HomeMy WebLinkAboutSupplement 14 SUPPLEMENT NO. 14
September 2005
CODE OF ORDINANCES
City of
CAPE CANAVERAL, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at
this time through:
Ordinance No. 05-2005, adopted April 19, 2005.
See the Code Comparative Table for further information.
Remove old pages Insert new pages
xi—xiv xi—xiv
xvii, xviii xvii, xviii
Checklist of up-to-date pages Checklist of up-to-date pages
(following Table of Contents)
CD2:1, CD2:2 CD2:1, CD2:2
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CCT:19 CCT:19, CCT:20
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Insert and maintain this instruction sheet in front of this publication. File
removed pages for reference.
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TABLE OF CONTENTS
Page
Officials of the City at the Time of this Codification iii
Preface v
Adopting Ordinance ix
Checklist of Up-to-Date Pages [1]
PART I
CHARTER
Charter CHT:1
Art. I. [General Provisions] CHT:5
Art. II. General Powers CHT:7
Art. III. Elected Officers, Qualifications and Terms CHT:8
Art. IV. The Mayor, Powers and Duties CHT:9
Art. V. The City Council, Organization and Powers CHT:9
Art. VI. City Manager CHT:9
Art. VII. City Attorney CHT:10
Art. VIII. City Clerk CHT:10
Art. IX. City Tax Assessor CHT:10
(4111tre' 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. 14 xi
Milk
CAPE CANAVERAL CODE
Chapter Page
2. Administration CD2:1
Art. I. In General CD2:5
Art. II. City Council CD2:5
Div. 1. Generally CD2:5
Div. 2. Compensation CD2:5
Div. 3. Meetings CD2:6
Art. III. Officers and Employees CD2:9
Div. 1. Generally CD2:9
Div. 2. City Manager CD2:9
Div. 3. City Clerk CD2:10
Div. 4. City Attorney CD2:10
Div. 5. City Treasurer CD2:11
Div. 6. City Engineer CD2:11
Art. IV. Boards, Committees, Commissions CD2:11
Div. 1. Generally CD2:11
Div. 2. Beautification Board CD2:14
Art. V. Finance CD2:14
Div. 1. Generally CD2:14
Div. 2. Purchasing CD2:14.2
Div. 3. Impact Fees CD2:16
Art. VI. Code Enforcement CD2:19
Div. 1. Generally CD2:19
Div. 2. Code Enforcement Board CD2:19
'Nies)
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 CD 14:3
Supp.No. 14 xli
TABLE OF CONTENTS--Cont'd.
Chapter Page
Art. II. County Animal Control Ordinance CD14:3
Art. III. Sea Turtles CD14:3
15. Reserved CD15:1
16. Businesses CD16:1
Art. I. In General CD16:3
Art. II. Solicitors, Peddlers and Itinerant Merchants CD16:3
Div. 1. Generally CD16:3
Div. 2. Permit CD16:3
Art. III. Motion and Still Photography Production Per-
mits 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. IV. Weeds and Dead Vegetation CD34:11
Art. V. Noise CD34:13
Art. VI. Abandoned Property CD34:14
Art. VII. Lights CD34:19
App. A. Diagram CD34:20
35-37. Reserved CD35:1
38. Fire Prevention and Protection CD38:1
Art. I. In General CD38:3
Art. II. Fire Prevention Codes CD38:6
Art. III. Fire Department CD38:7
Art. IV. Fireworks CD38:8
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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 CD58:4
59-61. Reserved CD59:1
62. Solid Waste CD62:1
63-65. Reserved CD63:1
66. Streets, Sidewalks and Other Public Places CD66:1
Art. I. In General CD66:3
Art. II. Streets CD66:5
Div. 1. Generally CD66:5
Div. 2. Abandonment CD66:5
Art. III. Excavations CD66:6
Div. 1. Generally CD66:6
Div. 2. Permit CD66:7
67-69. Reserved CD67:1
70. Taxation CD70:1
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TABLE OF CONTENTS-Cont'd.
‘1100"
Chapter Page
Art. IV. Improvements CD98:15
Div. 1. Generally CD98:15
Div. 2. Design Standards CD98:18
99-101. Reserved CD99:1
102. Vegetation CD102:1
Art. I. In General CD102:3
Art. II. Tree Protection CD102:3
Div. 1. Generally CD102:3
Div. 2. Land Clearing CD102:3
103-105. Reserved CD103:1
106. Waterways CD106:1
Art. I. In General CD106:3
Art. II. Wetlands Protection CD106:3
107-109. Reserved CD107:1
110. Zoning CD110:1
Art. I. In General CD110:7
Art. II. Board of Adjustment CD110:14
Div. 1. Generally CD110:14
Div. 2. Special Exceptions CD110:16
Div. 3. Variances CD110:18
Art. III. Administration and Enforcement CD110:20
Div. 1. Generally CD110:20
Div. 2. Permits CD110:21
Div. 3. Certificate of Occupancy CD110:22
Div. 4. Amendments and Rezonings CD110:23
Art. IV. Special Exceptions CD110:24
Div. 1. Generally CD110:24
Div. 2. Alcoholic Beverages CD110:25
Art. V. Nonconformities CD110:26.1
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
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
cre Art. IX. Supplementary District Regulations CD110:59
Div. 1. Generally CD110:59
Supp.No. 14 xvii
CAPE CANAVERAL CODE
Chapter Page
Div. 2. Offstreet Parking CD110:64.10
Div. 3. Offstreet Loading CD110:64.12
Div. 4. Home Occupations CD110:64.12
Div. 5. Setbacks CD110:65
Div. 6. Vehicles and Vessels CD110:67
Div. 7. Landscaping and Vegetation CD110:70
Div. 8. Swimming Pools CD110:72
111-114. Reserved CD111:1
115. Vested Rights CD115:1
Art. I. In General CD115:3
A. Franchises CDA:1
Art. I. Cable Television Franchise CDA:3
Art. II. Electric CDA:14
Art. III. Gas Franchise Agreement CDA:17
Art. IV. Telephone CDA:28
Art. V. Water CDA:31
B. Schedule of Fees CDB:1
Code Comparative Table—Laws of Florida CCT:1
Code Comparative Table-1981 Code CCT:3
Code Comparative Table—Ordinances and Resolutions CCT:9
State Law Reference Table SLT:1
Charter Index CHTi:1
Code Index CDi:1
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Supp.No. 14 xviii
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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
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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
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In the first column all page numbers are listed in sequence. The second
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In addition to assisting existing holders of the Code, this list may be used
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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.
Secs. 2-70-2-90. 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.
Division 3. City Clerk
Sec. 2-116. Duties.
Loo° *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. 14 CD2:1
CAPE CANAVERAL CODE
J
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 IV. Boards,Committees,Commissions
Division 1. Generally
Sec. 2-171. Uniform procedures and requirements.
Secs. 2-172-2-180. Reserved.
Division 2. Beautification Board
Sec. 2-181. Established,membership,terms,qualifications.
Sec. 2-182. Meetings;bylaws;officers.
Sec. 2-183. Absence from meetings.
Sec. 2-184. Duties.
Sec. 2-185. Coordination with planning and zoning board.
Sec. 2-186. Indebtedness.
Secs. 2-187-2-205. Reserved.
Article V. Finance
Division 1. Generally
Sec. 2-206. Quarterly report of income and expenditures.
Sec. 2-207. Personal property control.
Secs. 2-208-2-215. Reserved.
Division 2. Purchasing
Sec. 2-216. Definitions.
Sec. 2-217. Purpose.
Sec. 2-218. Procedure.
Sec. 2-219. Open market purchase procedures.
Sec. 2-220. Sole source.
Sec. 2-221. Emergency purchase.
Sec. 2-222. Cooperative purchasing.
Sec. 2-223. Prohibition against subdivision.
Sec. 2-224. Blanket purchase orders.
Sec. 2-225. Availability of funds.
Sec. 2-226. Prohibition of interest.
Secs. 2-227-2-230. Reserved.
J
Supp.No. 14 CD2:2
(1Ih ADMINISTRATION §2-171
occur annually at the first meeting held in Janu- of the boards or committees, and such records
ary, unless there is no January meeting,then the shall be maintained in the same manner as other
next meeting held. All newly established boards city records.
and committees shall make such elections at their (m) Alternate members.At the discretion of the
first regularly held meeting and then annually as city council, two alternate members may be ap-
stated above. Alternate members (as provided pointed to each city board or committee.Alternate
below) shall not be elected to positions of chair- members shall be provided with all agendas and
person or vice-chairperson. All meetings shall be documentation provided to regular members and
as regularly scheduled and at the call of the chair shall be permitted to provide input during discus-
and at such other times as a majority of the sions. Alternate members shall not be permitted
members of any board or committee may deter- to vote on matters before the board unless they
mine have assumed the duties of an absent regular
member.
(j) Rules and procedures. The city council may
adopt and amend,from time to time by resolution, The member of the board or committee who has
general and quasi-judicial rules and procedures served longer as an alternate member shall be the
for boards and committees. All boards and corn- first alternate board member.If the first alternate
mittees shall at all time comply with the general member leaves the board or is appointed as a
rules and procedures, and when applicable, the regular board member, the successor to the first
quasi-judicial rules and procedures. A board or alternate board member shall be that alternate
committee may adopt additional rules and proce- board member with the longer service as an
dures provided that such rules or procedures are alternate member. The next appointed alternate
Lsupplementary in nature and not inconsistent member shall be designated as the second alter-
with the rules and procedures adopted by the city nate board member.
council and any federal, state, or local law. Any In the absence of a regular member from an
rule or procedure adopted by the board or corn- official board meeting, the first alternate board
mittee may be amended or repealed by the city member shall assume all duties of the absent
council. regular board member,including the right to vote
on any matter before the board at the meeting. If
(k) Quorum; board actions. A majority of the two or more regular board members are absent
members of each board or committee shall consti- from an official board meeting, the second alter-
tute a quorum. The affirmative vote of the major- nate member shall assume all duties of the absent
ity present shall be necessary for any board regular member, including the right to vote on
actions; provided, however, it shall take three any matter before the board at the meeting.
affirmative votes to pass or approve any action,
unless a super-majority is otherwise required by In the absence of the first alternate board mem-
local, state or federal law. ber from an official board meeting, the second
alternate board member shall act in the place of
(1) Public meetings; minutes. All meetings of the absent first alternate, including the right to
boards or committees shall be open to the public. vote on matters before the board at that meeting
The city manager shall designate a secretary, for if a regular member is absent at the meeting.
each board or committee, whose duties shall in- (n) Ad hoc committees. The city council may
dude keeping minutes of all the meetings of the create by resolution,from time to time,temporary
board or committee and recording the actions ad hoc committees to serve a limited purpose.The
and/or recommendations of each board or commit- resolution may exempt the committee from all or
tee, including showing the vote of each member
part of the requirements of this section.
upon each question or if absent or failing to vote
indicating such fact. The city manager may ap- (o) Interviews. Prior to a person being ap-
L point a board or committee member to serve as pointed to a board or committee, the person shall
secretary.The city shall be custodian of all records be interviewed, in person, by the board or com-
Supp.No. 14 CD2:13
§2-171 CAPE CANAVERAL CODE
3
mittee on which the person is seeking appoint- Sec. 2-184. Duties.
ment and by the city council. The board or com- The beautification board shall plan and pro-
mittee shall make a recommendation to the city pose to the city council such landscaping and
council on whether the person should be ap- beautification programs as shall seem desirable
pointed to their respective board or committee and feasible to the board for the benefit of the city.
based on the requirements of this section. Such programs are to apply to all areas of the city.
(p) Ex-officio members. At the discretion of the The beautification board shall cooperate with and
city council,ex-officio members may be appointed assist any organizations or private individuals or
to each city board or committee to serve in an groups of individuals conducting private landscap-
advisory capacity to such board or committee. ing and beautification programs in the city.
Ex-officio members shall be provided with all (Code 1981, § 251.03)
agendas and documentation provided to regular
members and shall be permitted to provide input Sec. 2-185. Coordination with planning and
during discussions. Ex-officio members shall not zoning board.
be permitted to vote on matters before the board. The beautification board may appoint one mem-
Each ex-officio member shall meet all of the ber to serve as a representative to the planning
requirements for board membership provided and zoning board to act as an advisor to the
within this section and as otherwise provided by planning and zoning board on matters of city
law. beautification.
(Ord. No. 12-2003, § 2, 7-1-03; Ord. No. 20-2004, (Code 1981, § 251.04)
§ 2, 11-16-04) Cross reference—Planning and zoning board,§58-26 et
seq.
Secs. 2-172-2-180. Reserved. Sec. 2-186. Indebtedness.
,.4....,0,0)
DIVISION 2. BEAUTIFICATION BOARD The beautification board shall not incur any
debts or enter into any contracts or obligations
which would be enforceable against the city, un-
Sec. 2-181. Established,membership,terms, less prior approval has been obtained from the
qualifications. city council.
A beautification board, which shall consist of (Code 1981, § 251.05)
seven members, is established.
(Code 1981, § 251.01; Ord. No. 48-93, § 1, 1-4-94; Secs. 2-187-2-205. Reserved.
Ord. No. 12-2003, § 2, 7-1-03)
ARTICLE V. FINANCE*
Sec. 2-182. Meetings.
Regular meetings of the beautification board DIVISION 1. GENERALLY
shall be held at least once each month at the city
hall, and special meetings of the board shall be Sec. 2-206. Quarterly report of income and
held at such times and at such places as the board expenditures.
may direct. At the beginning of each quarterly period dur-
(Code 1981, § 251.02; Ord. No. 12-2003, § 2, ing the fiscal year and more often if required by
7-1-03) the city council,the city treasurer shall submit to
Sec. 2-183. Reserved. *Cross references—City treasurer,§2-141 et seq.;taxa-
tion, ch. 70; sanitary sewer system impact fees, § 78-121 et
Editor's note—Ord. No. 12-2003, § 2, adopted July 1, seq.;schedule of fees,app.B.
2003,deleted§2-183,which pertained to absence from meet- State law reference—Municipal finance and taxation,
ings. F.S.§ 166.101.
Supp.No. 14 CD2:14
Lipoe ADMINISTRATION §2-207
the council data showing the relation between the city treasurer at a minimum on or before
estimated and actual income and expense to date. September 1 of each year,but additionally
If it shall appear that the income is less than as changes to the condition or status of
anticipated, the council shall reduce appropria- the property occur. No property, regard-
tions,except amounts required for debt and inter- less of condition or value,may be disposed
est charges,to such a degree as may be necessary of or transferred from the custody of the
to keep expenditures within the income. assigned department without approval of
(Laws of Fla., ch. 63-1197, art. XVII, § 7) the city manager.
State law reference—Deposit of funds, F.S. §§ 215.85,
658.98. (3) The city treasurer shall prepare and main-
tain a property record for the city; the
same shall be updated annually. As indi-
Sec. 2-207. Personal property control.
cated above, the city treasurer shall be
(a) Definitions. The following words,terms and provided a copy of each departmental in-
phrases, when used in this division, shall have ventory, no less than annually, but addi-
the meanings ascribed to them in this section, tionally as required by this section. Such
except where the context clearly indicates a dif- inventories shall be compared with the
ferent meaning. property record,and all discrepancies shall
City means the City of Cape Canaveral and/or be traced and reconciled. All property
the City Council. shall be entered into the property record
of the city where the value of the property
Governmental unit means the governing exceeds $1,000.00 and has a life expect-
board,commission or authority of a municipal- ancy of greater than one year.
ity, county or taxing district of the state or the
L sheriff of the county. (4) In addition to the foregoing,the city shall
take an inventory of its property in the
Property means, unless provided otherwise custody of the city manager,or any autho-
in this section,all tangible personal property of rized department head,whenever there is
a nonconsumable nature. a change in city manager or authorized
Property record means a list or inventory of department head.
all city-owned property with a value of$1,000.00 (5) Where any property is determined by a
or more and a normal expected life of more department head to be surplus, missing
than one year,which includes the type,charac- or damaged, the department head shall
ter, condition of the property and any other immediately notify the city manager in
information required by the city manager or writing of such status. The property shall
applicable law. continue to be maintained by the custo-
(b) Record and inventory of property. dial department until directed otherwise
by the city manager. Where the city man-
(1) Each item of property which is practicable ager directs the property to be disposed of,
to identify by marking shall be marked in as provided in this section, or transferred
the manner required by city manager. to another department, the department
(2) Each department head shall complete and head being relieved of the property shall
maintain a current inventory of all prop- notify the city treasurer in writing of the
erty assigned or entrusted to the custody status and disposition of such property.
of the associated department.Such inven- The city treasurer shall prepare and main-
tory shall include the condition of the tain a separate inventory of all city prop-
property, i.e. good, fair, or poor, and shall erty declared surplus, missing, or dam-
identify all property which has become aged, and how the same was disposed of.
damaged, missing, or which is of no fur- (c) Property supervision and control. The city
L ther value to such department. A copy of manager shall be responsible for the supervision
such inventory shall be provided to the and control of city property, but may delegate to
Supp.No. 14 CD2:14.1
§2-207 CAPE CANAVERAL CODE
the various department heads its use and imme- (g) Valuation of property.
diate control and may require custody receipts. (1) Property should be accounted for at cost,
The city manager may assign to or withdraw from which may include the following: pur-
such department heads the custody of city prop- chase or construction cost; freight and
erty at any time. The city manager and heads of transportation charges; site preparation
each department shall be responsible to the city expenditures; professional fees and legal
for the safekeeping and proper use of the property claims directly attributable to asset acqui-
entrusted to their care. sition.
(d) Property acquisition. Whenever acquiring (2) Donated property should be recorded at
property, the city may pay the purchase price in its estimated fair market value at the
full or may exchange property with the seller as a time of acquisition.
trade-in and apply the exchange allowance to the (Ord. No. 18-2004, § 2, 10-5-04)
cost of the property acquired. If whenever acquir-
ing property,the city may best serve the interests Secs. 2-208-2-215. Reserved.
of the city by outright sale of the property to be
replaced rather than by exchange as a trade-in,it DIVISION 2. PURCHASING*
may make the sale in a manner otherwise pre-
scribed in this section for the disposal of property.
The receipts from the sale may be treated as Sec. 2-216. Definitions.
current refund if the property to be acquired shall The following words,terms and phrases,when
be contracted for within the same fiscal year of used in this division, shall have the meanings
the city in which the property sold is disposed of. ascribed to them in this section, except where the
context clearly indicates a different meaning:
(e) Surplus property disposition. Property that
is obsolete or the continued use of which is uneco- Bid means a formal written and sealed re-
nomical or inefficient, or which serves no useful sponse to a formal advertisement for specified
function may be disposed of for value to any requirements.
person or may be disposed of for value without Bidder means an offeror who submits a bid or
bids to the state, to any governmental unit, or to proposal to the city.
any political subdivision,defined in F.S. § 1.01,or
if the property is without commercial value it may Blanket purchase order means a continuing
be donated destroyed, or abandoned. Property, purchase order designed to capture cumulative
the value of which the city manager estimates to transactions to reduce the administrative costs of
be between$3,000.00 and$5,000.00,shall be sold placing recurrent orders with an established ven-
only to the highest responsible bidder after a dor.
request for at least three bids, or by public auc-
tion. Any sale of property the value of which the Construction means and includes all improve-
city manager estimates to be $5,000.00 or more ments to real property.
shall be sold only to the highest responsible Contract means a mutually binding legal rela-
bidder at public auction, after publication of no- tionship between the city and another party obli-
tice less than one week,nor more than two weeks gating the other party to furnish supplies, ser-
prior to sale in a newspaper having a general vices or construction to the city and the city to pay
circulation in Brevard County. for them. It includes all types of commitments
(f) Recording the disposal of property. The dis- that obligate the city to an expenditure of funds,
and that, except as specifically provided in this
posal of property within the purview of subsection division, are in writing. Contracts include bilat-
(e) shall be recorded by city manager required by
subsection (b) above. *Cross reference—Officers and employees,§2-91 et seq.
Supp.No. 14 CD2:14.2
ADMINISTRATION §2-218
eral instruments, purchase orders, contract mod- (6) Previous and existing compliance by the
ifications and orders under blanket purchase or- bidder with laws and ordinances relating
ders. to the contract;
Proposal means an offer submitted to the city (7) The sufficiency of the financial resources
in response to a city request for proposals which of the bidder;
permits persons to offer, at least in part, the (8) The quality, availability and adaptability
method or manner of contract performance or to of the supplies,services or construction to
specify alternatives to the stated city require the particular use required;
ments.
(9) The ability of the bidder to perform any
Purchase order means a unilateral instrument warranty obligations called for by the
issued by the city ordering supplies, services, or contract; and
construction which becomes a contract by the
other party through formal acceptance or by per- (10) The number and scope of conditions at-
formance. tached to the bid or proposal by the bid-
der.
Services means and includes all personal and (Ord. No. 9-93, § 3(205.03), 5-18-93)
nonpersonal services, utilities, insurance, leases
for real and personal property, rental, repairs, Sec. 2-218. Procedure.
and maintenance of real or personal property.The
term shall not include professional services. All purchases by the city, except as otherwise
(Ord. No. 9-93, § 3(205.01), 5-18-93) provided in this division,when the estimated cost
Cross reference—Definitions and rules of construction thereof shall exceed $20,000.00, shall be pur-
Le
§ 1-2. chased by formal written bilateral contract from
the lowest responsible bidder after due notice
Sec. 2-217. Purpose. inviting bids or proposals.
The city shall purchase supplies, services and (1) Notice. Notice inviting bids or proposals
construction utilizing competitive purchasing meth- shall be published in at least one official
ods as defined in this division, except to the newspaper with general circulation in the
extent the laws of the state or of the United States county at least five days preceding the
of America preempt this division or any of its last day set for the receipt of proposals.
provisions. Except as otherwise provided in this The newspaper notice required shall in-
division, contract awards shall be made to the dude a general description of the sup-
lowest responsible bidder. In determining the plies, services or construction to be pur-
lowest responsible bidder, the city shall consider, chased and shall state where bid blanks
in addition to price: and specifications may be secured and the
time and place for opening bids. The city
(1) The ability, capacity and skill of the bid- shall also advertise pending purchases by
der to perform the contract;
a notice posted on the public bulletin
(2) Whether the bidder can perform the con- board in city hall.
tract within the time specified;
(2) City bidders list. The city shall also solicit
(3) The character and integrity, reputation, bids or proposals from all responsible pro-
judgement, experience and efficiency of spective bidders whose names appear on
the bidder; the bidders list maintained by the city.
(4) The quality of performance of previous The city shall send a copy of the newspa-
contracts by the bidder; per notice described in subsection (1) of
this section to each bidder whose name
(5) Compliance by the bidder with require- appears on the city bidders list. The city
Lire ments of the invitation for bid or request shall mail the notices as aforesaid only to
for proposal; those bidders who ordinarily provide sup-
Supp.No. 14 CD2:14.3
§2-218 CAPE CANAVERAL CODE
plies, services or construction similar in full and complete statement of the rea-
character to those called for by the invi- sons for placing the contract elsewhere
tation for bids or request for proposals. shall be prepared by the city and filed
Prospective bidders may have their names with other documents relating to the in-
added to the city bidders list in accor- vitation for bids or request for proposals.
dance with procedures to be adopted by (8) 7£e bids. If all bids or proposals received
the city manager. are for the same total amount or unit
(3) Bid deposits. When deemed necessary by price, quality and services being equal,
the city,bid deposits shall be prescribed in the contract shall be awarded to any bid-
the public notices inviting bids or propos-
als.Unsuccessful bidders shall be entitled
to the return of surety where the city has
required such. A successful bidder shall
forfeit any surety required by the city
upon failure to enter into a contract upon
the terms contained in the bidder's bid or
proposal within ten days after the award.
(4) Bid opening. Bids and proposals shall be
submitted sealed to the city and shall
identify the city invitation for bid or re-
quest for proposal number on the outer
envelope.Bids and propoals shall be opened
at the time and place stated in the public
notice.A tabulation of all bids and propos-
als received shall be posted for public
inspection on the bulletin board in the
city hall.
(5) Rejection of bids. The city shall have the
authority to reject all bids or proposals
when the public interest will be served
thereby. The city may reject the bid or
proposal of a bidder when:
a. The bid or proposal does not conform
to the technical specifications;
b. The bid or proposal is facially non-
conforming as to acceptable materi-
als and components or services; or
c. The bid materially and substantially
differs from the invitation for bids or
request for proposals.
(6) Ineligible contractors. The city shall not
solicit or accept the bid or proposal of a
contractor who is in the default of pay-
ment of taxes,license fees or other monies
due the city.
(7) Award to other than low bidder. When the
award is not made to the lowest bidder, a
Supp.No. 14 CD2:14.4
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. Same—Write-in candidates.
Sec. 26-5. Early voting exemption.
Lie
Lite- *Cross reference—Election of the city council,§2-26.
State law reference—Florida election code,F.S. chs.97-106.
Supp.No. 14 CD26:1
J
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ELECTIONS §26-5
Sec. 26-1. State election code adopted. and any other early voting sites the supervisor
may establish in public libraries,city halls,or any
The state election code, F.S. chs. 97-106, is other facilities approved by the supervisor.
adopted as the procedure for conducting munici- (Ord. No. 17-2004, § 2, 10-5-04)
pal elections within the city.The duties,authority Editor's note—Ord. No. 17-2004, § 2, adopted Oct. 5,
and responsibility of state and county officers, 2004, added § 26-4 to the Code. Inasmuch as said section
board and bodies set forth in the state election already existed, at the editor's discretion the new provisions
code shall apply to the corresponding municipal were codified as§26-5 to maintain the numerical sequence of
the Code.
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.
‘11000' 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 74th day prior to
the general election and no later than 12:00 noon
of the 60th day prior to the date of the general
election.
(Code 1981, § 211.04; Ord. No. 10-2002, § 1,
6-4-02)
Sec. 26-4. Same—Write-in candidates.
The qualifying period for write-in candidates
for the offices of the mayor and city council shall
be at any time after 12:00 noon of the 63rd day
prior to the date of the general election and no
later than 12:00 noon of the 60th day prior to the
date of the general election.
(Code 1981, § 211.05; Ord. No. 10-2002, § 2,
6-4-02)
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
(isme Supervisor of Elections to conduct early voting for
the city at the office of the supervisor of elections
Supp.No. 14 CD26:3
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Chapter 40
HUMAN RELATIONS
Article I. In General
Secs. 40-1-40-25. Reserved.
Article II. Reserved
Secs. 40-26-40-30. Reserved.
L
L
Supp.No. 14 CD40:1
J
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(111101 HUMAN RELATIONS §40-30
ARTICLE I. IN GENERAL
Secs. 40-1-40-25. Reserved.
ARTICLE II. RESERVED*
Secs. 40-26-40-30. Reserved.
L
*Editor's note—Ord. No. 01-2005, § 2, adopted Feb. 1,
2005, deleted art. II, which pertained to human rights and
derived from Ord.No.36-93,§§1(726.01),1(726.03),1(726.05),
1(726.07)and 1(726.09, 726.11)adopted Oct. 19, 1993.
Supp.No. 14 CD40:3
J
3
PARKS AND RECREATION §54-28
ARTICLE I. IN GENERAL goods, promotional schemes, advertising pro-
grams or property of any kind or character in the
Sec. 54-1. Glass containers prohibited. following locations in the city:
1. All of the sand beach areas between the
It shall be unlawful for any person to take onto Atlantic Ocean and the city set back line
a city park or ocean beach or to have in his for beachfront lots.
possession on a city park or dune crossover any
glass bottle, drinking glass or other glass con- 2. All public parking lots and facilities for
tainer. beach or park access,including dune cross-
(Code 1981, § 606.05) overs.
Cross reference—Waterways,ch. 106.
3. All publicly owned parks.
Sec. 54-2. Park hours. The words "solicit" or "canvass" as used herein
shall include any act, delivery or exchange not
Except for city-approved scheduled park activ- initiated by the prospective customer, which di-
ities,all city parks,except for Manatee Sanctuary rects attention to any business, mercantile or
Park,shall be closed during the hours of 9:00 p.m. commercial establishment or enterprise, or any
to 7:00 a.m. Manatee Sanctuary Park shall be other commercial activity, for the purpose of di-
closed from 45 minutes after sunset until 7:00 rectly or indirectly promoting commercial inter-
a.m.the following morning,unless the city autho- ests through sales, rentals or any exchange of
rizes different park hours. The use of any parks value.
during closed hours by an individual or organiza- (Ord. No. 26-2003, § 2, 9-2-03)
cre tion shall be expressly prohibited. Any person
who knowingly violates any provision of this
section shall,upon conviction,be punished accord- Secs. 54-5-54-25. Reserved.
ing to law and shall be subject to a fine not
exceeding the sum of$500.00 or imprisonment in ARTICLE II. RECREATION BOARD*
the county jail for a period not exceeding 60 days,
or both such fine and imprisonment.
(Ord. No. 10-96, § 1, 6-18-96; Ord. No. 21-2004, Sec. 54-26. Established.
§ 2, 11-16-04)
There is created a recreation board to consist of
seven members.
Sec. 54-3. Open fires restricted. (Code 1981, § 255.01; Ord. No. 53-93, § 1, 1-4-94;
Ord. No. 12-2003, § 6, 7-1-03)
No person shall ignite or participate in igniting
an open fire in, on or over the beaches or public
parks within the City of Cape Canaveral includ- Sec. 54-27. Reserved.
ing campfires and bonfires. Notwithstanding the Editor's note—Ord. No. 12-2003, § 6, deleted § 54-27,
foregoing, lighting a fire for the purpose of cook- which pertained to vacation of office.
ing is permitted provided such fire is contained
wholly within a container or device manufactured Sec. 54-28. Duties.
for cooking purposes and approved by the city's
fire chief or his designee. The recreation board shall advise the council
(Ord. No. 01-2003, § 3, 1-21-03) on matters pertaining to public parks and recre-
ation and shall serve in such other similar mat-
Sec. 54-4. Commercial solicitation. ters as the council may direct.
(Code 1981, § 255.02)
No person shall solicit,canvass or merchandise
for the sale or rental of merchandise, services, *Cross reference—Boards,committees,commissions,§2-
171 et seq.
Supp.No. 14 CD54:3
§54-29 CAPE CANAVERAL CODE
Sec. 54-29. Indebtedness. words in the plural number include the singular
number, and the words in the singular number
The recreation board shall not incur any debts include the plural number. The word "shall" is
or enter into any contracts or obligations which always mandatory and not merely directory.
would be enforceable against the city,unless prior (Ord. No. 14-95, § 1, 8-15-95; Ord. No. 22-2003,
approval has been obtained from the city council. § 2, 9-2-03)
(Code 1981, § 251.05)
Secs. 54-30-54-45. Reserved. Sec. 54-48. Area of enforcement.
The area of enforcement of the provision of this
ARTICLE III. VESSEL CONTROL AND article shall be the Atlantic Ocean and Banana
WATER SAFETY River located within Cape Canaveral, Florida.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-46. Purpose and findings.
(a) The purpose of this article shall be to Sec. 54-49. Means of enforcement.
promote safety in and between boating, swim-
ming and other water related activities in the city. The provision of this article shall be enforced
by members of all duly authorized law enforce-
(b) The city does hereby declare that the public ment agencies within the city.
health, safety and welfare of the citizens of the (Ord. No. 14-95, § 1, 8-15-95)
city and others requires designation of specific
areas within which the operation of vessels may
be regulated or prohibited. Sec. 54-50. Careful and prudent operation
(Ord. No. 14-95, § 1, 8-15-95)
required.
Sec. 54-47. Definitions. Every person operating any vessel in or under
any waters within the area of enforcement as set
For the purposes of this article, the following forth above shall do so in a careful and prudent
terms, phrases,words and derivations shall have manner, taking into consideration the weather
the meaning given herein: conditions and range of visibility, water turbu-
lence,proximities to fishermen,bathers,waterski-
Bather means any person who is in the same ers,divers and other boats and watercraft,and all
body of water as a vessel,whether such person is other attendant circumstances so as not to endan-
swimming,wading or engaged in any other actio- ger the life, limb or property of any person.
ity in the water. Failure to operate a vessel in such a careful and
Idle speed means the lowest speed at which a prudent manner shall constitute careless boating
vessel can operate and maintain steering control. in violation of this article.
(Ord. No. 14-95, § 1, 8-15-95)
Operate means to navigate or otherwise use
any vessel in or on the water.
Sec. 54-51. Speed not to be greater than what
Person means any individual,partnership,firm, is reasonable under the condi-
corporation, association or other entity. tions.
Vessel means every description of watercraft Nothing contained in this article shall be con-
and airboat used or capable of being used as a strued to authorize or approve any speed greater
means of transportation or recreation on the
water.As used in this article,the terms"boat"and than is reasonable and proper in consideration of
"watercraft" are synonymous with "vessel." local conditions, other water traffic, fishermen,
waterskiers or bathers in the area, or other haz-
When not inconsistent with the context, words ards.
used in the present tense include the future, (Ord. No. 14-95, § 1, 8-15-95)
"404100)
Supp.No. 14 CD54:4
(111.0e' PARKS AND RECREATION §54-55
Sec. 54-52. Designation of areas of regu- onment in the county jail for a period of not
lated water activities. exceeding 60 days, or both such fine and impris-
All waters within 300 feet offshore from all (Ord.onment.
beaches and shorefront bathing areas or shoreline (Ord. No. 14-95, § 1, 8-15-95)
of the Banana River,whether or not so designated
with appropriate signs are hereby designated as
areas of regulated water activities.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-53. Procedure for designating addi-
tional areas of regulated water
activities.
By ordinance, the city council may designate
additional specific areas as an "area of regulated
water activities" as described in section 54-52. In
designating such areas,the city council shall hear
all testimony presented and make a finding that
the designation is necessary for the safety and/or
welfare of the citizens of the city. Upon the adop-
tion of such an ordinance, the city shall publish
the ordinance one time in a newspaper of general
circulation in the county after which the designa-
tion of the area shall be complete and binding.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-54. Exemptions.
(a) The provisions of this article shall not be
construed to prohibit the running of racing or
exhibition boats during a publicly announced,
properly authorized by the appropriate govern-
mental body,supervised and adequately patrolled
regatta or speed trial or exhibitions.
(b) Florida Marine Patrol rescue craft, Coast
Guard rescue craft,the county sheriff patrol craft
and craft operating under emergency conditions
shall be exempted from the provisions of this
article while performing their official duties or
operating in an emergency.
(Ord. No. 14-95, § 1, 8-15-95)
Sec. 54-55. Penalties.
Any person who knowingly violates any provi-
sion of this article, including refusal to allow a
law enforcement officer to make an inspection
under this article, shall, upon conviction, be pun-
ished according to law and shall be subject to a
fine not exceeding the sum of$500.00 or impris-
Supp.No. 14 CD54:5
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(Moe SOLID WASTE §62-1
Sec. 62-1. Definitions. aged. The term does not include human remains
that are disposed of by persons licensed under
The following words, terms and phrases,when F.S. ch. 470.
used in this chapter, shall have the meanings
ascribed to them in this section,except where the Individual container means a plastic or galva-
context clearly indicates a different meaning: nized metal can,of a type which is commonly sold
as a garbage can, which does not exceed 32
Approved container means industrial contain- gallons capacity or 50 pounds in weight when full,
ers and containers provided by any customer of unless and until an automated cart program is
the city solid waste removal service and accept- implemented by the city.Each such can shall have
able to the city. two handles upon the sides of the can or a bail by
which it may be lifted by a person and shall have
Bulk container means a 55-gallon drum sup- a tight-fitting top and shall also mean disposal
plied by the city for temporary storage of solid plastic or paper bags (with or without sack hold-
waste at street and beach locations and other city ers and not less than one mm thick) of a type
recreational facilities. which is acceptable to be used for refuse storage
Business means and includes all retail, profes- and disposal .
sional,wholesale and industrial facilities and any Industrial means establishments generating
other commercial enterprises offering goods or solid waste accumulation of metal, metal prod-
services to the public. ucts, minerals, chemicals, rock, cement, asphalt,
tar, oil, grease, glass, crockery, rubber, tires, bot-
Collector means any person or entity autho-
rized by the city to collect and remove solid waste. tles, cans, lumber, sawdust, wastes from animal
packing or slaughterhouses or materials usually
(lareCommercial means and includes all retail,pro- created by industrial enterprises.
fessional and wholesale facilities, but shall not Industrial container means a two cubic yard or
include industrial facilities. larger container which can be emptied by mechan-
Containerized business means and includes any ical means.
business,multi-family dwelling or other structure Multiple dwelling means and includes any build-
whose solid waste is deposited in an approved ing or structure containing four or more contigu-
container for removal by the collector. ous living units and intended exclusively for res-
idential use by single persons or families.
Designated facility means a disposal process-
ing, recovery, recycling or transfer facility desig- Recoverable materials means metal,paper,glass,
nated by the city manager, or the city manager's plastic, textile, or rubber materials that have
designee. known recycling potential, can be feasibly recy-
cled, and have been diverted and source sepa-
Duplex means and includes a detached two- rated or have been removed from the solid waste
family dwelling designed or intended for occu- stream for sale, use, or reuse as raw materials,
pancy by two families. whether or not the materials require subsequent
Processing or separation from each other,but does
Hazardous waste means solid waste, or a corn-
not of solid wastes, which because of its not include materials destined for any use that
quantity, concentration, or physical, chemical, or constitutes disposal. Recovered materials as de-
infectious characteristics, may cause, or signifi-
cantlyscribed above are not solid waste.
contribute to, an increase in mortality or Recyclable material means newspapers(includ-
an increase in serious irreversible or incapacitat- ing inserts), aluminum cans, plastic containers
ing reversible illness or may pose a substantial (HDPE and PET), brown, clear and green glass
present or potential hazard to human health or bottles and jars, and other solid waste materials
(hlisre the environment when improperly transported, added upon written agreement between the city
disposed of, stored, treated, or otherwise man- and the collector,when such materials have been
Supp.No. 14 CD62:3
§62-1 CAPE CANAVERAL CODE
`00011)
either diverted from the remaining solid waste Sec. 62-3. Authority of city to collect.
stream or removed prior to their entry into the Nothing contained in this chapter shall be
remaining solid waste stream. construed to prevent the city from creating or
Single-family residence means and includes a acting as its own solid waste collection or disposal
detached single-family dwelling designed or in- service or facility, either independently, exclu-
tended for occupancy by one person or by one sively or in conjunction with others.
family. (Code 1981, § 673.12; Ord. No. 8-93, § 1(673.13),
4-20-93)
Solid waste means bulk trash, refuse, vegeta-
tive waste, and recyclable materials or any com- Sec. 62-4. Ownership by city.
bination thereof.
Ownership of solid waste set out for collection
Special container means any container pro- shall be vested in the city. It shall be unlawful for
vided by the city to segregate and collect any type any person other than the authorized collector to
of solid waste. disturb, scatter, spread out, or remove any solid
Special waste means solid waste that requires waste set out for collection. Law enforcement
special handling and management by the collet agencies and their personnel when within the
tor, and which is not accepted at the designated scope of their employment are exempt from the
facility or other disposal facility or which is provisions of this section.
ac-
cepted at the designated facility or other disposal Nothing in this section shall be construed as
facility at higher rates than are charged for refuse, prohibiting commercial establishments that gen-
including,but not limited to,asbestos,whole tires erate recoverable materials from selling or other-
which do not constitute household trash,used oil, wise conveying their recoverable material to any
lead-acid batteries, and biohazardous wastes. properly certified recovered materials dealer which
satisfies the conditions provided in F.S.§403.7046.
Triplex means and includes a detached three- (Code 1981, § 673.095; Ord.No. 8-93, § 1(673.09),
family dwelling designed or intended for occu- 4-20-93; Ord. No. 23-2003, § 2, 9-2-03)
pancy by three families.
Vegetative waste means any vegetative matter Sec. 62-5. Schedule of fees.
resulting from routine and normal yard and land- (a) Owners of any residential unit or commer-
scaping maintenance generated on site and shall cial building within the city shall pay solid waste
include materials such as tree and shrub materi- fees as established by the city council. The sched-
als,grass clippings,palm fronds,Christmas trees, ule of fees is contained in appendix B to this Code
tree branches and similar vegetative matter usu- and is subject to revision from time to time as may
ally produced in the care of lawns, landscaping be necessary. All revisions shall be done by reso-
and yards. lution.
(Code 1981, § 673.01; Ord. No. 8-93, § 1(673.01),
4-20-93; Ord. No. 23-2003, § 2, 9-2-03; Ord. No. (b) Failure of users to pay fees within 30 days
22-2004, § 2, 11-16-04) of the billing date shall be a violation of this
Cross reference—Definitions and rules of construction chapter. In addition, the city shall have the right
generally,§ 1-2. to seek enforcement and collection of the overdue
fee through civil proceedings in a court of compe-
Sec. 62-2. Penalties. tent jurisdiction,including a reasonable attorney's
fee and costs, if such civil action is necessary.
Any person who violates any provision of this
chapter, upon conviction in a court of competent (c) All fees becoming due and payable on or
jurisdiction, shall be punished as provided in after the effective date of the ordinance from
section 1-15. which this chapter is derived shall constitute and
(Code 1981, § 673.10; Ord. No. 8-93, § 1(673.10), are imposed as a special assessment lien against
4-20-93) the real property served by the city solid waste
Supp.No. 14 CD62:4
Lire SOLID WASTE §62-9
collection service, and until fully paid and dis- went with[in] the city are required to provide at
charged shall remain liens equal in dignity with least one container to hold four days' accumula-
the city's ad valorem taxes, and superior in rank tion of solid waste. Sunken containers are specif-
and dignity to all liens, encumbrances, titles and ically prohibited.
claims in,to or against the real property involved.
Such fees shall become delinquent if not fully paid (b) In lieu of individual containers, an indus-
within 30 days after the due date.All delinquent trial container or containers may be used as
service charges shall bear a late charge of ten provided in this chapter. Such container shall be
percent of such fees due. Unpaid delinquent ser- provided by the collector and the city manager
vice charges, together with all late charges and shall first determine whether or not an industrial
fees imposed thereon,shall remain and constitute container shall be provided to any owner, user,
special assessment liens against the real property manager or occupant so requesting an industrial
involved. container.Multiple-dwelling units containing less
(d) Each condominium association within the than ten units may be provided an industrial
city will be responsible for the monthly condomin- container at the discretion of the city manager.All
ium solid waste fee provided for in this chapter. commercial establishments(establishments other
than professional offices or other offices) shall be
(Code 1981, § 673.11; Ord. No. 8-93, § 1(673.11), required to have industrial containers at the
4-20-93) discretion of the city manager. Single-family res-
idences, duplexes and triplexes shall not be per-
Sec. 62-6. Complaint procedure. mitted to use industrial containers.
The collector of solid waste is obligated to
promptly respond to all complaints concerning (c) It shall be the duty of the owner, manager,
coo, the quality or absence of collection service. All tenant or occupant of any multiple-dwelling unit
complaints with regard to refuse and trash collec- to furnish or see that each unit with cooking
tion service directed by this chapter shall be made facilities of said multiple dwelling is furnished or
to the city, and subsequently directed to the supplied with an individual container or contain-
collector by the city manager. ers or industrial container or containers adequate
(Code 1981, § 673.09; Ord. No. 8-93, § 1(673.07), and sufficient in size to comply with the terms of
4-20-93) this chapter.All such solid waste containers shall
be kept tightly covered at all times except when it
Sec. 62-7. Transporting. is necessary to lift the cover for disposal or re-
moval of solid waste or to deposit solid waste
Unless a person shall have been specifically therein. It shall be unlawful for any person to
authorized and licensed by resolution of the city deposit solid waste in such amount in the individ-
council to do so, it shall be unlawful for any ual containers or industrial containers that will
person to transport solid waste through or over not permit the cover thereof to be kept tightly in
the public streets or alleys of the city, except as place
otherwise provided in section 62-11(d). This pro- (Code 1981, § 673.02; Ord. No. 8-93, § 1(673.02),
vision shall be liberally construed to protect the 4-20-93)
public health, safety and general welfare of the
inhabitants of the city.
(Code 1981, § 673.08; Ord. No. 8-93, § 1(673.06), Sec. 62-9. Residential solid waste pickup
4-20-93) conditions.
Sec. 62-8. Containers required. (a) Separation of solid waste. Each individual
container shall contain solid waste, excluding
(a) All owners, residents and all occupants of yard trash, recyclable or recoverable materials,
any residential unit and the owner,user,manager which shall be wrapped or inserted into individ-
L or occupants of any multiple-dwelling unit, or of ual containers in a plastic or paper bag before
any place or business or commercial establish- being inserted into individual containers.
Supp.No. 14 CD62:5
§62-9 CAPE CANAVERAL CODE
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(b) Recyclable or recoverable material.Recycla- tainers within five feet of curbside in front of such
ble or recoverable materials shall be placed in residential unit. Solid waste shall e removed by
special containers provided by the city, except in the collector according to schedules that the city
the case of a commercial establishment which has from time to time shall publish.
contracted with a properly certified recovered
materials dealer, as provided above in section (f) Location of solid waste containers. Solid
62-4 of the City Code. Only recyclable or recover- waste containers shall not be located in such
able materials may be contained in the special places or under such conditions as to cause un-
containers. Special containers shall be provided necessary or unreasonable offense to sightliness,
for each single-family residence, duplex and tri- cleanliness, safety or other sanitary conditions.
plex and shall be placed by each owner, resident Solid waste containers shall not be kept upon
or occupant at curbside in front of such residen- neighboring property, whether such neighboring
tial unit. Multiple dwelling units shall be pro- property be vacant or improved,without the writ-
vided special containers for use by all occupants ten consent of the person having the right to
of such unit which shall be located at the discre- possession and use of the neighboring property.
tion of the city manager. No solid waste, other No solid waste container shall be placed on any
than recyclable or recoverable materials, shall be city right-of-way, except for immediate pickup,
placed in a special container. Recoverable items unless authorized in writing by the city manager
made of glass shall not be placed in special in advance. Industrial containers shall not be
containers in a broken condition and shall not be placed in such manner as to hinder the closing of
broken in special containers. container lids.
(Ord. No. 8-93, § 1(673.03), 4-20-93; Ord. No.
(c) Vegetative waste. Vegetative waste must be 23-2003, § 2, 9-2-03; Ord. No. 33-2003, § 2, 10-7-
placed in a reusable container which shall not 03; Ord. No. 22-2004, § 2, 11-16-04)
include any paper or plastic bag, unless such bag
is a specialized vegetative waste bag approved by Sec. 62-10. Proper disposal prerequisite to
the designated facility.Vegetative waste shall not collection.
be commingled with any other solid waste or
recyclable or recoverable material. Limbs shall No removal or collection of solid waste shall be
not exceed four feet in length and shall not weigh required by the collector from any premises within
in excess of 50 pounds. Limbs should be stacked the city, unless the solid waste is deposited in
in a uniform direction, and may be bundled by proper containers.
securing with rope, string, twine, cord or tape. (Ord. No. 8-93, § 1(673.04), 4-20-93; Ord. No.
Containers for vegetative waste shall be provided 33-2003, § 2, 10-7-03)
by the owner, resident, or occupant of any resi-
dential unit. Sec. 62-11. Unlawful acts.
(d) Solid waste. Solid waste other than yard (a) Obstruction. It shall be unlawful for any
trash and recyclable or recoverable materials person to park a motor vehicle in such a way that
shall be placed in individual containers. Each the collector cannot service industrial containers
individual container shall not exceed 50 pounds of or otherwise to block access to such containers.
solid waste. Any item of solid waste shall not
exceed the measurement of four feet in any direc- (b) Container of another. It shall be unlawful
tion. Containers for solid waste shall be provided for a person to place solid waste in a container
by the owner,resident or occupant of any residen- assigned to another address,without written per-
tial unit. Recyclable materials and yard trash mission of the owner.
shall not be commingled with other solid waste.
(c) Burning or burying of solid waste. It shall
(e) Pickup. Each owner,resident and occupant be unlawful for any person to bury solid waste
of any single-family residence, duplex, or triplex within the city. No such solid waste shall be
shall place individual containers and special con- burned within the corporate limits of the city.
Supp.No. 14 CD62:6
LINie SOLID WASTE §62-12
(d) Unlawful accumulation. It shall be unlaw- (c) The fees and charges for recycling services
ful for the owner, resident, occupant or manager are set forth in appendix B to this Code.
or person responsible for any land or premises to (Ord. No. 22-2004, § 2, 11-16-04)
permit, suffer or allow, either by commission or
omission, any accumulation of solid waste upon
premises or property within the city for a period
longer than four days without having arranged
for disposal of the accumulation by the collector to
perform such services and it shall be unlawful
and a violation of this chapter for any person,
whether owner, resident, manager or occupant of
any premises to fail to provide a sufficient num-
ber of solid waste containers per unit as provided
in this chapter to amply provide for any four-day
period of solid waste accumulation. Nothing con-
tained in this section shall prevent the owner or
occupant, resident, manager or person responsi-
ble for the premises to remove accumulations of
solid waste on their own behalf, to a proper place
of disposal.
(e) Unlawful disposal. It shall be unlawful to
deposit or dispose of solid waste upon the pre-
mises of another, or upon any street, alley, park-
way, or other public property, or any canal, ditch,
water,waterway,river,ocean,beach,pool,pond or
the like within the city or in the container of
another,except that tenants of multiple dwellings
or businesses, where authorized, may deposit
such accumulations in containers which the owner
or manager of the multiple dwelling or business
building has authorized for the use of the tenants
thereof.
(f) Hazardous waste. It shall be unlawful for
any person to deposit or dispose of any hazardous
waste in individual or industrial containers from
which the collector removes solid wastes for the
city.
(Ord. No. 8-93, § 1(673.05), 4-20-93; Ord. No.
23-2003, § 2, 9-2-03; Ord. No. 33-2003, § 2, 10-7-
03)
Sec. 62-12. Regulations on file.
(a) The recycling regulations in effect in the
city are on file in the city clerk's office.
(b) The solid waste franchise agreement is set
forth in appendix A to this Code.
Supp.No. 14 CD62:7
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Chapter 102
VEGETATION*
Article I. In General
Secs. 102-1-102-25. Reserved.
Article II. 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;limited residential dwell-
ing exemption.
Sec. 102-38. Enforcement and penalties.
Sec. 102-39. Permits.
Sec. 102-40. Permit criteria;exemptions;standards of review.
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.
(Ire' *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. 14 CD102:1
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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),
used in this division, shall have the meanings laguncularia racemosa (white mangrove) or
ascribed to them in this section, except where the rhizophora mangle (red mangrove).
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
city and his or her designee. in but not limited to those in section 102-52.
Caliper. Measurement of a tree 12 inches from Person includes any individual, firm, corpora-
tion, partnership,joint venture association, prin-
cipal,
soil level. 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. 14 CD102:3
§ 102-36 CAPE CANAVERAL CODE
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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, air pollution and noise, and to make the city
went credit offered to a person for replacing trees a healthier, more attractive and safer place in
removed or destroyed in accordance with this which to live.
division with preferred plant material. The tree
replacement credit shall be established by the city (e) Three or less residential dwelling unit ex-
council and set forth in section 102-54. emption. Upon receipt of a completed application,
the building official shall issue a land-clearing
Undesirable species means any of the species
identified in section 102-53. permit for any land on which there contains or
will contain three or less residential dwelling
Understory means an underlying layer of low units regardless of the requirements set forth in
native vegetation usually associated with trees. section 102-40. However, such permit shall not
Vegetation means any plant material,including authorize the removal of any specimen tree.Spec-
but not limited to trees, shrubs,vines, herbs and imen trees may only be removed pursuant to the
grasses. requirements set forth in section 102-41. Land
Viable means having the capacity to live and that contains or will contain three or less residen-
develop. tial dwelling units shall be exempt from the tree
replacement guidelines set forth in section 102-
(Ord. No. 05-2005, § 2, 4-19-05) 43.
Sec. 102-37. Title; applicability; intent and (Ord. No. 05-2005, § 2, 4-19-05)
purpose; limited residential
dwelling exemption. Sec. 102-38. Enforcement and penalties.
(a) Title. This division may be cited and re- (a) Enforcement. The city may enforce the pro-
ferred to as the "City of Cape Canaveral Tree visions of this division by any lawful means
Preservation and Landscaping Code." including, but not limited to, issuing a civil cita-
Supp.No. 14 CD102:4
VEGETATION § 102-39
tion, bringing charges before the city's code en- Sec. 102-39. Permits.
forcement board or special master, and seeking
injunctive and equitable relief. For purposes of (a) Permit required. No person shall engage in
determining the penalties provided under this tree removal or engage in land clearing within the
division, the removal or death of a tree in viola- city without obtaining a land clearing permit
tions of this division shall be deemed irreparable required by this division and issued by the build-
or irreversible. Further, each day a violation con- ing official. If a property owner has retained a
tinues shall constitute a separate violation. It contractor to perform the tree removal or land
shall also be a separate violation of this division clearing, the contractor shall be responsible for
for each tree removed without a permit. obtaining the permit required by this division
prior to the tree removal or land clearing.
(b) Penalties. In addition to all other remedies
set forth in this division, one or more of the (b) Application required. An application for
following civil fines shall apply to violations of tree removal and land clearing shall be filed on an
this division: official form provided by the building official.The
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. Fine of$250.00 per tree or except that no fee shall be required for the re-
$500.00 per specimen tree removed,not to moval of trees that are dead,diseased,suffer from
exceed $5,000.00, plus $250.00 per 100 severe structural defects,pose a clear and obvious
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:
(1) Legal description of the property, includ-
(4) Failure to abide by a cease and desist ing street address.
order issued under this division. Fine of
$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 (4) Date upon which land clearing
for repeat occurrences. P is to com-
mence.
(c) Cease and desist orders. The building offi- (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-
L pursuant to section 102-48. entific name, and the diameter of
(Ord. No. 05 2005, § 2, 4-19-05) each tree.
Supp.No. 14 CD102:5
§102-39 CAPE CANAVERAL CODE
c. An indication of all trees proposed (c) Time for application. Applications for land
for removal and proposed to be re- clearing permits shall be made prior to tree re-
tained. moval or land clearing, except that if the tree
removal or land clearing is part of a proposed
d. The location of existing and pro- development project that requires site plan or
posed improvements, if any, includ- subdivision approval, the application shall be
ing buildings, structures, impervi- submitted at the time the site plan or subdivision
ous surfaces (e.g. pool decks, drives, application is submitted so that due consideration
parking areas), stormwater reten- maybe 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
must be removed in order to accom- (d) Approved site plans, permits, and develop-
modate the construction of the im ment agreements. All permits issued by the build-
provements. ing official under this division shall be required to
be consistent, and not in conflict,with any plans,
Upon request by the applicant, the permits, or development agreements approved by
building official or appropriate re- the city council or other appropriate board. All
view board may permit an applicant permits or portions thereof issued by the building
to omit certain portions of the tree official in conflict with any such approval shall be
inventory where compliance with the deemed null and void and the approval of the city
requirements set forth herein would council or appropriate board shall remain in full
be unnecessarily burdensome and force and effect.
the exempted portions are not needed
for the city to evaluate the applica- (e) Survey permit. A survey permit may be
tion. issued by the building official for the limited
(7) A replacement plan in accordance with purpose of allowing land clearing and tree re-
division indicating the means for compen- moval for surveys and soil or engineering testing
sating for the tree(s)to be removed includ- according to the following:
ing the species and size of any replace (1) Tree removal and land clearing for sur-
ment trees. veying shall be subject to the land clear-
(8) If grade changes are proposed on the site, ing and tree removal requirements of this
a grading plan drawn to scale shall be division. The land clearing area for sur-
provided.In addition,a written statement veying shall not be greater than five feet
shall be provided by a landscape architect in width or shall not be greater than eight
or other competent professional indicat- feet in width with a reasonable turn-
ing the probability of whether the grade around for soil and engineering testing.
change will result in the death of trees The owner of the property proposed to be
intended to be preserved. Said statement cleared or his authorized agent shall sub-
shall immediately be brought to the atten- mit a survey permit application to the
tion of the building official at the time the building official,on such form as provided
application is filed and prominently at- by the city.The survey permit shall expire
tached to the front of the application. after 30 days from the date of issuance.
The building official may grant an admin-
(9) A protection plan describing how pre- istrative waiver for an additional 30 days
served trees shall be preserved on the site for hardship, including adverse weather,
and adjacent properties during construe- size of property and inability to obtain
tion, tree removal, and grading. permits from other agencies.
Supp.No. 14 CD102:6
VEGETATION § 102-40
(2) When a written survey permit has been the standards of review set forth in subsection(c),
issued,the applicant shall post the survey issue a land clearing permit under any one of the
permit on the affected property in such a following conditions:
manner as to be visible from an abutting
road right-of-way.The survey permit shall (1) For building and construction sites, as
remain posted on the affected property shown on city-approved site plans, pro-
during all applicable land clearing actio- vided trees and landscaping are installed
ity.It is the responsibility of the applicant on the property in accordance with sec-
to maintain the survey permit form in a tion 102-43 of this division.
clearly visible manner at all times. (2) The trunk of the tree is located closer
(f) Permit contents. The land clearing or sur- than five feet to the foundation of an
vey permit, when issued, shall specifically iden- existing or proposed structure, and it is
tify which land areas may be cleared and which not feasible to relocate the structure,pro
trees shall be permitted to be removed. The per- vided trees and landscaping are installed
mit merely authorizes the removal of the trees on the property in accordance with sec-
specified therein.Nothing in this division shall be tion 102-43 of this division.
construed to require the removal of such trees by (3) The trunk of the tree is located closer
the permittee. than ten feet from the foundation of an
(g) Duration of land clearing permit. A land existing or proposed structure and the
clearing permit shall expire 90 days from the date tree is considered having an aggressive
of issuance for single-family projects and 180 days root system or the natural mature height
for subdivisions, multifamily, commercial and in- is greater than 30 feet and it is not feasi-
dustrial projects. Two extensions of 30 days each ble to relocate the structure, provided
may be authorized by the building official, pro- trees and landscaping are installed on the
vided appropriate justification warrants, such as property in accordance with section 102-43
unusual weather, seasonal situations or inability of this division.
to obtain permits from other agencies. Trees not (4) Trees severely diseased, severely injured
removed during the life of the permit may not be or dead.
removed without the issuance of a new permit
based upon a new application. (5) Trees that interfere with the construction
or repair of public infrastructure and fa-
(h) Posting of land clearing permit. When a cilities.
written land clearing permit has been issued, the
applicant shall post the land clearing permit on (6) Undesirable trees, per section 102-53 of
the affected property in such a manner as to be this division.
visible from an abutting road right-of-way. The (7) Trees that have been approved for re-
land clearing permit shall remain posted on the moval by the building official and which
affected property during all applicable land clear- shall be replaced elsewhere on the grop-
ing activity and until final inspection by the city. erty.
It is the responsibility of the applicant to main-
tain the land clearing permit in a clearly visible (b) Permit exceptions. The following tree re-
manner at all times. moval activities are exempt from the permit re-
(Ord. No. 05-2005, § 2, 4-19-05) quirements of this division:
Sec. 102-40. Permit criteria; exemptions; (1) Trees removed by the city or other govern-
standards of review mental agency and which interfere with
the safety of the motoring public or dis-
(a) Permitted criteria. Upon receipt of a corn- rupt public utilities such as power lines,
croe pleted application and verification by the building drainage systems and other public utili-
official, the building official may, after applying ties.
Supp.No. 14 CD102:7
§ 102-40 CAPE CANAVERAL CODE
(2) All trees and plants, within a licensed fects that pose a clear and obvious safety
tree nursery,planted for harvest provided hazard to people, buildings or other im-
said trees and plants are planted and provements on lot or parcel of land.
growing on the premises of the licensee (4) The extent to which tree removal is likely
and are for sale or intended for sale in to result in damage to the property of
their ordinary course of business. other owners, public or private, including
(3) The emergency removal of a dead or seri- damage to lakes,ponds,streams,or rivers
ously damaged tree,to mitigate an immi- through runoff or erosion.
nent threat to the health, safety, and (5) Any proposed landscaping including plans
welfare of the property owner or the gen- whereby the applicant has planted or will
eral public. plant trees to replace those that are pro-
(4) Land clearing and tree removal activities
posed to be cleared.
authorized and preempted by state or (6) Topography of the land and the effect of
federal law. tree removal on erosion, soil retention
and the diversion or increased flow of
(5) Trees planted specifically for silvicultural surface water.
purposes provided the property owner can
provide documentation to the city evidenc- (7) Good forestry practices, such as the num-
ing that: (i)the property is requested as a ber of healthy trees that a given parcel of
silvicultural site with the division of for- land will reasonably support and the
estry; and(ii)trees of typical harvestable proven techniques that sustain healthy
size and type exist on the property which trees.
are capable of being harvested for income (8) Necessity to remove trees in order to
and that the property has, or intends to, construct approved and permitted improve
generate income from the harvested trees. ments to allow reasonable economic enjoy-
(c) Permitted standards of review. When mak-
ingment of the property, including:
decisions under this division,the city shall be a. Need for access around the proposed
guided by the following standard of review guide- structure for construction equip-
lines: ment (maximum of ten feet).
b. Need for access to the building site
(1) Necessity to remove trees which pose a for construction equipment.
clear and obvious safety hazard to pedes-
trian or vehicular traffic or threaten to c. Essential grade changes.
cause disruption to public services or a d. Need for locating street or road rights-
significant obstacle to accessing and uti- of-way, utilities, drainage ways, as
lizing public easements and rights-of-way. well as the need to provide reason-
(2) Necessity to remove trees which pose a able use and property access.
clear and obvious safety hazard to build- (9) The extent of any damage or demon-
ings and other improvements on a lot or strated hardship which would result to
parcel of land. Ordinary small cracks or the applicant from a denial of the re-
uplifts in pavement,sidewalks,and nonoc- quested permit.
cupied structures that are typically caused
by settling and small roots shall not be (10) The species and size of the trees proposed
considered a safety hazard. for removal.
(3) Necessity to remove diseased trees or trees (11) The following factors shall also be consid-
weakened by age, storm, fire or other ered:
injury or trees with severe structural de- a. Trees forming the current canopy.
Supp.No. 14 CD 102:8
Lise VEGETATION § 102-43
b. Preservation of the next generation tive fences and walls, trellises, lighting,
of trees. etc.),and planting premium A-grade plant
(Ord. No. 05-2005, § 2, 4-19-05) materials and trees on public property.
(c) The waiver is compatible with the sur-
Sec. 102-41. Specimen trees. rounding area and the minimum waiver
required to serve the public purpose stated
Notwithstanding any other provision of this herein.
division, specimen trees shall not be removed
except for extraordinary circumstances and hard- (d) No waiver shall be granted which changes
ships and only by final permit approved by the the list of permitted, conditional, special
city council. As a condition of removal of any exception, or prohibited uses or height
specimen tree, the city council shall have the restrictions set forth in any zoning dis-
right to require that replacement trees be planted trict category
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
shall be based on a maximum of a two-to-one ratio (f) The waiver is not adverse to the public
of cumulative diameter (dbh) basis of specimen health, safety and welfare.
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.
‘11isoK
(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 recommenda- 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
copv,
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. 14 CD102:9
§ 102-43 CAPE CANAVERAL CODE
(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-
sion. a. All plant material shall be Florida
grades and standard one or better.
(4) Transplanting and maintenance require-
ments. All trees transplanted pursuant to b. For each tree located within a public
this division shall be maintained in a conservation area (excluding juris-
healthy, living condition. Any such trees dictional wetlands determined by the
which die shall be replaced and main- St.John's River Water Management
tained by the property owner.After accep- District or the U.S. Army Corp of
tance of the trees and landscaping by the Engineers,or as depicted on the map
city, the city shall retain jurisdiction for of existing wetlands in the city com-
two year to ensure compliance with this prehensive plan) dedicated to the
division. For new development projects city as part of a development project,
which require at least ten new trees, the three replacement tree credits may
city may require a performance bond in a be applied to the total number of
form acceptable to the city attorney, as a trees required to be replaced by this
condition of site plan or other permit division.However,the minimum tree
approval, in order to ensure compliance requirement set forth in section
with this subsection. 102-45 shall still apply. Such public
conservation area must be at least
(5) Waivers of replacement tree(s) specifica- one-third acre with widths not less
tions. The number of required replace- than 75 feet, unless otherwise ap-
ment trees may be waived by the city proved by the city council. In addi-
council,if the city council determines that tion, trees approved by the building
the remaining number of trees to be pre- official to reforest such conservation
served on site are of sufficient number area shall also be applied to the
and quality to substantially comply with replacement requirement on a one-
the purpose and intent of this division for-one basis.
and a tree replacement fee is paid to the
city's "tree bank," which is hereby estab- c. If the city council determines,due to
lished. Monies collected in the tree bank site conditions or configuration, it is
shall be used for enhancement and main- impossible or impracticable for the
tenance of trees on public lands. The applicant/developer to meet the re-
contribution to the tree bank may be quirements for tree replacement,un-
waived by the city council for individual der this subsection, the city council
homeowners, on a case-by-case basis, if may allow the applicant/developer to
the homeowner can demonstrate that the pay into the city's "tree bank" the
payment of the fee will cause the amount it would have spent on re-
homeowner an undue economic hardship. placement trees.
Substitute tree(s)allowed under this waiver
provision must have the approval of the d. Tree replacement credit shall be al-
city council. The value to be paid into the lowed for the installation of pre-
tree bank shall be: established by resolu- ferred trees in accordance with the
tion of the city council;set forth in table 1; provisions set forth in table 1 and
and based upon wholesale market value section 102-54. In addition, for new
of the trees being replaced, plus installa- development,tree replacement credit
tion and maintenance costs to establish shall be allowed for the preservation
the tree. of existing desirable trees on the
Supp.No. 14 CD102:10
Lief VEGETATION § 102-44
development site,excluding wetland (3) Control and elimination procedures shall
areas and existing conservation ar- in no way promote the proliferation of the
eas, as follows: species through the dispersal of seed or
other vegetatively reproducing parts.
DBH of Preserved Reduction in Re-
Tree placement Trees (4) Control and elimination procedures shall
4"up to,but not 1 credit in no way harm or cause the decline of
including,9" preserved or planted trees and landscap-
9"up to,but not 2 credits
including, 12" ing.
12"up to,but not 3 credits (Ord. No. 05-2005, § 2, 4-19-05)
including, 16"
16"upto,but not 4 credits
incluing,24" Sec. 102-44. Prohibitions.
Specimen and His- 0 credits
toric Trees (a) Placement of materials, machinery, or tern-
Notwithstanding the application of tree porary soil deposits. It shall be unlawful to place
replacement credits, the minimum num- material, machinery, or temporary soil deposits
ber of trees to be planted under section within the tree protection zone, before or during
102-45 shall apply unless the city council construction. Before or during construction the
approves an in lieu of tree bank contribu- builder shall erect and maintain suitable protec-
tion. tive barriers around all trees to be preserved.
e. Trees shall not be planted under Upon written request, the building official, on a
case-by-case basis, may allow material or tempo-
power lines. rary soil deposits to be stored within the protec-
f. Diversity of species shall be required tive barrier if no other storage is available.
for replacement trees and the num-
ber of each species shall be approved (b) Climbing spurs. It shall be unlawful to use
by the city.To the extent feasible,the climbing spurs or other similar device to aid in
city should endeavor to require no the climbing of a live tree, where such device
more than 25 percent of the replace- causes the puncture or tears the bark of the tree.
ment trees from a single species.
(c) Tree spiking. It shall be unlawful to intro-
(c) Replacement cost. The property owner shall duce any type of poison or reactive material to a
be responsible for the cost of replacing the trees tree for the purpose of causing it to die or become
removed from their property. diseased.
(d) Elimination of undesirable trees and shrubs. (d) Structure and pavement location. It shall
The natural vegetative communities existing within be unlawful to place any permanent structure or
the city shall be protected by the control and impervious paving(except sidewalks)within eight-
elimination of invasive,nonnative species.To that foot radius of any tree trunk or stem having a
end, the following guidelines shall apply: 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
Looe issuance of a certificate of occupancy if at caliper, other than protective wires, braces or
applicable. other similar noninjurious materials.
Supp.No. 14 CD102:11
§ 102-44 CAPE CANAVERAL CODE
(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 or greater:not fewer than two
purposes.Excessive shearing,pruning or shaping trees.
shall only be allowed with a permit by demon-
strating necessity or without a permit in times of (b) Any new single-family, duplex, and tri-
emergency only.The following are deemed unlaw- plex dwelling unit on a lot equal to 6,000
ful excessive pruning techniques which are pro- square feet: not fewer than two trees plus
hibited on shade trees: one additional tree for each 4,000 square
feet or fraction thereof over 6,000 square
(1) Lions tailing. The improper practice of feet.
removing most secondary and tertiary (c) Any commercial, industrial, multifamily
branches from the interior portion of the or other structure requiring site plan ap-
canopy leaving most live foliage at the proval under the city land development
edge of the canopy. regulations: no fewer than six trees or
(2) Topping,hatracking,stag heading,dehorn- four trees per acre, whichever is greater.
ing, lopping, and rounding over. The im- (Ord. No. 05-2005, § 2, 4-19-05)
proper practice of reducing tree size by
making heading cuts through a stem more Sec. 102-46. Tree protection during develop-
than two years old; a pruning practice ment and construction; peri-
that destroys tree architecture and serves odic inspection.
to initiate discoloration and perhaps de- (a) Restrictions during construction. It shall be
cay in the cut stem. unlawful for any person, during the construction
(3) Pollarding. The pruning technique that of any structures or other improvements,to place
removes sprouts back to the same location solvents, petroleum products, paint or masonry
annually or biannually maintaining a tree materials, construction machinery or temporary
to a specific height. soil deposits within the dripline of any tree for
which a tree removal permit is required but has
(4) Shearing. A pruning technique which is not been obtained. This provision includes soil
typically accomplished with cuts made that is placed in the dripline permanently for the
Supp.No. 14 CD102:12
VEGETATION § 102-48
LI
purpose of a grade change, unless the grade is any tree within the city, except undesirable spe-
changed according to the guidelines described in cies which are prohibited. The provisions of this
the Florida Division of Forestry, Department of division govern only the planting of trees which
Agriculture and Consumer Services publication, are required to be planted or retained under this
Tree Protection Manual for Buildings and Devel- division. Trees or plants planted in the city's
opers. rights-of-way are subject to removal or trimming
(b) Burden of tree protection on property owner. by the city at any time.
It shall be the responsibility of a property owner (Ord. No. 05-2005, § 2, 4-19-05)
and their agents to ensure that any tree shown on
the tree inventory for which a tree removal per- Sec. 102-48. Waivers;incentive program;ad-
mit has not been obtained is to be protected. The ministrative interpretation ap-
property owner shall guarantee survival of re- peals; incentive program.
tained trees and replacement trees for two years
from the date that the city accepts the trees and (a) Waivers of division requirements. The city
landscaping, unless a greater time period is re- council may grant a waiver to provisions of this
quired by development agreement. If a retained division where the applicant demonstrates that
or replacement tree dies during that time period, the literal interpretation of the division will deny
the property owner shall replace the tree in the applicant reasonable use of the property or
accordance with a remedial action approved un- where such waiver can be demonstrated to be
der section 102-43 of this division.For new devel- consistent with the purpose and intent of the
opment projects, the city may require a perfor- division.
mance bond in a form acceptable to the city
Lioe attorney, as a condition of site plan or other (b) Administrative interpretation appeals. Any
permit approval, in order to ensure compliance person adversely affected by an administrative
with this subsection. interpretation of this division by the building
(c) Protective barriers and signage required. official may first appeal that interpretation to the
Protective barriers shall be installed prior to city manager by filing a written notice of appeal of
construction around every tree or group of trees to said interpretation within ten calendar days of
be preserved. Waterproof, rigid "Protection Zone said interpretation.The city manager shall decide
Area" signs, as shown on Appendix A: Tree Pro- said appeal within five business days.Any person
tection Area Signage and not smaller than two adversely affected by an administrative decision
feet by three feet shall be posted at 100-foot of the city manager under this division may
increments along the protective barriers. appeal that interpretation to the city council by
(d) Site inspections. The building official may filing a written notice of appeal of said interpre
conduct periodic inspections of the site. It is the tation within 30 calendar days of said interpreta-
responsibility of the property owner and their tion. Failure to file an appeal within the time
agents to ensure that all provisions of this divi- periods required by this subsection shall result in
sion are met. the administrative interpretation to be declared
final. The city council shall decide said appeal
(e) Adjacent properties. The property owner within 30 days of the city's receipt of said notice of
and their agents shall ensure that the tree pro- appeal and the city council's decision shall be
tection zones of trees located on adjacent proper- final. Except for the mandatory time periods
ties are protected in the same manner that trees required for the notice of appeal,the time periods
located on the development site are protected. required for a decision may be extended by mu-
(Ord. No. 05-2005, § 2, 4-19-05) tual agreement between the city and the person
Sec. 102-47. Voluntary tree planting. filing the notice of appeal. The appeal procedure
under this subsection shall be the exclusive method
This division shall not be interpreted to re- for appealing an administrative interpretation
strict, regulate or limit the voluntary planting of decision made under this division.
Supp.No. 14 CD102:13
§ 102-48 CAPE CANAVERAL CODE
J
(c) Incentive program. The city council re- ment projects or violations involving the unlawful
serves the right to offer and approve incentives removal of more than five trees, the city may
for purposes of protecting and preserving mature require a performance bond in a form acceptable
trees and planting enhanced landscaping. Such to the city attorney, as a condition of approving
incentives shall have a public benefit and may the restoration plan, in order to ensure compli-
include,but are not limited to,waiving provisions ance with this subsection.
of the city's land development and zoning code in (Ord. No. 05-2005, § 2, 4-19-05)
accordance with section 102-42 of this division
and providing credits to city development fees. Sec. 102-50. Open burning of natural cover.
Any incentives granted under this subsection
shall be consistent with the comprehensive plan Open burning of natural cover which is the
and shall be by development agreement or other result of land clearing is prohibited.
formal approval by the city council. (Ord. No. 05-2005, § 2, 4-19-05)
(Ord. No. 05-2005, § 2, 4-19-05)
Sec. 102-51. Rules and regulations and fees
Sec. 102-49. Remedial action. for implementing this division.
The city council may adopt,by resolution,such
(a) Violations require remedial action. Where administrative rules and regulations and fees
tree removal or land clearing violations of this that are necessary and proper to implement this
division have occurred, remedial action shall be division.
taken to restore the property consistent with a (Ord. No. 05-2005, § 2, 4-19-05)
restoration plan approved by the building official
or the city council if the violation is inconsistent Sec. 102-52. List of desirable species and
with plans, permits, or agreements approved by plants.
"'ie.)
the city council. The restoration plan shall re-
quire mitigation of any other damage to the (a) All trees and plants required to be installed
property, as well as tree replacements. The resto- under this division or elsewhere in the City Code
ration plan shall be in addition to any civil pen- shall be selected from the list of desirable species
alty imposed by the city under section 102-38 of and plants set forth in this section. The list of
this division. trees and plants in this section are intended to
provide the developer and homeowner a list of
(b) Tree replacement remediation requirements. appropriate native and suitable vegetation for
Each tree destroyed or receiving major damage in proposed landscaping plans. Native vegetation is
violation of this division must be replaced by considered ideal for landscaping since these plants
either a comparable size and desirable type of tree
have become adopted [adapted] to the county's
as listed within this division or providing a con- particular set of climatic conditions. The city
tribution to the tree bank equal to four times the council hereby finds that if native and other
contribution listed on table 1 or planting four desirable vegetation suitable for the city's cli-
preferred plants listed within section 102-54 be- matic condition are utilized in the form and size
fore issuance of a certificate of occupancy or context in which they naturally occur,a long-lived
certificate of completion. and maintenance-free landscape scheme will re-
(c) Property owner to guarantee survival of suit within the city.
replaced trees. The property owner shall guaran- (b) The key to codes used in the list is as
tee the survival of the trees required to be placed follows:
under subsection (b) above for a period of two
years from the date the city accepts the trees and (1) Community.
landscaping, unless a greater time period is re- (N) North Brevard County.
quired by development agreement. If the replace-
went tree dies, the tree shall be replaced in (C) Central Brevard County.
accordance with this section. For new develop- (S) South Brevard County.
Supp.No. 14 CD 102:14
VEGETATION § 102-52
Llie.
(B)Barrier Island. (S) Shrub.
(2) Form and size. (G) Ground cover.
(ST)small tree.Average mature height of (V) Vine.
at least ten feet and less than 20 (A)Aquatic.
feet. (3) Temperature.
(MT)medium tree.Average mature height (+) Cold tolerant.
of at least 20 feet and no greater (-) Cold intolerant. Although these spe-
than 60 feet. cies occur in the county, they are at
(LT) large tree. Average mature height the northern limit of their range and
over 60 feet. are suggested only for southern and
eastern Brevard County in protected
(P) Palm tree. areas.
NATIVE SPECIES
Cold
Botanical Name Common Name Community Tolerance
(ST) Small Tree
Acacia farnesiana Acacia tree N, C, S +
Ardisia escallonioides Marlberry C, S -
Bumelia tenax Tough buckthorn N, C, S, B +
ciere" Capparis cyanophallophora Jamaica caper B -
Capparis flexuosa Limber caper B -
Chrysobalanus icaco Coco plum S, B -
Citharexylum fructicosum Fiddlewood S, B -
Coccoluba uvitera Sea grape S, B -
Conocarpus erecta Buttonwood S, B -
Cornus foemina Swamp dogwood N, C, S +
Dodonea viscosa Varnish leaf B -
Drypetes laterifolia Guiana plum B -
Eugenia axillaris White stopper C, S, B -
Eugenia foetida Spanish stopper B -
Exothea paniculata Inkwood B -
Forestiera segregata Florida privet N, C, S, B +
Guapira discolor Blolly S, B -
Hamelia patens Firebrush S, B -
Krugiodendron ferreum Black ironwood S, B -
Laguncularia racemosa White mangrove S, B -
Myrclanthes fragrens Simpson stopper N, C, S, B +
Myrica cerefera Wax myrtle N, C, S, B +
Myrsine floridana Myrsine C, S, B -
Nectandra coriacea Lancewood C, S, B -
Quercus chapmanii Chapman oak N, C, S, B +
Quercus geminata Sand live oak N, C, S, B +
Quercus incana Blue jack oak N, C, S +
Quercus minima Dwarf live oak N, C, S, B +
(lhairre Rhus copallina Southern sumac N, C, S, B +
Supp.No. 14 CD102:15
§ 102-52 CAPE CANAVERAL CODE
....)
Cold
Botanical Name Common Name Community Tolerance
(MT) Medium Tree
Avicennia germinans Black mangrove N, C, S, B +
Bursera simaruba Gumbo limbo S, B —
Carpinus caroliniana Hornban/bluebeech N, C +
Carya floridana Scrub hickory N, C, S, B +
Carya glabra Pignut hickory N, C, S, B +
Celtis laevigata Sugarberry N, C, S +
Chrysophyllum oliveforme Satinleaf S, B —
Coccoloba diversifolia Pigeon plum S, B —
Diospyros virginiana Persimmon N, C, S, B +
Ficus aurea Strangler fig C, S, B —
Fraxinus caroliniana Water ash/pop ash N, C, S +
Gordonia lasianthsus Loblolly bay N, C, S +
Ilex cassine Dahoon N, C, S, B +
Ilex vomitoria Yaupon holly N, C, S +
Juniperus silicicola Southern red cedar N, C, S +
Magnolia virginiana Sweet bay N, C, S +
Mastichodendron foetidissimum Mastic tree B —
Moms rubra Red mulberry N, C, S +
Osmanthus americanus Wild olive N, C, S +
Persea borbonia Red bay N, C, S, B +
Pinus clausa Sand pine N, C, S + J
Prunus caroliniana C. cherry laurel N, C, S, B +
Quercus laevis Turkey oak N, C, S +
Rhizophora mangle Red mangrove C, S, B —
Ulmus americana American elm N, C, S +
Zanthoxylum clavaherculis Hercules club N, C, S, B +
(LT)Large Tree
Acer rubrum Southern red maple N, C, S +
Liquidambar styraciflua Sweet gum N, C, S +
Magnolia grandiflora Southern magnolia N, C, S, B +
Nyssa sylvatica Swamp black gum N, C, S +
Pinus ellottii Slash pine N, C, S, B +
Pinus palustris Longleaf pine N, C, S +
Quercus laurifolia Laurel oak N, C, S +
Quercus virginiana Live oak N, C, S, B +
Taxidium distichum Bald cypress N, C, S +
(P)Palm Tree
Paurotis wrighti Saw palmetto N, C, S +
Sabal palmetto Cabbage palm N, C, S, B +
(S) Shrub
Bacharis halimifolia Groundsel tree N, C, S, B +
Befaria racemosa Tar flower N, C, S +
Callicarpa americana Beauty berry N, C, S +
Supp.No. 14 CD102:16
VEGETATION § 102-52
Cold
Botanical Name Common Name Community Tolerance
Cephalanthus occidentalis Buttonbush N, C, S +
Croton punctatus Beach croton B -
Erytrina herbaceae Coral bean N, C, S, B +
Iva frutescens Marsh elder S -
Iva imbricata Marsh elder B -
Lantana involucrata Wild sage B -
Lycium carolinianum Christmas berry N, C, S, B +
Lyonia ferruginea Staggerbush N, C, S, B +
Lyonia fruticosa Staggerbush N, C, S, B +
Lyonia lucida Fetterbush N, C, S, B +
Psychotria nervosa Wild coffee C, S, B -
Psychotria sulzneri Wild coffee C, S, B -
Quercus myrtifolia Myrtle oak N, C, S, B +
Quercus pumila Running oak N, C, S, B +
Randia aculeata Randia C, S -
Rhapidophyllum Hystrix Needle palm N, C, S, B +
Sophora tomentosa Necklace pod S, B -
Vaccinium spp. Blueberry N, C, S, B +
Yucca aloifolia Spanish bayonet N, C, S, B +
Zanthoxylum fagara Wild lime S +
(111600' (G) Ground Cover
Acrostichum danaeafolium Leather fern N, C, S, B +
Aristida spp. Wiregrass N, C, S, B +
Borrichia frutescens Sea oxeye daisy N, C, S, B +
Ceratiola ericoides Rosemary N, C, S, B
Crinum americanum String lily N, C, S, B +
Ernodea littoralis Golden creeper S, B -
Gaillardia pulchella Firewheel N, C, S, B +
Garberia fruticosa Garberia N, C, S +
Helianthus debilis Beach sunflower N, C, S, B +
Hymenocallis latifolia Spider lily N, C, S, B +
Hypericum spp. St. John's wort N, C, S, B +
Licania michauxii Gopher apple N, C, S, B +
Nephrolepis biserrata Boston fern S -
Nephrolepis cordifolia Boston fern N, C, S +
Nephrolepis exaltata Boston fern N, C, S +
Nolina atopocarpa Florida beargrass N, C, S +
Opuntia humifusa, compressa Prickly pear N, C, S, B +
Opuntia stricta Prickly pear N, C, S, B +
Osmunda cinnemomea Cinnamon fern N, C, S +
Osmunda regalis Royal fern N, C, S +
Panicum amarulum Beach grass N, C, S, B +
Panicum commutatum Panic grass N, C, S, B +
Physalis viscosa Ground cherry N, C, S, B +
Pilobiephis rigida Pennyroyal N, C, S, B +
L., Portulaca pilosa Pink purslane N, C, S, B +
Supp.No. 14 CD102:17
§ 102-52 CAPE CANAVERAL CODE
J
Cold
Botanical Name Common Name Community Tolerance
Pteridium aquilinum Bracken fern N, C, S, B +
Rubus trivialis Southern dewberry N, C, S +
Serenoa repens Saw palmetto N, C, S, B +
Sesuvium portulacastrum Sea purslane C, S, B +
Spartina spp. Spartina/cordgrass N, C, S, B +
Uniola paniculata Sea oats N, C, S, B +
Yucca filamentoua Adams needle N, C, S, B +
Zamia floridana,pumilia,integrifolia, Coontie/arrowroot N, C, S, B +
angustifolia
(A)Aquatic
Nuphar lutea Spatter-dock N, C, S +
Nymphea odorata White water lily N, C, S +
Pontederia cordata Pickerelweed N, C, S +
Sagittaria spp. Arrow head N, C, S +
(V) Vine
Caesalpinia bonduc, crista Gray nickerbean B —
Canavalia rosea Beach bean S, B —
Cissus trifoliata Marine vine N, C, S +
Ipomea pes-caprae Railroad vine C, S, B —
Ipomea spp. Morning glory N, C, S, B +
3
Ipomea stolonifera Beach morning glory B —
Parthenocissus quinquefolia Virginia creeper N, C, S, B +
Vitis aestivalis Summer grape N, C, S +
Vitis rotundifolia Muscadine grape N, C, S, B +
Vitus shuttleworhtii Calusa grape N, C, S +
Note: Those species which are identified as occurring in the barrier island community are
found there naturally. Planting these species may be difficult due to salt burn and they may
undergo substantial shock before becoming acclimated to the barrier island conditions.
NONNATIVE SPECIES
Cold Toler-
Botanical Name Common Name Community ance
(ST) Small Tree
Eucalyptus cinera Silver dollar N, C, S +
Lagerstromia indica Crape myrtle N, C, S +
(MT) Medium Tree
Bauhinia purpurea Orchid tree S, B —
Callistemon lanceolatus Bottlebrush N, C, S, B +
Callistemon viminalis Bottlebrush N, C, S, B +
Cupaniopsis anacordiodes Carrotwood S, B —
Dalbergia sissoo Rosewood C, S —
Eriobotrya japonica Loquat N, C, S, B +
Koelreuteria formosana Gold rain tree N, C, S +
Olea europae Olive tree S, B —
Supp.No. 14 CD102:18
LVEGETATION § 102-54
Cold Toler-
Botanical Name Common Name Community ance
Parkinsonia aculeata Jerusalem thorn N, C, S, B +
Ulmus pumila, parvifolia Chinese elm N, C, S, B +
(S) Shrub
Podocarpus macrophylla Maki N, C, S +
Podocarpus nagi Nagi N, C, S +
(P)Palm Tree
Arecastrum romanzoffianum Queen palm N, C, S +
Butia capitata Pindo N, C, S, B +
Livistonia chinensis Chinese fan N, C, S +
Phoenix canariensis Canary Island date N, C, S, B +
Phoenix reclinata Senegal date N, C, S +
Trachycarpus fortunei Windmill palm N, C, S +
Washington robusta Washington palm N, C, S, B +
(Ord. No. 05-2005, § 2, 4-19-05) Botanical Name Common Name
Sec. 102-53. List of undesirable species. Ricinus communis Castor bean plant
(Ord. No. 05-2005, § 2, 4-19-05)
The planting of any tree and plant listed below Sec. 102-54. Preferred plant list.
(111111100e is strictly prohibited within the city. The following shall apply when calculating the
Botanical Name Common Name number of tree replacement credits in accordance
with section 102-43(b)(6)d. of this division:
Shinus terebinthifolius Brazilian pepper (1) For each medium or large tree planted
Melaleuca from the list of desirable species that is
quinquenervia Melaleuca, cajeput tree designated"B"(barrier island)on said list
Casuarina spp. Australian pine and is at least ten feet tall with greater
Eucalyptus spp. Eucalyptus than three-inch diameter (dbh) and two-
Enterolobium foot spread, two tree replacement credits
contortisiliquem Ear tree shall be granted.
Melia azedarach Chinaberry (2) For each small tree planted from the list
Cinnamomum
camphora Camphor tree of desirable species that is designated"B"
Sapium sebiferum Chinese tallow (barrier island)on said list and is at least
Dioscorea bulbifera Air potato/air yam six feet tall with two-to three-inch diam-
Rhodomyrtus tomentosa Downy rose myrtle eter(dbh)minimum and two-foot spread,
Sansevieria one tree replacement credit shall be
hyacinthoides African bowstring hemp granted.
(Ord. No. 05-2005, § 2, 4-19-05)
(likture
Supp.No. 14 CD102:19
§ 102-54 CAPE CANAVERAL CODE
V
TABLE 1. CITY OF CAPE CANAVERAL TREE REPLACEMENT STANDARDS
Number of Re-
Number of Re- placement Small
placement Can- Trees or Palms
opy Trees Re- Required for
DBH of Pro- quired for Each Each Tree Re- Contribution to
tected Trees Tree Removed moved Preferred Plant Tree Bank
4"up to,but not 1 or 1 or Preferred or $250.00
including, 8" plant(s)w/credit
8"up to,but not 2 or 2 Preferred $500.00
including, 12" plant(s) w/cred-
its
12" up to, but 3 Not allowed Preferred $750.00
not including, plant(s) w/cred-
16" its
16" up to, but 4 Not allowed Preferred $1,000.00
not including, plant(s) w/cred-
24" its
>24" To be preserved; To be preserved; To be preserved; To be preserved;
see § 102-41 see § 102-41 see § 102-41 see § 102-41
* These amounts may be adjusted biannually to compensate for increases to costs of plants as well as
to costs of installation and establishment.
3
3
Supp.No. 14 CD102:20
(111101 VEGETATION § 102-54
TREE
PROTECTION
AREA
Machinery, Dumping, Construction,
Parking, or Storage of Any Materials is
PROHIBITED
By City of Cape Canaveral
L
Violators are subject to a civil penalty of up to
$5000 per violation and
restoration requirements.
Enforced by the City of Cape Canaveral
pursuant to City of Cape Canaveral
Tree Preservation & Landscaping
Code §102-37, et. seq.
The sign shall be made of rigid material such as wood,metal,or durable plastic. Non-rigid
materials such as paper,cardboard,cellophane,or foil are not acceptable.The sign shall be
two(2)feet wide by three(3)feet long.
L
Supp.No. 14 CD102:21
J
J
J
(We 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.
Lore 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.
Secs. 110-484-110-490. Reserved.
Division 2. Offstreet Parking
Sec. 110-491. Number of spaces required.
Sec. 110-492. Location of spaces.
Sec. 110-493. Access.
Secs. 110-494-110-505. Reserved.
Supp.No. 14 CD110:5
CAPE CANAVERAL CODE
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.
j
Supp.No. 14 CD110:6
Llise 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))
(g) The planning and zoning board, following
Sec. 110-223. Review procedures. public hearing and review of any submitted site
(a) Five copies of the site plan,prepared,signed plan,shall make a written recommendation to the
and sealed by a professional engineer licensed by city council recommending approval,approval with
the state, shall be filed with the building official conditions,or denial of the application based upon
no later than 30 days prior to the meeting date at the site plan's compliance with the city's Code and
which the applicant is seeking planning and zon- comprehensive plan. Such recommendation shall
include the reasons for the board's recommenda-
ing board review. Filing fees as set forth in
appendix B to this Code shall be paid at this time. tion and show the board has considered the ap-
plicable site plan criteria set forth in this article.
(b) The site plan shall be submitted by the
building department to the following department (h) Upon receipt of the planning and zoning
heads for their review and comments: board's recommendation, and following a public
(1) City engineer or registered engineers ap- hearing and review of the submitted site plan,the
proved by the city. city council shall make a final decision on the
application.If the city council determines that the
(2) Building department. planning and zoning board has not made a rec-
(3) Fire marshal. ommendation on an application within a reason-
Lare' 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.
(c) Within 14 days of the time the plans are (i) If the city council elects to grant conditional
received by the various department heads, they approval of a site plan subject to any conditions or
shall submit, in writing, to the building depart- contingencies, the applicant shall have 90 days
ment, a written report commenting on factors from the date of conditional site plan approval to
relating to the site plan. satisfy any such conditions and/or contingencies.
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
the revised site plan, along with his architect's period the conditional approval shall be automat-
and engineers 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
extended at the discretion of the city council,upon
ment no later than five days prior to the meeting.
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. 14 CD110:30.1
§ 110-223 CAPE CANAVERAL CODE
3
(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
contained in the City Charter. Failure to
(2) The applicant has otherwise complied with reach a majority vote will result in denial
all matters contemplated under this sec- 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(8);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 ap-
proval by resolution only if justifiable cause is
(a) The applicant may, not later than ten demonstrated and there have been no changes in
calendar days after receiving notice of any regulations in the interim. If granted, there
final action by the board relating to site 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. 14 CD110:30.2
ZONING § 110-246
by reference and declared to be part of this
chapter. The official zoning map shall be identi-
fied by the signature of the mayor, attested to by
the city clerk and bearing the seal of the city
under the following words: "This is to certify that
this is the official zoning map referred to in
section 110-246 of the Code of Ordinances of the
City of Cape Canaveral, Florida," together with
the date of the adoption of the ordinance from
which this chapter is derived.
(b) The official zoning map in effect at the time
of passage of the ordinance from which this chap-
ter is derived shall remain in effect and shall be
reidentified as provided in subsection (a) of this
section. If, in accordance with this chapter and
state law,changes are made in district boundaries
or other matter portrayed on the official zoning
map, such changes shall be made on the official
zoning map promptly after the amendment has
been approved by the city council, together with
an entry on the official zoning map as follows:"On
(date), by official action of the city council, the
following change(s) were made in the official
zoning map:(brief description of nature of change),"
which entry shall be signed by the mayor and
attested by the city clerk. The amending ordi-
nance shall provide that such changes or amend-
ments shall not become effective until they have
been duly
L
Supp.No. 14 CD110:30.3
J
J
3
ZONING § 110-556
Lie
an automobile,truck,bus or the like in the city for (b) Limitations on vehicle rental facilities. Sub-
a period in excess of 24 hours,with the exception sequent to March 4, 2003,vehicle rental facilities
of recreational vehicles in an approved and per- may only be permitted by special exception in C-1
mated site used for recreational vehicles. and C-2 zoning districts subject to the general
(Code 1981,§641.36;Ord.No.20-94, §2,9-20-94) conditions for special exceptions and the following
minimum requirements:
Sec. 110-554. Parking and storage of certain (1) A vehicle rental facility shall not be lo-
vehicles. cated within one-third of a mile from an
existing vehicle rental facility, as defined
(a) Boats, utility trailers, recreational vehi- under this section. For the purposes of
des,special purpose vehicles,automotive vehicles this subsection, all measurements of dis-
or trailers of any kind or type without current tances shall be along a straight line from
license plates shall not be stored on any residen- the closest property boundary of the ex-
tially-zoned property, other than in completely isting use to the closest property bound-
enclosed buildings. ary of the proposed use;
(b) Construction trailers located on a construc- (2) Minimum lot area for facilities shall be
tion site may be used as an office or a work or 12,000 square feet;
security trailer. Use of these trailers as living
quarters is expressly prohibited. In each case and (3) Minimum lot width for facilities shall be
for every trailer, temporary permits shall be re- 100 feet;
quired.The temporary permits shall be limited to (4) That a continuous, densely planted,
Lie, 90 days with 90-day extensions permitted,subject greenbelt of not less than 15 feet in width,
to the need thereof as determined by the building penetrated only at points approved by the
official. No temporary trailer permit shall be Cape Canaveral Planning and Zoning
issued prior to issuance of a construction permit. Board, under site plan approval, for in
(Code 1981, §641.37; Ord. No. 24-92, § 1(641.37), gress and egress to the property, shall be
1-5-93; Ord. No. 20-94, § 3, 9-20-94) provided along all property lines abutting
public rights-of-way or properties zoned
Sec. 110-555. Paving of vehicular use areas. residential. Said greenbelt shall be in
conformance with the requirements of sec-
All commercial and industrial areas used for tion 110-566 et seq. of the City Code, as
the display or parking of any and all types of may be amended from time to time.Where
vehicles, boats or heavy construction equipment a wall or fence is to be used as screening,
and all land upon which vehicles traverse the as may be provided within this Code, the
property as a function of the primary use,includ- greenbelt will be located between the grop-
ing but not limited to drives,parking, service and erty line and the wall or fence such that
display areas, shall be paved. greenbelt is adjacent to the bordering
(Code 1981, § 641.49) property;
(5) Outside areas where the motor vehicles
Sec. 110-556. Vehicle rental facility. are to be displayed or stored shall be
paved and striped in accordance with the
(a) Definition of vehicle rental facility. Vehicle
city's off-street parking regulations;
rental facilities shall be defined as commercial
establishments where motor vehicles are kept (6) All ingress and egress points to abutting
and maintained for lease,where such vehicles are streets shall be marked clearly and placed
dropped off or picked up and where customers not closer than 150 feet apart on the same
(10•0' complete all transactions necessary for the short street and shall not be placed so as to
term lease of such vehicle. endanger pedestrian traffic;
Supp.No. 14 CD110:69
§ 110-556 CAPE CANAVERAL CODE
(7) Servicing or repair of vehicles is prohib- (5) Be serviced by a functional underground
ited except within a fully enclosed struc- sprinkler system adequate to maintain
ture; such landscaping.
(8) All outdoor paging or speaker systems are (6) Be properly maintained and replaced if
expressly prohibited; and for any reason it does not survive.
(9) The hours of operation for such facility (7) Be protected from vehicular encroach-
shall be limited to 7:00 a.m. to 9:00 p.m. ment.
daily. (c) All areas not paved or with other landscap-
(Ord. No. 02-2003, § 3, 3-4-03) ing, as designated in this section or in section
110-567,shall be planted with grass,hardy shrubs,
Secs. 110-557-110-565. Reserved. evergreen or other ground cover materials, as
specified in section 102-52, having the cold-
DIVISION 7. LANDSCAPING AND tolerance designation (+). Otherwise, the owner
VEGETATION* or developer must provide documentation from a
recognized knowledgeable person, as defined in
Sec. 110-566. Landscaping and screening be- section 102-36,that his choice of vegetation has a
tween commercial or Indus- good chance of thriving or meets state require-
trial zoning districts and resi- ments for low water need (xeriscape).
dential zoning districts. (d) Where a fence or wall is used to fulfill the
(a) Whenever the boundaries of a commercial screening requirements within a vegetative buffer,
or industrial zoning district and a residential it shall be located one foot inside of the property
zoning district abut, a visual screen shall be line of the property which is developing or rede-
J
provided within the required setbacks of the prop- veloping. When a drainage easement, ditch or
erty which is developing or redeveloping. water body runs along a property line, an admin-
istrative waiver may be granted by the building
(b) Such visual screen shall: official to allow the masonry wall or fence to be
(1) Be provided along the entire length of the placed along the edge of the ditch or water body,
instead of on the property line. Where existing
boundary separating the commercial or
industrial zoning district from the resi trees exist within the buffer area, the fence or
l zoning district. wall shall be located so as to preserve the trees.
dentia (Code 1981, § 641.43; Ord. No. 1-92, § 1, 1-21-92;
(2) Consist of decorative or ornamental fenc- Ord. No. 03-2003, § 2, 8-19-03; Ord. No. 05-2005,
ing or shrubs designed and placed in a § 3, 4-19-05)
manner rendering such visual screen den-
sity of at least 80 percent within a period Sec. 110-567. Interior landscaping for
of two years after such screen is provided. offstreet parking areas.
(3) Be not less than four or more than eight (a) Offstreet parking areas in C-1, C-2, M-1
feet in height, except as provided in sec- and R-3 districts shall have internal and perime-
tion 110-470. ter landscaping as follows:
(4) Have a minimum of one ten-point tree (1) Parking areas with ten or fewer spaces
value as defined in section 110-567 which shall have at least one ten-point tree for
shall be planted every 35 feet with at least every five spaces or fraction thereof planted
two five-point trees on the minimum 50- within the interior of the parking lot.
foot C-1 lot and three five point trees on (2) Parking areas with 11 or more spaces
the minimum 75-foot M-1 lot. shall have at least one five-point tree for
*Cross references—Environment, ch. 34; requirements every five spaces or fraction thereof inter-
for landscape appearance and maintenance,§34-99. spersed throughout the parking area. In
Supp.No. 14 CD110:70
ZONING § 110-580
Lor,
addition,one ten-point tree shall be placed (9) The value of the landscaping for the in-
at the end of each row where internal ternal parking areas and their perimeter,
curbing would be placed, even though as well as all additional external landscap-
internal curbing may not be required. ing for other areas on the site,will not be
However, trees must be protected from less than one percent of the total cost of
vehicular encroachment. the project, including land acquisition, or
(3) Subsections (a)(1) and (2) of this section three percent of the project, excluding
may be satisfied by cluster plantings, at land acquisition, whichever is greater.
the discretion of the building official.
(4) Parking areas in the C-1, C-2 and M-1 (b) Tree value points referred to in subsection
districts and parking areas in the R-3 (a)of this section shall be grade Florida Fancy or
districts that contain 16 or more parking Florida #1 and will have the following values:
spaces shall be planted to a width of at
least two feet of the entire perimeter dar Flor-
facing the public right-of-way, except for Fancy ida #1
ingress and egress and sidewalks. The Points Thee Points
perimeter shall be planted with decora- 10 Large and medium species,ten feet tall 7
tive shrubs and bushes not less than with greater than three-inch diameter
(dbh)and two-foot spread
three feet in height to form a visual screen 5 Small species, six feet tall with two-to 4
with a density of at least 80 percent three-inch diameter(dbh)minimum and
two-foot spread
within two years of planting. Perimeters 5 Cabbage palms,minimum height six feet 4
facing such public right-of-way shall, in (overall)
addition,have five tree value points planted 5 Non-native palms,minimum height three 4
every 35 feet with at least ten tree values feet(overall)
on a minimum 50-foot C-1 lot,and 15 tree
values on the minimum 75-foot C-2 or R-3 (c) Only trees listed in section 102-52 having
lot unless a greater restriction is other- the cold tolerance designation(+)shall be consid-
wise provided for in this chapter. ered for use in meeting landscaping requirements
(5) No trees shall be planted that will ob- for C-1, M-1 and R-3 zones. Further, if the plant-
struct visibility at intersections or points ing is in an area subjected to salt air, the B
of ingress and egress to streets. See sec- (barrier island)designation shall be present,which
tion 110-469. The perimeter footage de- meets the state requirement to tolerate xeric
fined in section 110-469 and ingress and conditions. Otherwise, documentation must be
egress shall not be used to calculate land- presented as provided in section 110-566(d).
scaping of perimeters. (Code 1981, § 641.44; Ord. No. 1-92, § 2, 1-21-92;
Ord. No. 28-94, § 1, 7-19-94; Ord. No. 14-98, § 1,
(6) Every effort shall be made to build, pave 9-15-98; Ord. No. 03-2003, § 2, 8-19-03; Ord. No.
or otherwise construct around existing 05-2005, § 3, 4-19-05)
trees of value.
(7) Each landscaped area, both within the
interior parking area and around the pe- Sec. 110-568. Reserved.
rimeter, shall be served by a functioning Editor's note—Ord. No. 05-2005, § 3, adopted April 19,
underground sprinkler system adequate 2005,deleted section 110-568,which pertained to preservation
to maintain all landscaping. of trees in all districts and derived from Code 1981m,§641.59.
(8) All landscaping specified in this subsec-
tion shall be properly maintained and
replaced if for any reason it does not
survive. Secs. 110-569-110-580. Reserved.
Supp.No. 14 CD110:71
§ 110-581 CAPE CANAVERAL CODE
DIVISION 8. SWIMMING POOLS* Sec. 110-582. Enclosure.
(a) Any portion of a swimming pool to which
Sec. 110-581. Construction and location. access may be obtained from outside a residence,
(a) Swimming pools shall be installed to city building or similar structure shall be required to
requirements, and a city permit shall be required be protected by a barrier as stipulated in the
and approved by the building department prior to Standard Swimming Pool Code as adopted in
construction or installation (placement). Chapter 82 of the City Code of Ordinances.
(b) Swimming pools may be built within the (b) Any portion of a swimming pool to which
access may be obtained from inside a residence,
principal structure if it is determined through building or similar structure where a wall of the
analysis by a certified engineer that such construc- residence, building or similar structure serves as
tion shall not be harmful to the principal struc- a portion of the barrier required in(a)above shall
ture. At the discretion of the building official, be protected as stipulated in the Standard Swim-
engineering may be required when the vertical ming Pool Code as adopted in Chapter 82 of the
wall of the pool (water's edge) is located within City Code of Ordinances.
five feet of the foundation system supporting the (Code 1981, § 641.47(B); Ord. No. 16-98, § 2,
principal structure. Engineering may also be re- 5-5-98)
quired on all premanufactured or prefabricated
pools which do not bear product approval from an Sec. 110-583. Accessories.
accredited testing agency.
Swimming pool accessories, such as ladders,
(c) Swimming pools which are open and slides, pumps and similar items, shall not en-
unenclosed may occupy a required rear or interior croach into a required yard setback beyond the
side yard setback, provided they are not located limits specified for swimming pools.
closer than five feet to a rear lot line or eight feet (Code 1981, § 641.47(C))
to an interior side lot line.
Sec. 110-584. Minimum setbacks.
(d) Commercial swimming pools are prohib-
ited in residential districts. (a) The minimum setbacks for swimming pools,
enclosures and accessories shall be as follows and
(e) Swimming pools shall not occupy a re- shall be in compliance with the electrical code as
quired front or corner side yard setback. adopted in Chapter 82 of the City of Code of
(f) Swimming pools may not be constructed
Ordinances:
prior to the construction of the principal building. (1) Front, 25 feet (see subsection (b) of this
section).
(g) For the purposes of this section, neither (2) Side (interior lot line), eight feet.
pools nor screened enclosures are considered struc-
tures for the sole purpose of determining lot (3) Side (corner lot line), 25 feet; on all non-
coverage. Pools and screen enclosures shall meet conforming lots of record 15 feet (see
the setback requirements as stipulated elsewhere subsection (b) of this section.)
in this chapter. (4) Rear, five feet (see subsection (c) of this
(h) For the purposes of this section, neither section).
pools nor screened enclosures are considered struc- (b) See section 110-536 for special setbacks.
tures for the purpose of determining lot coverage.
Pools and screened enclosures are not permitted (c) In no event shall a swimming pool, screen
in the setback area. enclosure or accessory feature be located within
(Code 1981, § 641.47(A); Ord. No. 16-98, § 1, 15 feet of a property line that abuts and runs
5-5-98) parallel to a public street.
(Code 1981, § 641.47(D); Ord. No. 16-98, § 3,
*Cross reference—Swimming pool code,§82-246 et seq. 5-5-98)
Supp.No. 14 CD110:72
ti
CODE COMPARATIVE TABLE
Ordinance Adoption Section
Number Date Section this Code
62-9,62-11
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)
(1111111e 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)
Lise. Rltd rn) )
a
as (h)-(k(k)
Supp.No. 14 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
3
3
Supp.No. 14 CCT:20
L
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
Lie 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
(1111■00' 162.05 2-257 166.231(1xb) 70-29
162.09(3) 78-60 166.232 Ch. 70,Art.II
Supp.No. 14 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(5Xm) 82-380
205.043(2),(3) 70-81 489.129 82-322
205.053 70-75 489.131(3Xe) 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(1)
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 chs. 561-568 110-171(a)(2)
Ch.337 66-1 ch.561 10-108
370.12 Ch. 14,Art. III ch. 561 et seq. Ch.6
380.04 86-2 561.01 6-51
ch.381 10-163 561.01(4Xa) 110-1
ch. 386,pt.I 10-62 ch. 562 10-108
400.402 110-1 562.14 6-26.6-27
Supp.No. 14 SLT:2
STATE LAW REFERENCE TABLE
Lire
F.S. Section F.S. Section
Section this Code Section this Code
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.)XIV,
§ 11,
Char.Art.XXIV,
§ 12
ch. 769 10-87
775.082 2-286(e)
Ch. 50
(1100*
775.083 2-28 50-1-1
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
839.13
1-13
ch.847
10-90
Supp.No. 14 SLT:3
J
J
J
(111111101, CODE INDEX
Section Section
CALLINGS CITY(Cont'd.)
Occupational license tax 70-66 et seq. City's right to restore surface 66-69
See:TAXATION Liability of city 66-62
CAMPING CITY ATTORNEY
Where prohibited 50-4 Council
CANALS Attendance at meetings 2-127
Subdivisions Duties 2-126
Land development code regulations.... 98-1 et seq. CITY CLERK
See:LAND DEVELOPMENT CODE Duties 2-116
CANVASSERS.See:PEDDLERS,CANVASS- CITY COUNCIL
ERS AND SOLICITORS City attorney
CAPE CANAVERAL.See:CITY Duties 2-126
City manager
CAPITAL EXPANSION PLANS Powers and duties 2-101(2)
Impact fee 2-237 Compensation
CAPITAL EXPANSION TRUST FUND Established for councilmembers other
than mayor 2-41
Impact fees 2-236
Mayor,established for 2-42
CARS.See:MOTOR VEHICLES AND TRAF- Definitions and rules of construction 1-2
FIC Election 2-26
Library board
CAUSES Reports to 46-32
Effect of repeal of ordinances 1-9(b) Mayor
CEMETERIES Compensation established for 2-42
Parks and recreation areas 54-1 et seq. Meetings
LieSee:PARKS AND RECREATION Adjournment 2-69
Adoption of motion 2-67
CERTIFICATES OF OCCUPANCY Call to order;quorum;roll call 2-64
Land development code regulations re zon- City attorney to attend 2-127
ing 110-26 et seq. Consideration of matters before council 2-66
See:LAND DEVELOPMENT CODE General discussion 2-68
Sewer impact fee requirements 78-125 Minutes 2-65
Ordinances and resolutions
CHARTER Preparation prior to meeting 2-59
Definitions and rules of construction 1-2 Parliamentary procedure 2-61
CITY Preparation and notice of agenda 2-60
Abandoned property Presiding officer 2-62
Compliance with notice or order to re- Regular meetings 2-56
move; removal by city upon non- Sergeant at arms 2-63
compliance 34-184 Special meetings 2-57
Disposition of property removed by city 34-186 Workshop meetings 2-58
Notification of owner following removal Ordinances and resolutions
by city 34-185 Preparation prior to meeting 2-59
Redemption prior to sale by city 34-187 Regular meetings 2-56
Corporate limits Special meetings 2-57
Definitions and rules of construction... 1-2 Uncontested elections 2-27
Definitions and rules of construction 1-2 Workshop meetings 2-58
Flood damage prevention 90-26 et seq. CITY ENGINEER
See:LAND DEVELOPMENT CODE
Franchise regulations in general. See: Duties 2-151
FRANCHISES(Appendix A) CITY MANAGER
Library board Acting city manager 2-102
Liability of city limited 46-31 Civil emergencies
Solid waste Persons authorized to declare 18-2
Authority of city to collect 62-3 Powers and duties 2-101
Ownership by city 62-4
(11111iire Street excavations CITY TREASURER
Authority of city 66-64 Duties 2-141
Supp.No. 14 CDi:5
CAPE CANAVERAL CODE
Section Section
CITY TREASURER(Cont'd.) CODE OF ORDINANCES(Cont'd.)
Fees schedule in general. See: FEES(Ap- Altering Code 1-13
pendix B) Amendments to Code 1-11
Catchlines of sections 1-3
CIVIL EMERGENCIES Certain ordinances not affected by Code 1-10
Authority;governor's;president 18-7 Chapters or sections,references to 1-5
Definitions 18-2 Code does not affect prior offenses,rights,
Duration and termination of emergency 18-4 etc. 1-8
Emergency powers and measures 18-3 Definitions and rules of construction 1-2
Persons authorized to declare emergency. 18-2 Effect of repeal of ordinances 1-9
Sale of goods, services, or materials at General penalty; attorneys' fees and costs 1-15
unconscionable prices 18-5 History notes 1-4
Violations and penalties 18-6 How Code designated and cited 1-1
CLERK.See:CITY CLERK Provisions considered as continuation of
existing ordinances 1-7
CLUBS References and editor's notes 1-6
Persons; definitions and rules of construe- Severability of parts of Code 1-14
tion extended and applied to 1-2 Supplementation of Code 1-12
COASTAL CONSTRUCTION CODES
Coastal construction code 82-88 et seq. City election code adopted 26-1
Buildings and building regulations.See: Technical codes.See that subject
LAND DEVELOPMENT CODE
COMMITTEES AND COMMISSIONS. See:
CODE ENFORCEMENT BOARDS, COMMITTEES AND COM-
Abandoned vehicles MISSIONS
Code enforcement board hearing proce-
dure 34-183 COMMUNICATION SERVICES
Buildings and building regulations Franchise regulations in general. See:
Citations; unlicensed contractors; fail- FRANCHISES(Appendix A)
ure to obtain building permit 82-375 et seq. Outdoor entertainment permit require-
Citations(code enforcement) ments 10-62(4)
Applicable codes, ordinances; class vio- Public service tax
lation 2-283 Generally 70-26 et seq.
Citation powers;personal investigation; See:TAXATION
reasonable cause 2-285
Citation program,authorization of 2-282 COMMUNITY APPEARANCE REVIEW
Classes of violations,penalties 2-291 BOARD
Definitions 2-281 Board
Enter upon property,authorization to2-290 Established 22-37
Form(citation) 2-288 Membership 22-37
Intent;purpose 2-280 Proceedings of the board 22-39
Issuance procedure 2-287 Qualifications of members 22-37
Payment of penalty;court hearings.... 2-289 Compliance with other code provisions 22-41
Training of code enforcement officers .. 2-284 Concept plans 22-45
Violation;penalties;general 2-286 Permits
Code enforcement board Appeals and review 22-46
Created 2-256 Application criteria 22-44
Liens;application for satisfaction or re- Approval prerequisite for permits 22-40
lease of 2-260 Building permits;enforcement 22-47
Membership 2-257 Notice of approval or denial 22-43
Powers and duties 2-258 Procedure 22-42
Responsibilities 2-258 Statement of findings and purpose 22-36
Violations and penalties
Prosecution of violations with no crim- COMMUNITY DEVELOPMENT
inal penalty 2-259 Business and cultural development board. 22-26 et seq.
Community appearance review board .... 22-36 et seq.
CODE OF ORDINANCES*
pertaining to the use,construction and interpretation of this
*Note—The adoption, amendment, repeal, omissions, effec- Code are contained in the adopting ordinance and preface
tive date,explanation of numbering system and other matters which are to be found in the preliminary pages of this volume.
Supp.No. 14 CDi:6
(IOW' CODE INDEX
Section Section
COMMUNITY DEVELOPMENT(Cont'd.) COURTS(Cont'd.)
Land development code regulations re zon- Land development code regulations re zon-
ing 110-26 et seq. ing 110-26 et seq.
See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
COMPETITIVE BIDS CULTURAL DEVELOPMENT. See: BUSI-
Purchasing 2-216 et seq. NESS AND CULTURAL DEVELOP-
See:PURCHASES AND PURCHASING MENT BOARD
CONCURRENCY MANAGEMENT SYSTEM CYCLONES
Fees schedule in general. See: FEES(Ap- Civil emergencies 18-1 et seq.
pendia B) See:CIVIL EMERGENCIES
Land development code regulations 86-1 et seq.
See:LAND DEVELOPMENT CODE
Planning and zoning board 58-26 et seq. D
See:PLANNING AND ZONING BOARD DANCING AND DANCEHALLS
Sanitary sewer system 78-26 et seq. Alcoholic beverage establishments
See: SEWERS AND SEWAGE DIS- Nudity on premises 6-27
POSAL
DEBRIS.See also:SOLID WASTE
CONNECTIONS Burial of debris 34-41
Sewer connections 78-27 et seq.
See: SEWERS AND SEWAGE DIS- DEDICATIONS
POSAL Land development code regulations re zon-
CONSTRUCTION ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
Coastal construction code 82-88 et seq. Plats or subdivisions
Buildings and building regulations.See: Certain ordinances not affected by Code 1-10(a)(12)
LAND DEVELOPMENT CODE
(iliW.
DEEDS
CONTRACTORS Certain ordinances not affected by Code.. 1-10(aX2)
Occupational license tax
Special requirements for contractors 70-85 DELEGATION OF AUTHORITY
CONTRACTS AND AGREEMENTS Definitions and rules of construction 1-2
Certain ordinances not affected by Code.. 1-10(a) DENSITY
City attorney Land development code regulations re zon-
Duties 2-126(6) ing 110-26 et seq.
Code does not affect prior contracts estab- See:LAND DEVELOPMENT CODE
lishing or occurring 1-8
Franchise agreements 66-1 DEPARTMENTS AND OTHER AGENCIES
Franchise regulations in general. See: OF CITY.See also:BOARDS,COMMIT-
FRANCHISES(Appendix A) TEES AND COMMISSIONS
Purchasing 2-216 et seq. City manager
See:PURCHASES AND PURCHASING Powers and duties 2-101(6)
Right-of-way use agreements 66-1 Definitions and rules of construction 1-2
Vested rights agreements 115-10 Delegation of authority
Definitions and rules of construction... 1-2
CORPORATE LIMITS Fire department 38-56 et seq.
Definitions and rules of construction 1-2 See:FIRE PREVENTION
COUNCIL.See: CITY COUNCIL Joint authority
Definitions and rules of construction... 1-2
COUNTY Local planning agency 58-56 et seq.
Animal control ordinance 14-26 et seq. See:PLANNING AND DEVELOPMENT
See:ANIMALS AND FOWL Police department 42-26
Definitions and rules of construction 1-2
Flood damage prevention 90-26 et seq. DEVELOPMENT DISTRICTS
See:LAND DEVELOPMENT CODE Land development code regulations re zon-
COURTS ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
Code enforcement citations
(Illiro' Payment of penalty;court hearings.... 2-289 DEVELOPMENT.See:PLANNING AND DE-
Costs for police education and training... 50-3 VELOPMENT
Supp.No. 14 CDi:7
CAPE CANAVERAL CODE
Section Section
DISCHARGES ELECTRICITY
Sewers 78-96 et seq. Electrical code 82-116 et seq.
See: SEWERS AND SEWAGE DIS- Buildings and building regulations.See:
POSAL LAND DEVELOPMENT CODE
Fees schedule in general. See: FEES (Ap-
DISCRIMINATION pendix B)
Cable television franchise. See: FRAN- Franchise regulations in general. See:
CHISES(Appendix A) FRANCHISES(Appendix A)
Gas franchise agreement. See: FRAN- Public service tax 70-26 et seq.
CHISES(Appendix A) See:TAXATION
Signs
DISTRICTS
Land development code regulations 94-1 et seq.
Land development code regulations re zon- See: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. Fire protection services; emergency medi-
See:LAND DEVELOPMENT CODE cal services 38-56
Flood damage prevention 90-26 et seq. Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE See: LAND DEVELOPMENT CODE
Outdoor entertainment permit require- Franchise regulations in general. See:
ments 10-62(1) FRANCHISES(Appendix A)
Sanitary sewer system 78-26 et seq. Purchase 2-221
See: SEWERS AND SEWAGE DIS- Sanitary sewer system
POSAL Termination of service and emergency . 78-58
Street excavations 66-61 et seq. Services
See: STREETS, SIDEWALKS AND Alarm systems 30-26 et seq.
OTHER PUBLIC WAYS See:ALARM SYSTEMS
Subdivisions Fees schedule in general. See: FEES
Land development code regulations.... 98-1 et seq. (Appendix B)
See:LAND DEVELOPMENT CODE Outdoor entertainment permit require-
ments 10-62(4)
DRUNKS AND DRUNKENNESS Street excavations 66-70
Alcoholic beverages 6-1 et seq.
See:ALCOHOLIC BEVERAGES EMPLOYEES. See: OFFICERS AND EM-
DUNES PLOYEES
Parking prohibited 74-59 ENCROACHMENT
Wetlands protection 106-26 et seq. Property maintenance standards 34-91 et seq.
See:LAND DEVELOPMENT CODE See: PROPERTY MAINTENANCE
STANDARDS
E ENGINEER.See:CITY ENGINEER
EARTHQUAKES ENGINEERS AND ENGINEERING
Civil emergencies 18-1 et seq. Street excavations
See:CIVIL EMERGENCIES Engineering details 66-66
EASEMENTS ENGINES
Subdivisions Discharge into open air of exhaust
Land development code regulations.... 98-1 et seq. Noises,enumeration of prohibited 34-153(6)
See:LAND DEVELOPMENT CODE
ENTERTAINMENT. See: AMUSEMENTS
ELECTIONS AND AMUSEMENT PLACES
Certain ordinances not affected by Code.. 1-10(a)(16)
Early voting exemption 26-5 ENVIRONMENT
Penalties for violations 26-2 Abandoned property 34-176 et seq.
Qualifying period See:ABANDONED PROPERTY
Generally 26-3 Land development code regulations re zon-
Write-in candidates 26-4 ing 110-26 et seq.
State election code adopted 26-1 See:LAND DEVELOPMENT CODE
Supp.No. 14 CDi:8
CODE INDEX
(We
Section Section
ENVIRONMENT(Cont'd.) FEDERAL GOVERNMENT(Cont'd.)
Lights 34-206 et seq. Interpret law
See:LIGHTS AND LIGHTING City attorney
Litter 34-26 et seq. Duties 2-126(3)
See:LITTER Vehicles for hire
Noise 34-151 et seq. Application of provisions to vehicle, op-
See:NOISE erator regulator by federal govern-
Planning and zoning board 58-26 et seq. ment 80-2
See:PLANNING AND ZONING BOARD
Property maintenance standards 34-91 et seq. FEES
See: PROPERTY MAINTENANCE Alarm systems
STANDARDS Fees charged 30-31
Sanitary sewer system 78-26 et seq. Permit fees 30-27
See: SEWERS AND SEWAGE DIS- Certain ordinances not affected by Code 1-10(aX7)
POSAL Franchise regulations in general. See:
Street excavations 66-61 et seq. FRANCHISES(Appendix A)
See: STREETS, SIDEWALKS AND Impact fees 2-231 et seq.
OTHER PUBLIC WAYS See:IMPACT FEES
Tree protection,land clearing 102-36 et seq. Outdoor entertainment permit 10-63
See:LAND DEVELOPMENT CODE Sewer fees where owner has private water
Weeds and dead vegetation 34-121 et seq. supply 78-154
See: WEEDS AND DEAD VEGETA- Sexually oriented businesses, adult enter-
TION tainment establishments license
Wetlands protection 106-26 et seq. Annual license fee 10-103
See:LAND DEVELOPMENT CODE Application;fee 10-95
Solid waste
EXCAVATIONS Schedule of fees 62-5
Llisol Building sewers 78-83 Street excavations permit fee 66-83
Fees schedule in general. See: FEES(Ap- Vehicles for hire
pendia B) Driver's permit fee 80-55
Sanitary sewer system 78-26 et seq. Fees to be in addition to other taxes and
See: SEWERS AND SEWAGE DIS- charges 80-3
POSAL
Street excavations 66-61 et seq. FENCES, WALLS, HEDGES AND ENCLO-
See: STREETS, SIDEWALKS AND SURES
OTHER PUBLIC WAYS Land development code regulations re zon-
ing 110-26 et seq.
EXHAUST See:LAND DEVELOPMENT CODE
Discharge into open air Signs
Noises,enumeration of prohibited 34-153(6) Land development code regulations.... 94-1 et seq.
See: LAND DEVELOPMENT CODE
EXPLOSIONS/EXPLOSIVES
Civil emergencies 18-1 et seq. FINANCES
See:CIVIL EMERGENCIES Building sewers
Fireworks 38-81 et seq. Cost of installation 78-78
See:FIREWORKS Certain ordinances not affected by Code 1-10(aX2)
City treasurer
Duties 2-141(1)
F Court costs for police education and train-
FALSE ALARMS.See:ALARM SYSTEMS ing 50-3
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: ments 10-62(5)
FRANCHISES(Appendix A) Personal property control 2-207
if
Illillire Franchise regulations in general. See: Public service tax 70-26 et seq.
FRANCHISES(Appendix A) See:TAXATION
Supp.No. 14 CDi:9
CAPE CANAVERAL CODE
Section Section ....0)
FINANCES(Cont'd.) FIRE PREVENTION(Cont'd.)
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- Violationsctesand penalties 38-93
seq.
Impact fees generally 2-231 et seq.
ALTIES See:IMPACT FEES
Certain ordinances not affected by Code.. 1-10(a)(1) Inspector
Code does not affect prior penalties or Florida Fire Prevention Code 38-27
forfeitures incurred 1-8 Life Safety Code. See herein: Fire Preven-
Effect of repeal of ordinances on penalties tion Codes
incurred 1-9(b) Lockboxes
Franchise regulations in general. See: Fire prevention code requirements 38-32
FRANCHISES(Appendix A) Required 38-32
General penalty; attorneys'fees and costs 1-15 Outdoor entertainment permit require-
Penalties for specific acts,omissions,viola- ments 10-62(4)
tions,etc. See specific subjects as in- Private entry gates 38-33
dexed 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- FIREWORKS
TION Application for permit;fees 38-83
"44.110)
Attending firefighters 38-88
FIRE LANES Definitions 38-81
Designation of 74-62 Insurance 38-86
FIRE PREVENTION Investigation of applicant; issuance or de-
nial
Alarm systems generally 30-26 et seq. of permit 38-84
See:ALARM SYSTEMS Operators 38-85
Bottled gas Private use, storage, display prohibited;
Use restrictions;permit required 38-5 public displays authorized by permit
Conformance 38-34 only 38-82
Doors to businesses or public halls 38-6 Storage of materials 38-87
Fire chief FIRMS
Duties 38-58 Persons;definitions and rules of construc-
Fire department tion extended and applied to 1-2
Fire protection services;emergency med-
ical services 38-56 FLOOD DAMAGE PREVENTION
Volunteer fire department 38-57 Civil emergencies 18-1 et seq.
Fire inspectors See: CIVIL EMERGENCIES
Designated as city code inspectors 38-3 Fees schedule in general. See: FEES(Ap-
Life Safety Code re 38-29 pendix B)
Fire lanes,designation of 74-62 Generally 90-26 et seq.
Fire prevention codes See: LAND DEVELOPMENT CODE
Florida Fire Prevention Code Land development code regulations re zon-
Adopted 38-26 ing 110-26 et seq.
Inspector 38-27 See:LAND DEVELOPMENT CODE
Life Safety Code Wetlands protection 106-26 et seq.
Adopted 38-28 See: LAND DEVELOPMENT CODE
Fire inspector 38-29
Lockboxes required 38-32 FLOODLIGHTS
Fire protection services; emergency medi- Outdoor entertainment permit require-
cal services 38-56 ments 10-62(1) j
Supp.No. 14 CDi:10
CODE INDEX
crie
Section Section
FLOODLIGHTS(Cont'd.) FRANCHISES(Appendix A)(Cont'd.)
Spill-over lighting requirements 34-206 et seq. Liability I1-4
See:LIGHTS AND LIGHTING Location of facilities II-3
FLORIDA RAILROAD AND PUBLIC UTILI- Monthly payments II-7
TIES COMMISSION Rates,rules and regulations II-5
Franchise regulations in general. See: Repeal of conflicting ordinances II-11
FRANCHISES(Appendix A) Validity II-10
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-WI
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
City's rights of intervention I-23 prohibited III-XV
Compliance with applicable laws and Purpose and goals III-III
regulations I-5 Recitals III-I
Conditions of street occupancy 1-13 Service standards III-XVI
Customer service standards I-9 Short title III-II
Definitions 1-2 Transfer of ownership or control III-VIII
Emergency use of facilities by city I-10 Telephone
Erection,removal,and common user job Company liability:indemnification IV-4
poles I-24 Compliance with applicable law and or-
Forfeiture of franchise 1-22 dinances IV-3
Grant of non-exclusive franchise 1-4 Conditions on street occupancy IV-5
Legislative findings I-3 Defmitions N-1
Liability and indemnity provision I-7 Fees paid by company IV-7
Maps and additional reports to be filed Grant of permission IV-2
by grantee I-20 Limitations on obligations of city IV-10
Other business activities I-11 Severability IV-11
Payment to city I-21 Street occupancy,conditions on W-5
Preferential or discriminatory practices Terms of rights granted IV-9
prohibited I-14 Transfer of rights granted herein IV-6
Public service I-28
Quality of service 1-27 FRANCHISES(Generally)
Removal of facilities upon request I-15 Certain ordinances not affected by Code.. 1-10(aX4)
Re-regulation I-25 Franchise regulations in general. See:
Restrictions on assignment,transfer,sale FRANCHISES(Appendix A)
and subleasing I-16 Streets,sidewalks and other public ways
Safety requirements I-12 Franchise agreements 66-1
Severability I-29
Short title I-1 FRAUD
System upgrade I-8
Solicitors, peddlers and itinerant mer-
Term of franchise 1-17 chants 16-30
Territorial area involved I-6
Electric F.S.(Florida Statutes)
Acceptance by grantee II-2 Definitions and rules of construction 1-2
Amount of payments by grantee to
grantor 1I-6 FUEL GAS.See:GAS
Competition by grantor II-8
Effective date 1I-12 FUEL OIL
(Illiire` Forfeiture II-9 Public service tax 70-26 et seq.
Grant II-1 See:TAXATION
Supp.No. 14 CDi:11
CAPE CANAVERAL CODE
Section Section
G HEALTH AND SANITATION(Cont'd.)
Local planning agency 58-56 et seq.
GARAGE SALES See:PLANNING AND DEVELOPMENT
Land development code regulations re zon- 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.
Fuel gas code 82-171 et seq. See:LAND DEVELOPMENT CODE
Buildings and building regulations.See: Weeds and dead vegetation 34-121 et seq.
LAND DEVELOPMENT CODE See: WEEDS AND DEAD VEGETA-
Public service tax 70-26 et seq. TION
See:TAXATION
HEIGHT
GENDER Land development code regulations re zon-
Definitions and rules of construction 1-2 ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
GIFTS
Purchasing procedure 2-226(b) HOME OCCUPATIONS
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: PROPERTY MAINTENANCE
See:LAND DEVELOPMENT CODE STANDARDS
GUTTERS Public service tax
Litter,sweeping into gutters prohibited34-31 Generally 70-26 et seq.
See:TAXATION
H HURRICANES
Civil emergencies 18-1 et seq.
HANDBILLS See:CIVIL EMERGENCIES
Litter regulations 34-51 et seq.
See:LITTER I
HARASSMENT IMPACT FEES
Solicitors and itinerant merchants Capital expansion plans 2-237
Harassment prohibited 16-28 Capital expansion trust funds
HAZARDOUS MATERIALS AND SUB- Collection;deposit 2-236(b)
STANCES Established 2-236(a)
Fire prevention regulations re 38-90 et seq. Use 2-236(c)
See:FIRE PREVENTION
Solid waste generally 62-1 et seq.
See:SOLID WASTE
Specifically 62-11(d)
HEALTH AND SANITATION
Abandoned property 34-181 et seq.
See:ABANDONED PROPERTY
Supp.No. 14 CDi:12
(kV" CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Elevation 98-88 Traffic
Final acceptance of work 98-94 Concurrency management
Permanent markers 98-87 Generally 86-1 et seq.
Sewers 98-90 See herein: Concurrency Manage-
Streets 98-92 ment
Water supply 98-89 Signs constituting traffic hazards 94-62(c)
Permits Tree protection
Land clearing
Construction permits 98-69 et seq. Definitions 102-36
See within this subheading: Con- Development and construction
struction Tree protection during;periodic in-
Planning and zoning board spection 102-46
Final plats Enforcement and penalties 102-38
Recommendations of planning and Implementing division
zoning board 98-61 Rules and regulations and fees... 102-51
Powers of 98-3 List of
Preliminary plats Desirable species and plants 102-52
Planning and zoning board proce- Preferred plant list 102-54
dure 98-46 Undesirable species 102-53
Plats Minimum tree requirement 102-45
Final plat Open burning of natural cover 102-50
Application for approval 98-60 Permits 102-39
Criteria;exemptions;standards of
Conformance to preliminary plat . 98-56 review 102-40
Data required for final approval.. 98-58 Prohibitions 102-44
Documents required prior to ap- Remedial action 102-49
(11111111,' proval 98-59 Special waiver provision 102-42
Number of copies 98-57 Specimen trees 102-41
Planning and zoning board recom- Title; applicability; intent and pur-
mendations 98-61 pose; limited residential dwell-
Recording 98-62 ing exemption 102-37
Preapplications Tree replacement guidelines 102-43
Review procedures 98-36 Voluntary tree planting 102-47
Preliminary plat Waivers;incentive program;adminis-
City review 98-45 trative interpretation appeals;
Information required 98-41 incentive program 102-48
Planning and zoning board proce- Undesirable species,list of 102-45
dures 98-46 Unsafe building abatement code 82-56 et seq.
Scale;proposals 98-43 See herein:Buildings and Building Reg-
Time limit 98-47 Mations
Topographic data 98-42 Variances
Stormwater management 90-121
Purpose 98-2 Subdivisions 98-4
Remedies 98-6 Vegetation
Variance Tree protection 102-26 et seq.
Application 98-4(b) See herein:Tree Protection
Conditions 98-4(e) Vegetation buffers
Hardship 98-4(a) Stormwater management
Prerequisites to granting 98-4(d) Native vegetation buffers 90-177
Public hearing,notice 98-4(c) Vehicles
Wetlands protection requiring subdivi- Signs on 94-6(f)
sion plat 106-28 Vested rights
Surface and storm drainage Concurrency management 86-13
Subdivision design standards 98-111 Water supply
Surface water Subdivision improvements 98-89
Channeled into sanitary sewer 90-170 Wetlands protection
Temporary storage units 82-400 Defmitions 106-26
Live Topographic data Development requiring site plan or sub-
Subdivision plat 98-42 division plat 106-28
Supp.No. 14 CDi:23
CAPE CANAVERAL CODE 1
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Mitigation 106-31 Residential planned unit develop-
Permitted uses 106-29 ments
Prohibited uses 106-30 Minimum lot area 110-439
Purpose and intent 106-27 Reuse of area used for density calcu-
Wind pressure and dead load lation 110-253
Signs 94-9 Townhouses 110-372
Zoning Atomic energy uses 110-480
Access Board of adjustment
C-1 Low Density Commercial District 110-339 Administrative review
Generally 110-472 Appeal notice,hearing 110-29(b)
Offstreet parking 110-493 Authority 110-29(a)
R-1 Low Density Residential District 110-278 Stay of proceedings 110-29(c)
R-2 Medium Density Residential Dis- Appeals from board 110-35
trict 110-298 Decisions 110-32
R-3 Medium Density Residential Dis- Established 110-26
trict 110-318 Indebtedness 110-30
Accessories Powers and duties 110-28
Swimming pools 110-583 Proceedings 110-27
Accessory uses and structures Reconsideration of administrative re-
C-1 Low Density Commercial District 110-333 view,special exception variance 110-33
C-2 Commercial/Manufacturing Dis- Special exceptions
trict 110-382 Applicants for 110-31
Generally 110-468 Applications;procedures 110-46
M-1 Light Industrial and Research Expiration 110-48
and Development District 110-353 Permissible by 110-294 et seq.
R-1 Low Density Residential District 110-273 See within subheading: Special
R-2 Medium Density Residential Dis- Exceptions By Board of Ad-
trict 110-293 justment
R-3 Medium Density Residential Dis- Written findings certifying compli-
,....)
trict 110-313 ance 110-47
Residential planned unit develop- Variances
ments 110-439 Applications;procedures 110-31, 110-62
Administrative review Generally 110-61
Appeal notice,hearing 110-29(b) Violation of conditions of special ex-
Authority 110-29(a) ceptions or variance 110-34
Stay of proceedings 110-29(c) Boats and boat trailers
Alcoholic beverages Living aboard 110-552
Special exceptions for establishments Location of 110-551
serving 110-171 Bonding
Amendments Residential planned unit develop-
Authority 110-136 ments 110-407
Limitation 110-138 Boundaries
Procedure 110-137 Reconsideration of district boundary
Reconsideration of district boundary changes 110-139
changes 110-139 Rules for interpretation of district
Annexations boundaries 110-248
Zoning classification of 110-256 Breeze requirements
Antenna R-3 Medium Density Residential Dis-
Residential use/Satellite dishes 110-478 trict, minimum breeze require-
Wireless communications 110-483 ment 110-319
Area Building official
C-1 Low Density Commercial District 110-336 Duties of 110-88
Dimension or area reduction below Building permits
minimum 110-254 Residential planned unit develop-
M-1 Light Industrial and Research ments 110-406
and Development District 110-356 Townhouses 110-378
R-1 Low Density Residential District 110-276 Buildings
R-3 Medium Density Residential Dis- Lot and street requirements for 110-255
trict 110-316 Nonconforming structures 110-193
Supp.No. 14 CDi:24
CODE INDEX
Section Section
LAND DEVELOPMENT CODE(Cont'd.)
Nonconforming uses of structures or
of structures and premises in
combination 110-195
L
L
Supp.No. 14 CDi:24.1
J
3
CODE INDEX
‘111110e
Section Section
LIGHTS AND LIGHTING(Cont'd.) LOADS
Penalty 34-208 Truck loads causing litter 34-34
Policy established 34-207
Sea turtles LOCAL IMPROVEMENTS. See: PUBLIC
Publicly owned lighting regulations14-57 WORKS AND IMPROVEMENTS
Signs 94-63 LOCAL PLANNING AGENCY
Solid waste Planning and zoning board 58-26 et seq.
Transporting regulations 62-7 See:PLANNING AND ZONING BOARD
Spill-over lighting standards established34-209
Vehicles for hire 80-76(c) LOTS
LIQUEFIED PETROLEUM GAS Land development code regulations re zon-
Public service tax 70-26 et seq. mg 110-26 et seq.
See:TAXATION See:LAND DEVELOPMENT CODE
Subdivisions
LITTER AND LITTERING Land development code regulations 98-1 et seq.
Abatement;assessment 34-43 See: LAND DEVELOPMENT CODE
Aircraft,dropping from 34-35 LOUDSPEAKERS
Burial of trash,rubbish or other debris34-41 Noises,enumeration of prohibited 34-153(3)
Definitions 34-26
Enforcement 34-42
Gutters,sweeping into prohibited 34-31 M
Handbills MALT BEVERAGES.See:ALCOHOLIC BEV-
Depositing on uninhabited or vacant pre- ERAGES
mises 34-53
Distribution prohibited where property MANUFACTURED GAS
posted 34-54 Public service tax 70-26 et seq.
Inhabited private premises,distribution See:TAXATION
LIreat 34-55
Throwing or distributing in public places 34-51 MAPS. See:SURVEYS,MAPS AND PLATS
Vehicles,placing on 34-52
Merchant's MARQUEES
Duty to keep sidewalks free of litter 34-32 Signs
Occupied private property,depositing on34-37 Land development code regulations.... 94-1 et seq.
Owner's maintenance of premises 34-38 See:LAND DEVELOPMENT CODE
Penalty 34-27 MAYOR
Posting notices prohibited 34-40 City manager
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE Powers and duties 2-101(3)
STANDARDS Civil emergencies generally 18-11etet seq.
See:CIVIL EMERGENCIES
Public places,litter in 34-29 Persons authorized to declare 18-2
Receptacles,placement in 34-30
River or other body of water,throwing in 34-36 MECHANICAL
Sidewalks Mechanical code 82-196 et seq.
Merchant's duty to keep sidewalks free Buildings and building regulations.See:
of litter 34-32 LAND DEVELOPMENT CODE
Truck loads 34-34
Unlawful deposit 34-28 MEDICAL SERVICES
Vacant lots,depositing on 34-39 Fire protection services; emergency medi-
Vehicles cal services 38-56
Litter throwing by persons in vehicle .. 34-33 MERCHANTS.See:PEDDLERS,CANVASS-
Wetlands protection 106-26 et seq. ERS AND SOLICITORS
See:LAND DEVELOPMENT CODE
METERS
LOADING AND UNLOADING
Offstreet loading Franchise regulations in general. See:
FRANCHISES(Appendix A)
Land development code regulations re Taximeters 80-76(f)
zoning 110-26 et seq.
See:LAND DEVELOPMENT CODE MINORS
Le Out of repair vehicles Fireworks
Noises,enumeration of prohibited 34-153(7) Operator regulations 38-85
Supp.No. 14 CDi:31
CAPE CANAVERAL CODE
Section Section
MINORS(Cont'd.) MOTOR VEHICLES AND TRAFFIC(Cont'd.)
Sexually oriented businesses, adult enter- Fire lanes,designation of 74-62
tainment establishments 10-86 et seq. No parking zones,authority to establish 74-58
Unlawful provisions re minors 10-122 Overnight parking 74-61
Penalties 74-57
MOBILE HOMES AND MOBILE HOME State law adopted 74-56
PARKS Truck parking 74-60
Beautification board Signs
Generally 2-181 et seq. Land development code regulations.... 94-1 et seq.
See:BEAUTIFICATION BOARD See: LAND DEVELOPMENT CODE
Flood damage prevention 90-26 et seq. Truck routes 74-32
See:LAND DEVELOPMENT CODE Solicitors, peddlers and itinerant mer-
Land development code regulations re zon- chants 16-26 et seq.
ing 110-26 et seq. See: PEDDLERS, CANVASSERS AND
See:LAND DEVELOPMENT CODE SOLICITORS
MONIES OF CITY.See:FINANCES Solid waste
Transporting regulations 62-7
MONTHS Stopping and standing. See herein: Park-
Definitions and rules of construction 1-2 ing, Stopping and Standing
Public service tax,monthly computation70-34 Through streets,parking,etc.
MONUMENTS AND MARKERS Certain ordinances not affected by Code 1-10(a)(8)
Travel on other than streets or highways. 74-1
Subdivisions
Trucks
Land development code regulations 98-1 et seq.
See:LAND DEVELOPMENT CODE Applicability of provisions 74-27
Definitions 74-26
MOTOR VEHICLES AND TRAFFIC Exceptions 74-29
Alcoholic beverages Parking 74-60
Motor vehicle regulations 6-51 et seq. Penalties 74-28
See:ALCOHOLIC BEVERAGES Truck loads 34-34 3
Concurrency management system 86-1 et seq. Truck routes
See: MOTOR VEHICLES AND TRAF- Established 74-30
FIC Inside origin 74-30(2)
Dune parking prohibited 74-59 Maps of truck routes 74-31
Exhaust Outside origin 74-30(1)
Noises,enumeration of prohibited 34-153(6) Signs for truck routes 74-32
Fire lanes Vehicles for hire 80-1 et seq.
Designation of 74-62 See:VEHICLES FOR HIRE
Handbills MOTORBOATS. See: BOATS, DOCKS AND
Placing in vehicles 34-52 WATERWAYS
Land development code regulations re zon-
ing 110-26 et seq. MUFFLERS
See:LAND DEVELOPMENT CODE Noises,enumeration of prohibited 34-153(6)
Litter
Throwing by person in vehicles 34-33 MUSICAL INSTRUMENTS
Maps Noises,enumeration of prohibited 34-153(2)
Truck routes 74-31
No parking zone,authority to establish74-58 N
Noises NATURAL DISASTERS. See: CIVIL EMER-
Exhausts 34-153(6) GENCIES
Horns,signal devices 34-153(1)
Out of repair vehicles 34-153(7) NATURAL GAS
Out of repair vehicles Public service tax 70-26 et seq.
Noises,enumeration of prohibited 34-153(7) See:TAXATION
Outdoor entertainment permit require- NOISE
ments 10-62(4) Construction noise 34-154
Overnight parking 74-61 Declaration of policy to prohibit noise .... 34-151
Parking,stopping and standing Enumeration of prohibited noises 34-153
County's civil traffic infraction hearing
officer program adopted 74-63
Dune parking prohibited 74-59
Supp.No. 14 CDi:32
CODE INDEX
Lie
Section Section
PLANNED UNIT DEVELOPMENTS PLUMBING
Land development code regulations re zon- Fees schedule in general. See: FEES (Ap-
ing 110-26 et seq. pendix B)
See: LAND DEVELOPMENT CODE Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE
PLANNING AND DEVELOPMENT Plumbing code 82-146 et seq.
Beautification board 2-181 et seq. Buildings and building regulations.See:
Business and cultural development board22-26 et seq. LAND DEVELOPMENT CODE
Community appearance review board 22-36 et seq. Public service tax 70-26 et seq.
Comprehensive plan See:TAXATION
Designation of agency,department,cora- Sanitary sewer system 78-26 et seq.
mittee or person to prepare 58-58 See: SEWERS AND SEWAGE DIS-
Flood damage prevention 90-26 et seq. POSAL
See:LAND DEVELOPMENT CODE Maintenance of plumbing system 78-35
Franchise regulations in general. See: POLES AND WIRES
FRANCHISES(Appendix A) Cable television franchise. See: FRAN-
Impact fees generally 2-231 et seq.
See: IMPACT FEES CHISES(Appendix A)
Land development code regulations re zon- Signs
ing 110-26 et seq. Land development code regulations.... 94-1 et seq.
See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
Local planning agency POLICE DEPARTMENT
Designation and establishment 58-56 Court costs for police education and train-
Designation of agency,department,corn- ing 50-3
mittee or person to prepare com- Fees schedule in general. See: FEES (Ap-
prehensive plan 58-58 pendix B)
Duties and responsibilities 58-57 Police department
L Plan checking fee Duties of chief of police and/or precinct
Fees schedule in general. See: FEES supervisor 42-26
(Appendix B) Vehicles for hire
Planning and zoning board Receiving police radio calls prohibited;
Beautification board, coordination with 2-185 radios which may be used 80-81
Duties 58-34
Established 58-26 POLITICAL SIGNS
Indebtedness 58-36 Signs
Subdivisions Land development code regulations.... 94-1 et seq.
Land development code regulations . 98-1 et seq. See: LAND DEVELOPMENT CODE
See: LAND DEVELOPMENT PROCEEDINGS.See:SUITS,ACTIONS AND
CODE OTHER PROCEEDINGS
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE DIS- PROFESSIONS
POSAL Occupational license tax 70-66 et seq.
Signs See:TAXATION
Land development code regulations.... 94-1 et seq. PROPERTY
See:LAND DEVELOPMENT CODE Abandoned property generally 34-180 et seq.
Street excavations 66-61 et seq. See:ABANDONED PROPERTY
See: STREETS, SIDEWALKS AND Code enforcement citations
OTHER PUBLIC WAYS
Subdivisions Enter upon property (inspection war-
290
Land development code regulations 98-1 et seq. rant)
See:LAND DEVELOPMENT CODE Numbering of buildings and property 82-366 ett seq.
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
Signs
PLANT LIFE.See:WEEDS AND DEAD VEG- Land development code regulations.... 94-1 et seq.
ETATION See:LAND DEVELOPMENT CODE
(11%00?
Vested rights 115-1 et seq.
PLATS. See: SURVEYS,MAPS AND PLATS See:VESTED RIGHTS
Supp.No. 14 CDi:35
CAPE CANAVERAL CODE
Section Section
PROPERTY MAINTENANCE STANDARDS PUBLIC WORKS AND IMPROVEMENTS
Authority 34-92 (Cont'd.)
Building appearance and maintenance 34-98 Signs
Definitions 34-91 Land development code regulations.... 94-1 et seq.
Duties and responsibilities for mainte- See:LAND DEVELOPMENT CODE
nance 34-97 Street excavations 66-61 et seq.
Enforcement 34-95 See: STREETS, SIDEWALKS AND
Landscape appearance and maintenance 34-99 OTHER PUBLIC WAYS
Purpose 34-94 Subdivisions
Scope 34-93 Land development code regulations.... 98-1 et seq.
Sign appearance and maintenance 34-100 See: LAND DEVELOPMENT CODE
Standards established 34-96 Weeds and vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
PROPERTY MANAGEMENT TION
Personal property control Wetlands protection 106-26 et seq.
Definitions 2-207(a) See:LAND DEVELOPMENT CODE
Property acquisition 2-207(d)
Property supervision and control 2-207(c) PURCHASES AND PURCHASING
Record and inventory of property 2-207(b) Availability of funds 2-225
Recording the disposal of property 2-207(0 Award to other than low bidder 2-218(7)
Surplus property disposition 2-207(e) Bid deposits 2-218(3)
Valuation of property 2-207(g) Bid opening 2-218(4)
PUBLIC NUDITY.See:NUDITY Blanket purchase orders 2-224
City bidders list 2-218(2)
PUBLIC RECORDS. See: RECORDS AND Cooperative purchasing 2-222
REPORTS Definitions 2-216
PUBLIC SERVICE TAX Emergency purchase 2-221
Generally 70-26 et seq. Franchise regulations in general. See:
See:TAXATION FRANCHISES(Appendix A) 3
Ineligible contractors 2-218(6)
PUBLIC SEWERS.See:SEWERS AND SEW- Notice 2-218(1)
AGE DISPOSAL Open market purchase procedures 2-219
Performance bond 2-218(9)
PUBLIC THOROUGHFARES.See:STREETS, Personal property control
SIDEWALKS AND OTHER PUBLIC Property acquisition 2-207(d)
WAYS Property supervision and control 2-207(c)
PUBLIC VEHICLES Recording disposal of property 2-207(0
Vehicles for hire 80-1 et seq. Surplus property disposition 2-207(e)
See:VEHICLES FOR HIRE Procedure 2-218
Prohibition of interest
PUBLIC WAYS.See:STREETS,SIDEWALKS Financial interest 2-226(a)
AND OTHER PUBLIC WAYS Gifts and rebates 2-226(b)
Purpose 2-217
PUBLIC WORKS AND IMPROVEMENTS Rejection of bids 2-218(5)
Beautification board 2-181 et seq. Sole source 2-220
See:BEAUTIFICATION BOARD Subdivision,prohibition against 2-223
Certain ordinances not affected by Code.. 1-10(a)(11) Tie bids 2-218(8)
Concurrency management 86-1 et seq.
Utilities service
See:LAND DEVELOPMENT CODE Purchase of 70-33
Flood damage prevention 90-26 et seq. Without collecting public service tax,
See:LAND DEVELOPMENT CODE purchase of 70-37
Franchise regulations in general. See:
FRANCHISES(Appendix A) PYROTECHNICS.See: FIREWORKS
Land development code regulations re zon-
ing 110-26 et seq.
See:LAND DEVELOPMENT CODE R
Local planning agency 58-56 et seq. RADIOLOGICAL WASTE.See:SOLID WASTE
See:PLANNING AND DEVELOPMENT
Public service tax generally 70-26 et seq. RADIOS
See:TAXATION Noises,enumeration of prohibited 34-153(2)
Supp.No. 14 CDi:36
CODE INDEX
(11111.110e
Section Section
RADIOS(Cont'd.) RESIDENTIAL PLANNED UNIT DEVELOP-
Vehicles for hire MENTS
Receiving police radio calls prohibited; Land development code regulations re zon-
radios which may be used 80-81 ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
RAILROADS AND TRAINS REVENUES OF CITY.See:FINANCES
Franchise regulations in general. See:
FRANCHISES(Appendix A) REZONING
Certain ordinances not affected by Code 1-10(a)(9)
RECORDS AND REPORTS RIGHTS
City clerk Certain ordinances not affected by Code 1-10(a)(4)
Duties 2-116(1) Code does not affect prior rights estab-
Franchise regulations in general. See: lished or occurring 1-8
FRANCHISES(Appendix A)
Occupational license tax ROAD SIGNS
Form signing of licenses;report of infor- Land development code regulations 94-1 et seq.
mation 70-70 ROBBERY ALARMS.See:ALARM SYSTEMS
Records of issued licenses 70-86
Records of licensees 70-87 RUBBISH.See:SOLID WASTE
Sewers
Industrial or commercial wastewater S
monitoring reporting re discharges 78-100 SALES
Sexually oriented businesses, adult enter- Utility service without collection of public
tainment establishments license service tax 70-40
Records,reports 10-105
Worker records 10-110 SANITARY SEWER SYSTEM.See:SEWERS
Live Solicitors, peddlers and itinerant mer-
AND SEWAGE DISPOSAL
chants SCREENS AND SCREENING
Permit record 16-53 Property maintenance standards 34-91 et seq.
Report of violations 16-31 See: PROPERTY MAINTENANCE
Subdivisions STANDARDS
Land development code regulations 98-1 et seq. SEA TURTLES.See:ANIMALS AND FOWL
See:LAND DEVELOPMENT CODE
Vehicles for hire SEAL OF CITY
Maintenance of records 80-85 City clerk
Report to accidents 80-88 Duties 2-116(1)
RECREATION. See: PARKS AND RECRE- SEPTIC TANKS
ATION Sanitary sewer requirements 78-34
SERGEANT AT ARMS
RECYCLABLE MATERIALS City council 2-63
Residences 62-9(b)
Solid waste generally 62-1 et seq. SETBACKS
See:SOLID WASTE Land development code regulations re zon-
ing 110-26 et seq.
REFUSE.See:SOLID WASTE See:LAND DEVELOPMENT CODE
REGULAR MEETINGS SEWERS AND SEWAGE DISPOSAL
Building sewers and connections.See herein:
City council 2-56 Industrial and Commercial Use
Commercial use.See herein:Industrial and
RESIDENTIAL DISTRICTS
Commercial Use
Land development code regulations re zon- Concurrency management 86-1 et seq.
ing 110-26 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Connection with sewer
Signs 94-96 et seq. Late connection charge 78-28
Solid waste Required 78-27
Le. Fees schedule in general. See: FEES Unlawful connection 78-29
(Appendix B) Deposit required 78-151
Supp.No. 14 CDi:37
CAPE CANAVERAL CODE
Section Section J
SEWERS AND SEWAGE DISPOSAL(Cont'd.) SEWERS AND SEWAGE DISPOSAL(Cont'd.)
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) Maintenance of plumbing system 78-35
Free service 78-37 Monthly sewer rates 78-152
Impact fees Old plumbing,connecting 78-31
Change of use 78-128 Payment of sewer charges required 78-153
Cost of living increase 78-129 Penalties 78-26
Established 78-121 Private water supply
Excessive quantity of wastewater 78-123 Sewer fees where owner has 78-154
Full payment required prior to issuance Public service tax generally 70-26 et seq.
of certificate or license 78-125 See:TAXATION
Generally 2-231 et seq. Rates and charges
See:IMPACT FEES Monthly sewer rates 78-152
Offsite sewage plumbing 78-131 Payment of sewer charges required.... 78-153
Payment 78-122 Sewer fees where owner has private
Port Canaveral customers 78-130 water supply 78-154
Use of funds 78-127 Sanitary requirements 78-32
Industrial and commercial use Separate connection for each separate build-
Administrative enforcement procedures 78-59 ing 78-38
Administrative penalties 78-60 Septic tanks 78-34
Applicability of provisions 78-54 Sewer fees where owner has private water
Building sewers and connections supply 78-154
Connecting sources of surface runoff Subdivisions
or groundwater 78-84 Land development code regulations.... 98-1 et seq.
Cost of installation;indemnification 78-78 See:LAND DEVELOPMENT CODE
Elevations 78-82 Unlawful connection 78-29
Excavations 78-83 Unlawful construction 78-30
Notice of inspection and connection . 78-79 Wastewater discharge permits 78-98
Old building sewers 78-80
Permit for connections SEXUALLY ORIENTED BUSINESSES,
Application 78-77(b) ADULT ENTERTAINMENT ESTAB-
Required 78-77(a) LISHMENTS
Public sewers, connection to 78-85 Adult performance establishment 10-114
Separate sewers for each building... 78-76 Alcoholic beverages establishments
Specifications 78-81 Nudity on premises where alcohol served,
Definitions 78-51 consumed or stored 6-27
Discharges Commercial bodily contact establishments 10-115
Fees 78-99 Prohibited;savings provision 10-127
General prohibitions and limitations 78-96 Commercial bodily contact;unlawful provi-
Industrial or commercial wastewater sions 10-126
monitoring and reporting 78-100 Construction 10-88
Permission to use sewer system;waste- Definitions 10-90
water discharge permit 78-98 Engaging in prohibited activity
Prohibited wastes, control of 78-97 Customers 10-117
Wastewater discharge permit 78-98 Workers;operators 10-118
Emergency,termination of service in... 78-58 Escort service 10-116
Enforcement;authority;minimum stan- Escorts,escort services 10-125
dards 78-53 Fees schedule in general. See: FEES (Ap-
Inspectors pendix B)
Power and authority of 78-56 General requirements 10-111
Judicial remedies 78-61 Hours of operation;unlawful provisions .. 10-124
Public sewers,use of required 78-55 Immunity from prosecution 10-130
Publication of significant violation 78-62 Land development code regulations re zon-
Purpose 78-52 ing 110-26 et seq.
Rates and charges See:LAND DEVELOPMENT CODE
Surcharge for abnormal strength License
wastes 78-111 Annual license fee 10-103
Right of refusal 78-57 Application;fee 10-95
Supp.No. 14 CDi:38
(1111111110eCODE INDEX
Section Section
SEXUALLY ORIENTED BUSINESSES, SIGNS AND BILLBOARDS(Cont'd.)
ADULT ENTERTAINMENT ESTAB- Specific regulations pertaining signs 94-1 et seq.
LISHMENTS(Cont'd.) See:SIGNS AND BILLBOARDS
Consent 10-98 Truck routes,signs for 74-32
Contents of application 10-96 SINGING
Contents of license,term,renewals,ex-
piration,lapse,nonconforming es- Noises,enumeration of prohibited 34-153(4)
tablishments 10-104 SITE PLANS
Continuing duty;false,misleading infor- Fees schedule in general. See: FEES(Ap-
mation 10-97 pendix B)
Investigation of applicant 10-99 Land development code regulations re zon-
Issuance or denial of license 10-100
mg 110-26 et seq.
Operation without license 10-119
See:LAND DEVELOPMENT CODE
Reapplication after denial 10-102 Planning and zoning board 58-26 et seq.
Reasons for denial of application of li- See:PLANNING AND ZONING BOARD
cense 10-101
Records,reports 10-105 SLOT MACHINES OR DEVICES
Required 10-93 Definitions 10-201
Suspension,revocation of license 10-108 Exemption 10-203
Transfer of license 10-106 Prohibited 10-202
Location,distance requirements 110-352(7) Purpose;intent 10-200
Minors;unlawful provisions 10-122 SOLICITORS. See: PEDDLERS, CANVASS-
Name change(establishment) 10-107 ERS AND SOLICITORS
Notice 10-91
Obscenity;indecent exposure unlawful 10-89 SOLID WASTE
Occupational licenses;home occupations10-128 City
Offices, departments (other); responsibili- Authority to collect 62-3
Lie ties 10-94 Ownership by city 62-4
Operation contrary to operational require- Complaint procedure 62-6
ments 10-120 Concurrency management 86-1 et seq.
Penalties;remedies;relief 10-92 See:LAND DEVELOPMENT CODE
Purpose,findings, intent; incorporation of Containers
whereas clauses 10-87 Required 62-8
Records;unlawful provisions 10-123 Definitions 62-1
Restrooms,dressing rooms,use of 10-121 Fees schedule in general. See: FEES(Ap-
Sexual encounter businesses prohibited; pendix B)
prohibited acts 10-129 Ownership by city 62-4
Sexually oriented businesses 10-112 Penalties 62-2
Short title 10-86 Proper disposal prerequisite to collection . 62-10
Suspension,revocation proceedings 10-109 Public nuisances prohibited
Theater(adult) 10-113 Dead plants,refuse,debris
Worker records 10-110 Yards,etc.,to be kept free of 34-122
SHOPPING CENTERS Regulations on file 62-12
Signs Residential solid waste pickup conditions
Land development code regulations.... 94-1 et seq. Location of solid waste containers 62-9(f)
See:LAND DEVELOPMENT CODE Pickup 62-9(e)
Recyclable material 62-9(b)
SHOUTING Separation of solid waste 62-9(a)
Noises,enumeration of prohibited 34-153(4) Solid waste 62-9(d)
SIDEWALKS. See: STREETS, SIDEWALKS Yard waste 62-9(c)
AND OTHER PUBLIC WAYS Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE DIS-
SIGNS AND BILLBOARDS POSAL
Fees schedule in general. See: FEES(Ap- Schedule of fees 62-5
pendix B) Transporting 62-7
Handbills Tree protection,land clearing 102-36 et seq.
Litter regulations 34-51 et seq. See:LAND DEVELOPMENT CODE
See:LITTER Unlawful acts
LIiie. Property maintenance standards Burning or burying of solid waste 62-11(c)
Sign appearance and maintenance 34-100 Container of another 62-11(b)
Supp.No. 14 CDi:39
CAPE CANAVERAL CODE
Section Section
SOLID WASTE(Cont'd.) STREETS,SIDEWALKS AND OTHER PUB-
Hazardous waste 62-11(f) LIC WAYS
Obstruction 62-11(a) Alcoholic beverages
Unlawful accumulations 62-11(d) Possession and consumption 6-51
Unlawful disposal 62-11(e) Beach end streets
SOUND AMPLIFIERS Camping prohibited 50-4
Beautification board generally 2-181 et seq.
Noises,enumeration of prohibited 34-153(3) See: BEAUTIFICATION BOARD
STATE Cable television franchise
Abandoned property Conditions of street occupancy. See:
Notification of owner;following removal FRANCHISES(Appendix A)
by city Certain ordinances not affected by Code.. 1-10(a)(5)
Documentation filed with state 34-185(e) Concurrency management system 86-1 et seq.
Definitions and rules of construction 1-2 See: MOTOR VEHICLES AND TRAF-
Election code adopted 26-1 FIC
Law Excavations
City attorney City
Duties 2-126(3) Authority of city 66-64
Misdemeanor acts adopted,penalty 50-1 Right to restore surface 66-69
Parking,state law adopted 74-56 Cleanup 66-68
Vehicles for hire Emergencies 66-70
Application of provisions to vehicle, op- Engineering details 66-66
erator regulator by state govern- Guarantee 66-67
ment 80-2 Inspections 66-63
Liability of city 66-62
STORAGE Method of installation 66-65
Abandoned vehicles on private property.. 34-181 Penalty 66-61
Fireworks Permit
Private use,storage,display prohibited; Application 66-82
.,.....)
public displays authorized by per- Cash deposits 66-84
mit only 38-82 Fee 66-83
Storage of materials 38-87 Required 66-81
Temporary storage units 82-400 Fire lanes,designation of 74-62
Franchise agreements 66-1
STORMWATER DRAINAGE
Certain ordinances not affected by Code.. 1-10(a)(17) Franchise regulations in general. See:
Stormwater drainage utility FRANCHISES(Appendix A)
Grades
Creation 78-275
Certain ordinances not affected by Code 1-10(a)(10)
Definitions,construction 78-277 Handbills
Determination of ERUs 78-301 Throwing or distributing in public places 34-51
Fee,stormwater 78-300 Impact fees generally 2-231 et seq.
Findings,determinations,powers 78-276 See: IMPACT FEES
Operating budget 78-278
Program responsibility 78-325 Land development code regulations re zon-
Stormwater management utility enter- ing 110-26 et seq.
prise fund 78-326 See:LAND DEVELOPMENT CODE
Subdivisions Lighting 34-206 et seq.
Land development code regulations.... 98-1 et seq. See: LIGHTING
See:LAND DEVELOPMENT CODE Litter 34-26 et seq.
See: LITTER
STORMWATER MANAGEMENT Local planning agency 58-56 et seq.
Fees schedule in general. See: FEES (Ap- See:PLANNINGAND DEVELOPMENT
pendix B) Noise
Sanitary sewer system 78-26 et seq. Enumeration of prohibited 34-153(4)
See: SEWERS AND SEWAGE DIS- Open containers
POSAL Prohibited in motor vehicles 6-68
Street excavations 66-61 et seq. Parks and recreation areas 54-1 et seq.
See: STREETS, SIDEWALKS AND See:PARKS AND RECREATION
OTHER PUBLIC WAYS Property maintenance standards 34-91 et seq.
Wetlands protection 106-26 et seq. See: PROPERTY MAINTENANCE
See:LAND DEVELOPMENT CODE STANDARDS
Supp.No. 14 CDi:40
CODE INDEX
(sof
Section Section
STREETS,SIDEWALKS AND OTHER PUB- SUBDIVISIONS(Cont'd.)
LIC WAYS(Cont'd.) Land development code
Public service tax generally 70-26 et seq. Regulations re subdivisions 98-1 et seq.
See:TAXATION See:LAND DEVELOPMENT CODE
Right-of-way Regulations re zoning 110-26 et seq.
Use agreements 66-1 See: LAND DEVELOPMENT CODE
Camping prohibited 50-4 Planning and zoning board 58-26 et seq.
Signs See:PLANNING AND ZONING BOARD
Land development code regulations.... 94-1 et seq. Public service tax generally 70-26 et seq.
See:LAND DEVELOPMENT CODE See:TAXATION
Solicitors, peddlers and itinerant mer- Purchasing
Prohibition against subdivisions 2-223
chants 16-26 et seq.
See: PEDDLERS, CANVASSERS AND Sanitary sewer system 78-26 et seq.
SOLICITORS See: SEWERS AND SEWAGE DIS-
POSAL
Solid waste generally 62-1 et seq. Street excavations 66-61 et seq.
See:SOLID WASTE See: STREETS, SIDEWALKS AND
Transporting regulations 62-7 OTHER PUBLIC WAYS
Street lights Wetlands protection 106-26 et seq.
Sea turtle regulations 14-57 See:LAND DEVELOPMENT CODE
Streets
Abandonment SUITS,ACTIONS AND OTHER PROCEED-
Authority 66-36 INGS
Ordinance required 66-39 Codes does not affect prior acts committed
Petition or done 1-8
For action 66-37 Effect of repeal of ordinances on suits or
Procedure 66-38 proceedings pending 1-9(b)
(1001' Civil liability for damage 66-26 SURFACE DRAINAGE
Speed bumps 66-27 Subdivisions
Subdivisions Land development code regulations.... 98-1 et seq.
Land development code regulations98-1 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE
Traffic SURVEYS,MAPS AND PLATS
Certain ordinances not affected by Code 1-10(a)(8) Amendment to zoning map
Travel on other than streets or highways 74-1 Certain ordinances not affected by Code 1-10(aX9)
Tree protection,land clearing 102-36 et seq. City engineer
See:LAND DEVELOPMENT CODE Duties 2-151(1)
Trucks generally 74-26 et seq. Dedicating or accepting
See: MOTOR VEHICLES AND TRAF- Certain ordinances not affected by Code 1-10(a)(12)
FIC Franchise regulations in general. See:
Weeds and vegetation 34-121 et seq. FRANCHISES(Appendix A)
See: WEEDS AND DEAD VEGETA- Outdoor entertainment permit require-
TION ments 10-62(2)
Wetlands protection 106-26 et seq. Subdivisions
See: LAND DEVELOPMENT CODE Land development code regulations.... 98-1 et seq.
Yelling,shouting,hooting,whistling,sing- See:LAND DEVELOPMENT CODE
ing Truck routes,map of 74-31
SUBDIVISIONS SWEAR OR SWORN.See:OATH,AFFIRMA-
TION,SWEAR OR SWORN
Beautification board generally 2-181 et seq.
See:BEAUTIFICATION BOARD SWIMMING POOLS
Dedicating or accepting Land development code regulations re zon-
Certain ordinances not affected by Code 1-10(a)(12) ing 110-26 et seq.
Fees schedule in general. See: FEES(Ap- See:LAND DEVELOPMENT CODE
pendia B)
Flood damage prevention 90-26 et seq. T
See: LAND DEVELOPMENT CODE
(111110.' Impact fees generally 2-231 et seq. TAXATION
See: IMPACT FEES Certain ordinances not affected by Code.. 1-10(a)(7)
Supp.No. 14 CDi:41
CAPE CANAVERAL CODE
Section Section
TAXATION(Cont'd.) TAXATION(Cont'd.)
Fees schedule in general. See: FEES(Ap- Failure to pay tax
pendix B) Collected 70-38
Franchise regulations in general. See: Generally 70-42
FRANCHISES(Appendix A) Levied 70-29
Local improvements Monthly computation 70-34
Certain ordinances not affected by Code 1-10(a)(11) Payment 70-31
Occupational license tax Payment of utilities service without pay-
Contractors and subcontractors ment of tax 70-41
Special requirements for 70-85 Penalty 70-43
Definitions 70-66 Purchase of utilities service
Delinquencies 70-76 Generally 70-33
Engaging in business Without collecting tax 70-37
Evidence of engaging in business ... 70-72 Records 70-36
Without paying tax or making reports 70-71 Sale of utilities service without collec-
Exemptions 70-83 tion of tax 70-40
Insurance 70-84 Vehicles for hire
Levied 70-67 Licenses and fees to be in addition to
Licenses other taxes and charges 80-3
Application for
False statements in 70-73 TAXICABS.See:VEHICLES FOR HIRE
Businesses not otherwise designated,
license tax for 70-88 TECHNICAL CODES
Display of license 70-79 Building codes. See also: LAND DEVEL-
Duplicate,issuance of 70-80 OPMENT CODE
Failure to obtain or renew license 70-75 Building code 82-31 et seq.
Form of licenses 70-70 Coastal construction code 82-88 et seq.
Issuance Electrical code 82-116 et seq.
Payment of tax prerequisite to ... 70-69 Existing standard building code 82-233 et seq.
Records of issued licenses 70-86 Fuel gas code 82-171 et seq.
License year 70-74 Mechanical code 82-196 et seq.
Multiple licenses 70-78 Plumbing code 82-146 et seq.
Payment of tax prerequisite to issu- Property maintenance code 82-221 et seq.
ance 70-69 Unsafe building abatement code 82-56 et seq.
Preservation of license 70-79 Fire prevention code 38-26 et seq.
Records of licensees 70-87 See:FIRE PREVENTION
Report of information 70-70 Florida Fire Prevention Code 38-26,38-27
Required 70-69 Life Safety Code 38-28,38-29
Separate license required for each
place of business 70-77 TELEGRAPH SERVICES
Signing of licenses 70-70 Public service tax generally 70-26 et seq.
Term of license 70-74 See:TAXATION
Transferability 70-81
Proration of tax 70-74 TELEPHONES
Rate schedule 70-89 Automatic telephone direct dialing device;
Records of licensees 70-87 digital alarm communicator system . 30-37
Refunds 70-82 Franchise regulations in general. See:
Tax payment date 70-74 FRANCHISES(Appendix A)
Violations and penalties 70-68
Failure to obtain or renew license70-75 TELEVISIONS
Public service tax Franchise regulations in general. See:
Applicability 70-28 FRANCHISES(Appendix A)
Appropriation of revenue 70-44 Noises,enumeration of prohibited 34-153(2)
Authority;findings 70-27
Collection 70-35 TENSE
Computation 70-32 Defmitions and rules of construction 1-2
Continuance of tax and appropriation.. 70-45
Definitions 70-26 TIME
Discontinuance of utilities service 70-39 Computation of time
Exemptions 70-30 Definitions and rules of construction... 1-2
.....04
Supp.No. 14 CDi:42
CODE INDEX
r+' Section Section
TOPOGRAPHY
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STANDARDS
Subdivisions
Land development code regulations98-1 et seq.
See:LAND DEVELOPMENT CODE
L
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