. 12-2003, § 7, adopted July 1,
2003, deleted § 58-27, which pertained to qualifications and Editor's note-Ord. No. 11-2005, § 2, adopted June 21,
derived from Code 1981, § 257.02 and Ord. No. 52-93, § 1, 2005,deleted§58-36,which pertained to indebtedness.
adopted Jan. 4, 1994.
Secs. 58-37-58-55. Reserved.
Sec. 58-28. Reserved.
Editor's note-Ord. No. 12-2003, § 7, adopted July 1, ARTICLE III. LOCAL PLANNING
2003, deleted§58-28,which pertained to ex officio members AGENCY
and derived from Code 1981, §§257.03 and 257.04.
Sec. 58-29. Reserved. Sec. 58-56. Designation and establishment.
Editor's note-Ord. No. 12-2003, § 7, adopted July 1, Pursuant to and in accordance with the provi-
2003, deleted § 58-29, which pertained to conflict of interest sions of chapter 163, Florida Statutes, the plan-
and derived from Code 1981, §257.05. ping and zoning board of the City of Cape
Canaveral, Florida is designated and established
Sec. 58-30. Reserved. as the local planning agency for the City of Cape
Editor's note-Ord. No. 12-2003, § 7, adopted July 1, Canaveral,Florida and shall be referred to as the
2003, deleted § 58-30,which pertained to rules of procedure local planning agency.
and derived from Code 1981, §257.06. (Code 1981, § 261.01; Ord. No. 31-94, § 1, 8-2-94;
Ord. No. 7-99, § 1, 6-15-99)
Sec. 58-31. Reserved.
Sec. 58-57. Duties and responsibilities.
Editor's note-Ord. No. 12-2003, § 7, adopted July 1,
2003,deleted§58-31,which pertained to quorum and derived The local planning agency shall perform such
from Code 1981,§257.07. duties as provided in accordance with the provi-
sions of F.S. §§ 163.3161-163.3211.
Sec. 58-32. Reserved. (Code 1981, § 261.02)
Editor's note-Ord. No. 12-2003, § 7, adopted July 1,
2003,deleted§58-32,which pertained to alternate members Sec. 58-58. Designation of agency, depart-
and derived from Code 1981, §257.08. ment,committee or person to pre-
pare comprehensive plan.
*Charter reference-Zoning and planning board, art.
XVI,§2. The city council, in cooperation with the local
Cross references-Boards,committees,commissions,§2- planning agency, may designate any agency, de-
171 et seq.;the beautification board shall coordinate activities
regarding landscaping, etc., with the planning and zoning tCross reference-Boards,committees,commissions,§2-
board,§2-185. 171 et seq.
Supp.No. 15 CD58:3
§58-58 CAPE CANAVERAL CODE
partment, committee or person to prepare the
comprehensive plan for the city or any element
thereof under the supervision and direction of the
local planning agency.
(Code 1981, § 261.03)
Supp.No. 15 CD58:4
Subpart B
LAND DEVELOPMENT CODE
Chapter 82
BUILDINGS AND BUILDING REGULATIONS*
Article I. General Administrative
Sec. 82-1. Proof of competency.
Sec. 82-2. Occupational license required for contractors.
Sec. 82-3. Building department.
Sec. 82-4. Employee qualifications.
Sec. 82-5. Restrictions on employees.
Sec. 82-6. Records.
Sec. 82-7. Liability.
Sec. 82-8. General.
Sec. 82-9. Right of entry.
Sec. 82-10. Stop work orders.
Sec. 82-11. Revocation of permits.
Sec. 82-12. Unsafe buildings or systems.
Sec. 82-13. Permitting and inspection.
Sec. 82-14. Permit intent.
Sec. 82-15. Schedule of permit fees.
Sec. 82-16. Additional data.
Sec. 82-17. Hazardous occupancies.
Sec. 82-18. Special foundation permit.
Sec. 82-19. Public right-of-way.
Sec. 82-20. Existing building inspections.
Sec. 82-21. Inspection service.
Sec. 82-22. Tests.
Sec. 82-23. Violations and penalties.
Secs. 82-24 82-30. Reserved
Article II. Building Code
Sec. 82-31. Florida Building Code adopted.
*Editor's note-Ord.No.06-2001,§§1,2,amended ch.82,arts.I-XIII.These articles also pertained to buildings and building
regulations and derived from the following: Code 1981, §§509.13, 547.01, 547.03, 611.07,612.01,612.03,612.05,612.07, 612.09,
612.11, 612.13, 612.15, 612.17, 612.19, 612.21, 612.23, 612.25, 612.27, 612.29, 613.02-613.04, 614.02, 614.03, 615.01, 615.02,
615.04, 617.01,617.19, 618.01, 618.03,618.04, 619.01-619.04,620.01-620.03, 623.01,623.07, 625.01-625.03,627.01-627.03;
Ord.No. 10-92,§§1(613.01),1(613.02),adopted Aug. 18,1992;Ord.No. 11-92,§1(614.02),adopted June 15,1993;Ord.No. 12-92,
§§ 1(615.01), 1(615.02),adopted Aug. 18, 1992;Ord.No. 13-92,§ 1,adopted Aug. 18, 1992;Ord.No.20-92,§§2,4,adopted Nov.5,
1992;Ord.No.13-93,§§1(613.01),1(613.02),adopted June 15,1993;Ord.No.15-93,§§1(615.01),1(615.02),adopted June 15,1993;
Ord.No. 18-93,§ 1(627.01),adopted June 15, 1993;Ord.No. 19-19, § 1,adopted Aug. 15, 1995;Ord.No. 19-95,§ 1,adopted Aug.
15, 1995;Ord.No. 20-95§ 1,adopted Aug.8, 1995;Ord.No.21-95, § 1,adopted Aug. 15, 1995;Ord.No. 22-95,§ 1,adopted Aug.
15,1995;Ord.No.23-95,§1,adopted Aug. 15, 1995;Ord.No.8-96,§1,adopted June 18, 1996;Ord.No.3-98,§ 1,adopted March
3, 1998;Ord.No.4-98, § 1,adopted March 3, 1998;Ord. No.5-98,§ 1,adopted March 3, 1998;Ord.No.6-98, § 1,adopted March
3, 1998;Ord.No. 7-98,§ 1,adopted March 3, 1998;Ord.No.8-98,§ 1,adopted March 3, 1998;Ord.No.9-98,§1,adopted March
3, 1998; and Ord.No. 10-98, § 1,adopted March 3, 1998.
Cross references-Code enforcement, ch. 2, art.VI; outdoor entertainment, § 10-46 et seq.; alarm systems, §30-26 et seq.;
environment, ch. 34; litter, § 34-26 et seq.; noise, § 34-151 et seq.; lighting regulations, § 34-206 et seq.; fire prevention and
protection, ch. 38; utilities, ch. 78; sanitary sewer system, § 78-26 et seq.; sanitary sewer system impact fees, § 78-121 et seq.;
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. 15 CD82:1
CAPE CANAVERAL CODE .11)
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. 15 CD82:2
BUILDINGS AND BUILDING REGULATIONS
Article XV. Citations;Unlicenced Contractors;Failure to Obtain
Building Permit
Sec. 82-375. Intent and purpose.
Sec. 82-376. Findings.
Sec. 82-377. Citation authorized for construction contracting violations.
Sec. 82-378. Citation form.
Sec. 82-379. Penalty.
Sec. 82-380. Refusal to sign citation.
Sec. 82-381. Stop work.
Sec. 82-382. Correction of violation;payment of penalty;notice of hearing.
Sec. 82-383. Administrative hearings;accrual of penalties.
Sec. 82-384. Appeals of code enforcement board decisions.
Sec. 82-385. Recording code enforcement board orders.
Sec. 82-386. Notices.
Secs. 82-387-82-399. Reserved.
Article XVI. Temporary Storage Units
Sec. 82-400. Temporary storage units.
Supp.No. 15 CD82:2.1
O
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BUILDINGS AND BUILDING REGULATIONS §82-18
purpose in a manner exhibiting wanton and will- paid as required at the time of filing application,
ful disregard of the safety, health and welfare of in accordance with appendix B of the City of Cape
the public. Canaveral Code.
(Ord. No. 06-2001, § 1, 12-4-01) (Ord. No. 06-2001, § 1, 12-4-01)
Sec. 82-16. Additional data.
Sec. 82-14. Permit intent.
The building official shall be allowed to require
A permit issued shall be construed to be a details,computations, stress diagrams, and other
license to proceed with the work and not as data necessary to describe the construction or
authority to violate, cancel, alter or set aside any installation and the basis of calculations. All
of the provisions of the technical codes, nor shall drawings, specifications and accompanying data
issuance of a permit prevent the building official required by the building official to be prepared by
from thereafter requiring a correction of errors in an architect or engineer shall be affixed with their
plans, construction, or violations of this code. official seal.
Every permit issued shall become invalid unless (Ord. No. 06-2001, § 1, 12-4-01)
the work authorized by such permit is commenced Sec. 82-17. Hazardous occupancies.
within six months after its issuance, or if the
work authorized by such permit is suspended or The building official may require the following:
abandoned for a period of six months after the (1) General site plan. A general site plan
time work is commenced. The permit shall be- drawn at a legible scale which shall in-
come invalid after three years from the date of its dude,but not be limited to,the location of
issuance in zoning districts of the city, unless the all buildings, exterior storage facilities,
building or buildings subject to the permit have permanent access ways,evacuation routes,
exteriors and landscaping which are in substan- parking lots,internal roads,chemical load-
tial compliance with the plans and specifications ing areas,equipment cleaning areas,storm
and comply with the provisions of section 34-96, and sanitary sewer accesses, emergency
section 34-97, subsections 34-98(3)—(9), and(11), equipment and adjacent property uses.
section 34-99, and section 34-122 of the City Code The exterior storage areas shall be iden-
of Ordinances. Extensions of time for building tified with the hazard classes and the
permits may be granted only by the city council. maximum quantities per hazard class of
Further, any unfinished buildings or structures hazardous materials stored.
for which a permit has lapsed or otherwise be- (2) Building floor plan. A building floor plan
come invalid, and where the appearance and drawn to a legible scale, which shall in-
other conditions of such unfinished building or dude,but not be limited to, all hazardous
structure substantially detracts from the appear- materials storage facilities within the build-
ance of the immediate neighborhood, or reduces ing and shall indicate rooms, doorways,
the value of property in the immediate neighbor- corridors,exits,fire-rated assemblies with
hood, or is a nuisance shall be deemed to be a their hourly ratings, location of liquid-
violation of the above referenced code sections, tight rooms, and evacuation routes. Each
which violation may be enforced by the code hazardous materials storage facility shall
enforcement board. be identified on the plan with the hazard
(Ord. No. 06-2001, § 1, 12-4-01) classes and quantity range per hazard
class of the hazardous materials stored.
Sec. 82-15. Schedule of permit fees. (Ord. No. 06 2001, § 1, 12-4-01)
On all buildings, structures, electrical, plumb Sec. 82-18. Special foundation permit.
ing, mechanical and gas systems or alterations When application for permit to erect or enlarge
requiring a permit, a fee for each permit shall be a building has been filed and pending issuance of
Supp.No. 15 CD82:5
§82-18 CAPE CANAVERAL CODE
such permit, the building official may, at his shall not be based on such reports unless the
discretion, issue a special permit for the founda- same are in writing and certified by the building
tion only. The holder of such a special permit is code inspector or the architect or engineer per-
proceeding at his or her own risk and without forming building code inspections. The building
assurance that a permit for the remainder of the official shall ensure that all persons making such
work will be granted or that corrections will not inspections shall be certified in accordance to F.S.
be required in order to meet provisions of the ch. 468.
technical codes. (Ord. No. 06-2001, § 1, 12-4-01)
(Ord. No. 06-2001, § 1, 12-4-01)
Sec. 82-22. Tests.
Sec. 82-19. Public right-of-way. For products not covered under the statewide
A permit shall not be given by the building product evaluation and approval system,the build-
official for the construction of any building, or for ing official may require tests or test reports as
the alteration of any building where said building proof of compliance.Required tests are to be made
is to be changed and such change will affect the at the expense of the owner, or his agent, by an
exterior walls, bays, balconies, or other append- approved testing laboratory or other approved
ages or projections fronting on any street, alley or agency.
public lane, or for the placing on any lot or (Ord. No. 06 2001, § 1, 12-4-01)
premises of any building or structure removed Sec. 82-23. Violations and penalties.
from another lot or premises,unless the applicant
has made application for right-of-way permits Any person, firm, corporation or agent who
from the authority having jurisdiction over the shall violate a provision of this code, or fail to
street, alley or public lane. comply therewith, or with any of the require-
(Ord. No. 06-2001, § 1, 12-4-01) ments thereof,or who shall erect,construct, alter,
install, demolish or move any structure, electri-
Sec. 82-20. Existing building inspections. cal, gas, mechanical or plumbing system, or has
erected, constructed, altered, repaired, moved or
Before issuing a permit, the building official demolished a building, structure, electrical, gas,
may examine or cause to be examined any build- mechanical or plumbing system, in violation of a
ing, electrical, gas, mechanical, or plumbing sys- detailed statement or drawing submitted and
tems for which an application has been received permitted there under, shall be guilty of a misde-
for a permit to enlarge,alter,repair,move,demol- meanor of the second degree punishable under
ish,install,or change the occupancy.The building section 1-15 of the City of Cape Canaveral Code of
official shall inspect all building structures, elec- Ordinances.Each such person shall be considered
trical, gas, mechanical and plumbing systems, guilty of a separate offense for each and every day
from time to time, during and upon completion of or portion thereof during which any violation of
the work for which a permit was issued. He shall any of the provisions of this code is committed or
make record of every such examination and in- continued, and upon conviction of any such viola-
spection and of all violations of the technical tion such person shall be punished within the
codes. limits and as provided by Florida laws.
(Ord. No. 06-2001, § 1, 12-4-01)
Sec. 82-21. Inspection service.
Secs. 82-24-82-30. Reserved.
The building official may make, or cause to be
made, the inspections required by the Florida
Building Code. He or she may accept reports of ARTICLE II. BUILDING CODE
inspectors of recognized inspection services, pro Sec. 82-31. Florida Building Code adopted.
vided that after investigation he is satisfied as to
their licensure qualifications and reliability. A The Florida Building Code 2004 edition, as
certificate required by any provision of this code may be amended from time to time, as published
Supp.No. 15 CD82:6
BUILDINGS AND BUILDING REGULATIONS §82-33
by the Florida Building Commission, shall be Sec. 82-33. Appeals.
known as the City of Cape Canaveral Building (a) Decisions of the building official. The owner
Code and is hereby adopted by reference and of a building, structure or service system, or his
incorporate herein as if fully set out. duly authorized agent, may appeal a decision of
(a) Board of adjustment and appeals. The the building official to the construction board of
construction board of adjustment and ap- adjustment and appeals whenever any one of the
peals shall serve as the board of adjust following conditions are claimed to exist:
ment and appeals for this Code. (1) The building official rejected or refused to
approve the mode or manner of construc-
(b) Wind speed zone: All of the city as de- tion proposed to be followed or materials
scribed within the City Charter, article I, to be used in the installation or alteration
section 2,is in the wind speed zone of 130 of a building, structure or service system.
mph, three-second gust.
(2) The provisions of this code do not apply to
(c) Wind exposure category. All of the city as this specific case.
described within the City Charter, article (3) That an equally good or more desirable
I, section 2, is in the wind exposure cate- form of installation can be employed in
gory exposure "C." any specific case.
(d) Wind borne debris region. All of the city as (4) The true intent and meaning of this code
described within the City Charter, article or any of the regulations thereunder have
I, section 2, is in the wind borne debris been misconstrued or incorrectly inter-
region. preted.
(Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12-2005,
§ 2, 10-4-05) (b) Variances.The construction board of adjust-
ments and appeals,when so appealed to and after
a hearing, may vary the application of any provi-
Sec. 82-32. Establishment of construction sion of this code to any particular case when,in its
board of adjustment and appeals. opinion, the enforcement thereof would do mani-
fest injustice and would be contrary to the spirit
There is hereby established a board to be called and purpose of this or the technical codes or
the construction board of adjustment and ap- public interest, and also finds all of the following:
peals, which shall consist of five members. (1) That special conditions and circumstances
(a) Composition. Members of the construe- exist which are peculiar to the building,
tion board of adjustment and appeals structure or service system involved and
should be composed of individuals with which are not applicable to others.
knowledge and experience in the techni- (2) That the special conditions and circum-
cal codes, such as design professionals, stances do not result from the action or
contractors or building industry represen- inaction of the applicant.
tatives.
(3) That granting the variance requested will
(b) Powers. The construction board of adjust- not confer on the applicant any special
ments and appeals shall have the power, privilege that is denied by this code to
as further defined in section 82-33, to other buildings, structures or service sys-
hear appeals of decisions and interpreta- tem.
tions of the building official and consider (4) That the variance granted is the mini-
variances of the technical codes. mum variance that will make possible the
(Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12-2003, reasonable use of the building, structure
§ 8, 7-1-03) or service system.
Supp.No. 15 CD82:7
§82-33 CAPE CANAVERAL CODE
(5) That the granting of the variance will be sent by mail or otherwise to the appellant and a
in harmony with the general intent and copy shall be kept publicly posted in the office of
purpose of this code and will not be detri- the building official for two weeks after filing.
mental to the public health, safety and Every decision of the board shall be final, subject
general welfare. however to such remedy as any aggrieved party
might have at law or in equity.
(c) Conditions of the variance. In granting the (Ord. No. 06-2001, § 1, 12-4-01)
variance, the board may prescribe a reasonable
time limit within which the action for which the
variance is required shall be commenced or com- Secs. 82-35-82-55. Reserved.
pleted or both. In addition, the board may pre-
scribe appropriate conditions and safeguards in ARTICLE III. UNSAFE BUILDING
conformity with this code. Violation of the condi- ABATEMENT CODE
tions of a variance shall be deemed a violation of
this code. Sec. 82-56. Standard Unsafe BuildingAbate-
(d) Notice of appeal. Notice of appeal shall be ment Code adopted.
in writing and filed within 30 calendar days after The Standard Unsafe Building Abatement Code,
the decision is rendered by the building official. 1985 edition,as published by the Southern Build-
Appeals shall be in a form acceptable to the ing Code Congress International, Inc., is hereby
building official. adopted by reference and incorporated herein as
(e) Unsafe or dangerous buildings or service if fully set. The Standard Unsafe Building Abate-
systems. In the case of a building, structure or ment Code is hereby amended to read as follows:
service system which, in the opinion of the build- (a) Section 105.1. The construction board of
ing official, is unsafe, unsanitary or dangerous, adjustment and appeals shall serve as the
the building official may, in his order, limit the board of adjustment and appeals for this
time for such appeals to a shorter period. code.
(Ord. No. 06-2001, § 1, 12-4-01)
(b) Section 605. Cost of repair or demolition;
Sec. 82-34. Procedures of the board. lien on property: collection.
1. Upon repair or demolition of any
(a) Rules and regulations. The board shall building or structure, either with
establish rules and regulations for its own proce- city crews or by independent contrac-
dure not inconsistent with the provisions of this tor, all costs of demolition and/or
code.The board shall meet on call of the chairper- repair shall be assessed against and
son. The board shall meet within 30 calendar constitute a lien on the property
days after notice of appeal has been received. upon which the building or structure
(b) Decision. The construction board of adjust- is/was situated. The lien shall be
ment and appeals shall, in every case, reach a equal in rank, priority and dignity
decision without unreasonable or unnecessary with the lien of Brevard County ad
delay. Each decision of the board shall also in- valorem taxes and shall be superior
dude the reasons for the decision. If a decision of to all other liens, encumbrances, ti
the board reverses or modifies a refusal, order, or tles and claims in, to or against the
disallowance of the building official or varies the property. Cost shall include, but not
application of any provision of this code, the limited to, administrative cost,
building official shall immediately take action in attorneys fees, postage, newspaper
accordance with such decision. Every decision publication fees and actual costs of
shall be promptly filed in writing in the office of physical removal and/or repair.
the building official and shall be open to public 2. The city clerk shall file such lien in
inspection.A certified copy of the decision shall be the public records of Brevard County
Supp.No. 15 CD82:8
BUILDINGS AND BUILDING REGULATIONS §82-220
Florida, showing the nature of the 60 or section 90-26 et seq. pertaining to flood
lien, the amount thereof, a legal de- damage prevention, whichever is more restric-
scription of the property and the tive.
owner thereof. Such liens shall bear (Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12-2005,
interest from the date of filing at the § 2, 10-4-05)
highest rate allowed by law.
3. The lien may be enforced in the Sec. 82-89. Design conditions.
same manner as a court judgment by Velocity pressure. Major structures, except mo-
the sheriffs of the State of Florida, bile homes, shall be designed in accordance with
including levy against personal prop chapter 16 of the building code adopted in section
erty, and may also be foreclosed in 82-31.
the nature of a mortgage. All costs (Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12-2005,
and attorney's fees incurred in col-
§ 2, 10-4-05)
lection of amounts due under any
such lien shall also be secured by the
property and included within the Secs. 82-90-82-115. Reserved.
total sum due under the lien.
(Ord. No. 06-2001, § 1, 12-4-01)
ARTICLE V. RESERVED*
Secs. 82-57-82-87. Reserved.
Secs. 82-116-82-145. Reserved.
ARTICLE IV. COASTAL CONSTRUCTION
CODE ARTICLE VL RESERVEDt
Sec. 82-88. Structural requirements for ma- Secs, 82-146-82-170. Reserved.
jor structures.
(a) Design and construction. Major structures, ARTICLE VII. RESERVED$
except for mobile homes, shall be designed and
constructed in accordance with chapter 16 of the
building code adopted in section 82-31 using a Secs. 82-171-82-195. Reserved.
three-second gust at 130 miles per hour. Major
structures, except mobile homes, shall also com ARTICLE VIII. RESERVED**
ply with the applicable standards for construction
found elsewhere in this code.
Secs. 82-196-82-220. Reserved.
(b) Mobile homes. Mobile homes shall conform
to the federal mobile home construction and safety *Editor's note-Ord. No. 12-2005, § 3, adopted Oct. 4,
standards or the Uniform Standards Code ANSI 2005,repealed art.V,which pertained to electrical and derived
A 119.1, pursuant to F.S. § 320.823, as well as from Ord.No.06-2001, § 1,adopted Dec.4, 2001.
tEditor's note-Ord. No. 12-2005, § 3, adopted Oct. 4,
subsection (c) of this section. 2005, repealed art. VI, which pertained to plumbing and
derived from Ord.No. 06-2001, § 1,adopted Dec.4,2001
(c) Elevation,floodproofing and siting. All ma- #Editor's note-Ord. No. 12-005, § 3, adopted Oct. 4,
i 2005,repealed art.VII,which pertained to fuel gas.
jor structures shall be designed, constructed and **Editor's note-Ord. No. 12-2005, § 3, adopted Oct. 4,
located in compliance with the national flood 2005, repealed art. VIII,which pertained to mechanical and
insurance regulations as found in 44 CFR 59 and derived from Ord.No. 06-2001,§ 1,adopted Dec.4,2001.
Supp.No. 15 CD82:9
§82-221 CAPE CANAVERAL CODE
ARTICLE IX. INTERNATIONAL
PROPERTY MAINTENANCE CODE
Sec. 82-221. International Property Mainte-
nance Code adopted.
The International Property Maintenance Code,
1998 edition, as published by the International
Code Council,is hereby adopted by reference and
incorporated herein as if fully set out.
The Construction Board of Adjustment and
Appeals shall serve as the Property Maintenance
Board of Adjustment and Appeals for this article.
(Ord. No. 06-2001, § 2, 12-4-01)
Secs. 82-222-82-232. Reserved.
ARTICLE X. RESERVED*
Sec. 82-233. Reserved.
*Editor's note—Ord. No. 12-2005, § 3, adopted Oct. 4,
2005, repealed art. X, which pertained to existing Standard
Building Code and derived from Ord.No.06-2001,§2,adopted
Dec.4,2001.
Supp.No. 15 CD82:10
Chapter 98
SUBDIVISIONS*
Article I. In General
Sec. 98-1. Definitions.
Sec. 98-2. Purpose.
Sec. 98-3. Powers of planning and zoning board.
Sec. 98-4. Variance.
Sec. 98-5. Appeals and arbitrations.
Sec. 98-6. Remedies.
Secs. 98-7-98-30. Reserved.
Article II. Plats
Division 1. Generally
Secs. 98-31-98-35. Reserved.
Division 2. Preapplication
Sec. 98-36. Submittal and review procedures.
Secs. 98-37-98-40. Reserved.
Division 3. Preliminary Plat
Sec. 98-41. Information required.
Sec. 98-42. Topographic data.
Sec. 98-43. Scale;proposals.
Sec. 98-44. Other preliminary plans.
Sec. 98-45. City review.
Sec. 98-46. Planning and zoning board and city council review.
Sec. 98-47. Time limit.
Secs. 98-48-98-55. Reserved.
Division 4. Final Plat
Sec. 98-56. Conformance to preliminary plat.
Sec. 98-57. Number of copies.
Sec. 98-58. Data required for final approval.
Sec. 98-59. Documents required prior to approval.
Sec. 98-60. Application for approval.
Sec. 98-61. Recommendations of planning and zoning board.
Sec. 98-62. Recording.
Secs. 98-63-98-65. Reserved.
Article III. Construction
Division 1. Generally
Secs. 98-66-98-68. Reserved.
*Cross references-Code enforcement,ch.2,art.VI;planning,ch.58;floods,ch.90;stormwater management,§90-116 et seq.
State law reference-Plats and platting,F.S.ch. 177.
Supp.No. 15 CD98:1
CAPE CANAVERAL CODE
Division 2. Permit
Sec. 98-69. Required;penalty.
Sec. 98-70. Procedure.
Sec. 98-71. Submission of construction plans and specifications.
Sec. 98-72. Review.
Sec. 98-73. Approval of plans and specifications.
Sec. 98-74. Master survey point.
Sec. 98-75. Issuance.
Sec. 98-76. Term;revocation.
Secs. 98-77-98-79. Reserved.
Division 3. Inspections;Certificate of Completion
Sec. 98-80. Inspections.
Sec. 98-81. Submission of data.
Sec. 98-82. Notification.
Sec. 98-83. Issuance of certificate of completion.
Secs. 98-84, 98-85. Reserved.
Article IV. Improvements
Division 1. Generally
Sec. 98-86. Development and enforcement of regulations.
Sec. 98-87. Permanent markers.
Sec. 98-88. Elevation.
Sec. 98-89. Water supply.
Sec. 98-90. Sewers.
Sec. 98-91. Drainage.
Sec. 98-92. Streets.
Sec. 98-93. Boundary line survey.
Sec. 98-94. Final acceptance of work.
Secs. 98-95-98-105. Reserved.
Division 2. Design Standards
Sec. 98-106. Blocks.
Sec. 98-107. Lots.
Sec. 98-108. Easements.
Sec. 98-109. Public sites and open spaces.
Sec. 98-110. Alleys.
Sec. 98-111. Surface and storm drainage.
Sec. 98-112. Potable water systems.
Sec. 98-113. Sanitary sewer system.
Sec. 98-114. Streets,roads and alleys-Generally.
Sec. 98-115. Same-Technical specifications.
Sec. 98-116. Bridges.
Sec. 98-117. Canals.
Sec. 98-118. Bulkheads or retainer walls.
Sec. 98-119. Street names.
Supp.No. 15 CD98:2
SUBDIVISIONS §98-58
on the improved tract. All elevations shall be Sec. 98-47. Time limit.
based on the N.G.V.D. of 1929. In addition, at the
discretion of the planning and zoning board, a The city council's approval of a preliminary
traffic impact survey or analysis may be required. plat shall be valid for a period of six months.If an
(Code 1981, § 503.07(C); Ord. No. 22-93, applicant has not obtained a construction permit,
§ 1(503.07(C)), 7-6-93) been granted one six-month extension of time by
the city council on a demonstration of good cause,
Sec. 98-45. City review or made final plat approval within six months of
(a) Upon the documents required under this the city council's preliminary plat approval, the
division being presented to the city, the building preliminary plat approval shall be revoked and
official shall review and forward to the city engi the applicant must re apply under the provisions
neer a copy of the location map,topographic map, of this chapter.
preliminary plat and such other documents as he (Ord. No. 22 93, § 1(503.04(D)), 7-6-93; Ord. No.
deems appropriate to enable the city engineer to 07-2006, § 2, 6-20-06)
review the subdivision and either approve the
subdivision or point out areas that are inadequate Secs. 98-48-98-55. Reserved.
or improper. The city attorney shall review the
protective covenants,articles of incorporation and DIVISION 4. FINAL PLAT
bylaws and shall make recommendations, if nec-
essary.
Sec. 98-56. Conformance to preliminary plat.
(b) Within ten days, the city engineer will
return in writing all comments,recommendations The subdivision final plat shall conform sub-
and questions to the applicant. The applicant stantially to the preliminary plat, as approved by
shall then have ten working days to comply with the planning and zoning board, and if desired by
the city engineer's written request and submit the the subdivider,it may constitute only that portion
information as corrected and/or modified to the of the approved preliminary plat which he pro-
city. poses to record and develop at the time;provided,
(Code 1981, § 503.03(B); Ord. No. 22-93, however,that such portion conforms to all require-
§ 1(503.04(B)), 7-6-93) ments of this chapter.
(Code 1981, § 503.05(A)(1); Ord. No. 22-93,
Sec. 98-46. Planning and zoning board and § 1(503.05(A)(1)), 7-6-93)
city council review.
(a) The planning and zoning board shall re- Sec. 98-57. Number of copies.
view the subdivision preliminary plat and other
material submitted for conformity with this Code Nine copies of the subdivision final plat exhib-
and may negotiate on changes deemed advisable its required for approval under this division shall
and shall recommend, in writing, its approval or be prepared as specified by this chapter and by
disapproval to the city council within 30 days.All state statute.
recommendations, conditions and changes shall (Code 1981, § 503.05(A)(3); Ord. No. 22-93,
be noted on two copies of the preliminary plat by § 1(503.05(A)(3)), 7-6-93)
the chairman of the board or designated represen-
tative. Sec. 98-58. Data required for final approval.
(b) Upon receipt of the planning and zoning The subdivision final plat shall be drawn by
board's recommendation,the city council, at their the subdivider to conform to the requirements of
next regularly scheduled meeting, shall vote to the city council and the board of county commis-
either accept or reject the board's recommenda- sioners for approval and filing with the county
tion. clerk.Six transparencies or printable copies of the
(Code 1981, § 503.03(C); Ord. No. 22-93, final recorded plat shall be prepared by the sub-
§ 1(503.04(C)), 7-6-93; Ord. No. 07-2006, § 2, divider for the records of the city and shall be
6-20-06) submitted to the city clerk with all appropriate
Supp.No. 15 CD98:11
§98-58 CAPE CANAVERAL CODE
fees to enable the city clerk to record the docu- dard scales and elevations and shall be
ments in the public records of the county. The based on a datum plane approved by the
final plat shall show the following: city engineer.
(1) Primary control points or descriptions and (Code 1981, § 503.08(A)(1)—(14), (B); Ord. No.
ties to such control points, to which all
22-93, § 1(503.08(A)(1)—(14), (B)), 7-6-93)
dimensions, angles, bearings and similar
data on the plat shall be referred. Sec. 98-59. Documents required prior to ap-
proval.
(2) Tract boundary lines,right-of-way lines of
streets, easements and other rights-of- The following items shall be required before
way and property lines of residential lots subdivision final plat approval can be granted:
and other sites, with accurate dimen-
sions, bearings or deflection angles and (1) A certificate from the city engineer certi-
radii,arcs and central angles of all curves. fying the proposed subdivision is accept-
(3) Name and right-of-way width of each street able.
or other right-of-way. (2) Either an irrevocable letter of credit, per-
(4) Location, dimension and purpose of any formance bond or certified check which
easement. will enable all unfinished improvements
to be accomplished by the city, if need be.
(5) Number to identify each lot and block.
record-
(6) Purpose to which sites are dedicated or (3) Protective covenants in form for
ing, if required.
reserved.
(7) Minimum building setback line on all lots (4) Certification of approval by the board
and other sites. council.
(8) Location and description of monuments. (5) Other data as may be necessary which
(9) Names of record owners of adjoining shall be determined by the planning and
unplatted land, at the option of the plan- zoning board.
ning and zoning board. (Code 1981, §§ 503.05(B), 503.08(A)(15); Ord. No.
22-93, § 1(503.05(A)(15), (B)), 7-6-93)
(10) Reference to recorded subdivision plats of
adjoining platted land by record name, Sec. 98-60. Application for approval.
date and number.
(11) Certification by registered surveyor or Application shall be made for subdivision final
registered engineer certifying to accuracy plat approval a minimum of two weeks prior to
of the survey or plat. the meeting at which it is to be considered.
(Code 1981, § 503.05(A)(2); Ord. No. 22-93,
(12) Certification of title showing that appli- § 1(503.05(A)(2)), 7-6-93)
cant is the land owner.
(13) Dedication statement by owner dedicat- Sec. 98-61. Recommendations of planning
ing streets,rights-of-way,including water- and zoning board.
ways and all sites for public use.
(14) Title, scale, north arrow and date on each When all requirements under this division have
sheet. been satisfied,the planning and zoning board will
vote to recommend approval or disapproval of the
(15) Cross sections and profiles of streets,show- subdivision final plat, and these recommenda-
ing grades approved by the city engineer. tions will be submitted to the city council at the
The profiles shall be drawn to city stan- next regularly scheduled council meeting. The110
Supp.No. 15 CD98:12
SUBDIVISIONS §98-61
city council shall vote, in resolution form, to
either accept or reject the board's recommenda-
tion.
(Code 1981, § 503.05(C); Ord. No. 22-93,
§ 1(503.05(C)), 7-6-93)
Supp.No. 15 CD98:12.1
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0
•
Chapter 102
VEGETATION*
Article I. In General
Secs. 102-1-102-25. Reserved.
Article IL Tree Protection
Division 1. Generally
Secs. 102-26-102-35. Reserved.
Division 2. Land Clearing
Sec. 102-36. Definitions.
Sec. 102-37. Title; applicability; intent and purpose; small-scale residential
dwelling exemption.
Sec. 102-38. Enforcement and penalties.
Sec. 102-39. Permits.
Sec. 102-40. Permit criteria;exemptions;standards of review.
Sec. 102-40.5. Small scale residential land clearing requirements.
Sec. 102-41. Specimen trees.
Sec. 102-42. Special waiver provision.
Sec. 102-43. Tree replacement guidelines.
Sec. 102-44. Prohibitions.
Sec. 102-45. Minimum tree requirement.
Sec. 102-46. Tree protection during development and construction; periodic
inspection.
Sec. 102-47. Voluntary tree planting.
Sec. 102-48. Waivers; incentive program; administrative interpretation ap-
peals;incentive program.
Sec. 102-49. Remedial action.
Sec. 102-50. Open burning of natural cover.
Sec. 102-51. Rules and regulations and fees for implementing this division.
Sec. 102-52. List of desirable species and plants.
Sec. 102-53. List of undesirable species.
Sec. 102-54. Preferred plant list.
*Cross references—Code enforcement, ch. 2, art. VI; environment, ch. 34; requirements for landscape appearance and
maintenance, §34-99;weeds and dead vegetation,§34-121 et seq.;planning,ch.58;solid waste,ch. 62.
Supp.No. 15 CD102:1
O
O
0
VEGETATION § 102-36
ARTICLE I. IN GENERAL Land clearing means the disturbance or re-
moval of vegetation from any site, parcel or lot
Secs. 102-1-102-25. Reserved. using backhoes, bulldozers, root rakes, or similar
mechanical means which may kill or damage
roots, branches, or trunks; provided, however, it
ARTICLE II. TREE PROTECTION does not include routine mowing, sod replace-
ment,planting of landscape material,shrub prun-
DIVISION 1. GENERALLY ing, and shrub removal, and tree trimming or
pruning, which does not result in grade changes.
Secs. 102-26-102-35. Reserved. Land clearing permit shall mean a permit
issued by the building official under this division
DIVISION 2. LAND CLEARING* which authorizes land clearing and/or tree re-
moval activities.
Sec. 102-36. Definitions. Mangrove means any specimen of the species
The following words, terms and phrases,when avicennia germinans (black mangrove),
laguncularia racemosa (white mangrove) or
used in this division, shall have the meanings rhizophora mangle (red mangrove).
ascribed to them in this section, except where the
context clearly indicates a different meaning: Native vegetation means plant material indig-
Building official. The building official of the enous to the city,including all those species listed
in but not limited to those in section 102-52.
city and his or her designee.
Caliper. Measurement of a tree 12 inches from
Person includes any individual, firm, corpora-
soil level. tion, partnership,joint venture association, prin-
cipal,trustee,government, or any agent or repre-
Crown. The mass of branches,twigs and leaves sentative thereof.
at the top of a tree,with particular reference to its
Protected barrier.A polygon of two inches x four
shape. inches wide stakes spaced a maximum of eight
Desirable species(trees/plants).Trees and plants feet from each other at the perimeter of the tree
adaptive to the climate and soil of the city and protection zone and which extend out of the
identified in section 102-52 of this division, as ground at least 36 inches,with the top four inches
may be amended by the city council by ordinance marked by fluorescent orange paint or tape.
or rule promulgated pursuant to section 102-51 of Recognized knowledgeable person means a per
this division. son recognized by the city as being knowledgeable
Diameter at breast height (dbh) means the in the identification and evaluation of vegetative
diameter of a trunk of a tree or the sum of the resources, such as a forester, biologist, ecologist,
stems of a multistemmed tree,measured four and horticulturalist,landscape architect,licensed land-
one-half feet above natural or finish grade. scape contractor, certified nurseryman or person
having similar recognizable skills and experience.
Dripline means an imaginary vertical line run-
ning through the outermost portion of the tree Silviculture means a process, following accept-
crown extending to the ground. able forest-management principles, whereby the
crops constituting forests are tended, harvested
*Editor's note—Ordinance No. 05-2005, § 2, adopted and reproduced.
April 19, 2005, amended div. 2 in its entirety and enacted
similar provisions as set out herein.The former div.2 derived Specimen tree means a tree having a caliper of
from Code 1981, §§ 657.01, 657.03, 657.05, 657.07, 657.09, 24 inches or more in diameter. Specimen trees
657.11, 657.13, 657.15, ch. 657, app. A; Ord., No. 28-94,
§§ 3-5, adopted July 19, 1994; and Ord. No. 13 98, § 1, shall not include undesirable, dead, or diseased
adopted March 17, 1998. trees, or trees that are structurally unsound and
Cross reference—Solid waste,ch. 62. cannot recover from pruning.
Supp.No. 15 CD 102:3
§ 102-36 CAPE CANAVERAL CODE
Transplant means the act of relocating an (b) Applicability. This division shall be appli-
existing tree upon the same lot. cable to all land lying in the incorporated area of
Tree means a woody or fibrous perennial plant the city, except for residential dwelling units as
with one or more upright limbs with a minimum specifically set forth in subsection (e) below.
dbh of four inches, or a sum of dbh of four inches (c) Intent. The intent of this division is to
for multistemmed trees and an average mature encourage the protection of the maximum num-
height of at least ten feet. ber of viable trees listed in the desirable species
Tree removal includes any act which physically list. It is further the intent of this division to
removes the tree or its root system from the earth encourage the protection of trees native to central
or causes a tree to die within a period of two years Florida and to encourage proper removal of ex-
from the time of the act including,but not limited otic,pest trees.To this end,it shall be unlawful to
to, by cutting, girdling, relocating, interfering cut down,damage,poison,or in any other manner
with the water supply,applying chemicals,regrad- destroy or cause to be destroyed any tree or other
ing around the base of the tree trunk. vegetation as covered by the provisions of this
division except in accordance with the provisions
Tree protection zone means the area located set forth herein. Notwithstanding, in the case of
around the perimeter of the dripline of a tree in emergencies involving natural disaster such as,
which no activity such as clearing, filling, exca- but not limited to, flood, freeze or other natural
vating, storage of materials, parking of vehicles, disasters, the requirements of this division may
or any other activity that in the opinion of the be temporarily waived by the city council by
building official may damage the tree. At the resolution.
discretion of the building official, the tree protec-
tion zone may be reduced for trees located on (d) Purpose. The purpose of this division is to
small lots in order to reasonably protect the tree establish regulations for trees within the city in
and facilitate construction on said lot. order to maintain and protect the city forest, to
Tree replacement credit means the tree replace- better control problems of flooding, soil conserva-
tion,credit offered to a person for replacing trees tion, air pollution and noise, and to make the city
removed or destroyed in accordance with this a healthier, more attractive and safer place in
division with preferred plant material. The tree which to live.
replacement credit shall be established by the city (e) Small scale residential dwelling exemption.
council and set forth in section 102-54. All land that contains an existing residential
Undesirable species means any of the species single-family dwelling unit or duplex or triplex,or
identified in section 102-53. which is subject to a city development order
authorizing the construction of a new residential
Understory means an underlying layer of low single-family dwelling unit,duplex or triplex,or a
native vegetation usually associated with trees. subdivision with three or less single-family dwell-
Vegetation means any plant material,including ing units shall be subject to the provisions set
but not limited to trees, shrubs, vines, herbs and forth in section 102-40.5 of this Code.
grasses. (Ord. No. 05-2005, § 2,4-19-05; Ord. No. 21-2005,
Viable means having the capacity to live and § 2, 1-3-06)
develop.
(Ord. No. 05-2005, § 2, 4-19-05) Sec. 102-38. Enforcement and penalties.
(a) Enforcement. The city may enforce the pro-
Sec. 102-37. Title; applicability; intent and
visions of this division by any lawful means
purpose; small-scale residen- including, but not limited to, issuing a civil cita-
tial dwelling exemption. tion, bringing charges before the city's code en-
(a) Title. This division may be cited and re- forcement board or special master, and seeking
ferred to as the "City of Cape Canaveral Tree injunctive and equitable relief. For purposes of
Preservation and Landscaping Code." determining the penalties provided under this
Supp.No. 15 CD102:4
VEGETATION § 102-39
division, the removal or death of a tree in viola- required by this division and issued by the build-
tions of this division shall be deemed irreparable ing official. If a property owner has retained a
or irreversible. Further, each day a violation con- contractor to perform the tree removal or land
tinues shall constitute a separate violation. It clearing, the contractor shall be responsible for
shall also be a separate violation of this division obtaining the permit required by this division
for each tree removed without a permit. prior to the tree removal or land clearing.
(b) Penalties. In addition to all other remedies (b) Application required. An application for
set forth in this division, one or more of the tree removal and land clearing shall be filed on an
following civil fines shall apply to violations of official form provided by the building official.The
this division: applicant shall be required to pay a fee as may be
(1) Failure to obtain a permit required by established by the resolution of the city council,
section 102-39 or section 102-40.5. Fine of except that no fee shall be required for the re-
$250.00 per tree or$500.00 per specimen moval of trees that are dead,diseased,suffer from
tree removed, not to exceed $5,000.00, severe structural defects,pose a clear and obvious
plus $250.00 per 100 square feet cleared. safety hazard to structures or people or removed
for a public project sponsored and paid for by the
(2) Removal of a tree without a permit. Fine of city. If the applicant is not the property owner,
$100.00 per diameter inch, not to exceed then the applicant shall attach the written per-
$5,000.00 per tree. mission of the property owner to the application.
(3) Removal of a specimen tree without a All completed applications shall be returned to
permit. Fine of$150.00 per diameter inch, the building official, along with the appropriate
not to exceed $5,000.00 per tree. fee and the following minimum information:
(4) Failure to abide by a cease and desist (1) Legal description of the property, includ-
order issued under this division. Fine of ing street address.
$250.00 for the first day and $500.00 per (2) Name,address and phone number of prop-
day for each day thereafter. erty owner.
(5) Failure to abide by the requirements of (3) Name, address and phone number of ap-
other provisions of this division. Fine of plicant, if other than property owner.
$250.00 for the first occurrence and$500.00
for repeat occurrences. (4) Date upon which land clearing is to com-
mence.
(c) Cease and desist orders. The building offs- (5) Valid reasons for the removal of trees.
cial shall have the right to issue cease and desist
orders upon persons in violation of this division (6) A tree inventory,for the portion of the site
for a maximum of five working days.Upon review to be developed, consisting of a scaled
of the violation by the city manager, the city drawing of a scale of one inch equals 50
manager may extend the cease and desist work feet or less indicating:
order until the violation is brought in compliance a. Property boundaries.
and all resulting fines incurred as a result of the
violation have been paid. The city manager's b. The location of all individual trees
decision may be appealed to the city council including the tree's common or sci
pursuant to section 102-48. entific name, and the diameter of
(Ord. No. 05-2005, § 2,4-19-05; Ord.No. 21-2005, each tree.
§ 2, 1-3-06) c. An indication of all trees proposed
for removal and proposed to be re-
Sec. 102-39. Permits. tained.
(a) Permit required. No person shall engage in d. The location of existing and pro-
tree removal or engage in land clearing within the posed improvements, if any, includ-
city without obtaining a land clearing permit ing buildings, structures, impervi-
Supp.No. 15 CD102:5
§ 102-39 CAPE CANAVERAL CODE
ous surfaces (e.g. pool decks, drives, application is submitted so that due consideration
parking areas), stormwater reten- may be given to the protection of trees during the
tion and detention areas, utilities site plan or subdivision process. Each application
and other such improvements. Pro- for tree removal shall be subject to review under
posed improvements shall be de- the site plan and subdivision process.
picted as an overlay on existing trees
so as to clearly indicate which trees (d) Approved site plans, permits, and develop-
must be removed in order to accom ment agreements. All permits issued by the build-
modate the construction of the im ing official under this division shall be required to
provements. be consistent, and not in conflict,with any plans,
permits, or development agreements approved by
Upon request by the applicant, the the city council or other appropriate board. All
building official or appropriate re- permits or portions thereof issued by the building
view board may permit an applicant official in conflict with any such approval shall be
to omit certain portions of the tree deemed null and void and the approval of the city
inventory where compliance with the council or appropriate board shall remain in full
requirements set forth herein would force and effect.
be unnecessarily burdensome and
the exempted portions are not needed (e) Survey permit. A survey permit may be
for the city to evaluate the applica- issued by the building official for the limited
tion. purpose of allowing land clearing and tree re-
moval for surveys and soil or engineering testing
(7) A replacement plan in accordance with according to the following:
division indicating the means for compen-
sating for the tree(s)to be removed includ (1) Tree removal and land clearing for sur-
fing the species and size of any replace- veying shall be subject to the land clear-
ment trees. ing and tree removal requirements of this
division. The land clearing area for sur-
(8) If grade changes are proposed on the site, veying shall not be greater than five feet
a grading plan drawn to scale shall be in width or shall not be greater than eight
provided.In addition,a written statement feet in width with a reasonable turn-
shall be provided by a landscape architect around for soil and engineering testing.
or other competent professional indicat- The owner of the property proposed to be
ing the probability of whether the grade cleared or his authorized agent shall sub-
change will result in the death of trees mit a survey permit application to the
intended to be preserved. Said statement building official,on such form as provided
shall immediately be brought to the atten- by the city.The survey permit shall expire
tion of the building official at the time the after 30 days from the date of issuance.
application is filed and prominently at- The building official may grant an admin-
tached to the front of the application. istrative waiver for an additional 30 days
(9) A protection plan describing how pre- for hardship, including adverse weather,
served trees shall be preserved on the site size of property and inability to obtain
and adjacent properties during construc- permits from other agencies.
tion, tree removal, and grading.
(c) Time for application. Applications for land
clearing permits shall be made prior to tree re-
moval or land clearing, except that if the tree
removal or land clearing is part of a proposed
development project that requires site plan or
subdivision approval, the application shall be
submitted at the time the site plan or subdivision
Supp.No. 15 CD102:6
VEGETATION § 102-40.5
b. Preservation of the next generation cumstances for the removal or clear-
of trees. ing of specimen trees. The removal
(Ord. No. 05-2005, § 2, 4-19-05) of specimen trees is subject to regu-
lation under section 102-41.
Sec. 102-40.5. Small scale residential land (5) There shall be no permit fee for
clearing requirements. issuance of a land clearing permit.
The following requirements shall apply to small (c) Tree survey required for new development.
scale residential developments as defined in sub- Developers proposing to construct a new
section (a): residential single-family dwelling unit,du-
(a) Application;small scale residential Bevel Alex or triplex,or a subdivision with three
opments defined. Notwithstanding the or less single-family dwelling units shall
other provisions of this division, this sec- be required to submit a tree survey con-
tion shall only apply to small scale resi-
dential developments which shall be lim- permit application.
ited to: (d) Tree replacement guidelines.
(1) Land which contains an existing residen- (1) Each tree removed or destroyed shall
tial single-family dwelling unit or duplex be replaced by a desirable tree or
or triplex. such other tree properly approved by
permit, or in the alternative, prop-
(2) Land which is subject to a city develop- erty owners and developers shall pay
ment order authorizing the construction to the city's tree bank $250.00 per
of a new residential single-family dwell- tree removed or destroyed.
ing unit, duplex or triplex, or a subdivi-
sion with three or less single-family dwell (2) The replacement trees shall be a
ing units. minimum of four inches dbh and
(b) Permit required. shall be on the desirable species list
q under this division.
(1) No person shall engage in tree re- (3) Tree replacement is not required for
moval or land clearing without first trees removed where the removal
obtaining a land clearing permit is- falls under one or more exception
sued by the building official pursu- outlined in subsection 102-40(b).
ant to section 102-39.
(e) Maintenance requirements.All property own-
(2) Upon receipt of a completed applica- ers and developers of land shall be responsible for
tion, the building official shall not the proper care and maintenance of all trees
apply the requirements set forth in located on their property which were not autho-
section 102-40 and shall issue a land rized to be cleared. All remaining trees and any
clearing permit authorizing the re- transplanted trees shall be maintained in a healthy,
moval or clearing of any trees lo- living condition.Any transplanted tree which dies
cated within the footprint of any within two years of planting shall be replaced and
structure approved by a city devel- maintained by the property owner or developer.
opment order. Upon the sale of an individual parcel of land, the
(3) The removal or clearing of trees not responsibility for tree maintenance shall transfer
located within the footprint of any to the new property owner.
structure approved by a city devel-
opment order is subject to the trite (f) Division otherwise applicable. All other sec-
ria set forth in section 102-40. tions of this division not in conflict with the
provisions of this section are applicable to and
(4) The building official may not issue a enforceable against the property owners and de-
land clearing permit under any cir- velopers of all land subject to this section,includ-
Supp.No. 15 CD 102:9
§ 102-40.5 CAPE CANAVERAL CODE
ing, but not limited to sections 102-41, Specimen tive fences and walls, trellises, lighting,
trees, section 102-44, Prohibitions, and section etc.),and planting premium A-grade plant
102-45, Minimum tree requirement. materials and trees on public property.
(Ord. No. 21-2005, § 2, 1-3-06)
(c) The waiver is compatible with the sur-
rounding area and the minimum waiver
Sec. 102-41. Specimen trees. required to serve the public purpose stated
Notwithstanding any other provision of this herein.
division, specimen trees shall not be removed (d) No waiver shall be granted which changes
except for extraordinary circumstances and hard- the list of permitted, conditional, special
ships and only by final permit approved by the exception, or prohibited uses or height
city council. As a condition of removal of any restrictions set forth in any zoning dis-
specimen tree, the city council shall have the trict category.
right to require that replacement trees be planted
or a contribution to the tree bank be made in (e) The waiver must be consistent with the
accordance with section 102-43 of this division, city's comprehensive plan.
except replacement and/or tree bank contribution (f) The waiver is not adverse to the public
shall be based on a maximum of a two-to-one ratio health, safety and welfare.
of cumulative diameter (dbh) basis of specimen
trees removed using the data in table 1. (g) Any waiver granted under this section
(Ord. No. 05-2005, § 2, 4-19-05) shall automatically expire and be de-
clared null and void if the underlying
Sec. 102-42. Special waiver provision. development order for the project expires.
(Ord. No. 05-2005, § 2, 4-19-05)
In furtherance of tree protection and preserva-
tion and the related public purposes stated in Sec. 102-43. Tree replacement guidelines.
section 102-37 of this division, any person or
entity may request a limited waiver from any (a) Tree replacement. All trees that are re
provision of the city's land development or zoning moved or destroyed and subject to replacement by
code upon submitting a written application pro- this division shall be replaced by a desirable trees
vided by the city. After review and recommends or such other trees properly approved by permit.
tion by the planning and zoning board, the city Replacement shall occur prior to the issuance of a
council may grant the waiver under the following certificate of occupancy(if approval is pending)or
conditions: within 30 days of removal or destruction, which-
ever date is earlier, unless a greater replacement
(a) The waiver may be granted during the period is provided for good cause by permit.
site plan review process. Such waiver
shall be at the city council's sole discre (b) [Criteria.] Criteria for replacement trees
tion on a case-by case basis. are as follows:
(1) Characteristics of replacement trees. The
(b) The waiver must directly result in the
replacement tree(s) shall have at least
preservation of a hardwood tree(e.g. oak)
equal shade potential, screening proper-
and/or the implementation of an extraor ties, and/or other characteristics compa-
dinary landscape plan that goes well be- rable to that of the tree(s)requested to be
yond the minimum requirements of the removed.
City Code including, but not limited to,
planting additional and larger plant ma- (2) Size of replacement trees. Replacement
terials and trees, planting premium A- tree(s) are to be made according to the
grade plants and trees,incorporating dec- tree replacement standards set forth in
orative hardship features into the table 1 or as otherwise agreed upon by the
landscape design (e.g. fountains, decora- city council and applicant.
Supp.No. 15 CD102:10
VEGETATION § 102-43
(3) Thee species.Relocated or replacement trees (6) Replacement guidelines. The following tree
shall include only species and sizes de- replacement guidelines shall apply:
fined as desirable trees under this divi-
a. All plant material shall be Florida
Sion. grades and standard one or better.
(4) Transplanting and maintenance require- b. For each tree located within a public
ments. All trees transplanted pursuant to conservation area (excluding juris-
this division shall be maintained in a dictional wetlands determined by the
healthy, living condition. Any such trees St. John's River Water Management
which die shall be replaced and main- District or the U.S. Army Corp of
tained by the property owner.After accep- Engineers,or as depicted on the map
tance of the trees and landscaping by the of existing wetlands in the city corn-
city, the city shall retain jurisdiction for prehensive plan) dedicated to the
two year to ensure compliance with this city as part of a development project,
division. For new development projects three replacement tree credits may
which require at least ten new trees, the be applied to the total number of
city may require a performance bond in a trees required to be replaced by this
form acceptable to the city attorney, as a division.However,the minimum tree
condition of site plan or other permit requirement set forth in section
approval, in order to ensure compliance 102-45 shall still apply. Such public
with this subsection. conservation area must be at least
one-third acre with widths not less
(5) Waivers of replacement tree(s) specifica- than 75 feet, unless otherwise ap-
tions. The number of required replace- proved by the city council. In addi-
ment trees may be waived by the city tion, trees approved by the building
council,if the city council determines that official to reforest such conservation
the remaining number of trees to be pre- area shall also be applied to the
served on site are of sufficient number replacement requirement on a one-
and quality to substantially comply with for-one basis.
the purpose and intent of this division c. If the city council determines, due to
and a tree replacement fee is paid to the site conditions or configuration, it is
l�
city's "tree bank," which is hereby estab- impossible or impracticable for the
lished. Monies collected in the tree bank applicant/developer to meet the re-
shall be used for enhancement and main- quirements for tree replacement,un-
tenance of trees on public lands. The der this subsection, the city council
contribution to the tree bank may be may allow the applicant/developer to
waived by the city council for individual pay into the city's "tree bank" the
homeowners, on a case-by-case basis, if amount it would have spent on re-
the homeowner can demonstrate that the placement trees.
payment of the fee will cause the
homeowner an undue economic hardship. d. Tree replacement credit shall be al-
Substitute tree(s)allowed under this waiver lowed for the installation of pre-
provision must have the approval of the ferred trees in accordance with the
city council. The value to be paid into the provisions set forth in table 1 and
tree bank shall be: established by resolu section 102-54. In addition, for new
tion of the city council;set forth in table 1; development,tree replacement credit
and based upon wholesale market value shall be allowed for the preservation
of the trees being replaced, plus installa- existing desirable trees on the
tion and maintenance costs to establish development site, excluding wetland
the tree. areas and existing conservation ar-
Supp.No. 15 CD 102:11
§ 102-43 CAPE CANAVERAL CODE
eas, as follows: (3) Control and elimination procedures shall
in no way promote the proliferation of the
DBH of Preserved Reduction in Re- species through the dispersal of seed or
Tree placement Tees
other vegetatively reproducing parts.
4"up to,but not 1 credit
including,9" (4) Control and elimination procedures shall
12"
up to,but not 2 credits
including, in no way harm or cause the decline of
12"up to,but not 3 credits preserved or planted trees and landscap-
including, 16" ing.
16"up to,but not 4 credits (Ord. No. 05-2005, § 2, 4-19-05)
including,24"
Specimen and His- 0 credits
toric Trees Sec. 102-44. Prohibitions.
Notwithstanding the application of tree
replacement credits, the minimum num- (a) Placement of materials, machinery, or tem-
ber of trees to be planted under section porary soil deposits. It shall be unlawful to place
102-45 shall apply unless the city council material, machinery, or temporary soil deposits
approves an in lieu of tree bank contribu within the tree protection zone, before or during
construction. Before or during construction the
tion. builder shall erect and maintain suitable protec-
e. Trees shall not be planted under tive barriers around all trees to be preserved.
power lines. Upon written request, the building official, on a
case-by-case basis, may allow material or tempo-
f. Diversity of species shall be required rary soil deposits to be stored within the protec-
for replacement trees and the num- tive barrier if no other storage is available.
ber of each species shall be approved
by the city.To the extent feasible,the (b) Climbing spurs. It shall be unlawful to use
city should endeavor to require no climbing spurs or other similar device to aid in
more than 25 percent of the replace- the climbing of a live tree, where such device
ment trees from a single species. causes the puncture or tears the bark of the tree.
(c) Replacement cost. The property owner shall (c) Tree spiking. It shall be unlawful to intro-
be responsible for the cost of replacing the trees duce any type of poison or reactive material to a
removed from their property. tree for the purpose of causing it to die or become
diseased.
(d) Elimination of undesirable trees and shrubs.
The natural vegetative communities existing within (d) Structure and pavement location. It shall
the city shall be protected by the control and be unlawful to place any permanent structure or
elimination of invasive,nonnative species.To that impervious paving(except sidewalks)within eight-
end, the following guidelines shall apply: foot radius of any tree trunk or stem having a
diameter of four inches or more at caliper.
(1) Planting of trees and shrubs on the unde-
sirable species list is prohibited. (e) City trees. It shall be unlawful to trim,
prune, or remove any tree which is within the
(2) Removal of trees and shrubs on the unde- city's rights-of-way or upon any other city prop-
sirable species list in section 102-53,from erty without the permission of the city evidenced
commercial,office,industrial,or multifam- by the appropriate permit.
ily sites(excluding jurisdictional wetlands),
shall be completed,whenever practicable, (f) Attachments. It shall be unlawful to attach
as a requirement for approval of any de- anything to a tree or stem, including nails or
velopment permit issued by the city or the spikes, having a diameter of four inches or more
issuance of a certificate of occupancy if at caliper, other than protective wires, braces or
applicable. other similar noninjurious materials.
Supp.No. 15 CD102:12
VEGETATION § 102-46
(g) Cut and fill guidelines. It shall be unlawful through wood less than a year old at the
to remove or add any material or ground within sides of the canopy to create uniform
the tree protection zone unless otherwise permit- dense canopies.
ted by the building official. (5) Poodle trimming. Combines shearing and
(h) Encroachment of the dripline. During the removing lower limbs to create tree forms
construction stage of development, the developer that look like a "lollipop."
or property owner shall not cause or allow land (j) Construction near adjacent property. Walls,
clearing, the use of heavy equipment or material structures, and pavement shall not be con-
within the dripline of any tree or groups of trees structed in any way which will result in damage
to be retained. Neither shall the developer cause to roots within the tree protection zones of trees
or allow the disposal of waste material such as located on adjacent properties.
paint, oil, solvents, asphalt, concrete, mortar or (Ord. No. 05-2005, § 2, 4-19-05)
any other material harmful to the life of a tree
within the dripline of any tree or groups of trees, Sec. 102-45. Minimum tree requirement.
or where planting beds are to be situated.
No certificate of occupancy shall be issued on
(i) Shearing, hat racking, topping or poodle the types of construction indicated below unless
trimming of trees (lollipop), lions-tailing,pollard- the underlying parcel has at least the required
ing of trees. Trees intended for shade purposes minimum number of approved trees:
shall be allowed to reach their mature canopy (a) Any new single-family, duplex or triplex
spread.It shall be unlawful to engage in excessive dwelling unit on a lot of less than 6,000
pruning techniques on trees intended for shade square feet: not fewer than two trees.
purposes.Excessive shearing,pruning or shaping
shall only be allowed with a permit by demon- (b) Any new single-family, duplex, and tri-
strating necessity or without a permit in times of plex dwelling unit on a lot equal to 6,000
emergency only.The following are deemed unlaw square feet or greater:not fewer than two
ful excessive pruning techniques which are pro trees plus one additional tree for each
hibited on shade trees: 4,000 square feet or fraction thereof over
6,000 square feet.
(1) Lions tailing. The improper practice of (c) Any commercial, industrial, multifamily
removing most secondary and tertiary or other structure requiring site plan ap-
branches from the interior portion of the proval under the city land development
canopy leaving most live foliage at the regulations: no fewer than six trees or
edge of the canopy. four trees per acre, whichever is greater.
(2) Topping,hatracking,stag heading,dehorn (Ord. No. 05 2005, § 2, 4-19-05)
ing, lopping, and rounding over. The im-
Sec. 102-46. Tree protection during develop-
proper practice of reducing tree size by
making heading cuts through a stem more ment and construction; peri-
than two years old; a pruning practice odic inspection.
that destroys tree architecture and serves (a) Restrictions during construction. It shall be
to initiate discoloration and perhaps de- unlawful for any person, during the construction
cay in the cut stem. of any structures or other improvements,to place
solvents, petroleum products, paint or masonry
(3) Pollarding. The pruning technique that materials, construction machinery or temporary
removes sprouts back to the same location soil deposits within the dripline of any tree for
annually or biannually maintaining a tree which a tree removal permit is required but has
to a specific height. not been obtained. This provision includes soil
(4) Shearing. A pruning technique which is that is placed in the dripline permanently for the
typically accomplished with cuts made
Supp.No. 15 CD102:12.1
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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
111110. 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. 15 CD 110:1
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.
Sec. 110-192. Mobile home parks and single-family mobile home districts.
Sec. 110-193. Nonconforming structures.
Sec. 110-194. Nonconforming uses of land.
Sec. 110-195. Nonconforming uses of structures or of structures and premises
in combination.
Sec. 110-196. Nonconforming lots of record.
Sec. 110-197. Repairs and maintenance.
Sec. 110-198. Temporary uses.
Secs. 110-199-110-220. 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. Appeals.
Sec. 110-224. Expiration.
Secs. 110-225-110-245. Reserved.
I
Supp.No. 15 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.
Secs. 110-485-110-490. Reserved.
Division 2. Offstreet Parking
Sec. 110-491. Number of spaces required.
IP" Sec. 110-492. Location of spaces.
Supp.No. 15 CD 110:5
CAPE CANAVERAL CODE
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. Occupational license 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. 15 CD110:6
ZONING § 110-1
Right-of-way means land reserved, used or to Story means that portion of a building included
be used for a street, alley, walkway, drainage between the floor surface and the upper surface of
facility or other public purpose. 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 Street means a public or private right-of-way
receive electromagnetic signals. This definition is set aside for public travel.
meant to include, but is not limited to, what are
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
installed in accordance with section 98-92.
Service station means a building and premises
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 strutted.
%id same lot with a principal building,which space is Swimming pool means any portable pool or
unoccupied and unobstructed by buildings from permanent structure containing a body of water
the ground upward,except as specified in sections 18 inches or more in depth or 250 square feet of
110-468, 110-538 and 110-567. All required set- surface area or more of water service area,includ-
back areas shall be landscaped with greenery ing an ornamental reflecting pool or fish pond or
(sod) and shall be properly maintained. other type of pool, regardless of size, unless it is
Shed means any structure built for the sup- located and designed so as not to create a hazard
port, shelter or enclosure of persons, animals, or not be used for swimming or wading.
chattels or property of any kind which has enclos- Tent means a collapsible shelter of canvas or
ing walls for less than 50 percent of its perimeter. other fabric-type material.
Shopping center means three or more units for Terrace means an open space adjacent to the
purposes of mercantilism. principal building on one or two sides, prepared
Sign means the same as defined in chapter 23 with a hard, semihard or improved surface, for
of the building code adopted in section 82-31. the purpose of outdoor living.
Special exception means a use that would not Total floor area or gross floor area means the
be appropriate generally or without restriction area of all floors of a building, including finished
throughout the zoning division or district but attics, finished basements and all covered areas,
which,if controlled as to number,area,location or including porches, sheds, carports and garages.
relation to the neighborhood, would promote the Townhouse means a single-family dwelling unit
public health, safety,welfare, morals, order, corn- constructed in a series or group of attached units
fort, convenience, appearance, prosperity or gen- with property lines separating such units.
eral welfare. Such uses as may be permitted by
AP the board of adjustment are identified for each Trailer means a portable structure having no
zoning district as special exceptions. foundation other than wheels,jacks or blocks that
Supp.No. 15 CD 110:13
§ 110-1 CAPE CANAVERAL.CODE
will not be a hazard to adjacent buildings and generally applies to the area from each lot line to
that is also fully enclosed, operable and licensed. the principal building and its attached porches,
sheds, carports, garages and storage areas.
Trailer park means an area duly licensed by (Code 1981, § 632.01; Ord. No. 7-96, § 1, 6-18-96;
the city and approved by the state board of health, Ord.No. 9-97, § 1,9-2-97; Ord.No. 19-98, §§ 1-3,
which is designed, constructed, equipped, oper- 6-16-98; Ord. No. 30-98, § 1, 10-20-98; Ord. No.
ated and maintained for the purpose of providing 1-00, § 1, 2-1-00; Ord. No. 5-00, §§ 1, 2, 4-18-00;
space for and otherwise servicing mobile homes Ord. No. 03-2003, § 2, 8-19-03; Ord. No. 02-2004,
and trailers. § 2, 3-02-04)
Cross reference—Definitions and rules of construction
Travel trailer. See the definition of "recre- generally, § 1-2.
ational vehicle."
Utility access easement means an easement Sec. 110-2. Board of adjustment.
less than 20 feet wide, dedicated and used for (a) A board of adjustment is established and
utilities and utility vehicles. The term does not shall consist of five members.
qualify as an alley pursuant to chapter 98 per-
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 (c) The board of adjustment shall not incur
this chapter when such variance will not be any debts or enter into any contracts or obliga-
contrary to the public interest and when,owing to
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.
necessary and undue hardship. As used in this (Ord. No. 11-2005, § 2, 6-21-05)
chapter, a variance is authorized only for height,
area, size of structure or size of yards and open Sec. 110-3. Planning and zoning board.
spaces; establishment or expansion of a use oth-
erwise prohibited shall not be allowed by variance (a) The planning and zoning board is estab-
nor shall a variance be granted because of the lished and shall consist of five members.
presence of nonconformities in the zoning district
or used in an adjoining zoning district. (b) The planning and zoning board shall oper
ate exclusively in an advisory capacity to the city
Wall means a structure forming a physical council and the board of adjustment for variances
barrier, which is constructed of concrete or ma- and special exceptions, and no ruling, decision or
sonry composite. recommendation of the board shall be binding on
the council.
Wall, concrete boundary, means a structure
constructed using concrete, either poured or in (c) The board shall perform such duties as are
block form,along the property boundary or within conferred on it by this Code and the city council
the setback and used as a dividing line between and shall, from time to time, make studies on
parcels of property in a residential zone, specifi- planning and zoning matters affecting the health,
cally excluding townhouse interior party walls. welfare, safety and morals of the people of the
city.
Yard means all open space on the same lot as
the principal building, which space is unoccupied (d) No problem or situation relating to zoning
and unobstructed by buildings from the ground shall be submitted to the city council prior to
upward, except as otherwise provided. The term being submitted to and acted upon by the plan-
Supp.No. 15 CD110:14
ZONING § 110-27
ning and zoning board. Such problems or situa- ing for variances, special exceptions, rezonings
tions relating to zoning shall include but not be and administrative appeals, as set forth in this
limited to the following: article.
(1) Changes in zone classification. (Ord. No. 11-2005, § 2, 6-21-05)
(2) Changes in zoning district boundaries and
zoning maps. Sec. 110-27. Authority.
(3) Review and revision of zoning sections.
(4) Recommendation concerning a master plan (a) Unless otherwise provided in this chapter,
and periodic review thereof. the city council shall render all final decisions
(e) The planning and zoning board shall make regarding rezonings and the board of adjustment
shall render all final decisions regarding vari-
recommendations to the board of adjustment con-
ances, special exceptions and administrative ap-
cerning special exceptions and variances in accor- peals.
dance with this chapter.
(f) The board secretary shall, after each meet- (b) The respective board rendering final deci-
ing of the planning and zoning board, transmit a sions may impose reasonable conditions and safe-
copy of the board's minutes to each member of the guards on any approved rezoning, variance, spe-
city council, the city clerk and the city attorney. cial exception or administrative appeal to the
Such minutes shall include the board's recommen- extent deemed necessary and relevant to ensure
dations on any matter coming before it, including compliance with applicable criteria and other
a short statement setting forth the facts upon applicable provisions of the city code and compre-
which the board's recommendations were based, hensive plan. Such conditions and safeguards,
as well as the board's reasons for the recommen- when made part of the terms under which the
dation. rezoning,variance, special exception, or adminis-
(g) The planning and zoning board shall not trative appeal is granted,have the same force and
incur any debts or enter into any contracts or effect as any other provision of this Code, and
obligations which would be enforceable against violation of same shall be deemed to be a violation
the city, unless prior approval has been obtained of this Code and punishable by this Code.
from the city council.
(Ord. No. 11-2005, § 2, 6-21-05) (c) All formal decisions shall be based on com-
Secs. 110-4-110-25. Reserved. petent substantial evidence and the applicable
criteria set forth in this article.
ARTICLE II. PROCEDURE; LAND USE (d) The city council may adopt, by resolution,
DECISIONS* quasi-judicial rules and procedures to implement
this chapter.
DIVISION 1. GENERALLY (e) All final decisions rendered under this chap-
Sec. 110-26. Intent and purpose. ter must be consistent with the city's comprehen-
The intent and purpose of this article is to set sive plan.
forth the procedure and requirements for apply- (f) All final permits issued under this chapter
*Editor's note—Ord. No. 11-2005, §2,adopted June 21, may be temporarily suspended or absolutely re-
2005, amended art. II in its entirety and enacted new provi- yoked by majority vote of the board that rendered
sions as set out herein.The former art.II pertained to board of the final decision if the board later determines at
adjustment and derived from Code 1981, §§ 645.13, 645.15, a public hearing that either:
645.17, 645.19, 645.21, 645.23, 645.27, 645.29, 645.31; Ord.
No. 43-93, §§2, 3, adopted Dec. 7, 1993; Ord. No. 49-93, § 1, (1) The applicant has obtained the final per-
adopted Jan.4, 1994;Ord.No.5-94,§1,adopted Feb. 1,1994;
Ord. No. 5-96, § 1, adopted June 4, 1996; Ord. No. 18-2002, mit upon false statements, fraud, deceit,
§§2A,2B,adopted Dec. 17,2002; and Ord. No. 12-2003, §9, misleading or perjurious statements, or
adopted July 1,2003. suppression of material facts;
Supp.No. 15 CD 110:15
§ 110-27 CAPE CANAVERAL CODE
(2) The applicant has committed substantial hearing and express its opinion on the effect of
violations of the terms and conditions of said proposed district boundary change, variance
any final permit; or or special exception.
(3) The applicant has used any final permit (Ord. No. 11 2005, § 2, 6-21-05)
to knowingly allow illegal activities to be Sec. 110-29. Applications.
conducted on the property which is sub-
ject to said permit. The city manager or the city manager's desig-
(Ord. No. 11-2005, § 2, 6-21-05) nee is hereby authorized to prepare applications
in furtherance of this chapter.At a minimum, all
Sec. 110-28. Due process; special notice re- applications for rezonings, variances, special ex-
quirements. ceptions, and administrative appeals shall be
accompanied by the applicable application fee
(a) All applicants shall be afforded minimal adopted by the city council and shall contain the
due process as required by law, including the following information:
right to receive notice,be heard,present evidence,
cross-examine witnesses, and be represented by a (1) A general description of the relief sought
duly authorized representative. under this chapter.
(b) In addition to any notice requirements pro- (2) A brief explanation as to why the applica-
vided by state law, all public hearings under this tion satisfies the relevant criteria set forth
article shall be publicly noticed for at least ten in this article.
calendar days prior to the date of the hearing. (3) The name(s)of the owner(s)of the partic-
Said notice shall include the address of the sub- ular real property.
ject property, matter to be considered and the
time, date and place of the hearing. The notice (4) If the applicant is other than all of the
shall be posted in the following manner: owners of the particular property,written
consent signed by all owners of the par-
(1) Posting the affected property. ticular real property shall be attached.
(2) Posting at city hall. (5) The legal description of the particular
(3) Notifying, by certified mail, all owners of real property, accompanied by a certified
survey or that portion of the map main-
real property(including homeowner's and tamed by the Brevard County Property
condominium associations)adjacent to and Appraiser reflecting the boundaries of the
within 500 feet of the subject property. real property.
(4) Notifying, by certified mail, the owner(s) (6) The current and future land use and the
of the subject property for which the ap- zoning designations on the real property.
plication is being made.
(7) Certified survey or scaled sketch drawing
The notice requirements set forth in subsections depicting the property boundaries and all
(1), (2), and (3) above are hereby deemed to be structures thereon.
courtesy notices.The failure to provide such cour-
tesy notices shall not be a basis of appealing any (8) For rezonings, variances, and special ex
decision made under this chapter. ceptions, applicants shall provide to the
city, at least 30 days in advance of the
(c) When any proposed zoning district bound- planning and zoning board meeting, the
ary change, variance, or special exception lies names and addresses of all affected prop-
within 500 feet of the boundary of any property erty owners. For the purpose of this re-
under another government's jurisdiction, notice quirement, an affected property owner or
shall be forwarded to the governing body of the owners shall mean any property owner or
appropriate government authority in order to agent of record owning property which
afford such body an opportunity to appear at the lies within a radius of 500 feet from any
Supp.No. 15 CD110:16
ZONING § 110-34
boundary of the property for which the special expiration is issued by the city within said
application is sought, as reflected in the time period.Upon written request of the property
survey or that portion of the map main- owner, the board of adjustment may extend the
tained by the Brevard County Property expiration date, without public hearing, by an
Tax Appraiser reflecting the boundaries of additional 12-month period, provided the prop-
the parcels affected. erty owner demonstrates good cause for the ex-
(Ord. No. 11-2005, § 2, 6-21-05) tension. Such request shall be submitted to the
board of adjustment prior to the expiration of the
Sec. 110-30. Staff review. first 12-month period. In addition, if the afore-
mentioned building permit is timely issued, and
(a) The city staff shall be required to review all the building permit subsequently expires and the
applications for rezonings, variances, special ex- subject development project is abandoned or dis-
ceptions and administrative appeals, and make continued for a period of six months,the variance
written recommendations to the applicable city or special exception shall be deemed expired and
board. null and void.
(b) Upon completion of the written recommen- (b) Thereafter, a variance or special exception
dation, city staff shall forward the application, shall expire and become null and void if the use
along with the recommendation to either the granted thereunder is abandoned or otherwise
planning and zoning board or the board of adjust- ceases to exist for a period of 18 consecutive
ment, as required by this article, for a duly months. As used herein, abandoned shall mean
noticed public hearing. that the applicant has gone out of business,let all
(Ord. No. 11-2005, § 2, 6-21-05) business licenses lapse or has otherwise changed
the use of the property in conformance with this
Sec. 110-31. Reconsideration of rezonings, Code. Once a variance or special exception has
variances,special exceptions or lapsed due to abandonment, the applicant must
administrative appeals. resubmit its request for variance or special excep-
When a petition for rezoning, variance, special tion pursuant to this article.
exception or administrative appeal has been acted (Ord. No. 11 2005, § 2, 6-21-05)
on by the city council or board of adjustment and
was disapproved or failed to pass, such petition in Sec. 110-33. Appellate review
the same or substantially similar form shall not Any party aggrieved by any final decision of
be reconsidered by the city council or board of the city council or board of adjustment made
adjustment for a period of two years. This section under this chapter shall have the right to file an
shall not apply to the property owner if the appropriate action in a court of competent juris-
original request was an administrative applica- diction.
tion initiated by any official,department,board or (Ord. No. 11-2005, § 2, 6-21-05)
agency of the city acting in any official capacity.
This section shall not apply to any initial petition
or petition for reconsideration filed by the city DIVISION 2. REZONINGS
council.
(Ord. No. 11-2005, § 2, 6-21-05) Sec. 110-34. Rezoning applicant obligations.
(a) Any of the following may file an application
Sec. 110-32. Expiration of variance or spe- for rezoning requesting that the sections, restric-
cial exception; abandonment. tions and boundaries set forth in this chapter be
(a) Any variance or special exception approved amended, supplemented, changed or repealed:
by the board of adjustment pursuant to this (1) Any person or entity.
article shall expire 12 months after the effective (2) The city council.
date of such approval unless a building permit
based upon and incorporating the variance or (3) The planning and zoning board.
Supp.No. 15 CD 110:17
§ 110-34 CAPE CANAVERAL CODE
(4) The city manager. pattern in a manner that would overtax
the load on public facilities and services
(b) Rezoning applications shall be submitted such as schools,utilities,streets,and other
at least 30 days prior to the planning and zoning municipal services and infrastructure;
board meeting at which such application is to be
considered. (7) The proposed rezoning would not result in
(Ord. No. 11-2005, § 2, 6-21-05) existing zoning district boundaries that
are illogically drawn in relation to exist-
Sec. 110-35. Procedure. ing conditions on the property and the
(a) The planning and zoning board shall be surrounding area and the land use pat-
tern established by the city's comprehen-
required to review all rezoning applications and sive plan;
make a written recommendation to the city coun-
cil. Such recommendation shall include the rea- (8) Changed or changing conditions make the
sons for the board's recommendation and show proposed rezoning necessary;
the board has considered the applicable rezoning
criteria set forth in this section. (9) The proposed rezoning change will not
seriously reduce light or air to adjacent
(b) Upon receipt of the planning and zoning areas;
board's recommendation, the city council shall
make a final decision on the application. If the (10) Should the city be presented with compe-
city council determines that the planning and tent substantial evidence indicating that
zoning board has not made a recommendation on property values will be adversely affected
an application within a reasonable period of time, by the proposed rezoning, the applicant
the city council may, at its discretion, consider an must demonstrate that the proposed re-
application without the planning and zoning board's zoning change will not adversely affect
recommendation. property values in the surrounding area;
(c) All rezoning applications shall be reviewed (11) The proposed rezoning will not be a sub-
for compliance with the following standards: stantial detriment to the future improve-
(1) The proposed rezoning change is in cornwent or development of vacant adjacent
pliance with all procedural requirements property;
established by the City Code and law; (12) The proposed rezoning will not constitute
(2) The proposed rezoning change is consis a grant of special privilege to an individ-
tent with the city's comprehensive plan ual owner as contrasted with the public
including, but not limited to, the future welfare;
land use map and the proposed change (13) The proposed rezoning change is not out
would not have an adverse effect on the of scale or incompatible with the needs of
comprehensive plan; the neighborhood or the city;
(3) The proposed rezoning change is consis-
tent with any master plan applicable to (14) The proposed rezoning does not violate
the property; any applicable land use regulations adopted
by the city.
(4) The proposed rezoning change is not con-
trary to the land use pattern established (d) In approving a change in the zoning classi-
by the city's comprehensive plan; fication on a lot or parcel of land, at the request of
(5) The proposed rezoning change would not or with the concurrence of the owner(s)of said lot
create a spot zone prohibited by law; or parcel,the city council may approve a rezoning
subject to restrictions provided such restrictions
(6) The proposed rezoning change would not do not confer any special privilege upon the own-
materially alter the population density er(s) or subject property that would otherwise be
i
Supp.No. 15 CD 110:18
ZONING § 110-37
411W
denied by the city's land development regulations DIVISION 3. VARIANCES
in the same zoning district. Such restrictions may
include one or more of the following: Sec. 110-36. Variance applicant obligations.
(1) Use restrictions greater than those other- (a) Any of the following may file a variance
wise specified for that particular district; application requesting variance from this chapter
for their real property:
(2) Density restrictions greater than those
otherwise specified for the particular dis- (1) The owner(s) of the property described in
trict; the application.
(3) Setbacks greater than those otherwise (2) Tenants,with the owner's sworn consent.
specified for the particular district,includ- (3) Duly authorized agents of the owner(s) of
ing setbacks from lakes and major arte- the property evidenced by a written power
rial roadways; of attorney.
(4) Height limits more restrictive than other- (4) The city council.
wise permitted in the district; (5) The planning and zoning board.
(5) Minimum lot areas or minimum widths (6) The city manager.
greater than otherwise specified for the
particular district; (b) Variance applications shall be submitted at
least 30 days prior to the planning and zoning
(6) Minimum floor area greater than other- board meeting at which such application is to be
wise specified for structures in the partic- considered.
(11" ular district; (Ord. No. 11-2005, § 2, 6-21-05)
(7) Open space requirements greater than Sec. 110-37. Procedure.
otherwise specified for structures in the
particular district; (a) The planning and zoning board shall be
required to review all variance applications and
(8) Parking, loading driveway or traffic re- make a written recommendation to the board of
quirements more restrictive than other- adjustment. Such recommendation shall include
wise required for the particular district; the reasons for the board's recommendation and
show the board has considered the applicable
(9) Fencing or screening requirements greater variance criteria set forth in this section.
than otherwise required for the particular
district; (b) Upon receipt of the planning and zoning
board's recommendation,the board of adjustment
(10) Restrictions on any other matters which shall make a final decision on the application.
the city council is authorized to regulate.
(c) All variance recommendations and final
Upon approval of such restrictive rezonings, decisions shall be based on an affirmative finding
the city shall enter a reference to the restrictions as to each of the following criteria:
on the city's official zoning map, and a notice of (1) That special conditions and circumstances
zoning restrictions shall be recorded in the public exist which are peculiar to the land,struc-
records of Brevard County. Restrictions shall run ture or building involved and which are
with the land, without regard to transfer of own not applicable to other lands,buildings or
ership or other interests, and may be removed structures in the same zoning district.
only upon further amendment to the zoning clas-
sification of the subject property in accordance (2) That literal interpretation of this chapter
with the procedures prescribed herein, would deprive the applicant of rights coin-
11116 (Ord. No. 11-2005, § 2, 6-21-05) monly enjoyed by other properties in the
Supp.No. 15 CD110:19
§ 110-37 CAPE CANAVERAL CODE
same zoning district under the terms of (b) Special exception applications shall be sub-
this chapter and would work unnecessary mitted at least 30 days prior to the planning and
and undue hardship on the applicant. zoning board meeting at which such application is
(3) That the special conditions and circum- to be considered.
stances referred to in subsection(1)do not (c) In addition to the application requirements
result from the actions of the applicant. set forth in this article, special exception applica-
(4) That approval of the variance requested tions shall indicate the section of this Code under
will not confer on the applicant any spe which the special exception is sought and state
cial privilege that is denied by this chap the grounds upon which the special exception is
ter to other lands,buildings,or structures sought.
in the same zoning district. (Ord. No. 11-2005, § 2, 6-21-05)
(5) That the requested variance is the mini- Sec. 110-39. Procedure.
mum variance from this chapter neces-
sary to make possible the reasonable use (a) The planning and zoning board shall be
of the land, building or structure. required to review all special exception applica-
tions and make a written recommendation to the
(6) That approval of the variance will be in board of adjustment. Such recommendation shall
harmony with the general intent and pur- include the reasons for the board's recommenda-
pose of this chapter, and will not be inju- tion and show the board has considered the ap-
rious to the neighborhood or otherwise plicable special exception criteria set forth in this
detrimental to the public welfare. section.
(d) Under no circumstances shall the board of (b) Upon receipt of the planning and zoning
adjustment grant a variance to permit a use not board's recommendation,the board of adjustment
generally or by special exception permitted in the shall make a final decision on the application. If
district involved or any use expressly or by impli- the board of adjustment determines that the
cation prohibited by this chapter. planning and zoning board has not made a rec-
(Ord. No. 11-2005, § 2, 6-21-05) ommendation on an application within a reason-
able period of time, the board of adjustment may,
DIVISION 4. SPECIAL EXCEPTIONS at its discretion, consider an application without
the planning and zoning board's recommenda-
tion.
Sec. 110-38. Special exception applicant ob-
ligations. (c) All special exception recommendations and
final decisions shall be based on the following
(a) Any of the following may file a special criteria to the extent applicable:
exception application requesting a special excep-
tion from this chapter for their real property: (1) Whether the applicant has demonstrated
the special exception, including its pro-
(1) The owner(s) of the property described in posed scale and intensity, traffic-generat-
the application. ing characteristics, and offsite impacts, is
(2) Tenants, with the owner's sworn consent. compatible and harmonious with adjacent
land uses, and will not adversely impact
(3) Duly authorized agents of the owner(s) of land use activities in the immediate vicin-
the property evidenced by a written power ity.
of attorney.
(2) Whether the applicant has demonstrated
(4) The city council. the size and shape of the site, the pro-
(5) The planning and zoning board. posed access and internal circulation, and
the design enhancements to be adequate
(6) The city manager. to accommodate the proposed scale and
Supp.No. 15 CD110:20
ZONING § 110-40
intensity of the special exception requested. The forth in this section. Any of the following may
site shall be of sufficient size to accommodate seek review of an administrative decision pursu-
design amenities such as screening,buffers,land- ant to this section:
scaping, open space, off-street parking, and other
similar site plan improvements needed to miti- (1) City council;
gate against potential adverse impacts of the (2) Planning and zoning board;
proposed special exception. (3) Any person aggrieved or affected by any
decision of the building official in the
(3) Whether the proposed special exception interpretation of any portion of this chap-
will have an adverse impact on the local
economy, including governmental fiscal ter.
impact, employment, and property val- (b) Appeals shall be taken within 30 days after
ues. such administrative decision is made by filing a
written notice of appeal with the building official
(4) Whether the proposed special exception and the board of adjustment stating the name of
will have an adverse impact on the natu- the decision maker, date of the decision, applica-
ral environment,including air,water,and ble code provisions and the specific grounds for
noise pollution, vegetation and wildlife, appeal. Upon receipt of the notice of appeal, the
open space, noxious and desirable vegeta- building official shall schedule the appeal before
tion, and flood hazards. the board of adjustment and transmit all docu-
ments,plans,papers or other materials constitut-
(5) Whether the proposed special exception ing the record upon which the action appealed
will have an adverse impact on historic, from was taken.
scenic, and cultural resources, including
views and vistas, and loss or degradation (c) The board of adjustment shall be required
of cultural and historic resources. to review all administrative appeals and prepare
written findings constituting its final decision on
(6) Whether the proposed special exception the administrative appeal based on the criteria
will have an adverse impact on public set forth in this section.
services, including water, sewer, surface
water management,police,fire,parks and (d) Review of administrative decisions shall be
recreation, streets, public transportation, based on the following criteria:
marina and waterways, and bicycle and (1) Whether the applicant was properly af-
pedestrian facilities. forded procedural due process;
(7) Whether the proposed special exception (2) Whether the decision under review is sup-
will have an adverse impact on housing ported by competent, substantial evi-
and social conditions, including variety of dence; and
housing unit types and prices, and neigh- (3) Whether the decision under review com-
borhood quality. plied with applicable law, including a
(Ord. No. 11-2005, § 2, 6-21-05) proper interpretation of any provision un-
der this chapter.
DIVISION 5. ADMINISTRATIVE APPEALS (e) An administrative appeal filed pursuant to
this section stays all proceedings in furtherance of
Sec. 110-40. Administrative appeals. the action appealed from, unless the building
official from whom the appeal is taken certifies in
(a) Any final administrative decision regard- writing to the board of adjustment after the notice
ing the enforcement or interpretation of this chap- of appeal is filed that, because of facts stated in
ter, where it is alleged there is an error by an the certificate, a stay would, in the building
administrative official, can be appealed as set official's opinion, cause imminent peril to life and
Supp.No. 15 CD110:21
§ 110-40 CAPE CANAVERAL CODE
property. In such case where the building official for deciding such questions shall be as stated in
makes such certification,proceedings shall not be this section and this chapter. Under this chapter
stayed other than by an injunction,which may be the city council shall have only the duties of:
granted by the board of adjustment or issued by a
court of competent jurisdiction. (1) Considering and adopting or rejecting pro-
posed amendments or the repeal of this
(f) The board of adjustment shall have the chapter, as provided by law; and
right to reverse or affirm, wholly or in part, or (2) Establishing a schedule of fees and charges.
may modify the order, requirement, decision or (Code 1981, § 645.35; Ord. No. 3-94, § 1, 2-1-94;
determination as ought to be made, and to that Ord. No. 02-2006, § 2, 3-21-06)
end, shall have all the powers of the officers from
whom the appeal is taken. The concurring vote of
four members of the board of adjustment shall be Sec. 110-88. Duties of building official.
necessary to reverse any order, requirement, de- (a) The building official,under the supervision
cision or determination of the building official. of the city manager or department head duly
delegated and appointed by the city manager,
Secs. 110-41-110-85. Reserved. shall administer and enforce this chapter. He
shall be provided with assistance of such other
officers and employees of the city as may be
ARTICLE III. ADMINISTRATION AND necessary to enforce this chapter.
ENFORCEMENT*
(b) If the building official finds that any sec-
tion of this chapter is being violated, he shall
DIVISION 1. GENERALLY notify, in writing, the person responsible for such
violation, indicating the nature of the violation
Sec. 110-86. Conflicts with other ordinances. and ordering the action necessary to correct it.He
shall order discontinuance of illegal work being
Whenever the sections of this chapter are at done or shall take any other action authorized by
variance with the requirements of any other law- this chapter or by law to ensure compliance with
fully adopted rules,regulations or ordinances,the or to prevent violation of this chapter.
most restrictive or that imposing the higher stan- (Code 1981, § 645.01; Ord. No. 02-2006, § 2,
dards shall govern. 3-21-06)
(Code 1981, § 645.39)
Sec. 110-89. Penalties for violation.
Sec. 110-87. Interpretation of chapter.
Any person who violates, disobeys, omits, ne-
It is the intent of this chapter that all questions glects or refuses to comply with or who resists the
regarding the interpretation and application of enforcement of this chapter shall, upon convic-
the provisions of this chapter shall be first pre- tion, be punished as provided by section 1-15.
sented to the building official and that such (Code 1981, § 645.43)
questions shall be presented to the board of ad-
justment only on appeal from the decision of the Sec. 110-90. Complaints of violations.
building official and that recourse from the deci-
sions of the board of adjustment shall be to the Whenever a violation of this chapter occurs or
courts as provided by law. It is further the intent is alleged to have occurred, any person may file a
of this chapter that the duties of the city council complaint.Such complaint stating fully the causes
in connection with this chapter shall not include and basis thereof shall be filed with the building
hearing and deciding questions of interpretation official. He shall record properly such complaint,
and enforcement that may arise. The procedure immediately investigate and take action thereon
as provided by this chapter.
*Cross reference—Administration,ch.2. (Code 1981, § 645.41)
Supp.No. 15 CD110:22
ZONING § 110-107
[4
Sec. 110-91. Conformity to plans, specifica- charges have been paid, except in those cases
tions, intended uses and appli- wherein fees are waived as specified in this sec-
cations. tion. All fees, costs and charges, upon collection,
Under this chapter, building permits or certif- shall be deposited in the general fund of the city.
icates of occupancy issued by the building depart- (d) Fees for proposed zoning amendments or
ment on the basis of plans, specifications, in- appeals of administrative decisions shall be waived,
tended uses and applications and approved by the provided the petition for amendment or appeal is
building official authorizing use, arrangement, sponsored by a majority of the city council or the
construction and design shall only be as described planning and zoning board. Compliance with this
in plans, specifications, intended uses and appli- subsection renders the petition an official city
cations. Use, arrangement, construction and de- mandate for presentation to the board of adjust-
sign at variance with those authorized by the ment or the city council, as appropriate, for final
plans, specifications, intended uses and applica- decision, without fee.
tions shall be deemed a violation of this chapter (Code 1981, § 645.37; Ord. No. 02-2006, § 2,
and shall authorize the building official to revoke 3-21-06)
or suspend any previously issued building per-
mits or certificates of occupancy, or pursue any Secs. 110-93-110-105. Reserved.
other remedy necessary to carry out his or her
duties under this chapter and other applicable DIVISION 2. PERMITS
law.
(Code 1981, § 645.11; Ord. No. 02-2006, § 2, Sec. 110-106. Required.
3-21-06)
(a) No building or other structure shall be
Sec. 110-92. Schedule of fees, charges and erected, moved, added to or structurally altered
expenses. without a permit issued by the building official in
(a) The fees and charges, in connection with
accordance with law.
matters pertinent to zoning, including, but not (b) The issuance of a permit upon plans and
limited to, zoning petitions, zoning ordinance specifications shall not prevent the building offi-
amendments, special exceptions, variances and cial from thereafter requiring the correction of
appeals,shall be as set forth in appendix B to this errors in such plans and specifications and requir-
Code. When the fee has been paid and the appli- ing the correction of building operations being
cation filed, there shall be no return or rebate of carried on thereunder to conform to corrected
the fee, regardless of the city's determination in plans and specifications,when in violation of this
the matter involved. Code.
(b) In addition to the scheduled fees, when an (c) No permit shall be issued for a building or
application is filed for rezoning or for a proposed use on a lot or parcel in any land use classification
amendment to this chapter, the applicant shall that does not abut on a public street or an
deposit with the city sufficient money to defray all approved private street or easement dedicated
involved costs for advertising,publication,admin- and accepted by the city providing legal access to
istration and recording,as determined by the city a public street.
clerk. If the process is not completed, any (Code 1981, § 645.03; Ord. No. 02-2006, § 2,
unexpended prepaid fees will be refunded to the 3-21-06)
applicant.
(c) No permit or certificate shall be issued and
Sec. 110-107. Application.
no inspection, public notice or other action rela- (a) All applications for building permits re-
tive to zoning petitions, zoning ordinance amend- quired under this chapter shall be made in con-
ments, special exceptions, variances or appeals formity with this chapter and other applicable
shall be instituted until after such fees, costs and city ordinances or codes, including those ordi-
Supp.No. 15 CD110:23
§ 110-107 CAPE CANAVERAL CODE
nances or codes applicable to the building and (d) No building permit shall be granted for the
construction industry. All applications for build- construction, addition or alteration of a place of
ing permits shall be accompanied by the appro- assembly, unless plans signed by a registered
priate number of copies of plans, as determined architect or registered engineer, according to the
by the building official, drawn to scale, showing laws of the state governing the practice of archi-
the legal description and the actual dimensions tecture, accompany the permit application.
and shape of the lot to be built upon; the exact
sizes and locations on the lot of buildings already (e) Where plans and specifications for construc-
tion in the city are revised by the city engineer,
existing,if any,and the size,shape and location of the actual costs of such review shall be paid by the
the building or alteration, including accessory applicant, whether a building permit is issued or
buildings or structures, if any. The application not.The building official shall require a deposit of
shall include such other information as lawfully estimated cost upon receipt of the application for
may be required by the building official,including a building permit.
existing or proposed building or alteration; exist- (Code 1981, § 645.04; Ord. No. 02-2006, § 2,
ing or proposed uses of the building and land;the 3-21-06)
number of families, housekeeping units or rental
units the building is designed to accommodate; Sec. 110-108. Expiration.
conditions existing on the lot; and such other
matters as may be necessary to determine con- The expiration date of the building permit
formance with and provide for the enforcement of shall be in accordance with the building code
this chapter. adopted in section 82-31.
(Code 1981, § 645.09; Ord. No. 02-2006, § 2,
(b) It shall be unlawful for any person to 3-21-06)
continue construction of any building or structure
beyond grade beam form, stemwall form or mono- Secs. 110-109-110-120. Reserved.
lithic slab form, as appropriate to the type of
foundation construction, until a scaled form- DIVISION 3. CERTIFICATE OF OCCUPANCY
board survey has been prepared by a Florida
licensed surveyor and approved by the building Sec. 110-121. Required.
official. One copy of the survey shall be filed with
the city.The form-board survey shall be indicative No building or structure shall be used or occu-
of the intended placement of concrete for the pied, and no change in the existing occupancy
foundation of the structure and shall include,at a classification of a building or structure or portion
minimum, the name and address of the project, thereof shall be made until the building official
the elevations at the top of the forms, the eleva- has issued a certificate of occupancy therefor.
tions of the centerline of the abutting roadway, Issuance of a certificate of occupancy shall not be
the dimensions for the structure, the dimensions construed as an approval of a violation of the
to the property lines, and the dimensions to other provisions of the city code or any other applicable
structures and improvements located on the same law. If issuance of such certificate is refused, the
lot. building official shall state such refusal in writing
with the reason. A temporary certificate of occu-
(c) One copy of the plans shall be returned to pancy may be issued by the building official for a
the applicant by the building official, after he period not exceeding six months during alter-
shall have marked such copy as permitted for ations or partial occupancy of a building pending
construction and attested to such by his signature its completion,provided that such temporary cer-
on such copy. This copy of the plans shall be tificate may require such conditions and safe-
available at the site of construction during all guards as will protect the safety of the occupants
times when construction is being carried on. The and the public.
second copy of the plans, similarly marked, shall (Code 1981, § 645.07; Ord. No. 05-2006, § 2,
be retained by the building official. 6-20-06)
I
Supp.No. 15 CD110:24
a
ZONING § 110-171
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 within 300 feet of any existing
98) church, school grounds or playgrounds
Secs. 110-123-110-135. Reserved. nor shall a church, school or playground
be permitted to locate within 300 feet of
DIVISION 4. RESERVED* any existing establishment which dis-
penses, sells,serves, stores or permits the
Secs. 110-136-110-160. Reserved. on-premises consumption of alcoholic bev-
erages.The distance shall be measured as
the shortest linear distance between the
ARTICLE IV. SPECIAL EXCEPTIONS property line of the establishment which
provides or proposes to provide for the
DIVISION 1. GENERALLY sale and consumption of alcoholic bever-
ages and the property line of the church,
Sec. 110-161. Structures and uses approved school grounds or playground.
by special exception.
A special exception is not deemed nonconform- (2) The establishment,if licensed by the state
ing. Any structure or use for which a special division of alcoholic beverages and to
exception is granted as provided in this chapter bacco to permit on premises consumption
shall be deemed, as to that particular special of beverages, shall not be located within
exception, to have all the rights and privileges of 2,000 feet of another licensed establish-
a conforming use, restricted, however, by the ment. The distance shall be measured as
terms of that specific special exception as granted. the shortest linear distance between the
(Code 1981, § 643.11) property line of the establishment which
proposes to provide for the sale and con-
Secs. 110-162-110-170. Reserved. sumption of alcoholic beverages and the
property line of any establishment which
DIVISION 2. ALCOHOLIC BEVERAGESt currently provides for the sale and con-
sumption of alcoholic beverages. Further,
Sec. 110-171. Establishments serving alco- the establishment shall be in compliance
holic beverages. with the Florida beverage laws (F.S. chs.
(a) Establishments which shall require a spe- 561 through 568). Provided, however, ex-
cial exception under this chapter by the board of ceptions to this subsection 110-171(a)(2)
adjustment are those, whether or not licensed by are:
*Editor's note—Ord. No. 11-2005, §2, adopted June 21, a. Restaurants seating 200 or more per-
2005, deleted div. 4, which pertained to amendments and sons.
rezonings and derived from Code 1981, ch. 647; §§ 647.03,
647.05„ 643.11, 647.01, and 647.05; Ord. No. 14-97, § 1, b. Hotels and motels which are ap-
adopted Nov. 18, 1997; Ord. No. 6-99, § 1, adopted June 15, proved in accordance with City Code.
1999;Ord.No.09-2002, § 1, adopted May 21,2002;and Ord.
No. 18-2002,§2C,adopted Dec. 17,2002. c. Restaurants licensed by the state
tCross reference—Alcoholic beverages,ch.6. division of alcoholic beverages and
Supp.No. 15 CD110:25
§ 110-171 CAPE CANAVERAL CODE
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
1. The establishment shall have the premises. The obligation to
the capacity for and have in sell 51 percent food and nonal
existence at least 25 seats for coholic beverages is a continu-
the serving of meals. No area ing obligation. It is a violation
within the establishment may of this zoning code to sell wine
be specifically designed for a and malt beverages granted un-
bar or lounge operation. der this exception unless the
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-
age, and bread.A partially con precedent to the issuance of a
sumed bottle of wine to be re special exception, the owner of
moved from the premises must the restaurant shall execute and
be securely resealed by the lic deliver to the city an affidavit
and agreement, upon forms ap-
ensee or its employees before
removal from the premises and proved and provided by the city,
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 110-171(a)(2)c.3.The owner
parent if the container has been shall also retain cash register
subsequently opened or tam receipts, guest checks and led-
pered with. A dated receipt for111 gers which may be reviewed at
the bottle of wine and full course the request of the city to deter-
meal shall be provided by the mine compliance.Failure to pro-
licensee and attached to the vide records requested shall be
container. If transported in a grounds for revocation of the
motor vehicle,the container with special exception granted un
the resealed bottle of wine must der this section. Any subse-
quent purchaser, assignee or
be placed in a locked glove com-
partment, a locked trunk, or transferee will be required to
the area behind the last up execute and deliver to the city
right seat of a motor vehicle an affidavit and agreement, as
that is not equipped with a provided above,in order to main-
trunk. tain the special exception upon
3. Arestaurant licensed under this the property provided by this
01 exception shall not derive less section. The restaurant, if ad-
than 51 percent of its gross vertised,shall be advertised and
Supp.No. 15 CD110:26
ZONING § 110-171
held out to the public to be a tances to the proposed estab-
place where meals are pre- lishment affixed per subsection
pared and served. (a)(1) of this section.
4. Sale or consumption of malt 4. Location of all establishments
beverages and wine shall be licensed by the state division of
limited to the time period set alcoholic beverages and tobacco,
by chapter 6. including 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-
(4) One parking space shall be provided for ment shall be indicated.
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.
Package retail sales establishments shall 1. Location and dimension of the
provide parking as determined by the proposed establishment's prop-
building official, who shall use the ratios erty lines, all existing and pro-
established in article IX of this chapter. posed structures, driveways,
(5) Each application for a special exception parking spaces and ingress/
egress points.
shall be accompanied by a vicinity map, a
site plan map and a building floor plan. 2. The following information shall
a. The vicinity map shall be drawn at a be presented in tabulated form:
scale of one inch equals 400 feet and i. Number of parking spaces.
shall indicate the following informa- ii. Number of restaurant
tion: seats.
1. The outer boundary of the vi- iii. Number of bar/lounge
cinity map, which shall be at seats.
least 2,500 feet from the centroid
of the proposed establishment's iv. Building area.
property. v. Lot area.
2. Location of all existing public c. The building floor plan shall be of a
streets between the proposed scale appropriate for the establish-
establishment and other estab- ment, but in no case shall the scale
lishments and land uses as de- be less than one-eighth inch equals
scribed in subsections(a)(1)and one foot and shall detail room lay-
(a)(2) of this section. outs and exits.
3. Location of all existing churches,
school grounds or playgrounds (b) Any special exception granted under this
which are within the vicinity section may be temporarily suspended or abso-
map area with specific dis- lutely revoked by majority vote of the board of
Supp.No. 15 CD110:26.1
§ 110-171 CAPE CANAVERAL CODE
adjustment at a public hearing,when the board of without a special exception for the on-premises
adjustment has determined by competent substan- consumption of alcoholic beverages for the follow-
tial evidence that either: ing:
(1) The establishment has obtained the spe- (1) Conventions. In convention halls, colise-
cial exception upon false statements,fraud, urns, and similar type buildings where
deceit,misleading statements,or suppres there is an existing beverage license, the
sion of material facts; director of the division of alcoholic bever-
ages and tobacco may,in his or her discre-
(2) The establishment has committed substan- tion,issue a permit for not more than five
tial violations of the terms and conditions calendar days for the display by manufac-
on which the special exception was granted; turers or distributors of products licensed
under the provisions of F.S. chapters 561
(3) The establishment no longer meets the through 568,and may authorize consump-
requirements of this section or the Florida tion of such beverages on the premises
Beverage Code; or only.
(4) The management of the establishment (2) Nonprofit civic organizations. The direc-
knowingly allowed illegal activities to be tor of the division of alcoholic beverages
conducted on the premises including, but and tobacco may issue a permit authoriz-
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
bling. from sales of alcoholic beverages collected
Prior to any special exception being revoked, during the permit period must be re
tained by the nonprofit civic organization.
the establishment shall be provided with min Any such civic organization may be issued
imum due process including notice of the grounds only three such permits per calendar year.
for revocation and hearing date, an opportu-
nity to be heard, the right to present evidence, (b) Any person or entity issued a temporary
and the right to cross-examine adverse wit- alcoholic beverage permit pursuant to this section
nesses. shall be subject to the provisions of chapter 6 of
the City Code, Alcoholic Beverages, as amended
(c) For on-premises consumption of liquors, from time to time, including, but not limited to,
restaurants or cocktail lounges shall have a min- hours of operation and nudity on the premises.
imum building area of 2,000 square feet and a (Ord. No. 03-2006, § 2, 6-20-06)
seating capacity of 100 patrons.
(Code 1981, § 642.01; Ord. No. 15-96, § 1, 9-3-96; Secs. 110-173-110-190. Reserved.
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, ARTICLE V. NONCONFORNIITIES
6-20-06; Ord. No. 04-2006, § 3, 6-20-06)
Sec. 110-191. Intent.
Sec. 110-172. Temporary alcoholic beverage (a) Within the districts established by this
permits. chapter or subsequent amendments there exist
lots, structures, placement of structures, uses of
(a) Upon approval of the city manager or the land and structures and characteristics of use
city manager's designee, and receipt of appropri- which were lawful prior to enactment of the
ate city permits, the division of alcoholic bever- ordinance from which this section is derived or
ages and tobacco may issue temporary permits amendment, but which would be prohibited, reg-
Supp.No. 15 CD110:26.2
ZONING § 110-193
ulated or restricted under the terms of this chap- mobile home parks shall not exceed the limits of
ter or subsequent amendment. It is the intent of property also on that date under unity of title and
this chapter to permit these nonconformities to shall be in accordance with state law.
continue,but not to encourage their continuance.
Such nonconformities are declared incompatible (b) Removal and installation of a mobile home
with permitted lots,structures,placement of struc- unit shall be done only after a permit is issued for
tures, uses and characteristics of use in applica- this purpose by the building official.
ble districts.It is further the intent of this chapter (Code 1981, § 643.03)
that nonconformities shall not be used as grounds
for adding other structures or uses prohibited Sec. 110-193. Nonconforming structures.
elsewhere in the same district. Where a lawful structure exists at the effective
date of adoption or amendment of the ordinance
(b) Any building which is made nonconforming from which this section is derived that could not
by virtue of this chapter shall be allowed to be be built under this chapter because of restrictions
replaced,if it is destroyed, to the same standards on area, lot coverage, height, setback or other
that it was prior to the adoption of this chapter characteristics of the structure or its location on
(September 6, 1983).This shall also include those the lot, such structure may be continued, so long
projects which are yet to be completed, but for as it remains otherwise lawfully subject to the
which application for site plan approval has been following:
made prior to adoption of this chapter and for
which a building permit was obtained before (1) Such structure may not be enlarged or
February 28, 1984. If a rebuilding is required, all altered in a way which increases its non-
efforts shall be made, where practicable, to con- conformity, but any structure or portion
form to the existing zoning ordinance. thereof may be altered to decrease its
nonconformity.
(c) All nonconforming lots of record as of Sep (2) Should such structure be destroyed by
tember 6, 1983, shall be allowed to be used in any means to an extent of more than 50
constructing structures that have been destroyed. percent of its fair market value at time of
The rebuilt structure will be rebuilt as close as destruction, it shall not be reconstructed,
practicable to the original building and shall except in conformity with this chapter.
make every effort to conform to the existing
zoning ordinance. (3) Should such structure be moved for any
reason for any distance whatever, it shall
(d) This chapter shall not be construed to thereafter conform to the regulations of
allow for the extension or enlargement of a non- the district in which it is located after it is
conforming lot or building but is merely intended moved.
to allow the rebuilding of structures after the
result of a catastrophe in as near a similar fash- (4) Where a lawful dwelling structure, lo-
cated on a single lot of record,exists at the
ion as practicable. effective date of adoption or amendment
(Code 1981, § 643.01) of the ordinance from which this section is
derived that could not be built under this
Sec. 110-192. Mobile home parks and single- chapter, such structure may be repaired,
family mobile home districts. enlarged,extended,rebuilt,reconstructed
or structurally altered, provided that set-
(a) Mobile home parks and single-family mo- back dimensions, maximum lot coverage,
bile home districts in existence on October 28, building setback lines and other require-
1975, shall be permitted, provided the number of ments of the additional structure conform
spaces shall not exceed those licensed or previ- to the regulations for the district in which
ously platted to such mobile home parks or dis- such lot is located. Any additional con-
tricts on that date and provided further that such struction to an existing structure that
Supp.No. 15 CD110:26.3
§ 110-193 CAPE CANAVERAL CODE
encroaches on setback requirements must
conform to the setback requirements of
the zoning district. Any legally estab-
lished encroachment on setback require-
ments may be repaired, rebuilt, recon-
structed or structurally altered, but not
enlarged or extended, provided the en-
croaching portion of the structure is an
integral part of the structure.
(Code 1981, § 643.05)
Supp.No. 15 CD110:26.4
1 4,
ZONING § 110-222
ited to, the following: Will the re- (b) Nothing in this chapter shall be deemed to
quested use (i) use less space; (ii) prevent the strengthening or restoring to a safe
have fewer employees; (iii) require condition of any building or part thereof declared
less parking; (iv) create less traffic; to be unsafe by an official charged with protecting
(v) have fewer deliveries; (vi) create the public safety, upon order of such official.
less noise; (vii) create a better bene- (Code 1981, § 643.09)
fit to surrounding area than previ-
ous use; (viii) be more acceptable Sec. 110-198. Temporary uses.
with the existing and future use or
make up of the area, (ix) be more The casual, intermittent, temporary or illegal
normally found in a similar neigh use of land or structures shall not be sufficient to
borhood; or (x) be of a less impact establish the existence of a nonconforming use.
than the present nonconforming use? Such use shall not be validated by the adoption of
(Code 1981, § 643.07(B); Ord. No. 19-96, § 1, the ordinance from which this section is derived,
9-3-96) unless it complies with this chapter.
(Code 1981, § 643.15)
0-199-110-220. Reserved.
ARTICLE VI. SITE PLANS*
Sec. 110-196. Nonconforming lots of record.
Secs. 11
In any zoning district in which single-family
dwellings are permitted, a single-family dwelling
and customary accessory buildings may be erected,
expanded, or altered on any single lot of record,
notwithstanding that such lot fails to meet the Sec. 110-221. Submittal and review required.
requirements for area,width,and/or depth for the
applicable zoning district. This provision shall Under this chapter, site plan submittal and
only apply where yard dimensions and require- review are required for the following:
ments other than area, width, and/or depth con- (1) New commercial buildings or structures.
011 form in all other respects with the land develop-
ment regulations for the applicable zoning district. (2) New residential structures with four or
(Ord. No. 41-2003, § 2, 12-16-03) more dwelling units.
Editor's note—Ord. No. 41-2003, § 2, adopted Dec. 16, (3) Commercial additions exceeding 850 square
2003, added a new section 110-196 to read as herein set out
and renumbered the former §§ 110-96 and 110-97 as 110-97 feet of gross floor area.
and 110-98. (Code 1981, § 645.05(A))
Sec. 110-197. Repairs and maintenance. Sec. 110-222. Criteria required.
(a) On any building devoted in whole or in part Site plan criteria required under this chapter
to any nonconforming use, work may be done in shall be as follows:
any period of 12 consecutive months on ordinary
repairs or on repair or replacement of nonbearing (1) Plan drawn to scale, no greater than one
walls, fixtures, wiring or plumbing to an extent inch to 50 feet,on sheets two feet by three
not exceeding ten percent of the replacement feet, showing the following site data:
value of the building, provided that the cubic a. Size, height, number of units and
content of the building as it existed at the time of location of proposed and existing
passage or amendment of the ordinance from structures and their relationship to
which this section is derived shall not be in- property lines, setbacks, easements,
creased and, provided further,that such repair or streets, etc.
replacement shall not affect the assessed valuation- b. Dimensions and total gross acreage
time allowance before termination setting the of the site and percentage devoted to
time limit for conformity, set forth in section
IP110-195(6). *Cross reference—Planning,ch.58.
Supp.No. 15 CD 110:29
§ 110-222 CAPE CANAVERAL CODE
structures and percentage of park- d. Location of established seawall line
ing area devoted to landscaping with and information for construction, if
curbs and water provisions. required.
c. Total number of units proposed; to- e. Surveyor's certification.
tal number and size of on-site park-
ing spaces and loading zones. f. Elevations to be given on one-foot
intervals.
d. Traffic flow diagram to ensure that
an orderly and safe traffic flow is g. Range markers and coastal construc-
permitted within the site and that tion setback line, where required.
no traffic problems are created by h. Location and type of existing trees
the proposed ingress and egress four inches in diameter or larger.
routes.
e. Calculation of density(dwelling units (3) Engineering data, including the follow-
per acre). ing:
f. Location and dimension of areas for a. Finished grades for entire parcel,
parks,canals,waterways,boat slips, finished elevations for floors,streets,
parking areas,swimming pools,drive- parking lots,sidewalks,ten inches of
ways, recreation, trash and garbage adjoining property, etc.
pickup, sidewalks, dune crossovers, b. Details, sections and specifications
etc. required of all improvements, such
g. In those site plans which require a as streetlights, water and sewer
subdivision of land,no site plan shall (structures, pipes, appurtenances),
be approved until the city council paving and drainage, curbs, storm
has given approval to the prelimi- drainage and sidewalks.
nary plat.
c. Engineer's seal required in draw-
h. The type of enclosure for and loca- ings.
tion of communal-type trash contain-
ers (dumpsters). Type of enclosure d. Engineering storm drainage design
shall be subject to approval and ac calculation and drainage maps.
ceptance of the planning and zoning (4) Square footage of building for the follow-
board.
ing:
i. Fire alarm and standpipe data,when a. Living.
required.
j. Site vicinity map. b. Parking.
k. Location of planned landscaping in c. Other.
compliance with sections 110-566 and d. Total under roof.
110-567.
(2) Topographic survey, including the follow (5) Drawing notes required as follows:
ing: a. Sidewalk and sanitary sewers to be
a. USC and G.S. datum plane. constructed to city standards.
b. Existing and proposed streetlights, b. Water lines to conform to City of
water, sewer, paving, storm drains, Cocoa standards.
fire hydrants, sidewalks, etc. c. Where applicable, fire alarm system
c. Lot lines and dimensions of all set- to be installed and connected to city
backs, structures and easements. fire department standards. I
Supp.No. 15 CD110:30
ZONING § 110-223
(6) For mean high water, survey shall be official shall prepare a site plan checklist to be
done by procedures established by F.S. submitted to the planning and zoning board when
§ 177.25 et seq. a site plan is reviewed.
(Code 1981, § 645.05(C); Ord. No. 07-2006, § 3,
6-20-06) (g) The planning and zoning board, following
public hearing and review of any submitted site
Sec. 110-223. Review procedures. plan,shall make a written recommendation to the
(a) Five copies of the site plan,prepared,signed city council recommending approval,approval with
and sealed by a professional engineer licensed by conditions,or denial of the application based upon
the state, shall be filed with the building official the site plan's compliance with the city's Code and
no later than 30 days prior to the meeting date at comprehensive plan. Such recommendation shall
which the applicant is seeking planning and zon- include the reasons for the board's recommenda-
ing board review. Filing fees as set forth in tion and show the board has considered the ap-
appendix B to this Code shall be paid at this time. plicable site plan criteria set forth in this article.
(b) The site plan shall be submitted by the (h) Upon receipt of the planning and zoning
building department to the following department board's recommendation, and following a public
heads for their review and comments: hearing and review of the submitted site plan,the
(1) City engineer or registered engineers ap- city council shall make a final decision on the
proved by the city. application.If the city council determines that the
(2) Building department. planning and zoning board has not made a rec-
ommendation on an application within a reason-
(3) Fire marshal. able period of time, the city council may, at its
(4) State department of environmental pro- discretion, consider an application without the
tection. All phases calling for buildings planning and zoning board's recommendation.
located on the Atlantic Ocean and Banana Any decision of the city council is final and subject
River are to be reviewed by this depart- to judicial review.
ment.
(i) If the city council elects to grant conditional
(c) Within 14 days of the time the plans are approval of a site plan subject to any conditions or
received by the various department heads, they contingencies, the applicant shall have 90 days
shall submit, in writing, to the building depart- from the date of conditional site plan approval to
ment, a written report commenting on factors satisfy any such conditions and/or contingencies.
relating to the site plan. If all conditions and/or contingencies are satis-
(d) The building department shall give a copy fled, the final site plan approval date shall be
of the written comments to the applicant or his either the expiration of the 90-day period; or the
representative to review, respond to and make date the building official certifies by notation on
any changes he deems appropriate to conform to all city site plan copies, that all conditions and/or
the comments and recommendations from the contingencies are satisfied, whichever first oc-
department heads. curs. If the conditions and/or contingencies are
(e) The applicant shall submit seven copies of not satisfied before the expiration of the 90-day
automat-
the revised site plan, along with his architect's period the conditional approval shall be
and engineer's comments, in response to the de-
ically withdrawn and the application shall stand
partment heads' reviews, to the building depart- as denied. The 90 day compliance period may be
ment no later than five days prior to the meeting. extended at the discretion of the city council,upon
written request of the applicant prior to the
(f) All plans shall be made available to the expiration of the 90-day compliance period, and
planning and zoning board for its review and where the applicant demonstrates unusual cir-
recommendation to the city council. The building cumstances or undue hardship.
Supp.No. 15 CD110:30.1
§ 110-223 CAPE CANAVERAL CODE
(j) The planning and zoning board and city tion for site plan approval in accordance
council shall have no authority to consider a with the City Code and city comprehen-
proposed site plan unless: sive plan. The formal rules of evidence do
(1) The applicant has adequately and com- not apply.
pletely addressed all items on the site (d) The city council shall grant or deny the
plan checklist prepared by the building appeal by majority vote in accordance
official; and with the council's quorum requirements
(2) The applicant has otherwise complied with contained in the City Charter. Failure to
all matters contemplated under this sec- reach a majority vote will result in denial
of the appeal.Any dispute of fact must be
tion. decided on the basis of a competent and
(k) Following a public hearing on any applica- substantial evidence. The decision of the
tion for site plan approval [before] the city coun- city council is final.
cil, the city clerk shall send to the applicant, by (e) Judicial review of the denial of site plan
certified mail, return receipt requested, written approval shall be available only after the
notice of the action taken and the right to judicial administrative procedures and remedies
review. set forth in this section have been ex-
(Code 1981, §645.05(B);Ord.No. 37-93, 10-19-93; hausted.
Ord. No. 2-94, 2-1-94; Ord. No. 35-2003, § 2, (Ord. No. 35-2003, § 2, 10-21-03)
10-21-03; Ord. No. 03-2005, § 2, 4-5-05)
Sec. 110-224. Expiration.
Sec. 110-223.5. Appeal. All site plans under this article shall expire in
Any person(s) or the city aggrieved by the 12 months from the final approval of the planning
decision of the planning and zoning board to the and zoning board, unless the building permit is
city council in accordance with the following pro- issued or the applicant files with the city in
cedures.The filing of an appeal stays the action of writing a time extension for such site plan. The
the planning and zoning board until a decision by planning and zoning board shall recommend at
the city council is rendered. its discretion such requests for city council(a) The applicant may, not later than ten ap-
proval by resolution only if justifiable cause is
calendar days after receiving notice of demonstrated and there have been no changes in
final action by the board relating to site any regulations in the interim. If grantd , there
shall be a one-time extension for no longer than
plan approval, file with the city clerk a six months.
written request for an appeals hearing (Code 1981, § 645.05; Ord. No. 10-91, §§ 1, 2,
before the city council. 11-7-91)
(b) If a written request is filed within the Secs. 110-225-110-245. Reserved.
ten-day limit and as otherwise provided
above, the city council shall consider the
request. The city council shall hear, and ARTICLE VII. DISTRICTS*
make a determination on,the appeal within
30 days from the date the written request
for an appeal is received by the city clerk. DIVISION 1. GENERALLY
The applicant shall be provided notice of
Sec. 110-246. Official zoning map—Adopted.
the city council hearing at least seven
days prior to the council hearing. (a) The city is divided into zones or districts,as
(c) The city council shall hear and consider shown on the official zoning map which, together
evidence offered by any interested person with all explanatory matter thereon, is adopted
to determine whether the planning and *Cross reference Sign regulations for shopping centers,
zoning board properly denied an applica- §94-100.
Supp.No. 15 CD110:30.2
ZONING § 110-334
adjacent to major arterial streets and convenient (8) Commercial recreation, such as driving
to major residential areas. The types of uses ranges, bowling alleys and similar uses.
permitted are intended to serve the consumer (9) Plant nurseries and greenhouses, pro-
needs of nearby residential neighborhoods, as vided that all outside display merchan-
well as the commercial needs of the motorist. Lot dise shall be contained in the required
sizes and other restrictions are intended to reduce setbacks.
conflict with adjacent residential uses and to
minimize the interruption of traffic along thor- (10) Repair service establishments, such as
oughfares. All buildings in this district shall be household appliances, radio and TV and
considered in the fire district, as per the defini- similar uses, but not including automo-
tion in section 110-1, and shall be built in con- bile repairs.
formance with the rules and regulations of fire (11) Kindergartens and child care facilities.
districts.
(Code 1981, § 637.45) (12) Shopping centers and malls.
(13) Retail sale of beer and wine for off-
Sec. 110-332. Principal uses and structures. premises consumption.
In the C-1 low density commercial district, the (14) Public schools.
following uses and structures are permitted: (Code 1981, §637.47; Ord.No. 17 96, §3, 10-1-96;
Ord. No. 04-2006, § 2, 6-20-06)
(1) Retail stores, sales and display rooms.
Sec. 110-333. Accessory uses and structures.
(2) Personal service establishments, such as
beauty shops and barbershops, laundry In the C-1 low density commercial district,
and dry cleaning pickup stations, tailor customary accessory uses of one or more of the
shops and similar uses. principal uses clearly incidental and subordinate
to the principal use, in keeping with the low
(3) Professional offices, studios, clinics, labo- density commercial character of the district, are
ratories, general offices, business schools permitted.
and similar uses. (Code 1981, § 637.49)
(4) Hotels, motels with a minimum of 150 Sec. 110-334. Special exceptions permissi-
rental units. In no case shall there be ble by board of adjustment.
more than 30 rental units per net acre nor
shall a rental unit have a floor area less (a) In the C-1 low density commercial district,
than 300 square feet. Hotel and motel after public notice and hearing, the board of
units containing provisions for cooking or adjustment may permit special exceptions which
light housekeeping shall have a minimum are compatible to permitted uses and which are
floor area not less than 400 square feet. able to meet the minimum requirements and
Motels and hotels may not be converted to performance standards as set forth in this zoning
other types of dwellings at more than the district.
density required in this chapter for such
dwellings. (b) The board of adjustment may adjust set-
backs and provisions noted in article IX of this
(5) Eating establishments. chapter as necessary and appropriate in granting
special exceptions.
(6) Public and semipublic parks,playgrounds,
clubs and lodges, cultural facilities, hos- (c) Special exceptions may be permitted for the
pitals, clinics, mortuaries, funeral homes, following:
government offices, schools, churches and (1) Veterinary hospitals and clinics.
similar uses.
(2) Radio and television studios, broadcast-
4111 (7) Banks and financial institutions. ing towers and antennas.
Supp.No. 15 CD110:38.1
0
0
0
ZONING § 110-352
areas zoned or designated on a Corn- est, detrimental to the public
prehensive Plan for residential use welfare, or injurious to nearby
that lie outside of the city. properties, and that the spirit
c. Permissible locations.Notwithstand- and intent of the zoning ordi-
ing any other provisions of the zon- nance will be observed;
ing ordinance of the city,except those 2. That all applicable provisions
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 ment code will be observed;
be allowed in the M-1 zoning dis- 3. That the proposed use will not
trict. be contrary to any adopted land
d. Measurement of distance. The dis- use plan;
tance between any two adult enter- 4 That special conditions and cir-
tainment establishments or sexually cumstances exist which are pe-
oriented businesses shall be mea- culiar to the land, building or
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- 6. That the variance does not con-
out regard to intervening structures, fer upon the applicant any spe-
from the closest exterior structural cial privilege.
wall of the adult entertainment es-
tablishment or sexually oriented busi- (8) Vocational schools and colleges.
ness to the nearest boundary of the (g) Fireworks sales facilities subject to the
area zoned or designated on the corn- following distance requirements:
prehensive plan for residential use,
or nearest property boundary of any a. They shall be at least 1,000 feet from
religious institution, public library, any pre-existing fireworks sales fa-
public park or educational institu- cilities;
tion. b. They shall be at least 1,000 feet from
e. Reserved. any pre-existing residential use or
property designated residential on
f. Variance. Upon written application the city's comprehensive plan future
duly filed with the city,the city coun- land use map and/or official zoning
cil, may grant a variance, with or map;
without conditions and additional c. The distance shall be measured as
safeguards, to the distance require the shortest linear distance between
ments of subparagraph b. above if it the property line of the proposed
finds: fireworks sales facility and any pre-
1. That the proposed use will not existing fireworks sales facilities or
be contrary to the public inter- any pre-existing residential use or
Supp.No. 15 CD110:43
§ 110-352 CAPE CANAVERAL CODE
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) Storage of liquefied petroleum products,
04) provided that all such uses comply with
the standards set out in the National Fire
Sec. 110-353. Accessory uses and structures. Protection Association, Fire Prevention
Code. Above ground storage of liquefied
In the M-1 light industrial and research and petroleum products in excess of 3,000
development district, accessory uses and struc- gallons shall be in an established fire
tures shall be permitted as follows: district.
(1) Retail sales of products manufactured upon (7) Recycling activities for the collection of
the premises. nonhazardous materials,provided that all
(2) Customary accessory uses of one or more storage of such materials shall be in ap
of the principal uses, clearly incidental proved structures, containers or trailers.
and subordinate to the principal use, in (8) Radio and TV studios.
keeping with the light industrial and re-
search and development character of the (9) Shopping centers, provided the shopping
district. center is on a minimum ten-acre plot and
(Code 1981, § 638.05) has a minimum of 75,000 square feet of
interior space under the roof.All shopping
Sec. 110-354. Special exceptions permissi- centers shall be built in conformance with
ble by board of adjustment. the criteria for the classification of shop-
ping centers as set forth in the building
(a) In the M-1 light industrial and research code adopted in section 82-31.
and development district, after public notice and (10) Public utility equipment;uses and rights-
hearing, the board of adjustment may permit of-way essential to serve the neighbor-
special exceptions which are compatible to per- hood in which it is located.
mitted uses and which are able to meet the
minimum requirements and performance stan- (11) Reserved.
dards as set forth in this zoning district. (12) Permanent security living facilities, sub-
(b) The board of adjustment may adjust set -
backs and provisions of section 110-566 as deemed ing:
necessary and appropriate in granting a special a. Maximum size not to exceed 800
exception. square feet.
(c) Special exceptions may be granted for the b. Security personnel only; no children
following: allowed.
(1) Outside storage, as provided in section c. Facility to be used exclusively for
110-566. security purposes.
(2) Freight handling facilities; transporta (13) Restaurants.
tion terminals. (14) Public buildings.
(3) Temporary security facilities, subject to (15) Telecommunications towers,subject to the
annual review. provisions of section 110-482.
Supp.No. 15 CD110:44
ZONING § 110-359
(16) Conveyor systems for purposes of moving (2) Minimum lot width shall be 75 feet.
aggregate and other materials, subject to
the following: (3) Minimum lot depth shall be 100 feet.
a. Conveyor systems must be connected (4) Maximum lot coverage shall be 50 per-
and adjacent to Port Canaveral. cent.
b. Conveyor systems crossing the set- (5) Minimum floor area shall be 300 square
back must be constructed in a north- feet.
south direction,perpendicular to Port (6) The maximum height of all buildings con-
Canaveral. structed within the M-1 zoning district
c. Conveyor systems must be corn- shall be 45 feet.
pletely enclosed where located within (Code 1981, § 638.11; Ord. No. 18-96, § 2, 9-3-96)
a setback.
d. Conveyor systems shall not exceed Sec. 110-357. Minimum setbacks.
30 feet in height,where located within (a) In the M-1 light industrial and research
a setback. 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, (3) Side (corner lot line), 25 feet.
9-2-97; Ord. No. 16-2005, § 2, 10-4-05)
Cross reference—Adult entertainment,§ 10-86 et seq. (4) Rear, 15 feet, except where industrial
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:
(1) All uses not specifically or provisionally (b) See section 110-536 for special setbacks.
permitted in this division and uses not in (Code 1981, § 638.11)
keeping with the light industrial and re-
search and development character of the Sec. 110-358. Landscaping, screening and
district. parking.
(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.
(11 feet. (Code 1981, § 638.15)
Supp.No. 15 CD110:44.1
§ 110-360 CAPE CANAVERAL CODE
Sec. 110-360. Parking and loading.
In the M-1 light industrial and research and
development district,offstreet parking shall be as
provided in section 110-491 et seq. and offstreet
loading shall be as provided in section 110-506 et
seq.
(Code 1981, ch. 638.17)
Secs. 110-361-110-370. Reserved.
DIVISION 7. TOWNHOUSES
Sec. 110-371. Permitted use.
Townhouses are permitted as an allowed use in
R-2 and R-3 districts.
(Code 1981, ch. 639)
Sec. 110-372. Area and dimensions.
Townhouse area and dimensions shall be as
follows:
(1) Minimum area to be developed shall be
6,250 square feet.
(2) Minimum lot area shall be 1,600 square
feet.
(3) Minimum lot width shall be 20 feet.
(4) Minimum lot depth shall be 70 feet.
(5) Maximum lot coverage by all buildings
shall be 40 percent of the site area.
Supp.No. 15 CD110:44.2
ZONING § 110-483
minimal, the landscaping re- height or 36 square feet in gross
quirement may be reduced or floor area and shall otherwise con-
waived by the board of adjust- form to the requirements of section
ment if the goals of this section 110-468 as an accessory structure.
would be better served thereby. The structure or cabinet shall be
(iii) Existing mature tree growth and screened from view.
natural land forms on the site 9. Removal of abandoned antennas and tow-
shall be preserved to the maxi- ers. Any antenna or tower that is not operated for
mum extent possible. In some a continuous period of 12 months shall be consid-
cases, such as towers sited on ered abandoned, and the owner of such antenna
large, wooded lots, natural or tower shall remove the same within 90 days of
growth around the property pe- receipt of notice from the City of Cape Canaveral
rimeter may be sufficient buffer. notifying the owner of such abandonment.Failure
8. Equipment cabinets and accessory struc- to remove an abandoned antenna or tower within
tures. said 90-day shall be grounds to remove the tower
or antenna at the owner's expense. If there are
(a) Antennas mounted on structures or roof- two or more users of a single tower, then this
tops. The equipment cabinets or struc- provision shall not become effective until all users
tures used in association with antennas cease using the tower.
shall comply with the following:
(1) The cabinet or structure shall not 10. Nonconforming uses.
contain more than 36 square feet of (a) Not expansion of nonconforming use. Tow-
gross floor area or be more than six ers or antennas that are constructed, and
feet in height. antennas that are installed,in accordance
(2) Equipment storage buildings or cab- with the provisions of this section shall
Mets shall comply with all applica- not be deemed to constitute the expansion
ble building codes. of a nonconforming use or structure.
(b) Antennas mounted on utility poles or light (b) Preexisting towers. Nonconforming towers
poles. The equipment cabinet or structure or antennas shall be allowed to continue
used in association with antennas shall their usage as they presently exist. Rou-
be located in accordance with the follow- tine maintenance shall be permitted on
ing: such nonconforming towers or antennas.
New construction other than routine main-
(1) In residential districts, the equip tenance on a nonconforming tower or an-
ment cabinet or structure may be tenna shall comply with the requirements
located: of this section.
(i) In a rear or side yard provided
the cabinet or structure is no (c) Rebuilding damaged or destroyed noncon-
greater than six feet in height forming towers or antennas.Notwithstand-
or 36 square feet of gross floor ing paragraph 9., bona fide nonconform-
area and shall otherwise con- ing towers or antennas that are damaged
form to the requirements of sec or destroyed may be rebuilt without hav-
tion 110-468 as an accessory ing to first obtain administrative ap-
structure. proval or a special exception and without
The structure or cabinet shall having to meet the separation require-
(ii) ments specified in paragraphs 7.(b)(4)and
be screened from view. 7(b)(5). The type, height, and location of
(2) In commercial or industrial districts the tower onsite shall be of the same type
the equipment cabinet or structure and intensity as the original facility ap-
shall be no greater than six feet in proval. Building permits to rebuild the
Supp.No. 15 CD110:65
§ 110-483 CAPE CANAVERAL CODE
facility shall comply with the then appli- (b) This section refers to EPMGs serving pub-
cable building codes and shall be obtained lic, government or private facilities where life
within 180 days from the date the facility safety does not depend on the performance of the
is damaged or destroyed. If no permit is system.
obtained or if said permit expires, the
tower or antenna shall be deemed aban- (c) All EPMG units and installations must
doned as specified in paragraph 9. meet all the requirements of this Code, as well as
(d) Collocation. To accommodate collocation, all other appropriate technical codes and any
nonconforming towers may add applicable manufacturer specifications.
addi-
tional antennas (belonging to the same (d) The EPMG may only be used in emergency
carrier or other carrier)subject to admin- situations where there is a power outage.
istrative review pursuant to paragraph 6.
of this section. (e) Testing,diagnostic and maintenance proce-
dures Repair. Nothing in this section shall be dures may only occur during daylight hours be-
deemed to prevent the strengthening or tween 8:00 a.m. and 5:00 p.m. at a maximum of
restoring to a safe condition of any non once per week.
conforming tower or antenna or part (f) Installation of an EPMG shall comply with
thereof declared to be unsafe by the build- the following restrictions:
ing official or any other city official autho-
rized to protect the public, health, safety, (1) A permit shall be obtained from the build-
and welfare. ing official prior to any installation.
11. Nonconforming towers shall be allowed to (2) The installation shall meet all applicable
be rebuilt and relocated elsewhere on the existing building, electrical and technical codes.
site with administrative approval of the building
official under the following conditions: (3) The EPMG shall not encroach more than
(a) The tower does not exceed the maximum five and one-half feet into any required
height allowed in 110-483, 4(0). setback, and in no case shall be any closer
than two and one-half feet from any prop-
(b) The tower does not reduce the existing erty line, fence or other structure.
setback from residentially zoned property.
(c) The tower does not reduce the existing (4) The EPMG shall not be installed in an
separation distances from other existing easement.
towers. (5) The EPMG shall be fastened to a mini-
(d) The tower includes the provision for the mum three-and-one-half-inch-thick con-
collocation of antennas. crete pad or manufacturer-approved pad.
(e) The tower is designed to be less intrusive (6) Exhaust termination shall be located as
than the existing tower. prescribed within the technical codes ref-
(f) The existing tower is removed within 30 erenced in chapter 82 of this Code.
days of completion of the new tower.
(Ord. No. 8-97, § 2, 9-2-97; Ord. No. 22-98, § 1, (7) The EPMG shall be situated near the
7-7-98; Ord. No. 28-98, §§ 1-5, 9-15-98) existing electrical service entrance of the
structure and screened from public view.
Sec. 110-484. Emergency pad-mounted gen-
erators. (8) Permanent signage shall be placed at the
service entrance equipment indicating the
(a) The term"emergency pad-mounted gener- type and location of the EPMG.
ators" ( EPMG ) shall mean the residential or
commercial use of a ground-mounted standby (9) For EPMGs that produce a carbon-type
generator system to be utilized in emergency exhaust, a permanently wired carbon-
power outage situations. type exhaust sensor, with a battery back-
Supp.No. 15 CD110:66
ZONING § 110-492
up, shall be located within the residence (6) Medical or dental clinics. Three spaces for
served. The location shall be approved by each examination or treatment room plus
the building official. one space for each employee.
(10) One side setback on the property shall (7) Mortuaries. One space for each five seats
remain open space in accordance with or seating places,exclusive of areas needed
this Code. for ambulances.
(Ord. No. 15 2005, § 2, 9-20-05) (8) Nursing or convalescent homes and sani-
tariums. One space for each four patient
Secs. 110-485-110-490. Reserved. beds plus one space for each employee on
the largest work shift.
DIVISION 2. OFFSTREET PARKING* (9) Commercial,office and professional build-
ings, excluding medical and dental clin-
Sec. 110-491. Number of spaces required. ics. One space for each 300 square feet of
gross floor area.
There shall be provided at the time of the (10) Public buildings. One space for each five
erection or change of use of any main building or seats or seating places or one space for
structure or at the time any main building or every 150 square feet of floor area in the
structure is enlarged or increased in capacity, by main assembly room,whichever is greater.
adding dwelling units, guestrooms, floor area or
seats,minimum offstreet automobile parking space (11) Residential uses, including single family,
with adequate provisions for ingress or egress in two-family and multiple family dwellings
and mobile homes. Two spaces for each
accordance with the following:
living unit.
(1) Auditoriums, theatres, clubs, lodges, res (12) Colleges, technical and vocational schools.
taurants and other places of assembly. One space for each student and faculty
One space for each three seats or seating
places or one space for every 100 square member.
feet of floor area of the main assembly (13) Hotels and motels. One space for each
hall, whichever is greater. sleeping unit plus one space for 12 sleep-
ing units for employee parking.
(2) Churches, temples or places of worship.
One space for each four seats or seating (14) All other uses. To be determined by the
places or one space for each 125 square building official, who shall use the ratios
feet of floor area of the main assembly established in this section as a standard
hall, whichever is greater. for determining the requirements.
(3) Hospitals. Two spaces for each patient (Code 1981, § 641.01(A))
bed plus one space for each employee on Sec. 110-492. Location of spaces.
the largest work shift.
(4) Libraries, museums. Offstreet parking (a) Parking spaces for all residential uses shall
be located on the same property as the main
spaces equal in area to 50 percent of the building, except that one-half the total number of
floor area open to the public. required spaces for multiple-family dwellings,
(5) Manufacturing and industrial uses. One townhouses and mobile homes may be located in a
space for each employee on the largest common parking facility not more than 200 feet
work shift. distant from the nearest boundary of the site.
*Cross references—Requirements for landscape appear- (b) Parking spaces for other uses shall be pro-
ance and maintenance, §34-99;buildings and building reg-u- vided on the same lot or not more than 500 feet
lations,ch.82. distant.
Supp.No. 15 CD110:66.1
§ 110-492CAPE CANAVERAL CODE
(c) Parking requirements for two or more uses public street, provided that such property
of the same or different types may be satisfied by abuts such street for a distance of not less
the allocation of the required number of spaces for than 120 feet.
each use in a common parking facility. (4) There shall be a minimum distance of 30
(d) Required offstreet parking areas for seven feet between any two openings onto the
or more automobiles shall have individual spaces same street.
marked and shall be so designed,maintained and (5) No point of access shall be allowed within
regulated that no parking or maneuvering shall 30 feet of the intersection of the right-of-
be on any landscaped buffer,public street,walk or way lines of any public street.
alley and so that any automobile may be parked
and unparked without moving another, allowing, (6) No curbs shall be cut or altered and no
however,a driveway of not more than 24 feet total
on any street or alley for ingress or egress to the
point of access or opening for vehicles onto
a public street shall be established with-
offstreet parking area. out a permit issued by the building de-
(Code 1981, § 641.01(B)) partment.
(7) In lieu of any two openings permitted on
Sec. 110-493. Access. any one street, there may be permitted a
single point of access up to 35 feet in
(a) In order to promote the safety of the motor-
ist and the pedestrian and to minimize traffic excess of 200 feet.
congestion and conflict by reducing the magni-
tude of and the points of contact, the following (b) Projects for which a site plan is required,
shall apply: such as plaza developments, compound uses and
pp y' shopping centers, shall be considered on an indi-
(1) A point of access (a driveway or other vidual basis and may deviate from this section in
opening for vehicles onto a public street) the interest of traffic safety, upon recommenda-
shall not exceed 24 feet in width, except tion by the planning and zoning board.
as otherwise provided in this division. (c) One-family, two-family and three-family
(2) The maximum number of points of access dwelling units shall be exempt from this section.
permitted onto any one street shall be as (Code 1981,§641.01(C);Ord.No.3 96,§ 1,3-5-96;
follows: Ord. No. 26-96, § 1, 1-14-97)
111
Lot Width Number of Points Secs. 110-494-110-505. Reserved.
Abutting Street of Access
Less than 125 feet 1 DIVISION 3. OFFSTREET LOADING
Over 125 feet 2
provided; however, that a residential lot Sec. 110-506. Requirements.
of less than 125 feet may have a circle
driveway with two points of access pro
(a) Every permitted use requiring the receipt
or distribution by vehicles of materials or mer-
vided that it comply with the other terms chandise and having a floor area of 10,000 square
and conditions of this section. feet or more shall have at least one permanently
maintained offstreet loading space for each 10,000
(3) Joint use access between abutting proper- square feet or fraction thereof of gross floor area.
ties is encouraged and there may be per-
mitted a single joint use point of access up (b) Single occupancy retail operations, whole
to 35 feet in width. Service stations shall sale operations and industrial operations with a
be permitted two openings not to exceed gross floor area of less than 10,000 square feet
35 feet each in width along any abutting shall provide sufficient receiving space on the
Now
Supp.No. 15 CD110:66.2
ZONING § 110-522
property so as not to hinder the movement of as an addition to the residence or any attached
vehicles and pedestrians over a sidewalk, street garage or porch which has been converted into
or alley. living quarters shall be considered as floor area
(Code 1981, § 641.03(A)) until two years after the date of completion thereof.
Sec. 110-507. Location and dimensions of (e) No additional and separate entrance incon-
space. gruent with the residential structural design shall
be constructed for the purpose of conducting the
Each offstreet loading space shall have direct home occupation.
access to an alley or street and shall have the
following minimum dimensions: (f) The home occupation shall be conducted
(1) Length, 45 feet. entirely within the dwelling unit used as the
residence.
(2) Width, 12 feet.
(3) Height, 14 feet. (g) For single-family,duplex or townhouse struc-
(Code 1981, § 641.03(B)) tures, no display of goods or external evidence of
the home occupation shall be permitted other
Secs. 110-508-110-520. Reserved. than one nonilluminated nameplate, not exceed-
ing two square feet in area, which may be dis-
played affixed flat against the exterior surface at
DIVISION 4. HOME OCCUPATIONS* a position not more than two feet distant from the
main entrance of the dwelling unit concerned.For
Sec. 110-521. Permitted home occupations. structures housing multifamily or mixed uses, no
Customary home occupations which are inti external evidence of the home occupation shall be
dental to the permitted residential use shall be Permitted.
allowed in any district which permits home occu- (h) No provision for offstreet parking or load-
pations. ing facilities, other than the requirements of the
(Code 1981, § 641.07) district in which the use is located, shall be
permitted. Occupations which generate greater
Sec. 110-522. Requirements. volumes of traffic than would normally be ex-
(a) Home occupations are permitted within the pected in a residential neighborhood are prohib-
confines of any dwelling unit,provided all restric- ited.
tions of this section are complied with. (i) No stock in trade or commodities, other
(b) The primary use of the building shall re- than those prepared, produced or created on the
main residential, and the operator of the home premises by the operator of the home occupation,
occupation shall remain a resident thereof. shall be kept or sold on the premises.
(c) No structural additions, enlargements or (j) No motor power other than electric motors
exterior alterations changing the residential ap- shall be used in conjunction with a home occupa-
pearance to a business or commercial appearance tion. The total horsepower of such motors shall
shall be permitted. not exceed three horsepower or one horsepower
(d) No home occupation shall occupy an area for any single motor.
greater than 25 percent of the first floor area of (k) No equipment or process shall be used in a
the dwelling unit, exclusive of the area of any home occupation which creates noise, vibration,
open porch or attached garage or similar space glare, fumes or odors, detectable to the normal
not suited or intended for occupancy as living senses off the lot. No equipment or process shall
quarters. No rooms which have been constructed be used which creates visual or audible interfer-
*Cross reference—Occupational license tax, § 70-66 et ence in any radio or television receiver or causes
seq. fluctuation in line voltage outside the dwelling
Supp.No. 15 CD110:66.3
§ 110-522 CAPE CANAVERAL CODE
unit. No home occupation shall interfere with the setback is required under any of the zoning dis-
reasonable enjoyment of adjoining or nearby dwell- tricts such greater setback requirements shall be
ing units or properties. enforced.
(Code 1981, § 641.09) (Code 1981, § 641.17)
Cross reference—Building code, §82-31 et seq.
Sec. 110-523. Occupational license required. Sec. 110-537. Erection of more than one prin-
Permitted home occupations shall comply with cipal structure on lot.
the city occupational license tax levied pursuant (a) In any district, except R-1, more than one
to section 70-66 et seq. structure housing a permitted or permissible prin-
(Code 1981, § 641.11) cipal use may be erected on a single lot, provided
that this division and other requirements of this
chapter shall be met for each structure.
Secs. 110-524-110-535. Reserved.
(b) The distance between buildings shall be as
follows:
DIVISION 5. SETBACKS
(1) Twenty feet for first two stories;
Sec. 110-536. Building setback lines. (2) Twenty-five feet for first three stories;
(a) The following shall be the minimum build (3) Thirty feet for first four stories; and
ing setback lines along the listed roads: (4) Two additional feet for each story above
four.
(1) Highway AlA (portions known as North (Code 1981, § 641.19)
Atlantic Avenue and Astronaut Boule-
vard). Setback, each side, from the north- Sec. 110-538. Encroachments.
em city boundary to the southern city
boundary shall be 50 feet from the high- Every part of every required setback shall be
way right-of-way. open and unobstructed from the ground to the
sky,except as follows or as otherwise permitted in
(2) North Atlantic Avenue (that portion of this chapter:
North Atlantic Avenue also known as Palm
Avenue and S.R. 401). Setback, each side, (1) Sills or belt courses may project not over
from its intersection with Monroe Avenue 18 inches into a required setback.
to the northern city boundary shall be 50 (2) Movable awnings may project not over
feet from the right-of-way. three feet into a required setback.
(3) Ridgewood Avenue. Setback, each side, (3) Chimneys, fireplaces or pilasters may
from the southern city boundary to the project not over two feet into a required
northern city boundary of Ridgewood Av- setback.
enue shall be 25 feet from the right-of- (4) Fire escapes,stairways and balconies which
way are unroofed and unenclosed may project
(b) On the Atlantic Ocean, the setback shall not over five feet into a required rear
setback or not over three feet into a side
comply with the coastal construction setback. See setback and shall not project into a re-
section 82-81 et seq. quired front setback of a multiple dwell-
(c) In determining the setback requirements ing, hotel or motel.
for any building proposed to be erected, the set- (5) Hoods, canopies or marquees may project
back requirements in this section shall be con- not over three feet into a required set-
strued as a minimum setback, and if a greater back.
Supp.No. 15 CD110:66.4
ZONING § 110-550
(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
corner lot in the commercial zoning dis-
trict.
(9) No required setback or landscape buffer
shall be used for any parking space or
backout area, except as specified in sub-
sections (7), (8) and (11) of this section.
(10) Open,enclosed porches,platforms or paved
terraces not covered by a roof or a canopy
and which do not extend above the level of
the first floor of the building may extend
or project into the required setback.
(11) Primary parking may be located in a
required front setback for multiple-family
dwellings.
(12) Signs for on-site advertising shall be in
conformance with chapter 94 pertaining
to signs.
(13) Roof overhangs (eaves) may project not
over two feet into a required setback.
(14) Air conditioner units may project not over
five feet into a required rear setback.
(15) Emergency pad-mounted generators as
provided for in section 110-484.
(16) Conveyor systems may be located within
setbacks in the M-1 light industrial and
research and development district by spe-
cial exception, for purposes of moving
aggregate and other materials.
(Code 1981, § 641.21; Ord. No. 15-2005, § 2,
9-20-05; Ord. No. 16-2005, § 2, 10-4-05)
Secs. 110-539-110-550. Reserved.
Supp.No. 15 CD110:66.5
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CODE COMPARATIVE TABLE
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
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)
Supp.No. 15 CCT:19
CAPE CANAVERAL CODE
Ordinance Adoption Section
Number Date Section this Code
05-2005 4-19-05 2 102-36--102-50
Added 102-51-102-54
110-566, 110-567
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(c)(16)
110-538(16)
21-2005 1- 3-06 1 102-37(e)
102-38(b)(1)
Added 102-40.5
02-2006 3-21-06 2 110-87
110-88(b)
110-91
110-92(a),(c)
110-106(a)
110-107(a),(b)
110-108
03-2006 6-20-06 2 110-171(a)(2)c.2.
Added 110-172
04-2006 6-20-06 2 110-332(4)
3 110-171(a)(2)b.
05-2006 6-20-06 2 110-121
07-2006 6-20-06 2 98-46,98-47
3 110-222(1)g.
08-2006 6-20-06 2 26-3
Dltd 26-4
09-2006 6-20-06 2 Added 6-53
Supp.No. 15 CCT:20
STATE LAW REFERENCE TABLE
This table shows the location within this Charter and Code,either in the text or notes following
the text, of references to the Florida Statutes.
F.S. Section F.S. Section
Section this Code Section this Code
1.01 1-2 162.21(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. 26 163.3220 86-2
26-1 ch. 166 Char.Art. I, §3
97.041 Char.Art.XXI,§2 Char.Art. II
98.041 Char.Art.XXI,§2 Char.Art. II, § 1
Char.Art.XXI, §9 Char.Art.XIII, §§ 1,2
98.041 et seq. Char.Art.XXI, §2 Char.Art.XIII,§§4 6
100.361 Char.Art.XXI, Char.Art.XV, §2
§§ 10, 11 Char.Art.XVI, § 1
101.161 Char.Art.XXI, § 16 Char.Art.XVII, § 1
101.657 26-5 Char.Art.XVII, §§3-6
112.061 2-300 Char.Art.XVII, §§8,9
112.311 et seq. Char.Art.XXIV, Char.Art.XX
§ 13 Char.Art.XXI, §2
112.3135 Char.Art.XXIV,§8 Char.Art.XXII
112.3143 2-67 Char.Art.XXIV, § 1
ch. 119 78-98 Char.Art.XXIV,
119.011 2-116 § 10
119.021 2-116 110-37
161.041 82-85 110-37(a)
161.053 Ch. 14,Art. III 166.021(5) Char.Art.XIII, §3
161.52 et seq. Ch. 82,Art. IV Char.Art.XIV,
161.55(1)(d) 82-94 §§ 1-3
82-81 Char.Art.XVII, §7
161.142 Ch. 14,Art. III Char.Art.XVII,
161.161 Ch. 14,Art. III § 10
161.163 Ch. 14,Art. III 166.021(10) 2-300
ch. 162 Ch. 2,Art.VI 166.04 110-137
2-256 166.041 Char.Art.XXIV,§4
2-258 1-11
2-260 10-87
2-281 110-137(e)
2-282 166.046 App.A,Art.I
10-92 166.101 Ch.2,Art,V
34-42 166.101 et seq. Ch. 70
82-400(f) 166.222 82-322
94-5 166.231 Ch. 70,Art. II
102-37 70-27
162.05 2-257 166.231(1Xb) 70-29
ifr 162.09(3) 78-60 166.232 Ch. 70,Art.II
Supp.No. 15 SLT:1
CAPE CANAVERAL CODE
F.S. Section F.S. Section
Section this Code Section this Code
166.241 Char.Art.XVII,§ 1 ch.403 78-275
Char.Art.XVII, §9 403.91 et seq. Ch. 106,Art. II
166.3164 115-1(7) 403.413 Ch.34,Art. II
167.22 App.A,Art. III,§8 403.415 Ch.34,Art.V
ch. 170 Char.Art.XX 403.702 et seq. Ch.62
90-192 403.7046 62-4
ch. 171 Char.Art.XXIII 403.801 et seq. 106-29
ch. 177 Ch. 98 ch.468 82-32
98-1 82-148
110-423 ch. 470 62-1
177.25 et seq. 110-222 ch.471 82-322
ch. 192 et seq. Char.Art. IX,Char. 471.003 82-322
Art.X 471.005 82-322
Char.Art.XVIII, ch.480 10-90
Char.Art.XIX ch. 481 82-322
Ch. 70 489.105 82-322
ch. 194 102-36 489.119 82-322
ch.200 Char.Art.XVII, 489.127 82-375
§§3-6 82-377
203.012 70-26 489.127(2) 82-379
ch. 205 Ch. 70,Art. III 489.127(5)(j) 82-384
70-83 489.127(5)(m) 82-380
205.043(2),(3) 70-81 489.129 82-322
205.053 70-75 489.131(3)(e) 70-85
205.053(1) 70-74 489.132(1) 82-375
70-76 82-377
205.053(2) 70-75 489.501 et seq. 30-26
205.053(3) 70-75 501.160 18-5
215.85 2-206 ch. 509 110-1
ch. 218 Char.Art.XVIII ch. 517 10-86
218.32 Char.Art.XVII, §9 ch. 553 Ch.82
218.33 Char.Art.XVII, § 1 82-321
ch. 252 Ch. 18 553.36(12) 82-81
ch. 280 Char.Art.XVII,§8 110-1
ch. 286 Ch. 2,Art. II,Div. 3 553.71 82-322
286.011 Char.Art.V,§ 1 553.71(7) 82-322
ch. 316 74-1 553.73(8) 82-400(e)
74-63 553.77 82-322
316.194 74-56 553.79 2-286(f)
316.195 34-34 82-322
316.293 Ch. 34,Art.V 553.79(7) 82-323
316.650 Char.Art.XIII,§6 553.80 2-286(f)
316.1936 Ch.6,Art.III,Div. 2 553.900 Ch.82,Art. IX
316.1945 74-56 556 App.A,art. III,
Ch. 318 74-63 § 13.5
320.823 82-81 ch. 561 6-52
82-88 6-53
Ch. 337 66-1 10-108
370.12 Ch. 14,Art. III chs. 561-568 110-171(a)(2)
380.04 86-2 110-172
ch.381 10-163 ch. 561 et seq. Ch.6
ch. 386,pt. I 10-62 561.01 6-51
400.402 110-1 561.01(4)(a) 110-1
Supp.No. 15 SLT:2
STATE LAW REFERENCE TABLE
F.S. Section F.S. Section
Section this Code Section this Code
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
C 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(4)(b) 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
806.111 10-86
ch.810 80-1
ch.812 80-1
ch. 817 80-1
ch. 826 10-90
10-108
ch. 827 10-90
( 10-108
Supp.No. 15 SLT:3
I
CODE INDEX
I 1r
Section Section
A ADVERTISING
Loudspeakers, sound amplifiers, etc., use
ABANDONED PROPERTY for
Additional remedies 34-179 Noises,enumeration of prohibited 34-153(3)
Code enforcement board hearing proce- Signs
dures Land development code regulations 94-1 et seq.
Conduct 34-183(b) See:LAND DEVELOPMENT CODE
Issuance,filing of board order 34-183(d)
Setting date;notice 34-183(a) AFFIRMATION.See:OATH,AFFIRMATION,
Compliance with notice or order to remove; SWEAR OR SWORN
removal by city upon noncompliance 34-184 AGENCIES OF CITY. See:DEPARTMENTS
Definitions 34-176 AND OTHER AGENCIES OF CITY
Disposition of property removed by city34-186
Entry upon private property authorized 34-177 AGENDA
Liability of owner for towing, storage ex- City council 2-60
penses; collection of lien on private
property 34-188 AGREEMENTS. See: CONTRACTS AND
Notice to abate AGREEMENTS
Contents 34-182(b) AIRCRAFT
Insurance 34-182(a) Litter dropping from aircraft 34-35
Notification of owner following removal by
city ALARM SYSTEMS
Contents of notice 34-185(c) Appeals 30-33
Documentation filed with state 34-185(e) Application for permit;emergency notifica-
Notice by publication 34-185(d) tion;reporting changes in notification 30-28
Notice to owner 34-185(a) Audible sound systems 30-38
State, other official agencies,notice to . 34-185(b) Automatic telephone direct dialing device;
Penalty 34-178 digital alarm communicator system . 30-37
( Property abandoned or lost on public prop- Definitions 30-26
erty 34-180 Disconnection 30-32
` Redemption prior to sale by city 34-187 Failure to disconnect; unauthorized re-
Signs and hazardous signs 94-62 connection 30-34
Storing,parking or leaving on private prop- Fees charged;malfunction,false alarms 30-31
erty 34-181 Fees schedule in general. See: FEES (Ap-
Zoning; abandoned variance or special ex- (Ap-
pendix B)
ception 110-32 Issuance,permit;posting 30-29
Operations 30-39
ACCESS Penalty; enforcement 30-35
Franchise regulations in general. See: Permit(alarm)required;fee;renewal 30-27
FRANCHISES(Appendix A)
Land development code regulations re zon-
Reconnection 30-36
30-30 Response to activation; owner response,
ing 110-26 et seq. false alarm,corrective action
See:LAND DEVELOPMENT CODE ALCOHOLIC BEVERAGES
ACCESSORY STRUCTURES Adult entertainment
Land development code regulations re zon- Establishments,operation of
Hours of operation 6-26
ing 110-26 et seq.
See: LAND DEVELOPMENT CODE Nudity on premises where served,
consumed or stored 6-27
ACCIDENTS Land development code regulations re zon-
Vehicles for hire ing 110-26 et seq.
Report of accidents 80.88 See:LAND DEVELOPMENT CODE
Motor vehicles
ACTIONS. See: SUITS, ACTIONS AND Definitions 6-66
OTHER PROCEEDINGS Exceptions 6-69
Open containers prohibited 6-68
ADULT ENTERTAINMENT ESTABLISH- Policy and intents 6-67
MENTS. See: SEXUALLY ORIENTED Ocean beach 6-53
BUSINESSES, ADULT ENTERTAIN- Open containers
MENT ESTABLISHMENTS Prohibited in motor vehicles 6-68
Supp.No. 15 CDi:1
CAPE CANAVERAL CODE
Section Section
ALCOHOLIC BEVERAGES(Cont'd.) ASSOCIATIONS
Parking areas Persons;definitions and rules of construc-
Possession and consumption 6-51 tion extended and applied to 1-2
Parks and recreation areas
Possession and consumption 6-52 ATOMIC ENERGY USES
Penalty 6-1 Land development code regulations re zon-
Streets, alleys, sidewalks and parking ar- ing 110-26 et seq.
eas,possession and consumption in . 6-51 See:LAND DEVELOPMENT CODE
Vehicles for hire 80-87 ATTORNEY. See: CITY ATTORNEY
ALLEYS.See:STREETS,SIDEWALKS AND AUDIO ALARMS.See:ALARM SYSTEMS
OTHER PUBLIC WAYS
AUTOMATED TELEPHONE ALARM SYS-
AMUSEMENTS AND AMUSEMENT PLACES TEMS.See:ALARM SYSTEMS
Outdoor entertainment 10-46 et seq.
Sexually oriented businesses, adult enter- AUTOMOBILES. See: MOTOR VEHICLES
tainment establishments 10-86 et seq. AND TRAFFIC
Slot machines or devices 10-200 et seq. AWNINGS OR CANOPIES
ANIMALS AND FOWL Signs
Animal control officer 14-27 Land development code regulations.... 94-1 et seq.
Beaches See:LAND DEVELOPMENT CODE
Animals prohibited on 14-28
Bees and beehives prohibited 14-3 B
Bird sanctuary BEACHES
Designation of 14-2
County animal control ordinance Alcoholic beverage possession on Ocean
Adopted 14-26 beach 6-53
Animal control officer 14-27 Animals prohibited on beaches 14-28
f Parks and beaches Dune parking prohibited 74-59
Animals prohibited on 14-28 Sea turtles generally 14-51 et seq.
Noises, enumeration of prohibited 34-153(5) See:ANIMALS AND FOWL
Parks Sleeping and camping in public areas and
Animals prohibited in 14-28 beaches 50-4
Penalty 14-1 Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
Sanctuary
Sanctuary,designation of 14-2 OTHER PUBLIC WAYS
Sea turtles Wetlands protection 106-26 et seq.
Beach activities 14-58 See: LAND DEVELOPMENT CODE
Definitions 14-52 BEAUTIFICATION BOARD
Enforcement and penalty 14-53 Duties 2-184
Exemptions 14-54 Established,membership,terms,qualifica-
Existing development 14-56 tions 2-181
New development 14-55 Indebtedness 2-186
Publicly owned lighting 14-57 Meetings 2-182
Purpose and scope 14-51 Planning and zoning board
ANNEXATIONS Coordination with 2-185
Certain ordinances not affected by Code.. 1-10(a)(13) Property maintenance standards 34-91 et seq.
Franchise regulations in general. See: See: PROPERTY MAINTENANCE
FRANCHISES(Appendix A) STANDARDS
Land development code regulations re zon- BEER. See:ALCOHOLIC BEVERAGES
ing 110-26 et seq.
See: LAND DEVELOPMENT CODE BEES AND BEEHIVES.See:ANIMALS AND
FOWL
ANNUAL BUDGET. See: BUDGET
BIDS AND BIDDING
APPROPRIATIONS Bidders
Certain ordinances not affected by Code 1-10(a)(6) City bidders list 2-218(2)
ARCHITECTURE Purchasing generally 2-216 et seq.
See:PURCHASES AND PURCHASING
Beautification board generally 2-181 et seq.
See:BEAUTIFICATION BOARD BILLBOARD.See:SIGNS AND BILLBOARDS
4
Supp.No. 15 CDi:2
CODE INDEX
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. Means of enforcement 54-49
See: PROPERTY MAINTENANCE Penalties 54-55
STANDARDS
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
MENT CODE Persons; definitions and rules of construc-
Definitions and rules of construction 1-2 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(a)(2)
Definitions and rules of construction... 1-2 Franchise regulations generally.See:FRAN-
Library board 46-26 et seq. CRISES(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
Land development code regulations.... 94-1 et seq.
Uniform procedures and requirements2-171
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
for 54-53 BREVARD COUNTY. See:COUNTY
Supp.No. 15 CDi:3
CAPE CANAVERAL CODE
Section Section
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
Duties 2-141(2) BULK CONTAINERS
Solid waste 62-1 et seq.
BUFFERS AND BUFFERING See: SOLID WASTE
Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE BULKHEADS
Tree protection,land clearing 102-36 et seq. Subdivisions
See:LAND DEVELOPMENT CODE Land development code regulations.... 98-1 et seq.
BUILDINGS. See also: LAND DEVELOP- See: LAND DEVELOPMENT CODE
MENT CODE BURGLAR ALARMS.See:ALARM SYSTEMS
Beautification board 2-181 et seq.
See:BEAUTIFICATION BOARD BURNING
Building appearance and maintenance 34-98 Solid waste 62-11(b)
Building code
Generally 82-31 et seq. BURYING/BURIAL
Unsafe building abatement code 82-56 et seq. Solid waste 62-11(c)
Buildings and building regulations. Trash,rubble or other debris 34-41
See: LAND DEVELOPMENT
CODE BUSINESS AND CULTURAL DEVELOP-
Building sewers and connections 78-76 et seq. MENT BOARD
See: SEWERS AND SEWAGE DIS- Advisory capacity 22-34
POSAL Composition 22-28
Community appearance review board .... 22-36 et seq. Definitions 22-26
See:COMMUNITY APPEARANCE RE- Established 22-27
VIEW BOARD Indebtedness 22-35
Concurrency management 86-1 et seq. Purpose and duties 22-33
See:LAND DEVELOPMENT CODE
Construction noise 34-154 BUSINESSES
Fees schedule in general. See: FEES(Ap- Occupational license tax 70-66 et seq.
pendix B) See:TAXATION
Flood damage prevention 90-26 et seq. Solicitors,peddlers and itinerant vendors. 16-26 et seq.
See:LAND DEVELOPMENT CODE See: PEDDLERS, CANVASSERS AND
Franchise regulations generally.See:FRAN- SOLICITORS
CHISES(Appendix A) Solid waste 62-1 et seq.
Impact fees 2-231 et seq. See: SOLID WASTE
See:IMPACT FEES
Land development code regulations re zon-
ing 110-26 et seq. C
See:LAND DEVELOPMENT CODE
Local planning agency 58-56 et seq. CABLE TELEVISION
See:PLANNING AND DEVELOPMENT Franchise regulation generally.See:FRAN-
Old building sewers 78-80 CHISES(Appendix A)
Permits and miscellaneous fees
Fees schedule in general. See: FEES CALLINGS
(Appendix B) Occupational license tax 70-66 et seq.
Plan checking fee See:TAXATION
Fees schedule in general. See: FEES
(Appendix B) CAMPING
Public service tax 70-26 et seq. Sleeping and camping in public areas and
See:TAXATION beaches 50-4
Supp.No. 15 CDi:4
CODE INDEX
Section Section
CANALS CITY ATTORNEY(Cont'd.)
Subdivisions Duties 2-126
Land development code regulations.... 98-1 et seq.
See:LAND DEVELOPMENT CODE CITY CLERK
Duties 2-116
CANVASSERS.See:PEDDLERS,CANVASS-
ERS AND SOLICITORS CITY COUNCIL
City attorney
CAPE CANAVERAL.See: CITY Duties 2-126
CAPITAL EXPANSION PLANS City manager
Impact fee 2-237 Powers and duties 2-101(2)
Compensation
CAPITAL EXPANSION TRUST FUND Established for councilmembers other
Impact fees 2-236 than mayor 2-41
CARS.See:MOTOR VEHICLES AND TRAF- Mayor,established for 2-42
FIC Definitions and rules of construction 1-2
Election 2-26
CAUSES Eminent domain powers re economic devel-
Effect of repeal of ordinances 1-9(b) opment 2-70
CEMETERIES Library board
Parks and recreation areas 54-1 et seq. Reports to 46-32
See: PARKS AND RECREATION Mayor
Compensation established for 2-42
CERTIFICATES OF OCCUPANCY Meetings
Land development code regulations re zon- Adjournment 2-69
ing 110-26 et seq. Adoption of motion 2-67
See: LAND DEVELOPMENT CODE Call to order; quorum;roll call 2-64
Sewer impact fee requirements 78-125 City attorney to attend 2-127
Consideration of matters before council 2-66
CHARTER General discussion 2-68
Definitions and rules of construction 1-2 Minutes 2-65
CITY Ordinances and resolutions
Abandoned property Preparation prior to meeting 2-59
Compliance with notice or order to re- Parliamentary procedure 2-61
move; removal by city upon non- Preparation and notice of agenda 2-60
compliance 34-184 Presiding officer 2-62
Disposition of property removed by city 34-186 Regular meetings 2-56
Notification of owner following removal Sergeant at arms 2-63
by city 34-185 Special meetings 2-57
Redemption prior to sale by city 34-187 Workshop meetings 2-58
Corporate limits Ordinances and resolutions
Definitions and rules of construction... 1-2 Preparation prior to meeting 2-59
Definitions and rules of construction 1-2 Regular meetings 2-56
Flood damage prevention 90-26 et seq. Special meetings 2-57
See: LAND DEVELOPMENT CODE Uncontested elections 2-27
Franchise regulations in general. See: Workshop meetings 2-58
FRANCHISES(Appendix A)
Library board CITY ENGINEER
Liability of city limited 46-31 Duties 2-151
Solid waste
Authority of city to collect 62-3 CITY MANAGER
Ownership by city 62-4 Acting city manager 2-102
Street excavations Civil emergencies
Authority of city 66-64 Persons authorized to declare 18-2
City's right to restore surface 66-69 Powers and duties 2-101
Liability of city 66-62
CITY TREASURER
CITY ATTORNEY Duties 2-141
Council Fees schedule in general. See: FEES (Ap-
Attendance at meetings 2-127 pendix B)
Supp.No. 15 CDi:5
CAPE CANAVERAL CODE
Section Section
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:
lation 2-283 FRANCHISES(Appendix A)
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
2-259
1-13
*Note—The adoption, amendment, repeal, omissions, effec-
Approval prerequisite for permits 22-40
Violations and penalties
Prosecution of violations with no crim-
Building permits;enforcement 22-47
final penalty Notice of approval or denial 22-43
Procedure 22-42
CODE OF ORDINANCES* Statement of findings and purpose 22-36
Altering Code
COMMUNITY DEVELOPMENT
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
Ili
Supp.No. 15 CDi:6
CODE INDEX
Section Section
COMPETITIVE BIDS COURTS(Cont'd.)
Purchasing 2-216 et seq. Kelo vs.City of New London court decision
See:PURCHASES AND PURCHASING re economic development and emi-
nent domain 2-70
COMPREHENSIVE PLAN Land development code regulations re zon-
Local planning agency ing 110-26 et seq.
Designation of agency,department,corn- See:LAND DEVELOPMENT CODE
mittee or person to prepare com-
prehensive plan 58-58 CULTURAL DEVELOPMENT. See: BUSI-
NESS AND CULTURAL DEVELOP-
CONCURRENCY MANAGEMENT SYSTEM MENT BOARD
Fees schedule in general. See: FEES(Ap-
pendix B) CYCLONES
Land development code regulations 86-1 et seq. Civil emergencies 18-1 et seq.
See: LAND DEVELOPMENT CODE See:CIVIL EMERGENCIES
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE DIS- D
POSAL
CONNECTIONS DANCING AND DANCEHALLS
Alcoholic beverage establishments
Sewer connections 78-27 et seq. Nudity on premises 6-27
See: SEWERS AND SEWAGE DIS-
POSAL DEBRIS.See also: SOLID WASTE
Burial of debris 34-41
CONSTRUCTION
Coastal construction code 82-88 et seq. DEDICATIONS
Buildings and building regulations.See: Land development code regulations re zon-
LAND DEVELOPMENT CODE ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
CONTRACTORS Plats or subdivisions
Occupational license tax Certain ordinances not affected by Code 1-10(a)(12)
Special requirements for contractors... 70-85
DEEDS
CONTRACTS AND AGREEMENTS Certain ordinances not affected by Code 1-10(a)(2)
Certain ordinances not affected by Code.. 1-10(a)
City attorney DELEGATION OF AUTHORITY
Duties 2-126(6) Definitions and rules of construction 1-2
Code does not affect prior contracts estab-
lishing or occurring 1-8 DENSITY
Franchise agreements 66-1 Land development code regulations re zon-
Franchise regulations in general. See: mg 110-26 et seq.
FRANCHISES(Appendix A) See:LAND DEVELOPMENT CODE
Purchasing 2-216 et seq. DEPARTMENTS AND OTHER AGENCIES
See:PURCHASES AND PURCHASING OF CITY.See also:BOARDS,COMMIT-
Right-of-way use agreements 66-1 TEES AND COMMISSIONS
Vested rights agreements 115-10 City manager
CORPORATE LIMITS Powers and duties 2-101(6)
Definitions
Definitions and rules of construction 1-2 and rules of construction 1-2
Delegation of authority
COUNCIL. See:CITY COUNCIL Definitions and rules of construction1-2
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.
Flood damage prevention 90-26 et seq. See:PLANNINGAND DEVELOPMENT
See:LAND DEVELOPMENT CODE Police department 42-26
COURTS DEVELOPMENT DISTRICTS
Code enforcement citations Land development code regulations re zon-
Payment of penalty;court hearings.... 2-289 ing 110-26 et seq.
Costs for police education and training... 50-3 See:LAND DEVELOPMENT CODE
Supp.No. 15 CDi:7
CAPE CANAVERAL CODE
Section Section
DEVELOPMENT.See:PLANNING AND DE- ELECTIONS(Cont'd.)
VELOPMENT Qualifying period
DISCHARGES Generally 26-3
State election code adopted 26-1
Sewers 78-96 et seq.
See: SEWERS AND SEWAGE DIS- ELECTRICITY
POSAL Fees schedule in general. See: FEES (Ap-
pendix B)
DISCRIMINATION Franchise regulations in general. See:
Cable television franchise. See: FRAN- FRANCHISES(Appendix A)
CHISES(Appendix A)
Gas franchise agreement. See: FRAN- Public service tax 70-26 et seq.
CHISES(Appendix A) See:TAXATION
Signs
DISTRICTS Land development code regulations 94-1 et seq.
Land development code regulations re zon- See:LAND DEVELOPMENT CODE
ing 110-26 et seq.
See:LAND DEVELOPMENT CODE EMERGENCIES
Civil emergencies 18-1 et seq.
DRAINS AND DRAINAGE See: CIVIL EMERGENCIES
Concurrency management 86-1 et seq. Emergency pad-mounted generators
See:LAND DEVELOPMENT CODE Zoning requirements 110-484
Flood damage prevention 90-26 et seq. Fire protection services; emergency medi-
See:LAND DEVELOPMENT CODE cal services 38-56
Outdoor entertainment permit require- Flood damage prevention 90-26 et seq.
ments 10-62(1) See: LAND DEVELOPMENT CODE
Sanitary sewer system 78-26 et seq. Franchise regulations in general. See:
See: SEWERS AND SEWAGE DIS- FRANCHISES(Appendix A)
POSAL Purchase 2-221
Street excavations 66-61 et seq. Sanitary sewer system
See: STREETS, SIDEWALKS AND Termination of service and emergency . 78-58
OTHER PUBLIC WAYS Services
Subdivisions Alarm systems 30-26 et seq.
Land development code regulations.... 98-1 et seq. See:ALARM SYSTEMS
See:LAND DEVELOPMENT CODE Fees schedule in general. See: FEES
DRUNKS AND DRUNKENNESS (Appendix B)
Alcoholic beverages 6-1 et seq. Outdoor entertainment permit require-
See:ALCOHOLIC BEVERAGES ments 10-62(4)
Street excavations 66-70
DUNES
Parking prohibited 74-59 EMINENT DOMAIN
Wetlands protection 106-26 et seq. Re economic development 2-70
See:LAND DEVELOPMENT CODE EMPLOYEES. See: OFFICERS AND EM-
PLOYEES
E
ENCROACHMENT
EARTHQUAKES Property maintenance standards 34-91 et seq.
Civil emergencies 18-1 et seq. See: PROPERTY MAINTENANCE
See: CIVIL EMERGENCIES STANDARDS
EASEMENTS ENGINEER.See: CITY ENGINEER
Subdivisions
Land development code regulations 98-1 et seq. ENGINEERS AND ENGINEERING
See:LAND DEVELOPMENT CODE Street excavations
Engineering details 66-66
ECONOMIC DEVELOPMENT
Eminent domain powers of council re 2-70 ENGINES
ill Discharge into open air of exhaust
ELECTIONS Noises,enumeration of prohibited 34-153(6)
Certain ordinances not affected by Code.. 1-10(a)(16)
Il Early voting exemption 26-5 ENTERTAINMENT. See: AMUSEMENTS
Penalties for violations 26-2 AND AMUSEMENT PLACES
Supp.No. 15 CDi:8
CODE INDEX
Section Section
ENVIRONMENT FEDERAL GOVERNMENT(Cont'd.)
Abandoned property 34-176 et seq. Franchise regulations in general. See:
See:ABANDONED PROPERTY FRANCHISES(Appendix A)
Land development code regulations re zon- Interpret law
ing 110-26 et seq. City attorney
See: LAND DEVELOPMENT CODE Duties 2-126(3)
Lights 34-206 et seq. Vehicles for hire
See: LIGHTS AND LIGHTING Application of provisions to vehicle, op-
Litter 34-26 et seq. erator regulator by federal govern-
See: LITTER meat 80-2
Noise 34-151 et seq.
See: NOISE FEES
Property maintenance standards 34-91 et seq. Alarm systems
See: PROPERTY MAINTENANCE Fees charged 30-31
STANDARDS Permit fees 30-27
Sanitary sewer system 78-26 et seq. Certain ordinances not affected by Code.. 1-10(a)(7)
See: SEWERS AND SEWAGE DIS- Franchise regulations in general. See:
POSAL FRANCHISES(Appendix A)
Street excavations 66-61 et seq. Impact fees 2-231 et seq.
See: STREETS, SIDEWALKS AND See: IMPACT FEES
OTHER PUBLIC WAYS Outdoor entertainment 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
EXCAVATIONS Schedule of fees 62-5
Building sewers 78-83 Street excavations permit fee 66-83
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.
EXHAUST See:LAND DEVELOPMENT CODE
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.
See: CIVIL EMERGENCIES Building sewers
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)
F Court costs for police education and train-
ing 50-3
FALSE ALARMS. See:ALARM SYSTEMS Franchise regulations in general. See:
FALSE STATEMENTS FRANCHISES(Appendix A)
Occupational license tax application 70-73 Impact fees 2-231 et seq.
See: IMPACT FEES
FEDERAL GOVERNMENT Library board expenditures 46-27
Federal utilities commission Outdoor entertainment permit require-
Franchise regulations in general. See: meats 10-62(5)
FRANCHISES(Appendix A) Personal property control 2-207
Supp.No. 15 CDi:9
CAPE CANAVERAL CODE
Section Section
FINANCES(Cont'd.) FIRE PREVENTION(Cont'd.)
Public service tax 70-26 et seq. Fire protection services; emergency medi-
See:TAXATION cal services 38-56
Purchasing 2-216 et seq. Fireworks generally 38-81 et seq.
See:PURCHASES AND PURCHASING See:FIREWORKS
Quarterly report of income and expendi- Flammable materials and liquids
tures 2-206 Storage and dispensing restrictions.... 38-4
Sewer impact fees Hazardous materials and substances
Payment 78-122 Abatement 38-91
Use of funds 78-127 Cleanup 38-91
Travel reimbursement policies and proce- Cost recovery 38-93
dures 2-300 Definitions 38-90
FINES, FORFEITURES AND OTHER PEN- Violations and penalties 38-93
ALTIES Impact fees generally 2-231 et seq.
Certain ordinances not affected by Code.. 1-10(a)(1) See: IMPACT FEES
Code does not affect prior penalties or Inspector
forfeitures incurred 1-8 Florida Fire Prevention Code 38-27
Effect of repeal of ordinances on penalties Life Safety Code.See herein: Fire Preven-
incurred 1-9(b) tion Codes
Franchise regulations in general. See: Lockboxes
FRANCHISES(Appendix A) Fire prevention code requirements 38-32
General penalty; attorneys' fees and costs 1-15 Required 38-32
Penalties for specific acts,omissions,viola- Outdoor entertainment permit require-
tions,etc. See specific subjects as in- ments 10-62(4)
dexed Private entry gates 38-33
Safety fees 38-2
FIRE AND RESCUE IMPACT FEES Smoke detectors to have battery backup 38-7
Fees schedule in general. See: FEES (Ap- Violations and penalties 38-1
pendix B) Volunteer fire department 38-57
FIRE DEPARTMENT. See: FIRE PREVEN-
TION FIREWORKS
Application for permit;fees 38-83
FIRE LANES Attending firefighters 38-88
Designation of 74-62 Definitions 38-81
FIRE PREVENTION Insurance 38-86
Alarm systems generally 30-26 et seq. Investigation of applicant; issuance or de-
See:ALARM SYSTEMS nial of permit 38-84
Bottled gas Operators 38-85
Use restrictions;permit required 38-5 Private use, storage, display prohibited;
Conformance 38-34 public displays authorized by permit
Doors to businesses or public halls 38-6 only 38-82
Fire chief Storage of materials 38-87
Duties 38-58
Fire department FIRMS
Fire protection services;emergency med- Persons; definitions and rules of construc-
ical services 38-56 tion extended and applied to 1-2
Volunteer fire department 38-57
Fire inspectors FLOOD DAMAGE PREVENTION
Designated as city code inspectors 38-3 Civil emergencies 18-1 et seq.
Life Safety Code re 38-29 See: CIVIL EMERGENCIES
Fire lanes,designation of 74-62 Fees schedule in general. See: FEES (Ap-
Fire prevention codes pendix B)
Florida Fire Prevention Code Generally 90-26 et seq.
Adopted 38-26 See: LAND DEVELOPMENT CODE
Inspector 38-27 Land development code regulations re zon-
Life Safety Code ing 110-26 et seq.
Adopted 38-28 See:LAND DEVELOPMENT CODE
Fire inspector 38-29 Wetlands protection 106-26 et seq.
Lockboxes required 38-32 See: LAND DEVELOPMENT CODE
NMI,
Supp.No. 15 CDi:10
CODE INDEX
Section Section
FLOODLIGHTS FRANCHISES(Appendix A)(Cont'd.)
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 paymentsII-5
r
TIES COMMISSION Rates,rules and regulations 11-5
Repeal of conflicting ordinances II-11
Franchise regulations in general. See: Validity II-10
FRANCHISES(Appendix A) Gas franchise agreement
FLORIDA.See:STATE Books and records available to city III-XIV
Definitions III-IV
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 III-XII
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 IV-6
prohibited I-14
Public service I-28 FRANCHISES(Generally)
Quality of service I-27 Certain ordinances not affected by Code.. 1-10(a)(4)
Removal of facilities upon request I-15 Franchise regulations in
general. See:
Re-regulation I-25 FRANCHISES(Appendix A)
Restrictions on assignment,transfer,sale Streets,sidewalks and other public ways
and subleasing I-16 Franchise agreements 66-1
Safety requirements I-12
Severability I-29 FRAUD
Short title I-1 Solicitors, peddlers and itinerant mer-
System upgrade I-8 chants 16-30
Term of franchise I-17 F.S. (Florida Statutes)
Territorial area involved I-6
Electric Definitions and rules of construction 1-2
Acceptance by grantee II-2 FUEL GAS.See: GAS
Amount of payments by grantee to
grantor II-6 FUEL OIL
Competition by grantor II-8 Public service tax 70-26 et seq.
Effective date II-12 See:TAXATION
Supp.No. 15 CDi:11
II
CAPE CANAVERAL CODE
Section Section
G HEALTH AND SANITATION(Cont'd.)
GARAGE SALES Local planning agency 58-56 et seq.
Land development code regulations re zon- See:PLANNING AND DEVELOPMENT
Outdoor entertainment permit require-
ing 110-26 et seq. ments 10-62(1)
See:LAND DEVELOPMENT CODE 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
GENERATORS HEIGHT
Emergency pad-mounted generators Land development code regulations re zon-
Zoning requirements 110-484 ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
GIFTS HOME OCCUPATIONS
Purchasing procedure 2-226(b)
Construction noise 34-154
GLASS CONTAINERS Land development code regulations re zon-
Park and recreation prohibitions 54-1 ing 110-26 et seq.
GRADES AND GRADING See: LAND DEVELOPMENT CODE
Concurrency management 86-1 et seq. HOOTING
See:LAND DEVELOPMENT CODE Noises,enumeration of prohibited 34-153(4)
Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE HORNS
Street excavations 66-61 et seq. Noises,enumeration of prohibited 34-153(1)
See: STREETS, SIDEWALKS AND HOUSING
OTHER PUBLIC WAYS
Flood damage prevention 90-26 et seq.
Street grades See:LAND DEVELOPMENT CODE
Certain ordinances not affected by Code 1-10(a)(10)
Property maintenance standards 34-91 et seq.
Tree protection,land clearing 102-36 et seq.
See:LAND DEVELOPMENT CODE See: PROPERTY MAINTENANCE
STANDARDS
GUTTERS Public service tax
Litter,sweeping into gutters prohibited34-31 Generally 70-26 et seq.
See:TAXATION
H HURRICANES
HANDBILLS Civil emergencies 18-1 et seq.
Litter regulations 34-51 et seq. See: CIVIL EMERGENCIES
See:LITTER
HARASSMENT I
Solicitors and itinerant merchants IMPACT FEES
Harassment prohibited 16-28 Capital expansion plans 2-237
HAZARDOUS MATERIALS AND SUB- Capital expansion trust funds
STANCES Collection; deposit 2-236(b)
Fire prevention regulations re 38-90 et seq. Established 2-236(a)
See:FIRE PREVENTION Use 2-236(c)
Solid waste generally 62-1 et seq. Certain ordinances not affected by Code.. 1-10(a)(18)
See: SOLID WASTE Exemptions 2-232
Specifically 62-11(d) Fees schedule in general. See: FEES (Ap-
pendix B)
HEALTH AND SANITATION Levy and purpose 2-231
Abandoned property 34-181 et seq. Partial waiver authorized 2-235
See:ABANDONED PROPERTY Payment 2-234
410
Supp.No. 15 CDi:12
CODE INDEX
illik
Section Section
IMPACT FEES(Cont'd.) J
Sanitary sewer impact fees 78-121 et seq.
See:UTILITIES JOINT AUTHORITY
Schedules 2-233 Definitions and rules of construction 1-2
Sewers 78-121 et seq.
See: SEWERS AND SEWAGE DIS- L
POSAL
LAND CLEARING
IMPRISONMENT.See:PRISONS AND PRIS- Tree protection 102-36 et seq.
ONERS See:LAND DEVELOPMENT CODE
IMPROVEMENTS. See: PUBLIC WORKS LAND DEVELOPMENT CODE
AND IMPROVEMENTS Abandoned signs 94-62(a)
INDECENCY AND OBSCENITY Alleys
Subdivision design standards 98-110
Sexually oriented businesses, adult enter- Alterations
tainment establishments 10-86 et seq. Natural surface waters 90-173
Obscenity;indecent exposure unlawful. 10-89 Appeals and arbitrations
INDIVIDUALS Concurrency management 86 3
Persons; definitions and rules of construc- Area
tion extended and applied to 1-2 Subdivisions 98-5
Zoning requirement 10-336 et seq.
INSPECTIONS See within this title:Zoning
1 Building inspection service 82-21 Areas of shallow flooding(AO zones)
Building sewers Flood hazard standards 90-68
Notice for 78-79 Automotive service station
Code enforcement citations Signs
Enter upon property,authorization to2-290 Automotive service station allowed
Flood damage prevention 90-26 et seq. by special exception in C-1 zon-
( See:LAND DEVELOPMENT CODE ing district 94-101
Reinspection fees Awnings and canopies 94-82
Fees schedule in general. See: FEES Billboards 94-80
(Appendix B) Blocks
Signs Subdivision design standards 98-106
Land development code regulations.... 94-1 et seq. Boundary line survey
See:LAND DEVELOPMENT CODE Subdivisions 98-93
Street excavations 66-63 Bridges
Vehicles for hire,mechanical inspections80-76(d) Subdivisions
INSURANCE AND INSURANCE COMPA- Design standards 98-116
NIES Buffers
Fireworks 38-86 Protection of trees and vegetation of
Franchise regulations in general. See: buffers 102-41
FRANCHISES(Appendix A) Building official
Occupational license tax 70-87 Signs,inspection by 94-36
Outdoor entertainment permit require- Buildings and building regulations
ments 10-62(9) Additional data 82-16
Signs Building code,Florida
Land development code regulations.... 94-1 et seq. Adopted 82-31
See:LAND DEVELOPMENT CODE Appeals 82-33
Vehicles for hire 80.5 Establishment of construction board
of adjustment and appeals 82-32
INTERSECTIONS Procedures of the board 82-34
Visibility at intersections Building department 82-3
Land development code regulations re Employee qualifications 82-4
zoning 110-26 et seq. Citations; unlicensed contractors; fail-
See:LAND DEVELOPMENT CODE ure to obtain building permit
INTOXICATING BEVERAGES. See: ALCO- Administrative hearings; accrual of
HOLIC BEVERAGES penalties 82-383
Appeals of code enforcement board
ITINERANT MERCHANTS.See:PEDDLERS, decisions 82-384
CANVASSERS AND SOLICITORS Citation form 82-378
%id
Supp.No. 15 CDi:13
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Construction contracting violations, C-1 Low Density Commercial District. See
citation authorized for 82-377 also herein:Zoning
Correction of violation; payment of Signs in 94-99
penalty;notice of hearing 82-382 C-2 Low Density Commercial District. See
Findings 82-376 also herein:Zoning
Intent;purpose 82-375 Signs in 94-99
Notices 82-386 Canals
Penalty 82-379 Subdivision design standards 98-117
Recording code enforcement board or- Certificate of completion
ders 82-385 Subdivisions 98-83
Refusal to sign citation 82-380 City
Stop work 82-381 Stormwater management master plan,
Coastal construction code compliance with city plan 90-164
Structural requirements for major Subdivisions,review of preliminary plat 98-45
structures 82-88 Civil penalties
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.
Numbering of buildings and property Property maintenance code 82-221 et seq.
Administration 82-368 Unsafe building abatement code 82-56 et seq.
Assignment of numbers 82-369 Compliance certification
Numbering multiple-family structures 82-370 Expiration of concurrency compliance
Posting and specifications of numbers 82-371 certification 86-9
Purpose 82-366 Concurrency management system
System established; incorporation of Appeals 86-3
map 82-367 Application for concurrency evaluation. 86-5
Occupational license required for con- Concurrency evaluation finding of defi-
tractors 82-2 ciency 86-7
Permit intent 82-14 Conditional approval of development or-
Permitting and inspection 82-13 ders or permits
Proof of competency 82-1 Building permit 86-12(2)
Property maintenance code, interna- Subdivision plats and site plans 86-12(1)
tional Criteria for evaluation of levels of ser-
Adopted 82-221 vice of public facilities
Public right-of-way 82-19 Building permits of insignificant im-
Records 82-6 pact 86-6(1)
Restrictions on employees 82-5 Drainage facilities 86-6(7)
Revocation of permits 82-11 Parks and open space 86-6(6)
Right of entry 82-9 Potable water facilities 86-6(4)
Schedule of permit fees 82-15 Sanitary sewer facilities 86-6(3)
Special foundation permit 82-18 Solid waste facilities 86-6(5)
Stop work orders 82-10 Transportation facilities 86-6(2)
Tests 82-22 Cumulative level-of-service records .... 86-10
Unsafe building abatement code, stan- Decision making in concurrency evalua-
dard tion,responsibility for 86-4
Adopted 82-56 Definitions 86-2
Unsafe buildings or systems 82-12 Duration concurrency compliance certi-
Bulkheads and retaining walls fication after issuance of develop-
Subdivision design standards 98-118 ment permit
Burials Commercial, industrial or multifam-
Stormwater management ily developments 86-8(4)
Bury inspections 90-195(2) Individual single-family development 86-8(3)
Supp.No. 15 CDi:14
CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Residential subdivision or phase or Drainage
unit thereof, including planned Concurrency management
unit development 86-8(2) Generally 86-1 et seq.
Site development plan approval 86-8(1) See herein: Concurrency Manage-
Expiration of concurrency compliance went
certification 86-9 Stormwater management
Operating systems,procedure and task Compatibility with adjacent systems 90-171
Subdivision improvements 98-91
Concurrency monitoring 86-11(b) Easements
Measuring potential impacts 86-11(c) Subdivision design standards 98-108
Overall concurrency management... 86-11(a) Elevation,floodproofing and siting
Purpose and intent 86-1 Subdivision improvements 98-88
Vested rights 86-13 Final acceptance of work
Conservation Subdivisions 98-94
Water conservation 90-176 Flashing signs prohibited 94-6(d)
Construction Flood damage prevention 90-26 et seq.
Coastal construction code 82-88 et seq. See herein: Floods
Floodplain protection 90-91 et seq.
See herein: Buildings and Building See herein:Floods
Regulations Floods
Stormwater management Flood damage prevention
Construction methods and materials 90-180 Abrogation and greater restriction 90-33
Subdivisions 98-66 et seq. Administrator
See herein: Subdivisions Designation of 90-46
Control elevation Duties and responsibilities of 90-47
Stormwater management 90-181 Areas of special flood hazard
Corner lots Applicability of provisions 90-30
Signs 94-64(c) Basis for establishing 90-31
County Compliance with provisions 90-32
'4iiiiiio. Stormwater management master plan, Definitions 90-26
compliance with county 90-164 Development permit
Criminal penalties Establishment of 90-48
Procedures 90-49
Tree protection,land clearing 102-38 Findings of fact 90-27
Decision making Flood hazard reduction
Concurrency evaluation, responsibility Coastal high hazard areas(V zones) 90-65
for decision making in 86-4 Elevated buildings 90-62(d)
Dedication Floodways 90-64
Stormwater management 90-191 General standards 90-61
Deposit Generally 90-62(a)
Political signs 94-78(e) Manufactured homes and recre-
Design standards ational vehicles,standards for 90-63
Stormwater management 90-161 et seq. Nonresidential construction 90 62(c)
See herein: Floods Residential construction 90-62(b)
Subdivisions 98-106 et seq. Streams without established base
flood elevation and floodways,
See herein:Subdivisions
Detention and retention areas standards for 90-66
Interpretation 90-34
Banks of 90-172 Objectives 90-29
Configuration of shoreline of 90-174 Penalties for violation 90-36
Stormwater management 90-162 Statement of purpose 90-28
Development Subdivision proposals, standards for 90-67
Concurrency management Areas of shallow flooding (AO
Generally 86-1 et seq. zones),standards for 90-68
See herein: Concurrency Manage- Variance procedure 90-50
ment Warning and disclaimer of liability90-35
Districts Floodplain protection
Political signs 94-78(f) Definitions 90-91
Zoning districts.See herein:Zoning Development in designated floodplains 90-93
Supp.No. 15 CDi:15
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
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
Permits Information required 90-134
Stormwater management 90-131 et seq. Plan required 90-133
See within this subheading: Exemptions 90-132
Stormwater Management Required 90-131
Stormwater management Previous approvals,standards of90-119
Definitions 90-116 Purpose and intent 90-117
Design standards Relationship to other stormwater man-
Accommodation of stormwaters agement requirements 90-118
onsite and offsite 90-167 Variances 90-121
Alteration of natural surface wa- Grading code. See herein: Excavation and
ters 90-173 Grading Code
Banks of detention and retention Ground signs 94-64(f)
areas 90-172 Hardship variances
Best management practices 90-163 Subdivisions 98-4(a)
Certification 90-169 Hazardous signs 94-62(b)
Compatibility with adjacent drain- Height
age system 90-171 Signs 94-64(e)
Compliance with county or cityHome occupation signs 94-83
stormwater management Ingress or egress
master plan 90-164 Signs,obstruction of 94-6(b)
Configuration of shoreline of deten- Inspections
tion and retention areas .... 90-174
Configurations creating stagnant Signs
water conditions 90-166 Generally 94-36, 94-37
Conformance to standards 90-161 Inspection by building official 94-36
Construction methods and materi- Stormwater management 90-195
als 90-180 Subdivisions 98-80 et seq.
Control elevation 90-181 See herein:Subdivisions
Detention and retention system 90-162 Land clearing
Directing runoff 90-165 Tree protection 102-36 et seq.
Discharge volumes, notification of 90-179 See herein:Tree Protection
Native vegetation buffers 90-177 Landscaping
Natural surface waters used as sed- List of recommended landscaping plants 102-44
iment traps 90-175 Lights and lighting
Phased developments 90-178 Signs 94-63
Proper functioning 90-168 Location
Surface water channeled into san- Measurements
itary sewers 90-170 Signs 94-64(e)
Water reuse and conservation.... 90-176 Political signs 94-78(c)
Enforcement and penalties 90-120 Lots
Maintenance Subdivision design standards 98-107
Applicant as acceptable entity.... 90-192(c) M-1 Light Industrial and Research and
Dedications 90-191 Development District.See also herein:
Failure to maintain 90-194 Zoning
Inspection 90-195 Signs 94-99
Maintenance by approved entity Maintenance
Acceptable responsible entity.. 90-192(a) Stormwater management 90-191 et seq.
Phased projects 90-192(b) See herein:Floods
Supp.No. 15 CDi:16
CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Manufactured homes and recreational ve- Planning and zoning board
hides Subdivisions
Special flood hazard areas, standards Final plats
for 90-63 Recommendations of planning and
Master plans zoning board 98-61
Stormwater management, compliance Powers of 98-3
Preliminary plat
with city or county master plan .. 90-164 Review by planning and zoning
Measurement and placement board,city council 98-46
Signs 94-64 Plats
Mitigation Subdivision plats 98-31 et seq.
Wetlands protection 106-31 See herein: Subdivisions
Native vegetation buffers Political signs
Stormwater management 90-177 Deposits 94-78(e)
Natural surface waters District requirements 94-78(f)
Alteration of 90-173 Location 94-78(c)
Sediment traps,used as 90-175 Permits 94-78(d)
Obstructions Specifications 94-78(b)
Time of erecting 94-78(a)
Signs,obstruction of free ingress or egress 94-6(b) Portable signs 94-6(e)
Off-site signs Potable water systems
Generally 94-6(g) Concurrency management
Open burning Generally 86-1 et seq.
Natural cover
102-42 See herein: Concurrency Manage-
Open space ment
Concurrency management Subdivision design standards 98-112
Generally 86-1 et seq. Prohibited uses
See herein: Concurrency Manage- Floodplain 90-94
i ment Wetlands protection 106-30
Parks and recreation areas Property maintenance code 82-221 et seq.
See herein:Buildings and Building Reg-
Concurrency management ulations
Generally 86-1 et seq. Public facilities
See herein: Concurrency Manage- Concurrency management
ment Criteria for evaluation of levels of
Performance standards service of 86-6
Stormwater management 90-146 et seq. Generally 86-1 et seq.
See herein: Floods See herein: Concurrency Manage-
Permanent markers ment
Subdivision improvements 98-87 Public sites and open spaces
Permit numbers Subdivision design standards 98-109
Signs,display of 94-64(d) R-1 Low Density Residential District. See
Permits also herein:Zoning
Concurrency management Signs 94-96
R-2 Medium Density Residential District
Conditional approval of development
orders of permits 86-12 See also herein:Zoning
Political signs 94-78(d) Signs 94-97
R-3 Medium Density Residential District
Signs 94-31 et seq. See also herein:Zoning
See herein: Signs
Signs 94-98
Stormwater management permit 90-131 et seq. Rainfall intensity
See herein:Floods Stormwater management 90-147
Subdivision construction permit 98-69 et seq. Records
See herein: Subdivisions Concurrency management
Tree protection,land clearing 102-39, 102-40 Cumulative level-of-service records.. 86-10
Permitted uses Remedies
Wetlands protection 106-29 Subdivisions 98-6
Phased developments Reuse
Stormwater management 90-178 Water reuse 90-176
Supp.No. 15 CDi:17
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Revegetation Measurement and placement, criteria
Tree protection 102-43 and standards for
Rights-of-way Area 94-64(a)
Signs on 94-6(c) Combinations of signs 94-64(b)
Roadways Corner lots 94-64(c)
Concurrency management Display of permit number 94-64(d)
Generally 86-1 et seq. Ground signs 94-64(f)
See herein: Concurrency Manage- Height,setback and location measure-
ment ments 94-64(e)
Sanitary sewer system Size limits 94-64(g)
Generally 78-26 et seq. Off-premises signs
See: SEWERS AND SEWAGE DIS- Generally in signs and vacant lands. 94-77, 94-79
POSAL Specifically 94-79
Subdivision design standards 98-113 Temporary off-premises signs 94-81
Sediment traps Penalty for violation 94-5
Natural surface waters used as 90-175 Permits
Setbacks Application for 94-32
Signs 94-64(e) Fees 94-35
Sewers Issuance of 94-33
Concurrency management Required 94-31
Generally 86-1 et seq. Revocation of 94-34
See herein: Concurrency Manage- Placement
Restrictions on 94-61
ment
Subdivision improvements 98-90 Political signs
Deposit 94-78(e)
Shopping centers or multi-tenant centers
District requirements 94-78(f)
Signs Location 94-78(c)
Shopping center or multi-tenant cen- Permits 94-78(d)
ter in any district 94-100 Specifications 94-78(b)
Signs Time of erecting 94-78(a)
Abandoned signs 94-62(a) Prohibited signs and sign features
Administrator 94-3 Flashing signs prohibited 94-6(d)
Automotive service station allowed by Obstruction of free ingress or egress94-6(b)
special exception in C-1 zoning dis- Off-site signs 94-6(g)
trict 94-101 Portable signs 94-6(e)
Awnings and canopies 94-82 Public utility poles and trees, signs
Billboards 94-80 on 94-6(a)
Building official Rights-of-way, signs on 94-6(c)
Inspection by 94-36 Vehicles, signs on 94-6(f)
C-1 Low Density Commercial District, Purpose and scope 94-2
C-2 Commercial.Manufacturing R-1 Low Density Residential District 94-96
District and M-1 Light Industrial R-2 Medium Density Residential Dis-
and Research and Development Dis- trict 94-97
trict 94-99 R-3 Medium Density Residential Dis-
Conformance to provisions 94-7 trict 94-98
Definitions 94-1 Shopping center or multi-tenant center
Exemptions 94-4 in any district 94-100
Fees Temporary off-premises signs 94-81
Inspections and permits 94-35 Temporary on-premises signs 94-76
Hazardous signs 94-62(b) Traffic hazard,signs constituting 94-62(c)
Home occupation signs 94-83 Violation
Identification 94-8 Signs in 94-77
Inspection Wind pressure and dead load 94-9
Building official 94-36 Site plan
Fees 94-35 Wetlands protection development requir-
Notice for 94-37 ing 106-28
Lighting 94-63 Size limits
Maintenance,notice to repair 94-11 Signs 94-64(g)
Supp.No. 15 CDi:18
CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Solid waste Technical specifications 98-115
Concurrency management Surface and storm drainage 98-111
Generally 86-1 et seq. Development and enforcement of pro-
See herein: Concurrency Manage- visions 98-86
ment Drainage 98-91
Stagnant water conditions Elevation 98-88
Configurations 90-166 Final acceptance of work 98-94
Stormwater management Permanent markers 98-87
Generally 90-116 et seq. Sewers 98-90
See herein:Floods Streets 98-92
Streams without established base flood el- Water supply 98-89
evation on floodways Permits
Flood hazard standards 90-66 Construction permits 98-69 et seq.
Streets See within this subheading: Con-
Subdivisions struction
Design standards 98-114,98-115 Planning and zoning board
Improvements 98-92 Final plats
Names 98-119 Recommendations of planning and
Subdivisions zoning board 98-61
Appeals and arbitrations tr98-5 Powers of 98-3
Certificate of completion 98-83 Preliminary plats,review 98-46
City Plats
Review of preliminary plan 98-45 Final plat
Construction Application for approval 98-60
Certificate of completion Conformance to preliminary plat 98-56
Issuance of 98-83 Data required for final approval.. 98-58
Inspection 98-80 Documents required prior to ap-
Notification 98-82 proval 98-59
Permit Number of copies 98-57
Approval of plans and specifica- Planning and zoning board recom-
tions 98-73 mendations 98-61
Issuance 98-75 Recording 98-62
Master survey point 98-74 Preapplications
Procedures 98-70 Review procedures 98-36
Required;penalty 98-69 Preliminary plat
Review 98-72 City review 98-45
Submission of construction plans Information required 98-41
and specifications 98-71 Planning and zoning board proce-
Terms;revocation 98-76 dures 98-46
Submission of data 98-81 Scale;proposals 98-43
Definitions 98-1 Time limit 98-47
Final plats Topographic data 98-42
Construction of 98-70(2) Purpose 98-2
Flood hazard standards 90-67 Remedies 98-6
Improvements Variance
Boundary line survey 98-93 Application 98-4(b)
Design standards Conditions 98-4(e)
Alleys 98-110 Hardship 98-4(a)
Blocks 98-106 Prerequisites to granting 98-4(d)
Bridges 98-116 Public hearing;notice 98-4(c)
Bulkheads or retainer walls 98-118 Wetlands protection requiring subdivi-
Canal 98-117 sion plat 106-28
Easements 98-108 Surface and storm drainage
Lots 98-107 Subdivision design standards 98-111
Potable water systems 98-112 Surface water
Public sites and open spaces 98-109 Channeled into sanitary sewer 90-170
Sanitary sewer system 98-113 Temporary storage units 82-400
( 41 Streets,roads and alleys Topographic data
Generally 98-114 Subdivision plat 98-42
Supp.No. 15 CDi:19
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Traffic Water supply
Concurrency management Subdivision improvements 98-89
Generally 86-1 et seq. Wetlands protection
See herein: Concurrency Manage- Definitions 106-26
ment Development requiring site plan or sub-
Signs constituting traffic hazards 94-62(c) division plat 106-28
Tree protection Mitigation 106-31
Land clearing Permitted uses 106-29
Definitions 102-36 Prohibited uses 106-30
Development and construction Purpose and intent 106-27
Tree protection during;periodic in- Wind pressure and dead load
spection 102-46 Signs 94-9
Enforcement and penalties 102-38 Zoning
Implementing division Access
Rules and regulations and fees 102-51 C-1 Low Density Commercial District 110-339
List of Generally 110-472
Desirable species and plants 102-52 Offstreet parking 110-493
Preferred plant list 102-54 R-1 Low Density Residential District 110-278
Undesirable species 102-53 R-2 Medium Density Residential Dis-
Minimum tree requirement 102-45 trict 110-298
Open burning of natural cover 102-50 R-3 Medium Density Residential Dis-
Permits 102-39 trict 110-318
Criteria;exemptions;standards of Accessories
review 102-40 Swimming pools 110-583
Prohibitions 102-44 Accessory uses and structures
Remedial action 102-49 C-1 Low Density Commercial District 110-333
Small scale residential land clearing C-2 Commercial/Manufacturing Dis-
requirements 102-40.5 trict 110-382
Special waiver provision 102-42 Generally 110-468
Specimen trees 102-41 M-1 Light Industrial and Research
Title; applicability; intent and pur- and Development District 110-353
pose; limited residential dwell- R-1 Low Density Residential District 110-273
ing exemption 102-37 R-2 Medium Density Residential Dis-
Tree replacement guidelines 102-43 trict 110-293
Voluntary tree planting 102-47 R-3 Medium Density Residential Dis-
4 Waivers;incentive program;adminis- trict 110-313
trative interpretation appeals; Residential planned unit develop-
incentive program 102-48 ments 110-439
Undesirable species,list of 102-45 Administrative review
Unsafe building abatement code 82-56 et seq. Appeal notice,hearing 110-29(b)
See herein:Buildings and Building Reg- Authority 110-29(a)
4 ulations Stay of proceedings 110-29(c)
Variances Alcoholic beverages
Stormwater management 90-121 Special exceptions for establishments
Subdivisions 98-4 serving 110-171
Variances,special exceptions,rezonings, Temporary alcoholic beverage per-
I administrative appeals 10-26 et seq. mits 110-172
See herein:Zoning Appeals
Vegetation Special exceptions. See herein: Vari-
Tree protection 102-26 et seq. ances,Special Exceptions,Rezon-
4 See herein:Tree Protection ings,Administrative Appeals
Vegetation buffers Annexations
Stormwater management Zoning classification of 110-256
Native vegetation buffers 90-177 Antenna
Vehicles Residential use/Satellite dishes 110-478
Signs on 94-6(f) Wireless communications 110-483
Vested rights Area
Concurrency management
86-13 C 1 Low Density Commercial District 110-336
v✓
Supp.No. 15 CDi:20
_______T
CODE INDEX
Section 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 110-384
Townhouses 110-372 Special exceptions permissible by
Atomic energy uses 110-480 board of adjustment 110-383
Board of adjustment 110-2 Camping equipment
See also herein: Variances, Special Location of 110-551
Exceptions,Administrative Ap- Camping equipment,boats and boat trail-
peals ers,location of 110-551
Boats and boat trailers Certificate of occupancy
Living aboard 110-552 Hotels and motels 110-122
Location of 110-551 Required 110-121
Bonding Commercial districts
Residential planned unit develop- C-1 Low Density Commercial District 110-331 et seq.
ments 110-407 See within subheading: C-1 Low
Boundaries Density Commercial District
Reconsideration of district boundary C-2 Commercial/Manufacturing Dis-
changes 110-139 trict 110-380 et seq.
Rules for interpretation of district See within this subheading: C-2
boundaries 110-248 Commercial/Manufacturing
Breeze requirements District
R-3 Medium Density Residential Dis- Landscaping and screening between
trict, minimum breeze require- commercial or industrial zoning
ment 110-319 districts and residential zoning
Building official districts 110-566
Duties of 110-88 Commercial uses
Building permits Buildings required for 110-481
Residential planned unit develop- Common recreation and open space
ments 110-406 Residential planned unit develop-
Townhouses 110-378 ments,minimum 110-404, 110-
Buildings 438
Lot and street requirements for 110-255 Complaints of violations 110-90
Nonconforming structures 110-193 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 110-195 Construction
Required for commercial uses 110-481 Swimming pools 110-581
Setback lines 110-536 Courts,minimum width of 110-473
Structures approved by special excep- Dedication
tions 110-161 Public easement 110-477
C-1 Low Density Commercial District Public land 110-476
Accessory uses and structures 110-333 Defmitions 110-1
Area and dimensions 110-336 Density
Intent 110-331 C-1 Low Density Commercial District 110-331 et seq.
Landscaping, screening and parking 110-338 See within subheading: C-1 Low
Minimum setbacks 110-337 Density Commercial District
Offstreet parking and access 110-339 R-1 Low Residential District 110-271 et seq.
Principal uses and structures 110-332 See within subheading: R-1 Low
Prohibited uses and structures 110-335 Residential District
Supp.No. 15 CDi:21
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
R-2 Medium Density Residential Dis- Regulations for specific districts. See
trict 110-291 et seq. within specific districts as in-
See within subheading: R-2 Me- dexed
dium Density Residential Dis- Reuse of area used for density calcu-
trict lations 110-253
R-3 Medium Density Residential Dis- Rules for interpretation of district
trict 110-311 et seq. boundaries 110-248
See within subheading: R-3 Me- Structure, height, maximum use, lot
dium Density Residential Dis- area,setbacks 110-251
trict Unusual uses or uses not specifically
Residential planned unit develop- permitted 110-257
ments Drainage systems
Maximum density 110-437 Residential planned unit develop-
Reuse of area used for density calcu- ments 110-404
lation 110-253 Dune crossovers
Development districts R-3 Medium Density Residential Dis-
M-1 Light Industrial and Research trict 110-320
and Development District 110-351 et seq. Easements
See within this subheading: M-1 Dedicated public easements 110-477
Light Industrial and Research Emergency pad-mounted generators 110-484
and Development District 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
111 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- Occupational license required 110-523
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
/01
Supp.No. 15 CDi:22
CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Land Prohibited uses and structures 110-355
Nonconforming uses of 110-194 Special exceptions permissible by
Landscaping and vegetation board of adjustment 110-354
C-1 Low Density Commercial District 110-338 Maximum use
C-2 Commercial/Manufacturing Dis- District 110-251
trict 110-387 Medium density residential district
Interior landscaping for offstreet park- R-2 Medium Density Residential Dis-
ing areas 110-567 trict 110-291 et seq.
Landscaping and screening between See within subheading: R-2 Me-
commercial or industrial zoning dium Density Residential Dis-
districts and residential zoning trict
districts 110-566 R-3 Medium Density Residential Dis-
M-1 Light Industrial and Research trict 110-311 et seq.
and Development District 110-358 See within subheading: R-3 Me-
Length of structures dium Density Residential Dis-
Residential planned unit develop- trict
ments,maximum 110-440 Mobile home parks
Light industrial districts Nonconforming uses 110-192
M-1 Light Industrial and Research Nonconformities
and Development District 110-351 et seq. Intent 110-191
See within this subheading: M-1 Mobile home parks single-family mo-
Light Industrial and Research bile home districts 110-192
and Development District Nonconforming lots of record 110-196
Loading Nonconforming structures 110-193
M-1 Light Industrial and Research Nonconforming uses of land 110-194
and Development District 110-360 Nonconforming uses of structures or
Location of structures and premises in
Offstreet loading 110-507 combination 110-195
Recreational vehicles,camping equip- Repairs and maintenance 110-197
ment,boats and boat trailers.. 110-551 Temporary uses 110-198
Spaces Number of spaces
Offstreet parking 110-492 Offstreet parking 110-491
Swimming pools 110-581 Occupational license
Lots Home occupation requirements 110-523
Area Official zoning map
District 110-251 Adopted 110-246
Residential planned unit develop- Replacement 110-247
ments 110-439 Offstreet loading
Erection of more than one principal Location and dimensions of space... 110-507
structure on 110-537 Requirements spaces 110-506
Requirements for structures 110-255 Offstreet parking
Low density commercial district Access 110-493
C-1 Low Density Commercial District 110-331 et seq. C-1 Low Density Commercial District 110-339
See within subheading: C-1 Low Interior landscaping for offstreet park-
Density Commercial District ing areas 110-567
Low density residential district Location spaces 110-492
R-1 Low Residential District 110-271 et seq. Number of spaces required 110-491
See within subheading: R-1 Low R-1 Low Density Residential District 110-278
Density Residential District R-2 Medium Density Residential Dis-
M-1 Light Industrial and Research and trict 110-298
Development District R-3 Medium Density Residential Dis-
Accessory uses and structures 110-353 trict 110-318
Area and dimension 110-356 Residential planned unit develop-
Intent 110-351 ments 110-442
Landscaping, screening and parking 110-358 Townhouses 110-374
Minimum setbacks 110-357 Open space
Parking and loading 110-360 Duplicate use of 110-252
Performance standards 110-359 Parking
Principal uses and structures 110-352 C-1 Low Density Commercial District 110-338
'ori
Supp.No. 15 CDi:23
CAPE CANAVERAL CODE dd
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
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
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 Repairs and maintenance
Private roads and other related common Nonconformities 110-197
facilities Research and development districts
Residential planned unit develop- M-1 Light Industrial and Research
ments 110-404 and Development District 110-351 et seq.
Prohibited uses and structures See within this subheading: M-1
C-2 Commercial/Manufacturing Dis- Light Industrial and Research
trict 110-384 and Development District
' Imir
Supp.No. 15 CDi:24
CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Residential districts Setbacks
R-1 Low Density Residential District 110-271 et seq. Building setback lines 110-536
See within subheading: R-1 Low C-1 Low Density Commercial Dis-
Density Residential District trict,minimum setbacks 110-337
R-2 Medium Density Residential Dis- C-2 Commercial/Manufacturing Dis-
trict 110-291 et seq. trict 110-386
See within subheading: R-2 Me- District 110-251
dium Density Residential Dis- Duplicate use of 110-252
trict Encroachments 110-538
R-3 Medium Density Residential Dis- Erection of more than one principal
trict 110-311 et seq. structure on lot 110-537
See within subheading: R-3 Me- M-1 Light Industrial and Research
dium Density Residential Dis- and Development District 110-357
trict R-1 Low Density Residential District,
Residential planned unit developments minimum setbacks 110-277
Bonding 110-407 R-2 Medium Density Residential Dis-
Building permit 110-406 trict 110-297
Common open space, drainage sys- R-3 Medium Density Residential Dis-
terns, private roads and other trict,minimum setbacks 110-317
related common facilities 110-404 Residential planned unit develop-
Development plans ments 110-439
Application 110-421 Swimming pools,minimum 110-584
Procedure for approval of final de- Townhouses,minimum setbacks 110-373
velopment plan 110-423 Sewage disposal 110-479
Procedure for receiving approval of Sidewalks
preliminary development plan Required 110-475
and tentative zoning 110-422 Signs 94-64(a)
Enforcement 110-409 Single-family mobile home districts
Land use regulations Nonconformities 110-192
Development standards 110-444 Site plans
Maximum density 110-437 Appeal 110-223.5
Maximum length of structures ... 110-440 Criteria required 110-222
Minimum common recreation and Expiration 110-224
open space 110-438 Review procedures 110-223
Minimum floor area 110-441 Submittal and review required 110-221
Minimum lot area; frontage; set- Special exceptions
backs; accessory uses 110-439 Alcoholic beverages
Minimum size 110-436 Establishment serving alcoholic
Offstreet parking 110-442 beverages 110-171
Preservation of trees 110-445 Temporary alcoholic beverage per-
Underground utilities 110-443 mits 110-172
Permitted uses 110-403 Structures and uses approved by spe-
Physical review 110-405 cial exception 110-161
Purpose and intent 110-402 Variances, special exceptions, rezon-
Termination zone 110-408
ings,administrative appeals.See
Residential use antennas 110-478 herein that subject
Rezoning.See herein:Variances,Special Special exceptions permissible by board
Exceptions,Rezonings,Administra- of adjustment
tive Appeals C-1 Low Density Commercial District 110-334
Satellite dishes 110-478 M-1 Light Industrial and Research
Schedule of fees,charges and expenses110-92 and Development District 110-354
Screening R-1 Low Density Residential District 110-274
C-1 Low Density Commercial District 110-338 R-2 Medium Density Residential Dis-
C-2 Commercial/Manufacturing Dis- trict 110-294
trict 110-387 R-3 Medium Density Residential Dis-
Commercial or industrial districts110-566 trict 110-314
M-1 Light Industrial and Research Storing
and Development District 110-358 Certain vehicles 110-554
Supp.No. 15 CDi:25
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
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 110-198 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
Towers Vehicle rental facility 110-556
Wireless communications 110-483 Vehicular use areas,paving of 110-555
Townhouses Vessels.See within this subheading:Ve-
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 110461 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 LEASES
Expiration of variance or special ex-
ception; abandonment
110-32 Certain ordinances not affected by Code.. 1-10(a)(2)
Intent and purpose 110-26 City attorney
Reconsideration 110-31 Duties 2-126(6)
Rezonings LIBRARY
Procedure 110-35 Established 46-1
I Rezoning applicant obligations ... 110-34 Fees schedule in general. See: FEES (Ap-
Special exception pendix B)
Applicant obligations 110-38 Impact fees generally 2-231 et seq.
Procedure 110-39 See: IMPACT FEES
I Special notice requirements 110-28 Library board
Staff review 110-30 Created 46-26
Variances Expenditures 46-27
Applicant obligations 110-36 Indebtedness 46-33
Supp.No. 15 CDi:26
CODE INDEX
4.00
Section
Section
LIBRARY(Cont'd.) LICENSES AND PERMITS(Cont'd.)
Liability of city limited 46-31 Wastewater discharge permits 78-98
Meetings 46-30
Reports to council 46-32 LIENS
Abandoned property
LICENSES AND PERMITS Collection of lien on private property re
Adult entertainment establishment license 10-93 et seq. towing,storage,expenses 34-188
Alarm systems 30-27 et seq. Application for satisfaction or release of
See:ALARM SYSTEMS code enforcement liens 2-260
Building sewers
Permit for connections 48-77 LIFE SAFETY CODE. See: FIRE PREVEN-
Buildings and building regulations 82-1 et seq. TION
See:LAND DEVELOPMENT CODE LIGHT INDUSTRIAL DISTRICT
Community appearance review board Land development code regulations re zon-
0 Permits
Appeals and review 22-46 ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
Application criteria 22-44
0 Approval prerequisite for permits 22-40 LIGHTS AND LIGHTING
Building permits;enforcement 22-47 Definitions 34-206
Notice of approval or denial 22-43 Exceptions 34-210
Concurrency management system 86-1 et seq. Method of measurement 34-211
See:LAND DEVELOPMENT CODE Penalty 34-208
Excavations Policy established 34-207
Street excavation permit requirements. 66-81 et seq. Sea turtles
Fees schedule in general. See: FEES (Ap- Publicly owned lighting regulations14-57
pendix B) Signs 94-63
Fireworks permit(public display) 38-82 et seq. Solid waste
Flood damage prevention 90-26 et seq. Transporting regulations 62-7
See:LAND DEVELOPMENT CODE Spill-over lighting standards established34-209
I ( Land development code regulations re zon- Vehicles for hire 80-76(c)
ing 110-26 et seq. LIQUEFIED PETROLEUM GAS
See:LAND DEVELOPMENT CODE
Motion and still photography production Public service tax 70-26 et seq.
permits 16-60 et seq. See:TAXATION
See: PHOTOGRAPHY LITTER AND LITTERING
Occupational license tax 70-66 et seq. Abatement; assessment 34-43
See:TAXATION Aircraft,dropping from 34-35
Political signs 94-78 Burial of trash,rubbish or other debris... 34-41
Sewer impact fee requirements 78-125 Definitions 34-26
Sexually oriented business license 10-93 et seq. Enforcement 34-42
Signs Gutters,sweeping into prohibited 34-31
Land development code regulations.... 94-1 et seq. Handbills
See:LAND DEVELOPMENT CODE Depositing on uninhabited or vacant pre-
Solicitors, peddlers and itinerant mer- mises 34-53
chants permit requirement 16-51 et seq. Distribution prohibited where property
See: PEDDLERS, CANVASSERS AND posted 34-54
SOLICITORS Inhabited private premises,distribution
Street excavation permit requirements ... 66-81 et seq. at 34-55
See: STREETS, SIDEWALKS AND Throwing or distributing in public places 34-51
OTHER PUBLIC WAYS Vehicles,placing on 34-52
Temporary storage units(permit) 82-400 Merchant's
Tree protection,land clearing 102-39, 102-40 Duty to keep sidewalks free of litter... 34-32
Vehicles for hire Occupied private property,depositing on.. 34-37
Certificate of public convenience and Owner's maintenance of premises 34-38
necessity license 80-26 et seq. Penalty 34-27
Driver's permit 80-51 et seq. Posting notices prohibited 34-40
Licenses and fees to be in addition to Property maintenance standards 34-91 et seq.
other taxes and charges 80-3 See: PROPERTY MAINTENANCE
Vested rights 115-3 et seq. STANDARDS
See:VESTED RIGHTS Public places,litter in 34-29
Supp.No. 15 CDi:27
CAPE CANAVERAL CODE ,*1,,,,
Section Section
LITTER AND LITTERING(Cont'd.) MAYOR(Cont'd.)
Receptacles,placement in 34-30 Persons authorized to declare 18-2
River or other body of water,throwing in. 34-36 MEDICAL SERVICES
Sidewalks
Merchant's duty to keep sidewalks free Fire protection services; emergency medi-
of litter 34-32 cal services 38-56
Truck loads 34-34 MERCHANTS.See:PEDDLERS,CANVASS-
Unlawful deposit 34-28 ERS AND SOLICITORS
Vacant lots,depositing on 34-39
Vehicles METERS
Litter throwing by persons in vehicle 34-33 Franchise regulations in general. See:
Wetlands protection 106-26 et seq. FRANCHISES(Appendix A)
See:LAND DEVELOPMENT CODE Taximeters 80-76(f)
LOADING AND UNLOADING MINORS
Offstreet loading Fireworks
Land development code regulations re Operator regulations 38-85
zoning 110-26 et seq. Sexually oriented businesses, adult enter-
See:LAND DEVELOPMENT CODE tainment establishments 10-86 et seq.
Out of repair vehicles Unlawful provisions re minors 10-122
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.
LOCAL PLANNING AGENCY See:LAND DEVELOPMENT CODE
Designation and establishment 58-56 et seq. Land development code regulations re zon-
See:PLANNINGAND DEVELOPMENT ing 110-26 et seq. 1110
See: LAND DEVELOPMENT CODE
LOTS
Land development code regulations re zon- MONIES OF CITY.See:FINANCES
ing 110-26 et seq. MONTHS
See:LAND DEVELOPMENT CODE Definitions and rules of construction 1-2
Subdivisions Public service tax,monthly computation70-34
Land development code regulations.... 98-1 et seq.
See:LAND DEVELOPMENT CODE MONUMENTS AND MARKERS
LOUDSPEAKERS Subdivisions
Noises,enumeration of prohibited 34-153(3) Land development code regulations.... 98-1 et seq.
See:LAND DEVELOPMENT CODE
M MOTOR VEHICLES AND TRAFFIC
Alcoholic beverages
MALT BEVERAGES.See:ALCOHOLIC BEV- Motor vehicle regulations 6-51 et seq.
ERAGES See:ALCOHOLIC BEVERAGES
MANUFACTURED GAS Concurrency management system 86-1 et seq.
Public service tax 70-26 et seq. See: MOTOR VEHICLES AND TRAF-
See:TAXATION FIC
Dune parking prohibited 74-59
MAPS. See:SURVEYS,MAPS AND PLATS Exhaust
MARQUEES Noises,enumeration of prohibited 34-153(6)
Fire lanes
Signs
Land development code regulations.... 94-1 et seq. Designation of 74-62
See:LAND DEVELOPMENT CODE Handbills
Placing in vehicles 34-52
MAYOR Land development code regulations re zon-
City manager ing 110-26 et seq.
Powers and duties 2-101(3) See: LAND DEVELOPMENT CODE
Civil emergencies generally 18-1 et seq. Litter
See:CIVIL EMERGENCIES Throwing by person in vehicles 34-33
-wrr
Supp.No. 15 CDi:28
CODE INDEX
Section Section
MOTOR VEHICLES AND TRAFFIC(Cont'd.) MUSICAL INSTRUMENTS
Maps Noises,enumeration of prohibited 34-153(2)
Truck routes 74-31
No parking zone,authority to establish74-58
Noises N
Exhausts 34-153(6) NATURAL DISASTERS. See: CIVIL EMER-
Horns,signal devices 34-153(1) GENCIES
Out of repair vehicles 34-153(7)
Out of repair vehicles NATURAL GAS
Noises,enumeration of prohibited 34-153(7) Public service tax 70-26 et seq.
Outdoor entertainment permit require- See:TAXATION
ments 10-62(4)
Overnight parking 74-61 NOISE
Parking,stopping and standing Construction noise 34-154
County's civil traffic infraction hearing Declaration of policy to prohibit noise 34-151
officer program adopted 74-63 Enumeration of prohibited noises 34-153
Dune parking prohibited 74-59 Land development code regulations re zon-
Fire lanes,designation of 74-62 ing 110-26 et seq.
No parking zones,authority to establish 74-58 See:LAND DEVELOPMENT CODE
Overnight parking 74-61 Violations and penalties 34-152
Penalties 74-57
State law adopted 74-56 NUDITY
Truck parking 74-60 Alcoholic beverage establishments
Signs Nudity on premises where served, con-
Land development code regulations 94-1 et seq. sumed or stored 6-27
See:LAND DEVELOPMENT CODE Sexually oriented businesses, adult enter-
Truck routes 74-32 tainment establishments 10-86 et seq.
Solicitors, peddlers and itinerant mer-
chants 16-26 et seq. NUISANCES
See: PEDDLERS, CANVASSERS AND Abandoned property generally 34-181 et seq.
SOLICITORS See:ABANDONED PROPERTY
Solid waste General penalty; attorneys' fees and costs 1-15(b)
Transporting regulations 62-7 Noise generally 34-151 et seq.
Stopping and standing. See herein: Park- See:NOISE
ing,Stopping and Standing Property maintenance standards 34-91 et seq.
Through streets,parking,etc. See: PROPERTY MAINTENANCE
Certain ordinances not affected by Code 1-10(a)(8) STANDARDS
Travel on other than streets or highways. 74-1 Spill-over lighting 34-206 et seq.
Trucks See:LIGHTS AND LIGHTING
Applicability of provisions 74-27 Weeds and vegetation 34-121 et seq.
Definitions 74-26 See: WEEDS AND DEAD VEGETA-
TION
Exceptions 74-29 Notice to remedy notices 34-123
Parking 74-60 Public nuisances prohibited 34-122
Penalties 74-28
Truck loads 34-34 NUMBERS AND NUMBERING
Truck routes Definitions and rules of construction 1-2
Established 74-30 Numbering of buildings and property 82-366 et seq.
Inside origin 74-30(2) See:LAND DEVELOPMENT CODE
Maps of truck routes 74-31 Vehicles for hire 80-76(e)
Outside origin 74-30(1) Number of passengers carried 80-79
Signs for truck routes 74-32
Vehicles for hire 80-1 et seq.
See:VEHICLES FOR HIRE 0
MOTORBOATS. See: BOATS, DOCKS AND OATH,AFFIRMATION,SWEAR OR SWORN
WATERWAYS Definitions and rules of construction 1-2
MUFFLERS OBLIGATIONS
Noises,enumeration of prohibited 34-153(6) Certain ordinances not affected by Code.. 1-10(aX2)
'c:
Supp.No. 15 CDi:29
CAPE CANAVERAL CODE
Section Section
OBNOXIOUS SUBSTANCES OFFICERS AND EMPLOYEES(Cont'd.)
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.
OBSTRUCTIONSCity attorney
Duties 2-126(4)
Signs City council
Land development code regulations.... 94-1 et seq. Preparation of ordinances and resolu-
See:LAND DEVELOPMENT CODE tions prior to meetings 2-59
Solid waste collection 62-11 County animal control ordinance 14-26 et seq.
OCCUPANCY See:ANIMALS AND FOWL
Franchise regulations in general. See:
Franchise regulations in general. See: FRANCHISES(Appendix A)
FRANCHISES(Appendix A) Street abandonment,ordinance required . 66-39
OCCUPATIONAL LICENSE TAX.See:TAX- OUTDOOR ADVERTISING
ATION
Signs
OFFENSES Land development code regulations 94-1 et seq.
Abandoned property 34-181 et seq. See: LAND DEVELOPMENT CODE
See:ABANDONED PROPERTY OUTDOOR ENTERTAINMENT
Certain ordinances not affected by Code 1-10(a)(1) Compliance with other laws 10-47
Code does not affect prior offenses 1-8 Definitions 10-46
Court costs for police education and train- Exceptions to provisions 10-50
ing 50-3 Fees schedule in general. See: FEES (Ap-
Effect of repeal of ordinances and offenses pendix B)
committed 1-9(b) Occupational license required 10-49
General penalty; attorneys' fees and costs 1-15 Penalties for violations 10-48
Penalties for specific acts,omissions,viola- Permit
tions, etc.See specific subjects as in- Application 10-62
dexed Cash cleanup bond 10-64
State misdemeanor acts adopted,penalties 50-1 Fee 10-63
OFFICERS AND EMPLOYEES Required 10-61
Acting city manager 2-102 OWNER
Animal control officer 14-27 Definitions and rules of construction 1-2
City clerk
Duties 2-116
City engineer P
Duties 2-141 PARKING
City manager 2-101 et seq. General regulations 74-56 et seq.
Powers and duties 2-101 See: MOTOR VEHICLES AND TRAF-
City treasurer FIC
Duties 2-141
Classification PARKS AND RECREATION
Certain ordinances not affected by Code 1-10(a)(14) Alcoholic beverages
Definitions and rules of construction 1-2 Ocean Beach 6-53
Delegation of authority Possession and consumption 6-52
Definitions and rules of construction... 1-2 Animals
Fire chief 38-58 Prohibited in parks 14-28
Joint authority Beautification board 2-181 et seq.
Definitions and rules of construction... 1-2 See:BEAUTIFICATION BOARD
Police chief 42-26 Boats,vessels regulated 54-46 et seq.
Precinct supervisor 42-26 See: BOATS, DOCKS AND WATER-
Salaries WAYS
Certain ordinances not affected by Code 1-10(a)(14) Commercial solicitation 54-4
Sergeant at arms Concurrency management 86-1 et seq.
City council 2-63 See: LAND DEVELOPMENT CODE
Supp.No. 15 CDi:30
CODE INDEX
Section Section
PARKS AND RECREATION(Cont'd.) PHOTOGRAPHY
Fees schedule in general. See: FEES(Ap- Motion and still photography production
pendix B) permits
Glass container prohibited 54-1 Application for permit 16-66
Impact fees generally 2-231 et seq. City manager to act as agent for city .. 16-64
See: IMPACT FEES Definitions 16-63
Litter Nonexemption from other city Code re-
Throwing in river or other body of water quirements 16-67
in parks 34-36 Purposes 16-61
Open fires restricted 54-3 Recovery of costs for extraordinary ser-
Park hours 54-2 vices 16-68
Recreation board Required 16-65
Duties 54-28 Suspension and revocation 16-65
Title 16-60
Established 54-26 Violations and penalties 16-65
Indebtedness 54-29
Street excavations 66-61 et seq. PIPE LINES
See: STREETS, SIDEWALKS AND Franchise regulations in general. See:
OTHER PUBLIC WAYS FRANCHISES(Appendix A)
Vessels regulated 54-46 et seq. PLANNED UNIT DEVELOPMENTS
See: BOATS, DOCKS AND WATER- Land development code regulations re zon-
WAYS
Wetlands protection 106-26 et seq. mg 110-26 et seq.
See: LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
PLANNING AND DEVELOPMENT
PARTNERSHIPS Beautification board 2-181 et seq.
Persons; definitions and rules of construc- Business and cultural development board22-26 et seq.
tion extended and applied to 1-2 Community appearance review board .... 22-36 et seq.
Comprehensive plan
PEDDLERS, CANVASSERS AND SOLICI- Designation of agency,department,com-
TORS mittee or person to prepare 58-58
Definitions 16-26 Flood damage prevention 90-26 et seq.
Fraud 16-30 See:LAND DEVELOPMENT CODE
Harassment prohibited 16-28 Franchise regulations in general. See:
Parks and recreation FRANCHISES(Appendix A)
Commercial solicitation 54-4 Impact fees generally 2-231 et seq.
Permission to enter premises required.... 6-27 See:IMPACT FEES
Permit Land development code regulations re zon-
Appeals 16-56 ing 110-26 et seq.
Application 16-52 See:LAND DEVELOPMENT CODE
Badge for solicitors 16-57 Local planning agency
Exhibition of permit on request 16-58 Designation and establishment 58-56
Investigation;denial or issuance of;record 16-53 Designation of agency,department,com-
Notice of hearing 16-55 mittee or person to prepare coin-
Re wired prehensive plan 58-58
q 16-51
Revocation 16-54 Duties and responsibilities 58-57
Report of violations 16-31 Plan checking fee
Solicitor to leave when requested 16-29 Fees schedule in general. See: FEES
(Appendix B)
PENALTIES. See: FINES, FORFEITURES Planning and zoning board 110-3
AND OTHER PENALTIES See:LAND DEVELOPMENT CODE
Sanitary sewer system 78-26 et seq.
PERSON See: SEWERS AND SEWAGE DIS-
Definitions and rules of construction 1-2 POSAL
Signs
PERSONNEL. See: OFFICERS AND EM- Land development code regulations.... 94-1 et seq.
PLOYEES See:LAND DEVELOPMENT CODE
Street excavations 66-61 et seq.
(001 PHONOGRAPHS See: STREETS, SIDEWALKS AND
Noises,enumeration of prohibited 34-153(2) OTHER PUBLIC WAYS
Supp.No. 15 CDi:31
CAPE CANAVERAL CODE
Section Section
PLANNING AND DEVELOPMENT(Cont'd.) PROPERTY(Cont'd.)
Subdivisions Eminent domain powers re economic devel-
Land development code regulations.... 98-1 et seq. opment 2-70
See:LAND DEVELOPMENT CODE Numbering of buildings and property 82-366 et seq.
Tree protection,land clearing 102-36 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Property maintenance code 82-221 et seq.
Vested rights 115-1 et seq. Buildings and building regulations.See:
See:VESTED RIGHTS LAND DEVELOPMENT CODE
PLANT LIFE.See:WEEDS AND DEAD VEG- Signs
ETATION Land development code regulations.... 94-1 et seq.
See: LAND DEVELOPMENT CODE
PLATS. See: SURVEYS,MAPS AND PLATS Sleeping and camping in public areas and
beaches 50-4
PLUMBING Vested rights 115-1 et seq.
Fees schedule in general. See: FEES(Ap- See:VESTED RIGHTS
pendix B)
Flood damage prevention 90-26 et seq. PROPERTY MAINTENANCE STANDARDS
See:LAND DEVELOPMENT CODE Authority 34-92
Public service tax 70-26 et seq. Building appearance and maintenance ... 34-98
See:TAXATION Definitions 34-91
Sanitary sewer system 78-26 et seq. Duties and responsibilities for mainte-
See: SEWERS AND SEWAGE DIS- nance 34-97
POSAL Enforcement 34-95
Maintenance of plumbing system 78-35 Landscape appearance and maintenance . 34-99
POLES AND WIRES Purpose 34-94
Cable television franchise. See: FRAN- Scope 34-93
CHISES(Appendix A) Sign appearance and maintenance 34-100
Signs Standards established 34-96
Land development code regulations.... 94-1 et seq. PROPERTY MANAGEMENT
See:LAND DEVELOPMENT CODE Personal property control
POLICE DEPARTMENT Definitions 2-207(a)
Court costs for police education and train- Property acquisition 2-207(d)
ing 50-3 Property supervision and control 2-207(c)
Fees schedule in general. See: FEES (Ap- Record and inventory of property 2-207(b)
pendix B) Recording the disposal of property 2-207(f)
Police department Surplus property disposition 2-207(e)
Duties of chief of police and/or precinct Valuation of property 2-207(g)
supervisor 42-26
Vehicles for hire PUBLIC NUDITY.See:NUDITY
Receiving police radio calls prohibited;
radios which may be used 80-81 PUBLIC RECORDS. See: RECORDS AND
REPORTS
POLITICAL SIGNS
Signs PUBLIC SERVICE TAX
Land development code regulations94-1 et seq. Generally 70-26 et seq.
See:LAND DEVELOPMENT CODE See:TAXATION
PROCEEDINGS.See:SUITS,ACTIONS AND PUBLIC SEWERS.See:SEWERS AND SEW-
OTHER PROCEEDINGS AGE DISPOSAL
PROFESSIONS PUBLIC THOROUGHFARES.See:STREETS,
Occupational license tax 70-66 et seq. SIDEWALKS AND OTHER PUBLIC
See:TAXATION WAYS
PROPERTY PUBLIC VEHICLES
Abandoned property generally 34-180 et seq. Vehicles for hire 80-1 et seq.
See:ABANDONED PROPERTY See:VEHICLES FOR HIRE
Code enforcement citations
Enter upon property (inspection war- PUBLIC WAYS.See:STREETS,SIDEWALKS
rant) 2-290 AND OTHER PUBLIC WAYS
Supp.No. 15 CDi:32
CODE INDEX
Section Section
PUBLIC WORKS AND IMPROVEMENTS PURCHASES AND PURCHASING(Cont'd.)
Beautification board 2-181 et seq. Subdivision,prohibition against 2-223
See: BEAUTIFICATION BOARD Tie bids 2-218(8)
Certain ordinances not affected by Code.. 1-10(a)(11) Utilities service
Concurrency management 86-1 et seq. Purchase of 70-33
See:LAND DEVELOPMENT CODE Without collecting public service tax,
Flood damage prevention 90-26 et seq. purchase of 70-37
See:LAND DEVELOPMENT CODE
Franchise regulations in general. See: PYROTECHNICS. See:FIREWORKS
FRANCHISES(Appendix A)
Land development code regulations re zon- R
ing 110-26 et seq.
See: LAND DEVELOPMENT CODE RADIOLOGICAL WASTE.See:SOLID WASTE
Local planning agency 58-56 et seq.
See:PLANNING AND DEVELOPMENT RADIOS
Public service tax generally 70-26 et seq. Noises, enumeration of prohibited 34-153(2)
See:TAXATION Vehicles for hire
Signs Receiving police radio calls prohibited;
Land development code regulations.... 94-1 et seq. radios which may be used 80-81
See:LAND DEVELOPMENT CODE
Street excavations 66-61 et seq. RAILROADS AND TRAINS
See: STREETS, SIDEWALKS AND Franchise regulations in general. See:
OTHER PUBLIC WAYS FRANCHISES(Appendix A)
Subdivisions
Land development code regulations 98-1 et seq. RECORDS AND REPORTS
See:LAND DEVELOPMENT CODE City clerk
Weeds and vegetation 34-121 et seq. Duties 2-116(1)
See: WEEDS AND DEAD VEGETA- Franchise regulations in general. See:
TION FRANCHISES(Appendix A)
Wetlands protection 106-26 et seq. Occupational license tax
See: LAND DEVELOPMENT CODE Form signing of licenses;report of infor-
mation 70-70
PURCHASES AND PURCHASING Records of issued licenses 70-86
Availability of funds 2-225 Records of licensees 70-87
Award to other than low bidder 2-218(7) Sewers
Bid deposits 2-218(3) Industrial or commercial wastewater
Bid opening 2-218(4) monitoring reporting re discharges 78-100
Blanket purchase orders 2-224 Sexually oriented businesses, adult enter-
City bidders list 2-218(2) tainment establishments license
Cooperative purchasing 2-222 Records,reports 10-105
Definitions 2-216 Worker records 10-110
Emergency purchase 2-221 Solicitors, peddlers and itinerant mer-
Franchise regulations in general. See: chants
FRANCHISES(Appendix A) Permit record 16-53
Ineligible contractors 2-218(6) Report of violations 16-31
Notice 2-218(1) Subdivisions
Open market purchase procedures 2-219 Land development code regulations.... 98-1 et seq.
Performance bond 2-218(9) See:LAND DEVELOPMENT CODE
Personal property control Vehicles for hire
Property acquisition 2-207(d) Maintenance of records 80-85
Property supervision and control 2-207(c) Report to accidents 80-88
Recording disposal of property 2-207(f)
Surplus property disposition 2-207(e) RECREATION. See: PARKS AND RECRE-
Procedure 2-218 ATION
Prohibition of interest RECYCLABLE MATERIALS
Financial interest 2-226(a) Residences 62-9(b)
Gifts and rebates 2-226(b) Solid waste generally 62-1 et seq.
Purpose 2-217 See:SOLID WASTE
Rejection of bids 2-218(5)
Sole source 2-220 REFUSE.See:SOLID WASTE
Supp.No. 15 CDi:33
I
CAPE CANAVERAL CODE 0
Section Section
REGULAR MEETINGS SEWERS AND SEWAGE DISPOSAL
City council 2-56 Building sewers and connections.See herein:
Industrial and Commercial Use
RESIDENTIAL DISTRICTS Commercial use.See herein:Industrial and
Land development code regulations re zon- Commercial Use
ing 110-26 et seq. Concurrency management 86-1 et seq.
See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
Signs 94-96 et seq. Connection with sewer
Solid waste Late connection charge 78-28
Fees schedule in general. See: FEES Required 78-27
(Appendix B) Unlawful connection 78-29
RESIDENTIAL PLANNED UNIT DEVELOP- Deposit required 78-151
MENTS Disposal 78-33
Land development code regulations re zon- Failure to maintain plumbing system 78-36
ing 110-26 et seq. Fees schedule in general. See: FEES (Ap-
See:LAND DEVELOPMENT CODE pendix B)
Free service 78-37
REVENUES OF CITY. See: FINANCES Impact fees
REZONING Change of use 78-128
Certain ordinances not affected by Code.. 1-10(a)(9) Cost of living increase 78-129
Established 78-121
RIGHTS Excessive quantity of wastewater 78-123
Certain ordinances not affected by Code.. 1-10(a)(4) Full payment required prior to issuance
Code does not affect prior rights estab- of certificate or license 78-125
lished or occurring 1-8 Generally 2-231 et seq.
See: IMPACT FEES
ROAD SIGNS
Land development code regulations 94-1 et seq. Offsite sewage plumbing 78-131
Payment 78-122
ROBBERY ALARMS.See:ALARM SYSTEMS Port Canaveral customers 78-130
Use of funds 78-127
RUBBISH.See:SOLID WASTE Industrial and commercial use
Administrative enforcement procedures 78-59
S Administrative penalties 78-60
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
SANITARY SEWER SYSTEM.See:SEWERS Cost of installation;indemnification 78-78
AND SEWAGE DISPOSAL Elevations 78-82
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)
SEA TURTLES.See:ANIMALS AND FOWL Required 78-77(a)
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
City council 2-63 monitoring and reporting 78-100
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
Supp.No. 15 CDi:34
CODE INDEX
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 pendix 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
Private water supply Continuing duty;false,misleading infor-
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
Rates and charges Operation without license 10-119
Monthly sewer rates 78-152 Reapplication after denial 10-102
Payment of sewer charges required.... 78-153 Reasons for denial of application of li-
Sewer fees where owner has private cense 10-101
water supply 78-154 Records,reports 10-105
Sanitary requirements 78-32 Required 10-93
Separate connection for each separate build- Suspension,revocation of license 10-108
ing 78-38 Transfer of license 10-106
Septic tanks 78-34 Location, distance requirements 110-352(7)
Sewer fees where owner has private water Minors;unlawful provisions 10-122
supply 78-154 Name change(establishment) 10-107
Subdivisions Notice 10-91
Land development code regulations.... 98-1 et seq. Obscenity;indecent exposure unlawful 10-89
See:LAND DEVELOPMENT CODE Occupational licenses;home occupations10-128
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
sons 10-126 Theater(adult) 10-113
Construction 10-88 Worker records 10-110
Definitions 10-90
Engaging in prohibited activity SHOPPING CENTERS
Customers 10-117 Signs
Workers; operators 10-118 Land development code regulations.... 94-1 et seq.
Escort service 10-116 See:LAND DEVELOPMENT CODE
Supp.No. 15 CDi:35
CAPE CANAVERAL CODE
Section Section
SHOUTING SOLID WASTE(Cont'd.)
Noises,enumeration of prohibited 34-153(4) Recyclable material 62-9(b)
Separation of solid waste 62-9(a)
SIDEWALKS. See: STREETS, SIDEWALKS Solid 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
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
SOLID WASTE
City
erator regulator by state govern-
ment 80-2
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(a)(17)
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
Supp.No. 15 CDi:36
CODE INDEX
Section Section
STORMWATER DRAINAGE(Cont'd.) STREETS,SIDEWALKS AND OTHER PUB-
Subdivisions LIC WAYS(Cont'd.)
Land development code regulations.... 98-1 et seq. Land development code regulations re zon-
See:LAND DEVELOPMENT CODE ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
STORMWATER MANAGEMENT Lighting 34-206 et seq.
Fees schedule in general. See: FEES(Ap- See:LIGHTING
pendix B) Litter 34-26 et seq.
Sanitary sewer system 78-26 et seq. See:LITTER
See: SEWERS AND SEWAGE DIS- Local planning agency 58-56 et seq.
POSAL See:PLANNING AND DEVELOPMENT
Street excavations 66-61 et seq. Noise
See: STREETS, SIDEWALKS AND Enumeration of prohibited 34-153(4)
OTHER PUBLIC WAYS Open containers
Wetlands protection 106-26 et seq. Prohibited in motor vehicles 6-68
See: LAND DEVELOPMENT CODE Parks and recreation areas 54-1 et seq.
See:PARKS AND RECREATION
STREETS,SIDEWALKS AND OTHER PUB- Property maintenance standards 34-91 et seq.
LIC WAYS See: PROPERTY MAINTENANCE
Alcoholic beverages STANDARDS
Possession and consumption 6-51 Public service tax generally 70-26 et seq.
Beach end streets See:TAXATION
Camping prohibited 50-4 Right-of-way
Beautification board generally 2-181 et seq. Use agreements 66-1
See: BEAUTIFICATION BOARD Camping prohibited 50-4
Cable television franchise Signs
Conditions of street occupancy. See: Land development code regulations94-1 et seq.
FRANCHISES(Appendix A) See:LAND DEVELOPMENT CODE
Certain ordinances not affected by Code.. 1-10(a)(5) Solicitors, peddlers and itinerant mer-
Concurrency management system 86-1 et seq. chants 16-26 et seq.
See: MOTOR VEHICLES AND TRAF- See: PEDDLERS, CANVASSERS AND
FIC SOLICITORS
Excavations Solid waste generally 62-1 et seq.
City See:SOLID WASTE
Authority of city 66-64 Transporting regulations 62-7
Right to restore surface 66-69 Street lights
Cleanup 66-68 Sea turtle regulations 14-57
Emergencies 66-70 Streets
Engineering details 66-66 Abandonment
Guarantee 66-67 Authority 66-36
Ordinance required 66-39
Inspections 66-63
Petition
Liability of city 66-62 For action 66-37
Method of installation 66-65 Procedure 66-38
Penalty 66-61 Civil liability for damage 66-26
Permit Speed bumps 66-27
Application 66-82 Subdivisions
Cash deposits 66-84 Land development code regulations.... 98-1 et seq.
Fee 66-83 See: LAND DEVELOPMENT CODE
Required 66-81 Traffic
Fire lanes,designation of 74-62 Certain ordinances not affected by Code 1-10(a)(8)
Franchise agreements 66-1 Travel on other than streets or highways 74-1
Franchise regulations in general. See: Tree protection,land clearing 102-36 et seq.
FRANCHISES(Appendix A) See:LAND DEVELOPMENT CODE
Grades Trucks generally 74-26 et seq.
Certain ordinances not affected by Code 1-10(a)(10) See: MOTOR VEHICLES AND TRAF-
Handbills FIC
Throwing or distributing in public places 34-51 Weeds and vegetation 34-121 et seq.
Impact fees generally 2-231 et seq. See: WEEDS AND DEAD VEGETA-
See: IMPACT FEES TION
Supp.No. 15 CDi:37
CAPE CANAVERAL CODE
Section Section
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 improvements
See: LAND DEVELOPMENT CODE Certain ordinances not affected by Code 1-10(a)(11)
Regulations re zoning 110-26 et seq. Occupational license tax
See:LAND DEVELOPMENT CODE Contractors and subcontractors
Public service tax generally 70-26 et seq. Special requirements for 70-85
See:TAXATION Definitions 70-66
Purchasing Delinquencies 70-76
Prohibition against subdivisions 2-223 Engaging in business
Sanitary sewer system 78-26 et seq. Evidence of engaging in business ... 70-72
See: SEWERS AND SEWAGE DIS- Without paying tax or making reports 70-71
POSAL Exemptions 70-83
Street excavations 66-61 et seq. Insurance 70-84
See: STREETS, SIDEWALKS AND Levied 70-67
OTHER PUBLIC WAYS Licenses
Wetlands protection 106-26 et seq. Application for
See:LAND DEVELOPMENT CODE False statements in 70-73
Businesses not otherwise designated,
SUITS,ACTIONS AND OTHER PROCEED- license tax for 70-88
INGS Display of license 70-79
Codes does not affect prior acts committed Duplicate,issuance of 70-80
or done 1-8 Failure to obtain or renew license... 70-75
Effect of repeal of ordinances on suits or Form of licenses 70-70
proceedings pending 1-9(b) Issuance
SURFACE DRAINAGE Payment of tax prerequisite to ... 70-69
Records of issued licenses 70-86
Subdivisions License year 70-74
Land development code regulations.... 98-1 et seq. Multiple licenses 70-78
See:LAND DEVELOPMENT CODE Payment of tax prerequisite to issu-
SURVEYS,MAPS AND PLATS ance 70-69
Amendment to zoning map Preservation of license 70-79
Certain ordinances not affected by Code 1-10(a)(9) Records of licensees 70-87
City engineer Report of information 70-70
Duties 2-151(1) Required 70-69
Dedicating or accepting Separate license required for each
Certain ordinances not affected by Code 1-10(a)(12) place of business 70-77
Franchise regulations in general. See: Signing of licenses 70-70
FRANCHISES(Appendix A) Term of license 70-74
Outdoor entertainment permit require- Transferability 70-81
ments 10-62(2) Proration of tax 70-74
Subdivisions Rate schedule 70-89
Land development code regulations.... 98-1 et seq. Records of licensees 70-87
See:LAND DEVELOPMENT CODE Refunds 70-82
Supp.No. 15 CDi:38
CODE INDEX
Section Section
TAXATION(Cont'd.) TENSE
Tax payment date 70-74 Definitions and rules of construction 1-2
Violations and penalties 70-68
Failure to obtain or renew license 70-75 TIME
Public service tax Computation of time
Applicability 70-28 Definitions and rules of construction... 1-2
Appropriation of revenue 70-44
Authority;findings 70-27 TOPOGRAPHY
Collection 70-35 Property maintenance standards 34-91 et seq.
Computation 70-32 See: PROPERTY MAINTENANCE
Continuance of tax and appropriation70-45 STANDARDS
Definitions 70-26 Subdivisions
Discontinuance of utilities service 70-39 Land development code regulations.... 98-1 et seq.
Exemptions 70-30 See: LAND DEVELOPMENT CODE
Failure to pay tax TORNADOS
Collected 70-38 Civil emergencies generally 18-1 et seq.
Generally 70-42 See:CIVIL EMERGENCIES
Levied 70-29
Monthly computation 70-34 TOWING
Payment 70-31 Abandoned property
Payment of utilities service without pay- Liability of owner for towing, storage
ment of tax 70-41 expenses 34-188
Penalty 70-43
Purchase of utilities service TOWNHOUSES
Generally 70-33 Land development code regulations re zon-
Without collecting tax 70-37 ing 110-26 et seq.
Records 70-36 See:LAND DEVELOPMENT CODE
Sale of utilities service without Ccollec-
tion of tax 70-40 TOXIC WASTE.See:SOLID WASTE
Vehicles for hire TRADES
Licenses and fees to be in addition to Occupational license tax 70-66 et seq.
other taxes and charges 80-3 See:TAXATION
TAXICABS. See:VEHICLES FOR HIRE TRAFFIC. See: MOTOR VEHICLES AND
TECHNICAL CODES TRAFFIC
Building codes. See also: LAND DEVEL- TRASH.See: SOLID WASTE
OPMENT CODE
Building code 82-31 et seq. TRAVEL EXPENSES. See: OFFICERS AND
Coastal construction code 82-88 et seq. EMPLOYEES
Property maintenance code 82-221 et seq.
Unsafe building abatement code 82-56 et seq. TREASURER.See:CITY TREASURER
Fire prevention code 38-26 et seq. TREES AND SHRUBBERY
See: FIRE PREVENTION Fees schedule in general. See: FEES (Ap-
Florida Fire Prevention Code 38-26,38-27 pendix B)
Life Safety Code 38-28,38-29 Impact fees generally 2-231 et seq.
TELEGRAPH SERVICES See:IMPACT FEES
Public service tax generally 70-26 et seq. Tree protection
See:TAXATION Land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE
TELEPHONES Weeds and vegetation 34-121 et seq.
Automatic telephone direct dialing device; See: WEEDS AND DEAD VEGETA-
digital alarm communicator system . 30-37 TION
Franchise regulations in general. See:
FRANCHISES(Appendix A) TRUCKS
Load regulations re litter 34-34
TELEVISIONS Parking 74-60
Franchise regulations in general. See: Traffic regulations 74-26 et seq.
FRANCHISES(Appendix A) See: MOTOR VEHICLES AND TRAF-
Noises, enumeration of prohibited 34-153(2) FIC
Supp.No. 15 CDi:39
CAPE CANAVERAL CODE
Section Section
TURTLES VEHICLES FOR HIRE(Cont'd.)
Sea turtles 14-51 et seq. Cruising,soliciting business prohibited... 80-83
See:ANIMALS AND FOWL Definitions 80-1
Driver's attendance to vehicles 80-84
U Driver's permit
Application 80-53
UNSAFE BUILDINGS Fees 80-55
Unsafe building abatement code 82-56 et seq. Fees schedule in general. See: FEES
Buildings and building regulations.See: (Appendix B)
LAND DEVELOPMENT CODE Investigation;issuance,denial;posting. 80-54
UTILITIES Penalty 80-52
Flood damage prevention 90-26 et seq. Required 80-51
See:LAND DEVELOPMENT CODE Surrender;revocation;suspension 80-57
Franchise regulations in general. See: Transferability;term of validity 80-56
FRANCHISES(Appendix A) Federal or state government
Impact fees generally 2-231 et seq. Application to vehicles, operators regu-
See: IMPACT FEES lated by 80-2
Land development code regulations re zon- Fees schedule in general. See: FEES (Ap-
ing 110-26 et seq. pendix 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
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(
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)
Vehicle type,capacity 80-76(b)
V 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
Supp.No. 15 CDi:40
CODE INDEX
Section Section
VESTED RIGHTS(Cont'd.) WEEDS AND DEAD VEGETATION(Cont'd.)
Review and recommendation by city attor- Tree protection,land clearing 102-36 et seq.
ney 115-8 See:LAND DEVELOPMENT CODE
Standards for determining vested rights 115-5
Supplemental evidence 115-9 WETLANDS PROTECTION
Vested rights agreements 115-10 Specific regulations 106-26 et seq.
Vested rights permits,effect 115-3 See:LAND DEVELOPMENT CODE
WHISKEY. See:ALCOHOLIC BEVERAGES
W
WHISTLING
WASTEWATER Noises,enumeration of prohibited 34-153(4)
Sewer impact fees
Excessive quantity of 78-123 WINE.See:ALCOHOLIC BEVERAGES
WATER SUPPLY AND DISTRIBUTION WRITS, WARRANTS AND OTHER PRO-
Concurrency management 86-1 et seq. CESSES
See: LAND DEVELOPMENT CODE Code enforcement citations
Flood damage prevention 90-26 et seq. Enter upon property (inspection war-
See: LAND DEVELOPMENT CODE rant) 2-290
Impact fees generally 2-231 et seq. Franchise regulations in general. See:
See: IMPACT FEES FRANCHISES(Appendix A)
Public service tax generally 70-26 et seq.
See:TAXATION
Reclaimed water Y
Connection to the system 78-177 YARD WASTE. See: SOLID WASTE
Definitions 78-176
Installation and inspection of the re- YARDS AND OPEN SPACES
claimed water system Subdivisions
Adoption of Chapter 62-610,F.A.0 78-200 Land development code regulations.... 98-1 et seq.
Areas embraced 78-197 See: LAND DEVELOPMENT CODE
a. Code enforcement board authority and Weeds and vegetation 34-121 et seq.
violation liability 78-195 See: WEEDS AND DEAD VEGETA-
Cross-connection control 78-198 TION
Discontinuance of service 78-193
Inspections 78-192 YELLING
Policies and regulations adopted;com- Noises,enumeration of prohibited 34-153(4)
pliance required 78-191
Public employees liability 78-196
Unauthorized use 78-199 Z
Unlawful connections or practices 78-194 ZONING
Irrigation usage rates 78-180 Amendments to map
Reclaimed water uses 78-178 Certain ordinances not affected by Code 1-10(a)(9)
Right to refuse service 78-181 Fees schedule in general. See: FEES(Ap-
Sanitary sewer system 78-26 et seq. pendix B)
See: SEWERS AND SEWAGE DIS- Flood damage prevention 90-26 et seq.
POSAL See:LAND DEVELOPMENT CODE
Subdivisions Land development code 110-1 et seq.
Land development code regulations.... 98-1 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Local planning agency 58-56 et seq.
WATERWAYS, WATERCOURSES. See: See:PLANNING AND DEVELOPMENT
BOATS, DOCKS AND WATERWAYS Political signs 94-78
Signs
WEEDS AND DEAD VEGETATION Land development code regulations94-1 et seq.
Fees schedule in general. See: FEES(Ap- See: LAND DEVELOPMENT CODE
pendix B) Street excavations 66-61 et seq.
Intent 34-121 See: STREETS, SIDEWALKS AND
Notice to remedy nuisance 34-123 OTHER PUBLIC WAYS
Public nuisance prohibited 34-122 Subdivisions
Records 34-127 Land development code regulations.... 98-1 et seq.
Remedies by city 34-126 See:LAND DEVELOPMENT CODE
Supp.No. 15 CDi:41
CAPE CANAVERAL CODE
Section Section
ZONING(Cont'd.)
Weeds and vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
Wetlands protection 106-26 et seq.
See:LAND DEVELOPMENT CODE
Supp.No. 15 CDi:42