HomeMy WebLinkAboutSupplement 12 LI
SUPPLEMENT NO. 12
March 2004
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. 41-2003, adopted December 16, 2003.
See the Code Comparative Table for further information.
Remove old pages Insert new pages
xi—xiv xi—xiv.i
xvii, xviii xvii, xviii
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Insert and maintain this instruction sheet in front of this publication. File
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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
Liro" 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. 12 xi
CAPE CANAVERAL CODE
Chapter Page
2. Administration CD2:1
Art. I. In General CD2:5
Art. II. City Council CD2:5
Div. 1. Generally CD2:5
Div. 2. Compensation CD2:5
Div. 3. Meetings CD2:6
Art. III. Officers and Employees CD2:9
Div. 1. Generally CD2:9
Div. 2. City Manager CD2:9
Div. 3. City Clerk CD2:10
Div. 4. City Attorney CD2:10
Div. 5. City Treasurer CD2:11
Div. 6. City Engineer CD2:11
Art. IV. Boards, Committees, Commissions CD2:11
Div. 1. Generally CD2:11
Div. 2. Beautification Board CD2:12.2
Art. V. Finance CD2:12.2
Div. 1. Generally CD2:12.2
Div. 2. Purchasing CD2:13
Div. 3. Impact Fees CD2:16
Art. VI. Code Enforcement CD2:19
Div. 1. Generally CD2:19
Div. 2. Code Enforcement Board CD2:19
Art. VII. Travel Reimbursement Policies and Proce-
dures CD2:21
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. Adult Entertainment CD10:6
Div. 1. Generally CD10:6
Div. 2. License for Establishment CD10:13
Div. 3. Permit for Employees CD10:19
Div. 4. Operation of Establishments CD10:22
11-13. Reserved CD11:1
14. Animals CD14:1
Art. I. In General CD 14:3
Supp.No. 12 xii
TABLE OF CONTENTS—Cont'd.
(1401119"
Chapter Page
Art. II. County Animal Control Ordinance CD14:3
Art. III. Sea Turtles CD14:3
15. Reserved CD15:1
16. Businesses CD16:1
Art. I. In General CD16:3
Art. II. Solicitors, Peddlers and Itinerant Merchants CD16:3
Div. 1. Generally CD16:3
Div. 2. Permit CD16:3
Art. III. Motion and Still Photography Production Per-
mits CD16:5
17. Reserved CD17:1
18. Civil Emergencies CD18:1
19-21. Reserved CD19:1
22. Community Development CD22:1
Art. I. In General CD22:3
Art. II. Business and Cultural Development BoardCD22:3
Art. III. Community Appearance Review CD22:4
23-25. Reserved CD23:1
Lise' 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
(kiipor, Art. III. Fire Department CD38:7
Art. IV. Fireworks CD38:8
Supp.No. 12 xiii
CAPE CANAVERAL CODE
"'gag)
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. Human Rights 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.
(We
Chapter Page
Art. I. In General CD70:3
Art. II. Public Service Tax CD70:3
Art. III. Occupational License Tax CD70:6
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TABLE OF CONTENTS-Cont'd.
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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
Late 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
Art. IX. Supplementary District Regulations CD110:59
Div. 1. Generally CD110:59
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
Lioe. Div. 7. Landscaping and Vegetation CD110:70
Div. 8. Swimming Pools CD110:71
Supp.No. 12 xvii
CAPE CANAVERAL CODE
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Appendix Page
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. 12 xViii
Checklist of Up-to-Date Pages
(This checklist will be updated with the
printing of each Supplement)
From our experience in publishing Looseleaf Supplements on a page-for-page
substitution basis, it has become evident that through usage and
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In addition to assisting existing holders of the Code, this list may be used
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GENERAL PROVISIONS § 1-12
(7) Any ordinance levying or imposing taxes, the subsequent ordinances as numbered and
charges, rates or fees. printed, or omitted, in the case of repeal, shall be
(8) Any ordinances prescribing through streets, prima facie evidence of such subsequent ordi-
parking and traffic regulations,speed lim nances until such time that this Code and subse-
its, one-way traffic, limitations on load of quent ordinances numbered or omitted are re-
vehicles or loading zones. adopted as a new code of ordinances by the city
council.
(9) Any rezoning ordinance or amendment to
the zoning map. (b) Amendments to any of the provisions of
this Code should be made by amending such
(10) Any ordinance establishing and prescrib- provisions by specific reference to the section of
ing the street grades of any street in the this Code in substantially the following language:
city. "That section of the Code of Ordi-
(11) Any ordinance providing for local improve- nances,City of Cape Canaveral,Florida,is hereby
ments and assessing taxes therefor. amended to read as follows " The new provi
sions may then be set out in full as desired.
(12) Any ordinance dedicating or accepting
any plat or subdivision in the city. (c) If a new section not existing in the Code is
to be added, the following language may be used:
(13) Any ordinance annexing territory or ex- "That the Code of Ordinances, City of Cape
cluding territory or any ordinance extend- Canaveral, Florida, is hereby amended by adding
ing the boundaries of the city. a section(or article or chapter)to be numbered as
(14) Any ordinance establishing positions,clas- follows , which said section shall read
sifying positions, setting salaries of city as follows- " The new section may then be set
Lire officers and employees or any personnel out in full as desired.
regulations. (d) When the city council desires to enact an
(15) Any temporary or special ordinances. ordinance of a general and permanent nature on a
subject not existing in the Code,which the council
(16) Any ordinance calling elections or prescrib- desires to incorporate into the Code, a section in
ing the manner of conducting the election substantially the following language may be made
in accordance with state law. a part of the ordinance: "Section . It is
(17) Any ordinance regarding storm drainage. the intention of the city council and it is hereby
ordained that the provisions of this ordinance
(18) Any ordinance or code provision regard shall become and be made a part of the Code of
ing impact fees. Ordinances, City of Cape Canaveral, Florida, and
(b) All such ordinances are recognized as con- the sections of this ordinance may be renumbered
tinuing in full force and effect to the same extent to accomplish such intention."
as if set out at length in this Code and are on file (e) All sections,articles,chapters or provisions
in the city clerk's office. of this Code desired to be repealed should be
specifically repealed by section number or chapter
Sec. 1-11. Amendments to Code. number, as the case may be.
(a) All ordinances passed subsequent to this State law reference—Minimum procedural require-
ments for adoption of ordinances and resolutions,F.S.§166.041.
Code which amend, repeal or in any way affect
this Code may be numbered in accordance with Sec. 1-12. Supplementation of Code.
the numbering system of this Code and printed
for inclusion therein, or in the case of repealed (a) By contract or by city personnel, supple-
chapters, sections and subsections or any part ments to this Code shall be prepared and printed
thereof, by subsequent ordinances, such repealed whenever authorized or directed by the city coun-
portions may be excluded from the Code by omis-
sioncif. A supplement to the Code shall include all
from reprinted pages affected thereby, and substantive permanent and general parts of ordi-
Supp.No. 12 CD1:5
§ 1-12 CAPE CANAVERAL CODE
nances passed by the city council or adopted by (5) Make other nonsubstantive changes nec-
initiative and referendum during the period cov- essary to preserve the original meaning of
ered by the supplement and all changes made ordinance sections inserted into the Code,
thereby in the Code and shall also include all but in no case shall the codifier make any
amendments to the Charter during the period. change in the meaning or effect of ordi-
The pages of a supplement shall be so numbered nance material included in the supple-
that they will fit properly into the Code and will, ment or already embodied in the Code.
where necessary, replace pages which have be-
come obsolete or partially obsolete, and the new Sec. 1-13. Altering Code.
pages shall be so prepared that, when they have
been inserted, the Code will be current through It shall be unlawful for any person in the city to
the date of the adoption of the latest ordinance change or amend, by additions or deletions, any
included in the supplement. part or portion of this Code or to insert or delete
(b) In preparing a supplement to this Code, all pages or portions thereof or to alter or tamper
portions of the Code which have been repealed with such Code in any manner whatsoever which
shall be excluded from the Code by the omission will cause the law of the city to be misrepresented
thereby.Any person violating this section shall be
thereof from reprinted pages.
punished as provided in section 1-15.
State law reference—Falsifying public records,penalty,
(c) When preparing a supplement to this Code, F.S. §839.13.
the codifier, meaning the person, agency or orga-
nization authorized to prepare the supplement,
may make formal, nonsubstantive changes in Sec. 1-14. Severability of parts of Code.
ordinances and parts of ordinances included in
the supplement,insofar as it is necessary to do so The sections, paragraphs, sentences, clauses
to embody them into a unified code. For example, and phrases of this Code are severable,and if any
the codifier may: phrase, clause, sentence, paragraph or section of
this Code shall be declared unconstitutional by
(1) Organize the ordinance material into ap- the valid judgment or decree of the court of
propriate subdivisions; competent jurisdiction, such unconstitutionality
shall not affect any of the remaining phrases,
(2) Provide appropriate catchlines, headings clauses, sentences, paragraphs and sections of
and titles for sections and other subdivi- this Code.
sions of the Code printed in the supple-
ment and make changes in catchlines,
headings and titles; Sec. 1-15. General penalty; attorneys' fees
and costs.
(3) Assign appropriate numbers to sections
and other subdivisions to be inserted in (a) The violation of or failure to comply with
the Code and, where necessary to accom- any provision of this Code shall constitute an
modate new material,change existing sec- offense against the city, and where no specific
tion or other subdivision numbers; penalty is provided therefor, shall subject the
offender,upon conviction,to a fine of not to exceed
(4) Change the words"this ordinance"or words $500.00 or imprisonment for a period of not to
of the same meaning to "this chapter," exceed 60 days or by both such fine and impris-
"this article," "this division," etc., as the onment.
case may be, or to "sections
through ."The inserted section (b) Any condition caused or permitted to exist
numbers will indicate the sections of the in violation of any of the provisions of this Code or
Code which embody the substantive sec- any ordinance of the city shall be deemed a public
tions of the ordinance incorporated into nuisance and shall be subject to abatement by the
the Code; and city.
Supp. No. 12 CD1:6
GENERAL PROVISIONS § 1-15
(c) Each and every act, action or thing done in
violation of the provisions of this Code or ordi-
nances of the city shall be construed, deemed and
taken as a separate and distinct violation of such
provisions of this Code, and in every event that a
violation of this Code or any of the provisions of
this Code shall continue, each day of such contin-
uance shall be deemed, construed and taken as a
separate and distinct violation of the provisions of
this Code that such condition so allowed to con-
tinue shall violate.
(d) In addition to and supplemental to any
other provision of the City Code, the city shall be
entitled, as prevailing party, to recover reason-
able attorneys' fees and court costs incurred in
any legal proceeding brought by the city to en-
force any provision of the City Code through all
appellate proceedings.
(Code 1981, § 801.05; Ord. No. 20-2003, § 2,
7-15-03)
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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.
*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. 12 CD2:1
CAPE CANAVERAL CODE
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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.
Secs. 2-207-2-215. 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.
Supp.No. 12 CD2:2
ADMINISTRATION
Le.
Division 3. Impact Fees
Sec. 2-231. Levy and purpose.
Sec. 2-232. Exemptions.
Sec. 2-233. Schedule.
Sec. 2-234. Payment.
Sec. 2-235. Partial waiver authorized.
Sec. 2-236. Capital expansion trust funds.
Sec. 2-237. Capital expansion plans.
Secs. 2-238-2-245. Reserved.
Article VI. Code Enforcement
Division 1. Generally
Secs. 2-246-2-255. Reserved.
Division 2. Code Enforcement Board
Sec. 2-256. Created.
Sec. 2-257. Membership.
Sec. 2-258. Duties; responsibilities;powers.
Sec. 2-259. Prosecution of violations with no criminal penalty.
Sec. 2-260. Application for satisfaction or release of code enforcement liens.
Secs. 2-261-2-299. Reserved.
Art. VII. Travel Reimbursement Policies and Procedures.
Sec. 2-300. Reimbursement policy and procedures for official travel.
41L
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ADMINISTRATION §2-171
(1k1.10'
DIVISION 5. CITY TREASURER* ARTICLE IV. BOARDS, COMMITTEES,
COMMISSIONSt
Sec. 2-141. Duties.
DIVISION 1. GENERALLY
The city treasurer has the duties and respon-
sibilities to: Sec. 2-171. Uniform procedures and require-
ments.
(1) Collect monies pursuant to directive of
the city manager and city council. (a) Purpose and intent; conflicts. The purpose
and intent of this section is to enhance the public's
(2) In conjunction with the city manager, respect and confidence in the municipal services
prepare the annual budget with the assis- delegated to, and performed by, city boards and
tance of all offices and boards and make committees and to ensure that decisions of boards
available a monthly report of income and and committees are in the best interests of the
expenditures relative to the current bud- city.The purpose of this section is also to establish
get. uniform and consistent procedures and require-
ments for establishing and/or abolishing boards
(3) Directly administer and supervise the units and committees, and appointing and removing
of the office. members thereof, and for conducting board and
(Code 1981, § 231.41(D)—(F)) committee business.
To the extent any provision of this section con-
Secs. 2-142-2-150. Reserved. flicts with any other provision of this Code, it is
the intent of the city council that the provisions of
this section shall prevail. To the extent the provi-
DIVISION 6. CITY ENGINEER sions of this section are preempted by state or
federal law,it is the intent of the city council that
the provisions of state or federal law shall prevail.
Sec. 2-151. Duties.
(b) Definitions. As used in this section, the
The city engineer is designated by the city terms or phrases listed in this subsection shall
council and is directly responsible to the council. have the following meaning:
The city engineer has the duties and responsibil-
ities to: (1) Registered voter shall mean a person duly
registered to vote in city elections at all
(1) Conduct research in engineering matters times while serving on a board or commit-
as directed by the council. tee.
(2) Perform engineering functions as may be (2) Resident shall mean any person living
directed by the city council. within the city limits at all times while
(Code 1981, § 231.51(A), (B)) serving on a board or committee, and at
least 12 months prior to being nominated,
elected or appointed to the board or com-
mittee.
Secs. 2-152-2-170. Reserved.
tCross references—Code enforcement board, § 2-256 et
*Charter references—Appointment by city manager;du- seq.; commercial development board, § 22-26 et seq.; library
ties,art.XI, § 1. board, § 46-26 et seq.; recreation board, § 54-26 et seq.;
Cross references—Finance,§2-206 et seq.;taxation,ch. planning and zoning board, § 58-26 et seq.; local planning
‘1111101 70; utility service rates, deposits and billing procedures, agency,§58-56 et seq.;zoning board of adjustment,§110-26 et
§78-151 et seq.;schedule of fees, app.B. seq.
Supp.No. 12 CD2:11
§2-171 CAPE CANAVERAL CODE
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(c) Requirements of board and committee mem- council and rn ty 1.1i,;trily removed at any
bers. Any person nominated, elected or appointed time with or withou boat 1 or committee
to serve on a board or committee of the city shall appointment shall not be construed as creating or
satisfy the following requirements: conferring,upon any person, any right or interest
(1) Complete a board or committee applica in serving on a board or committee including, but
tion as prescribed by the city council; not limited, to a contract, liberty, property or
vested right.
(2) Consent to a standard criminal back-
ground check, at the discretion of the city (f) Term. All board and committee members
council; shall be appointed to serve three-year terms and
may be reappointed by the city council for subse-
(3) Be a resident and registered voter as quent three-year terms without limitation. Not-
defined by this section unless the city withstanding, the city council may appoint a
council by unanimous vote waives this member to a term of less than three years in order
requirement upon a determination that a to stagger the terms of the entire board or com-
vacancy on a board or committee must be mittee. If a member is removed, or vacates their
filled by a person with specialized skills appointment for any reason, including death,
and training and a resident and regis- excessive absence, or resignation, prior to the
tered voter with such skills and training expiration of their term, the city council may at
cannot be reasonably found to fill the its discretion appoint an individual to serve the
vacancy. If said requirement is waived, remaining portion of the unexpired term.
the vacancy shall only be filled by a per-
son who is a resident of the city or who (g) Absences. Any board or committee member
owns a business or real property within incurring five consecutive absences from any reg-
the city; and ularly scheduled meeting of the board or commit-
tee, or seven absences from any meeting of the
(4) Have never been convicted or found guilty, board or committee within a 12-month period,
regardless of adjudication, of a felony in (starting with the last absence and counting back-
any jurisdiction, unless their civil rights ward), shall be deemed automatically removed
have been restored. Any plea of nolo from the respective board or committee in which
contendere shall be considered a convic- the absences have occurred.Any meeting which is
tion for purposes of this paragraph. cancelled,other than for a lack of a quorum, shall
(5) Complete interviews with the board or not be counted for purposes of determining absen-
committee on which the person is seeking teeism.Absences which occurred prior to the date
appointment and with the city council. of reappointment of any board or committee mem-
ber shall not be counted toward automatic re-
(d) Limitation on number of nonresidents serv- moval. However, if any board or committee is
ing on boards and committees. Notwithstanding regularly scheduled to meet less than once per
the foregoing, the maximum number of persons month, a board or committee member shall be
not satisfying both the residency and registered automatically removed if the member fails to
voter requirements of this section that can serve attend 40 percent of the regularly scheduled meet-
on a particular board or committee shall be equal ings within a 12-month period.
to 25 percent of the total number of voting board
or committee members allowed to be appointed or (h) Compensation. All board and committee
elected to that particular board or committee. members shall serve without compensation, ex-
cept as provided in the City Code for per diem
(e) Appointment and removal of members. All subsistence and travel allowances for official travel.
persons shall be appointed to, and removed from
city boards and committees by majority vote of (i) Chairmanships. Each board and committee
the city council and by resolution, unless other- shall be responsible to elect, by majority vote of
wise provided in this section. Board and commit- the members of each board or committee, a chair-
tee members shall serve at the pleasure of the city person and vice-chairperson. The election shall
Supp. No. 12 CD2:12
ADMINISTRATION §2-171
Lire
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
supplementary in nature and not inconsistent member shall be designated as the second alter-
Lisoe 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 com- 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-
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 corn-
Supp. No. 12 CD2:12.1
§2-171 CAPE CANAVERAL CODE
mittee on which the person is seeking appoint- Sec. 2-185. Coordination with planning and
ment and by the city council. The board or corn- zoning board.
mittee shall make a recommendation to the city The beautification board may appoint one mem-
council on whether the person should be ap ber to serve as a representative to the planning
pointed to their respective board or committee and zoning board to act as an advisor to the
based on the requirements of this section. planning and zoning board on matters of city
(Ord. No. 12-2003, § 2, 7-1-03) beautification.
(Code 1981, § 251.04)
Cross reference—Planning and zoning board, §58-26 et
Secs. 2.172-2-180. Reserved. seq.
DIVISION 2. BEAUTIFICATION BOARD Sec. 2-186. Indebtedness.
The beautification board shall not incur any
debts or enter into any contracts or obligations
Sec. 2-181. Established,membership,terms,
qualifications. which would be enforceable against the city, un-
less prior approval has been obtained from the
A beautification board, which shall consist of city council.
seven members, is established. (Code 1981, § 251.05)
(Code 1981, § 251.01; Ord. No. 48-93, § 1, 1-4-94;
Ord. No. 12-2003, § 2, 7-1-03) Secs. 2-187-2-205. Reserved.
Sec. 2-182. Meetings. ARTICLE V. FINANCE*
Regular meetings of the beautification board
shall be held at least once each month at the city DIVISION 1. GENERALLY
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.
(Code 1981, § 251.02; Ord. No. 12-2003, § 2, At the beginning of each quarterly period dur-
7-1-03) ing the fiscal year and more often if required by
the city council,the city treasurer shall submit to
Sec. 2-183. Reserved. the council data showing the relation between the
estimated and actual income and expense to date.
Editor's note—Ord. No. 12-2003, § 2, adopted July 1, If it shall appear that the income is less than
2003, deleted section 2-183,which pertained to absence from anticipated, the council shall reduce appropria-
meetings. tions,except amounts required for debt and inter-
est
Sec. 2-184. Duties.
The beautification board shall plan and pro-
pose to the city council such landscaping and
beautification programs as shall seem desirable
and feasible to the board for the benefit of the city.
Such programs are to apply to all areas of the city.
The beautification board shall cooperate with and
*Cross references—City treasurer,§2-141 et seq.;taxa-
assist any organizations or private individuals or
tion, ch. 70; sanitary sewer system impact fees, § 78-121 et
groups of individuals conducting private landscap-
seq.;q.;schedule of fees,app.B.
ing and beautification programs in the city. State law reference—Municipal finance and taxation,
(Code 1981, § 251.03) F.S. § 166.101.
Supp. No. 12 CD2:12.2
ADMINISTRATION §2-300
prepared or recorded until the condi- (b) Definitions. For purposes of this article,the
tion(s) placed by the council have been following terms shall have the meanings indi-
satisfied. cated:
The violator shall have 30 days in which (1) Officer or public officer. An individual
to comply with the conditions imposed by who, in performance of his/her official
the city council. Failure of the violator to duties is vested by law with sovereign
comply will result in the automatic denial powers of government, who is elected by
of the application for satisfaction or re- the people (mayor and city council).
lease of lien.
(2) Employee or public employee. The city
If the application is denied or if the appli- manager or an individual, whether com-
cation is automatically denied due to the missioned or not, other than an officer or
failure of the violator to comply with the authorized person as defined herein, who
conditions imposed by the city council,the is filling a regular or full-time authorized
violator shall thereafter be barred from position and is responsible to the city
applying for a subsequent satisfaction or manager.
release of lien for a period of one year
from the date of denial. During the one- (3) Authorized person.
year period,the lien may only be satisfied
and released upon full payment of the fine (A) A person, other than a public officer
or penalty imposed in accordance with or employee, as defined herein,
this division. whether elected or commissioned or
(Ord. No. 05-2003, § 2, 2-18-03) not, who is authorized by the city
(11100" manager or city council to incur travel
expenses in the performance of his
Secs. 2-261-2-299. Reserved. official duties; or
(B) A person who is called upon the city
ARTICLE VII. TRAVEL REIMBURSEMENT to contribute time and services as
POLICIES AND PROCEDURES consultant or adviser.
(4) Traveler. A public officer,public employee,
Sec. 2-300. Reimbursement policy and pro- or authorized person, when performing
cedures for official travel. authorized travel.
(a) Purpose. It is the intent of this section to (5) Travel expense. The usual, ordinary and
regulate official travel expenses of city officers, incidental expenditures necessarily in
employees, and other authorized persons, as de- curred by a traveler.
fined in F.S. § 166.021. It is also the intent of this (6) Common carrier. Train, bus, commercial
section that the provisions of F.S. § 112.061, airline operating scheduled flights, or
pertaining to municipalities, and any amend- rental cars of an established rental car
ments, additions, or modifications to such provi- firm.
sions, shall be incorporated herein by reference,
to the extent this section does not address a (c) Authority to incur travel expenses.
subject matter that is addressed in F.S. § 112.061,
and that the provisions contained in this section (1) All travel of public employees must be
shall be supplemental and in addition to the authorized and approved by the depart-
provisions of F.S. § 112.061. In the event of any ment head and city manager. Multiday
conflict between this section and F.S. § 112.061, travel of the city manager or a public
this section, in accordance with F.S. § 166.021, officer must be approved by the city coun-
cil.
Supp. No. 12 CD2:21
§2-300 CAPE CANAVERAL CODE
(2) Day trips may be authorized by the de- (B) Mt 11. (lass A travel shall be
partment head without approval of the au t.h u. ., up to a i iaximum of
city manager. $36.00 per day in lieu of individual
(3) The city shall not authorize or approve
meal allowance rates.
such a request of a public employee unless (C) When a traveler attends an event on
it is accompanied by a signed statement the city's behalf and the fixed price
listing the purpose of such travel, the of the meal exceeds the per meal
dates and expenses involved, and a copy allowance, the traveler shall be re-
of the travel itinerary attached. imbursed the actual cost of the meal
as authorized by the city manager.
(4) Travel expenses of travelers shall be lim-
ited to those expenses necessarily in- (D) Receipts shall not be required for
curred by them in the performance of a meals on authorized overnight travel.
public purpose authorized by law to be (E) No traveler shall be reimbursed for
performed by the city and must be within meals gratuitously provided by an-
the limitations prescribed by this policy. other party.
(d) Computation of travel time for reimburse- (F) No traveler shall be reimbursed for
ment. For purposes of reimbursement and meth- meals when travel is confined to the
ods of calculating fractional days of travel, the city or immediate vicinity, except as
following principles are prescribed: authorized by the city manager.
(1) Travel categories. The following travel cat- (G) Reimbursement for overnight travel
egories are prescribed: shall be for actual lodging expenses
Class A. Continuous travel of 24 hours(or at the single occupancy rate, to be
more) away from the city. substantiated by paid receipts.
Class B. Continuous travel of less than 24 (H) Lodging will be reimbursed for out of
hours with an overnight absence from
county, multiday activities.
the city. (I) No sales tax shall be reimbursable to
any person, unless the city is also
Class C. Travel for short or day trips required by law to pay such tax.
when the traveler is not away from
the city overnight. (J) Items specifically disallowed for re-
imbursement purposes:
(2) Travel reimbursements. Reimbursements (i) Alcoholic beverages;
shall be made according to the following
schedule: (ii) Entertainment;
(A) Meals for class B and class C shall be (iii) Any expenses incurred by de-
reimbursed for travel which: pendents;
(i) Begins before 6 a.m. and ex- (iv) Attendance at political rallies;
tends beyond 8 a.m., $8.00 for and
breakfast; or (v) Travel for the specific purpose
(ii) Begins before 12 noon and ex- of promoting the candidacy of
tends beyond 2 p.m., $10.00 for an individual for public office.
lunch; or (K) Other reimbursable expenses:
(iii) Begins before 6 p.m. and ex- (i) Toll charges;
tends beyond 8 p.m. or when (ii) Taxi fares;
travel occurs during nighttime
hours due to special assign- (iii) Parking and storage fees;
ment, $18.00 for dinner. (iv) Fuel for city vehicle;
Supp. No. 12 CD2:22
ADMINISTRATION §2-300
(11111111101'
(v) Common carrier transporta- and may be subject to termination or disciplinary
tion—When required. (Must be action as provided by the city charter, personnel
approved by the city manager); policy or any other applicable policy or law adopted
(vi) Valet parking—When neces- by the city council.
sary;
(vii) Convention registration fees;and (g) Standard procedures.
(viii) Baggage handling at$0.50 per (1) Travel voucher. Travel expense reports,on
bag up to $2.00 upon arrival a form prescribed by the city manager,
and departure. shall be submitted by all individuals per-
forming official travel within ten working
(e) Transportation. days of the individual's return. Each ap-
(1) In no circumstance shall the city vehicle proved travel expense report will be au-
be used for purposes other than autho- dited when received. Individuals request-
rized official travel. ing reimbursement are responsible for
(2) All travel must be a usually traveled mathematical computation. Any report
route. The city manager shall designate which is not approved or properly pre-
the most economical method of travel for pared, or is prepared in such a way as to
each trip. be unauditable, will be returned for
resubmission. Travel authorization and
(3) All employees should utilize municipal all required receipts must be submitted
vehicles when traveling on official busi- with the expense report in order to claim
ness. This requirement insures adequate a reimbursement.
liability coverage in the event of an acci-
dent or injury. In those instances when a (2) Travel advances.
city vehicle is not available, and with the
prior approval of the department head (A) Travel advances for overnight travel
and the city manager,the use of privately must be requested at least two weeks
owned vehicles may be authorized.When- in advance of the departure. An ex
ever travel is by privately owned vehicles, planation as to the reason for travel,
the traveler shall be entitled to a mileage the amount of money and correct
reimbursement at the "standard mileage account to be charged must be indi
rate." The standard mileage rate is set Gated on the request.
annually by the Internal Revenue Ser- (B) No travel advances will be made for
vice. All mileage shall be from point of class C travel. Due to tax implica-
origin to point of destination. tions, reimbursement will be made
(4) Travel reservation for official travel on a to the employee in the payroll follow-
common carrier shall be made through ing submission of approved expense
the city's purchasing division, or other report.
group or individual designated by the city
manager to coordinate travel reserva (C) Any unused portion of money ad
tions. The purchasing division shall in vanced to a traveler shall be repaid
sure that travel is cost-effective and pur-
suant
immediately upon the return of the
suant to all procurement procedures traveler.Any unused advance money
adopted by the city. not repaid within 15 calendar days
after return of the traveler shall
(f) Fraudulent claims. Any individual receiv- accrue interest at the average rate
ing an allowance or reimbursement by means of a currently received on city invest-
false claim shall be liable for the amount of the ments.Any city employee not repay-
overpayment, plus interest at a rate equal to the ing any unused portion of a travel
(ilftr? average rate currently received on investments expense advance within 30 days af-
Supp.No. 12 CD2:23
§2-300 CAPE CANAVERAL CODE
J
ter his/her return will have his/her
salary withheld by the city until
repayment is made.
(D) In instances where a trip should
arise for a member of the city council
that does not provide ample notice to
the council at a public meeting,then,
with a minimum of 24 hours' notice,
the traveler shall request the city
manager to send a memo to the
mayor, each council member, city
attorney and city clerk advising them
of the trip, departure date,justifica-
tion and return date. At the first
regular city council meeting after
return from an official trip,the coun-
cil member shall make a verbal re-
port to the council on the text of the
trip.
(Ord. No. 38-2003, 10-21-03)
3
3
Supp. No. 12 CD2:24
AMUSEMENTS AND ENTERTAINMENTS § 10-87
Le.
Specified anatomical areas means: (6) An offense under F.S. § 877.03 pertaining
(1) Less than completely and opaquely to breach of the peace;
cov-
ered: (7) An offense under F.S. § 893.13 pertaining
to possession or sale of controlled sub-
a. Human genitals or pubic region;
stances; or
b. Any portion of the anal cleft or cleav-
age of the male or female buttocks. (8) An offense under F.S. § 849.09(2), 849.10
Attire which is insufficient to comply or 849.25(3) pertaining to gambling.
with this requirement includes, but Specified sexual activities means:
is not limited to, G-strings, T-back
bathing suits, thong bikinis, dental (1) Human genitals in a state of sexual stim-
floss or any other clothing or cover- ulation, arousal or tumescence;
ing that does not completely and (2) Acts of human analingus, bestiality, bug-
opaquely cover the anal cleft or cleav-
gery,cunnilingus,coprophagy,coprophilia,
age of the male or female buttocks; fellation,flagellation,masochism,mastur-
c. The portion of the human female bation,necrophilia,pederasty,pedophilia,
breast directly or laterally below a sadism, sadomasochism, sapphism, sex-
point immediately above the top of ual intercourse, sodomy, urolagnia or
the areola with less than a fully zooerasty;
opaque covering.This definition shall (3) Fondling or other erotic touching of hu-
include the entire lower portion of man genitals, pubic region, buttock, anus
the human female breast, including or female breast; and
cive the areola and nipple, but shall not
include any portion of the cleavage (4) Excretory functions as part of or in con-
nection the human female breast exhib- nection with any of the activities set forth
ited by a dress, blouse, shirt leotard, in subsections (1) through (3) of this def-
bathing suit or other clothing, pro- inition.
vided the areola is not exposed. Straddle dance, lap dance or face dance means
(2) Human male genitals in a discernibly the use by an employee,whether clothed or not,of
turgid state, even if completely and any part of his body to massage, rub, stroke,
opaquely covered. knead,caress or fondle the genital or pubic area of
a patron, while on the premises, or the placing of
For purposes of this definition, body paint, the genital or pubic area of an employee in contact
body dye, a tattoo, latex or any similar substance with the face of a patron, while on the premises.
shall not be considered an opaque covering.
Violation of this article means a violation of any
Specified criminal act means the following: section of this article as found by a jury or any
(1) A violation of this article; other trier of fact. All violations occurring on the
same day prior to an arrest or the issuance of a
(2) An offense under F.S. ch. 800 pertaining notice to appear shall be considered as a single
to lewdness, indecent exposure; violation.
(3) An offense under F.S. § 806.01, 806.10, (Code 1981, § 722.11; Ord. No. 46-93, §§ 1, 2,
806.111 or 806.13(2)(c) pertaining to ar 1-4-94; Ord. No. 18 2003, § 3, 9-2-03)
son and criminal mischief; Cross reference—Definitions and rules of construction
generally, § 1-2.
(4) An offense under F.S. ch. 796 pertaining
to prostitution; Sec. 10-87. Authority.
(11111100.° (5) An offense under F.S.§847.013 or 847.014 This article is enacted under the home rule
pertaining to obscenity; power and the police power of the city in the
Supp. No. 12 CD10:9
§ 10-87 CAPE CANAVERAL CODE
J
interest of the public health,peace, safety,morals and person, accompanied by the dis-
and general welfare of the citizens and inhabit- play or exposure of specified anatom-
ants of the city. ical areas;
(Code 1981, § 722.01) b. Where dancers, entertainers, per-
formers or other persons who per-
Sec. 10-88. Scope. form or are presented while display-
This article shall be effective throughout the ing or exposing specified anatomical
city. areas; or
(Code 1981, § 722.03) c. Where straddle dancing occurs.
Sec. 10-89. Purpose. (3) When the activities described in subsec-
tions(1)and(2)of this section are present
The intent of the city council in adopting this in an area of the city, other activities
article is to establish reasonable and uniform which are illegal, immoral or unhealthful
regulations that will reduce the adverse effects tend to accompany them. Such activities
adult entertainment businesses may have upon include but are not limited to prostitu-
the city and to protect the health, safety, morals tion; pandering; solicitation for prostitu-
and welfare of the citizens and inhabitants of the tion; lewd and lascivious behavior; expos-
city. ing minors to harmful materials;
(Code 1981, § 722.05) possession, distribution and transporta-
tion of obscene materials; sale or posses-
Sec. 10-90. Findings of fact. sion of controlled substances; and violent
Based on the findings incorporated in the Jack- crimes against persons and property.These
sonville Municipal Code, chapter 410, Ord. No. illegal, immoral or unhealthful activities
77-257-256, § 1; the Los Angeles Municipal Code, tend to concentrate around and be aggra-
section 12.70,Ord.No. 156509(1982);the Detroit vated by the presence of the activities
zoning ordinance, 66,0000, Ord. No. 742-G § 1, detailed in subsections (1) and (2) of this
10-24-72;the adult entertainment code of Orange section.
County, Florida, chapter 1A, Ord. No. 85-16; and (4) There is a higher incidence of certain
A Summary of a National Survey of Real Estate types of criminal behavior among employ-
Appraisers Regarding the Effect of Adult Book- ees and patrons at establishments en-
stores on Property Values, conducted by the Divi- gaged in adult entertainment than among
sion of Planning, Department of Metropolitan employees at other commercial establish-
Development, Indianapolis, January 1984, the ments.
city council finds as follows:
(5) The concentration within limited areas of
(1) The possession,display,exhibition, distri- the city of business operations and activ-
bution and sale of books, magazines, mo- ities described in subsections(1)and(2)of
tion pictures,prints,photographs,period- this section tends to attract an undesir-
icals,records,novelties and devices which able number of transients, blight neigh-
depict, illustrate, describe or relate to borhoods,adversely affect neighboring busi-
specified sexual activities are businesses ness, lower property values, promote an
that exist or may exist within the city. increase in crime,particularly of the kinds
(2) The operating and maintaining of the detailed in subsection (3) of this section,
following places are businesses that exist and ultimately results in residents and
or may exist within the city: businesses moving to other locations.
a. Where the superficial tissues of one (6) The buildings and establishments in which
person are manipulated, rubbed, the activities and business operations de-
stroked,kneaded or tapped by a sec- scribed in subsections (1) and (2) of this
Supp. No. 12 CD10:10
AMUSEMENTS AND ENTERTAINMENTS § 10-90
section take place are conducive to and
are often used for the commission of im-
moral, lewd, indecent or illegal acts.
(7) The business operations and activities
detailed in subsections (1) and (2) of this
section frequently occur in commercial
establishments either selling or allowing
consumption of alcoholic beverages on the
premises, concurrent with the display of
specified anatomical areas or straddle danc-
ing.
(8) There is a direct relationship between the
concurrent consumption of alcoholic bev-
erages and the activities described in sub-
sections (1) and (2) of this section and an
increase in criminal activities, moral deg-
radation and disturbances of the peace
and good order of the community.
(9) The concurrence of the sale or consump-
tion of alcoholic beverages with the activ-
ities
L
L
Supp. No. 12 CD10:10.1
J
J
J
AMUSEMENTS AND ENTERTAINMENTS § 10-139
‘111101
and surrender of the license or after the Sec. 10-137. Violations.
date of expiration of the license, which-
ever comes first, which is identical in Any person who violates this division or other-
length with the original period of suspen- wise fails to secure a permit as required by this
division shall be prosecuted and punished in
sion. accordance with general law.
(4) Correctional violation. When a license is (Code 1981, § 722.61(g))
suspended for a violation of a health,
building, zoning or fire provision of this Sec. 10-138. Qualifications.
Code,as described in subsection(a)of this
section, the license shall not be reissued Employees of an adult entertainment licensee
until the violation is corrected. on a licensed premises shall not be less than 18
(Code 1981, § 722.37) years of age.
(Code 1981, § 722.61(b))
Sec. 10-125. Records and reports; consent
Sec. 10-139. Application; fee.
by licensee.
(a) All employees of an adult entertainment
Each person licensed under this division shall establishment shall file an application for an
keep such records and make such reports as may adult entertainment permit with the city man-
be required by the city manager to implement this ager.
article and carry out its purpose. By applying for
a license under this division, a person shall be (b) There shall be submitted with each appli-
deemed to have consented to this article and to cation for a permit proof of the applicant's age.
(lime the exercise by the city manager and other inter- Such proof may be provided by production of the
ested agencies of the powers given by section applicant's driver's license, passport or a certified
10-92 in the manner therein specified. copy of his birth certificate. If the applicant is
(Code 1981, § 722.40) unable to furnish any of such documents, a cer-
tificate from the public school authorities as to
the age of the applicant upon entering school, as
Secs. 10-126-10-135. Reserved. required by F.S. §232.03,or the school authorities
of the state where the applicant enrolled in school
DIVISION 3. PERMIT FOR EMPLOYEES shall be submitted. Upon inability of applicant to
establish a birth date as provided in this subsec-
tion, the birth date may be established in the
Sec. 10-136. Required. order of preference as provided by F.S. § 232.03.
However, uncertified copies of such documents
(a) Unless specifically excluded in subsection shall not be accepted.Any applicant who does not
(b) of this section, it shall be unlawful for any possess a driver's license, passport or certified
person to obtain employment in an establishment copy of his birth certificate may obtain a tempo-
licensed or permitted to operate under this arti- rary permit upon completion of all other require-
cle, for any form of consideration in an establish- ments for an application and submission of a
ment licensed or permitted to operate under this written request to the appropriate authority in
article, unless and until such person shall have his state of birth that certified evidence of his date
first obtained an adult entertainment permit or of birth be provided to the city manager.
temporary permit from the city manager.
(c) Any adult entertainment establishment hold-
(b) This division shall not apply to employees ing a valid adult entertainment license issued
engaged exclusively in performing janitorial or pursuant to this article shall be permitted to
maintenance services. provide its employees with current permit appli-
(Code 1981, § 722.61(a); Ord. No. 18 2003, § 3, cation forms approved by the city manager and to
(4160' 9-2-03) take the photograph of the applicant in a manner
Supp.No. 12 CD10:19
§ 10-139 CAPE CANAVERAL CODE
and with equipment approved by the city man- mit who intends to work in an adult dancing
ager on the express condition that the establish- establishment or a massage establishment to the
ment: county health department. If, in the 30 days
(1) Require the employee to complete the immediately preceding submission of an applica-
application form and be photographed tion, such applicant was a known carrier of any
within one working day of the time the notifiable communicable disease, as defined in
employee begins to work or perform in the chapter 10D-3, Florida Administrative Code, the
establishment; county health department shall notify the city
manager and no permit shall be issued unless and
(2) Mail a notice in writing to the city man- until the applicant presents a statement from a
ager within one working day that the licensed physician certifying that the applicant is
employee has begun to work or perform at free of all notifiable communicable diseases.
the establishment; (Code 1981, § 722.61(c)(4))
(3) Make the employee available for finger-
printing at a time and location to be Sec. 10-141. Temporary permit.
determined by an agent appointed by the At the time an applicant applies for an adult
city manager,at which time and place the entertainment permit and completes all require-
employee shall present to the agent the ments for the issuance of a permit, he shall be
employee's completed application form and issued a temporary permit valid for seven days.
photograph; No later than seven days from the filing of an
(4) On the first Monday of every month pro- application and, if applicable, upon presentation
vide the city manager with a current of the statement of a licensed physician as re-
listing of all employees and their posi- quired in section 10-140, the city manager shall
tions; issue a permit.
(5) In exchange for acceptance of the benefits (Code 1981, § 722.61(c)(5))
provided by this subsection, waive any Sec. 10-142. Issuance; contents.
and all rights to challenge the permit
requirements of this article; (a) The city manager shall issue the applicant
(6) Reimburse the city for reasonable addi a written adult entertainment permit which shall
tional expenses incurred pursuant to this be signed by the city manager and shall bear the
subsection; and name,all aliases,address,sex,age,signature and
photograph of the applicant. The city manager
(7) Be liable for damages to the city of$250.00 shall procure the fingerprints and a photograph of
per day per violation if any employee who the applicant and the names of all entertainment
performs in the establishment is not en- establishments where the applicant is to work or
titled to a permit. perform and shall keep the photograph, finger-
(d) The city manager may request an appli prints and names of all establishments on perma-
cant to provide such additional information as is nent file in his office. The fingerprints, names of
necessary to effect the purposes of this article. establishments and photograph of the applicant
shall be furnished by the applicant at the time of
(e) Each application shall be accompanied by a filing his application.
nonrefundable fee as set forth in appendix B to
this Code. (b) Upon delivery of the permit to the appli-
(Code 1981, § 722.61(c)(2), (3), (6), (8)) cant, the applicant may begin working on the
licensed premises as a permanent employee.
Sec. 10-140. Investigation by county health (c) No permit shall be issued when its issuance
department. would violate a statute, ordinance, law or when
The city manager shall submit the names of an order from a court of law prohibits the appli-
every applicant for an adult entertainment per-
Supp.No. 12 CD10:20
AMUSEMENTS AND ENTERTAINMENTS § 10-168
(1111111/1e
proved source in accordance with chapter 17-22 of forming adult entertainment establishment vol-
the Florida Administrative Code. untarily ceases to do business for a period of 15
(b) Plumbing. Plumbing shall be sized, in- consecutive days, it shall be deemed abandoned
stalled and maintained in accordance with chap and thereafter shall not reopen except in conform-
ter 10D-9 of the Florida Administrative Code and ante with this section.
the county plumbing code. (Code 1981, § 722.42(g))
(c) Restrooms. All toilet facilities must be of Sec. 10-167. Advertising.
readily cleanable design and be kept clean, in
good repair and free from objectionable odors. No person operating an adult bookstore, mas-
Restrooms must be vented to the outside of any sage establishment, adult motion picture theater
building, be equipped with mechanical exhaust
systems and be well lighted. Floors shall be of or adult dancing establishment shall:
impervious,easily cleanable materials.Walls shall (1) Display a sign advertising the presenta-
be smooth, nonabsorbent and easily cleanable. tion of any activity prohibited by state
(Code 1981, § 722.42(f)) law, an ordinance of the county or any
applicable city ordinance.
Sec. 10-166. Distance and dispersal require-
ments. (2) Display a sign capable of leading a rea-
(a) Adult entertainment establishments are sonable person to believe the establish
prohibited within the area circumscribed by a ment engages in an activity prohibited by
circle which has a radius consisting of the follow a state law, an ordinance of the county or
ing distances from the specified uses or zones: any applicable city ordinance.
(1) Within 1,000 feet of any residential zone (3) Erect, install, maintain, alter or operate
(R-1, R-2, R-3). any sign in violation of any applicable
state, county, city law or ordinance.
(2) Within 1,000 feet of any public or private
school. (4) Engage in, encourage or permit any form
(3) Within 1,000 feet of any church or other of personal advertising for the commer-
religious facility or institution. cial benefit of the establishment or for the
commercial benefit of any person who
(4) Within 1,000 feet of any public park. displays or exhibits specified anatomical
(5) Within 1,000 feet of any other adult en- areas within the establishment.
tertainment establishment. (Code 1981, § 722.43)
(b) The distances provided for in subsection(a)
of this section shall be measured by following a Sec. 10-168. Obscenity.
straight line,without regard to intervening build-
ings,from the nearest point of the property parcel Nothing in this article shall be construed to
upon which the proposed use is to be located to allow or permit the possession, distribution and
the nearest point of the parcel of property or the transportation of obscene materials or to autho
land use district boundary line from which the rize the exposing of persons under 17 years of age
proposed land use is to be separated. to motion pictures, exhibitions, shows, represen-
tations and presentations of specified sexual ac-
(c) The distance and dispersal requirements of tivities or persons displaying or exhibiting speci-
this section shall not apply to adult entertain- fled anatomical areas.These matters are preempted
ment establishments existing and operating on to the state and are subject to state regulation,
the effective date of the ordinance from which this and it is not the intent of the city council to
Loe section is derived, but such establishments shall legislate with respect to preempted matters.
be deemed nonconforming. If any such noncon (Code 1981, § 722.13)
Supp.No. 12 CD10:23
§ 10-169 CAPE CANAVERAL CODE
3
Sec. 10-169. Admission of minors. it is licensed under this article, where the em-
Under this article, it shall be unlawful for a ployee knows or should have known that alcoholic
licensee to admit or to permit the admission of beverages are on the premises, to exhibit or
minors within a licensed premises. This article display specified anatomical areas.
shall not apply to conduct the regulation of which (Code 1981, § 722.65; Ord. No. 18-2003, § 3,
has been preempted to the state under F.S. ch. 9-2-03)
847. Sec. 10-173. Straddle dancing.
(Code 1981, § 722.58)
(a) It shall be unlawful for any employee or
Sec. 10-170. Sale to minors. customer or patron of any commercial establish-
ment in the city,whether or not the establishment
Under this article, it shall be unlawful for any
person to sell, barter or give or to offer to sell, is licensed under this article, to perform or par-
barter or give to any minor any service, material, ticipate in a straddle dance while on the premises
device or thing sold or offered for sale by an adult of the commercial establishment. It shall also be
bookstore, adult motion picture theater, massage unlawful for any employee,while on the premises
or within the scope of his employment,to contract
e.�tablishment or adult dancing establishment.
(Code 1981, § 722.59) or agree to perform, for any consideration, a
straddle dance and to actually perform the strad-
Sec. 10-171. Prohibited activities. dle dance, regardless of where such performance
takes place.
(a) Under this article, no employee shall en-
gage in specified sexual activities on the licensed (b) Employers of commercial establishments
premises in the presence of patrons or spectators within the city are responsible for the acts of their
or for any form of consideration. employees. It shall be unlawful for any person
maintaining or operating any commercial estab-
(b) It shall be unlawful for any employee, cus- lishment, regardless of whether it is licensed
tomer or patron of a licensed premises to partici- under this article, to knowingly or with reason to
pate in a straddle dance on the licensed premises. know permit, suffer or allow any employee on the
(c) No employee, while on the licensed pre- premises to perform or participate in a straddle
mises or within the scope of his employment,shall dance.
contract or agree to perform, for any form of (Code 1981, §§ 722.71, 722.72)
consideration, a straddle dance and actually per-
form the straddle dance,regardless of where such Sec. 10-174. Adult bookstore.
performance takes place. In addition to the general requirements con-
(d) It shall be unlawful for a customer or tained in sections 10-163 through 10-167 and
patron of a licensed premises to touch with the section 10-171, an adult bookstore shall observe
hands an employee's breast, pubic area or geni- the following special requirements:
tals, whether the employee is clothed or not. (1) All materials, devices and novelties shall
(e) It shall be unlawful for an employee of a be so displayed that they cannot be seen
licensed premises to touch with the hands a by anyone other than customers who have
customer or patron's breast, pubic area or geni entered the licensed premises.
tals. (2) If recordings are offered for sale and cus-
(Code 1981, § 722.44) tomers may listen to them while on the
licensed premises, soundproof booths or
Sec. 10-172. Exhibit or display of certain an- rooms shall be available for use by cus-
atomical areas by employees or tomers who desire to listen, and each
patrons prohibited. booth or room shall have the following:
It shall be unlawful for any employee of a a. One clear window, facing the major
commercial establishment, regardless of whether portion of the licensed premises,cov-
Supp. No. 12 CD10:24
AMUSEMENTS AND ENTERTAINMENTS § 10-176
L000,
ering not less than one-fourth of the smooth, impervious material with a non-
wall area into which the window is slip surface and shall be covered at the
set, which window shall not be cov- wall junction for thorough cleaning. Par-
ered or obscured in any manner while tition walls shall terminate at least six
the booth or room is in use; inches above the floor or be placed on
b. Sufficient chairs or couches to accom- continuous raised masonry or concrete
modate the expected number of per bases at least four inches high.
sons who will occupy the booth or (3) One shower shall be provided for each 40
room at one time; men or women or fraction thereof, based
(3) The number of persons who may occupy upon the maximum number of persons
the booth or room at one time clearly who are expected to be using shower fa-
stated on or near the door to the booth or cilities at one time, and separate shower
room, and only that number of persons facilities shall be provided for men and
shall be permitted inside the booth or women. Floors and partition walls shall
room at one time; be constructed as required in subsection
(4) The door opening into the booth or room (2) of this section for dressing rooms, and
incapable of being locked or otherwise duckboards or wooden gratings may be
fastened so that it will freely open from used on the shower floor, if duplicate sets
either side; are provided and rotated in use.
(5) All areas where a patron or customer is to (4) One locker shall be provided for each
be positioned visible from a continuous patron who is expected to be on the li-
main aisle and not obscured by any cur-
tain, door, wall or other enclosure; and be of sufficient size to hold clothing and
other articles of wearing apparel. Each
(6) Illumination of all booths by at least one
locker shall be capable of being locked by
25 watt lightbulb and no openings be- the patron, with no one else having the
tween the walls separating the booths. key as long as the patron is using the
(Code 1981, § 722.45) locker or the locker shall be under the
constant attention and supervision of an
Sec. 10-175. Massage establishments. attendant.
In addition to the general requirements con (5) Massages of a person by another person
tained in sections 10-163 through 10-167 and who displays or exhibits specified anatom-
section 10-171, a massage establishment shall ical areas are prohibited.
observe the following special requirements:
(1) Any person seeking a massage establish- (6) No person shall massage the genitals or
ment license under this article shall present pubic area of another person.
to the city manager a state license issued (Code 1981, § 722.46)
pursuant to F.S. ch. 480 at the time a
license under this article is to be issued. Sec. 10-176. Adult motion picture theaters.
No license under this article shall be
issued if the applicant fails to present the In addition to the general requirements con-
state license. tained in sections 10-163 through 10-167 and
section 10-171, an adult motion picture theater
(2) Dressing rooms shall be proportioned to shall observe the following special requirements:
the maximum number of persons who are
expected to be in them at one time, ex- (1) Each adult motion picture booth shall be
eluding attendants and assistants, and open or have a rectangular-shaped
Loof separate dressing rooms shall be provided entranceway not less than two feet wide
for men and women. Floors shall be of a nor less than six feet high.
Supp.No. 12 CD10:25
§ 10-176 CAPE CANAVERAL CODE
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(2) Each adult motion picture booth shall (3) No employee shall engage in any perfor-
have sufficient seats or couches to accom- mance in view of a patron of the establish-
modate the maximum number of persons ment, including erotic dances, unless the
expected to use the booth. The maximum performance occurs on a permanent plat-
number of persons who may occupy a form raised a minimum of 18 inches above
booth shall be stated on or near the the surrounding floor and encompassing
entranceway, and only that number shall an entertainment area of at least 100
be permitted to be in a booth at one time. square feet and at least three feet from a
patron. No patron shall be present on the
(3) All areas where a patron or customer is to platform or within the entertainment area
be positioned must be visible from a con- during performances.
tinuous main aisle and must not be ob-
scured by any curtain, door, wall or other (4) No person maintaining,owning or operat-
enclosure. ing an adult dancing establishment shall
suffer or permit the construction, mainte-
(4) In addition to the sanitary facilities re- nance or use of areas partitioned or
quired by sections 10-163 through 10-166, screened from public view that are de-
there shall be provided within or adjacent signed to be occupied or are commonly
to the common corridor, passageway or occupied alone or together by persons on
area in adult motion picture theaters hav- the premises of such establishment for
ing adult motion picture booths adequate private performances involving the dis-
lavatories equipped with running water, play or exhibition of specified anatomical
hand-cleansing soap or detergent and san- areas.
itary towels or hand drying devices; corn-
(5) No person on the premises of an adult
mon towels are prohibited.
dancing establishment shall be permitted
(5) An adult motion picture theater designed to use or to be present in areas partitioned
to permit viewing by patrons seated in or screened from public view that are
automobiles shall have the motion picture designed to be occupied together or alone
screen so situated or the perimeter of the by persons on the premises of such estab-
licensed premises so screened that the lishment for the display or exhibition of
projected film material may not be seen specified anatomical areas.
from any public right-of-way or residen- (6) Nothing in this article pertaining to adult
tial property. dancing establishments shall be con-
(Code 1981, § 722.47) strued to permit or authorize any acts or
activities therein that are prohibited by
Sec. 10-177. Adult dancing establishment. state law.
(Code 1981, § 722.48; Ord. No. 18-2003, § 3,
In addition to the general requirements con- 9-2-03)
tained in sections 10-163 through 10-167 and
section 10-171, an adult dancing establishment
shall observe the following requirements:
(1) Employees are prohibited from simulat-
ing sexual activity with any patron, spec-
tator, employee or other person on the
premises of an adult dancing establish-
ment.
(2) No employee in an adult dancing estab-
lishment shall engage in the display or
exhibition of specified anatomical areas.
Supp. No. 12 CD10:26
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Chapter 18
CIVIL EMERGENCIES*
Sec. 18-1. Definitions.
Sec. 18-2. Persons authorized to declare emergency.
Sec. 18-3. Emergency powers and measures.
Sec. 18-4. Duration and termination of emergency.
Sec. 18-5. Sale of goods, services or materials at unconscionable prices.
Sec. 18-6. Violations and penalties.
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*State law references—Emergency management,F.S. ch. 252;civil emergencies, F.S. §870.041 et seq.
Supp.No. 12 CD18:1
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CIVIL EMERGENCIES § 18-3
(IIIIIire
Sec. 18-1. Definitions. Sec. 18-3. Emergency powers and measures.
The following words, terms and phrases, when Whenever a civil emergency is declared pursu-
used in this chapter, shall have the meanings ant to section 18-2 of this Code, the council
ascribed to them in this section, except where the resolution or written instrument of the mayor or
context clearly indicates a different meaning: city manager shall set forth the nature of the civil
emergency, any lawful measures deemed neces-
Civil emergency means: sary to preserve and protect the public health,
safety, and welfare, and the duration said mea-
(1) A riot or unlawful assembly characterized sures shall remain in effect.Any measure promul-
by the use of actual force or violence or gated under this section shall have the force and
any threat to use force if accompanied by effect of law.Such measures shall only be effective
immediate power to execute by three or during the state of civil emergency. Such mea-
more persons acting together without au- sures may include, but are not limited to, the
thority of law. following:
(a) Establish curfews, including, but not lim-
(2) Any natural disaster or manmade calam- ited to, the prohibition of or restrictions
ity,including flood,conflagration,cyclone, on pedestrian and vehicular movement,
tornado, hurricane, earthquake or explo- standing and parking, except for the ero-
sion, within the corporate limits of the visions of designated essential services,
city resulting in the death or injury of such as fire, police, emergency medical
persons or the destruction of property to services (including the transportation of
such an extent that extraordinary mea- patients and emergency calls by physi-
sures must be taken to protect the public cians or other approved medical person-
Le health, safety and welfare. nel), and public works services (including
Curfew means a prohibition against any person utility emergency repairs).
or persons walking, running, loitering, standing (b) Utilize all available resources of the city
or motoring upon any alley, street, highway, pub- government as reasonably necessary to
lic property or vacant premises within the corpo- cope with the civil emergency, including
rate limits of the city,except the persons officially emergency expenditures. However, in the
designated to perform duties with reference to the case of a declaration of civil emergency by
civil emergency. the mayor or city manager, such emer-
(Code 1981, § 605.01) gency expenditure shall not exceed
Cross reference—Definitions and rules of construction $50,000.00.
generally, § 1-2.
(c) Declare certain areas of the city off limits
and closed to all nonessential personnel.
Sec. 18-2. Persons authorized to declare (d) Make provisions for the availability and
emergency. use of temporary emergency housing and
The city council shall have the right to declare the emergency warehousing of materials.
a civil emergency by resolution. In the event a (e) Establish an emergency operating center
meeting of the city council cannot be convened to and employee shelter in addition to or in
declare a civil emergency in a timely manner,the place of those provided for in the Brevard
mayor, or in the absence of the mayor, the city County's emergency plan.
manager, shall have the right to declare a civil (f) Establish price controls pursuant to sec-
emergency provided the declaration is in writing. tion 18-5 of this Code.
(Code 1981, § 605.02; Ord. No. 16-2003, § 2,
6-3-03) (g) Confiscate merchandise,equipment,vehi-
Cross references—City council, § 2-26 et seq.; officers
cies, or property needed to alleviate the
Lire and employees, §2-91 et seq.;city manager,§2-101 et seq. emergency.Reimbursement shall be within
Supp.No. 12 CD18:3
§ 18-3 CAPE CANAVERAL CODE
60 days and at customary value charged shall be subject to review by the city council at a
for the items during the 90 days previous regular or special meeting within 24 hours of such
to the emergency. declaration or as soon thereafter as the city coun-
(h) In cooperation with Brevard County emer- cil can convene a meeting. The city council shall
gency management and on behalf of the review the declaration and determine whether a
city, call on the National Guard of the civil emergency exists. If a civil emergency exists,
Army, Coast Guard or other law enforce- the city council shall declare such emergency by
ment divisions as necessary to assist in resolution. In any event, the declaration imposed
the mitigation of the emergency or to help by the mayor or city manager shall immediately
maintain law and order,rescue and traffic terminate at the time the city council makes the
control. determination required by this subsection.
(Ord. No. 16-2003, § 2, 6-3-03)
(i) Activate the statewide mutual-aid sys-
tem.
Sec. 18-5. Sale of goods, services, or materi-
(j) Prohibit or limit the sale,purchase,trans- als at unconscionable prices.
fer, distribution, display, possession, or
exchange of any weapon; except that this (a) During a declared civil emergency, it shall
provision shall not apply to duly autho- be unlawful and a violation of this chapter for a
rized law enforcement officials acting in person or her or his agent or employee to rent or
an official capacity. sell or offer to rent or sell at an unconscionable
(k) Prohibit or limit the sale,purchase,trans- price any goods, services, materials, or essential
fer, distribution, display, possession, ex- commodity within the area for which a civil emer-
change of any alcoholic beverage,flamma- gency is declared.
ble liquid,explosive substance or hazardous
material or substance; (b) During a declared civil emergency, it shall
be unlawful and a violation of this chapter for any
(1) Prohibit or limit any person or persons person to impose unconscionable prices for the
from assembling in public places; and rental or lease of any dwelling unit or self-storage
(m) Prohibit or limit the public's use of public facility within the area for which a civil emer-
facilities including, but not limited to, gency is declared.
parks, government buildings, rights-of-
way, and beaches. (c) A price approved by an appropriate govern-
(Code 1981, § 605.03; Ord. No. 16-2003, § 2, ment agency shall not be a violation of this
6-3-03) section.
Sec. 18-4. Duration and termination of emer- (d) For purposes of this section, the term "un-
gency. conscionable" shall have the same meaning and
evidentiary standard set forth in F.S. § 501.160,
(a) Upon declaration of a civil emergency pur- as amended.
suant to section 18-2 of this Code, the state of (Ord. No. 16-2003, § 2, 6-3-03)
emergency shall commence immediately unless
otherwise provided in the council resolution or
the written instrument of the mayor or city man Sec. 18-6. Violations and penalties.
ager, and shall terminate when the declaration
has been rescinded or terminated by similar res- A violation of any provision of this chapter, or
olution or written instrument. violation of any emergency measure promulgated
under this chapter, by any person, shall consti-
(b) Notwithstanding the provisions in subpara- tute a code violation and be punishable pursuant
graph (a) of this section, any declaration of civil to section 1-15 of this Code.
emergency imposed by the mayor or city manager (Ord. No. 16-2003, § 2, 6-3-03)
swirl
Supp.No. 12 CD18:4
CIVIL EMERGENCIES § 18-7
Sec. 18-7. Authority; governor's; president.
Nothing contained in this chapter shall be
construed to limit the governor's or the president
of the United States' ability to proclaim or termi-
nate a state of emergency within the city.
(Ord. No. 16-2003, § 2, 6-3-03)
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Supp.No. 12 CD18:5
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Chapter 22
COMMUNITY DEVELOPMENT*
Article I. In General
Secs. 22-1-22-25. Reserved.
Article II. Business and Cultural Development Board
Sec. 22-26. Definitions.
Sec. 22-27. Established.
Sec. 22-28. Composition.
Sec. 22-29. Reserved.
Sec. 22-30. Reserved.
Sec. 22-31. Reserved.
Sec. 22-32. Reserved.
Sec. 22-33. Purpose and duties.
Sec. 22-34. Advisory capacity.
Sec. 22-35. Indebtedness.
Article III. Community Appearance Review
Sec. 22-36. Statement of findings and purpose.
Sec. 22-37. Board established;membership; qualifications of members.
Sec. 22-38. Reserved.
Sec. 22-39. Proceedings of the board.
Sec. 22-40. Approval prerequisite for permits.
Sec. 22-41. Compliance with other code provisions.
Sec. 22-42. Procedure.
Sec. 22-43. Notice of approval or denial.
Sec. 22-44. Application criteria.
Sec. 22-45. Concept plans.
Sec. 22-46. Appeals and review.
Sec. 22-47. Building permits; enforcement.
*Cross references—Planning,ch. 58;zoning,ch. 110.
Supp.No. 12 CD22:1
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COMMUNITY DEVELOPMENT §22-33
ARTICLE I. IN GENERAL Sec. 22-32. Reserved.
Editor's note-Ord. No. 12-2003, § 4, adopted July 1,
Secs. 22-1-22-25. Reserved. 2003, deleted section 22-32, which pertained to rules and
procedures and derived from Ord.No.10-99,§1,adopted Sept.
7, 1999.
ARTICLE II. BUSINESS AND CULTURAL
DEVELOPMENT BOARD* Sec. 22-33. Purpose and duties.
Sec. 22-26. Definitions. The business and cultural development board
shall have the purposes and duties to:
The following words, terms and phrases, when
used in this article, shall have the meanings (1) Prepare a commercial redevelopment plan
ascribed to them in this section, except where the and submit the plan for approval to the
context clearly indicates a different meaning: city council. This plan shall analyze exist-
ing conditions and needs pertaining to the
Commerce or commercial pertains to activities city's commerce and determine optimum
in the areas of industry, commerce, business and methods and means of improving those
tourism. conditions and satisfying those needs.The
(Ord. No. 10-99, § 1, 9-7-99) plan shall contain, as a minimum, the
following:
Sec. 22-27. Established. a. A survey of existing commercial en-
The city establishes a business and cultural tities located in the city.
development board in and for the city. b. An inventory of existing vacant space
(Ord. No. 10 99, § 1, 9-7-99) (building and land) suitable for use
in commercial development. This
Sec. 22-28. Composition. shall be coordinated with the plan-
ning and zoning board.
The business and cultural development board
shall consist of five regular members. c. A determination of the commercial
(Ord.No. 10-99, § 1,9-7-99;Ord. No. 12-2003, §4, needs of the citizens of the city that
7-1-03) are presently going unsatisfied or
being met by commercial entities
Sec. 22-29. Reserved. outside the city.
Editor's note-Ord. No. 12-2003, § 4, adopted July 1, d. An analysis of these needs and the
2003,deleted section 22-29,which pertained to term of office preparation of a plan for bringing
and derived from Ord.No. 10-99, § 1,adopted Sept. 7, 1999. new and needed commercial enter-
prises to the city. This plan should
Sec. 22-30. Reserved. also seek methods of enhancing ex-
Editor's note-Ord. No. 12-2003, § 4, adopted July 1, isting commerce presently located in
2003,deleted section 22-30,which pertained to vacancies and our city in an effort to satisfy citizen
derived from Ord.No. 10-99, § 1, adopted Sept. 7, 1999. needs.
Sec. 22-31. Reserved. (2) Implement the council-approved commer-
cial redevelopment plan as directed and
Editor's note-Ord. No. 12-2003, § 4, adopted July 1, funded by the council.
2003, deleted section 22-31, which pertained to removal and
derived from Ord.No. 10-99, § 1, adopted Sept. 7, 1999.
(3) Confer with and advise the city council on
*Cross reference-Boards,committees,commissions,§2- all matters concerning the development of
171 et seq. commerce in the city.
Supp.No. 12 CD22:3
§22-33 CAPE CANAVERAL CODE
14011,
(4) Act as liaison for the city in the area of loans or physical property, including that
public relations with the following: of real or personal nature.Activity in the
a. Cocoa Beach Area Chamber of Com private sector will be limited to estab
merce. lished foundations.
(Ord. No. 10-99, § 1, 9-7-99)
b. Canaveral Port Authority.
c. County Economic Development Coun- Sec. 22-34. Advisory capacity.
cil.
The powers and duties of the business and
d. Other similar organizations or agen cultural development board are of an advisory
cies which, in the opinion of the nature only, and the board shall not have any
business and cultural development powers or duties which conflict with or supersede
board,would be appropriate for such the powers and duties of other city boards.
liaison, and the (Ord. No. 10-99, § 1, 9-7-99)
e. Brevard Cultural Alliance.
(5) Determine from existing commercial en Sec. 22-35. Indebtedness.
terprises in the city and interested out The business and cultural development board
side entities contemplating locating in the shall not incur any debts or enter into any con-
city the appropriate and necessary action tracts or obligations, which would be enforceable
the city should take to enhance and en- against the city, unless prior approval has been
courage the further development of the
city's commerce and coordinate with and obtained from the city council.
advise pertinent officials and boards in (Ord. No. 10-99, § 1, 9-7-99)
the city as to the implementation of this
action. ARTICLE III. COMMUNITY APPEARANCE
(6) Advise the city council and the city man- REVIEW
ager of the advent of any new commercial
activity, i.e., new businesses, significant Sec. 22-36. Statement of findings and pur-
change in existing businesses, etc., in the pose.
city's commerce in order that timely and
appropriate recognition by the city can be (a) The logo of Cape Canaveral,and its accom-
effected. panying motto "Sun, Space and Sea," signifies
Cape Canaveral's unique cultural character and
(7) Cooperate with all community groups, beauty. Indicative of Cape Canaveral's unique-
which are dedicated to orderly commer- ness is its reputation as primarily a residential
cial expansion of the city and furnish waterfront community with beautiful beaches and
them with aid and advice as is deemed scenic ocean vistas, within close proximity to
appropriate. several internationally renown tourist destina-
(8) Generally, encourage in any manner the tions including the Kennedy Space Center and
development of business, commerce, in- several major cruise ship terminals.
dustry and tourism in the city.
(b) In recognition of Cape Canaveral's unique-
(9) Investigate sources of financial assistance ness, the city council has determined that a
available to the city from the governmen- deliberate and conscientious effort must be made
tal or private sector and assist the city as by community leaders, in partnership with archi-
directed by the city council in properly tects, planners, realtors, builders and the citi-
applying and promoting the successful zenry of Cape Canaveral, to protect the general
acquisition of the assistance. For the pur- welfare of the community by preserving and im-
pose of this article, financial assistance proving Cape Canaveral's aesthetic appearance,
may be in the form of grants, low interest beauty,and character,so as to ultimately enhance
Nei
Supp.No. 12 CD22:4
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COMMUNITY DEVELOPMENT § 22-40
the quality of life and civic pride of all people who Some local areas of natural beauty are the beaches,
reside, work, vacation, or spend time in Cape ocean and the Banana River. The vistas and
Canaveral. visual delight of these should only be enhanced.
(Ord. No. 16-95, § 2, 12-19-95)
(c) The facilitator of this effort shall be the
community appearance board whose primary pur- Sec. 22-37. Board established; membership;
pose shall be to encourage uniform architectural qualifications of members.
standards and cohesive community development
consistent with the intent and purpose of this (a) Established. There is hereby established a
article. community appearance board which shall consist
of five members.
(d) The cultural character and beauty of Cape (b) Qualifications. All members shall be qual-
Canaveral involves, among other things, the aes- ified by reason of training or expertise in art,
thetic quality of all one sees in moving about the architecture, community planning, land develop-
entire community. Consequently,the ultimate de- ment,real estate,landscape architecture or other
signers and developers of buildings and struc- relevant business or profession, or by reason of
tures must be informed of the larger context in civic interest so as to be considered a sound judge
which their particular works will be viewed within of the aesthetic effect and impact upon property
the community. The task of the community ap- values, desirability, and the economic, social and
pearance board shall be to provide a mechanism cultural patterns of the community of a proposed
by which proposed new development and modifi- building or structure on surrounding areas.
cations or rehabilitations (of buildings and struc- (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 1-98, § 1,
tures)can be reviewed and approved,in a uniform 2-17-98; Ord. No. 07-2003, § 2, 3-4-03; Ord. No.
Liemanner, so as to be in harmony with the compre- 12-2003, § 4, 7-1-03)
hensive architecturally related policies,objectives
and standards adopted by Cape Canaveral for the Sec. 22-38. Reserved.
overall betterment of the community.
Editor's note—Ord. No. 12-2003, § 4, deleted section
(e) It is recognized by the Florida Supreme 22-38, which pertained to rules of conduct of board business
and derived from Ord. No. 16-95,§2,adopted Dec. 19, 1995.
Court that zoning solely for aesthetic purposes is
not outside the scope of the police power of mu- Sec. 22-39. Proceedings of the board.
nicipal governments,like Cape Canaveral. It has
also been judicially recognized in Florida (and in (a) Meetings shall be held on the first and
other jurisdictions) that the promotion of aes- third Monday of each month unless no business is
thetic beauty also protects property values, tour- presented to the board for a particular meeting.
ism, and other economic interests which Cape The time and place of meetings, and the order of
Canaveral deems vital to the community. business and procedure to be followed at meet-
ings, shall be prescribed by the board.
(f) Zoning is the single most powerful legal (b) The city shall provide administrative, le-
enforcement of an overall urban concept, but gal, architectural and other professional expert
alone it does not create beauty, aesthetic order,or services deemed necessary for the board to per
amenity. The task of the community appearance form its duties and obligations under this article.
board shall be to preserve various elements of (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 12-2003,
urban beauty and require that new projects being § 4, 7-1-03)
developed enhance existing development and the
landscape of the community. Sec. 22-40. Approval prerequisite for per-
(g) The essential foundation of beauty in com- mits.
munities is harmony.The plan for achieving beauty (a) Without exception, all plans, elevations,
L.' must grow out of out special local characteristics proposed signs for buildings or structures and
of site,development and redevelopment potential. exterior building and roof colors within the C-1,
Supp.No. 12 CD22:5
§22-40 CAPE CANAVERAL CODE
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C-2,and M-1 zoning districts,or alterations thereto,
shall be approved by the community appearance
board,or by the city council under limited circum-
stances provided in this article,before a permit is
issued for any building, structure, sign or other
development of property, or appurtenances or
alterations thereto,which have an exterior visual
impact or effect on the community.
(b) Notwithstanding paragraph (a) of this sec-
tion,if the building official determines(at his sole
discretion) that a building permit application is
minor or insignificant, the building official may
grant the permit without submitting the applica-
tion to the community appearance board for ap-
proval, providing the permit is consistent with
the intent and purpose of this article. For pur-
poses of this paragraph, the phrase "minor or
insignificant"shall mean a small scale renovation
or modification project affecting a small site and
having a nominal exterior visual impact and
effect on the community. Any party or person
adversely affected by a decision made by the
building official may appeal such decision to the
community appearance board.
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 04-2003,
§ 2, 2-18-03)
Sec. 22-41. Compliance with other code pro-
visions.
The requirements of this article are deemed
supplemental of, and in addition to, all other
applicable codes adopted by the city including,
but not limited to, the land development regula-
tions, and all fire and building regulations. Ap-
proval of plans and specifications by the commu-
nity appearance board shall be construed only for
the limited purpose of complying with this article,
and in no way shall the applicant construe such
approval as evidence of compliance with any
other applicable city codes and regulations.
(Ord. No. 16-95, § 2, 12-19-95)
Sec. 22-42. Procedure.
(a) Submission of application. All applicants
for a building permit, subject to the provisions of
this article, shall submit to the building official
3
Supp. No. 12 CD22:6
COMMUNITY DEVELOPMENT §22-47
(3) Level 3 review (Change of exterior build- board may appeal the decision to the city council
ing or roof color upon commercial build- in accordance with the following procedures. The
ings or structures within the C-1, C-2, or filing of an appeal under this section stays the
M-1 zoning districts): action of the community appearance board until a
a. Vicinity map locating all zoning clas-
by the city council is rendered.
sifications, including orientation of (a) The aggrieved party may, not later than
all color photographs; ten calendar days after receiving notice of
b. Materials, texture and color board final action by the community appearance
depicting location of colors; and board, file with the city clerk a written
request for an appeals hearing before the
c. Minimum of three color photographs city council.
of site and setting(surrounding area).
(Ord. No. 16-95, § 2, 12-19-95; Ord. No. 04-2003, (b) If a written request is filed within the
§ 2, 2-18-03; Ord. No. 07-2003, § 2, 3-4-03) ten-day limit and as otherwise provided
above, the city council shall consider the
Sec. 22-45. Concept plans. request. The city council shall hear and
make a determination on the appeal within
All concept plans submitted for consideration 30 days from the date the written request
under this article for the new development of for an appeal is received by the city clerk.
unimproved property shall indicate the following The applicant shall be provided notice of
sufficiently: the city council hearing at least seven
(1) Dimensions and orientation of the parcel; days prior to the council hearing.
Lose (2) Location, height and use of buildings, (c) The city council shall hear and consider
structures and encroachments both exist evidence offered by any interested person
ing and proposed; to determine whether the community ap-
pearance board properly denied an appli-
(3) Location and arrangement of manmade cation for approval in accordance with the
and natural ground cover; City Code and city comprehensive plan.
(4) Proposed ingress and egress facilities; The formal rules of evidence do not apply.
(5) A conceptional preliminary landscaping (d) The city council shall grant or deny the
plan; appeal by majority vote in accordance
with the council's quorum requirements
(6) Unusual grading or slopes, if any; contained in the City Charter. Failure to
(7) Location of walls and fences and the indi- reach a majority vote will result in denial
cation of their height and the materials of of the appeal.Any dispute of fact must be
their construction; decided on the basis of a competent and
substantial evidence. The decision of the
(8) Location and size and graphic content of city council is final.
proposed exterior signs, outdoor advertis-
ing or other constructed elements other (e) Judicial review of any final decision un-
than habitable space, if any; der this article shall be available only
after the administrative procedures and
(9) Such other architectural and engineering remedies set forth in this section have
data as may be requested to clarify the been exhausted.
presentation. (Ord. No. 16-95, § 2, 12-19-95; Ord. No. 39-2003,
(Ord. No. 16-95, § 2, 12-19-95) § 2, 11-18-03)
Sec. 22-46. Appeals and review. Sec. 22-47. Building permits; enforcement.
Any person(s) or the city aggrieved by a final Unless otherwise provided by this article, no
decision rendered by the community appearance building permit shall be issued until the commu-
Supp.No. 12 CD22:9
§22-47 CAPE CANAVERAL CODE
nity appearance board has approved the proposed
building or structure's architectural specifica-
tions and design features,pursuant to this article.
Any final plans and specifications that differ
substantially, in the opinion of the building offi-
cial, from the approved application by the com-
munity appearance board shall be resubmitted
prior to the issuance of the building permit. All
approved specifications and design features shall
become a binding condition of,and made a part of,
the building permit(s) secured for the building or
structure associated therewith. The building per-
mit shall be enforced in a manner similar to all
other building permits issued by the city. The city
shall have the right, power and ability to recover
all costs, expenses and reasonable attorney's fees
("costs") incurred as a result of enforcing he
permit.All costs shall be a lien on the property to
which the building or structure is associated from
the date the costs become due until the costs are
paid.The owner of the property shall be obligated
to pay the costs,which obligation may be enforced
by the city by action at law or suit to enforce the
lien in the same manner as the foreclosure of
mortgages.
(Ord. No. 16-95, § 2, 12-19-95) Nts)
3
Supp.No. 12 CD22:10
Lise
Chapter 34
ENVIRONMENT*
Article I. In General
Secs. 34-1-34-25. Reserved.
Article II. Litter
Division 1. Generally
Sec. 34-26. Definitions.
Sec. 34-27. Penalty.
Sec. 34-28. Unlawful disposal.
Sec. 34-29. Litter in public places.
Sec. 34-30. Placement in receptacles.
Sec. 34-31. Sweeping into gutters prohibited.
Sec. 34-32. Merchant's duty to keep sidewalks free of litter.
Sec. 34-33. Throwing by person in vehicle.
Sec. 34-34. Truck loads.
Sec. 34-35. Dropping from aircraft.
Sec. 34-36. Throwing in river or other body of water.
Sec. 34-37. Depositing on occupied private property.
Sec. 34-38. Owner's maintenance of premises.
Lioe, Sec. 34-39. Depositing on vacant lots.
Sec. 34-40. Posting notices prohibited.
Sec. 34-41. Burial of trash,rubble or other debris.
Sec. 34-42. Enforcement.
Sec. 34-43. Abatement; assessment.
Secs. 34-44--34-50. Reserved.
Division 2. Handbills
Sec. 34-51. Throwing or distributing in public places.
Sec. 34-52. Placing on vehicles.
Sec. 34-53. Depositing on uninhabited or vacant premises.
Sec. 34-54. Distribution prohibited where properly posted.
Sec. 34-55. Distribution at inhabited private premises.
Secs. 34-56-34-65. Reserved.
Division 3. Reserved
Sec. 34-66. Reserved.
Sec. 34-67. Reserved.
Sec. 34-68. Reserved.
Sec. 34-69. Reserved
Secs. 34-70-34-90. Reserved.
Article III. Property Maintenance Standards
Sec. 34-91. Definitions.
Sec. 34-92. Authority.
Sec. 34-93. Scope.
*Cross references-Regulations regarding sea turtles,§14-51 et seq.;planning,ch.58;solid waste,ch.62;streets,sidewalks
and other public places,ch.66;traffic and vehicles,ch.74;utilities,ch. 78;buildings and building regulations,ch.82;vegetation,
ch. 102;waterways,ch. 106; zoning, ch. 110;landscaping and vegetation,§ 110-566.
Supp. No. 12 CD34:1
CAPE CANAVERAL CODE
Sec. 34-94. Purpose.
Sec. 34-95. Enforcement.
Sec. 34-96. Standards established.
Sec. 34-97. Duties and responsibilities for maintenance.
Sec. 34-98. Building appearance and maintenance.
Sec. 34-99. Landscape appearance and maintenance.
Sec. 34-100. Sign appearance and maintenance.
Secs. 34-101-34-120. Reserved.
Article IV. Weeds and Dead Vegetation
Sec. 34-121. Intent.
Sec. 34-122. Public nuisances prohibited.
Sec. 34-123. Notice to remedy nuisance.
Sec. 34-124. Reserved.
Sec. 34-125. Reserved.
Sec. 34-126. Remedy by city.
Sec. 34-127. Records.
Secs. 34-128-34-150. Reserved.
Article V. Noise
Sec. 34-151. Declaration of policy to prohibit noise.
Sec. 34-152. Penalties.
Sec. 34-153. Enumeration of prohibited noises.
Sec. 34-154. Construction noise.
Secs. 34-155-34-175. Reserved.
Article VI. Abandoned Property
Sec. 34-176. Definitions.
Sec. 34-177. Entry upon private property authorized.
Sec. 34-178. Penalty.
Sec. 34-179. Additional remedies.
Sec. 34-180. Property abandoned or lost on public property.
Sec. 34-181. Storing,parking or leaving on private property.
Sec. 34-182. Notice to abate.
Sec. 34-183. Code enforcement board hearing procedures.
Sec. 34-184. Compliance with notice or order to remove;removal by city upon
noncompliance.
Sec. 34-185. Notification of owner following removal by city.
Sec. 34-186. Disposition of property removed by city.
Sec. 34-187. Redemption prior to sale by city.
Sec. 34-188. Liability of owner for towing,storage expenses; collection of lien
on private property.
Secs. 34-189-34-205. Reserved.
Article VII. Lights
Sec. 34-206. Definitions.
Sec. 34-207. Policy established.
Sec. 34-208. Penalty.
Sec. 34-209. Spillover lighting standards established.
Sec. 34-210. Exceptions.
Sec. 34-211. Method of measurement.
Appendix A
J
Supp.No. 12 CD34:2
ENVIRONMENT §34-51
Sec. 34-35. Dropping from aircraft. utility pole or shade tree or upon any public
structure or building, except as may be autho-
No person in an aircraft shall throw out, drop rized or required by law.
or deposit within the city any litter, handbill or (Code 1981, § 675.18)
any other object.
(Code 1981, § 675.08) Sec. 34-41. Burial of trash, rubble or other
debris.
Sec. 34-36. Throwing in river or other body
of water. The burial of trash,rubble or debris within the
city is prohibited.
No person shall throw or deposit litter in any (Code 1981, § 675.19; Ord. No. 6-92, § 3, 5-5-92)
river or any other body of water in a park or
elsewhere within the city. Sec. 34-42. Enforcement.
(Code 1981, § 675.09)
Cross reference—Waterways, ch. 106. The terms of this article shall be enforced in
accordance with the provisions of Chapter 2,
Sec. 34-37. Depositing on occupied private Article VI, of the City Code of Ordinances, enti-
property. tled Code Enforcement, and F.S. Ch. 162.
(Ord. No. 24-2003, § 2, 9-2-03)
No person shall throw or deposit litter on any
occupied private property within the city,whether Sec. 34-43. Abatement; assessment.
owned by such person or not, except that the
owner or person in control of private property Under this division, if a property owner does
may maintain authorized private receptacles for not comply with the notice of violation and corre-
L collection in such a manner that litter will be sponding order of the city code enforcement board
prevented from being carried or deposited by the within the time specified,the city may remove the
elements upon any public place or upon any litter or cause the litter to be removed. The city
private property. may charge or assess the property and owner
(Code 1981, § 675.10) with the actual cost of labor performed,materials
furnished and disposal fees. Such amounts shall
Sec. 34-38. Owner's maintenance of pre- constitute an indebtedness of the owner of the
mises. property to the city and shall constitute a lien
against the property which shall be superior in
The owner or person in control of any private dignity to all other liens, except liens for state,
property shall at all times maintain the premises county,and city taxes and liens for special assess-
free of litter. However, this section shall not ments for public improvements.
prohibit the storage of litter in authorized private (Ord. No. 24-2003, § 2, 9-2-03)
receptacles for collection.
(Code 1981, § 675.11) Secs. 34-44-34-50. Reserved.
Sec. 34-39. Depositing on vacant lots.
DIVISION 2. HANDBILLS
No person shall throw or deposit litter on any
open or vacant private property within the city, Sec. 34-51. Throwing or distributing in pub-
whether owned by such person or not. lic places.
(Code 1981, § 675.12)
No person shall throw or deposit any commer-
Sec. 34-40. Posting notices prohibited. cial or noncommercial handbill in or upon any
public place within the city. No person shall hand
No person shall post or affix any notice, poster out or distribute or sell any commercial handbill
(1106.0, or other paper or device, calculated to attract the in any public place. However, it shall not be
attention of the public, to any lamppost, public unlawful on any public place within the city for
Supp.No. 12 CD34:5
§34-51 CAPE CANAVERAL CODE
J
any person to hand out or distribute, without not posted, as provided in this division, such
charge to the receiver thereof,any noncommercial person, unless requested by anyone upon such
handbill to any person willing to accept it. premises not to do so, shall have the authority to
(Code 1981, § 675.13) place or deposit any such handbill in or upon such
inhabited private premises, if such handbill is so
Sec. 34-52. Placing on vehicles. placed or deposited as to secure or prevent such
handbill from being blown or drifted about such
No person shall throw or deposit any commer premises or public places and except that mail-
cial or noncommercial handbill in or upon any boxes may not be so used when prohibited by
vehicle. However, it shall not be unlawful in any federal postal law or regulations. This section
public place for a person to handout or distribute, shall not apply to the distribution of mail by the
without charge to the receiver thereof, a noncom United States or to newspapers.
mercial handbill to any occupant of a vehicle who (Code 1981, § 675.17)
is willing to accept it.
(Code 1981, § 675.14)
Secs. 34-56-34-65. Reserved.
Sec. 34-53. Depositing on uninhabited or va-
cant premises. DIVISION 3. RESERVED*
No person shall throw or deposit any commer-
cial or noncommercial handbill in or upon any Secs. 34-66-34-90. Reserved.
private premises which are temporarily or contin-
uously uninhabited or vacant.
(Code 1981, § 675.15) ARTICLE III. PROPERTY MAINTENANCE
STANDARDSt
Sec. 34-54. Distribution prohibited where
properly posted. Sec. 34-91. Definitions.
No person shall throw, deposit or distribute The following words, terms and phrases, when
any commercial or noncommercial handbill upon used in this article, shall have the meanings
any private premises if requested by anyone ascribed to them in this section, except where the
thereon not to do so or if there is placed on the context clearly indicates a different meaning:
premises in a conspicuous position near the en-
trance thereof a sign bearing the terms, "no Aesthetic means pertaining to beautification
trespassing," "no peddlers or agents," "no adver- and good appearance through design, quality,
tisements"or any similar notice indicating in any maintenance and good upkeep.
manner that the occupants of the premises do not
desire to be molested or have their right of privacy Appearance means the outward aspect visible
disturbed or to have any such handbills left upon to the public.
such premises.
(Code 1981, § 675.16) Appurtenances means the visible, functional
objects or accessories to and parts of a building.
Sec. 34-55. Distribution at inhabited pri- *Editor's note—Ord. No. 24-2003, § 2, deleted in their
vate premises. entirety the§§34-66-34-69,which comprised div.3,formerly
titled abatement. Section 34-66 pertained to complaints; re-
No person shall throw, deposit or distribute ports and derived from Code 1981, § 675.20; section 34-67
any commercial or noncommercial handbill in or pertained to notice and order for removal from private prop-
upon private premises which are inhabited, ex- erty and derived from Code 1981, § 675.21; section 34-68
cept by handing or transmitting any such hand- pertained to failure to comply with notice and order and
derived from Code 1981,§675.22;and section 34-69 pertained
bill directly to the owner, occupant or other per-
to waiver of rights by property owner; removal at city's costs
son present in or upon such private premises. and derived from Code 1981, §675.23.
However, if the inhabited private premises are (Cross reference—Code enforcement, ch. 2,art.VI.
Supp. No. 12 CD34:6
ENVIRONMENT §34-95
Blighting means any cause of destruction or Sec. 34-93. Scope.
ruin; to cause to wither or decay. This article shall be effective throughout the
Deterioration means the condition or appear- city.
ance of a building or parts thereof showing evi- (Code 1981, § 652.03)
dence of physical decay, neglect, excessive use or
lack of maintenance. Sec. 34-94. Purpose.
Encroachment means entering by gradual steps (a) The intent of the city council in adopting
into the possessions or rights of others. this article is to establish reasonable and uniform
regulations on the appearance of public areas,
Family means an individual or a group of business establishments and residential commu-
persons related to each other by blood or marriage nities within the city.
or a group of not more than four adults who are
not necessarily so related, living together under (b) Good community appearance is the product
one roof as a single household unit. of orderly and harmonious relationships existing
between manmade objects and nature. Appear-
Filth means foul matter; unsanitary condi- ance has a direct bearing on the economic value of
tions; offensive or disgusting. property. When the appearance of public areas,
Infestation means the presence of insects, ter- business establishments and residential commu-
mites, rodents, vermin or other pests on the nities is good, business people, homeowners and
premises which constitute a health or structural industrial developers tend to have a strong confi
hazard. dence in the community.Poor appearance,conges-
tion and lack of proper maintenance bring about
Landscape means elements of nature and blight, decay, decreased property values, loss of
manmade objects combined in relation to one revenues and decreased community confidence.
another.
(c) People are intensely aware of and affected
Nuisance means everything that endangers life by bad design or lack of attention to it. Poor
or health, gives offense to senses, violates the quality of design in the exterior appearance of
laws of decency or obstructs reasonable and corn- buildings or in the development and maintenance
fortable use of property. of structures, landscaping, signs and general ap-
pearance affect the desirability of immediate and
Obnoxious means very unpleasant, objection neighboring areas for residential,business,indus-
able and offensive. trial or other uses.Further,it impairs the benefits
Screening means a structure or planting which of occupancy in existing property, prevents the
conceals from public view the area behind such most appropriate development of such areas and
structure or planting. produces undesirable conditions affecting health,
safety, comfort and general welfare of the inhab-
Topography means the physical characteristics itants of the city.
of land.
(Code 1981, § 652.09) (d) It is the purpose of this article to prevent
Cross reference—Definitions and rules of construction the harmful effects that poor exterior property
generally,§ 1-2. appearance can cause in the city and thus to
promote and protect the public confidence and
Sec. 34-92. Authority. prosperity and to conserve the value of property.
This article is enacted under the home rule (Code 1981, § 652.05)
power and the police power of the city in the Sec. 34-95. Enforcement.
interest of public health, peace, safety and gen-
eral welfare of the citizens and inhabitants of the The code enforcement officer and code enforce-
city. ment board shall enforce this article.
(fitsioe (Code 1981, § 652.01) (Code 1981, § 652.07)
Supp.No. 12 CD34:7
§34-96 CAPE CANAVERAL CODE
Sec. 34-96. Standards established.
(a) Continued good appearance depends on the
extent and quality of maintenance. Maintenance
and upkeep are required for all the land improve-
ments within the city. Lawns and planting re-
quire considerably more periodic attention than
do buildings, nonetheless both require mainte-
nance in order to retain a good appearance.
(b) The owner of every single-family or multiple-
family dwelling, commercial or industrial prop-
erty or his appointed agent and any occupant,
operator, tenant or anyone otherwise using the
property in any form or manner shall be respon-
sible for maintaining the exterior in a clean,
sanitary and safe condition.All parts thereof shall
be maintained in good repair and shall be capable
of performing the function for which such struc-
ture or part of any feature thereof was designed or
intended to be used.
(c) Exterior property areas in the front yard
shall be free of clotheslines or other outside meth-
ods of drying clothing or other materials.
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Supp.No. 12 CD34:8
ENVIRONMENT §34-181
‘1111101
Inoperable motor vehicle means a motor vehicle the enforcement authority in the discharge of
which is unusable for its intended purpose or duties provided for in this article shall be punish-
incapable of operating under its own power due to able as provided in section 1-15.
extensive damage, disassembly, deterioration, or (Ord. No. 7-93, § 1(610.25), 4-20-93)
the existence of trash or undergrowth in or around
the motor vehicle indicating disuse. The absence Sec. 34-179. Additional remedies.
of a license plate for the current year and/or the In addition to the provisions of this article, any
absence of a current motor vehicle registration person who has violated any of the provisions of
shall be prima facie evidence that such motor this article shall be subject to all provisions re
vehicle is inoperable. This definition shall not garding enforcement of ordinances contained in
apply to motor vehicles owned or leased by an this Code, including the remedies provided by
automobile dealer,provided that such dealer shall section 2-246 et seq.
possess a current, valid occupational license and (Ord. No. 7-93, § 1(610.23), 4-20-93)
the vehicles are stored on property which is
properly zoned and approved for use as an auto Sec. 34-180. Property abandoned or lost on
mobile dealership.
public property.
Motor vehicle means a vehicle or conveyance Any abandoned property or lost property present
which is self-propelled and designed to travel on public property shall be taken into custody by
along the ground, and includes, but is not limited law enforcement personnel and disposed of in
to,automobiles,buses,mopeds,motorcycles,trucks, accordance with F.S. ch. 705 or any successor law
tractors,go-carts,golf carts,campers,motor homes or statute.
and trailers. (Ord. No. 7-93, § 1(610.03), 4-20-93)
L Private property means any real property within
the city which is privately owned and which is not Sec. 34-181. Storing, parking or leaving on
defined in this section as public property. private property.
Public property means any property in the city (a) No person shall park,store,leave or permit
which is owned by a governmental body and the storing or leaving of any abandoned property
buildings, parking lots, parks, streets, sidewalks, or inoperable motor vehicle of any kind, whether
attended or not,upon any private property within
swales, rights-of-way, easements and other simi
lar property, except paved portions of rights-of-
swales,
ights of- the city;except that,with respect to an inoperable
motor vehicle, such vehicle may be parked, stored
way. or left on the property for a period of time not to
(Ord. No. 7-93, § 1(610.01), 4-20-93; Ord. No. exceed 72 hours.The presence of such abandoned
25-2003, § 2, 9-2-03)
property,and inoperable vehicles,or parts thereof,
Cross reference—Definitions and rules of construction
generally, § 1-2. on private property is hereby declared a public
nuisance which may be abated in accordance with
Sec. 34-177. Entry upon private property au- the provisions of this article.
thorized. (b) Required screening for inoperable or aban-
The enforcement authority shall be immune
doned motor vehicles.
from prosecution,civil or criminal,for reasonable, (1) Any inoperable motor vehicle parked or
good faith trespass upon real property while in stored within a carport or in a building
the discharge of duties imposed by this article. that is not fully enclosed and which is
(Ord. No. 7-93, § 1(610.21), 4-20-93) visible from the right-of-way or other pub-
lic or private property shall be completely
Sec. 34-178. Penalty. covered with an opaque covering made of
either vinyl,nylon,chamois, or other sim-
Whoever opposes, obstructs or resists the en-
forcement authority or any person authorized by and is commercially intended to be used
Supp.No. 12 CD34:15
§34-181 CAPE CANAVERAL CODE
as an outdoor protective cover.Each cover cannot be delivered to the owner or occupant, a
shall display a solid and uniform, neutral copy of the notice shall be left at the property,
or earth tone color and be securely fas- with a duplicate copy sent to the owner or occu-
tened to the inoperable motor vehicle at pant of the property by certified mail, return
all times, except when such vehicle is receipt requested.
being actively repaired. Neutral or earth
tone colors include white,brown,grey and (b) Contents. The notice shall contain the re
black. All coverings must provide suffi quest for removal within the time specified in
tient screening so as to prevent ordinary subsection (a) of this section and the notice shall
viewing of any inoperable motor vehicle advise that upon failure to comply with the notice
from adjacent public and private property. of removal the enforcement authority shall under-
take such removal, with the cost of removal to be
(2) Any motor vehicle parts that are disman- levied against the owner or occupant of the prop-
tled or disassembled and waiting to be erty. The notice shall also advise the person to
attached or assembled to a motor vehicle whom the notices are applicable of his right to
may be stored temporarily in a carport or contest the determination of the enforcement au-
in a building that is not fully enclosed, thority that a violation under this article exists by
provided that such motor vehicle parts requesting a hearing before the code enforcement
are necessary to perform active repairs on board and that, if such a hearing is desired, the
an inoperable motor vehicle. Where an request can be made by filing a written request
inoperable motor vehicle is not being ac- with the code enforcement board secretary. A
tively repaired, storage of motor vehicle request for a hearing must be made within the
parts is prohibited within a carport or in a time for removal set forth in subsection(a)of this
building that is not fully enclosed and section.
which are visible from the right-of-way or (Ord. No. 7-93, § 1(610.07), 4-20-93)
other public or private property.
(3) For the purposes of this section, the term Sec. 34-183. Code enforcement board hear-
"active repairs"or"actively repaired"shall ing procedures.
mean the active and diligent repair of any (a) Setting date; notice. Upon receiving a re-
inoperable motor vehicle by any person or quest for a hearing g pursuant to this article, the
persons. It shall be presumed that a mo-
code enforcement board secretary shall set the
tor vehicle is not being actively repaired
hearing before the next regular meeting of the
when no person is observed making any
code enforcement board. Notice of the hearing
repair or repairs. shall be given to the person requesting the hear-
(Ord. No. 7-93, § 1(610.05), 4-20-93; Ord. No. ing and to the enforcement authority. No other
25-2003, § 2, 9-2-03)
notices are required.A request for hearing under
Sec. 34-182. Notice to abate. this section stays all enforcement proceedings
until an order of the code enforcement board is
(a) Issuance. Whenever it comes to the atten- entered.
tion of the enforcement authority that any nui (b) Conduct. Hearings under this article shall
sance as defined in section 34-181 appears to exist
on private property, he shall cause a written be conducted under and governed by the proce-
notice to be affixed to the property, declaring the dures set forth in section 2-246 et seq.
existence of the nuisance and ordering whoever (c) Board determination. The code enforce-
has an interest in the property to comply with this ment board shall determine either that there
article by removing the abandoned property or exists a nuisance or that there does not exist a
inoperable vehicle within 72 hours of the notice. nuisance. With reference to hearings under this
In addition to the foregoing notice, a copy of the article, the code enforcement board has no other
notice shall be delivered to the owner or occupant authority and is not authorized to modify or vary
of the private property; if a copy of the notice the terms and conditions contained in this article.
Supp. No. 12 CD34:16
ENVIRONMENT §34-184
(d) Issuance, filing of board order. The code
enforcement board shall issue a written order,
either finding the existence of a nuisance or
finding that a nuisance does not exist.
(Ord. No. 7-93, § 1(610.09), 4-20-93)
Sec. 34-184. Compliance with notice or or-
der to remove; removal by city
upon noncompliance.
Within the time for removal set forth in the
notice for removal, or within 48 hours of the date
on which an order is entered by the code enforce-
ment board affirming the determination of the
enforcement authority, the owner of the aban-
doned property or inoperable vehicle and the
owner or occupant of the private property on
which the same is located, either or all of them,
shall cause the removal of the vehicle. If the
violation is not remedied within the time set forth
in this section, the enforcement authority shall
have the right to take possession of the aban-
doned property or inoperable vehicle and remove
it from the premises. In the event of removal and
Live disposition of the abandoned property or inoper-
able vehicle by the enforcement authority, the
owner of the abandoned property or inoperable
vehicle and the owner and occupant of the private
property from which the abandoned property or
inoperable vehicle is removed shall be jointly and
severally liable for the expenses incurred in so
doing. It shall be unlawful for any person to
interfere with, hinder or refuse to allow the en-
forcement authority to enter upon private prop-
erty for the purpose of removing the abandoned
property or inoperable vehicle under the provi-
sions of this article.
(Ord. No. 7-93, § 1(610.11), 4-20-93)
L
Supp.No. 12 CD34:16.1
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Lire
Chapter 38
FIRE PREVENTION AND PROTECTION*
Article I. In General
Sec. 38-1. Penalty.
Sec. 38-2. Fire safety fees.
Sec. 38-3. Fire inspectors designated as city code inspectors.
Sec. 38-4. Restriction on storage and dispensing of flammable materials and
liquids.
Sec. 38-5. Restriction on the use of bottled gas;permit required.
Sec. 38-6. Doors to businesses or public halls.
Sec. 38-7. Smoke detectors to have battery backup.
Secs. 38-8-38-25. Reserved.
Article II. Fire Prevention Codes
Sec. 38-26. Florida Fire Prevention Code-Adopted.
Sec. 38-27. Same-Inspector.
Sec. 38-28. Life Safety Code-Adopted.
Sec. 38-29. Same-Fire inspector.
Sec. 38-30. Reserved.
Sec. 38-31. Administrative authority or official.
Sec. 38-32. Lockboxes required.
Sec. 38-33. Private entry gates.
Sec. 38-34. Conformance.
Loof Secs. 38-35-38-55. Reserved.
Article III. Fire Department
Sec. 38-56. Fire protection services;emergency medical services.
Sec. 38-57. Volunteer fire department.
Sec. 38-58. Duties of fire chief.
Secs. 38-59-38-80. Reserved.
Article IV. Fireworks
Sec. 38-81. Definitions.
Sec. 38-82. Public displays authorized.
Sec. 38-83. Application for permit;fee.
Sec. 38-84. Investigation of applicant;issuance or denial of permit.
Sec. 38-85. Operators.
Sec. 38-86. Insurance.
Sec. 38-87. Storage of materials.
Sec. 38-88. Attending firefighters.
Sec. 38-89. Reserved.
Article V. Hazardous Materials and Substances
Sec. 38-90. Definitions.
Sec. 38-91. Cleanup and abatement.
Sec. 38-92. Reserved.
Sec. 38-93. Cost recovery;penalties; other remedies.
*Cross references-Impact fees,§2-231 et seq.;code enforcement,ch.2,art.VI;alarm systems,§30-26 et seq.;buildings and
L building regulations,ch. 82.
State law reference-Fire prevention and control, F.S. ch. 633.
Supp.No. 12 CD38:1
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J
FIRE PREVENTION AND PROTECTION §38-58
38-30, it shall be construed to mean the fire chief Sec. 38-34. Conformance.
of the city or his or her authorized representative. All private gates erected within the city limits
(Code 1981,§621.02;Ord.No.24-96, § 1, 12-3-96) shall conform to this chapter. Every private entry
gate lawfully permitted at the time of the adop-
Sec. 38-32. Lockboxes required. tion of this chapter, which violates or does not
(a) Lockboxes are required on structures that conform to this chapter, shall be removed, or
are required to have fire department alarm sys altered, or replaced, so as to conform with this
tems and on multifamily residences having en chapter within one year from the effective date of
closed common areas to which the fire depart Ordinance Number 12 96.
ment, in an emergency, may need to gain access. (Ord. No. 12-96, § 2, 8-6-96)
The public safety keybox system shall contain Secs. 38-35-38-55. Reserved.
keys for elevator return and door opening, eleva-
tor rooms, fire alarm box room, electrical rooms
and any other keys necessary for the fire depart- ARTICLE III. FIRE DEPARTMENT*
ment to gain access to common areas or through
common areas to individual units. The keybox Sec. 38-56. Fire protection services; emer-
system shall not require keys of individual units. gency medical services.
(b) The keybox system may be surface mounted The city shall contract with the Cape Canaveral
or flush mounted in an easily accessible location, Volunteer Fire Department,Inc.,for the provision
and the fire department shall maintain posses- of fire protection and emergency medical services
sion of the only key. If locks are changed in any of within the city, unless otherwise provided in ac-
(101001
rooms mentioned in subsection (a) of this cordance with the City Charter. The city may
section, the fire department shall be notified however, enter into mutual aid agreements with
immediately. All keybox systems must be ap any municipality, Brevard County, or private or
proved by the fire chief. federal agency for the purpose of supplementing
(Code 1981, § 621.03) the fire protection services provided by the Cape
Canaveral Volunteer Fire Department, Inc.
Sec. 38-33. Private entry gates. (Ord. No. 15-2003, § 2, 6-3-03)
Private entry gates shall be permitted within Sec. 38-57. Volunteer fire department.
the city as long as they meet the following: The city may support and assist the Cape
(1) The gates do not interfere with the 20 feet Canaveral Volunteer Fire Department, Inc. Such
of unobstructed access which is required support and assistance shall be defined and pro-
under the Fire Prevention Code. vided for within the contract for services, as may
be amended, between the city and the Cape
(2) The private entry gates shall be siren Canaveral Volunteer Fire Department, Inc.
activated for emergency vehicles. (Laws of Fla., ch. 63-1197, art. XIV, § 2; Ord. No.
(3) Private entry gates shall provide for ac- 15 2003, § 2, 6-3-03)
cess by nonemergency fire department
vehicles by use of a Knox switch. Sec. 38-58. Duties of fire chief.
(4) Private entry gates shall provide for emer (a) It shall be the duty of the fire chief to:
gency vehicle access during periods of (1) Attend such meetings of the city council
power outages without delay. Private en- as required by the city council;
try gates shall open when power fails and
*Charter reference—Referendum required for certain
remain open until power is restored. fire protection services other than volunteers,art.XIV,§4.
(Ord.No. 12-96, § 1,8-6-96;Ord.No. 13-2002, §4, Cross references—Officers and employees,§2-91 et seq.;
Lre 8-20-02) alarm systems,§30-26 et seq.
Supp. No. 12 CD38:7
§38-58 CAPE CANAVERAL CODE
(2) Aid in the enforcement of all applicable resolution of the city council and set forth in
laws and city ordinances relating to the appendix B to this Code, plus the cost of the
prevention and extinguishment of fires firefighters required under section 38-88.
and the protection of life and property (Ord. No. 3-93, § 1(602.05), 3-16-93)
within the limits of the city and execute
all papers and processes of the city or its
authorities relating thereto; and Sec. 38-84. Investigation of applicant; issu-
ance or denial of permit.
(3) Perform such other duties as may be
lawfully required by law or lawfully as- It shall be the duty of the fire chief to make an
signed by the city council or city manager. investigation as to whether the public display as
proposed by the applicant for a permit pursuant
(b) The Cape Canaveral Volunteer Fire Depart- to this article is of a character and the display is
ment, Inc., shall appoint a lawfully qualified in a location and the manner of discharge or
individual to serve as fire chief who shall have firing, in the opinion of the fire chief after proper
and exercise control over the fire department. inspection, shall not be hazardous to property or
(Laws of Fla., ch. 63 1197, art. XIV, § 3; Ord. No. endanger any person. The fire chief shall inform
15-2003, § 2, 6-3-03)
the city treasurer of the results of his investiga-
tion. The fire chief may require the applicant for
Secs. 38-59-38-80. Reserved. the permit to make such changes in the character,
location and method of discharging and firing as
ARTICLE IV. FIREWORKS* deemed by the fire chief to be in the interest of
public safety as a condition to approving the
permit application. The permit shall be for a
Sec. 38-81. Definitions. period of time designated on the permit,but shall
be for not more than the one day intended for the
For purposes of this article, "fireworks" shall public display or a date to which the display is
have the meaning and be subject to the exceptions postponed because of inclement weather condi-
and exclusions provided in F.S. § 791.01. tions. The permit shall be nontransferable. If the
(Ord. No. 3 93, § 1(602.01), 3-16-93)
application is denied by the fire chief, he shall
Cross reference—Definitions and rules of construction
generally,§ 1-2. notify the applicant of the denial in writing. No
public display of fireworks shall be of such a
character and so located,discharged,or fired as to
Sec. 38-82. Public displays authorized.
be hazardous or dangerous to persons or property,
Public displays of fireworks shall be permitted and this determination shall be within the sound
within the city only upon the conditions specified discretion of the fire chief after proper inspection
in this article. of the public property.
(Ord. No. 3-93, § 1(602.03), 3-16-93) (Ord. No. 3-93, § 1(602.07), 3-16-93)
Sec. 38-83. Application for permit; fee. Sec. 38-85. Operators.
Any person planning to make a public display The persons handling the display of the fire-
of fireworks shall first make written application works pursuant to this article shall be competent
for a permit to the city treasurer at least 30 days persons over the age of 18 years and experienced
in advance of time of the proposed display.The fee pyrotechnic operators approved by the fire chief
for the city permit shall be as established by and the chief of police or the county sheriffs
*Cross references—Code enforcement, § 2-246 et seq.; precinct supervisor for the city, as the case may
offenses and miscellaneous provisions,ch. 50. be. No person not approved by the fire chief and
State law reference—Fireworks,F.S.ch. 791. chief of police or the county precinct supervisor
Supp.No. 12 CD38:8
FIRE PREVENTION AND PROTECTION §38-86
shall handle fireworks at the public display. The
names of the approved operators shall be desig-
nated on the permit when issued.
(Ord. No. 3-93, § 1(602.09), 3-16-93)
Sec. 38-86. Insurance.
The applicant for a public display permit shall,
at the time of making application, furnish proof
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LAW ENFORCEMENT §42-26
ARTICLE I. IN GENERAL
Secs. 42-1-42-25. Reserved.
ARTICLE II. POLICE DEPARTMENT*
Sec. 42-26. Duties of chief of police and/or
precinct supervisor.
(a) It shall be the duty of the chief of police
and/or precinct supervisor to:
(1) Attend meetings of the city council as
directed by the city council;
(2) Aid in the enforcement of order and aid in
the enforcement of laws and city ordi-
nances;
(3) Execute all papers and processes of the
city or its authorities;
(4) Perform such other duties as may be
lawfully required by law or lawfully as-
signed by the city council or city manager.
(b) Subject to the authority and instructions of
the city council,the chief of and/or precinct super-
visor shall have and exercise control over the
police department.
(Laws of Fla., ch. 63-1197, art. XIII, § 3; Ord. No.
14-2003, § 2, 6-3-03)
*Cross references—Officers and employees, § 2-91 et
seq.;alarm systems, §30-26 et seq.
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Chapter 46
LIBRARY*
Article I. In General
Sec. 46-1. Established.
Secs. 46-2-46-25. Reserved.
Article II. Library Board
Sec. 46-26. Created.
Sec. 46-27. Expenditures.
Sec. 46-28. Reserved.
Sec. 46-29. Reserved.
Sec. 46-30. Meetings.
Sec. 46-31. Liability of city limited.
Sec. 46-32. Reports to council.
Sec. 46-33. Indebtedness.
*Cross references—Impact fees, §2-231 et seq.; possession of alcoholic beverages on streets, alleys, sidewalks and parking
areas restricted, §6-51;streets, sidewalks and other public places,ch. 66.
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LIBRARY §46-33
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ARTICLE I. IN GENERAL Sec. 46-31. Liability of city limited.
The city shall not be liable in any way for any
Sec. 46-1. Established. acts done or undertakings begun or duties and
There is established in the city a public library liability made, assumed or created by the library
board, unless it shall first obtain from the city
for the use and enjoyment of the citizens and council its approval.
residents of the city and the adjoining environs, (Code 1981, § 253.04)
including the county,which shall be known as the
Cape Canaveral Public Library. Sec. 46-32. Reports to council.
(Code 1981, § 253.01)
(a) The library board shall, on or before the
second Monday in June in each year, make a
Secs. 46-2-46-25. Reserved. report to the city council of the condition of their
trust on June 1 in such year, showing the follow-
ARTICLE II. LIBRARY BOARD* ing:
(1) All moneys received or expended;
Sec. 46-26. Created. (2) The number of books and periodicals on
There is created a library board to consist of
hand;
five members. (3) Newspapers and current literature sub-
(Code 1981, § 253.02(A); Ord. No. 51-93, § 1, scribed for or donated to the reading room
1-4-94) department;
(4) The number of books and periodicals or-
Sec. 46-27. Expenditures. dered by purchase,gift or obtained during
the year and the number lost or missing;
The library board shall have exclusive control
of expenditures of all monies collected or donated (5) The number of visitors attending;
to the credit of the library fund. (6) The number of and character of books
(Code 1981, § 253.02(B); Ord. No. 12-2003, § 5, loaned or issued; and
7-1-03) (7) Such statistics, information and sugges-
tions as they may deem of general inter-
Sec. 46-28. Reserved. est or as the city council may require.
Editor's note—Ord. No. 12-2003, § 5, adopted July 1, (b) The report shall be verified by affidavit of
2003,deleted section 46-28,which pertained to amendment of the proper officers of the board.
bylaws and derived from Code 1981, §253.10.
(Code 1981, § 253.09)
Sec. 46-29. Reserved. Sec. 46-33. Indebtedness.
Editor's note—Ord. No. 12-2003, § 5, adopted July 1,
2003, deleted section 46-29, which pertained to vacation of The library board shall not incur any debts or
office. enter into any contracts or obligations which
would be enforceable against the city,unless prior
Sec. 46-30. Meetings. approval has been obtained from the city council.
(Code 1981, § 251.05)
The library board shall meet not less than
twice a year, and more often if necessary to carry
into effect and operation its duties and powers.
(Code 1981, § 253.03)
*Cross reference—Boards,committees,commissions,§2-
171 et seq.
Supp.No. 12 CD46:3
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Lirol
Chapter 50
OFFENSES AND MISCELLANEOUS PROVISIONS*
Sec. 50-1. State misdemeanor acts adopted,penalty.
Sec. 50-2. Reserved.
Sec. 50-3. Court costs for police education and training.
Sec. 50-4. Camping prohibited
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*Cross references—Fireworks restrictions, §38-81 et seq.;law enforcement, ch. 42.
State law references—Fines and forfeitures in county court payable to municipality, F.S. § 34.191; punishment for
misdemeanors,F.S. §§775.082, 775.083.
Supp.No. 12 CD50:1
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OFFENSES AND MISCELLANEOUS PROVISIONS §50-4
Sec. 50-1. State misdemeanor acts adopted, arrests made by the city police department. How-
penalty. ever, no such assessment shall be made against
any person convicted for violation of any statute
(a) It shall be unlawful to commit, within the or municipal or county ordinance relating to the
limits of the city, any act which is or shall be parking of vehicles.
recognized by the laws of the state as a misde (Code 1981, § 543.01)
meanor. The commission of such acts are prohib- Cross reference—Law enforcement,ch. 42.
ited. State law reference—Authority to adopt, use of funds,
F.S. §943.25(13).
(b) Any person found guilty of violating any
act as provided in subsection (a) of this section Sec. 50-4. Camping prohibited.
shall be punished by the same penalty as pro-
vided by the laws of the state,but in no case shall It shall be unlawful for any individual to camp
such penalty exceed that provided in section 1-15. or otherwise sleep within any city's rights-of-way,
(Code 1981, §§ 601.01, 601.02) any beach end street, or on or under any beach
Case law reference—A municipality may enact an ordi- dune crossover.For purposes hereunder,the term
nance which creates an offense against municipal law for the beach end street shall be defined as provided in
same act that constitutes an offense against state law.Jaramillo section 74-61 of the Code of Ordinances. Any
u. City of Homestead, 322 So. 2d 496(Fla. 1975). person who knowingly violates any provision of
A municipality by ordinance may adopt state misdemeanor
statutes by specific reference or by general reference,such as this section shall, upon conviction, be punished
that contained in an ordinance making it unlawful to commit, according to law and shall be subject to a fine not
within city limits, any act which is or shall be recognized by exceeding the sum of$500.00 or imprisonment in
the laws of the state as a misdemeanor.Id. the county jail for a period not exceeding 60 days,
An adoption by general reference of a misdemeanor statute or both such fine and imprisonment.
permits subsequent amendments,revisions and repeals of the
laws by the state legislature to apply to the municipal ordi- (Ord. No. 15-97, § 1, 12-2-97)
nances.Id.
See also Hecht v. Shaw, 112 Fla. 762, 151 So. 333(1933);
McFarland v. Roberts, 74 So. 2d 88(Fla. 1954); and State v.
Smith, 189 So. 2d 846(Fla.4th D.C.A. 1966).
State law references—Penalty for violation of misde-
meanors, F.S. §§ 775.082, 775.083; discharging firearms in
public,F.S.§790.15.See also Fla.Stats.general index under
heading "Fines and Civil Penalties" for listing of state law
misdemeanors.
Sec. 50-2. Reserved.
Editor's note—Ord. No. 18-2003, § 2, repealed section
50-2 which pertained to public nudity and derived from Code
1981,§722.89.
Sec. 50-3. Court costs for police education
and training.
The city assesses the sum of$2.00 as a court
cost against every person convicted for violation
of a state, penal or criminal statute or convicted
for violation of a municipal or county ordinance in
all cases in which the violation occurred within
the city. In addition, the sum of $2.00 shall be
deducted from every bond estreature or forfeited
bail bond related to such penal statutes or ordi-
nances if such bond estreature or forfeited bail
bond arises from acts committed within the city or
Supp.No. 12 CD50:3
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Chapter 54
PARKS AND RECREATION*
Article I. In General
Sec. 54-1. Glass containers prohibited.
Sec. 54-2. Park hours.
Sec. 54-3. Open fires restricted.
Sec. 54-4. Commercial solicitation.
Secs. 54-5-54-25. Reserved.
Article II. Recreation Board
Sec. 54-26. Established.
Sec. 54-27. Reserved.
Sec. 54-28. Duties.
Sec. 54-29. Indebtedness.
Secs. 54-30-54-45. Reserved.
Article III. Vessel Control and Water Safety
Sec. 54-46. Purpose and findings.
Sec. 54-47. Definitions.
Sec. 54-48. Area of enforcement.
Sec. 54-49. Means of enforcement.
Sec. 54-50. Careful and prudent operation required.
Sec. 54-51. Speed not to be greater than what is reasonable under the
conditions.
Sec. 54-52. Designation of areas of regulated water activities.
Sec. 54-53. Procedure for designating additional areas of regulated water
activities.
Sec. 54-54. Exemptions.
Sec. 54-55. Penalties.
*Cross references—Impact fees, § 2-231 et seq.;possession of alcoholic beverages on streets, alleys, sidewalks and parking
areas restricted,§6-51;possession or consumption of alcoholic beverages in parks and recreation areas prohibited,§6-52;outdoor
entertainment, § 10-46 et seq.; regulations regarding sea turtles, § 14-51 et seq.; litter, § 34-26 et seq.; dedicated public lands,
§ 110-476.
Supp. No. 12 CD54:1
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PARKS AND RECREATION § 54-45
ARTICLE I. IN GENERAL 2. All public parking lots and facilities for
beach or park access,including dune cross-
Sec. 54-1. Glass containers prohibited. overs.
It shall be unlawful for any person to take onto 3. All publicly owned parks.
a city park or ocean beach or to have in his The words "solicit" or "canvass" as used herein
possession on a city park or dune crossover any shall include any act, delivery or exchange not
glass bottle, drinking glass or other glass con- initiated by the prospective customer, which di-
tainer. rects attention to any business, mercantile or
(Code 1981, § 606.05) commercial establishment or enterprise, or any
Cross reference—Waterways,ch. 106. other commercial activity, for the purpose of di-
rectly or indirectly promoting commercial inter-
Sec. 54-2. Park hours. ests through sales, rentals or any exchange of
value.
Except for city approved scheduled park activ- (Ord. No. 26-2003, § 2, 9-2-03)
ities, all city parks shall be closed during the
hours of 9:00 p.m. to 7:00 a.m. The use of any Secs. 54-5-54-25. Reserved.
parks during closed hours by an individual or
organization shall be expressly prohibited. Any
person who knowingly violates any provision of ARTICLE II. RECREATION BOARD*
this section shall, upon conviction, be punished
according to law and shall be subject to a fine not Sec. 54-26. Established.
exceeding the sum of$500.00 or imprisonment in There is created a recreation board to consist of
Lthe county jail for a period not exceeding 60 days,ijoeseven members.
or both such fine and imprisonment.
(Ord. No. 10-96, § 1, 6-18-96) (Code 1981, § 255.01; Ord. No. 53-93, § 1, 1-4-94;
Ord. No. 12-2003, § 6, 7-1-03)
Sec. 54-3. Open fires restricted. Sec. 54-27. Reserved.
No person shall ignite or participate in igniting Editor's note—Ord. No. 12-2003, § 6, deleted section
an open fire in, on or over the beaches or public 54-27,which pertained to vacation of office.
parks within the City of Cape Canaveral includ-
ing campfires and bonfires. Notwithstanding the Sec. 54-28. Duties.
foregoing, lighting a fire for the purpose of cook- The recreation board shall advise the council
ing is permitted provided such fire is contained on matters pertaining to public parks and recre-
wholly within a container or device manufactured ation and shall serve in such other similar mat-
for cooking purposes and approved by the city's ters as the council may direct.
fire chief or his designee. (Code 1981, § 255.02)
(Ord. No. 01-2003, § 3, 1-21-03)
Sec. 54-29. Indebtedness.
Sec. 54-4. Commercial solicitation.
The recreation board shall not incur any debts
No person shall solicit,canvass or merchandise or enter into any contracts or obligations which
for the sale or rental of merchandise, services, would be enforceable against the city,unless prior
goods, promotional schemes, advertising pro- approval has been obtained from the city council.
grams or property of any kind or character in the (Code 1981, § 251.05)
following locations in the city:
1. All of the sand beach areas between the
Secs. 54-30-54-45. Reserved.
Atlantic Ocean and the city set back line *Cross reference—Boards,committees,commissions,§2-
for beachfront lots. 171 et seq.
Supp.No. 12 CD54:3
§54-46 CAPE CANAVERAL CODE
ARTICLE III. VESSEL CONTROL AND Sec. 54-48. Area of enforcement.
WATER SAFETY
The area of enforcement of the provision of this
article shall be the Atlantic Ocean and Banana
Sec. 54-46. Purpose and findings. River located within Cape Canaveral, Florida.
(a) The purpose of this article shall be to (Ord. No. 14 95, § 1, 8-15-95)
promote safety in and between boating, swim-
ming and other water related activities in the city. Sec. 54-49. Means of enforcement.
The provision of this article shall be enforced
(b) The city does hereby declare that the public by members of all duly authorized law enforce-
health, safety and welfare of the citizens of the ment agencies within the city.
city and others requires designation of specific (Ord. No. 14-95, § 1, 8-15-95)
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
manner, taking into consideration the weather
terms, phrases, words and derivations shall have
conditions and range of visibility, water turbu-
the meaning given herein:
lence,proximities to fishermen,bathers,waterski-
Bather means an ers,divers and other boats and watercraft,and all
y person who is in the same other attendant circumstances so as not to endan-
body of water as a vessel, whether such person is
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
prudent manner shall constitute careless boating
Idle speed means the lowest speed at which a in violation of this article.
vessel can operate and maintain steering control. (Ord. No. 14 95, § 1, 8-15-95)
Sec. 54-51. Speed not to be greater than what
Operate means to navigate or otherwise use
any vessel in or on the water. is reasonable under the condi-
tions.
Person means any individual,partnership,firm, Nothing contained in this article shall be con-
corporation, association or other entity. strued to authorize or approve any speed greater
than is reasonable and proper in consideration of
Vessel means every description of watercraft local conditions, other water traffic, fishermen,
and airboat used or capable of being used as a waterskiers or bathers in the area, or other haz-
means of transportation or recreation on the ards.
water.As used in this article,the terms"boat"and (Ord. No. 14-95, § 1, 8-15-95)
watercraft are synonymous with "vessel."
When not inconsistent with the context, words Sec. 54-52. Designation of areas of regu-
used in the present tense include the future, lated water activities.
words in the plural number include the singular All waters within 300 feet offshore from all
number, and the words in the singular number beaches and shorefront bathing areas or shoreline
include the plural number. The word "shall" is of the Banana River,whether or not so designated
always mandatory and not merely directory. with appropriate signs are hereby designated
(Ord. No. 14-95, § 1, 8-15-95; Ord. No. 22-2003, areas of regulated water activities. as
§ 2, 9-2-03) (Ord. No. 14-95, § 1, 8-15-95)
"...111)
Supp.No. 12 CD54:4
PARKS AND RECREATION §54-55
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
Lire" 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-
onment in the county jail for a period of not
exceeding 60 days, or both such fine and impris-
onment.
(Ord. No. 14-95, § 1, 8-15-95)
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Chapter 58
PLANNING*
Article I. In General
Secs. 58-1-58-25. Reserved.
Article II. Planning and Zoning Board
Sec. 58-26. Established.
Sec. 58-27. Reserved.
Sec. 58-28. Reserved.
Sec. 58-29. Reserved.
Sec. 58-30. Reserved.
Sec. 58-31. Reserved.
Sec. 58-32. Reserved.
Sec. 58-33. Reserved.
Sec. 58-34. Duties.
Sec. 58-35. Reserved.
Sec. 58-36. Indebtedness.
Secs. 58-37-58-55. Reserved.
Article III. Local Planning Agency
Sec. 58-56. Designation and establishment.
Sec. 58-57. Duties and responsibilities.
(thive Sec. 58-58. Designation of agency, department, committee or person to pre-
pare comprehensive plan.
*Cross references—Community development,ch.22;environment,ch.34;concurrency management system,ch.86;floods,ch.
90;signs, ch. 94; subdivisions,ch. 98;vegetation, ch. 102;wetlands protection, § 106-26 et seq.; zoning regulations, ch. 110; site
plans, § 110-221 et seq.
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PLANNING §58-34
(k1111100e
ARTICLE I. IN GENERAL Sec. 58-33. Reserved.
Editor's note-Ord. No. 12-2003, § 7, adopted July 1,
Secs. 58-1-58-25. Reserved. 2003, deleted section 58-33, which pertained to minutes and
derived from Code 1981, §257.09.
ARTICLE II. PLANNING AND ZONING Sec. 58-34. Duties.
BOARD*
(a) The planning and zoning board shall oper-
Sec. 58-26. Established. ate exclusively in an advisory capacity to the city
(a) The planning and zoning board is estab- council, and no ruling, decision or recommenda-
lished. The board shall consist of five members. tion of the board shall be binding on the council.
(Code 1981, § 257.01(C), (E), (F); Ord. No. 12- (b) The board shall perform such duties as are
2003, § 7, 7-1-03) conferred on it by the Charter and this Code and
Sec. 58-27. Reserved. shall, from time to time, make studies on plan-
ning and zoning matters affecting the health,
Editor's note-Ord. No. 12-2003, § 7, adopted July 1, welfare, safety and morals of the people of the
2003,deleted section 58-27,which pertained to qualifications city.
and derived from Code 1981,§257.02 and Ord.No.52-93,§1,
adopted Jan.4, 1994.
(c) No problem or situation relating to zoning
Sec. 58-28. Reserved. shall be submitted to the city council prior to
being submitted to and acted upon by the plan-
Editor's note-Ord. No. 12-2003, § 7, adopted July 1, ping and zoning board. Such problems or situa-
2003, deleted section 58-28, which pertained to ex officio tions relating to zoning shall include but not be
members and derived from Code 1981, §§257.03 and 257.04. limited to the following:
Sec. 58-29. Reserved. (1) Changes in zone classification.
Editor's note-Ord. No. 12-2003, § 7, adopted July 1,
2003, deleted section 58-29, which pertained to conflict of (2) Changes in zoning district boundaries and
interest and derived from Code 1981, §257.05. zoning maps.
Sec. 58-30. Reserved. (3) Review and revision of zoning sections.
Editor's note-Ord. No. 12-2003, § 7, adopted July 1, (4) Recommendation concerning a master plan
2003, deleted section 58-30, which pertained to rules of and periodic review thereof.
procedure and derived from Code 1981, §257.06.
(d) The planning and zoning board shall make
Sec. 58-31. Reserved. recommendations to the board of adjustment con-
Editor's note-Ord. No. 12-2003, § 7, adopted July 1, cerning special exceptions and variances in accor-
2003, deleted section 58-31, which pertained to quorum and dance with chapter 110 pertaining to zoning.
derived from Code 1981, §257.07.
(e) The board secretary shall, after each meet-
Sec. 58-32. Reserved. ing of the planning and zoning board, transmit a
copy of the board's minutes to each member of the
Editor's note-Ord. No. 12-2003, § 7, adopted July 1,
2003, deleted section 58-32, which pertained to alternate city council, the city clerk and the city attorney.
members and derived from Code 1981, §257.08. Such minutes shall include the board's recommen-
dations on any matter coming before it, including
*Charter reference-Zoning and planning board, art. a short statement setting forth the facts upon
XVI,§2. which the board's recommendations were based,
Cross references-Boards,committees,commissions,§2-
171 et seq.;the beautification board shall coordinate activities as well as the board's reasons for the recommen-
ciloof regarding landscaping, etc., with the planning and zoning dation.
board,§2-185. (Code 1981, § 257.10)
Supp.No. 12 CD58:3
§58-35 CAPE CANAVERAL CODE
Sec. 58-35. Reserved.
Editor's note—Ord. No. 17-2003, § 2, deleted section
58-35,which pertained to master plan preparation and scope
and derived from Code 1981, §257.11.
Sec. 58-36. Indebtedness.
The planning and zoning board shall not incur
any debts or enter into any contracts or obliga-
tions which would be enforceable against the city,
unless prior approval has been obtained from the
city council.
Secs. 58-37-58-55. Reserved.
ARTICLE III. LOCAL PLANNING
AGENCY*
Sec. 58-56. Designation and establishment.
Pursuant to and in accordance with the provi-
sions of chapter 163, Florida Statutes, the plan-
ning and zoning board of the City of Cape
Canaveral, Florida is designated and established
as the local planning agency for the City of Cape
Canaveral,Florida and shall be referred to as the
local planning agency.
(Code 1981, § 261.01; Ord. No. 31-94, § 1, 8-2-94;
Ord. No. 7-99, § 1, 6-15-99)
Sec. 58-57. Duties and responsibilities.
The local planning agency shall perform such
duties as provided in accordance with the provi-
sions of F.S. §§ 163.3161-163.3211.
(Code 1981, § 261.02)
Sec. 58-58. Designation of agency, depart-
ment,committee or person to pre-
pare comprehensive plan.
The city council, in cooperation with the local
planning agency, may designate any agency, de-
partment, committee or person to prepare the
comprehensive plan for the city or any element
thereof under the supervision and direction of the
local planning agency.
(Code 1981, § 261.03)
*Cross reference—Boards,committees,commissions,§2-
171 et seq.
Supp.No. 12 CD58:4
SOLID WASTE §62-1
Lige,
Sec. 62-1. Definitions. Industrial means establishments generating
The following words, terms and phrases,when solid waste accumulation of metal, metal prod
ucts, minerals, chemicals, rock, cement, asphalt,
used in this chapter, shall have the meanings tar, oil, grease, glass, crockery, rubber, tires, bot-
ascribed to them in this section, except where the ties, cans, lumber, sawdust, wastes from animal
context clearly indicates a different meaning: packing or slaughterhouses or materials usually
Approved container means industrial contain- created by industrial enterprises.
ers and containers provided by any customer of
the city solid waste removal service and accept- Industrial container means a two cubic yard or
able to the city. larger container which can be emptied by mechan-
ical means.
Bulk container means a 55-gallon drum sup-
plied by the city for temporary storage of solid Multiple dwelling means and includes any build-
waste at street and beach locations and other city ing or structure containing four or more contigu-
recreational facilities. ous living units and intended exclusively for res-
Business means and includes all retail, profes-
sional,wholesale and industrial facilities and any
other commercial enterprises offering goods or
Recoverable materials means metal,paper,glass,
services to the public. plastic, textile, or rubber materials that have
known recycling potential, can be feasibly recy-
Collector means any person or entity autho- cled, and have been diverted and source sepa-
rized by the city to collect and remove solid waste. rated or have been removed from the solid waste
Commercial means and includes all retail,pro- stream for sale, use, or reuse as raw materials,
include
industrial and wholesale facilities, but shall not whether or not the materials require subsequent
include facilities. processing or separation from each other,but does
not include materials destined for any use that
Containerized business means and includes any constitutes disposal. Recovered materials as de-
business,multi-family dwelling or other structure scribed above are not solid waste.
whose solid waste is deposited in an approved
container for removal by the collector. Recyclable material means those materials which
are capable of being recycled and which would
Duplex means and includes a detached two- otherwise be processed or disposed as solid waste.
family dwelling designed or intended for occu-
pancy by two families. Single-family residence means and includes a
Hazardous waste means solid waste, or a com detached single-family dwelling designed or in-
bination of solid wastes, which because of its tended for occupancy by one person or by one
quantity, concentration, or physical, chemical, or family.
infectious characteristics, may cause, or signifi-
cantly contribute to, an increase in mortality or Solid waste means sludge unregulated under
an increase in serious irreversible or incapacitat the federal Clean Water Act or Clean Air Act,
ing reversible illness or may pose a substantial sludge from a waste treatment works, water
present or potential hazard to human health or supply treatment plant, or air-pollution-control
the environment when improperly transported, facility, or garbage, rubbish, refuse, special waste
disposed of, stored, treated, or otherwise man- or other discarded material, including solid, liq
aged. The term does not include human remains uid, semisolid, or contained gaseous material re-
that are disposed of by persons licensed under suiting from domestic, industrial, commercial,
F.S. ch. 470. mining, agricultural or governmental operations.
Individual container means an individual 20- Special container means any container pro-
(11Iiiirry° or 30-gallon container for temporary storage of vided by the city to segregate and collect any type
solid waste. of solid waste.
Supp.No. 12 CD62:3
§62-1 CAPE CANAVERAL CODE
Special material means those bulky materials properly certified recovered materials dealer which
or other special solid wastes that are not stored in satisfies the conditions provided in F.S.§403.7046.
approved containers and are not routinely gener- (Code 1981, § 673.095; Ord. No. 8-93, § 1(673.09),
ated in residential areas. 4-20-93; Ord. No. 23-2003, § 2, 9-2-03)
Triplex means and includes a detached three- Sec. 62-5. Schedule of fees.
family dwelling designed or intended for occu-
pancy by three families. (a) Owners of any residential unit or commer-
cial building within the city shall pay solid waste
Yard trash means vegetative matter resulting fees as established by the city council. The sched-
from landscaping maintenance and land clearing ule of fees is contained in appendix B to this Code
operations. and is subject to revision from time to time as may
(Code 1981, § 673.01; Ord. No. 8-93, § 1(673.01), be necessary. All revisions shall be done by reso-
4-20-93; Ord. No. 23-2003, § 2, 9-2-03) lution.
Cross reference—Definitions and rules of construction
generally, § 1-2. (b) Failure of users to pay fees within 30 days
of the billing date shall be a violation of this
Sec. 62-2. Penalties. chapter. In addition, the city shall have the right
to seek enforcement and collection of the overdue
Any person who violates any provision of this fee through civil proceedings in a court of compe-
chapter, upon conviction in a court of competent tent jurisdiction,including a reasonable attorney's
jurisdiction, shall be punished as provided in fee and costs, if such civil action is necessary.
section 1-15.
(Code 1981, § 673.10; Ord. No. 8-93, § 1(673.10), (c) All fees becoming due and payable on or
4-20-93) after the effective date of the ordinance from
which this chapter is derived shall constitute and
are imposed as a special assessment lien against
Sec. 62-3. Authority of city to collect. the real property served by the city solid waste
Nothing contained in this chapter shall be collection service, and until fully paid and dis-
charged shall remain liens equal in dignity with
construed to prevent the city from creating or
acting as its own solid waste collection or disposal the city's ad valorem taxes, and superior in rank
service or facility, either independently, exclu and dignity to all liens, encumbrances, titles and
sively or in conjunction with others. claims in,to or against the real property involved.
(Code 1981, § 673.12; Ord. No. 8 93, § 1(673.13), Such fees shall become delinquent if not fully paid
4-20-93) within 30 days after the due date.All delinquent
service charges shall bear a late charge of ten
percent of such fees due. Unpaid delinquent ser-
Sec. 62-4. Ownership by city. vice charges, together with all late charges and
fees imposed thereon, shall remain and constitute
Ownership of solid waste set out for collection special assessment liens against the real property
shall be vested in the city. It shall be unlawful for involved.
any person other than the authorized collector to
disturb, scatter, spread out, or remove any solid (d) Each condominium association within the
waste set out for collection. Law enforcement city will be responsible for the monthly condomin-
agencies and their personnel when within the ium solid waste fee provided for in this chapter.
scope of their employment are exempt from the (Code 1981, § 673.11; Ord. No. 8-93, § 1(673.11),
provisions of this section. 4-20-93)
Nothing in this section shall be construed as Sec. 62-6. Complaint procedure.
prohibiting commercial establishments that gen-
erate recoverable materials from selling or other- The collector of solid waste is obligated to
wise conveying their recoverable material to any promptly respond to all complaints concerning
Supp. No. 12 CD62:4
SOLID WASTE §62-9
(10100,
the quality or absence of collection service. All (c) It shall be the duty of the owner, manager,
complaints with regard to refuse and trash collec- tenant or occupant of any multiple-dwelling unit
tion service directed by this chapter shall be made to furnish or see that each unit with cooking
to the city, and subsequently directed to the facilities of said multiple dwelling is furnished or
collector by the city manager. supplied with an individual container or contain-
(Code 1981, § 673.09; Ord. No. 8-93, § 1(673.07), ers or industrial container or containers adequate
4-20-93) and sufficient in size to comply with the terms of
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.
Lere (a) Separation of solid waste. Each individual
Sec. 62-8. Containers required. container shall contain solid waste, excluding
yard trash, recyclable or recoverable materials,
(a) All owners, residents and all occupants of which shall be wrapped or inserted into individ-
any residential unit and the owner,user,manager ual containers in a plastic or paper bag before
or occupants of any multiple-dwelling unit, or of being inserted into individual containers.
any place or business or commercial establish-
ment with[in] the city are required to provide at (b) Recyclable or recoverable material. Recycla-
least one container to hold four days' accumula- ble or recoverable materials shall be placed in
tion of solid waste. Sunken containers are specif- special containers provided by the city, except in
ically prohibited. the case of a commercial establishment which has
contracted with a properly certified recovered
(b) In lieu of individual containers, an indus- materials dealer, as provided above in section
trial container or containers may be used as 62-4 of the City Code. Only recyclable or recover-
provided in this chapter. Such container shall be able materials may be contained in the special
provided by the collector and the city manager containers. Special containers shall be provided
shall first determine whether or not an industrial for each single-family residence, duplex and tri-
container shall be provided to any owner, user, plex and shall be placed by each owner, resident
manager or occupant so requesting an industrial or occupant at curbside in front of such residen-
container.Multiple-dwelling units containing less tial unit. Multiple dwelling units shall be pro-
than ten units may be provided an industrial vided special containers for use by all occupants
container at the discretion of the city manager.All of such unit which shall be located at the discre-
commercial establishments(establishments other tion of the city manager. No solid waste, other
than professional offices or other offices) shall be than recyclable or recoverable materials, shall be
required to have industrial containers at the placed in a special container. Recoverable items
discretion of the city manager. Single-family res- made of glass shall not be placed in special
Lire idences, duplexes and triplexes shall not be per containers in a broken condition and shall not be
mitted to use industrial containers. broken in special containers.
Supp.No. 12 CD62:5
§62-9 CAPE CANAVERAL CODE
V
(c) Yard trash. Yard trash must be placed in a Sec. 62-10. Proper disposal prerequisite to
reusable container which shall not include any collection.
paper or plastic bag. Yard trash shall not be No removal or collection of solid waste shall be
commingled with any other solid waste or recy re uired bythe collector from
clable or recoverable material. Limbs shall not q any premises within
exceed four feet in length and shall not weigh in the city, unless the solid waste is deposited in
excess of 50 pounds.Limbs should be stacked in a proper containers.
uniform direction.Containers for yard waste shall (Ord. No. 8 93, § 1(673.04), 4-20-93; Ord. No.
be provided by the owner,resident,or occupant of 33-2003, § 2, 10-7-03)
any residential unit.No other solid waste,includ-
ing recyclable or recoverable materials, shall be Sec. 62-11. Unlawful acts.
commingled with yard trash. (a) Obstruction. It shall be unlawful for any
person to park a motor vehicle in such a way that
(d) Solid waste. Solid waste other than yard the collector cannot service industrial containers
trash and recyclable or recoverable materials or otherwise to block access to such containers.
shall be placed in individual containers. Each
individual container shall not exceed 50 pounds of (b) Container of another. It shall be unlawful
solid waste. Any item of solid waste shall not for a person to place solid waste in a container
exceed the measurement of four feet in any direc- assigned to another address,without written per-
tion. Containers for solid waste shall be provided mission of the owner.
by the owner,resident or occupant of any residen (c) Burning or burying of solid waste. It shall
tial unit. Recyclable materials and yard trash be unlawful for any person to bury solid waste
shall not be commingled with other solid waste. within the city. No such solid waste shall be
burned within the corporate limits of the
(e) Pickup. Each owner,resident and occupant city.
of any single-family residence, duplex, or triplex (d) Unlawful accumulation. It shall be unlaw-
shall place individual containers and special con- ful for the owner, resident, occupant or manager
tainers within five feet of curbside in front of such or person responsible for any land or premises to
residential unit. Solid waste shall e removed by permit, suffer or allow, either by commission or
the collector according to schedules that the city omission, any accumulation of solid waste upon
from time to time shall publish. premises or property within the city for a period
longer than four days without having arranged
(f) Location of solid waste containers. Solid for disposal of the accumulation by the collector to
waste containers shall not be located in such perform such services and it shall be unlawful
places or under such conditions as to cause un and a violation of this chapter for any person,
necessary or unreasonable offense to sightliness,
cleanliness, safety or other sanitary conditions. whether owner, resident, manager or occupant of
any premises to fail to provide a sufficient num-
Solid waste containers shall not be kept upon
ber of solid waste containers per unit as provided
neighboring property, whether such neighboring
property be vacant or improved,without the writ- in this chapter to amply provide for any four-day
ten consent of the person having the right to
period of solid waste accumulation. Nothing con-
tained in this section shall prevent the owner or
possession and use of the neighboring property.
No solid waste container shall be placed on any occupant, resident, manager or person responsi-
city right-of-way, except for immediate pickup, ble for the premises to remove accumulations of
solid waste on their own behalf, to a proper place
unless authorized in writing by the city manager
in advance. Industrial containers shall not be of disposal.
placed in such manner as to hinder the closing of (e) Unlawful disposal. It shall be unlawful to
container lids. deposit or dispose of solid waste upon the pre-
(Ord. No. 8-93, § 1(673.03), 4-20-93; Ord. No. mises of another, or upon any street, alley, park-
23-2003, § 2, 9-2-03; Ord. No. 33-2003, § 2, 10-7- way or other public property, or any canal, ditch,
03) water,waterway,river,ocean,beach,pool,pond or
Supp.No. 12 CD62:6
(41/111101 SOLID WASTE §62-12
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 fees and charges for recycling services
are set forth in appendix B to this Code.
L
L
Supp. No. 12 CD62:7
J
J
TRAFFIC AND VEHICLES §74-62
Lie
Sec. 74-57. Penalties. Sec. 74-59. Dune parking prohibited.
Any person violating this article shall be pun- It shall be unlawful for any vehicle to park on
ished in accordance with the schedule as follows: any of the ocean dunes, and any such parking
may be ticketed as a violation of this article.
Violation Penalty (Code 1981, § 685.03)
(1) Parked in excess of autho- Cross reference—Waterways, ch. 106.
rized time $ 30.00
(2) Parked in no parking zone30.00 Sec. 74-60. Truck parking.
It shall be unlawful for any truck weighing
(3) Parked in loading zone 30.00 6,000 pounds or more to park anywhere within
(4) Parked in reserved zone the City of Cape Canaveral for more than four
without permit 30.00 consecutive hours where so posted.
(5) Parked irregularly(extend (Code 1981, §685.04;Ord.No. 11-99, § 1,8-17-99)
ing over boundary) 30.00
Sec. 74-61. Overnight parking.
(6) Parked in handicapped
space 100.00 It shall be unlawful for any vehicle to park on
any of the beach end streets east of Ridgewood
(7) Parked double or obstruct- Avenue between the hours of 10:00 p.m. and 5:00
ing traffic 30.00 a.m., and any such parking shall be ticketed as a
(8) Parked on sidewalk 30.00 violation of this article. For the purposes of this
section, the term "beach end street" means a
(9) Parked on ocean dunes 100.00 street within the city that has as its east terminus
(10) Parked in fire lane 30.00 the Atlantic Ocean or the dune line which runs
north and south parallel to the Atlantic Ocean.
(11) Other 30.00 (Code 1981, § 685.05)
(Code 1981, § 685.06; Ord. No. 6-93, § 1(685.06),
4-6-93; Ord. No. 29-93, § 1(685.06), 9-21-93; Ord. Sec. 74-62. Designation of fire lanes.
No.40-93,§3, 10-19-93;Ord.No. 1-94,§2,2-1-94;
Ord. No. 29-2003, § 2, 9-16-2003) (a) The city fire chief shall be authorized to
designate fire lanes on or in a public street, alley,
Sec. 74-58. Authority to establish no park- roadway or premises, or on any public property
ing zones. which, in his opinion, would be necessary or
(a) Except as provided in subsection(b) of this desirable for the free movement of fire apparatus
section, the chief law enforcement officer may or of firefighting personnel responding to or oper-
establish no parking zones by designating those ating at a scene of a fire or other public emer-
places where motor vehicles are prohibited from gency.
parking. The chief law enforcement officer shall (b) Designated fire lanes authorized by the
place a sign or other identifying mark indicating city fire chief shall be appropriately identified
no parking zones. with signs bearing the words "Fire Lane, No
(b) The city fire chief shall designate all fire Parking." The signs and lettering shall be stan-
lanes in which it shall be unlawful for any vehicle dard information type traffic signs, with red let-
to park in accordance with the provisions of ters on white background. In addition, the city
section 74-62. The city fire chief or designee is fire chief may require diagonal striping placed on
designated as a parking enforcement specialist or in any public street,alley,roadway or premises
who may enforce prohibitions against parking in or on any public property or any private property
fire lanes. to which the public has access and the words"Fire
(111100" (Code 1981, § 685.02; Ord. No. 40-93, § 2, 10-19- Lane, No Parking" painted thereon in letters no
93; Ord. No. 1-94, § 1, 2-1-94) less than 18 inches in length.
Supp.No. 12 CD74:5
§ 74-62 CAPE CANAVERAL CODE
(c) The city fire chief may require, as a condi-
tion of the issuance of a building permit,site plan
or development plan, that the owner thereof des-
ignate fire lanes on the property subject to the
building permit, site plan or development plan
when the city fire chief determines that such
designation is necessary to protect the public
health,safety and welfare.Any such private prop-
erty designated as a fire lane shall be marked in
accordance with subsection(b)of this section and
subject to the provisions of subsection (d) of this
section.
(d) Vehicles,equipment or materials parked or
stored in an area designated as a fire lane shall be
removed, ticketed and/or impounded upon the
order of the city fire chief or designee or the chief
law enforcement officer of the city, and all costs of
such removal and impounding shall be assessed
against the owner, lessee or other person having
control of such vehicle, equipment or material.
(Ord. No. 1-94, § 3, 2-1-94)
Sec. 74-63. County's civil traffic infraction
hearing officer program adopted.
'....rri)
Pursuant to F.S.chs.316 and 318,the city shall
participate in the county's civil traffic hearing
officer program as set forth in sections 106-75,
106-76, 106-77 and 106-49,excepting that certain
fee schedule as adopted in 106-49(a)(1) of the
ordinances of the county.
(Ord. No. 6-95, § 1, 3-21-95)
3
Supp.No. 12 CD74:6
BUILDINGS AND BUILDING REGULATIONS §82-33
shall be known as the City of Cape Canaveral Sec. 82-33. Appeals.
Building Code and is hereby adopted by reference
and incorporated herein as if fully set out. (a) Decisions of the building official. The owner
of a building, structure or service system, or his
(a) [Board of adjustment and appeals.] The duly authorized agent, may appeal a decision of
construction board of adjustment and ap- the building official to the construction board of
peals shall serve as the board of adjust- adjustment and appeals whenever any one of the
ment and appeals for this code. following conditions are claimed to exist:
(b) [Appendix A adopted.] The following ap- (1) The building official rejected or refused to
pendix to the Florida Building Code 2001 approve the mode or manner of construc-
edition is hereby adopted: Appendix A tion proposed to be followed or materials
(Weight of Building Materials). to be used in the installation or alteration
of a building, structure or service system.
(c) Wind speed zone: All of the City of Cape
Canaveral as described within the City (2) The provisions of this code do not apply to
Charter,Article I,Section 2,is in the wind this specific case.
speed zone of 130 mph,three-second gust. (3) That an equally good or more desirable
(d) Wind exposure category. All of the City of form of installation can be employed in
Cape Canaveral as described within the any specific case.
City Charter,Article I, Section 2,is in the (4) The true intent and meaning of this code
wind exposure category Exposure "C" or any of the regulations thereunder have
(e) Wind borne debris region. All of the City of been misconstrued or incorrectly inter
(160' Cape Canaveral as described within the preted.
City Charter,Article I, Section 2,is in the (b) Variances. The construction board of adjust-
wind borne debris region. ments and appeals,when so appealed to and after
(Ord. No. 06-2001, § 1, 12-4-01) a hearing, may vary the application of any provi-
sion of this code to any particular case when,in its
Sec. 82-32. Establishment of construction opinion, the enforcement thereof would do mani-
board of adjustment and appeals. fest injustice and would be contrary to the spirit
and purpose of this or the technical codes or
There is hereby established a board to be called public interest, and also finds all of the following:
the construction board of adjustment and ap-
peals, which shall consist of five members. (1) That special conditions and circumstances
exist which are peculiar to the building,
(a) Composition. Members of the construe- structure or service system involved and
tion board of adjustment and appeals which are not applicable to others.
should be composed of individuals with
knowledge and experience in the techni (2) That the special conditions and circum-
cal codes, such as design professionals, stances do not result from the action or
contractors or building industry represen- inaction of the applicant.
tatives. (3) That granting the variance requested will
(b) Powers. The construction board of adjust- not confer on the applicant any special
ments and appeals shall have the power, privilege that is denied by this code to
as further defined in section 82-33, to other buildings, structures or service sys-
hear appeals of decisions and interpreta-
tern.
tions of the building official and consider (4) That the variance granted is the mini-
variances of the technical codes. mum variance that will make possible the
(Ord. No. 06-2001, § 1, 12-4-01; Ord. No. 12 2003, reasonable use of the building, structure
§ 8, 7-1 03) or service system.
Supp.No. 12 CD82:7
§82-33 CAPE CANAVERAL CODE
J
(5) That the granting of the variance will be sent by mail or otherwise to the appellant and a
in harmony with the general intent and copy shall be kept publicly posted in the office of
purpose of this code and will not be detri- the building official for two weeks after filing.
mental to the public health, safety and Every decision of the board shall be final, subject
general welfare. however to such remedy as any aggrieved party
might have at law or in equity.
(c) Conditions of the variance. In granting the (Ord. No. 06-2001, § 1, 12-4-01)
variance, the board may prescribe a reasonable
time limit within which the action for which the Secs. 82-35-82-55. Reserved.
variance is required shall be commenced or com-
pleted or both. In addition, the board may pre-
scribe appropriate conditions and safeguards in ARTICLE III. UNSAFE BUILDING
conformity with this code. Violation of the condi- ABATEMENT CODE
tions of a variance shall be deemed a violation of
this code. Sec. 82-56. Standard Unsafe Building Abate-
(d) Notice of appeal. Notice of appeal shall be
ment Code adopted.
in writing and filed within 30 calendar days after The Standard Unsafe Building Abatement Code,
the decision is rendered by the building official. 1985 edition, as published by the Southern Build-
Appeals shall be in a form acceptable to the ing Code Congress International, Inc., is hereby
building official. adopted by reference and incorporated herein as
if fully set. The Standard Unsafe Building Abate-
(e) Unsafe or dangerous buildings or service ment Code is hereby amended to read as follows:
systems. In the case of a building, structure or
service system which, in the opinion of the build- (a) Section 105.1. The construction board of
ing official, is unsafe, unsanitary or dangerous, adjustment and appeals shall serve as the
the building official may, in his order, limit the board of adjustment and appeals for this
time for such appeals to a shorter period. code.
(Ord. No. 06-2001, § 1, 12-4-01)
Sec. 82-34. Procedures of the board.
(a) Rules and regulations. The board shall
establish rules and regulations for its own proce-
dure not inconsistent with the provisions of this
code.The board shall meet on call of the chairper-
son. The board shall meet within 30 calendar
days after notice of appeal has been received.
(b) Decision. The construction board of adjust-
ment and appeals shall, in every case, reach a
decision without unreasonable or unnecessary
delay. Each decision of the board shall also in-
clude the reasons for the decision. If a decision of
the board reverses or modifies a refusal, order, or
disallowance of the building official or varies the
application of any provision of this code, the
building official shall immediately take action in
accordance with such decision. Every decision
shall be promptly filed in writing in the office of
the building official and shall be open to public
'vs)inspection.A certified copy of the decision shall be
Supp. No. 12 CD82:8
car?
Chapter 110
ZONING*
Article I. In General
Sec. 110-1. Definitions.
Secs. 110-2-110-25. Reserved.
Article II. Board of Adjustment
Division 1. Generally
Sec. 110-26. Established.
Sec. 110-27. Proceedings.
Sec. 110-28. Powers and duties.
Sec. 110-29. Administrative review.
Sec. 110-30. Indebtedness.
Sec. 110-31. Applicants for special exceptions or variances.
Sec. 110-32. Decisions.
Sec. 110-33. Reconsideration of administrative review, special exception or
variance.
Sec. 110-34. Violation of conditions of special exception or variance.
Sec. 110-35. Appeals from board.
Secs. 110-36-110-45. Reserved.
(111111111.0"
Division 2. Special Exceptions
Sec. 110-46. Application;procedures.
Sec. 110-47. Written findings certifying compliance.
Sec. 110-48. Expiration.
Secs. 110-49-110-60. Reserved.
Division 3. Variances
Sec. 110-61. Variance.
Sec. 110-62. Applications;procedures.
Secs. 110-63-110-85. Reserved.
Article III. Administration and Enforcement
Division 1. Generally
Sec. 110-86. Conflicts with other ordinances.
Sec. 110-87. Enforcement of chapter.
Sec. 110-88. Duties of building official.
Sec. 110-89. Penalties for violation.
Sec. 110-90. Complaints of violations.
Sec. 110-91. Conformity to plans, specifications, intended uses and applica-
tions.
Sec. 110-92. Schedule of fees, charges and expenses.
Secs. 110-93-110-105. Reserved.
*Cross references-Possession of alcoholic beverages on streets, alleys, sidewalks and parking areas restricted, § 6-51;
outdoor entertainment,§ 10-46 et seq.;adult entertainment, § 10-86 et seq.;businesses,ch. 16; community development, ch. 22;
environment,ch. 34;noise, §34-151 et seq.;planning, ch. 58; coastal construction code, §82-81 et seq.; floods,ch. 90.
Supp.No. 12 CD110:1
CAPE CANAVERAL CODE
Division 2. Permits
Sec. 110-106. Required.
Sec. 110-107. Application.
Sec. 110-108. Expiration.
Secs. 110-109-110-120. Reserved.
Division 3. Certificate of Occupancy
Sec. 110-121. Required.
Sec. 110-122. Hotels and motels.
Secs. 110-123-110-135. Reserved.
Division 4. Amendments and Rezonings
Sec. 110-136. Authority.
Sec. 110-137. Procedure.
Sec. 110-138. Limitations.
Sec. 110-139. Reconsideration of district boundary changes.
Secs. 110-140-110-160. Reserved.
Article N. Special Exceptions
Division 1. Generally
Sec. 110-161. Structures and uses approved by special exception.
Secs. 110-162-110-170. Reserved.
Division 2. Alcoholic Beverages
Sec. 110-171. Establishments serving alcoholic beverages.
Secs. 110-172-110-190. Reserved.
Article V. Nonconformities
Sec. 110-191. Intent.
Sec. 110-192. Mobile home parks and single-family mobile home districts.
Sec. 110-193. Nonconforming structures.
Sec. 110-194. Nonconforming uses of land.
Sec. 110-195. Nonconforming uses of structures or of structures and premises
in combination.
Sec. 110-196. Nonconforming lots of record.
Sec. 110-197. Repairs and maintenance.
Sec. 110-198. Temporary uses.
Secs. 110-199-110-220. Reserved.
Article VI. Site Plans
Sec. 110-221. Submittal and review required.
Sec. 110-222. Criteria required.
Sec. 110-223. Review procedures.
Sec. 110-223.5. Appeals.
Sec. 110-224.102Exp110-245. n.Reserved.
110-225-110-245. Reserved.
Supp.No. 12 CD110:2
ZONING
L1100'
Article VII. Districts
Division 1. Generally
Sec. 110-246. Official zoning map-Adopted.
Sec. 110-247. Same-Replacement.
Sec. 110-248. Rules for interpretation of district boundaries.
Sec. 110-249. Application of district requirements.
Sec. 110-250. Conformity.
Sec. 110-251. Structure height, maximum units,lot area, setbacks.
Sec. 110-252. Duplicate use of setbacks,open space,parking space.
Sec. 110-253. Reuse of area used for density calculations.
Sec. 110-254. Dimension or area reduction below minimum.
Sec. 110-255. Lot and street requirements for structures.
Sec. 110-256. Zoning classification of annexations.
Sec. 110-257. Unusual uses or uses not specifically permitted.
Secs. 110-258-110-270. Reserved.
Division 2. R-1 Low Density Residential District
Sec. 110-271. Intent.
Sec. 110-272. Principal uses and structures.
Sec. 110-273. Accessory uses and structures.
Sec. 110-274. Special exceptions permissible by board of adjustment.
Sec. 110-275. Prohibited uses and structures.
Sec. 110-276. Area and dimensions.
Sec. 110-277. Minimum setbacks.
Sec. 110-278. Offstreet parking and access.
Secs. 110-279-110-290. Reserved.
Division 3. R-2 Medium Density Residential District
Sec. 110-291. Intent.
Sec. 110-292. Principal uses and structures.
Sec. 110-293. Accessory uses and structures.
Sec. 110-294. Special exceptions permissible by board of adjustment.
Sec. 110-295. Prohibited uses and structures.
Sec. 110-296. Area and dimension.
Sec. 110-297. Minimum setbacks.
Sec. 110-298. Offstreet parking and access.
Secs. 110-299-110-310. Reserved.
Division 4. R-3 Medium Density Residential District
Sec. 110-311. Intent.
Sec. 110-312. Principal uses and structures.
Sec. 110-313. Accessory uses and structures.
Sec. 110-314. Special exceptions permissible by board of adjustment.
Sec. 110-315. Prohibited uses and structures.
Sec. 110-316. Area and dimensions.
Sec. 110-317. Minimum setbacks.
Sec. 110-318. Offstreet parking and access.
Sec. 110-319. Minimum breeze requirement.
Sec. 110-320. Dune crossovers required.
Sec. 110-321. Protection of public beach-end parking.
Secs. 110-322-110-330. Reserved.
Division 5. C-1 Low Density Commercial District
(1111110e Sec. 110-331. Intent.
Supp.No. 12 CD110:3
CAPE CANAVERAL CODE
Sec. 110-332. Principal uses and structures.
Sec. 110-333. Accessory uses and structures.
Sec. 110-334. Special exceptions permissible by board of adjustment.
Sec. 110-335. Prohibited uses and structures.
Sec. 110-336. Area and dimensions.
Sec. 110-337. Minimum setbacks.
Sec. 110-338. Landscaping, screening and parking.
Sec. 110-339. Offstreet parking and access.
Secs. 110-340-110-350. Reserved.
Division 6. M-1 Light Industrial and Research and Development District
Sec. 110-351. Intent.
Sec. 110-352. Principal uses and structures.
Sec. 110-353. Accessory uses and structures.
Sec. 110-354. Special exceptions permissible by board of adjustment.
Sec. 110-355. Prohibited uses and structures.
Sec. 110-356. Area and dimensions.
Sec. 110-357. Minimum setbacks.
Sec. 110-358. Landscaping, screening and parking.
Sec. 110-359. Performance standards.
Sec. 110-360. Parking and loading.
Secs. 110-361-110-370. Reserved.
Division 7. Townhouses
Sec. 110-371. Permitted use.
Sec. 110-372. Area and dimensions.
Sec. 110-373. Minimum setbacks.
•
Sec. 110-374. Offstreet parking.
Sec. 110-375. Utilities.
Sec. 110-376. Preservation of trees.
Sec. 110-377. Individually platted lots.
Sec. 110-378. Building permit.
Sec. 110-379. Development schedule.
Division 8. C-2 Commercial/Manufacturing District
Sec. 110-380. Intent.
Sec. 110-381. Principal uses and structures.
Sec. 110-382. Accessory uses and structures.
Sec. 110-383. Special exceptions permissible by the board of adjustment.
Sec. 110-384. Prohibited uses and structures.
Sec. 110-385. Area and dimensions.
Sec. 110-386. Minimum setbacks.
Sec. 110-387. Landscaping, screening and parking.
Sec. 110-388. Performance standards.
Sec. 110-389. Parking and loading.
Secs. 110-390-110-400. Reserved.
Article VIII. Residential Planned Unit Developments
Division 1. Generally
Sec. 110-401. Definitions.
Sec. 110-402. Purpose and intent.
Sec. 110-403. Permitted uses.
Sec. 110-404. Common open space, drainage systems,private roads and other
related common facilities.
Supp.No. 12 CD110:4
ZONING
L/101
Sec. 110-405. Physical review.
Sec. 110-406. Building permit.
Sec. 110-407. Bonding.
Sec. 110-408. Termination zone.
Sec. 110-409. Enforcement.
Secs. 110-410--110-420. Reserved.
Division 2. Development Plans
Sec. 110-421. Application.
Sec. 110-422. Procedure for receiving approval of preliminary development
plan and tentative zoning.
Sec. 110-423. Procedure for approval of final development plan.
Secs. 110-424-110-435. Reserved.
Division 3. Land Use Regulations
Sec. 110-436. Minimum size.
Sec. 110-437. Maximum density.
Sec. 110-438. Minimum common recreation and open space.
Sec. 110-439. Minimum lot area;frontage; setbacks;accessory uses.
Sec. 110-440. Maximum length of structures.
Sec. 110-441. Minimum floor area.
Sec. 110-442. Offstreet parking.
Sec. 110-443. Underground utilities.
Sec. 110-444. Development standards.
Sec. 110-445. Preservation of trees.
Secs. 110-446-110-465. Reserved.
Lor,
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. 12 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.
Secs. 110-556-110-565. 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. Preservation of trees in all districts.
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.
3
Supp.No. 12 CD110:6
ZONING § 110-1
the general pattern in the area.A reversed front- a purpose, such property may not be used in
age lot may also be a corner lot, an interior lot or combination with any other use, with the excep-
a through lot. tion of storage garage.
Lot, through, means a lot other than a corner Mobile home means a structure as defined in
lot with frontage on more than one street. A F.S. § 553.36(12).
through lot abutting two streets may be referred Mobile home park means a single parcel of
to as a double frontage lot. ground on which there are sites to be leased or
Major recreational equipment means boats and rented to tenants for the purpose of parking
boat trailers,travel trailers,trailers for transport- mobile homes.
ing motorized vehicles,pickup campers or coaches Motel means a building or combination of build-
designed to be mounted on automotive vehicles, ings in which lodging is provided and offered to
motorized dwellings, tent trailers and the like, the public for compensation and duly licensed
including the coverings. pursuant to F.S. ch. 509, under single ownership
and operation.As such it is open to the public the
Manufactured housing or building means a same as a hotel, except that the buildings are
closed structure, building assembly or system of usually designed to serve tourists traveling by
subassemblies,which may include structural,elec- automobile, ingress to rooms need not be through
trical, plumbing, heating, ventilating or other a lobby or office and parking usually is adjacent to
service systems manufactured in manufacturing the dwelling unit. There shall be a minimum of
facilities for installation or erection,with or with- six guestrooms per building and a minimum of
out other specified components, as a finished 150 guestrooms per motel.As used in this defini-
building or as part of a finished building, which tion, the term "guestroom" means those rooms
shall include but not be limited to residential, intended or designed to be used or which are used
commercial, institutional, storage and industrial rented or hired out to be occupied or which are
structures. This does not apply to mobile homes. occupied, for sleeping purposes by guests.
Manufactured building may also mean, at the
option of the manufacturer, any building of open Motor travel home means a self-propelled vehi-
construction made or assembled in manufactur- cle containing living facilities and customarily
ing facilities away from the building site, for used for camping or recreational uses.
installation or assembly and installation on the Net residential acre means the horizontal acre-
building site. age of a lot devoted exclusively to residential uses
Marina means a place for docking boats or and their appurtenant accessory uses. Such area
providing services to boats and occupants thereof, shall include the building site, recreation areas,
open space, swimming pools,parking, drives, set-
including servicing and repairing boats, sale of
fuel and supplies and provision of food,beverages back areas and the like. Net residential acreage
and entertainment as accessory uses.Ayacht club does not include areas used for nonresidential
shall be considered as a marina,but a hotel,motel purposes, streets,waterways, offices, golf courses
or similar use, where docking of boats and provi or any other use not developed for the exclusive
sion of services thereto is incidental to other use of the property s residents.
activities,shall not be considered as a marina nor Nonconformity means any lot, use of land, use
shall boat docks accessory to a multiple-family of structure, use of structure and premises or
dwelling where no boat-related services are ren- characteristics of any use which was lawful at the
dered. time of enactment of the ordinance from which
this section is derived but which does not conform
Mini-storage means the renting of storage space with the district in which it is located.
which is utilized for the incidental storage of
personal effects,which space shall not exceed 280 Nonhazardous material means any material
square feet of net floor area. When used for such which does not increase or cause an increase of
Supp. No. 12 CD110:11
§ 110-1 CAPE CANAVERAL CODE
the hazard of menace of fire to a greater degree prekindergarten children only or for adults or
than that customarily recognized as normal by college students primarily shall not be considered
persons in the public service regularly engaged in a playground.
preventing, suppressing or extinguishing fire.
Principal use of structure means a building in
Occupied means the use of a structure or land which is conducted the principal use of the lot on
for any purpose, including occupancy for residen- which it is situated. In a residential district any
tial, business, industrial, manufacturing, storage dwelling shall be deemed to be the principal
and public use. building on the lot on which the dwelling is
Oceanfront lot means a lot that is contiguous situated.An attached carport,shed,garage or any
with the ocean beach and which is considered as other structure with one or more walls or a part of
fronting on a public street and includes those lots one wall being a part of the principal building and
adjacent to a dedicated street.All lots contiguous structurally dependent, totally or in part, on the
with the ocean beach shall be considered interior principal building shall comprise a part of the
lots. principal building. A detached and structurally
independent carport, garage or other structure
Open shed means any structure that has no shall conform to the requirements of any acces-
enclosing walls. sory building. A detached and structurally inde-
pendent garage, carport or other structure con-
Open space area means that area of the lot forming as an accessory building may be attached
which is to be left open for free circulation of air to the principal buildings by an open breezeway
and which provides an area for recreational and not to exceed six feet in width.A connecting roof
leisure pursuits. Not to be included as part of breezeway in excess of six feet and enclosed on
open space area are building setbacks, areas one or both sides, including louvers, lattice or
occupied by all building structures, parking ar- screening, shall cause the entire structure to be
eas, roads and drives. Recreational areas may be construed as the principal building and shall be
included. Swimming pools may be included in the subject to the sections applicable to the principal
calculation of minimum open space. building.
Parking space, offstreet, consists of a minimum Public use means any use of land or a structure
paved area of 200 square feet for parking an owned and operated by a municipality, county or
automobile, exclusive of access drives or aisles the state or federal government or any agency
thereto. thereof and for a public service or purpose.
Patio. See the definition of"terrace."
Recreational vehicle means a unit designed as
Paving may consist of the following materials: temporary living quarters for recreational, camp-
macadam, asphalt, tar, cement, concrete, pervi- ing or travel use,which either has its own motive
ous concrete, bricks, tile, pavestone, tilestone, power or is mounted on or drawn by another
flags, flagstone, flagging, cobblestone, cobbles, vehicle. The term includes travel trailer,camping
curb, kerb, curbstone, kerbstone, edgestone and trailer, truck camper, motor home and wheeled
curbing. All material must be contained by a recreational trailer.
permanent border and properly maintained.
Residential district means that area set aside
Playground means an area of land set aside for primarily for use as low and medium density
outdoor recreation used by children for play and residential housing.
often equipped for specific activities. Playground
may also be that part of a park or outdoor recre- Restaurant means any building or structure or
ation facility set aside for such use by children.A portion thereof in which food is prepared and
playground may be public or private; however, served for pay to any person not residing on the
any recreational area established for premises.
Supp.No. 12 CD 110:12
(111111.0101 ZONING § 110-1
Right-of-way means land reserved, used or to Story means that portion of a building included
be used for a street, alley, walkway, drainage between the floor surface and the upper surface of
facility or other public purpose. the floor next above or any portion of a building
Satellite dish means any device incorporating a used for human occupancy between the topmost
reflective surface that is solid, open mesh, or bar floor and roof. A basement or cellar not used for
configured that is shallow dish, cone, horn, or
human occupancy shall not be counted as a story.
cornucopia shaped and is used to transmit and/or Street means a public or private right-of-way
receive electromagnetic signals. This definition is set aside for public travel.
meant to include, but is not limited to, what are
commonly referred to as satellite earth stations, Street centerline means the midpoint of the
TVROs, and satellite microwave antennas. street right-of-way.
Schoolgrounds means all the land included in Street, private, means a private way set aside
the lot or parcel upon which a school building is for vehicular traffic that exceeds 200 feet in
regularly used,except during vacation periods,by developed length or serves four or more residen
elementary and secondary school students. The tial,commercial or any combination of residential
school and land may be public or private. and commercial units. Private streets shall be
installed in accordance with section 98-92.
Service station means a building and premises
where petroleum products are supplied at retail, Street right-of-way means the property line
as a primary use, and where,in addition, services which bounds the right-of-way set aside for use as
may be rendered and sales made as specified by a street.
this chapter. Structure means that which is built or con-
(tiiiiie,. Setback means a required open space on the strutted.
same lot with a principal building,which space is Swimming pool means any portable pool or
unoccupied and unobstructed by buildings from permanent structure containing a body of water
the ground upward,except as specified in sections 18 inches or more in depth or 250 square feet of
110-468, 110-538 and 110-567. All required set- surface area or more of water service area,includ-
back areas shall be landscaped with greenery ing an ornamental reflecting pool or fish pond or
(sod) and shall be properly maintained. other type of pool, regardless of size, unless it is
Shed means any structure built for the sup- located and designed so as not to create a hazard
port, shelter or enclosure of persons, animals, or not be used for swimming or wading.
chattels or property of any kind which has enclos- Tent means a collapsible shelter of canvas or
ing walls for less than 50 percent of its perimeter. other fabric-type material.
Shopping center means three or more units for Terrace means an open space adjacent to the
purposes of mercantilism. principal building on one or two sides, prepared
Sign means the same as defined in chapter 23 with a hard, semihard or improved surface, for
of the building code adopted in section 82-31. the purpose of outdoor living.
Special exception means a use that would not Total floor area or gross floor area means the
be appropriate generally or without restriction area of all floors of a building, including finished
throughout the zoning division or district but attics, finished basements and all covered areas,
which,if controlled as to number,area,location or including porches, sheds, carports and garages.
relation to the neighborhood, would promote the Townhouse means a single-family dwelling unit
public health, safety, welfare, morals, order, corn-
constructed in a series or group of attached units
fort, convenience, appearance, prosperity or gen- with property lines separating such units.
eral welfare. Such uses as may be permitted by
Lore the board of adjustment are identified for each Trailer means a portable structure having no
zoning district as special exceptions. foundation other than wheels,jacks or blocks that
Supp.No. 12 CD110:13
§ 110-1 CAPE CANAVERAL CODE
will not be a hazard to adjacent buildings and generally applies to the area from each lot line to
that is also fully enclosed, operable and licensed. the principal building and its attached porches,
sheds, carports, garages and storage areas.
Trailer park means an area duly licensed by (Code 1981, § 632.01; Ord. No. 7-96, § 1, 6-18-96;
the city and approved by the state board of health, Ord.No.9-97, § 1,9-2-97;Ord.No. 19-98,§§ 1-3,
which is designed, constructed, equipped, oper- 6-16-98; Ord. No. 30-98, § 1, 10-20-98; Ord. No.
ated and maintained for the purpose of providing 1-00, § 1, 2-1-00; Ord. No. 5-00, §§ 1, 2, 4-18-00;
space for and otherwise servicing mobile homes Ord. No. 03-2003, § 2, 8-19-03)
and trailers. Cross reference—Definitions and rules of construction
generally,§ 1-2.
Travel trailer. See the definition of "recre-
ational vehicle." Secs. 110-2-110-25. Reserved.
Utility access easement means an easement
less than 20 feet wide, dedicated and used for ARTICLE II. BOARD OF ADJUSTMENT*
utilities and utility vehicles. The term does not
qualify as an alley pursuant to chapter 98 per- DIVISION 1. GENERALLY
taining to subdivisions.
Vacant means a building or parcel of land that Sec. 110-26. Established.
is neither occupied nor used. A board of adjustment is established, which
shall consist of five members.
Variance means a relaxation of the terms of (Code 1981, § 645.13; Ord. No. 49-93, § 1, 1-4-94;
this chapter when such variance will not be Ord. No. 12 2003, § 9, 7-1-03)
contrary to the public interest and when,owing to
conditions peculiar to the property and not the Sec. 110-27. Proceedings.
result of the actions of the applicant, a literal
enforcement of this chapter would result in un- The chairman or, in his absence, the acting
necessary and undue hardship. As used in this chairman may administer oaths and compel the
chapter, a variance is authorized only for height, attendance of witnesses.
area, size of structure or size of yards and open (Code 1981, § 645.15; Ord. No. 12-2003, § 9,
spaces; establishment or expansion of a use oth- 7-1-03)
erwise prohibited shall not be allowed by variance
nor shall a variance be granted because of the Sec. 110-28. Powers and duties.
presence of nonconformities in the zoning district The board of adjustment shall have the powers
or used in an adjoining zoning district. and duties enumerated in this article.
Wall means a structure forming a physical (Code 1981, § 645.17)
barrier, which is constructed of concrete or ma-
sonry composite. Sec. 110-29. Administrative review.
Wall concrete bounder (a) Authority. The board of adjustment shall
ry, means a structure hear and decide appeals where it is alleged there
constructed using concrete, either poured or in
block form,along the property boundary or within is error in any order, requirement, decision or
determination made by the building official or in
the setback and used as a dividing line between the enforcement of this chapter.
parcels of property in a residential zone, specifi-
cally excluding townhouse interior party walls. (b) Appeal notice, hearing.
Yard means all open space on the same lot as (1) Appeals to the board of adjustment may
the principal building, which space is unoccupied be taken by the city council, the planning
and unobstructed by buildings from the ground *Cross reference—Boards,committees,commissions,§2-
upward, except as otherwise provided. The term 171 et seq.
Supp. No. 12 CD110:14
ZONING § 110-33
L
and zoning board or by any person ag- Sec. 110-31. Applicants for special excep-
grieved or affected by any decision of the tions or variances.
building official in the interpretation of
any portion of this chapter. All hearings for special exceptions or variances
before the board of adjustment shall be initiated
(2) Such appeals shall be taken within a by the following:
reasonable time, not to exceed 60 days of
the date of the decision or such lesser (1) The owners of at least 75 percent of the
period as may be provided by the rules of property described in the application.
the board of adjustment,by filing with the (2) Tenants, with the owners' sworn consent.
building official and with the board of
adjustment a notice of appeal specifying (3) Duly authorized agents evidenced by a
the grounds therefor.The building official written power of attorney.
shall forthwith transmit to the board of
adjustment all papers constituting the (4) The city council.
record upon which the action appealed (5) The planning and zoning board.
from was taken. The board of adjustment
shall fix a reasonable time for hearing of (6) A department or agency of the city.
the appeal, give public notice thereof at (Code 1981, § 645.27)
least 15 days in advance of public hear-
ing, as well as due notice to the parties in Sec. 110-32. Decisions.
interest, and decide the appeal within a
reasonable time.At the hearing,any party In exercising any of the powers listed in this
Lie may appear in person or by agent or article, the board of adjustment may, so long as
attorney. the action is in conformity with this chapter,
reverse or affirm,wholly or partly, or may modify
(c) Stay of proceedings. An appeal stays all the order,requirement, decision or determination
proceedings in furtherance of the action appealed appealed from and may make such order,require-
from, unless the building official from whom the ment, decision or determination as should be
appeal is taken certifies to the board of adjust- made and to that end shall have all of the powers
ment after the notice of appeal is filed with him of the building official from whom the appeal was
that, because of facts stated in the certificate, a taken.The concurring vote of four members of the
stay would, in his opinion, cause imminent peril board of adjustment shall be necessary to reverse
to life and property. In such case, proceedings any order,requirement,decision or determination
shall not be stayed other than by a restraining of the building official.
order, which may be granted by the board of (Code 1981, §645.29; Ord.No. 12-2003, §9, 7-1-0)
adjustment or by a court of record on application.
The restraining order shall take effect on notice to
Sec. 110-33. Reconsideration of administra-
the administrative official charged with the en
forcement of this chapter and from whom the
tive review, special exception
appeal is taken and on due cause shown. or variance.
(Code 1981, § 645.19)
When a petition for administrative review,spe-
cial exception or variance has been acted on by
Sec. 110-30. Indebtedness. the board of adjustment and disapproved or failed
to pass, such petition in the same or substantially
The board of adjustment shall not incur any similar form shall not be reconsidered by the
debts or enter into any contracts or obligations board of adjustment for a period of two years.This
which would be enforceable against the city, un- section shall not apply to the property owner if
less prior approval has been obtained from the the original request was initiated by any official,
Lase city council. department, board or agency of the city acting in
Supp.No. 12 CD110:15
§ 110-33 CAPE CANAVERAL CODE
any official capacity. This section shall not apply Sec. 110-35. Appeals from board.
to any initial petition or petition for reconsidera Any person aggrieved by any decision of the
tion filed by the city council. board of adjustment or any taxpayer or any offi-
(Code 1981, § 645.31; Ord. No. 5-94, § 1, 2-1-94) cial, department, board or bureau of the city or
the city council may present to the circuit court a
Sec. 110-34. Violation of conditions of spe- petition for issuance of a writ of certiorari, duly
cial exception or variance. verified,setting forth that such decision is illegal,
in whole or in part, specifying the grounds of the
(a) Should the building official determine that illegality in the manner and within the time
a violation has occurred of any condition imposed provided by the state appellate rules.
by the board of adjustment upon a variance or (Code 1981, § 645.33)
special exception, the board of adjustment, upon
receipt of an affidavit by the building official as to Secs. 110-36-110-45. Reserved.
the nature and extent of the violation, shall
provide the petitioner/owner with an opportunity DIVISION 2. SPECIAL EXCEPTIONS
for hearing to demonstrate that the alleged viola-
tion does not exist. Sec. 110-46. Application; procedures.
(b) Notice shall be given at least 15 days in The board of adjustment shall hear and decide
advance of public hearing. The owner of the only such special exceptions as the board of ad-
property, or his designee, if appointed by a power justment is specifically authorized to pass on by
of attorney, the original or certified copy of same the terms of this chapter.The board of adjustment
being on file with the city clerk, for which the shall decide such questions as are involved in
special exception or variance was granted shall be determining whether special exceptions should be
notified by certified mail. granted and shall grant special exceptions with
such conditions and safeguards as are appropri-
(c) A courtesy notice may be mailed to property ate under this chapter or other applicable ordi-
owners of record within a radius of 500 feet, nances or shall deny special exceptions when not
provided, however, that failure to mail or receive in harmony with the purpose and intent of this
such courtesy notice shall not affect any action or chapter.A special exception shall not be granted
proceedings taken pursuant to this section. by the board of adjustment, except according to
the following:
(d) Any party may appear in person or be (1) A written application for a special excep-
represented by an attorney at the public hearing. tion is submitted indicating the section of
After considering the evidence, including testi- this chapter under which the special ex-
mony from the building official and the owner,the ception is sought and stating the grounds
board of adjustment shall determine whether any on which the special exception is sought
condition placed upon a special exception or vari- and stating the grounds on which it is
ance has not been fulfilled. The board shall have requested.
the option to provide an opportunity to cure any (2) All proposed special exceptions shall be
violation found to exist, but is not obligated to do submitted to the planning and zoning
so. The board shall make written findings in board for study and written recommenda-
support of its decision. The city shall have the tion. Such proposal shall be submitted at
authority to seek legal action in a court of compe- least 14 days prior to the planning and
tent jurisdiction to obtain compliance with any zoning board meeting at which it is to be
condition placed upon a special exception or vari- consid-
ance,or seek revocation of the special exception or
variance.
(Ord. No. 43-93, § 3, 12-7-93)
Supp.No. 12 CD110:16
ZONING § 110-171
Lsol
the state department of business and professional tobacco for malt beverages only or
regulation, division of alcoholic beverages and malt beverages and wine only, pro-
tobacco, which dispense, sell, serve, store or per- vided the following are complied with:
mit consumption on the premises of alcoholic 1. The establishment shall have
beverages. In consideration of a special exception
the capacity for and have in
application, the board of adjustment shall not existence at least 25 seats for
approve the application unless it is totally consis-
tent with all the conditions as set forth in this the serving of meals. No area
within the establishment may
section and also the following:
be specifically designed for a
(1) The establishment shall not be permitted bar or lounge operation.
to locate within 300 feet of any existing 2. Consumption of food and malt
church, school grounds or playgrounds beverages or wine shall be on
nor shall a church, school or playground premises only;however,food car-
be permitted to locate within 300 feet of ryout without the alcoholic bev
any existing establishment which dis erages may be permitted.
penses,sells, serves,stores or permits the
on-premises consumption of alcoholic bev- 3. A restaurant licensed under this
erages.The distance shall be measured as exception shall not derive less
the shortest linear distance between the than 51 percent of its gross
property line of the establishment which income from the sale of nonal-
provides or proposes to provide for the coholic beverages and food pre-
sale and consumption of alcoholic bever- pared, sold and consumed on
thilino" ages and the property line of the church, the premises. The obligation to
school grounds or playground. sell 51 percent food and nonal-
coholic beverages is a
(2) The establishment,if licensed by the state u-
ing obligation. It is a violation
division of alcoholic beverages and to- of this zoning code to sell wine
bacco to permit on-premises consumption and malt beverages granted un-
of beverages, shall not be located within der this exception unless the
2,000 feet of another licensed establish- restaurant has derived at least
ment. The distance shall be measured as 51 percent of its gross income
the shortest linear distance between the from the sale of food and non-
property line of the establishment which alcoholic beverages. Such per-
proposes to provide for the sale and con- centage shall be determined by
sumption of alcoholic beverages and the calculating the average monthly
property line of any establishment which gross revenue from the sale of
currently provides for the sale and con- food and nonalcoholic bever-
sumption of alcoholic beverages. Further, ages for the immediately previ-
the establishment shall be in compliance ous 12-month period. In ac-
with the Florida beverage laws (F.S. chs. knowledgment of this continuing
561 through 568). Provided, however, ex- obligation and as a condition
ceptions to this subsection 110-171(a)(2) precedent to the issuance of a
are: special exception, the owner of
a. Restaurants seating 200 or more per- the restaurant shall execute and
sons. deliver to the city an affidavit
b. Hotels and motels with 50 or more and agreement, upon forms ap
proved and provided by the city,
guestrooms. which will attest and covenant
c. Restaurants licensed by the state to the owner's compliance with
division of alcoholic beverages and the provisions of this subsec-
Supp.No. 12 CD110:25
§ 110-171 CAPE CANAVERAL CODE
tion 110-171(a)(2)c.3.The owner (5) Each application for a special exception
shall also retain cash register shall be accompanied by a vicinity map, a
receipts, guest checks and led- site plan map and a building floor plan.
gers which may be reviewed at a. The vicinity map shall be drawn at a
the request of the city to deter- scale of one inch equals 400 feet and
mine compliance.Failure to pro- shall indicate the following informa-
vide records requested shall be tion:
grounds for revocation of the 1. The outer boundary of the vi-
special exception granted un- cinity map, which shall be at
der this section. Any subse- least 2,500 feet from the centroid
quent purchaser, assignee or of the proposed establishment's
transferee will be required to property.
execute and deliver to the city 2. Location of all existing public
an affidavit and agreement, as streets between the proposed
provided above,in order to main- establishment and other estab-
tain the special exception upon lishments and land uses as de-
the property provided by this scribed in subsections(a)(1)and
section. The restaurant, if ad- (a)(2) of this section.
vertised,shall be advertised and 3. Location of all existing churches,
held out to the public to be a school grounds or playgrounds
place where meals are pre- which are within the vicinity
pared and served. map area with specific dis-
tances to the proposed estab-
4. Sale or consumption of malt lishment affixed per subsection
beverages and wine shall be (a)(1) of this section.
limited to the time period set
by chapter 6. 4. Location of all establishments
licensed by the state division of
alcoholic beverages and tobacco,
d. Chapters or incorporated clubs or including package retail sales,
veteran's fraternal organizations con- which are within the required
forming to F.S. § 565.02(4). vicinity map area with specific
distances to the proposed estab-
(3) Package retail sales of alcoholic beverages lishment affixed per subsection
for carryout, except for beer and wine (a)(2) of this section.
sales,shall comply with subsections(a)(1), 5. Existing zoning for all proper-
(a)(4), (a)(5)a.3. and (a)(5)a.5. of this sec- ties within 300 feet to the prop-
tion only. erty of the proposed establish-
ment shall be indicated.
(4) One parking space shall be provided for b. The site plan map shall be drawn at
each three seats or seating places. All a scale not less than one inch equals
seats or seating places, whether located 100 feet and shall indicate the fol-
within a restaurant area or a bar/lounge lowing information:
area,will be included in the calculation of 1. Location and dimension of the
the required number of parking spaces. proposed establishment's prop-
Package retail sales establishments shall erty lines, all existing and pro-
provide parking as determined by the posed structures, driveways,
building official, who shall use the ratios parking spaces and ingress/
established in article IX of this chapter. egress points.
Supp.No. 12 CD110:26
ZONING § 110-191
2. The following information shall (c) For on-premises consumption of liquors,
be presented in tabulated form: restaurants or cocktail lounges shall have a min-
i. Number of parking spaces. imum building area of 2,000 square feet and a
ii. Number of restaurant seating capacity of 100 patrons.
seats. (Code 1981, § 642.01; Ord. No. 15-96, § 1, 9-3-96;
Ord.No.20-96,§ 1,9-17-96;Ord.No.09-2003,§2,
iii. Number of bar/lounge 5-6-03; Ord. No. 19-2003, § 2, 7-15-03; Ord. No.
seats. 36-2003, § 2, 10-21-03)
iv. Building area.
v. Lot area. Secs. 110-172--110-190. Reserved.
c. The building floor plan shall be of a
scale appropriate for the establish- ARTICLE V. NONCONFORMITIES
ment, but in no case shall the scale
be less than one-eighth inch equals Sec. 110-191. Intent.
one foot and shall detail room lay-
outs and exits. (a) Within the districts established by this
chapter or subsequent amendments there exist
(b) Any special exception granted under this lots, structures, placement of structures, uses of
section may be temporarily suspended or abso- land and structures and characteristics of use
lutely revoked by majority vote of the board of which were lawful prior to enactment of the
adjustment at a public hearing,when the board of ordinance from which this section is derived or
adjustment has determined by competent substan- amendment, but which would be prohibited, reg-
tial evidence that either: ulated or restricted under the terms of this chap-
(1) ter or subsequent amendment. It is the intent of
The establishment has obtained the spe- this chapter to permit these nonconformities to
cial exception upon false statements,fraud, continue, but not to encourage their continuance.
deceit,misleading statements,or suppres Such nonconformities are declared incompatible
sion of material facts; with permitted lots,structures,placement of struc-
(2) The establishment has committed substan- tures, uses and characteristics of use in applica-
tial violations of the terms and conditions ble districts.It is further the intent of this chapter
on which the special exception was granted; that nonconformities shall not be used as grounds
for adding other structures or uses prohibited
(3) The establishment no longer meets the elsewhere in the same district.
requirements of this section or the Florida
Beverage Code; or (b) Any building which is made nonconforming
by virtue of this chapter shall be allowed to be
(4) The management of the establishment replaced, if it is destroyed, to the same standards
knowingly allowed illegal activities to be that it was prior to the adoption of this chapter
conducted on the premises including, but (September 6, 1983). This shall also include those
not limited to,possession or sale of illegal projects which are yet to be completed, but for
substances,racketeering,prostitution,lewd which application for site plan approval has been
and lascivious behavior,and unlawful gam- made prior to adoption of this chapter and for
bling. which a building permit was obtained before
Prior to any special exception being revoked, February 28, 1984. If a rebuilding is required, all
the establishment shall be provided with min-
form to the existing zoning ordinance.
efforts shall be made, where practicable, to con-
imum due process including notice of the grounds
for revocation and hearing date, an opportu- (c) All nonconforming lots of record as of Sep-
nity to be heard, the right to present evidence, tember 6, 1983, shall be allowed to be used in
‘1111.00? and the right to cross-examine adverse wit constructing structures that have been destroyed.
nesses. The rebuilt structure will be rebuilt as close as
Supp.No. 12 CD110:26.1
§ 110-191 CAPE CANAVERAL CODE
J
practicable to the original building and shall (3) Should such structure be moved for any
make every effort to conform to the existing reason for any distance whatever, it shall
zoning ordinance. thereafter conform to the regulations of
the district in which it is located after it is
(d) This chapter shall not be construed to moved.
allow for the extension or enlargement of a non-
conforming lot or building but is merely intended (4) Where a lawful dwelling structure, lo-
to allow the rebuilding of structures after the cated on a single lot of record,exists at the
result of a catastrophe in as near a similar fash- effective date of adoption or amendment
ion as practicable. of the ordinance from which this section is
(Code 1981, § 643.01) derived that could not be built under this
chapter, such structure may be repaired,
Sec. 110-192. Mobile home parks and single- enlarged,extended,rebuilt,reconstructed
family mobile home districts. or structurally altered, provided that set-
back dimensions, maximum lot coverage,
(a) Mobile home parks and single-family mo- building setback lines and other require-
bile home districts in existence on October 28, ments of the additional structure conform
1975, shall be permitted, provided the number of to the regulations for the district in which
spaces shall not exceed those licensed or previ- such lot is located. Any additional con-
ously platted to such mobile home parks or dis- struction to an existing structure that
tricts on that date and provided further that such encroaches on setback requirements must
mobile home parks shall not exceed the limits of conform to the setback requirements of
property also on that date under unity of title and the zoning district. Any legally estab-
shall be in accordance with state law. lished encroachment on setback require-
(b) Removal and installation of a mobile home ments may be repaired, rebuilt, recon-
unit shall be done only after a permit is issued for strutted or structurally altered, but not
this purpose by the building official. enlarged or extended, provided the en-
(Code 1981, § 643.03) croaching portion of the structure is an
integral part of the structure.
Sec. 110-193. Nonconforming structures. (Code 1981, § 643.05)
Where a lawful structure exists at the effective
date of adoption or amendment of the ordinance
from which this section is derived that could not
be built under this chapter because of restrictions
on area, lot coverage, height, setback or other
characteristics of the structure or its location on
the lot, such structure may be continued, so long
as it remains otherwise lawfully subject to the
following:
(1) Such structure may not be enlarged or
altered in a way which increases its non-
conformity, but any structure or portion
thereof may be altered to decrease its
nonconformity.
(2) Should such structure be destroyed by
any means to an extent of more than 50
percent of its fair market value at time of
destruction, it shall not be reconstructed,
except in conformity with this chapter.
`'.•14)
Supp.No. 12 CD110:26.2
ZONING § 110-222
ited to, the following: Will the re- (b) Nothing in this chapter shall be deemed to
quested use (i) use less space; (ii) prevent the strengthening or restoring to a safe
have fewer employees; (iii) require condition of any building or part thereof declared
less parking; (iv) create less traffic; to be unsafe by an official charged with protecting
(v) have fewer deliveries; (vi) create the public safety, upon order of such official.
less noise; (vii) create a better bene- (Code 1981, § 643.09)
fit to surrounding area than previ-
ous use; (viii) be more acceptable Sec. 110-198. Temporary uses.
with the existing and future use or
make up of the area, (ix) be more The casual, intermittent, temporary or illegal
normally found in a similar neigh- use of land or structures shall not be sufficient to
borhood; or (x) be of a less impact establish the existence of a nonconforming use.
than the present nonconforming use? Such use shall not be validated by the adoption of
(Code 1981, § 643.07(B); Ord. No. 19-96, § 1, the ordinance from which this section is derived,
9-3-96) unless it complies with this chapter.
(Code 1981, § 643.15)
Sec. 110-196. Nonconforming lots of record.
Secs. 110-199-110-220. Reserved.
In any zoning district in which single-family
dwellings are permitted, a single-family dwelling
and customary accessory buildings may be erected, ARTICLE VI. SITE PLANS*
expanded, or altered on any single lot of record,
notwithstanding that such lot fails to meet the Sec. 110-221. Submittal and review required.
requirements for area,width,and/or depth for the
applicable zoning district. This provision shall Under this chapter, site plan submittal and
only apply where yard dimensions and require- review are required for the following:
ments other than area, width, and/or depth con- (1) New commercial buildings or structures.
form in all other respects with the land develop-
ment regulations for the applicable zoning district. (2) New residential structures with four or
(Ord. No. 41-2003, § 2, 12-16-03) more dwelling units.
Editor's note—Ord. No. 41-2003, § 2, adopted Dec. 16, (3) Commercial additions exceeding 850 square
2003, added a new section 110-196 to read as herein set out
and renumbered the former §§ 110-96 and 110-97 as 110-97 feet of gross floor area.
and 110-98. (Code 1981, § 645.05(A))
Sec. 110-197. Repairs and maintenance. Sec. 110-222. Criteria required.
(a) On any building devoted in whole or in part Site plan criteria required under this chapter
to any nonconforming use, work may be done in shall be as follows:
any period of 12 consecutive months on ordinary
repairs or on repair or replacement of nonbearing (1) Plan drawn to scale, no greater than one
walls, fixtures, wiring or plumbing to an extent inch to 50 feet,on sheets two feet by three
not exceeding ten percent of the replacement
feet, showing the following site data:
value of the building, provided that the cubic a. Size, height, number of units and
content of the building as it existed at the time of location of proposed and existing
passage or amendment of the ordinance from structures and their relationship to
which this section is derived shall not be in- property lines, setbacks, easements,
creased and,provided further,that such repair or streets, etc.
replacement shall not affect the assessed valuation- b. Dimensions and total gross acreage
time allowance before termination setting the of the site and percentage devoted to
(000` time limit for conformity, set forth in section
110-195(6). *Cross reference—Planning, ch. 58.
Supp.No. 12 CD110:29
§ 110-222 CAPE CANAVERAL CODE
structures and percentage of park- d. Location of established seawall line
ing area devoted to landscaping with and information for construction, if
curbs and water provisions. required.
c. Total number of units proposed; to- e. Surveyor's certification.
tal number and size of on-site park-
ing spaces and loading zones. f. Elevations to be given on one-foot
intervals.
d. Traffic flow diagram to ensure that
an orderly and safe traffic flow is g. Range markers and coastal construc-
permitted within the site and that tion setback line, where required.
no traffic problems are created by h. Location and type of existing trees
the proposed ingress and egress four inches in diameter or larger.
routes.
e. Calculation of density(dwelling units (3) Engineering data, including the follow-
per acre). ing:
f. Location and dimension of areas for a. Finished grades for entire parcel,
parks,canals,waterways,boat slips, finished elevations for floors,streets,
parking areas,swimming pools,drive- parking lots,sidewalks,ten inches of
ways, recreation, trash and garbage adjoining property, etc.
pickup, sidewalks, dune crossovers, b. Details, sections and specifications
etc. required of all improvements, such
g. In those site plans which require a as streetlights, water and sewer
subdivision of land,no site plan shall (structures, pipes, appurtenances),
be approved until the planning and paving and drainage, curbs, storm
zoning board has given approval to drainage and sidewalks.
the preliminary plat. c. Engineer's seal required in draw-
h. The type of enclosure for and loca- ings.
tion of communal-type trash contain-
ers (dumpsters). Type of enclosure d. Engineering storm drainage design
shall be subject to approval and ac calculation and drainage maps.
ceptance of the planning and zoning (4) Square footage of building for the follow-
board. ing:
i. Fire alarm and standpipe data,when a. Living.
required.
j. Site vicinity map. b. Parking.
k. Location of planned landscaping in c. Other.
compliance with sections 110-566 and d. Total under roof.
110-567.
(2) Topographic survey, including the follow (5) Drawing notes required as follows:
ing: a. Sidewalk and sanitary sewers to be
a. USC and G.S. datum plane. constructed to city standards.
b. Existing and proposed streetlights, b. Water lines to conform to City of
water, sewer, paving, storm drains, Cocoa standards.
fire hydrants, sidewalks, etc. c. Where applicable, fire alarm system
c. Lot lines and dimensions of all set- to be installed and connected to city
backs, structures and easements. fire department standards.
Supp. No. 12 CD110:30
ZONING § 110-223
(6) For mean high water, survey shall be official shall prepare a site plan checklist to be
done by procedures established by F.S. submitted to the planning and zoning board when
§ 177.25 et seq. a site plan is reviewed.
(Code 1981, § 645.05(C))
(g) The planning and zoning board, following
public hearing and review of any submitted site
Sec. 110-223. Review procedures.
plan, may approve, approve with conditions, or
(a) Five copies of the site plan,prepared,signed deny the application based upon the site plans
and sealed by a professional engineer licensed by compliance with the city's Code and comprehen-
the state, shall be filed with the building official sive plan.All decisions of the planning and zoning
no later than 30 days prior to the meeting date at board are final, subject to the right of appeal to
which the applicant is seeking planning and zon- the city council provided below.
ing board review. Filing fees as set forth in
appendix B to this Code shall be paid at this time. (h) If the planning and zoning board elects to
grant conditional approval of a site plan subject to
(b) The site plan shall be submitted by the any conditions or contingencies, the applicant
building department to the following department shall have 90 days from the date of conditional
heads for their review and comments: site plan approval to satisfy any such conditions
(1) City engineer or registered engineers ap and/or contingencies. If all conditions and/or con-
proved by the city. tingencies are satisfied, the final site plan ap-
proval date shall be either the expiration of the
(2) Building department. 90-day period; or the date the building official
(3) Fire marshal. certifies by notation on all city site plan copies,
that all conditions and/or contingencies are satis-
L (4) State department of environmental pro feed, whichever first occurs. If the conditions
tection. All phases calling for buildings and/or contingencies are not satisfied before the
located on the Atlantic Ocean and Banana expiration of the 90-day period the conditional
River are to be reviewed by this depart- approval shall be automatically withdrawn and
ment. the application shall stand as denied. The 90-day
(c) Within 14 days of the time the plans are compliance period may be extended at the discre-
received by the various department heads, they tion of the planning and zoning board, upon
shall submit, in writing, to the building depart- written request of the applicant prior to the
ment, a written report commenting on factors expiration of the 90 day compliance period, and
relating to the site plan. where the applicant demonstrates unusual cir-
cumstances or undue hardship.
(d) The building department shall give a copy (i) The planning and zoning board shall have
of the written comments to the applicant or his no authority to consider a proposed site plan
representative to review, respond to and make
any changes he deems appropriate to conform to unless:
the comments and recommendations from the (1) The applicant has adequately and corn-
department heads. pletely addressed all items on the site
plan checklist prepared by the building
(e) The applicant shall submit seven copies of official; and
the revised site plan, along with his architect's
and engineer's comments, in response to the de- (2) The applicant has otherwise complied with
partment heads' reviews, to the building depart- all matters contemplated under this sec-
ment no later than five days prior to the meeting. tion.
(f) All plans shall be made available to the At any meeting held for that purpose, the plan-
planning and zoning board.All site plans required ning and zoning board shall table and reschedule
(1110," under this article shall be reviewed for approval any site plan scheduled for consideration which is
by the planning and zoning board. The building determined by the building official not to have
Supp.No. 12 CD110:30.1
§ 110-223 CAPE CANAVERAL CODE
J
complied with all of the requirements of this (d) The city council shall grant or deny the
section. A finding by the building official that a appeal by majority vote in accordance
site plan is ready for consideration by the plan- with the council's quorum requirements
ning and zoning board shall not be construed as contained in the City Charter. Failure to
binding the board to approve the site plan. reach a majority vote will result in denial
of the appeal.Any dispute of fact must be
(j) Following a public hearing on any applica- decided on the basis of a competent and
tion for site plan approval [before] the planning substantial evidence. The decision of the
and zoning board the board's secretary shall send city council is final.
to the applicant, by certified mail, return receipt
requested, written notice of the action taken and (e) Judicial review of the denial of site plan
the right to an appeal, as provided below. approval shall be available only after the
(Code 1981,§645.05(B);Ord.No.37-93, 10-19-93; administrative procedures and remedies
set forth in this section have been ex-
Ord. No. 2-94, 2-1-94; Ord. No. 35-2003, § 2, hausted.
10-21-03) (Ord. No. 35-2003, § 2, 10-21-03)
Sec. 110-223.5. Appeal. Sec. 110-224. Expiration.
Any person(s) or the city aggrieved by the All site plans under this article shall expire in
decision of the planning and zoning board to the 12 months from the final approval of the planning
city council in accordance with the following pro- and zoning board, unless the building permit is
cedures.The filing of an appeal stays the action of issued or the applicant files with the city in
the planning and zoning board until a decision by writing a time extension for such site plan. The
the city council is rendered. planning and zoning board shall recommend at
its discretion such requests for city council ap-
(a) The applicant may, not later than ten proval by resolution only if justifiable cause is
calendar days after receiving notice of demonstrated and there have been no changes in
final action by the board relating to site any regulations in the interim. If granted, there
plan approval, file with the city clerk a shall be a one-time extension for no longer than
written request for an appeals hearing six months.
before the city council. (Code 1981, § 645.05; Ord. No. 10-91, §§ 1, 2,
11-7-91)
(b) If a written request is filed within the
ten-day limit and as otherwise provided Secs. 110-225-110-245. Reserved.
above, the city council shall consider the
request. The city council shall hear, and
make a determination on,the appeal within ARTICLE VII. DISTRICTS*
30 days from the date the written request
for an appeal is received by the city clerk.
The applicant shall be provided notice of DIVISION 1. GENERALLY
the city council hearing at least seven
days prior to the council hearing. Sec. 110-246. Official zoning map—Adopted.
(c) The city council shall hear and consider (a) The city is divided into zones or districts,as
evidence offered by any interested person shown on the official zoning map which, together
to determine whether the planning and with all explanatory matter thereon, is adopted
zoning board properly denied an applica- by reference and declared to be part of this
tion for site plan approval in accordance chapter. The official zoning map shall be identi-
fied by the signature of the mayor, attested to by
with the City Code and city comprehen-
sive plan. The formal rules of evidence do *Cross reference—Sign regulations for shopping centers,
not apply. §94-100.
Supp. No. 12 CD110:30.2
ZONING § 110-246
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
Lele 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. 12 CD110:30.3
J
3
ZONING § 110-321
Lire
Sec. 110-316. Area and dimensions. (3) Side (corner lot line), 25 feet; on all non-
conforming lots of record, 15 feet.
In the R-3 medium density residential district,
area and dimensions shall be as follows: (4) Rear, 15 feet.
(1) Minimum lot area shall be as follows: (5) Public or private street, 25 feet.
a. One- and two-family, 7,500 square (b) See section 110-536 for special setbacks.
feet. (c) Side setbacks for all lots contiguous with
b. Multiple-family, 10,000 square feet. the ocean beach shall be ten feet or ten percent of
(2) Minimum lot width shall be 75 feet. the width of the lot,whichever is greater,up to 15
feet.
(3) Minimum lot depth shall be 100 feet. (Code 1981, § 637.39)
(4) Maximum lot coverage shall be 35 per Sec. 110-318. Offstreet parking and access.
cent.
In the R-3 medium density residential district,
(5) Minimum living or floor area shall be as offstreet parking and access to a public or private
follows: street shall be provided in accordance with sec-
a. One-family, 1,100 square feet per tion 110-491 et seq.
dwelling unit. (Code 1981, § 637.41)
b. Two-family,750 square feet per dwell-
ing unit. Sec. 110-319. Minimum breeze requirement.
c. Multiple family, as follows: In the R-3 medium density residential district,
1. Efficiency, 450 square feet per at least 25 percent of the north/south dimension
of the property shall be open to the breeze in an
dwelling unit. east/west direction. This shall include required
2. One bedroom, 650 square feet setbacks.
per dwelling unit. (Code 1981, § 637.43)
3. Two bedrooms, additional bed-
rooms,750 square feet per dwell- Sec. 110-320. Dune crossovers required.
ing unit plus 200 square feet In the R-3 medium density residential district,
for each additional bedroom. site plans with four or more units on parcels on
(6) Maximum height shall not exceed 45 feet. the Atlantic Ocean shall provide dune crossovers
conforming to specifications of the state depart-
(7) Maximum length or width of a structure ment of environmental protection.All such cross-
shall not exceed 185 feet. overs shall be maintained in a safe condition by
(Code 1981, § 637.39) the owners of the property. All crossovers will be
allowed to be built within the setback area, pro-
Sec. 110-317. Minimum setbacks. vided a state department of environmental pro-
(a) In the R-3 medium density residential dis- tection permit is obtained, and there will be no
trict, the minimum setbacks required shall be as requirement for a variance to allow these struc-
follows: tures to be built in the setback area.
(Code 1981, § 637.44)
(1) Front, 25 feet. (See subsection (b) of this
section.) Sec. 110-321. Protection of public beach-
(2) Side (interior lot line), eight feet or ten end parking.
percent of width of lot,whichever is greater, In the R-3 (medium-density residential)zoning
up to 15 feet. (See subsection (b) of this district there exists beach-end public parking as
section.) described in the following schedule:
Supp. No. 12 CD110:37
§ 110-321 CAPE CANAVERAL CODE
Public Beach Access # of Public Spaces Location (side of street)
1 Harbor Heights 12, plus 1 handicapped East side
2 Canaveral Sands 0 N/A
3 Washington 10 North side
4 Adams 8 North side
5 Jefferson 8 North side
6 Madison 14 North side
7 Monroe 15 North side
8 Jackson 16, plus 1 handicapped North side
9 Harrison 14 North side
10 Tyler 14 North side
11 Polk 7, plus 1 handicapped North side
12 Taylor 14 North side
13 Fillmore 13 North side
14 Pierce 14 North side
15 Buchanan 12, plus 1 handicapped North side
16 Lincoln 9 North side
17 Johnson 10 North side
Access to property lying adjacent to these pub- (3) Where a variance is granted, the maxi-
lic parking facilities shall be subject to the follow- mum number of beach-end public parking
ing: spaces to be removed shall be two spaces
or 20 feet.
(1) Ingress and egress to future development (4) For any multiple-dwelling-unit develop-
or redevelopment projects shall not cause
the removal or reduction of any existing ment or redevelopment,ingress and egress
beach-end public parking spaces, except access shall only be provided through a
as provided herein. single shared driveway to minimize the
elimination of beach-end public parking
(2) If, by operation of this section, ingress spaces.
and egress to the property is denied, the (Ord. No. 37-2003, § 2, 10-21-03)
property owner may apply for a variance Secs. 110-322-110-330. Reserved.
under this chapter. To be entitled to such
a variance,the property owner must dem-
onstrate that no reasonable alternative DIVISION 5. C-1 LOW DENSITY
ingress or egress is available. Reasonable COMMERCIAL DISTRICT*
alternatives include, but are not limited Sec. 110-331. Intent.
to, existing driveways, alleys, or access The requirements for the C-1 low density com-
easements.This subsection is supplemen-
tal and in addition to any requirements mercial district are intended to apply to an area
provided within section 110-62 or any *Cross reference—Sign regulations in the C-1 low den-
'"040111)
other provisions of the City Code. sity commercial district,§94-99.
Supp.No. 12 CD110:38
ZONING § 110-334
(111111101
adjacent to major arterial streets and convenient (9) Plant nurseries and greenhouses, pro-
to major residential areas. The types of uses vided that all outside display merchan-
permitted are intended to serve the consumer dise shall be contained in the required
needs of nearby residential neighborhoods, as setbacks.
well as the commercial needs of the motorist. Lot (10) Repair service establishments, such as
sizes and other restrictions are intended to reduce household appliances, radio and TV and
conflict with adjacent residential uses and to similar uses, but not including automo-
minimize the interruption of traffic along thor- bile repairs.
oughfares. All buildings in this district shall be
considered in the fire district, as per the defini- (11) Kindergartens and child care facilities.
tion in section 110-1, and shall be built in con- (12) Shopping centers and malls.
formance with the rules and regulations of fire
districts. (13) Retail sale of beer and wine for off-
(Code 1981, § 637.45) premises consumption.
(14) Public schools.
Sec. 110-332. Principal uses and structures. (Code 1981, §637.47; Ord. No. 17-96, §3, 10-1-96)
In the C-1 low density commercial district, the Sec. 110-333. Accessory uses and structures.
following uses and structures are permitted:
(1) Retail stores, sales and display rooms. In the C 1 low density commercial district,
customary accessory uses of one or more of the
(2) Personal service establishments, such as principal uses clearly incidental and subordinate
beauty shops and barbershops, laundry to the principal use, in keeping with the low
and dry cleaning pickup stations, tailor density commercial character of the district, are
shops and similar uses. permitted.
(3) Professional offices, studios, clinics, (Code 1981, § 637.49)
labo-
ratories, general offices, business schools Sec. 110-334. Special exceptions permissi-
and similar uses.
ble by board of adjustment.
(4) Hotels, motels. In no case shall there be
more than 30 rental units per net acre nor (a) In the C-1 low density commercial district,
shall a rental unit have a floor area less after public notice and hearing, the board of
than 300 square feet. Hotel and motel adjustment may permit special exceptions which
units containing provisions for cooking or are compatible to permitted uses and which are
light housekeeping shall have a minimum able to meet the minimum requirements and
floor area not less than 400 square feet. performance standards as set forth in this zoning
Motels and hotels may not be converted to district.
other types of dwellings at more than the (b) The board of adjustment may adjust set-
density required in this chapter for such backs and provisions noted in article IX of this
dwellings. chapter as necessary and appropriate in granting
(5) Eating establishments. special exceptions.
(6) Public and semipublic parks,playgrounds, (c) Special exceptions may be permitted for the
clubs and lodges, cultural facilities, hos- following:
pitals, clinics, mortuaries, funeral homes, (1) Veterinary hospitals and clinics.
government offices, schools, churches and (2) Radio and television studios, broadcast-
similar uses. ing towers and antennas.
(7) Banks and financial institutions.
(8) Commercial recreation, such as driving
ranges, bowling alleys and similar uses.
Supp.No. 12 CD110:38.1
J
LW' ZONING § 110-469
ARTICLE IX. SUPPLEMENTARY (5) A sign specifying a garage or yard sale
DISTRICT REGULATIONS* may be displayed on the premises of the
sale on sale days only. Such sign shall not
DIVISION 1. GENERALLY exceed four square feet in size.
(6) The person in charge of the sale shall
Sec. 110-466. Application of performance ensure that automotive vehicles of poten-
standards. tial or actual customers do not interfere
with pedestrian or vehicular traffic in the
(a) Any use, building, structure or land devel- vicinity.
oped, constructed or used for any permitted prin- (Code 1981, § 641.13)
cipal use or any use permissible as a special
exception or any accessory use shall comply with Sec. 110-468. Accessory structures.
all of the performance standards set by federal,
state and county regulations. (a) No accessory structure shall be erected in
any front yard, and the accessory structure shall
(b) If any use or building or other structure is not cover more than 30 percent of any required
extended, enlarged or reconstructed, the perfor- rear setback. No separate accessory structures
mance standards involved shall apply with re- shall be erected within ten feet of any building on
spect to such extended, enlarged or reconstructed the same lot or within five feet of any lot line.An
portion of such use, building or other structure. accessory structure shall not exceed 24 feet in
(Code 1981, § 641.15) height. However, a lot with a one- or two-family
residence only may have one additional accessory
Sec. 110-467. Garage sales. structure erected per unit, not to exceed 100
Lige,
square feet with a maximum height of ten feet if
The noncommercial sale of privately owned detached or 32 square feet with maximum height
items at retail from residential premises, com- of ten feet if attached in rear setback. In new
monly known as a garage sale or yard sale, shall construction an accessory building may not be
comply with the following: constructed prior to the construction of the main
(1) Hours of sale shall be restricted to day- building. No accessory building shall be used for
light hours. any home occupation or business or for perma-
nent living quarters;it shall contain no kitchen or
(2) The sale may continue for two periods of cooking facilities. It may be used for housing
not more than three consecutive days temporary guests of the occupants of the main
each. The two periods of sale shall be building. It is not to be rented or otherwise used
separated by a minimum of four nonsale as a separate dwelling.
days, and the total sale days shall be (b) Storage or utility sheds of a temporary
completed within 15 consecutive calendar nature,without a permanent foundation,not over
days. 100 square feet in size or more than seven feet
(3) Yards shall be cleared of salable items on high, are exempt from this section, provided they
all nonsale days. are in the rear yard only.
(4) Subsequent garage sales conducted on (Code 1981, § 641.23)
the same premises by the same household Sec. 110-469. Visibility at intersections.
are permitted 180 days after the close of
the preceding sale. On a corner lot in any zoning district, nothing,
shall be erected or placed in the triangular area
*Cross references—Litter,§34-26 et seq.;property main- bounded on two sides by the street right-of-way
tenance requirements,§34-97;lighting regulations, §34-206
et seq.;solid waste, ch. 62; floodplain protection regulations, lines and on the third side by a straight line
(01111110" § 90-91 et seq.; signs restrictions based on zoning district, drawn between two points on the street right-of-
§94-96 et seq. way line located 25 feet from the point of the
Supp.No. 12 CD110:59
§ 110-469 CAPE CANAVERAL CODE
intersection of the street right-of-way lines ("site four feet in height if within 25 feet of any
visibility triangle"), except traffic signs, utility public right-of-way.When the boundary of
poles and infrastructure, sidewalks, and ground a commercial or industrial zoning district
cover landscaping(e.g. grass,very small shrubs). abuts any residential zoning district, and
Ground cover landscaping shall not exceed one a fence or wall is used to meet the require-
and one-half feet in height at and after planting. ments of section 110-566,the fence or wall
As provided above, trees shall not be planted shall have a minimum height of six feet
within the site visibility triangle.Any tree exist- and a maximum height of eight feet;
ing within this triangular area, as of the effective (4) No wall shall be built along unimproved
date of this section, shall be allowed to remain property boundaries until and unless the
provided the same is trimmed and maintained owner has obtained and paid for a build-
such that no part of the tree canopy is lower than ing permit for the principal structure;
ten feet in height, measured from the point lo-
cated on the street right-of-way line nearest the (5) All concrete boundary walls are to be
tree. finished by stuccoing or painting in neu-
tral colors at the time they are con-
As provided above,fencing shall not be erected structed.All fences shall be constructed or
or placed within the site visibility triangle. Any installed such that the finished side faces
chain-link, wire, or split-rail fencing which law- abutting properties or public rights-of-
fully existed as of the effective date of this ordi- way. If chain-link is used for fencing, the
nance, shall be allowed to remain provided the same must have a top rail and the rail and
same is maintained clear of vegetation or other chain-link must be coated in a rubber or
opaque material.Any lawfully existing fence shall vinyl material; and
be removed from the site visibility triangle at the
time of permitting any new fencing upon the (6) No words or symbols, other than street
property. addresses and names of occupants in res-
(Code 1981, § 641.25; Ord. No. 34-2003, § 2, idential districts, shall be permitted on
10-21-03) exterior boundary fences or walls, except
Cross references—Property maintenance requirements, a small sign, not to exceed 32 square
§34-97; streets,§66-26 et seq.;traffic and vehicles,ch. 74. inches, may be attached identifying the
fence manufacturer or installer. If there
Sec. 110-470. Fences, walls and hedges. are such nonallowed words or symbols,
they shall be covered or removed within
(a) Fences and walls may be permitted in any seven days of notification to the owner by
yard, except as specified in section 110-469, pro- the city.
vided the following restrictions shall apply:
(1) In any residential district, no fence or (b) Hedges may be permitted in any yard,
wall in any side or rear yard shall be over except as specified in section 110-469 of this code,
six feet in height or over four feet in provided the following restrictions shall apply:
height if within 25 feet of any public (1) Any hedge planted to satisfy the visual
right-of-way,unless otherwise specified in screening requirements provided within
this section; section 110-566 of this Code shall have a
(2) In any residential district where property minimum height at time of planting of
abuts a public beach access parking area, three feet and will be required to reach a
the fence or wall in a side, rear or front minimum height of six feet, unless other-
yard which abuts the public parking area wise provided by this chapter, and a den-
shall not exceed six feet in height; sity of at least 80 percent opacity within
(3) In any commercial or industrial district,
two years of planting;
no fence or wall in any side or rear yard (2) No hedge planted to satisfy the visual
shall be over eight feet in height or over screening requirements of section 110-566
Supp.No. 12 CD110:60
ZONING § 110-473
cre.
of this code and located adjacent to a minimum access width of 15 feet to a public
property boundary shall exceed four feet right-of-way or an approved private right-of-way.
in height if within 25 feet of any public (Code 1981, § 641.31)
right-of-way;
Sec. 110-473. Minimum width of courts.
(3) Any hedge located adjacent to any public
right-of-way, sidewalk or easement uti- The minimum width of a court shall be 30 feet
lized for public purposes shall be set back for one-story buildings,40 feet for two-story build-
a minimum of three feet from the prop- ings and 60 feet for four-story buildings.For every
erty line or easement boundary to ensure five feet of height over 40 feet,the width of such a
such hedge will not encroach into or im- court shall be increased by two feet,provided that
pede the use of such public right-of-way, open unenclosed porches may project into a re-
sidewalk or easement; quired court not more than 25 percent of the
width of such court. Nominal insets in the build-
(4) Any hedge planted or otherwise estab- ing facade of six feet or less shall be exempt from
lished in accordance with this chapter this section.
shall be comprised of a desirable species (Code 1981, § 641.39)
of vegetation as defined in chapter 102 of
this Code, as may be amended from time
to time; and
(5) All hedges shall be maintained in accor-
dance with Chapter 34 of this code and all
other applicable statues, ordinances, and
Loie regulations affecting landscaping and veg-
etation.
(Code 1981, § 641.25; Ord. No. 7-00, § 1, 7-18-00;
Ord. No. 03-2003, § 2, 8-19-03)
Cross references—Property maintenance standards,§34-
97; building code, § 82-31 et seq.; swimming pool code,
§82-246 et seq.;housing code, §82-271 et seq.
Sec. 110-471. Exceptions to height regula-
tions.
The height limitations contained in article VII
of this chapter do not apply to spires, belfries,
cupolas,antennas,water tanks,solar panels,ven-
tilators, chimneys, elevator equipment, air condi-
tioning or other necessary equipment room usu-
ally required to be placed above the roof level and
not intended for human occupancy.
(Code 1981, § 641.29)
Sec. 110-472. Access.
Every building shall be on a lot fronting on a
public street or on an approved private street or
with legal access to a public street and shall have
a safe and convenient access for servicing, fire
Lose. protection and required offstreet parking.All lots
upon which structures are built shall have a
Supp.No. 12 CD110:60.1
J
J
(111110.1 ZONING § 110-556
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
mitted 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
90 days with 90-day extensions permitted,subject (4) That a continuous, densely planted,
to the need thereof as determined by the building greenbelt of not less than 15 feet in width,
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
All commercial and industrial areas used for § 110-566 et seq. of the City Code, as may
the display or parking of any and all types of be amended from time to time. Where a
vehicles, boats or heavy construction equipment wall or fence is to be used as screening, as
and all land upon which vehicles traverse the 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
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. 12 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 102-44, 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-
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
placed along the edge of the ditch or water body,
(1) Be provided along the entire length of the instead of on the property line. Where existing
boundary separating the commercial or trees exist within the buffer area, the fence or
industrial zoning district from the resi wall shall be located so as to preserve the trees.
dential zoning district. (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)
ing or shrubs designed and placed in a
manner rendering such visual screen den- Sec. 110-567. Interior landscaping for
sity of at least 80 percent within a period offstreet parking areas.
of two years after such screen is provided.
(a) Offstreet parking areas in C-1, C-2, M-1
(3) Be not less than four or more than eight and R-3 districts shall have internal and perime-
feet in height, except as provided in sec- ter landscaping as follows:
tion 110-470.
(1) Parking areas with ten or fewer spaces
(4) Have a minimum of one ten-point tree shall have at least one ten-point tree for
value as defined in section 110-567 which every five spaces or fraction thereof planted
shall be planted every 35 feet with at least within the interior of the parking lot.
two five-point trees on the minimum 50-
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
every five spaces or fraction thereof inter-
*Cross references—Environment, ch. 34; requirements spersed throughout the parking area. In
for landscape appearance and maintenance, §34-99. addition,one ten-point tree shall be placed
Supp. No. 12 CD110:70
ZONING § 110-568
at the end of each row where internal (8) All landscaping specified in this subsec-
curbing would be placed, even though tion shall be properly maintained and
internal curbing may not be required. replaced if for any reason it does not
However, trees must be protected from survive.
vehicular encroachment.
(9) The value of the landscaping for the in-
(3) Subsections (a)(1) and (2) of this section ternal parking areas and their perimeter,
may be satisfied by cluster plantings, at as well as all additional external landscap-
the discretion of the building official. ing for other areas on the site,will not be
less than one percent of the total cost of
(4) Parking areas in the C-1, C-2 and M-1 the project, including land acquisition, or
districts and parking areas in the R-3 three percent of the project, excluding
districts that contain 16 or more parking land acquisition, whichever is greater.
spaces shall be planted to a width of at
least two feet of the entire perimeter (b) Tree value points referred to in subsection
facing the public right-of-way, except for (a) of this section shall be grade Florida Fancy or
ingress and egress and sidewalks. The Florida #1 and will have the following values:
perimeter shall be planted with decora- Florida Florida
tive shrubs and bushes not less than Fancy #1
three feet in height to form a visual screen Points Tree Points
with a density of at least 80 percent 10 Large and medium species,ten feet tall 7
within two years of planting. Perimeters with greater than three-inch diameter
facing such public right-of-way shall, in (dbh)and two-foot spread.
5 Small species,six feet tall with two to 4
addition,have five tree value points planted three inch diameter (dbh) minimum
every 35 feet with at least ten tree values and two-foot spread.
on a minimum 50-foot C-1 lot,and 15 tree 5 Cabbage palms, minimum height six 4
values on the minimum 75-foot C-2 or R-3 feet(overall).
5 Non-native palms, minimum height 4
lot unless a greater restriction is other- three feet(overall).
wise provided for in this chapter.
(c) Only trees listed in section 102-44 having
(5) No trees shall be planted that will ob- the cold tolerance designation (+)shall be consid-
struct visibility at intersections or points ered for use in meeting landscaping requirements
of ingress and egress to streets. See sec- for C-1, M-1 and R-3 zones. Further, if the plant-
tion 110-469. The perimeter footage de- ing is in an area subjected to salt air, the B
fined in section 110-469 and ingress and (barrier island)designation shall be present,which
egress shall not be used to calculate land- meets the state requirement to tolerate xeric
scaping of perimeters. conditions. Otherwise, documentation must be
(6) Existing trees in proposed internal park- presented as provided in section 110-566(d).
ing areas as listed under subsection(b)of (Code 1981, § 641.44; Ord. No. 1 92, § 2, 1-21-92;
this section shall not be removed if over Ord. No. 28 94, § 1, 7-19-94; Ord. No. 14-98, § 1,
three inches diameter at breast height 9-15-98; Ord. No. 03-2003, § 2, 8-19-03)
(dbh) without a permit from the building
official. Every effort shall be made to Sec. 110-568. Preservation of trees in all dis-
build,pave or otherwise construct around tricts.
existing trees of value. During the development of any project, all
(7) Each landscaped area, both within the trees of four inches in diameter or larger shall be
interior parking area and around the pe- preserved or replaced unless they exist within:
rimeter, shall be served by a functioning (1) A proposed public or private easement.
(11111.00" underground sprinkler system adequate
to maintain all landscaping. (2) A proposed structure dimension.
Supp. No. 12 CD110:70.1
§ 110-568 CAPE CANAVERAL CODE
i
(3) A proposed driveway or designated park-
ing area in the R-1 or R-2 districts. See
sections 110-566 and 110-567.
(4) Ten feet of a proposed structure.
(Code 1981, § 641.59)
Cross reference—Preservation of trees, § 102-26 et seq.
Secs. 110-569-110-580. Reserved.
3
3
Supp.No. 12 CD110:70.2
Live
Chapters 111-114
RESERVED
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Supp. No. 12 CD111:1
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Chapter 115
VESTED RIGHTS
Article I. In General
Sec. 115-1. Purpose and intent.
Sec. 115-2. Definitions.
Sec. 115-3. Vested rights permits,effect.
Sec. 115-4. Exhaustion of administrative remedies required.
Sec. 115-5. Standards for determining vested rights.
Sec. 115-6. Permit expiration;substantial deviations,etc.
Sec. 115-7. Application for vested rights determination.
Sec. 115-8. Review and recommendation by city attorney.
Sec. 115-9. Supplemental evidence.
Sec. 115-10. Vested rights agreements.
Sec. 115-11. Public hearing.
Sec. 115-12. Issuance vested rights permit.
Sec. 115-13. Judicial review.
(111111111009
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Supp.No. 12 CD115:1
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VESTED RIGHTS § 115-2
ARTICLE I. IN GENERAL to proceed under, not merely to prolong
the effectiveness of, the development or-
Sec. 115-1. Purpose and intent. der or permit or approval in question.
In recognition of the fact that certain land (6) Development shall mean the carrying out
development rights of property owners may be or of any building activity or the making of
become vested with respect to the city's compre- any material change in the use or appear-
hensive plan and land development regulations ance of any structure or land.
adopted to implement the comprehensive plan, it
is the intent of this article to provide for a fair and (7) Development order shall mean any order
equitable process for the determination of whether issued by the city granting, denying or
a property owner has vested rights. granting with conditions an application
(Ord. No. 27-2003, § 2, 11-18-03) for a development permit as that term is
defined in F.S. § 163.3164.
Sec. 115-2. Definitions.
(8) Good faith shall mean honesty of inten-
(a) The following words, terms and phrases, tion,and freedom from actual or construc-
when used in this article,shall have the meanings tive knowledge of circumstances which
ascribed to them in this section, except where the ought to put the holder upon inquiry.
context clearly indicates a different meaning: Good faith shall not encompass dishonest,
fraudulent or deceitful action, ignorance
(1) City attorney shall mean the city attorney of the law, mistake of law, circumvention
of the City of Cape Canaveral, Florida. of legal requirements, or delay resulting
Lie (2) City council shall mean the city council of from neglect or lack of diligence.
the City of Cape Canaveral. Florida.
(9) Land shall mean the earth,water and air
(3) City manager shall mean the city man- above, below, or on the surface, and in-
ager for the City of Cape Canaveral,Flor- eludes any improvements or structures
ida. customarily regarded as land.
(4) Comprehensive plan shall mean the com- (10) Parcel of land shall mean any quantity of
prehensive plan for the City of Cape land capable of being described with such
Canaveral, in accordance with the Local definiteness that its location and bound-
Government Comprehensive Planning and aries may be established, which is desig-
Land Development Regulation Act (Sec- nated by its owner or developer as land to
tions 163.3161 - 163.3243, Florida Stat- be used or developed as a unit or which
utes), as such plan may be amended from
time to time. has been used or developed as a unit.
(5) Construction shall mean the introduction (11) Party shall mean:
and use at the development site of both a. A specifically named person whose
labor and materials in the assembly and substantial interests are being deter-
erection of the structures or infrastruc- mined in a vested rights proceeding.
ture associated with the particular devel-
opment. Such construction shall be per- b. Any other person who is entitled to
formed in a manner consistent with the participate in the vested rights de-
City Code and the development permits termination because the person's sub-
which have been issued by the city. Con- stantial interests may be affected by
struction typically means more than mere the determination, and who makes
clearing, grubbing, grading, and staking an appearance before the city coun-
L the development site and includes good- cil at the vested rights determina-
faith efforts on the part of the landowner tion proceeding.
Supp.No. 12 CD115:3
§ 115-2 CAPE CANAVERAL CODE
„do)
c. Any other person allowed by the city and subject to compliance with such laws and
council for good cause shown to in- regulations against which the development is
tervene or participate in the vested vested.
rights determination. (Ord. No. 27-2003, § 2, 11-18-03)
d. Any agent, representative, or coun- Sec. 115-4. Exhaustion of administrative
sel of any person described in sub- remedies required.
paragraphs a., b., or c. above.
(12) Person shall mean an individual, corpora- No applicant, claiming that this article as
applied to a particular property constitutes or
tion, partnership, governmental agency, would constitute an abrogation of vested rights,
business trust, estate, trust, association, may pursue such claim in court unless the appli-
two or more persons having a joint or cant has first exhausted the administrative rem-
common interest, or any other legal en edies provided in this article.
tity. (Ord. No. 27-2003, § 2, 11-18-03)
(13) Structure shall mean anything constructed,
installed or portable, the use of which Sec. 115-5. Standards for determining vested
requires a location on a parcel of land. It rights.
includes a movable structure while it is
located on land which can be used for (a) An application for a vested rights determi-
housing, business, commercial, agricul nation shall be approved if the applicant has
tural, or office purposes either tempo- demonstrated all of the following:
rarily or permanently. "Structure" also (1) The applicant, in reliance upon the valid,
includes fences, billboards, swimming unexpired act of the city, has made a
pools,poles,pipelines,transmission lines, substantial change in position or has in-
tracks, and advertising signs. curred extensive obligations or expenses;
and
(14) Subdivision shall mean any subdivision
of land as defined in section 98-1, City (2) The applicant's reliance was reasonable
Code. and in good faith; and
(Ord. No. 27-2003, § 2, 11-18-03) (3) It would be inequitable, unjust or funda-
mentally unfair to destroy the rights ac-
Sec. 115-3. Vested rights permits, effect. quired by the applicant by means of the
city's act or omission.
(a) Any person may request from the city a The criteria set forth above shall not be deemed
determination of whether the person's right to
complete a development is vested pursuant to this an exclusive statement of the grounds for de
article, notwithstanding that all or some part of termining that the right to develop or to con
the development is inconsistent with the city's tinue the development of property exists. The
city may also consider applicable statutory and
comprehensive plan or land development regula-
tions. Such request shall be made by way of case law legal authority.
application in accordance with the procedures (b) The purchase of property in reliance on
described in this article. then existing zoning is not by itself sufficient to
vest the purchaser's right to develop in accor-
(b) Possession of a vested rights permit shall dance with said zoning.
enable a permit holder to complete the develop-
ment approved under such permit, up to and (c) The following are not considered develop-
through issuance of appropriate certificates of ment expenditures or obligations, as contem-
occupancy. This right to continue the develop- plated by subsection(a)(1)above,which would be
ment is subject to the limitations provided herein sufficient for the vesting of development rights,
Supp.No. 12 CD115:4
VESTED RIGHTS § 115-7
unless the applicant was unable to obtain further (c) Any substantial change or substantial de-
approvals because of extraordinary delays beyond viation from the terms of the development order
the applicant's control: upon which a vested rights permit was predicated
shall cause the change or deviation to become
(1) Expenditures for legal and other profes- subject to the comprehensive plan and land de-
sional services that are not related to the velopment regulations.
design or construction of improvements; (Ord. No. 27-2003, § 2, 11-18-03)
(2) Taxes paid; or
Sec. 115-7. Application for vested rights de-
(3) Expenditures for initial acquisition of the termination.
land. (a) Filing of application. Any party who be-
lieves they are entitled to a vested rights permit
These expenditures may, however, be consid- for a particular development shall complete, exe-
ered in conjunction with other expenditures or cute, and file an application for a vested rights
obligations incurred by an applicant to demon permit with the city manager, in accordance with
strate reliance upon an act or omission of the this section.
city.
(Ord. No. 27-2003, § 2, 11-18-03) (b) Due date. The purpose for which vested
rights permits are issued is to provide certainty
Sec. 115-6. Permit expiration;substantial de- and predictability in the use and conveyance of
land and interests therein. There is no deadline,
viations, etc. therefore, for applying for a vested rights permit.
However, a party shall have waived and Laban-
(a) The purpose of this article is only to specify doned any claim to vested rights for a particular
the circumstances under which a person may property if an application for a vested rights
undertake or continue the development of land permit is not filed within 30 days after the follow-
despite the inconsistency of the development with
the city's comprehensive plan and land develop- ing actions:
ment regulations.Nothing in this article shall act (1) Denial of a development order for that
to create rights that otherwise do not exist.There- property, when the denial is based on
fore, upon the expiration of any development inconsistency with the city's comprehen-
order or permit or approval that serves as the sive plan or land development regulations
predicate for the property owner's right under or failure to meet the concurrency require-
this article to develop, the rights granted under ments of the comprehensive plan;
the article shall likewise expire. Also, if any (2) Receipt of notice of a proposed rezoning or
application for a permit or other approval is future land use map amendment initiated
denied, or if the application is granted but the by the city for that property.
permit or approval later expires for lack of con-
struction or otherwise, and if the submission of (c) Contents of application. The application
the application serves as the predicate for the shall contain at a minimum:
rights granted under this article, then the rights (1) The name of property owner;
granted hereunder shall also expire.
(2) The address of property owner;
(b) Furthermore, any such development shall (3) The telephone number of property owner;
continue to be subject in all respects to all laws,
ordinances, rules, and regulations and shall con- (4) The project name, if applicable;
tinue to be subject to all terms, conditions, re- (5) The street address of property, if known;
quirements and restrictions contained in any de-
velopment order or permit or approval or binding (6) The legal description for the property;
Liroo# letter of vested rights pertaining to the particular (7) A statement providing the factual basis
development. upon which the application is brought and
Supp.No. 12 CD115:5
§ 115-7 CAPE CANAVERAL CODE
the legal basis upon which the application ant to this article.The city attorney shall have the
is based. To comply with this provision it authority to request additional information from
is recommended an applicant submit a the applicant or interested persons which is rele-
memorandum of law researched and pre- vant to the vested rights determination.No appli-
pared by a licensed Florida attorney; cation shall be deemed complete until all informa-
(8) All supporting information, including de- tion requested has been supplied or until such
velopment orders and permits, contracts, request is withdrawn.
letters, appraisals, reports, or any other
documents, items or things upon which (b) Unless additional time is granted by the
the application is based; city council, the city attorney shall prepare a
preliminary nonbinding report within 45 Galen-
(9) A list of the names, addresses, and tele- dar days after receipt of a complete and sufficient
phone numbers of any witnesses whom application. The report shall be supported by
the applicant shall present in support of written findings of fact and conclusions of law
the application and a summary of the based on the information and evidence furnished
testimony of each witness; and at the application stage.
(10) Any other information reasonably re-
quired by the city manager or city attor- (c) The city attorney shall submit the report to
the city council. A copy of such report shall be
ney. provided to the applicant and the city manager.
An incomplete or insufficient application shall
be returned to the applicant for additional (d) Upon receipt of the city attorney's report,
information. the city manager shall schedule a public hearing
(d) Certification by and continuing obligation before the city council regarding the application
for vested rights.
of applicant. (Ord. No. 27-2003, § 2, 11-18-03)
(1) The signature of the applicant, or any
agent or attorney for the applicant, upon Sec. 115-9. Supplemental evidence.
the application shall be required and con-
stitute a certification that the person sign- Within seven calendar days after receipt of the
ing the application has read the applica- written report by the city attorney, the applicant
tion and relevant supporting information may supplement the information contained in
and that to the best of the person's knowl- their application.
edge and belief the same is true and (Ord. No. 27-2003, § 2, 11-18-03)
correct.
(2) Until the proceedings to grant or deny the Sec. 115-10. Vested rights agreements.
application are final (including the time
during which judicial appeals are pend- Nothing contained in this article shall prohibit
ing),the applicant shall have a continuing the city council from entering into a vested rights
obligation to correct any statement or agreement with a party for purposes of resolving
representation found to have been incor- any claim for vested rights.
rect when made or which becomes incor- (Ord. No. 27-2003, § 2, 11-18-03)
rect by virtue of changed circumstances.
(Ord. No. 27 2003, § 2, 11-18-03) Sec. 115-11. Public hearing.
Sec. 115-8. Review and recommendation by (a) The city manager shall schedule a public
city attorney. hearing before the city council to be held within
(a) To facilitate the city council's review of a 30 days of the city manager's receipt of either (i)
vested rights application, the city attorney shall the written report by the city attorney; or (ii) a
review all applications and evidence filed pursu- proposed vested rights agreement.
Supp.No. 12 CD115:6
VESTED RIGHTS § 115-13
(b) All hearings shall be open to the public and The decision shall be filed with the city manager
shall be advertised in a newspaper of general and a copy provided to the applicant by certified
circulation not less than ten days prior to the date mail, return receipt requested.
of the hearing. (Ord. No. 27-2003, § 2, 11-18-03)
(c) The parties before the city council shall be Sec. 115-12. Issuance vested rights permit.
the applicant, the applicant's witnesses, if any,
city staff,interested members of the public,if any, If the application for a vested rights permit is
and witnesses of the interested members of the granted, the city manager shall issue a vested
public,if any.Any interested member of the public rights permit allowing the applicant to develop or
who participates at the hearing shall leave his or continue to develop the vested development in
her name and mailing address with the city clerk. question, notwithstanding any provision of the
city's comprehensive plan or land development
(d) Testimony and evidence shall be limited to regulations with which the continued develop-
matters directly relating to the application and ment would otherwise appear to be inconsistent.
development. Irrelevant, immaterial or unduly (Ord. No. 27-2003, § 2, 11-18-03)
repetitious testimony or evidence may be ex-
cluded. Sec. 115-13. Judicial review.
Any person aggrieved by a final decision of the
(e) The applicant shall have the burden of city council under this article shall have the right
coming forward with the evidence and the burden to appeal the final decision to a court of competent
of proof. The decision of the city council shall be jurisdiction. The record before the circuit court
based on competent substantial evidence. shall consist of the complete record of the proceed-
ings before the city council.
(fl Minimum due process procedures shall ap (Ord. No. 27-2003, § 2, 11-18-03)
ply including notice,an opportunity to be heard in
person or by counsel, and the right to cross-
examine witnesses. Cross-examination shall be
confined as closely as possible to the scope of
direct testimony. The city council reserves the
right to call and question witnesses or request
additional evidence as they deem necessary and
appropriate.
To that end,if during the hearing the city council
believes that any facts, claims, or allegations
necessitate review and response by either the
applicant, city staff, or both,then the city council
may continue the hearing until a date certain.
The city council shall decide all questions of
procedure and standing.
(g) The city council shall approve or deny in
whole or in part the claims of the applicant. Such
decision shall be rendered in writing within 14
calendar days after the hearing concludes. The
decision of the city council shall contain findings
of fact and conclusions of law, and shall provide
the legal description of the property to which it
applies. It may contain reasonable conditions
necessary to effect the purposes of this article.
Supp.No. 12 CD115:7
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APPENDIX B—SCHEDULE OF FEES
Chapter 34. Environment
Article IV Weeds and Dead Vegetation 34-121
(a) Fees for mowing unimproved platted lots within the city:
(1) Avon-by-the-Sea:
a. For one lot 26.50
b. For each additional lot under one ownership 19.50
(2) Cape Canaveral Beach Gardens:
a. For one lot 32.50
b. For each additional lot under one ownership 26.00
Article VI. Abandoned Property
(a) Storage fees, per day 10.00 34-188
Chapter 38. Fire Prevention and Protection
Article IV Fireworks
(a) Permit for public display of fireworks 50.00 38-83
Chapter 62. Solid Waste
(a) Collection fees: 62-5
(1) Single-family, duplex and triplex, per unit per month 7.67
(2) Mobile home units and individual apartments or condomin-
iums, per unit per month 4.74
(3) Individual commercial business accounts with trash cans,
per unit per month 11.23
(4) Commercial dumpsters used by commercial businesses,
apartment complexes and condominiums, per container-
ized yard per month 27.96
(5) Special collection services, in addition to the normally
provided twice-weekly service for commercial dumpsters
as provided in subsection(4)above, per containerized yard
per pick-up 4.00
(6) Recycling service, per dwelling unit 2.21
(7) Roll-off container service (to be billed and collected by
Western Waste Industries, Inc.)
a. Container delivery, per container 50.00
b. Per pull, per container - 20 cu. yd 135.00
- 30 cu. yd 160.00
- 40 cu. yd 185.00
Supp.No. 12 CDB:7
CAPE CANAVERAL CODE
Chapter 34. Environment
c. Actual disposal cost shall be added to the pull charge
plus 20 percent
d. Container rental shall not be charged for a container
pulled three or more times per month. For those
pulled less than three times,the rent shall not exceed,
per month 50.00
e. Dry runs (responding to customer's request, but not
being able to pull container)will be charged the same
as the delivery rate
(b) Recycling service, per dwelling unit per month 2.07 62-12
(c) Roll-off container service, to be billed and collected by Western
Waste Industries, Inc.:
(1) Container delivery, per container 50.00
(2) Per pull:
a. 20 cubic yards, per container 135.00
b. 30 cubic yards, per container 160.00
c. 40 cubic yards, per container 185.00
(3) Actual disposal cost shall be added to the pull charge plus
20 percent.
(4) Container rental:
a. For a container pulled three or more times per month. No charge
b. For containers pulled less than three times, the rent
per month shall not exceed 50.00
(5) Dry runs (responding to customer's request but not being
able to pull container) will be charged the same as the
delivery rate.
(d) Processing charge for each bill each month to cover the cost of
handling and mailing the bills 0.85
(Res. No. 2003-26, § 1, 6-17-03)
Chapter 66. Streets, Sidewalks and Other Public Places
Article III. Excavations
(a) Permit fee 25.00 66-83
(b) Deposits (refundable after 12 months): 66-84
(1) For paved streets, per square foot of surface 2.00
(2) For unpaved streets, per square foot of surface 0.50
(3) Minimum deposit 25.00
Supp. No. 12 CDB:8
APPENDIX B—SCHEDULE OF FEES
Lire
Chapter 66. Streets, Sidewalks and Other Public Places
(4) General deposit 500.00
Chapter 70. Taxation
Article III. Occupational License Tax
(a) Transfer of license:
(1) For transfer of location by same owner 3.00 70-80
(2) For transfer of ownership 3.00 70-80
Chapter 78. Utilities
Article II. Sanitary Sewer System
(a) Connection to sewer:
(1) Inspection fee (tap fee) 25.00 78-27
(2) Late charge 75.00 78-28
(b) Wastewater discharge permit:
(1) Initial application 75.00 78-99
(2) Renewal (annual) 20.00 78-99
(kkologo (c) Reviewing accidental discharge and construction plans and
specifications 150.00 78-99
(d) Surcharge for abnormal strength wastes (tiered rate schedule):
(1) For each parameter on the first day 100.00 78-111
(2) Progressing upward, each day, by increments of 100.00 78-111
(3) Maximum for each parameter violation, per day 1,000.00 78-111
(e) Impact fees: 78-129
(1) Residential:
a. Each single-family dwelling unit 2,337.81
b. Each residential unit of a multiple-family unit, du-
plex, triplex and/or apartment unit 2,337.81
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CODE COMPARATIVE TABLE
Ordinance Adoption Section
Number Date Section this Code
94-31-94-37
94-61-94-64
94-76-94-83
94-96-94-100
Added 94-1-94-11
94-31-94-37
94-61-94-64
94-76-94-83
94-96-94-101
9-00 8-15-00 1 78-152(a)
22-00 7-18-00 1 App.B,Ch. 78,Art.
III,(bX2)B.
2000-40(Res.) 10- 3-00 1 App. B,Ch. 22,Art.
III
2000-42(Res.) 10- 3-00 1 App. B,Ch. 78,Art.
III
2001-04(Res.) 2- 6-01 1 App.B,Ch. 78,Art.
III
06-2001 12- 4-01 1 Ch. 82,Arts. I—X
2 Rpld Ch.82,Arts.XI—
XIII
03-2002 3-19-02 1 2-102
04-2002 3-19-02 1 2-57(aX2)
2 2-57(aX3)
3 2-58
Lige 4 2-59
5 2-60(c)
6 2-64(c)
7 2-65
05-2002 3-19-02 1 2-218
2 2-219
3 2-222(b)
4 2-224
06-2002 3-19-02 1 6-51
07-2002 4-16-02 1 2-234(b)
08-2002 4-16-02 1 78-122
09-2002 5-21-02 1 110-137
10-2002 6- 4-02 1 26-3
2 26-4
2002-26(Res.) 7-16-02 1 App.B,Ch. 62
11-2002 8-20-02 1 Dltd 10-26
2 Dltd 10-27
13-2002 8-20-02 1 38-26
2 38-28
3 Rpld 38-30
4 38-33(3)
5 Rpld 38-56
14-2002 8-20-02 1 98-114(o)
18-2002 12-17-02 2A Added 110-46(3)--(5)
Rnbd (3)
as (6)
Dltd (4)
Rnbd (5),(6)
as (7),(8)
2A Added 110-62(a)(3)--(5)
Rnbd (3)
as (6)
Supp. No. 12 CCT:17
CAPE CANAVERAL CODE
Ordinance Adoption Section
Number Date Section this Code
Dltd (4)
Rnbd (5)—(9)
as (7)—(11)
2C 110-137(e)(6),(g),(h)
01-2003 1-21-03 2 14-58(a)
3 Added 54-3
02-2003 3- 4-03 2 110-334(c)(9)
Added (c)(14)
110-383(c)6.
Added (c)13.
3 Added 110-556
04-2003 2-18-03 2 22-40(a)
Added 22-42(c),22-44(3)
05-2003 2-18-03 2 Added 2-260
Added 22-42(c)(6), 22-44(3)
06-2003 2-18-03 1-8 Added 78-275-78-326
07-2003 3- 4-03 2 22-37(a),22-43(b)
22-44(2)
08-2003 3-18-03 2 Added 110-475(g)
09-2003 5- 6-03 2 110-71(a)(3),(5)c.
10-2003 5- 6-03 2 90-26
11-2003 5- 6-03 2 38-2(a),(b)
Added (g)
13-2003 5-20-03 2, 3 30-26-30-39
4 App. B,Ch. 30
03-2003 8-19-03 2 110-1, 110-470,
110-566, 100-567
12-2003 7- 1-03 2 Added 2-171
2-181,2-182
Dltd 2-183
3 Rpld 10-27
4 22-28,22-37,
22-39
Dltd 22-29-22-32,
22-38
5 46-26,46-27
Dltd 46-28,46-29
6 54-26
Dltd 54-27
7 58-26
Dltd 58-27-58-33
8 82-32
9 110-26, 100-27,
110-32
14-2003 6- 3-03 2 42-26
15-2003 6- 3-03 2 38-56-38-58
16-2003 6- 3-03 2 18-2, 18-3
Added 18-4-18-7
2003-26(Res.) 6-17-03 1 App. B,ch.62
17-2003 7- 1-03 2 Dltd 58-35
18-2003 9- 2-03 2 Rpld 50-2
3 19-86, 10-136,
10-172, 10-177
19-2003 7-15-03 2 110-171
20-2003 7-15-03 2 Added 1-15(d)
22-2003 9- 2-03 2 54-47
23-2003 9- 2-03 2 62-1,62-4,
'tun)
Supp.No. 12 CCT:18
CODE COMPARATIVE TABLE
(11111imi
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
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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 Char.Art.II
34.191 Ch. 50 Char.Art. II, § 1
ch. 50 2-288 Char.Art.XIII, §§ 1,2
50.041 2-288 Char.Art.XIII,§§4 6
50.051 2-288 Char.Art.XV, §2
chs. 97-106 Char.Art.III Char.Art.XVI, § 1
Char.Art.XXI Char.Art.XVII, § 1
Ch. 26 Char.Art.XVII, §§3-6
264 Char.Art.XVII, §§8,9
97.041 Char.Art.XXI,§2 Char.Art.XX
98.041 Char.Art.XXI, §2 Char.Art.XXI, §2
Char.Art.XXI,§9 Char.Art.XXII
98.041 et seq. Char.Art.XXI,§2 Char.Art.XXIV, § 1
100.361 Char.Art.XXI, Char.Art.XXIV
§§ 10, 11 § 10
101.161 Char.Art.XXI,§ 16 110-37
112.061 2-300 110-37(a)
112.311 et seq. Char.Art.XXIV, 166.021(5) Char.Art.XIII, §3
Lie,
§ 13 Char.Art.XIV,
112.3135 Char.Art.XXIV,§8 §§ 1-3
112.3143 2-67 Char.Art.XVII, § 7
ch. 119 78-98 Char.Art.XVII,
119.011 2-116 § 10
119.021 2-116 166.021(10) 2-300
161.041 82-85 166.04 110-137
161.053 Ch. 14,Art. III 166.041 1-11
161.52 et seq. Ch. 82,Art. IV Char.Art.XXIV §4
161.55(1)(d) 82-94
110-137(e)
82-81
161.142 Ch. 14,Art. III 166.046 App.A,Art. I
161.161 Ch. 14,Art. III 166.101 Ch. 2,Art.V
161.163 Ch. 14,Art. III 166.101 et seq. Ch. 70
ch. 162 Ch. 2,Art.VI 166.222 82-322
2-256 166.231 Ch. 70,Art. II
2-258 70-27
2-260 166.231(1Xb) 70-29
34-42 166.232 Ch. 70,Art. II
94-5 166.241 Char.Art.XVII, § 1
102-37 Char.Art.XVII, §9
162.05 2-257 166.3164 115-1(7)
162.09(3) 78-60 167.22 App.A,Art. III, §8
ch. 163 58-56 ch. 170 Char.Art.XX
110-37(a) 90-192
163.3161-163.3211 58-57 ch. 171 Char.Art.XXIII
163.3174 58-56 ch. 177 Ch. 98
163.3178 82-93 98-1
163.3220 86-2 110-423
L1101 ch. 166 Char.Art. I,§3 177.25 et seq. 110-222
Supp.No. 12 SLT:1
CAPE CANAVERAL CODE
j
F.S. Section F.S. Section
Section this Code Section this Code
ch. 192 et seq. Char.Art. IX, Char. ch. 470 62-1
Art.X ch. 471 82-322
Char.Art.XVIII, 471.003 82-322
Char.Art.XIX 471.005 82-322
Ch. 70 ch. 480 10-86
ch. 194 102-36 10-175
ch. 200 Char.Art.XVII, 480.034 10-86
§§3-6 ch. 481 82-322
203.012 70-26 489.105 82-322
ch. 205 Ch. 70,Art. III 489.119 82-322
70-83 489.129 82-322
205.043(2),(3) 70-81 489.131(3)(e) 70-85
205.053 70-75 489.501 et seq. 30-26
205.053(1) 70-74 501.160 18-5
70-76 ch. 509 110-1
205.053(2) 70-75 ch. 517 10-86
205.053(3) 70-75 ch. 553 Ch.82
215.85 2-206 82-321
ch. 218 Char.Art.XVIII 553.36(12) 82-81
218.32 Char.Art.XVII, §9 110-1
218.33 Char.Art.XVII, § 1 553.71 82-322
232.03 10-139 553.71(7) 82-322
ch. 233 10-86 553.77 82-322
ch.252 Ch. 18 553.79 82-322
ch. 280 Char.Art.XVII, §8 553.79(7) 82-323
ch. 286 Ch. 2,Art. II,Div.3 553.900 Ch.82,Art.IX
286.011 Char.Art.V, § 1 556 App.A, art. III,
ch.316 74-1 § 13.5
74-63 ch. 561 6-52
316.194 74-56 chs.561-568 110-171(aX2)
316.195 34-34 ch. 561 et seq. Ch.6
316.293 Ch. 34,Art.V 561.01 6-51
316.650 Char.Art.XIII,§6 561.01(4)(a) 110-1
316.1936 Ch. 6,Art. III,Div.2 562.14 6-26,6-27
316.1945 74-56 562.45 6-27
Ch. 318 74-63 565.02(4) 110-171
320.823 82-81 ch. 633 Ch.38
82-88 633.022 Ch. 38,Art.II
Ch.337 66-1 633.025 Ch. 38,Art. II,
370.12 Ch. 14,Art. III 98-114(o)
380.04 86-2 633.025(1) 38-26
ch.381 10-163 633.025(3) 38-28
ch. 386,pt. I 10-62 658.98 2-206
400.402 110-1 ch. 705 34-180
ch.403 78-275 705.101 et seq. Ch. 34,Art.VI
403.91 et seq. Ch. 106,Art. II ch. 718 78-276
403.413 Ch. 34,Art. II 110-404
403.415 Ch. 34,Art.V 768.28 Char.Art.XXIV,
403.702 et seq. Ch. 62 § 11,
403.7046 62-4 Char.Art.XXIV,
403.801 et seq. 106-29 § 12
ch. 468 82-32 775.082 Ch.50
82-148 50-1
Supp.No. 12 SLT:2
STATE LAW REFERENCE TABLE
croe
F.S. Section
Section this Code
775.083 Ch. 50
50-1
790.15 50-1
ch. 791 Ch. 38,Art. IV
791.01 38-81
ch. 794 80-1
ch. 796 10-86
80-1
ch. 800 10-86
80-1
806.01 10-86
806.10 10-86
806.13(2)(c) 10-86
806.111 10-86
ch.810 80-1
ch.812 80-1
ch.817 80-1
839.13 1-13
ch.847 10-169
847.013,847.014 10-86
849.09(2) 10-86
849.10 10-86
849.25(3) 10-86
Lote 865.09 10-114
870.041 et seq. Ch. 18
877.03 10-86
ch. 893 80-1
893.13 10-86
ch. 901 Char.Art.XIII, §4
901.25 Char.Art.XIII, §5
943.25(13) 50-3
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CODE INDEX
Section Section
ALCOHOLIC BEVERAGES(Cont'd.) ASSOCIATIONS
Parks and recreation areas Persons; definitions and rules of construe-
Possession and consumption 6-52 tion extended and applied to 1-2
Penalty 6-1 ATOMIC ENERGY USES
Streets, alleys, sidewalks and parking ar-
eas,possession and consumption in . 6-51 Land development code regulations re zon-
Vehicles for hire 80-87 mg 110-26 et seq.
See:LAND DEVELOPMENT CODE
ALLEYS.See:STREETS,SIDEWALKS AND ATTORNEY. See: CITY ATTORNEY
OTHER PUBLIC WAYS
AUDIO ALARMS. See:ALARM SYSTEMS
AMUSEMENTS AND AMUSEMENT PLACES
Adult entertainment 10-86 et seq. AUTOMATED TELEPHONE ALARM SYS-
See:ADULT ENTERTAINMENT TEMS. See:ALARM SYSTEMS
Outdoor entertainment 10-46 et seq. AUTOMOBILES. See: MOTOR VEHICLES
See: OUTDOOR ENTERTAINMENT AND TRAFFIC
ANIMALS AND FOWL AWNINGS OR CANOPIES
Animal control officer 14-27 Signs
Beaches Land development code regulations.... 94-1 et seq.
Animals prohibited on 14-28 See: LAND DEVELOPMENT CODE
Bees and beehives prohibited 14-3
Bird sanctuary B
Designation of 14-2
County animal control ordinance BEACHES
Adopted 14-26 Animals prohibited on beaches 14-28
Animal control officer 14-27 Dune crossover, camping prohibited on... 50-4
Parks and beaches Dune parking prohibited 74-59
Animals prohibited on 14-28 End streets,camping prohibited on 50-4
Liare Noises,enumeration of prohibited 34-153(5) Sea turtles generally 14-51 et seq.
Parks See:ANIMALS AND FOWL
Animals prohibited in 14-28 Street excavations 66-61 et seq.
Penalty 14-1 See: STREETS, SIDEWALKS AND
Sanctuary OTHER PUBLIC WAYS
Sanctuary,designation of 14-2 Wetlands protection 106-26 et seq.
Sea turtles See:LAND DEVELOPMENT CODE
Beach activities 14-58 BEAUTIFICATION BOARD
Definitions 14-52 Duties 2-184
Enforcement and penalty 14-53 Established,membership,terms,qualifica-
Exemptions 14-54 tions 2-181
Existing development 14-56 Indebtedness 2-186
New development 14-55 Meetings 2-182
Publicly owned lighting 14-57 Planning and zoning board
Purpose and scope 14-51 Coordination with 2-185
ANNEXATIONS Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
Certain ordinances not affected by Code.. 1-10(a)(13) STANDARDS
Franchise regulations in general. See:
FRANCHISES(Appendix A) BEER. See:ALCOHOLIC BEVERAGES
Land development code regulations re zon- BEES AND BEEHIVES.See:ANIMALS AND
ing 110-26 et seq. FOWL
See:LAND DEVELOPMENT CODE
BIDS AND BIDDING
ANNUAL BUDGET.See: BUDGET Bidders
APPROPRIATIONS City bidders list 2-218(2)
Certain ordinances not affected by Code.. 1-10(a)(6) Purchasing generally 2-216 et seq.
See:PURCHASES AND PURCHASING
ARCHITECTURE BILLBOARD.See:SIGNS AND BILLBOARDS
(11111111.00'' Beautification board generally 2-181 et seq.
See: BEAUTIFICATION BOARD BIRDS. See:ANIMALS AND FOWL
Supp.No. 12 CDi:3
CAPE CANAVERAL CODE
Section Section
BLIGHT BOATS,DOCKS AND WATERWAYS(Cont'd.)
Property maintenance standards 34-91 et seq. Designation of areas of regulated water
See: PROPERTY MAINTENANCE activities 54-52
STANDARDS Designating additional areas of regu-
lated water activities,procedure
BLOCKS for 54-53
Subdivisions Enforcement
Land development code regulations.... 98-1 et seq. Area of enforcement 54-48
See: LAND DEVELOPMENT CODE Means of enforcement 54-49
Penalties 54-55
BOARD OF ADJUSTMENT Exemptions 54-54
Land development code regulations re zon- Means of enforcement 54-49
ing 110-26 et seq. Penalties 54-55
See: LAND DEVELOPMENT CODE Purpose and findings 54-46
Speed not to be greater than what is
BOARDS, COMMITTEES AND COMMIS- reasonable under the conditions 54-51
SIONS Water safety. See herein: Vessel Control
Beautification board 2-181 et seq. and Water Safety
See:BEAUTIFICATION BOARD Wetlands protection 106-26 et seq.
Business and cultural development board. 22-26 et seq. See: LAND DEVELOPMENT CODE
See: BUSINESS AND CULTURAL DE- Zoning regulations
VELOPMENT BOARD Boats,vessels and boat trailers
Code enforcement board 2-256 et seq. Living aboard 110-552
See: CODE ENFORCEMENT BOARD Living or residing in boats, utility
Community appearance review board .... 22-36 et seq. trailers,recreational vehicles and
See:COMMUNITY APPEARANCE RE- special purpose vehicles 110-553
VIEW BOARD Location of 110-551
Construction board of adjustments and Parking and storage 110-554
ap-
peals 82-32 et seq. BODIES OF WATER. See: BOATS, DOCKS
Building code. See: LAND DEVELOP- AND WATERWAYS
MENT CODE
Definitions and rules of construction 1-2 BODIES POLITIC AND CORPORATE
Delegation of authority Persons; definitions and rules of construc-
Definitions and rules of construction1-2 tion extended and applied to 1-2
Joint authority
Definitions and rules of construction... 1-2 BONDS,SURETY OR PERFORMANCE
Certain ordinances not affected by Code 1-10(a)(2)
Library board 46-26 et seq.
See: LIBRARY Franchise regulations generally.See:FRAN-
Planning and zoning board 58-26 et seq. CHISES(Appendix A)
See:PLANNING AND ZONING BOARD Outdoor entertainment permit
Recreation board 54-26 et seq. Cash cleanup bond 10-64
See:PARKS AND RECREATION Purchasing regulations 2-218(9)
Uniform procedures and requirements.... 2-171 Signs
Land development code regulations 94-1 et seq.
BOATS,DOCKS AND WATERWAYS See: LAND DEVELOPMENT CODE
Exhaust of motorboats BOOKS
Noises,enumeration of prohibited 34-153(6) Libra
Flood damage prevention 90-26 et seq. 46-1 et seq.
See: LAND DEVELOPMENT CODE See:LIBRARY
Land development code regulations re zon- BOTTLED GAS
ing 110-26 et seq. Public service tax 70-26 et seq.
See:LAND DEVELOPMENT CODE See:TAXATION
Litter, throwing in river or other body of
water 34-36 BOUNDARIES
Vessel control and water safety Corporate limits
Area of enforcement 54-48 Definitions and rules of construction... 1-2
Careful and prudent operation required 54-50 Franchise regulations in general. See:
Definitions 54-47 FRANCHISES(Appendix A)
,...)
Supp. No. 12 CDi:4
CODE INDEX
(11111101e
Section Section
BOUNDARIES(Cont'd.) BUILDINGS(Cont'd.)
Land development code regulations re zon- Permits and miscellaneous fees
ing 110-26 et seq. Fees schedule in general. See: FEES
See: LAND DEVELOPMENT CODE (Appendix B)
Plan checking fee
BREVARD COUNTY. See: COUNTY Fees schedule in general. See: FEES
BRIDGES (Appendix B)
Subdivisions Public service tax 70-26 et seq.
Land development code regulations.... 98-1 et seq. See:TAXATION
See:LAND DEVELOPMENT CODE Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE DIS-
BRUSH.See:WEEDS AND DEAD VEGETA- POSAL
TION Street excavations 66-61 et seq.
BUDGET See: STREETS, SIDEWALKS AND
City manager OTHER PUBLIC WAYS
Powers and duties 2-101(4) Weeds and dead vegetation 34-121 et seq.
City treasurer See: WEEDS AND DEAD VEGETA-
Duties 2-141(2) TION
BUFFERS AND BUFFERING BULK CONTAINERS
Flood damage prevention 90-26 et seq. Solid waste 62-1 et seq.
See: LAND DEVELOPMENT CODE See:SOLID WASTE
Tree protection,land clearing 102-36 et seq.
See: LAND DEVELOPMENT CODE BULKHEADS
Subdivisions
BUILDINGS. See also: LAND DEVELOP- Land development code regulations.... 98-1 et seq.
MENT CODE See: LAND DEVELOPMENT CODE
Beautification board 2-181 et seq.
Loy See: BEAUTIFICATION BOARD
BURGLAR ALARMS.See:ALARM SYSTEMS
Building appearance and maintenance 34-98
Building code BURNING
Existing standards building code 82-233 et seq. Solid waste 62-11(b)
Generally 82-31 et seq.
BURYING/BURIAL
Unsafe building abatement code 82-56 et seq.
Buildings and building regulationsSolid waste 62-11(c)
See: LAND DEVELOPMENT Trash,rubble or other debris 34-41
CODE BUSINESS AND CULTURAL DEVELOP-
Building sewers and connections 78-76 et seq. MENT BOARD
See: SEWERS AND SEWAGE DIS- Advisory capacity 22-34
POSAL Composition 22-28
Community appearance review board .... 22-36 et seq. Definitions 22-26
See:COMMUNITY APPEARANCE RE- Established 22-27
VIEW BOARD
Concurrency management 86-1 et seq. Indebtedness 22-35
See: LAND DEVELOPMENT CODE Purpose and duties 22-33
Construction noise 34-154 BUSINESSES
Fees schedule in general. See: FEES(Ap- Occupational license tax 70-66 et seq.
pendix B) See:TAXATION
Flood damage prevention 90-26 et seq. Solicitors,peddlers and itinerant vendors. 16-26 et seq.
See: LAND DEVELOPMENT CODE See: PEDDLERS, CANVASSERS AND
Franchise regulations generally.See:FRAN- SOLICITORS
CHISES(Appendix A) Solid waste 62-1 et seq.
Impact fees 2-231 et seq. See:SOLID WASTE
See: IMPACT FEES
Land development code regulations re zon-
ing 110-26 et seq. C
See: LAND DEVELOPMENT CODE
Local planning agency 58-56 et seq. CABLE TELEVISION
‘IIIIIIIIe See:PLANNING AND DEVELOPMENT Franchise regulation generally.See:FRAN-
Old building sewers 78-80 CHISES(Appendix A)
Supp.No. 12 CDi:5
CAPE CANAVERAL CODE
Section jSection
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 Adult entertainment
CAPE CANAVERAL. See:CITY Powers of re 10-93
City attorney
CAPITAL EXPANSION PLANS Duties 2-126
Impact fee 2-237 City manager
CAPITAL EXPANSION TRUST FUND Powers and duties 2-101(2)
Impact fees 2-236 Compensation
Established for councilmembers other
CARS.See:MOTOR VEHICLES AND TRAF- than mayor 2-41
FIC Mayor,established for 2-42
Definitions and rules of construction 1-2
CAUSES Election 2-26
Effect of repeal of ordinances 1-9(b) Library board
CEMETERIES Reports to 46-32
Parks and recreation areas 54-1 et seq. Mayor
See: PARKS AND RECREATION Compensation established for 2-42
Meetings V
CERTIFICATES OF OCCUPANCY Adjournment 2-69
Land development code regulations re zon- Adoption of motion 2-67
ing 110-26 et seq. Call to order;quorum;roll call 2-64
See:LAND DEVELOPMENT CODE City attorney to attend 2-127
Sewer impact fee requirements 78-125 Consideration of matters before council 2-66
CHARTER General discussion 2-68
Definitions and rules of construction 1-2 Minutes 2-65
Ordinances and resolutions
CITY Preparation prior to meeting 2-59
Abandoned property Parliamentary procedure 2-61
Compliance with notice or order to re- Preparation and notice of agenda 2-60
move; removal by city upon non- Presiding officer 2-62
compliance 34-184 Regular meetings 2-56
Disposition of property removed by city 34-186 Sergeant at arms 2-63
Notification of owner following removal Special meetings 2-57
by city 34-185 Workshop meetings 2-58
Redemption prior to sale by city 34-187 Ordinances and resolutions
Corporate limits Preparation prior to meeting 2-59
Definitions and rules of construction... 1-2 Regular meetings 2-56
Definitions and rules of construction 1-2 Special meetings 2-57
Flood damage prevention 90-26 et seq. Uncontested elections
See: LAND DEVELOPMENT CODE 2-27
Franchise regulations in general. See: Workshop meetings 2.58
FRANCHISES(Appendix A) CITY ENGINEER
Library board Duties 2-151
Liability of city limited 46-31
Solid waste CITY MANAGER
Authority of city to collect 62-3 Acting city manager 2-102
Ownership by city 62-4 Civil emergencies
Street excavations Persons authorized to declare 18-2
Authority of city 66-64 Powers and duties 2-101
Supp.No. 12 CDi:6
(111111110? CODE INDEX
Section Section
CITY TREASURER CODE OF ORDINANCES(Cont'd.)
Duties 2-141 References and editor's notes 1-6
Fees schedule in general. See: FEES(Ap- Severability of parts of Code 1-14
pendix B) Supplementation of Code 1-12
CIVIL EMERGENCIES CODES
Authority;governor's;president 18-7 City election code adopted 26-1
Definitions 18-2 Technical codes. See that subject
Duration and termination of emergency 18-4
Emergency powers and measures 18-3 COLOR DISCRIMINATION
Persons authorized to declare emergency 18-2 Human rights,discrimination prohibited . 40-28
Sale of goods, services, or materials at
unconscionable prices 18-5 COMBUSTIBLES AND INFLAMMABLES
Violations and penalties 18-6 Fireworks 38-81 et seq.
See: FIREWORKS
CLERK. See: CITY CLERK
COMMITTEES AND COMMISSIONS. See:
CLUBS BOARDS, COMMITTEES AND COM-
Persons; definitions and rules of construc- MISSIONS
tion extended and applied to 1-2
COMMUNICATION SERVICES
COASTAL CONSTRUCTION
Franchise regulations in general. See:
Coastal construction code 82-88 et seq.
Buildings and building regulations.See: FRANCHISES(Appendix A)
LAND DEVELOPMENT CODE Outdoor entertainment permit require-
ments 10-62(4)
CODE ENFORCEMENT Public service tax
Abandoned vehicles Generally 70-26 et seq.
Code enforcement board hearing proce- See:TAXATION
forcdur34-183
%IleCode enforcement board COMMUNITY APPEARANCE REVIEW
Created 2-256 BOARD
Liens;application for satisfaction or re- Board
lease of 2-260 Established 22-37
Membership 2-257 Membership 22-37
Powers and duties 2-258 Proceedings of the board 22-39
Responsibilities 2-258 Qualifications of members 22-37
Violations and penalties Compliance with other code provisions 22-41
Prosecution of violations with no crim- Concept plans 22-45
inal penalty 2-259 Permits
Appeals and review 22-46
CODE OF ORDINANCES* Application criteria 22-44
Altering Code 1-13 Approval prerequisite for permits 22-40
Amendments to Code 1-11 Building permits; enforcement 22-47
Catchlines of sections 1-3 Notice of approval or denial 22-43
Certain ordinances not affected by Code.. 1-10 Procedure 22-42
Chapters or sections,references to 1-5 Statement of findings and purpose 22-36
Code does not affect prior offenses,rights,
etc. 1-8 COMMUNITY DEVELOPMENT
Definitions and rules of construction 1-2 Business and cultural development board. 22-26 et seq.
Effect of repeal of ordinances 1-9 See: BUSINESS AND CULTURAL DE-
General penalty; attorneys' fees and costs 1-15 VELOPMENT BOARD
History notes 1-4 Community appearance review board .... 22-36 et seq.
How Code designated and cited 1-1 See:COMMUNITY APPEARANCE RE-
Provisions considered as continuation of VIEW BOARD
existing ordinances 1-7 Land development code regulations re zon-
ing 110-26 et seq.
*Note—The adoption, amendment, repeal, omissions, effec- See:LAND DEVELOPMENT CODE
tive date,explanation of numbering system and other matters
pertaining to the use,construction and interpretation of this COMPETITIVE BIDS
Code are contained in the adopting ordinance and preface Purchasing 2-216 et seq.
which are to be found in the preliminary pages of this volume. See:PURCHASES AND PURCHASING
Supp. No. 12 CDi:7
CAPE CANAVERAL CODE
Section
Section
CONCURRENCY MANAGEMENT SYSTEM CULTURAL DEVELOPMENT. See: BUSI-
Fees schedule in general. See: FEES (Ap- NESS AND CULTURAL DEVELOP-
pendix B) MENT BOARD
Land development code regulations 86-1 et seq.
See: LAND DEVELOPMENT CODE CYCLONES
Planning and zoning board 58-26 et seq. Civil emergencies 18-1 et seq.
See:PLANNING AND ZONING BOARD See: CIVIL EMERGENCIES
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE DIS-
POSAL D
CONNECTIONS DANCING AND DANCEHALLS
Adult dancing establishments 10-177
Sewer connections 78-27 et seq.
See: SEWERS AND SEWAGE DIS- Straddle dancing 10-73
POSAL Alcoholic beverage establishments
Nudity on premises 6-27
CONSTRUCTION
Coastal construction code 82-88 et seq. DEBRIS. See also: SOLID WASTE
Buildings and building regulations.See: Burial of debris 34-41
LAND DEVELOPMENT CODE
DEDICATIONS
CONTRACTORS Land development code regulations re zon-
Occupational license tax ing 110-26 et seq.
Special requirements for contractors... 70-85 See: LAND DEVELOPMENT CODE
Plats or subdivisions
CONTRACTS AND AGREEMENTS Certain ordinances not affected by Code 1-10(a)(12)
Certain ordinances not affected by Code.. 1-10(a)
City attorney DEEDS
Duties 2-126(6) Certain ordinances not affected by Code.. 1-10(a)(2)
Code does not affect prior contracts estab-
lishing or occurring 1-8 DELEGATION OF AUTHORITY
Franchise agreements 66-1 Definitions and rules of construction 1-2
Franchise regulations in general. See:
FRANCHISES(Appendix A) DENSITY
Purchasing 2-216 et seq. Land development code regulations re zon-
See:PURCHASES AND PURCHASING ing 110-26 et seq.
Right-of-way use agreements 66-1 See: LAND DEVELOPMENT CODE
Vested rights agreements 115-10
DEPARTMENTS AND OTHER AGENCIES
CORPORATE LIMITS OF CITY.See also:BOARDS,COMMIT-
Definitions and rules of construction 1-2 TEES AND COMMISSIONS
City manager
COUNCIL.See:CITY COUNCIL Powers and duties 2-101(6)
COUNTY Definitions and rules of construction 1-2
Animal control ordinance 14-26 et seq. Delegation of authority
See:ANIMALS AND FOWL Definitions and rules of construction... 1-2
Definitions and rules of construction 1-2 Fire department 38-56 et seq.
Flood damage prevention 90-26 et seq. See: FIRE PREVENTION
See:LAND DEVELOPMENT CODE Joint authority
Health department Definitions and rules of construction... 1-2
Adult entertainment establishment per- Local planning agency 58-56 et seq.
mit investigation 10-140 See:PLANNINGAND DEVELOPMENT
Police department 42-26
COURTS
Costs for police education and training... 50-3 DEVELOPMENT DISTRICTS
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
CREED DISCRIMINATION DEVELOPMENT.See:PLANNING AND DE-
Human rights,discrimination prohibited . 40-28 VELOPMENT
Supp.No. 12 CDi:8
CODE INDEX
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
Human rights Signs
Discrimination prohibited 40-28 Land development code regulations.... 94-1 et seq.
DISTRICTS See: LAND DEVELOPMENT CODE
Land development code regulations re zon- EMERGENCIES
ing 110-26 et seq. Civil emergencies 18-1 et seq.
See:LAND DEVELOPMENT CODE See: CIVIL EMERGENCIES
DRAINS AND DRAINAGE Fire protection services; emergency medi-
Concurrency management 86-1 et seq. cal services 38-56
See:LAND DEVELOPMENT CODE Flood damage prevention 90-26 et seq.
Flood damage prevention 90-26 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Franchise regulations in general. See:
Outdoor entertainment permit require- FRANCHISES(Appendix A)
ments 10-62(1) Purchase 2-221
Sanitary sewer system 78-26 et seq. Sanitary sewer system
See: SEWERS AND SEWAGE DIS- Termination of service and emergency . 78-58
POSAL Services
LIPe Street excavations 66-61 et seq. Alarm systems 30-26 et seq.
See: STREETS, SIDEWALKS AND See:ALARM SYSTEMS
OTHER PUBLIC WAYS Fees schedule in general. See: FEES
Subdivisions (Appendix B)
Land development code regulations.... 98-1 et seq. Outdoor entertainment permit require-
See: LAND DEVELOPMENT CODE ments 10-62(4)
Street excavations 66-70
DRUNKS AND DRUNKENNESS
Alcoholic beverages 6-1 et seq. EMPLOYEES. See: OFFICERS AND EM-
See:ALCOHOLIC BEVERAGES PLOYEES
DUNES ENCROACHMENT
Parking prohibited 74-59 Property maintenance standards 34-91 et seq.
Wetlands protection 106-26 et seq. See: PROPERTY MAINTENANCE
See:LAND DEVELOPMENT CODE STANDARDS
ENGINEER. See:CITY ENGINEER
E
ENGINEERS AND ENGINEERING
EARTHQUAKES
Street excavations
Civil emergencies 18-1 et seq. Engineering details 66-66
See: CIVIL EMERGENCIES
ENGINES
EASEMENTS
Discharge into open air of exhaust
Subdivisions Noises,enumeration of prohibited 34-153(6)
Land development code regulations.... 98-1 et seq.
See: LAND DEVELOPMENT CODE ENTERTAINMENT. See: AMUSEMENTS
AND AMUSEMENT PLACES
ELECTIONS
Certain ordinances not affected by Code.. 1-10(a)(16) 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.
Lipe, State election code adopted 26-1 See:LAND DEVELOPMENT CODE
Supp.No. 12 CDi:9
CAPE CANAVERAL CODE
Section Section
ENVIRONMENT(Cont'd.) FEDERAL GOVERNMENT(Cont'd.)
Lights 34-206 et seq. Federal utilities commission
See: LIGHTS AND LIGHTING Franchise regulations in general. See:
Litter 34-26 et seq. FRANCHISES(Appendix A)
See:LITTER Franchise regulations in general. See:
Noise 34-151 et seq. FRANCHISES(Appendix A)
See:NOISE Interpret law
Planning and zoning board 58-26 et seq. City attorney
See:PLANNING AND ZONING BOARD Duties 2-126(3)
Property maintenance standards 34-91 et seq. Vehicles for hire
See: PROPERTY MAINTENANCE Application of provisions to vehicle, op-
STANDARDS erator regulator by federal govern-
Sanitary sewer system 78-26 et seq. ment 80-2
See: SEWERS AND SEWAGE DIS-
POSAL FEES
Street excavations 66-61 et seq. Adult entertainment
See: STREETS, SIDEWALKS AND Fees for license of establishment 10-121
OTHER PUBLIC WAYS Alarm systems
Tree protection,land clearing 102-36 et seq. Fees charged 30-31
See:LAND DEVELOPMENT CODE Permit fees 30-27
Weeds and dead vegetation 34-121 et seq. Certain ordinances not affected by Code.. 1-10(a)(7)
See: WEEDS AND DEAD VEGETA- Franchise regulations in general. See:
TION FRANCHISES(Appendix A)
Wetlands protection 106-26 et seq. Impact fees 2-231 et seq.
See:LAND DEVELOPMENT CODE See: IMPACT FEES
Outdoor entertainment permit 10-63
EXCAVATIONS Sewer fees where owner has private water
Building sewers 78-83 supply 78-154
Fees schedule in general. See: FEES (Ap- Solid waste
pendix B) Schedule of fees 62-5
Sanitary sewer system 78-26 et seq. Street excavations permit fee 66-83
See: SEWERS AND SEWAGE DIS- Vehicles for hire
POSAL Driver's permit fee 80-55
Street excavations 66-61 et seq. Fees to be in addition to other taxes and
See: STREETS, SIDEWALKS AND charges 80-3
OTHER PUBLIC WAYS
FENCES, WALLS, HEDGES AND ENCLO-
EXHAUST SURES
Discharge into open air Land development code regulations re zon-
Noises, enumeration of prohibited 34-153(6) ing 110-26 et seq.
EXHIBITIONS See:LAND DEVELOPMENT CODE
Adult entertainment 10-46 et seq. Signs
See:ADULT ENTERTAINMENT 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
Cost of installation 78.78
Fireworks 38-81 et seq.
See:FIREWORKS Certain ordinances not affected by Code.. 1-10(a)(2)
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
Adult entertainment Outdoor entertainment permit require-
Compliance with federal requirements. 10-163 ments 10-62(5)
Supp.No. 12 CDi:10
CODE INDEX
Loe
Section Section
FINANCES(Cont'd.) FIRE PREVENTION(Cont'd.)
Public service tax 70-26 et seq. Fire protection services; emergency medi-
See:TAXATION cal services 38-56
Purchasing 2-216 et seq. Fireworks generally 38-81 et seq.
See:PURCHASES AND PURCHASING See:FIREWORKS
Quarterly report of income and expendi- Flammable materials and liquids
tures 2-206 Storage and dispensing restrictions.... 38-4
Sewer impact fees Hazardous materials and substances
Payment 78-122 Abatement 38-91
Use of funds 78-127 Cleanup 38-91
Travel reimbursement policies and proce- Cost recovery 38-93
dures 2-300 Definitions 38-90
Violations and penalties 38-93
FINES, FORFEITURES AND OTHER PEN- 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
cooe, 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
Attending firefighters 38-88
FIRE LANES Definitions 38-81
Designation of 74-62 Insurance 38-86
FIRE PREVENTION Investigation of applicant; issuance or de-
Alarm systems generally 30-26 et seq. nial of permit 38-84
See:ALARM SYSTEMS Operators 38-85
Bottled gas Public displays authorized 38-82
Use restrictions;permit required 38-5 Storage of materials 38-87
Conformance 38-34 FIRMS
Doors to businesses or public halls 38-6 Persons; definitions and rules of construe-
Fire chief tion extended and applied to 1-2
Duties 38-58
Fire department FLOOD DAMAGE PREVENTION
Fire protection services;emergency med- Civil emergencies 18-1 et seq.
ical services 38-56 See:CIVIL EMERGENCIES
Volunteer fire department 38-57 Fees schedule in general. See: FEES (Ap-
Fire inspectors pendix B)
Designated as city code inspectors 38-3 Generally 90-26 et seq.
Life Safety Code re 38-29 See:LAND DEVELOPMENT CODE
Fire lanes,designation of 74-62 Land development code regulations re zon-
Fire prevention codes ing 110-26 et seq.
Florida Fire Prevention Code See:LAND DEVELOPMENT CODE
Adopted 38-26 Wetlands protection 106-26 et seq.
Inspector 38-27 See:LAND DEVELOPMENT CODE
Life Safety Code
Adopted 38-28 FLOODLIGHTS
cre Fire inspector 38-29 Outdoor entertainment permit require-
Lockboxes required 38-32 ments 10-62(1)
Supp.No. 12 CDi:11
CAPE CANAVERAL CODE
Section Section
FLOODLIGHTS(Cont'd.) FRANCHISES(Appendix A)(Cont'd.)
Spill-over lighting requirements 34-206 et seq. Liability 1I-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
Repeal of conflicting ordinances II-11
Franchise regulations in general. See: Validity II-10
FRANCHISES(Appendix A) Gas franchise agreement
FLORIDA. See: STATE Books and records available to city III-XIV
Definitions III-IV
FORFEITURE.See:FINES,FORFEITURES Design and construction provisions III-XIII
AND OTHER PENALTIES Effective date of franchise;term III-VI
FOWL.See:ANIMALS AND FOWL Franchise fees III-D�
Franchise operation III-VII
FRANCHISES(Appendix A) Forfeiture or revocation III-X
(Note—Citations herein refer to articles Grant of franchise III-V
and sections contained within Appen- Indemnification and hold harmless III-XII
dix A Franchises) Liability and insurance III-XI
Cable television franchise Miscellaneous provisions III-XVII
Basic service 1-26 Preferential or discriminatory practices
City rights in franchise I-19 prohibited III-XV
City's rights of intervention 1-23 Purpose and goals III-III
Compliance with applicable laws and Recitals III-I
regulations I-5 Service standards III-XVI
Conditions of street occupancy I-13 Short title III-II
Customer service standards I-9 Transfer of ownership or control III-VIII
Definitions I-2 Telephone
Emergency use of facilities by city I-10 Company liability: indemnification IV-4
Erection,removal,and common user job Compliance with applicable law and or-
poles I-24 dinances IV-3
`".411110)
Forfeiture of franchise I-22 Conditions on street occupancy IV-5
Grant of non-exclusive franchise I-4
Legislative findings I-3
Liability and indemnity provision 1-7
Maps and additional reports to be filed
by grantee I-20
Other business activities I-11
Payment to city I-21
Preferential or discriminatory practices
prohibited I-14
Public service 1-28
Quality of service I-27
Removal of facilities upon request I-15
Re-regulation I-25
Restrictions on assignment,transfer,sale
and subleasing I-16
Safety requirements 1-12
Severability I-29
Short title I-1
System upgrade 1-8
Term of franchise I-17
Territorial area involved I-6
Electric
Acceptance by grantee 1I-2
Amount of payments by grantee to
grantor II-6
Competition by grantor II-8
Effective date II-12
Forfeiture II-9
Grant II-1
Supp.No. 12 CDi:12
CODE INDEX
L
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Preliminary plat Rights-of-way
Planning and zoning board proce- Signs on 94-6(c)
dure 98-46 Roadways
Plats Concurrency management
Subdivision plats 98-31 et seq. Generally 86-1 et seq.
See herein:Subdivisions See herein: Concurrency Manage-
Plumbing code 82-146 et seq. ment
See herein:Buildings and Building Reg- Sanitary sewer system
ulations Generally 78-26 et seq.
Political signs See: SEWERS AND SEWAGE DIS-
Deposits 94-78(e) POSAL
District requirements 94-78(f) Subdivision design standards 98-113
Location 94-78(c) Sediment traps
Permits 94-78(d) Natural surface waters used as 90-175
Specifications 94-78(b) Setbacks
Time of erecting 94-78(a) Signs 94-64(e)
Portable signs 94-6(e) Sewers
Potable water systems Concurrency management
Concurrency management Generally 86-1 et seq.
Generally 86-1 et seq. See herein: Concurrency Manage-
See herein: Concurrency Manage- ment
Subdivision improvements 98-90
ment
Subdivision design standards 98-112 Shopping centers or multi-tenant centers
Prohibited uses Signs
Shopping center or multi-tenant cen-
Floodplain 90-94 ter in any district 94-100
Wetlands protection 106-30 Signs
L Property maintenance code 82-221 et seq. Abandoned signs 94-62(a)
See herein:Buildings and Building Reg- Administrator 94-3
ulations Automotive service station allowed by
Public facilities special exception in C-1 zoning dis-
Concurrency management trict 94-101
Criteria for evaluation of levels of Awnings and canopies 94-82
service of 86-6 Billboards 94-80
Generally 86-1 et seq. Building official
See herein: Concurrency Manage- Inspection by 94-36
ment C-1 Low Density Commercial District,
Public sites and open spaces C-2 Commercial.Manufacturing
Subdivision design standards 98-109 District and M-1 Light Industrial
R-1 Low Density Residential District. See and Research and Development Dis-
also herein:Zoning trict 94-99
Signs 94-96 Conformance to provisions 94-7
R-2 Medium Density Residential District. Definitions 94-1
See also herein:Zoning Exemptions 94-4
Signs 94-97 Fees
R-3 Medium Density Residential DistrictInspections and permits 94-35
See also herein:Zoning Hazardous signs 94-62(b)
Signs 94-98 Home occupation signs 94-83
Rainfall intensity Identification 94-8
Stormwater management 90-147 Inspection
Records Building official 94-36
Concurrency management Fees 94-35
Cumulative level-of-service records.. 86-10 Notice for 94-37
Remedies Lighting 94-63
Subdivisions 98-6 Maintenance,notice to repair 94-11
Reuse Measurement and placement, criteria
Water reuse 90-176 and standards for
LIOle Revegetation Area 94-64(a)
Tree protection 102-43 Combinations of signs 94-64(b)
Supp.No. 12 CDi:21
CAPE CANAVERAL CODE
Section ....)
Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Corner lots 94-64(c) Stagnant water conditions
Display of permit number 94-64(d) Configurations 90-166
Ground signs 94-64(0 Stormwater management
Height,setback and location measure- Generally 90-116 et seq.
ments 94-64(e) See herein: Floods
Size limits 94-64(g) Streams without established base flood el-
Off-premises signs evation on floodways
Generally in signs and vacant lands. 94-77,94-79 Flood hazard standards 90-66
Specifically 94-79 Streets
Temporary off-premises signs 94-81 Subdivisions
Penalty for violation 94-5 Design standards 98-114, 98-115
Permits Improvements 98-92
Application for 94-32 Names 98-119
Fees 94-35 Subdivisions
Issuance of 94-33 Appeals and arbitrations 98-5
Required 94-31 Certificate of completion 98-83
Revocation of 94-34 City
Placement Review of preliminary plan 98-45
Restrictions on 94-61 Construction
Political signs Certificate of completion
Deposit 94-78(e) Issuance of 98-83
District requirements 94-78(0 Inspection 98-80
Location 94-78(c) Notification 98-82
Permits 94-78(d) Permit
Specifications 94-78(b) Approval of plans and specifica-
Time of erecting 94-78(a) tions 98-73
Prohibited signs and sign features Issuance 98-75
Flashing signs prohibited 94-6(d) Master survey point 98-74
Obstruction of free ingress or egress. 94-6(b) Procedures 98-70
Off-site signs 94-6(g) Required;penalty 98-69
Portable signs 94-6(e) Review 98-72
Public utility poles and trees, signs Submission of construction plans
on 94-6(a) and specifications 98-71
Rights-of-way,signs on 94-6(c) Terms;revocation 98-76
Vehicles,signs on 94-6(0 Submission of data 98-81
Purpose and scope 94-2 Definitions 98-1
R-1 Low Density Residential District .. 94-96 Final plats
R-2 Medium Density Residential Dis- Construction of 98-70(2)
trict 94-97 Flood hazard standards 90-67
R-3 Medium Density Residential Dis- Improvements
trict 94-98 Boundary line survey 98-93
Shopping center or multi-tenant center Design standards
in any district 94-100 Alleys 98-110
Temporary off-premises signs 94-81 Blocks 98-106
Temporary on-premises signs 94-76 Bridges 98-116
Traffic hazard,signs constituting 94-62(c) Bulkheads or retainer walls 98-118
Violation Canal 98-117
Signs in 94-77 Easements 98-108
Wind pressure and dead load 94-9 Lots 98-107
Site plan Potable water systems 98-112
Wetlands protection development requir- Public sites and open spaces 98-109
ing 106-28 Sanitary sewer system 98-113
Size limits Streets,roads and alleys
Signs 94-64(g) Generally 98-114
Solid waste Technical specifications 98-115
Concurrency management Surface and storm drainage 98-111
Generally 86-1 et seq. Development and enforcement of pro-
See herein: Concurrency Manage- visions 98-86
ment Drainage 98-91
Supp.No. 12 CDi:22
CODE INDEX
(1111111110f
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
Signs constituting traffic hazards 94-62(c)
Water supply 98-89 Tree protection
Permits Land clearing
Construction permits 98-69 et seq. Civil penalties 102-37
See within this subheading: Con- Criminal penalties 102-38
struction Definitions 102-36
Planning and zoning board List of recommended landscaping
Final plats plants 102-44
Recommendations of planning and Open burning of natural covers 102-42
zoning board 98-61 Permits
Powers of 98-3 Development order 102-39(b)
Preliminary plats Exemptions 103-40
Land clearing permit 102-39(d)
Planning and zoning board proce- Notice 102-39(a)
dure 98-46 Survey permit 102-39(c)
Plats Protection of trees and vegetative buff-
Final plat ers
Application for approval 98-60 Development size thresholds 102-41(a)
Conformance to preliminary plat . 98-56 Inspections 102-41(e)
Data required for final approval.. 98-58 Preservation thresholds 102-41(b)
Documents required prior to ap- Relocation of trees 102-41(f)
Lime proval 98-59 Removal criteria 102-41(c)
Number of copies 98-57 Replacement criteria 102-41(d)
Planning and zoning board recom- Revegetation 102-43
mendations 98-61 Undesirable species,list of 102-45
Recording 98-62 Undesirable species, list of 102-45
Preapplications Unsafe building abatement code 82-56 et seq.
See herein:Buildings and Building Reg-
Review procedures 98-36 ulations
Preliminary plat Variances
City review 98-45 Stormwater management 90-121
Information required 98-41 Subdivisions 98-4
Planning and zoning board proce- Vegetation
dures 98-46 Tree protection 102-26 et seq.
Scale;proposals 98-43 See herein:Tree Protection
Time limit 98-47 Vegetation buffers
Topographic data 98-42 Stormwater management
Purpose 98-2 Native vegetation buffers 90-177
Remedies 98-6 Vehicles
Variance Signs on 94-6(0
Application 98-4(b) Vested rights
Conditions 98-4(e) Concurrency management 86-13
Hardship 98-4(a) Water supply
Prerequisites to granting 98-4(d) Subdivision improvements 98-89
Waterways
Public hearing;notice 98-4(c) Wetlands protection 106-26 et seq.
Wetlands protection requiring subdivi- See herein:Wetlands Protection
sion plat 106-28 Wetlands protection
Surface and storm drainage Definitions 106-26
Subdivision design standards 98-111 Development requiring site plan or sub-
Surface water division plat 106-28
Channeled into sanitary sewer 90-170 Mitigation 106-31
Lime, Topographic data Permitted uses 106-29
Subdivision plat 98-42 Prohibited uses 106-30
Supp. No. 12 CDi:23
CAPE CANAVERAL CODE
Section ,...)
Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
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
NealAdministrative 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
Residential planned unit develop- Nonconforming uses of structures or
ments of structures and premises in
Minimum lot area 110-439 combination 110-195
Supp.No. 12 CDi:24
CODE INDEX
Lie
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Required for commercial uses 110-481 Courts,minimum width of 110-473
Setback lines 110-536 Dedication
Structures approved by special excep- Public easement 110-477
tions 110-161 Public land 110-476
C-1 Low Density Commercial District Definitions 110-1
Accessory uses and structures 110-333 Density
Area and dimensions 110-336 C-1 Low Density Commercial District 110-331 et seq.
Intent 110-331 See within subheading: C-1 Low
Landscaping, screening and parking 110-338 Density Commercial District
Minimum setbacks 110-337 R-1 Low Residential District 110-271 et seq.
Offstreet parking and access 110-339 See within subheading: R-1 Low
Principal uses and structures 110-332 Residential District
Prohibited uses and structures 110-335 R-2 Medium Density Residential Dis-
Special exceptions permissible by trict 110-291 et seq.
board of adjustment 110-334 See within subheading: R-2 Me-
C-2 Commercial/Manufacturing District dium Density Residential Dis-
Accessory uses and structures 110-382 trict
Area and dimensions 110-385 R-3 Medium Density Residential Dis-
Intent 110-380 trict 110-311 et seq.
Landscaping, screening and parking 110-387 See within subheading: R-3 Me-
Minimum setbacks 110-386 dium Density Residential Dis-
Parking and loading 110-389 trict
Performance standards 110-388 Residential planned unit develop-
Principal uses and structures 110-381 ments
Prohibited uses and structures 110-384 Maximum density 110-437
Special exceptions permissible by Reuse of area used for density calcu-
board of adjustment 110-383 lation 110-253
(kINe Camping equipment Development districts
Location of 110-551 M-1 Light Industrial and Research
Camping equipment,boats and boat trail- and Development District 110-351 et seq.
ers,location of 110-551 See within this subheading: M-1
Certificate of occupancy Light Industrial and Research
Hotels and motels 110-122 and Development District
Required 110-121 Development plans
Commercial districts Residential planned unit develop-
C-1 Low Density Commercial District 110-331 et seq. ments 110-421 et seq.
See within subheading: C-1 Low See within this subheading: Resi-
Density Commercial District dential Planned Unit Devel-
C-2 Commercial/Manufacturing Dis- opments
trict 110-380 et seq. Development schedule
See within this subheading: C-2 Townhouses 110-379
Commercial/Manufacturing Development standards
District Residential planned unit develop-
Landscaping and screening between ments 110-444
commercial or industrial zoning Dimensions
districts and residential zoning C-1 Low Density Commercial District 110-336
districts 110-566 M-1 Light Industrial and Research
Commercial uses and Development District 110-356
Buildings required for 110-481 Offstreet loading 110-507
Common recreation and open space R-1 Low Density Residential District 110-276
Residential planned unit develop- R-2 Medium Density Residential Dis-
ments,minimum 110-404, 110- trict 110-296
438 R-3 Medium Density Residential Dis-
Complaints of violations 110-90 trict 110-316
Conflicts with other ordinances 110-86 Townhouses 110-372
Conformity to plans, specifications, in- Districts
tendment uses and applications .. 110-91 Annexations, zoning classification of 110-256
(11bre Construction Application of district requirements. 110-249
Swimming pools 110-581 Conformity 110-250
Supp.No. 12 CDi:25
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Dimension or areas reduction below Industrial districts
minimum 110-254 Landscaping and screening between
Duplicate use of setbacks,open space, commercial or industrial zoning
parking space 110-252 districts and residential zoning
Lot and street requirements for struc- districts 110-566
tures 110-255 M-1 Light Industrial and Research
Official zoning map and Development District 110-351 et seq.
See within this subheading: M-1
Adopted 110-246 Light Industrial and Research
Replacement 110-247 and Development District
Preservation of trees in all districts 110-568 Intersections
Reconsideration of district boundary Visibility at 110-469
changes 110-139 Land
Regulations for specific districts. See Nonconforming uses of 110-194
within specific districts as in- Landscaping and vegetation
dexed C-1 Low Density Commercial District 110-338
Reuse of area used for density calcu- C-2 Commercial/Manufacturing Dis-
lations 110-253 trict 110-387
Rules for interpretation of district Interior landscaping for offstreet park-
boundaries 110-248 ing areas 110-567
Structure, height, maximum use, lot Landscaping and screening between
area,setbacks 110-251 commercial or industrial zoning
Unusual uses or uses not specifically districts and residential zoning
permitted 110-257 districts 110-566
M-1 Light Industrial and Research
Drainage systems and Development District 110-358
Residential planned unit develop- Preservation of trees in all districts 110-568
ments 110-404 Length of structures
Dune crossovers Residential planned unit develop-
R-3 Medium Density Residential Dis- ments,maximum 110-440
trict 110-320 Light industrial districts
Easements M-1 Light Industrial and Research
Dedicated public easements 110-477 and Development District 110-351 et seq.
Enclosures See within this subheading: M-1
Swimming pools 110-582 Light Industrial and Research
Encroachments and Development District
Setbacks 110-328 Loading
Enforcement of provisions 110-87 M-1 Light Industrial and Research
Fences,walls and hedges 110-470 and Development District 110-360
Floor area Location
Residential planned unit develop- Offstreet loading 110-507
menu, minimum 110-441 Recreational vehicles,camping equip-
Frontage ment, boats and boat trailers .. 110-551
Residential planned unit develop- Spaces
Offstreet parking 110-492
ments 110-439 Swimming pools 110-581
Garage sales 110-467 Lots
Height Area
District 110-251 District 110-251
Exceptions to regulations 110-471 Residential planned unit develop-
Home occupations ments 110-439
Occupational license required 110-523 Erection of more than one principal
Permitted home occupations 110-521 structure on 110-537
Requirements 110-522 Requirements for structures 110-255
Hotels and motels Low density commercial district
Certificate of occupancy 110-122 C-1 Low Density Commercial District 110-331 et seq.
Individually platted lots See within subheading: C-1 Low
Townhouses 110-377 Density Commercial District
Supp. No. 12 CDi:26
CODE INDEX
(111111iie
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Low density residential district Location spaces 110-492
R-1 Low Residential District 110-271 et seq. Number of spaces required 110-491
See within subheading: R-1 Low R-1 Low Density Residential District 110-278
Density Residential District R-2 Medium Density Residential Dis-
M-1 Light Industrial and Research and trict 110-298
Development District R-3 Medium Density Residential Dis-
Accessory uses and structures 110-353 trict 110-318
Area and dimension 110-356 Residential planned unit develop-
Intent 110-351 ments 110-442
Landscaping, screening and parking 110-358 Townhouses 110-374
Minimum setbacks 110-357 Open space
Parking and loading 110-360 Duplicate use of 110-252
Performance standards 110-359 Parking
Principal uses and structures 110-352 C-1 Low Density Commercial District 110-338
Prohibited uses and structures 110-355 C-2 Commercial/Manufacturing Dis-
Special exceptions permissible by trict 110-387, 110-
board of adjustment 110-354 389
Maximum use Certain vehicles 110-554
District 110-251 M-1 Light Industrial and Research
Medium density residential district and Development District 110-358, 110-
R-2 Medium Density Residential Dis- 360
trict 110-291 et seq. R-3 Medium Density Residential Dis-
See within subheading: R-2 Me- trict
dium Density Residential Dis- Protection of public beach-end park-
trict ing 110-321
R-3 Medium Density Residential Dis- Parking space
trict 110-311 et seq. Duplicate use of 110-252
See within subheading: R-3 Me- Paving of vehicular use area 110-555
Lio, dium Density Residential Dis- Penalties for violations 110-89
trict Performance standards
Mobile home parks Application of 110-466
Nonconforming uses 110-192 M-1 Light Industrial and Research
Nonconformities and Development District 110-359
Intent 110-191 Permissible uses and structures
Mobile home parks single-family mo- R-1 Low Density Residential District 110-272
bile home districts 110-192 R-3 Medium Density Residential Dis-
Nonconforming lots of record 110-196 trict 110-312
Nonconforming structures 110-193 Permits
Nonconforming uses of land 110-194 Application 110-107
Nonconforming uses of structures or Expiration 110-108
of structures and premises in Required 110-106
combination 110-195 Permitted home occupation 110-521
Repairs and maintenance 110-197 Permitted uses
Temporary uses 110-198 Residential planned unit develop-
Number of spaces ments 110-403
Offstreet parking 110-491 Townhouses 110-371
Occupational license Physical review
Home occupation requirements 110-523 Residential planned unit develop-
Official zoning map ments 110-405
Adopted 110-246 Preservation
Replacement 110-247 Residential planned unit develop-
Offstreet loading ments 110-445
Location and dimensions of space... 110-507 Trees
Requirements spaces 110-506 All districts 110-568
Offstreet parking Townhouses 110-376
Access 110-493 Principal uses and structures
C-1 Low Density Commercial District 110-339 C-1 Low Density Commercial District 110-332
‘1111111110i Interior landscaping for offstreet park- C-2 Commercial/Manufacturing Dis-
ing areas 110-567 trict 110-381
Supp.No. 12 CDi:27
CAPE CANAVERAL CODE
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
M-1 Light Industrial and Research Regulations pertaining to specific dis-
and Development District 110-352 tricts. See within specific districts
R-2 Medium Density Residential Dis- as indexed
trict 110-292 Repairs and maintenance
Private roads and other related common Nonconformities 110-197
facilities Research and development districts
Residential planned unit develop- M-1 Light Industrial and Research
ments 110-404 and Development District 110-351 et seq.
Prohibited uses and structures See within this subheading: M-1
C-2 Commercial/Manufacturing Dis- Light Industrial and Research
trict 110-384 and Development District
M-1 Light Industrial and Research Residential districts
and Development District 110-355 R-1 Low Density Residential District 110-271 et seq.
R-1 Low Density Residential District 110-275 See within subheading: R-1 Low
R-2 Medium Density Residential Dis- Density Residential District
trict 110-295 R-2 Medium Density Residential Dis-
R-3 Medium Density Residential Dis- trict 110-291 et seq.
trict 110-315 See within subheading: R-2 Me-
Public land dium Density Residential Dis-
Dedicated 110-476 trict
R-1 Low Density Residential District R-3 Medium Density Residential Dis-
Accessory uses and structures 110-273 trict 110-311 et seq.
Area and dimensions 110-276 See within subheading: R-3 Me-
Intent 110-271 dium Density Residential Dis-
Minimum setbacks 110-277 trict
Offstreet parking and access 110-278 Residential planned unit developments
Principal uses and structures 110-272 Bonding 110-407
Building permit 110-406
Prohibited uses and structures 110-275 Common open space, drainage sys-
Special exceptions permissible by
tems, private roads and other
board of adjustment 110-274 related common facilities 110-404
R-2 Medium Density Residential Dis- Development plans
trict 110-296 Application 110-421
Accessory uses and structures 110-293 Procedure for approval of final de-
Area and dimension 110-296 velopment plan 110-423
Intents 110-291 Procedure for receiving approval of
Minimum setbacks 110-297 preliminary development plan
Offstreet parking and access 110-298 and tentative zoning 110-422
Principal uses and structures 110-292 Enforcement 110-409
Prohibited uses and structures 110-295 Land use regulations
Special exceptions permissible by Development standards 110-444
board of adjustment 110-294 Maximum density 110-437
R-3 Medium Density Residential Dis- Maximum length of structures 110-440
trict Minimum common recreation and
Accessory uses and structures 110-313 open space 110-438
Areas and dimensions 110-316 Minimum floor area 110-441
Dune crossovers required 110-320 Minimum lot area; frontage; set-
Intent 110-311 backs;accessory uses 110-439
Minimum breeze requirement 110-319 Minimum size 110-436
Minimum setbacks 110-317 Offstreet parking 110-442
Offstreet parking and access 110-318 Preservation of trees 110-445
Principal uses and structures 110-312 Underground utilities 110-443
Prohibited uses and structures 110-315 Permitted uses 110-403
Protection of public beach-end park- Physical review 110-405
ing 110-321 Purpose and intent 110-402
Special exception permissible by board Termination zone 110-408
of adjustment 110-314 Residential use antennas 110-478
Recreational vehicles Rezoning. See within this subheading:
Location of 110-551 Amendments
Supp. No. 12 CDi:28
CODE INDEX
Loy
Section Section
LAND DEVELOPMENT CODE(Cont'd.) LAND DEVELOPMENT CODE(Cont'd.)
Satellite dishes 110-478 Storing
Schedule of fees,charges and expenses110-92 Certain vehicles 110-554
Screening Streets
C-1 Low Density Commercial District 110-338 Requirements for structures 110-255
C-2 Commercial/Manufacturing Dis- Structures.See within subheading:Build-
trict 110-387 ings
Commercial or industrial districts110-566 Swimming pools
M-1 Light Industrial and Research Accessories 110-583
and Development District 110-358 Construction and location 110-581
Setbacks Enclosure 110-582
Building setback lines 110-536 Minimum setbacks 110-584
C-1 Low Density Commercial Dis- Temporary uses
trict,minimum setbacks 110-337 Nonconformities 110-198
C-2 Commercial/Manufacturing District 110-386 Termination zone
District 110-251 Residential planned unit develop-
Duplicate use of 110-252 ments 110-408
Encroachments 110-538 Towers
Erection of more than one principal Wireless communications 110-483
structure on lot 110-537 Townhouses
M-1 Light Industrial and Research Area and dimensions 110-372
and Development District 110-357 Building permit 110-378
R-1 Low Density Residential District, Development schedule 110-379
minimum setbacks 110-277 Individually platted lots 110-377
R-2 Medium Density Residential Dis-
trict 110-297 Minimum setbacks 110-373
R-3 Medium Density Residential Dis- Offstreet parking 110-374
trict,minimum setbacks 110-317 Permitted use 110-371
‘1111110e Residential planned unit develop- Preservation of trees 110-376
ments 110-439 Utilities 110-375
Swimming pools,minimum 110-584 Underground utilities
Townhouses, minimum setbacks 110-373 Residential planned unit develop-
Sewage disposal 110-479 ments 110-443
Sidewalks Required 110-482
Required 110-475 Unusual uses or uses not specifically
Signs 94-64(a) permitted 110-257
Single-family mobile home districts Uses
Nonconformities 110-192 Approved by special exceptions 110-161
Site plans Utilities
Appeal 110-223.5 Townhouses 110-375
Criteria required 110-222 Underground,required 110-482
Expiration 110-224 Vegetation. See within this subheading:
Review procedures 110-223 Landscaping or Vegetation
Submittal and review required 110-221 Vehicles and vessels
Special exceptions Living aboard boats 110-552
Alcoholic beverages Living or residing in boats, utility
Establishment serving alcoholic trailers,recreational vehicles and
beverages 110-171 special purpose vehicles 110-553
Structures and uses approved by spe- Location of recreational vehicles,camp-
cial exception 110-161 ing equipment, boats and boat
Special exceptions permissible by board trailers 110-551
of adjustment Parking and storage of certain vehi-
C-1 Low Density Commercial District 110-334 des 110-554
M-1 Light Industrial and Research Paving of vehicular use areas 110-555
and Development District 110-354 Vehicle rental facility 110-556
R-1 Low Density Residential District 110-274 Vehicular use areas,paving of 110-555
R-2 Medium Density Residential Dis- Vessels.See within this subheading:Ve-
trict 110-294 hides and Vessels
Liri R-3 Medium Density Residential Dis- Visibility at intersections 110-469
trict 110-314 Water areas 110-474
Supp. No. 12 CDi:29
CAPE CANAVERAL CODE
Section
Section
LAND DEVELOPMENT CODE(Cont'd.) LICENSES AND PERMITS(Cont'd.)
Width Approval prerequisite for permits... 22-40
Courts,minimum width of 110-473 Building permits;enforcement 22-47
Wireless communications towers and an- Notice of approval or denial 22-43
tennas 110-483 Concurrency management system 86-1 et seq.
Zoning districts. See herein:Zoning See: LAND DEVELOPMENT CODE
LANDSCAPING Excavations
Appearance and maintenance 34-99 Street excavation permit requirements. 66-81 et seq.
Beautification board 2-181 et seq. See: STREETS, SIDEWALKS AND
See:BEAUTIFICATION BOARD OTHER PUBLIC WAYS
Land development code regulations re zon- Fees schedule in general. See: FEES (Ap-
ing 110-26 et seq. pendix B)
See:LAND DEVELOPMENT CODE Fireworks,application for permits 38-83, 38-84
Flood damage prevention 90-26 et seq.
Sanitary sewer system 78-26 et seq.
See: SEWERS AND SEWAGE DIS- See: LAND DEVELOPMENT CODE
POSAL Land development code regulations re zon-
Tree protection,land clearing 102-36 et seq. ing 110-26 et seq.
See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
Motion and still photography production
LAW ENFORCEMENT permits 16-60 et seq.
Alarm systems generally 30-26 et seq. See: PHOTOGRAPHY
See:ALARM SYSTEMS Occupational license tax 70-66 et seq.
Impact fees generally 2-231 et seq. See:TAXATION
See: IMPACT FEES Political signs 94-78
Police department 42-26 Sewer impact fee requirements 78-125
LEASES Signs
Certain ordinances not affected by Code.. 1-10(a)(2) Land development code regulations 94-1 et seq.
3
City attorney See: LAND DEVELOPMENT CODE
Duties 2-126(6) Solicitors, peddlers and itinerant mer-
chants permit requirement 16-51 et seq.
LIBRARY See: PEDDLERS, CANVASSERS AND
Established 46-1 SOLICITORS
Fees schedule in general. See: FEES (Ap- Street excavation permit requirements ... 66-81 et seq.
pendix B) See: STREETS, SIDEWALKS AND
Impact fees generally 2-231 et seq. OTHER PUBLIC WAYS
See: IMPACT FEES Tree protection,land clearing 102-39, 102-40
Library board Vehicles for hire
Created 46-26 Certificate of public convenience and
Expenditures 46-27 necessitylicense
Indebtedness 46-33 Driver's 80-26 et seq.
permit 80-51 et seq.
Liability of city limited 46-31 Licenses and fees to be in addition to
Meetings 46-30 other taxes and charges
Reports to council 46-32 Vested rights 115-3 et0-3
seq.
LICENSES AND PERMITS See:VESTED RIGHTS
Adult entertainment Wastewater discharge permits 78-98
License for establishment 10-111 et seq.
Occupational license required 10-49 LIENS
Permit for employees 10-136 et seq. Abandoned property
Collection of lien on private property re
Permit requirements 10-61 et seq.
towing,storage,expenses 34-188
Alarm systems 30-27 et seq.
See:ALARM SYSTEMS Application for satisfaction or release of
Building sewers code enforcement liens 2-260
Permit for connections 78-77 LIFE SAFETY CODE. See: FIRE PREVEN-
Buildings and building regulations 82-1 et seq. TION
See: LAND DEVELOPMENT CODE
Community appearance review board LIGHT INDUSTRIAL DISTRICT
Permits Land development code regulations re zon-
Appeals and review 22-46 ing 110-26 et seq.
Application criteria 22-44 See: LAND DEVELOPMENT CODE
Supp.No. 12 CDi:30
CODE INDEX
Lire
Section Section
LIGHTS AND LIGHTING LOADING AND UNLOADING
Definitions 34-206 Offstreet loading
Exceptions 34-210 Land development code regulations re
Method of measurement 34-211 zoning 110-26 et seq.
Penalty 34-208 See: LAND DEVELOPMENT CODE
Out of repair vehicles
Policy established 34-207 Noises,enumeration of prohibited 34-153(7)
Sea turtles
Publicly owned lighting regulations.... 14-57 LOADS
Signs 94-63 Truck loads causing litter 34-34
Solid waste LOCAL IMPROVEMENTS. See: PUBLIC
Transporting regulations 62-7 WORKS AND IMPROVEMENTS
Spill-over lighting standards established34-209
Vehicles for hire 80-76(c) LOCAL PLANNING AGENCY
Planning and zoning board 58-26 et seq.
LIQUEFIED PETROLEUM GAS See:PLANNING AND ZONING BOARD
Public service tax 70-26 et seq. LOTS
See:TAXATION Land development code regulations re zon-
ing 110-26 et seq.
LITTER AND LITTERING
See:LAND DEVELOPMENT CODE
Abatement; assessment 34-43 Subdivisions
Aircraft,dropping from 34-35 Land development code regulations.... 98-1 et seq.
Burial of trash,rubbish or other debris34-41 See: LAND DEVELOPMENT CODE
Definitions 34-26
Enforcement 34-42 LOUDSPEAKERS
Gutters,sweeping into prohibited 34-31
Noises,enumeration of prohibited 34-153(3)
Handbills
(10111le Depositing on uninhabited or vacant pre-
M
mises 34-53 MALT BEVERAGES.See:ALCOHOLIC BEV-
Distribution prohibited where property ERAGES
posted 34-54
Inhabited private premises,distribution MANUFACTURED GAS
at 34-55 Public service tax 70-26 et seq.
See:TAXATION
Throwing or distributing in public places 34-51
Vehicles,placing on 34-52 MAPS.See: SURVEYS,MAPS AND PLATS
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
Posting notices prohibited 34-40 MASSAGE ESTABLISHMENTS
Property maintenance standards 34-91 et seq. Adult entertainment 10-86 et seq.
See: PROPERTY MAINTENANCE See:ADULT ENTERTAINMENT
STANDARDS MAYOR
Public places,litter in 34-29 City manager
Receptacles,placement in 34-30 Powers and duties 2-101(3)
River or other body of water,throwing in. 34-36 Civil emergencies generally 18-1 et seq.
Sidewalks See:CIVIL EMERGENCIES
Merchant's duty to keep sidewalks free Persons authorized to declare 18-2
of litter 34-32
Truck loads 34-34 MECHANICAL
Unlawful deposit 34-28 Mechanical code 82-196 et seq.
Vacant lots,depositing on 34-39 Buildings and building regulations.See:
LAND DEVELOPMENT CODE
Vehicles
Litter throwing by persons in vehicle 34-33 MEDICAL SERVICES
(iitive, Wetlands protection 106-26 et seq. Fire protection services; emergency medi-
See: LAND DEVELOPMENT CODE cal services 38-56
Supp.No. 12 CDi:31
CAPE CANAVERAL CODE
Section Section
MERCHANTS.See:PEDDLERS,CANVASS- MOTOR VEHICLES AND TRAFFIC(Cont'd)
ERS AND SOLICITORS Noises
Exhausts 34-153(6)
METERS Horns,signal devices 34-153(1)
Franchise regulations in general. See: Out of repair vehicles 34-153(7)
FRANCHISES(Appendix A) Out of repair vehicles
Taximeters 80-76(f) Noises,enumeration of prohibited 34-153(7)
MINORS Outdoor entertainment permit require-
Adult entertainment establishments ments 10-62(4)
Admission of minors 10-169 Overnight parking 74-61
Sale to minors 10-170 Parking,stopping and standing
Fireworks County's civil traffic infraction hearing
Operator regulations 38-85 officer program adopted 74-63
Dune parking prohibited 74-59
MOBILE HOMES AND MOBILE HOME Fire lanes,designation of 74-62
PARKS
No parking zones,authority to establish 74-58
Beautification board Overnight parking 74-61
Generally 2-181 et seq. Penalties 74-57
See: BEAUTIFICATION BOARD State law adopted 74-56
Flood damage prevention 90-26 et seq. Truck parking 74-60
See: LAND DEVELOPMENT CODE Signs
Land development code regulations re zon- Land development code regulations 94-1 et seq.
ing 110-26 et seq. See: LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE Truck routes
74-32
MONIES OF CITY.See:FINANCES Solicitors, peddlers and itinerant mer-
chants 16-26 et seq.
MONTHS See: PEDDLERS, CANVASSERS AND
Definitions and rules of construction 1-2 SOLICITORS
Public service tax,monthly computation70-34 Solid waste
MONUMENTS AND MARKERS Transporting regulations 62-7
Stopping and standing. See herein: Park-
Subdivisions ing,Stopping and Standing
Land development code regulations.... 98-1 et seq. Through streets,parking,etc.
See:LAND DEVELOPMENT CODE Certain ordinances not affected by Code 1-10(a)(8)
MOTION PICTURE THEATERS Travel on other than streets or highways. 74-1
Adult motion picture theaters 10-176 Trucks
Applicability of provisions 74-27
MOTOR VEHICLES AND TRAFFIC Definitions 74-26
Alcoholic beverages Exceptions 74-29
Motor vehicle regulations 6-51 et seq. Parking 74-60
See:ALCOHOLIC BEVERAGES Penalties 74-28
Concurrency management system 86-1 et seq. Truck loads 34-34
See: MOTOR VEHICLES AND TRAF- Truck routes
FIC Established 74-30
Dune parking prohibited 74-59 Inside origin 74-30(2)
Exhaust Maps of truck routes 74-31
Noises, enumeration of prohibited 34-153(6) Outside origin 74-30(1)
Fire lanes
Designation of 74-62 Signs for truck routes 74-32
Handbills Vehicles for hire 80-1 et seq.
Placing in vehicles 34-52 See:VEHICLES FOR HIRE
Land development code regulations re zon- MOTORBOATS. See: BOATS, DOCKS AND
ing 110-26 et seq. WATERWAYS
See: LAND DEVELOPMENT CODE
Litter MUFFLERS
Throwing by person in vehicles 34-33 Noises,enumeration of prohibited 34-153(6)
Maps
Truck routes 74-31 MUSICAL INSTRUMENTS
No parking zone,authority to establish74-58 Noises,enumeration of prohibited 34-153(2) 3
Supp.No. 12 CDi:32
CODE INDEX
cise,
Section Section
N OBNOXIOUS SUBSTANCES
Property maintenance standards 34-91 et seq.
NATIONAL ORIGIN DISCRIMINATION See: PROPERTY MAINTENANCE
Human rights,discrimination prohibited . 40-28 STANDARDS
NATURAL DISASTERS. See: CIVIL EMER- OBSCENITY. See: INDECENCY AND OB-
GENCIES SCENITY
NATURAL GAS OBSTRUCTIONS
Public service tax 70-26 et seq. Signs
See:TAXATION Land development code regulations.... 94-1 et seq.
See:LAND DEVELOPMENT CODE
NOISE Solid waste collection 62-11
Construction noise 34-154
Declaration of policy to prohibit noise 34-151 OCCUPANCY
Enumeration of prohibited noises 34-153 Franchise regulations in general. See:
Land development code regulations re zon- FRANCHISES(Appendix A)
ing 110-26 et seq.
See: LAND DEVELOPMENT CODE OCCUPATIONAL LICENSE TAX. See: TAX-
Violations and penalties 34-152 ATION
NUDITY OFFENSES
Adult entertainment Abandoned property 34-181 et seq.
Exhibit or display of certain anatomical See:ABANDONED PROPERTY
areas by employees or patrons pro- Certain ordinances not affected by Code 1-10(a)(1)
hibited 10-172 Code does not affect prior offenses 1-8
Alcoholic beverage establishments Court costs for police education and train-
Nudity on premises where served, con- mg 50-3
sumed or stored 6-27 Effect of repeal of ordinances and offenses
L NUISANCES committed 1-9(b)
General penalty; attorneys' fees and costs 1-15
Abandoned property generally 34-181 et seq. Penalties for specific acts,omissions,viola-
See:ABANDONED PROPERTY tions,etc. See specific subjects as in-
General penalty; attorneys' fees and costs 1-15(b) dexed
Noise generally 34-151 et seq. State misdemeanor acts adopted,penalties 50-1
See: NOISE
Property maintenance standards 34-91 et seq. OFFICERS AND EMPLOYEES
See: PROPERTY MAINTENANCE Acting city manager 2-102
STANDARDS Animal control officer 14-27
Spill-over lighting 34-206 et seq. City clerk
See:LIGHTS AND LIGHTING Duties 2-116
Weeds and vegetation 34-121 et seq. City engineer
See: WEEDS AND DEAD VEGETA- Duties 2-141
TION City manager 2-101 et seq.
Notice to remedy notices 34-123 Powers and duties 2-101
Public nuisances prohibited 34-122 City treasurer
Duties 2-141
NUMBERS AND NUMBERING Classification
Definitions and rules of construction 1-2 Certain ordinances not affected by Code 1-10(a)(14)
Numbering of buildings and property 82-366 et seq. Definitions and rules of construction 1-2
See: LAND DEVELOPMENT CODE Delegation of authority
Vehicles for hire 80-76(e) Definitions and rules of construction... 1-2
Number of passengers carried 80-79 Fire chief 38-58
Joint authority
0 Definitions and rules of construction1-2
Police chief 42-26
OATH,AFFIRMATION,SWEAR OR SWORN Precinct supervisor 42-26
Definitions and rules of construction 1-2 Salaries
Certain ordinances not affected by Code 1-10(a)(14)
Litte„ OBLIGATIONS Sergeant at arms
Certain ordinances not affected by Code 1-10(a)(2) City council 2-63
Supp.No. 12 CDi:33
CAPE CANAVERAL CODE
Section
Section
OFFICERS AND EMPLOYEES(Cont'd.) PARKS AND RECREATION(Cont'd.)
Travel reimbursement policies and proce- Glass container prohibited 54-1
dures Impact fees generally 2-231 et seq.
Reimbursement policy and procedures See: IMPACT FEES
for official travel 2-300 Litter
Throwing in river or other body of water
ORDINANCES,RESOLUTIONS,ETC.
in parks 34-36
City attorney Open fires restricted 54-3
Duties 2-126(4) Park hours 54-2
City council Recreation board
Preparation of ordinances and resolu- Duties 54-28
tions prior to meetings 2-59 Established 54-26
County animal control ordinance 14-26 et seq. Indebtedness 54-29
See:ANIMALS AND FOWL Street excavations 66-61 et
Franchise regulations in general. See: seq.
FRANCHISES(Appendix A) See: STREETS, SIDEWALKS AND
Street abandonment,ordinance required . 66-39 OTHER PUBLIC WAYS
Vessels regulated 54-46 et seq.
OUTDOOR ADVERTISING See: BOATS, DOCKS AND WATER-
Signs WAYS
Land development code regulations.... 94-1 et seq. Wetlands protection 106-26 et seq.
See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE
OUTDOOR ENTERTAINMENT PARTNERSHIPS
Compliance with other laws 10-47 Persons; definitions and rules of construc-
Definitions 10-46 tion extended and applied to 1-2
Exceptions to provisions 10-50 PEDDLERS, CANVASSERS AND SOLICI-
Fees schedule in general. See: FEES (Ap- TORS
pendix B) Definitions 16-26
Occupational license required 10-49 Fraud 16-30
Penalties for violations 10-48 Harassment prohibited 16-28
Permit Parks and recreation
Application 10-62 Commercial solicitation 54-4
Cash cleanup bond 10-64 Permission to enter premises required.... 6-27
Fee 10-63
Permit
Required 10-61 Appeals PP 16-56
OWNER Application 16-52
Definitions and rules of construction 1-2 Badge for solicitors 16-57
Exhibition of permit on request 16-58
P Investigation;denial or issuance of;record 16-53
Notice of hearing 16-55
PARKING Required 16-51
General regulations 74-56 et seq. Revocation 16-54
See: MOTOR VEHICLES AND TRAF- Report of violations 16-31
FIC Solicitor to leave when requested 16-29
PARKS AND RECREATION PENALTIES. See: FINES, FORFEITURES
Alcoholic beverages AND OTHER PENALTIES
Possession and consumption 6-52 PERSON
Animals Definitions and rules of construction 1-2
Prohibited in parks 14-28
Beautification board 2-181 et seq. PERSONNEL. See: OFFICERS AND EM-
See:BEAUTIFICATION BOARD PLOYEES
Boats,vessels regulated 54-46 et seq. PHONOGRAPHS
See: BOATS, DOCKS AND WATER-
WAYS Noises,enumeration of prohibited 34-153(2)
Commercial solicitation 54-4 PHOTOGRAPHY
Concurrency management 86-1 et seq. Motion and still photography production
See:LAND DEVELOPMENT CODE permits
Fees schedule in general. See: FEES(Ap- Application for permit 16-66
pendix B) City manager to act as agent for city 16-64
Supp.No. 12 CDi:34
CODE INDEX
(11111110e
Section Section
PHOTOGRAPHY(Cont'd.) PLANNING AND DEVELOPMENT(Cont'd.)
Definitions 16-63 Sanitary sewer system 78-26 et seq.
Nonexemption from other city Code re- See: SEWERS AND SEWAGE DIS-
quirements 16-67 POSAL
Purposes 16-61 Signs
Recovery of costs for extraordinary ser- Land development code regulations.... 94-1 et seq.
vices 16-68 See: LAND DEVELOPMENT CODE
Required 16-65 Street excavations 66-61 et seq.
Suspension and revocation 16-65 See: STREETS, SIDEWALKS AND
Title 16-60 OTHER PUBLIC WAYS
Violations and penalties 16-65 Subdivisions
Land development code regulations.... 98-1 et seq.
PIPE LINES See:LAND DEVELOPMENT CODE
Franchise regulations in general. See: Tree protection,land clearing 102-36 et seq.
FRANCHISES(Appendix A) See:LAND DEVELOPMENT CODE
Vested rights 115-1 et seq.
PLANNED UNIT DEVELOPMENTS See:VESTED RIGHTS
Land development code regulations re zon-
ing 110-26 et seq. PLANT LIFE.See:WEEDS AND DEAD VEG-
See:LAND DEVELOPMENT CODE ETATION
PLANNING AND DEVELOPMENT PLATS. See: SURVEYS, MAPS AND PLATS
Beautification board 2-181 et seq. PLUMBING
See:BEAUTIFICATION BOARD Adult entertainment establishments 10-165(b)
Business and cultural development board. 22-26 et seq. Fees schedule in general. See: FEES (Ap-
See: BUSINESS AND CULTURAL DE- pendix B)
VELOPMENT BOARD Flood damage prevention 90-26 et seq.
Community appearance review board .... 22-36 et seq. See:LAND DEVELOPMENT CODE
LieSee:COMMUNITY APPEARANCE RE- Plumbing code 82-146 et seq.
VIEW BOARD Buildings and building regulations.See:
Comprehensive plan LAND DEVELOPMENT CODE
Designation of agency,department,com- Public service tax 70-26 et seq.
mittee or person to prepare 58-58 See:TAXATION
Flood damage prevention 90-26 et seq. Sanitary sewer system 78-26 et seq.
See:LAND DEVELOPMENT CODE See: SEWERS AND SEWAGE DIS-
Franchise regulations in general. See: POSAL
FRANCHISES(Appendix A) Maintenance of plumbing system 78-35
Impact fees generally 2-231 et seq.
See: IMPACT FEES POLES AND WIRES
Land development code regulations re zon- Cable television franchise. See: FRAN-
ing 110-26 et seq. CHISES(Appendix A)
See: LAND DEVELOPMENT CODE Signs
Local planning agency Land development code regulations.... 94-1 et seq.
Designation and establishment 58-56 See: LAND DEVELOPMENT CODE
Designation of agency,department,com- POLICE DEPARTMENT
mittee or person to prepare com- Court costs for police education and train-
prehensive plan 58-58 ing 50-3
Duties and responsibilities 58-57 Fees schedule in general. See: FEES (Ap-
Plan checking fee pendix B)
Fees schedule in general. See: FEES Police department
(Appendix B) Duties of chief of police and/or precinct
Planning and zoning board supervisor 42-26
Beautification board, coordination with 2-185 Vehicles for hire
Duties 58-34 Receiving police radio calls prohibited;
Established 58-26 radios which may be used 80-81
Indebtedness 58-36
Subdivisions POLITICAL SIGNS
Land development code regulations . 98-1 et seq. Signs
Lise See: LAND DEVELOPMENT Land development code regulations.... 94-1 et seq.
CODE See: LAND DEVELOPMENT CODE
Supp.No. 12 CDi:35
CAPE CANAVERAL CODE
Section '`441
Section
PRIVATE CLUBS PUBLIC WORKS AND IMPROVEMENTS
Human rights, discrimination prohibited . 40-28 (Cont'd.)
PROCEEDINGS.See:SUITS,ACTIONS AND Concurrency management 86-1 et seq.
OTHER PROCEEDINGS See: LAND DEVELOPMENT CODE
Flood damage prevention 90-26 et seq.
PROFESSIONS See: LAND DEVELOPMENT CODE
Occupational license tax 70-66 et seq. Franchise regulations in general. See:
See:TAXATION FRANCHISES(Appendix A)
Land development code regulations re zon-
PROPERTY ing 110-26 et seq.
Abandoned property generally 34-180 et seq. See:LAND DEVELOPMENT CODE
See:ABANDONED PROPERTY Local planning agency 58-56 et seq.
Numbering of buildings and property 82-366 et seq. See:PLANNING AND DEVELOPMENT
See:LAND DEVELOPMENT CODE Public service tax generally 70-26 et seq.
Property maintenance code 82-221 et seq. See: TAXATION
Buildings and building regulations.See: Signs
LAND DEVELOPMENT CODE Land development code regulations.... 94-1 et seq.
Signs See: LAND DEVELOPMENT CODE
Land development code regulations 94-1 et seq. Street excavations 66-61 et seq.
See:LAND DEVELOPMENT CODE See: STREETS, SIDEWALKS AND
Vested rights 115-1 et seq. OTHER PUBLIC WAYS
See:VESTED RIGHTS Subdivisions
PROPERTY MAINTENANCE STANDARDS Land development code regulations.... 98-1 et seq.
Authority 34-92 See:LAND DEVELOPMENT CODE
Weeds and vegetation 34-121 et seq.
Building appearance and maintenance ... 34-98 See: WEEDS AND DEAD VEGETA-
Definitions 34-91 TION
Duties and responsibilities for mainte- Wetlandsrotection
p 106-26 et seq.
nance 34-97
Enforcement See:LAND DEVELOPMENT CODE
34-95
Landscape appearance and maintenance . 34-99 PURCHASES AND PURCHASING
Purpose 34-94 Availability of funds 2-225
Scope 34-93 Award to other than low bidder 2-218(7)
Sign appearance and maintenance 34-100 Bid deposits 2-218(3)
Standards established 34-96 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
Emergency purchase 2-221
PUBLIC SERVICE TAX Franchise regulations in general. See:
Generally 70-26 et seq. FRANCHISES(Appendix A)
See:TAXATION Ineligible contractors 2-218(6)
Notice 2-218(1)
PUBLIC SEWERS.See:SEWERS AND SEW- Open market purchase procedures 2-219
AGE DISPOSAL Performance bond 2-218(9)
PUBLIC THOROUGHFARES.See:STREETS, Procedure 2-218
SIDEWALKS AND OTHER PUBLIC Prohibition of interest
WAYS Financial interest 2-226(a)
Gifts and rebates 2-226(b)
PUBLIC VEHICLES Purpose 2-217
Vehicles for hire 80-1 et seq. Rejection of bids 2-218(5)
See:VEHICLES FOR HIRE Sole source 2-220
Subdivision,prohibition against 2-223
PUBLIC WAYS.See:STREETS,SIDEWALKS Tie bids 2-218(8)
AND OTHER PUBLIC WAYS Utilities service
PUBLIC WORKS AND IMPROVEMENTS Purchase of 70-33
Beautification board Without collecting public service tax,
2-181 et seq. purchase of
See:BEAUTIFICATION BOARD 70-37
Certain ordinances not affected by Code.. 1-10(a)(11) PYROTECHNICS. See:FIREWORKS
Supp.No. 12 CDi:36
CODE INDEX
Liro"
Section Section
R RESIDENTIAL PLANNED UNIT DEVELOP-
MENTS
RACIAL DISCRIMINATION Land development code regulations re zon-
Human rights,discrimination prohibited . 40-28 ing 110-26 et seq.
RADIOLOGICAL WASTE.See:SOLID WASTE See:LAND DEVELOPMENT CODE
RADIOS REVENUES OF CITY. See: FINANCES
Noises,enumeration of prohibited 34-153(2) REZONING
Vehicles for hire Certain ordinances not affected by Code.. 1-10(a)(9)
Receiving police radio calls prohibited;
radios which may be used 80-81 RIGHTS
Certain ordinances not affected by Code.. 1-10(a)(4)
RAILROADS AND TRAINS Code does not affect prior rights estab-
Franchise regulations in general. See: lished or occurring 1-8
FRANCHISES(Appendix A)
ROAD SIGNS
RECORDS AND REPORTS Land development code regulations 94-1 et seq.
Adult entertainment licenses 10-125
ROBBERY ALARMS.See:ALARM SYSTEMS
City clerk
Duties 2-116(1) RUBBISH. See: SOLID WASTE
Franchise regulations in general. See:
FRANCHISES(Appendix A) s
Occupational license tax
Form signing of licenses;report of infor- SALES
mation 70-70 Adult entertainment establishments
Records of issued licenses 70-86 Sale to minors 10-170
Records of licensees 70-87 Utility service without collection of public
Sewers service tax 70-40
Industrial or commercial wastewater
Lee monitoring reporting re discharges 78-100 SANITARY SEWER SYSTEM.See:SEWERS
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 regulations98-1 et seq.
See:LAND DEVELOPMENT CODE SEA TURTLES. See:ANIMALS AND FOWL
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
RECYCLABLE MATERIALS SERGEANT AT ARMS
Residences 62-9(b) City council 2-63
Solid waste generally 62-1 et seq.
See:SOLID WASTE SETBACKS
Land development code regulations re zon-
REFUSE. See: SOLID WASTE ing 110-26 et seq.
See:LAND DEVELOPMENT CODE
REGULAR MEETINGS
City council 2-56 SEWERS AND SEWAGE DISPOSAL
Building sewers and connections.See herein:
RESIDENTIAL DISTRICTS Industrial and Commercial Use
Land development code regulations re zon- Commercial use.See herein:Industrial and
ing 110-26 et seq. Commercial Use
See: LAND DEVELOPMENT CODE Concurrency management 86-1 et seq.
Signs 94-96 et seq. See:LAND DEVELOPMENT CODE
Solid waste Connection with sewer
/
Fees schedule in general. See: FEES Late connection charge 78-28
(Appendix B) Required 78-27
Supp.No. 12 CDi:37
CAPE CANAVERAL CODE
SectionNiii
Section
SEWERS AND SEWAGE DISPOSAL(Cont'd.) SEWERS AND SEWAGE DISPOSAL(Cont'd.)
Unlawful connection 78-29 Rates and charges
Crossing property of another to make con- Surcharge for abnormal strength
nections 78-39 wastes 78-111
Deposit required 78-151 Right of refusal 78-57
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 SEXUAL DISCRIMINATION
Application 78-77(b) Human rights,discrimination prohibited . 40-28
Required 78-77(a) SHOPPING CENTERS
Public sewers, connection to 78.85
Separate sewers for each building78-76 Signs
Land development code regulations.... 94-1 et seq.
Specifications 78.81
Definitions 78.51 See:LAND DEVELOPMENT CODE
Discharges SHOUTING
Fees 78-99 Noises,enumeration of prohibited 34-153(4)
General prohibitions and limitations 78-96
Industrial or commercial wastewater SHOWS
monitoring and reporting 78-100 Adult entertainment
Permission to use sewer system;waste- Generally 10-46 et seq.
water discharge permit 78.98 See:ADULT ENTERTAINMENT
Prohibited wastes,control of 78-97 SIDEWALKS. See: STREETS, SIDEWALKS
Wastewater discharge permit 78-98 AND OTHER PUBLIC WAYS
Emergency,termination of service in78-58
Enforcement;authority;minimum stan- SIGNS AND BILLBOARDS
dards 78-53 Fees schedule in general. See: FEES (Ap-
Inspectors pendix B)
Power and authority of 78-56 Handbills
Judicial remedies 78-61 Litter regulations 34-51 et seq.sewers,use of required 78-55 See:LITTER
Publication of significant violation 78-62 Property maintenance standards
Purpose 78-52 Sign appearance and maintenance 34-100
„...)
Supp.No. 12 CDi:38
CODE INDEX
Lrof
Section Section
SIGNS AND BILLBOARDS(Cont'd.) SOUND AMPLIFIERS
Specific regulations pertaining signs 94-1 et seq. Noises,enumeration of prohibited 34-153(3)
See:SIGNS AND BILLBOARDS STATE
Truck routes,signs for 74-32 Abandoned property
SINGING Notification of owner;following removal
Noises,enumeration of prohibited 34-153(4) by city
Documentation filed with state 34-185(e)
SITE PLANS Adult entertainment
Fees schedule in general. See: FEES (Ap- Compliance with state requirements 10-163
pendix B) Definitions and rules of construction 1-2
Land development code regulations re zon- Election code adopted 26-1
ing 110-26 et seq. Law
See:LAND DEVELOPMENT CODE City attorney
Planning and zoning board 58-26 et seq. Duties 2-126(3)
See:PLANNING AND ZONING BOARD Misdemeanor acts adopted,penalty 50-1
Parking,state law adopted 74-56
SOLICITORS. See: PEDDLERS, CANVASS- Vehicles for hire
ERS AND SOLICITORS Application of provisions to vehicle, op-
erator regulator by state govern-
SOLID WASTE ment 80-2
City
Authority to collect 62-3 STORAGE
Ownership by city 62-4 Abandoned vehicles on private property .. 34-181
Complaint procedure 62-6 Fireworks
Concurrency management 86-1 et seq. Storage of materials 38-87
See:LAND DEVELOPMENT CODE STORMWATER DRAINAGE
Containers Certain ordinances not affected by Code 1-10(a)(17)
‘11111? Required 62-8 Stormwater drainage utility
Definitions 62-1 Creation 78-275
Fees schedule in general. See: FEES(Ap- Defmitions, construction 78-277
pendia B) Determination of ERUs 78-301
Ownership by city 62-4 Fee, stormwater 78-300
Penalties 62-2 Findings,determinations,powers 78-276
Proper disposal prerequisite to collection . 62-10 Operating budget 78-278
Public nuisances prohibited Program responsibility 78-325
Dead plants,refuse,debris Stormwater management utility enter-
Yards,etc.,to be kept free of 34-122 prise fund 78-326
Regulations on file 62-12 Subdivisions
Residential solid waste pickup conditions Land development code regulations.... 98-1 et seq.
Location of solid waste containers 62-9(f) See: LAND DEVELOPMENT CODE
Pickup 62-9(e)
Recyclable material 62-9(b) STORMWATER MANAGEMENT
Separation of solid waste 62-9(a) Fees schedule in general. See: FEES (Ap-
Solid waste 62-9(d) pendix B)
Yard waste 62-9(c) Sanitary sewer system 78-26 et seq.
Sanitary sewer system 78-26 et seq. See: SEWERS AND SEWAGE DIS-
See: SEWERS AND SEWAGE DIS- POSAL
Street excavations 66-61 et seq.
POSAL See: STREETS, SIDEWALKS AND
Schedule of fees 62-5 OTHER PUBLIC WAYS
Transporting 62-7 Wetlands protection 106-26 et seq.
Tree protection,land clearing 102-36 et seq. See:LAND DEVELOPMENT CODE
See:LAND DEVELOPMENT CODE
Unlawful acts STREETS,SIDEWALKS AND OTHER PUB-
Burning or burying of solid waste 62-11(c) LIC WAYS
Container of another 62-11(b) Adult entertainment
Hazardous waste 62-11(f) Covering glass areas facing public thor-
Obstruction 62-11(a) oughfares 10-164
(11011111110' Unlawful accumulations 62-11(d) Alcoholic beverages
Unlawful disposal 62-11(e) Possession and consumption 6-51
Supp.No. 12 CDi:38.1
CAPE CANAVERAL CODE
Section
Section
STREETS,SIDEWALKS AND OTHER PUB- STREETS,SIDEWALKS AND OTHER PUB-
LIC WAYS(Cont'd.) LIC WAYS(Cont'd.)
Beach end streets Right-of-way
Camping prohibited 50-4 Use agreements 66-1
Beautification board generally 2-181 et seq. Camping prohibited 50-4
See:BEAUTIFICATION BOARD Signs
Cable television franchise Land development code regulations94-1 et seq.
Conditions of street occupancy. See: See: LAND DEVELOPMENT CODE
FRANCHISES(Appendix A) Solicitors, peddlers and itinerant mer-
Certain ordinances not affected by Code.. 1-10(a)(5) chants 16-26 et seq.
Concurrency management system 86-1 et seq. See: PEDDLERS, CANVASSERS AND
See: MOTOR VEHICLES AND TRAF- SOLICITORS
FIC Solid waste generally 62-1 et seq.
q
See: SOLID WASTE
City Transporting regulations 62-7
Authority of city 66-64 Street lights
Right to restore surface 66-69 Sea turtle regulations 14-57
Cleanup 66-68
Emergencies 66-70
Engineering details 66-66
Guarantee 66-67
Inspections 66-63
Liability of city 66-62
Method of installation 66-65
Penalty 66-61
Permit
Application 66-82
Cash deposits 66-84
Fee 66-83
Required 66-81
Fire lanes, designation of 74-62
Franchise agreements 66-1
Franchise regulations in general. See:
FRANCHISES(Appendix A)
Grades
Certain ordinances not affected by Code 1-10(a)(10)
Handbills
Throwing or distributing in public places 34-51
Impact fees generally 2-231 et seq.
See: IMPACT FEES
Land development code regulations re zon-
ing 110-26 et seq.
See: LAND DEVELOPMENT CODE
Lighting 34-206 et seq.
See:LIGHTING
Litter 34-26 et seq.
See:LITTER
Local planning agency 58-56 et seq.
See:PLANNING AND DEVELOPMENT
Noise
Enumeration of prohibited 34-153(4)
Open containers
Prohibited in motor vehicles 6-68
Parks and recreation areas 54-1 et seq.
See:PARKS AND RECREATION
Property maintenance standards 34-91 et seq.
See: PROPERTY MAINTENANCE
STANDARDS
Public service tax generally 70-26 et seq.
See:TAXATION
Supp.No. 12 CDi:38.2
CODE INDEX
LlireSection Section
TRADES UTILITIES(Cont'd.)
Occupational license tax 70-66 et seq. Service rate, deposits and billing proce-
See:TAXATION dures
Deposit required 78-151
TRAFFIC. See: MOTOR VEHICLES AND Monthly sewer rates 78-152
TRAFFIC Payment of sewer charges required 78-153
TRASH. See: SOLID WASTE Sewer fees where owner has private
water supply 78-154
TRAVEL EXPENSES. See: OFFICERS AND Stormwater drainage utility 78-275 et seq.
EMPLOYEES Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
TREASURER. See: CITY TREASURER OTHER PUBLIC WAYS
TREES AND SHRUBBERY Wetlands protection 106-26 et seq.
See:LAND DEVELOPMENT CODE
Fees schedule in general. See: FEES(Ap-
pendix B)
Impact fees generally 2-231 et seq. V
See: IMPACT FEES VEGETATION. See: WEEDS AND DEAD
Tree protection VEGETATION
Land clearing 102-36 et seq.
See:LAND DEVELOPMENT CODE VEHICLES FOR HIRE
Weeds and vegetation 34-121 et seq. Accidents
See: WEEDS AND DEAD VEGETA- Report of 80-88
TION Alcoholic beverages 80-87
Certificate of public convenience and neces-
TRUCKS sity license
Load regulations re litter 34-34
Parking 74-60 Application 80-27
Approval 80-28
LIII01 Traffic regulations 74-26 et seq.
See: MOTOR VEHICLES AND TRAF-
Burden of proof 80-29
FIC Expiration 80-30
Required 80-26
TURTLES Suspension and revocation 80-31
Sea turtles 14-51 et seq. Transfer 80-32
See:ANIMALS AND FOWL Compliance with provisions 80-4
Cruising,soliciting business prohibited 80-83
Definitions 80-1
U Driver's attendance to vehicles 80-84
UNSAFE BUILDINGS Driver's permit
Unsafe building abatement code 82-56 et seq. Application 80-53
Buildings and building regulations.See: Fees 80-55
LAND DEVELOPMENT CODE Fees schedule in general. See: FEES
(Appendix B)
UTILITIES Investigation;issuance,denial;posting. 80-54
Flood damage prevention 90-26 et seq. Penalty 80-52
See: LAND DEVELOPMENT CODE Required 80-51
Franchise regulations in general. See: Surrender;revocation;suspension 80-57
FRANCHISES(Appendix A) Transferability;term of validity 80-56
Impact fees generally 2-231 et seq. Federal or state government
See: IMPACT FEES Application to vehicles, operators regu-
Land development code regulations re zon- lated by 80-2
ing 110-26 et seq. Fees schedule in general. See: FEES(Ap-
See:LAND DEVELOPMENT CODE pendia B)
Public service tax generally 70-26 et seq. Insurance 80-5
See:TAXATION Licenses and fees to be in addition to other
Reclaimed water 78-176 et seq. taxes and charges 80-3
See:WATER SUPPLY AND DISTRIBU- Lost money or property 80-86
TION Maintenance of records 80-85
Sanitary sewer system 78-26 et seq. Nonpaying passengers with paying passen-
See: SEWERS AND SEWAGE DIS- gers,transporting of 80-80
(1,111101 POSAL Number of passengers carried 80-79
Supp.No. 12 CDi:41
CAPE CANAVERAL CODE
Section
Section
VEHICLES FOR HIRE(Cont'd.) WATER SUPPLY AND DISTRIBUTION
Police radio calls,receiving prohibited;ra- (Cont'd.)
dios which may be used 80-81 Installation and inspection of the re-
Rates and charges claimed water system
Charging rates in excess of established Adoption of Chapter 62-610,F.A.0 .. 78-200
rates 80-78 Areas embraced 78-197
Schedule of 80-77 Code enforcement board authority and
Report of accidents 80-88 violation liability 78-195
Required equipment;standards Cross-connection control 78-198
Compliance 80-76(a) Discontinuance of service 78-193
General mechanical condition; cleanli- Inspections 78-192
ness;lighting 80-76(c) Policies and regulations adopted;com-
Letters,numbers required 80-76(e)
Mechanical inspection 80-76(d) pliance required 78-191
Substitution of equipment 80-76(g) Public employees liability 78-196
Unauthorized use 78-199
Taximeters 80-76(0
Unlawful connections or practices... 78-194
Vehicle type, capacity 80-76(b)
Schedule rates and charges 80-77 Irrigation usage rates 78-180
Stands, depots,terminals and parking.... 80.82 Reclaimed water uses 78-178
Right to refuse service 78-181
VESSELS. See: BOATS, DOCKS AND WA- Sanitary sewer system 78-26 et seq.
TERWAYS See: SEWERS AND SEWAGE DIS-
VESTED RIGHTS POSAL
Application for vested rights determine- Subdivisions
Land development code regulations 98-1 et seq.
tion 115-7
Definitions 115-2 See: LAND DEVELOPMENT CODE
Exhaustion of administrative remedies re-
quired 115-4 WATERWAYS, WATERCOURSES. See:
3
Issuance vested rights permit 115-12 BOATS, DOCKS AND WATERWAYS
Judicial review 115-13 WEEDS AND DEAD VEGETATION
Permit expiration; substantial deviations, Fees schedule in general. See: FEES (Ap-
etc 115-6
Public hearing 115-11 pendix B)
Purpose and intent 115-1 Intent 34-121
Review and recommendation by city attor- Notice to remedy nuisance 34-123
ney 115-8 Public nuisance prohibited 34-122
Standards for determining vested rights.. 115-5 Records 34-127
Supplemental evidence 115-9 Remedies by city 34-126
Vested rights agreements 115-10 Tree protection,land clearing 102-36 et seq.
Vested rights permits,effect 115-3 See: LAND DEVELOPMENT CODE
WETLANDS PROTECTION
W
Specific regulations p � 106-26 et seq.
WASTEWATER See:LAND DEVELOPMENT CODE
Sewer impact fees
WHISKEY. See:ALCOHOLIC BEVERAGES
Excessive quantity of 78-123
WATER SUPPLY AND DISTRIBUTION WHISTLING
Adult entertainment establishments 10-165(a) Noises,enumeration of prohibited 34-153(4)
Concurrency management 86-1 et seq.
See:LAND DEVELOPMENT CODE WINE.See:ALCOHOLIC BEVERAGES
Flood damage prevention 90-26 et seq.
See:LAND DEVELOPMENT CODE WRITS, WARRANTS AND OTHER PRO-
Impact fees generally 2-231 et seq. CESSES
See: IMPACT FEES Franchise regulations in general. See:
Public service tax generally 70-26 et seq. FRANCHISES(Appendix A)
See:TAXATION
Reclaimed water
Connection to the system 78-177 y
Definitions 78-176 YARD WASTE.See: SOLID WASTE j
Supp. No. 12 CDi:42
CODE INDEX
Loo' Section Section
YARDS AND OPEN SPACES
Subdivisions
Land development code regulations 98-1 et seq.
See:LAND DEVELOPMENT CODE
Weeds and vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
YELLING
Noises,enumeration of prohibited 34-153(4)
Z
ZONING
Adult entertainment establishments
Distance and dispersal requirements10-166
Amendments to map
Certain ordinances not affected by Code 1-10(a)(9)
Fees schedule in general. See: FEES (Ap-
pendix B)
Flood damage prevention 90-26 et seq.
See: LAND DEVELOPMENT CODE
Land development code 110-1 et seq.
See: LAND DEVELOPMENT CODE
Local planning agency 58-56 et seq.
See:PLANNING AND DEVELOPMENT
Planning and zoning board 58-26 et seq.
See:PLANNING AND ZONING BOARD
Lite Political signs 94-78
Signs
Land development code regulations94-1 et seq.
See:LAND DEVELOPMENT CODE
Street excavations 66-61 et seq.
See: STREETS, SIDEWALKS AND
OTHER PUBLIC WAYS
Subdivisions
Land development code regulations98-1 et seq.
See:LAND DEVELOPMENT CODE
Weeds and vegetation 34-121 et seq.
See: WEEDS AND DEAD VEGETA-
TION
Wetlands protection 106-26 et seq.
See: LAND DEVELOPMENT CODE
L
Supp. No. 12 CDi:43
J